James R. Laslie, age 33, of Crestwood, Kentucky, was killed Tuesday afternoon while working at a home on Mockingbird Valley Road. Mr. Laslie was using a backhoe to dig a trench abutting the home on Mockingbird Valley Raod, when he got off the backhoe and entered the trench he had been digging. A concrete slab he had been digging around then slipped and pinned him in the ditch. He died from these injuries. This is a tragic loss for the Laslie family and friends. The circumstances of this death are under investigation, and the Estate of Mr. Laslie will be able to seek some justice from workers compensation and other avenues, but will never be able to replace the loss of life. The Ackerson Law Office's sympathies go out to his family.
August 2011 Archives
Another tragic Kentucky car crash occurred on Versailles and Rice roads around 1:30 a.m. last Friday. Accident re-constructionists have determined that a Chrysler 300 was driving outbound on Versailles Road when it lost control, crossed the center line, rotated and traveled backwards into an oncoming Ford Taurus. The driver of the Chrysler was killed and the diver and passenger of the Taurus were injured and taken to University Hospital. This is a clear case of the legal liability being on the driver of the Chrysler. The driver of the Taurus, William E. Goggins, and his female passenger, both have legal claims for justice, compensation, and damages under Kentucky Law.
Another tragic Kentucky waterway accident has occurred. Timothy Austin Hagedorn, age 17, was killed in a boat accident on the Ohio River. Hagedorn and four others where in a runabout boat when their boat collided with a larger boat. Hagedorn and his four friends were thrown from their boat in the accident. Hagedorn's four friends were taken to University Hospital for their injuries, and Hagedorn's body was recovered. He died from the boat crash. None of the passengers on the larger boat were injured. Boating can be very dangerous due to the lack of defined travel paths. Boat owners owe a duty to others to be cautious, in full control of their boat, and mindful of other boats.
Someone is responsible for the negligence that resulted in this tragic accident that took the life of Timothy Austin Hagedorn. That or those parties are legally liable to the Estate of Timothy Austin Hagedorn and his family for this life lost.
A Toyota pickup truck traveling on Elkins Station Road in Clark County, Kentucky left the roadway, hit a culvert, and then swerved back onto the roadway. When the pickup re-entered the roadway, it struck a young child riding a bicycle. The accident happened around 7:30 p.m. and the child was pronounced dead at 8:20 p.m. This a tragic accident that reinforces that drivers of motor vehicles have to be vigilant at all times. Anything that takes full attention off of the roadway or what is on the roadway can result in this kind of tragic death. Drivers of vehicles have to recognize that legally they share the road with bike riders, and owe bike riders the same responsibilities that they owe other motorists.
In this case, the family of the child killed will have a Kentucky wrongful death claim against the driver of the pickup and the driver's insurance company. This will be a substantial claim due to the death of such a young child. The family of the deceased will need to establish an Estate through Kentucky Probate Court, in order to have a person legally appointed to represent the Estate. From there, the Estate can seek justice for the death of this child. The legal damages and justice that can be sought through the civil courts by the Estate are medical bills, pain & suffering, a lifetime of lost earning capacity and wages, and potentially punitive damages if the facts warrant that the vehicle's drivers acted wantonly or with reckless disregard for safety. The parents of a deceased child also have Kentucky lose of consortium claims that are different and above the claims the Estate.
Samuel Hazley III of Louisville, Kentucky was pronounced dead at 7:31 a.m. at University of Louisville Hospital. Mr. Hazley had been waiting for a bus, at the bus stop located at Dixie Highway & Blanton Lane, when a driver of a Suzuki Sidekick lost control of the vehicle, veered out of the northbound lane of Dixie Highway, and hit Mr. Hazley. The driver of the vehicle admitted to police that he had fallen asleep at the wheel. This is a tragic accident that could have been avoided. Drivers who are tired or fatigued should not operate their vehicles. Driver fatigue can be as dangerous as drinking and driving. In this case, the consequences have been tragic as Mr. Hazley has lost his life. This is a crosswalk or pedestrian styled legal death claim, in which there will be many different sources of insurance recovery to be examined.
Negligent drivers who fall asleep at the wheel and cause injury or death to another person are liable under Kentucky law. In this case Mr. Hazley's family and his Estate have a clear case of wrongful death against the driver of the Suzuki. The legal damages that will be able to be recovered vary from case to case and depend upon various legal factors. An estate will need to be set up to empower a person to become the legal representative of the deceased Mr. Hazley, and from there, the family will have authority to begin to seek to be legally compensated for their loss.
For the calendar years 2000 through 2009, amongst 52 metropolitan areas, Louisville has been ranked 19th concerning pedestrian fatalities. In a recent report by Transportation for America, a safety-advocacy organization, the Louisville, Kentucky area had a "pedestrian danger index" rating of 95.7. That rating was based upon 192 pedestrian fatalities from 2000 through 2009. That figure translates to an average annual pedestrian fatality of 1.6 per 100,000 people. The metro Louisville area has approximately 700,000 residents currently in 2011.
Comparing Louisville with other metro areas, Nashville, TN ranked 14th with 204 pedestrian deaths and had a pedestrian danger index of 109.7. Indianapolis, IN ranked 31st with 180 pedestrian deaths and had a pedestrian danger index of 63.5, and Cincinnati, OH ranked 42nd with 172 pedestrian deaths and had a pedestrian danger index of 37.7. The highest ranked cities, which makes them the most dangerous for pedestrians, were Orlando, FL, Tampa, FL, Jacksonville, FL, and Miami, Fl. Orlando's pedestrian danger index was 255.4.
Kentucky pedestrian fatalities, if involving a motor vehicle striking the pedestrian, have numerous legal recovery options, including automobile insurance policies owned by the deceased pedestrian. If the death is related to a dangerous property condition, then there maybe property owner insurance or business insurance coverage to provide for a legal recovery for the family of the victim. The legal damages that can be claimed and recovered under Kentucky law resulting from pedestrian deaths, which are classified as Kentucky wrongful death claims, can vary based upon the economic factors of the deceased.
Two people have died from an automobile crash in Lexington, Kentucky. It has been reported that a Mercedes Benz was traveling a high rate of speed after the University of Kentucky Campus Police attempted to stop the vehicle. The auto accident happened on East High Street. As the car traveled at a high rate of speed, the vehicle left the roadway and struck a tree. The driver of the Mercedes was thrown from the car and died at the scene from those injures. Upon impact with the tree, the car burst into flames. The passenger of the car never made it out of the vehicle, and died in the fire and crash.
It is unknown at this time why the driver may have attempted to avoid the police. However, whatever the driver's reasons for traveling so fast, it was negligent to do such and appears the cause of this tragic crash. The passenger's Estate and family will have a Kentucky wrongful death claim against the driver and his insurance company.
Firefighters were called to the scene of an apartment building fire on the1600 block of Story Avenue in Louisville, Kentucky on Saturday. The fire started a little after 2:00 a.m. in the morning. Firefighters rescued two adults and a one year child from the burning building.
The son of State Senator and former Kentucky Governor Julian Carroll was killed in an automobile accident. Bradley Carroll was only 47 years old at the time of this tragedy. Our sympathies go out to the Carroll family at their time of this tragic loss.
Cecil Johnson of Lancaster, Kentucky, age 61, died late Saturday after his motorcycle left the roadway, struck a ditch and flipped several times. The Kentucky motorcycle accident occurred on Moran Mill Road in Madison County, Kentucky. Alcohol is a suspected factor. This was reported as a single vehicle accident.
Anytime a person is injured or killed in motor vehicle accident, the family of the person killed should have the accident thoroughly investigated. The investigation in cases of single vehicle alcohol related accidents involve where was the person travel from and to. Where had the deceased been drinking. In Kentucky, motorcycle and car accidents that involve alcohol can lead to "dram shop" liability. "Dram Shop" laws are aimed at punishing bars and restaurants that over serve alcohol to persons that then injure themselves or others. Mr. Johnson's family should investigate the level of alcohol in Cecil Johnson's body at the time of death, and if such was excessive, then investigate where he'd been drinking.
Wrongful death claims in Kentucky can be brought by the families of persons over served by bars and restaurants.
According to the Kentucky State Police, via a press release, eleven people died in eleven separate Kentucky automobile crashes and Kentucky motor vehicle accidents on Kentucky roadways from Monday, July 25 through Sunday, July 31 of this year.
Families who have lost loved ones in Kentucky car, truck, motorcycle, or motor vehicle accidents have a right to seek legal compensation under the law for the death of a loved one. These types of cases are called "Wrongful Death" claims and the damages that can be sought range from medical bills, to pain & suffering, to lost family income, to punitive (punishment) damages. The legal compensation under Kentucky law will vary depending on the particular facts and circumstances surrounding each accident and death.
On Sunday evening around 8:48 p.m. a vehicle driven by Antione Nichols, age 27, crossed the center line of Blue Lick Road and struck a vehicle in on coming traffic, resulting in a tragic Lousville car crash. The driver of the other vehicle was not injured, but both Nichols and the passenger in Nichols' vehicle were injured and taken to the Hospital. Nichols died at the hospital and the passenger is reported to have non-life threatening injures. It is unknown at this time why Nichol's vehicle crossed over into the lane of on-coming traffic.
Nichol's passenger has legal rights related to this accident, even if Nichols is the at-fault driver. The passenger will be able to make a claim against Nichol's insurance company for the medical bills related to the accident, pain & suffering related to the accident, and any lost wages that come from time off work related to the accident. This is a tragic car wreck that has changed families' lives forever.
This Notice has been posted by the Ackerson Law Offices.
Two women in Calloway County, Kentucky were injured this weekend on Almo Road after a drunk driver crossed the center line and struck their vehicle. Emily Stockwell was transported from the scene of the accident to Murray-Calloway County Hospital, and Rachel Stockwell was airlifted to Vanderbilt Medical Center. The driver of the at fault vehicle was taken to the Calloway County Jail and he was charged with DUI.
The Stockwell ladies will be entitled to be legally compensated for the pain & suffering, medical bills, and lost wages from this accident. Additionally, because this accident involves driving under the influence, Kentucky law will allow the victims, Emily & Rachel Stockwell, to seek punitive damages against the at fault DUI driver. Punitive damages are designed to punish the driver and deter others from committing the same offense.