May 2013 Archives

Eric McCrary Injured By Car Striking Him On US 25 Near Corbin, Kentucky

May 30, 2013

The accident happened around 10:00 a.m. Eric McCrary, age 33, was working a warning flagger for vehicles along US 25 to notify them to be cautious of tree trimming occurring along the roadway. Mr. McCrary was wearing proper attire and had his flag in hand when he was truck by a vehicle. The driver of the vehicle that struck Mr. McCrary told witnesses that she didn't see him in the roadway. The river of the vehicle has been reported to have an infant in the rear seat of the vehicle, which may have been a cause of detraction for her. Drivers owe a duty to other drivers and pedestrians on the roadways to be safely in control of their vehicles and mindful of their surroundings, which would include Mr. McCrary.

No one believes that the driver of the vehicle intended to hit Mr. McCrary, but it did happen. As an accident, it will be claimed that there was negligence on the part of the driver to not have seen Mr. McCrary and taken action to avoid hitting him. It is this very negligence that leads to accidents, which Kentucky Personal Injury Legal Claims are designed to address. They type of claims afford legal compensation to victims.

Mr. McCrary will have both a workers compensation claim to help him cover his medical bills and lost wages, and he will have a "Third Party Negligence" claim against the driver of the vehicle that hit him. The "Third Party Negligence" claim will afford Mr. McCrary an opportunity to seek compensation for his pain & suffering, which will not be covered by his workers comp claim.

For more information on the legal rights of victims of accidents in Kentucky, visit the Ackerson Law Offices website. (Here is a LINK to that webpage).

Johnson County, Kentucky Truck Crash Involving Coal Truck Kills Maranda Martin And Injures Four Others.

May 30, 2013

A tragic Kentucky Semi Accident has occurred in Johnson County, Kentucky. A Chevy pickup truck hauling wood had 3 passengers in the cab of the pickup and two passengers in the bed of the pickup when it turned onto US 23 southbound from KY 201. That vehicle was then struck in the rear by a semi tractor trailer, a coal truck. The driver of the coal truck was not injured. The driver of the pickup and the two passengers in the cab, were injured and taken by EMS to the hospital. A male passenger riding in the bed of the pickup was thrown from the truck and airlifted to the Hospital with severe injuries. 36 year old Maranda Martin, who was also riding in the bed of the pickup, was thrown from the vehicle and died at the scene of the crash.

Those injured in this crash has legal rights and under Kentucky law can seek to be compensated for what has happened to them. (Here is a link to the Ackerson Law Offices' website explaining Kentucky Personal Injury Claims and damages that victims can claim.)
The family of Maranda Martin will be able to establish a legal Estate for her, which will then grant authority for a representative of that Estate to seek a Kentucky Wrongful Death Claim. (Here is a link to the Ackerson Law Office's Wrongful Death Claim webpage).

In accident cases involving semi tractor trailer trucks, its important for injured parties and Estate's of deceased persons to act quickly in preserving evidence from the accident, including preserving the semi's driver's logs and ledgers. This sort of evidence is very important in determining whether certain damages can be sought against the trucking company.

Questions about the legal rights of victims can be submitted through the Ackerson Law Offices' webpage (Link) or there is a telephone number on that page that can be used to contact Attorney Brent T. Ackerson.

Heather Stith Killed In Pedestrian - Car Accident In Carlisle, Kentucky

May 28, 2013

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21 year old Heather Stith, of Nicholas County, Kentucky was killed Tuesday morning when she was hit by a car. Ms. Stith was a pedestrian out for a late evening walk when she was struck by a motor vehicle along East Union Road near Main Street in Carlisle. Heather's family, via establishing an Estate through the Kentucky Court system, will have a Kentucky Wrongful Death Claim related to this pedestrian accident.

Under Kentucky Law, drivers owe a duty to pedestrians, to be in constant control of their vehicles and be mindful of their driving surrounds (which include pedestrians walking). While all the evidence points to the driver of the vehicle not intending to strike Heather, Kentucky Law affords persons injured or killed, due to the negligent driving of others, to seek civil justice and be compensated legally for injuries or a loss of life. Legally there are arguments by the lawyers to be made of who bears what percentage of fault in an accident like this, which will include factual evidence of everything from speed, to visibility, to driver distractions, and so on. Ultimately it is unlikely that Heather will bear 100% fault, and thus a legal recovery percentage/proportional to allocated fault percentages will be available for her family to seek civil justice for her tragic loss of life.

Kentucky Legal Damages from an accident like this include medical bill reimbursement, pain & suffering, and a calculation of the lifetime of lost earnings the deceased would have earned over her lifetime. In cases like the death of Heather Stith, who was so young and airlifted to UK Hospital from Nicholas County Hospital, the legally available civil justice that can be sought by her family and loved ones will be substantial.

For more information on the legalities of these types of legal matters, a link is provided to the Ackerson law Offices webpage. (Click here for the link to the Ackerson Law Offices).

Jack Masters Killed And Four Others Injured in Northern Kentucky Auto Accident

May 28, 2013

This Kentucky car crash occurred around 10:00 p.m. Saturday Night at the intersection of Crittenden and Mount Zion Road in Grant County, Kentucky. Police reports indicate that 21 year old Jack Masters was pulling out of a driveway when his vehicle was broadsided by an SUV. Masters died at the scene of the crash. Passenger Kyle McMullen was treated for injuries at the hospital and has now been released. The woman driving the SUV and two young children were also taken to the Hospital for injuries sustained in the crash.

At this time, this accident has multiple claims which include the Kentucky Personal Injury Claims of the adults and children injured in the crash, and a Kentucky Wrongful Death Claim by the family of Mr. Masters. Passengers in vehicles, under Kentucky law aren't viewed as at-fault parties and can seek civil justice to compensate them for what the have been harmed, including economic loss, such as medical bills, lost wages, and pain & suffering. (here is a link to a explanation of compensatory damages for Kentucky personal injury claims).

The Kentucky Injury/Death Attorney Brent T. Ackerson and the Ackerson Law Offices handle these types of claims for victims and families, and are available to answer any questions about the process and the law related to accidents and deaths.

Kevin Kaaks Killed Whitley County, Kentucky Car Crash

May 28, 2013

Kevin Kaaks, age 42, was killed when a truck collided with the passenger side of his vehicle. Two minor children were also injured in this accident, and taken to the hospital. This Whitley County, Kentucky auto accident happened Sunday afternoon at the intersection of Bee Creek Road and Cumberland Falls Highway. The children in this accident are listed in critical condition.

The family of Kevin Kaaks will be able to make a Kentucky Wrongful Death Claim under Kentucky Civil Law to attempt to seek civil justice for Kevin's death. Claims like these can be complicated and substantial in size. Death cases in Kentucky allow the family and the Estate of the deceased to seek lost wage for the remainder of the deceased expected lifetime. Pain & suffering damages may also be available depending on the particular circumstances of the accident, and spouses and children under the age of 18 will be allowed to make a loss of consortium/love and affection claims.

The two minor children will have Kentucky Personal Injury claims from this accident, which will include medical bill recovery (both past and future), pain & suffering, and possible future impairment claims.

The Ackerson Law Offices, a Louisville based law firm, (click here for a link to the firm and more information) handles these types of claims for victims and families, and are available to answer any questions about the process and the law.

Bethany L. Hardman Killed In Auto Accident

May 10, 2013

Bethany L. Hardman, age 29, of Wilmore, Kentucky was killed in a Jessamine County Kentucky auto accident. This Kentucky car crash occurred on Thursday just before 9:00 a.m. as Ms. Hardman's 2002 Saturn attempted a left hand turn from Clear Creek Road onto Ky 169.

In any Kentucky automobile related death, the legal inquiry is on who and what caused the accident and what could have been done to prevent. Person injured or killed in Kentucky auto accidents may be entitled to legal compensation for their injuries and/or death.

Paducah Kentucky Accident Injures Two

May 10, 2013

Kimberly Youngblood, age 50, of Kevil, and Benjamin Crabtree, age 30, of West Paducah were both injured in a Kentucky auto accident that occurred on Woodville Road. The accident happened as Youngblood was attempting to pass Crabtree's vehicle, as Crabtree's vehicle attempted to make a left had turn.

Negligence and fault in this accident are complicated by the facts involved of one vehicle attempting to pass another wile that vehicle is turning. Legally, to determine which injured party will be legally responsible to the other will depend on a thorough examine of what exactly happened. Should Youngblood have known that Crabtree was going to turn? Was the location of the pass one which legally allowed for vehicles to pass each other? Should Crabtree have seen Youngblood?

The at fault party will be legally responsible for medical bills, pain & suffering, and any other damages resulting fro the wreck. The lawyers will likely have to argue and sort out who bears fault and what percentage in this accident.

Posted by: The Ackerson Law Offices

UPDATED STORY: Latonya Hunt Of Sidon Mississippi Kill In Louisville Kentucky SUV Accident

May 8, 2013

As the story and the legalities were discussed in an early posting, including photos of the accident, (Click here for link to earlier story link), a pregnant woman and her unborn child were killed in a SUV accident in Louisville Kentucky on I-71. The victim has been identified as 31 year old Latonya Hunt of Sidon Mississippi. Ms. Hunt was a passenger in the vehicle and was 27 weeks pregnant. She was ejected from the GMC Envoy and died of blunt force injures. Tow other women in the vehicle were taken to the hospital with serious injuries.

Ms. Hunt's family will have a Kentucky Wrongful Death legal claim against the driver of the vehicle and her insurance company. It can be legally sought by the establishment of a Kentucky Estate, for the express purposes of pursuing the lawsuit. The legal compensation sought will vary based upon the circumstances of the accident, but will include a lifetime of lost earning potential, which puts a large legal/financial compensation for the family of Ms. Hunt.

Passengers in single car accidents have legal rights under Kentucky law to seek civil justice for the injuries or death caused by the single vehicle accident.

Tommy Henson & Passenger Injured In Kentucky Car Crash

May 6, 2013

Tommy Henson, age 33, of Waynesburg, and his passenger were injured in a head-on crash with a Ford Mustang. Henson was driving a Dodge Durango on US 421 Sunday, when a 1997 Ford Mustang cross the center line of the roadway and struck Henson's Durango head-on. Henson and his passenger were both taken to Manchester Memorial Hospital for their injuries. The driver of the Mustang was died from her injuries.

Henson and his passenger both have Kentucky legal claims related to this accident. They will both have expensive medical bills, and other monetary losses that they will be entitled under Kentucky Law to be compensated for, as this crash was not their fault. It is a tragic loss of life for the driver of the Mustang and her family, and the Henson and his passenger are also still tragically suffering from this crash.

Both Henson and his passenger have similar and yet distinctive legal claims due to the insurances involved in this type of accident.

Mary Wells Died From Injuries Sustained In Pulaski County Kentucky Car Crash

May 6, 2013

Mary Wells died from injuries she sustained in a Pulaski County car crash that occurred just north of Somerset, Kentucky. It occurred near the intersection of US 27 and Still Water Road on Saturday. Ms. Wells was a passenger in a car that pulled in front of a Jeep, and collided with the Jeep. Ms. Wells was only 58 years old at the time of her death.

The Family of Ms. Wells has legal rights under Kentucky Law related to this deadly crash. The will be able to establish a Legal Estate to represent Ms. Wells and seek a Kentucky Wrongful Death claim related to the accident that caused Ms. Well's injuries and her death. This type of legal claim is controlled by Kentucky Statute, KRS 411.130, and is referred to as a Kentucky Wrongful Death claim.

Wrongful Death claims are more complex that regular auto accident claims, and require that a Legal Estate be established to represent the deceased person. This type of legal claim will allow the family to seek to have the hospital bills paid, funeral costs, and other monetary compensation for the loss of Ms. Well's life.

Rita Roberts Killed In Lewis County, Kentucky Auto Accident

May 6, 2013

Rita Roberts was a passenger in a truck that left the roadway and crashed into a tree. The wreck happened along Kentucky 57. The family of Rita Roberts has Kentucky legal rights related to her death. Even if the driver of the truck was not acting intentionally, Ms. Roberts' family is entitled to civil justice under Kentucky Law. Her family will incur funeral expenses, severe grieving, and the Estate of Rita Roberts will legally be entitled to claims for her death and a lifetime of lost earning capacity. The Estate's legal claims will be controlled by Kentucky statute KRS 411.130. These type of death claims are referred to as Kentucky Wrongful Death actions.

One Woman Killed & Two Other Injured When GMC Envoy Crashed On I-71 This Monday Morning, May 6, 2013

May 6, 2013

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The Louisville Kentucky car crash happened around 8:30 a.m. this morning on Interstate 71 in Louisville, Kentucky. A GMC Envoy driven by a woman with two female passengers was traveling southbound on I-71 near the Gene Snyder Freeway when the SUV left the road and crashed for unknown reasons. The driver and one passenger were seriously injured. Another female passenger, believed to have been pregnant, was ejected from the vehicle and died from her injuries. The three women were not from Kentucky.

Persons injured and even killed in single vehicle accidents have legal rights under Kentucky law to be legally compensated for the injuries sustained, and even a death, that is the result of the negligent driving of the driver of the vehicle they are traveling in. The driver and the driver's insurance company can be forced to pay for medical bills, lost wages resulting from the accident, pain and suffering, and in the case of a death, the deceased's lost lifetime earning and wages capacity. The passenger injured in this crash will have a Kentucky Personal Injury legal claim and the passenger killed will have a Kentucky Wrongful Death legal claim.

In case's like the one herein reported, it is important for the families of the injured or killed to have legal representation preserve the evidence from the crash and insure that a thorough accident re-construction is performed.