A two vehicle car accident on Ky 80, approximately 8 miles east of Columbia, Kentucky has resulted in the death of one driver, Travis Fair, and the injury of another driver, Daryl Flatt, and a passenger, Candi Flatt. Reports indicate that Mr. Fair’s vehicle crossed the center line of the roadway and struck the Flatt’s pickup. Mr. Fair died at the scene and the Flatts were taken to Westlake Regional Hospital to be treated for their injuries. Reports are speculating that texting while driving was a factor in this crash.
Texting while driving is illegal in Kentucky and would be a cause for a legal claim of per se negligence on the part of the texting driver. This per se claim of fault is important in helping the not at fault driver and passenger to recovery the maximum allowed damages under Kentucky law to compensate them for their injuries and this accident.
In cases where texting is suspected, it is important to quickly file legal claims so subpoenas can be issued for the cell phone records of the at fault party. Many times, depending on the cell phone company, texting records are not kept for a very long period of time. It becomes important to legally demand such records for the cell phone company as quickly as possible to avoid this important evidence for being lost due a the cell phone company’s short time framed record retention policy.
For more information on the legal rights of persons injured or killed in auto accident involving texting, contact Kentucky personal injury and wrongful death attorney Brent T. Ackerson and the Ackerson Law Offices at (502) 882-5176, or contact us directly online by clicking here.