Felecia Burton, age 40, of Lexington, Kentucky, was killed Sunday morning after being struck by a van. This tragic accident happened around 4:30 a.m. Sunday. Burton and friends had left a bar and were walking along the roadway in Okolona neighborhood area when for unknown reasons Burton stumbled into the roadway and was struck by a van. Police reports indicate that alcohol may have been a factor in causing this accident. If alcohol is determined to be a factor, Burton's family may have a claim against the bar that over served the alcohol that lead to this accident. This type of legal action is generally known as a Kentucky Wrongful Death Claim and more specifically known as a Dram Shop Action, in cases of over serving of alcohol. Dram Shop actions, depending upon the parties involved, can be either 1st party claims or 3rd party claims.
Recently in Accidents & Personal Injury Category
A motor vehicle crash in Graves County, Kentucky occurred Sunday at the intersection of Ky 80 and Ky 97 when a vehicle failed to yield the right-of-way while attempting to turn onto Ky 80. the accident resulted in injuries to both drivers. A passenger, 17 year old Kelsey Gibson, of Murray, Kentucky, was severely injured and airlifted to Vanderbilt hospital to be treated for her injuries.
Ms. Gibson, a passenger cannot be liable for this accident, and as such Kentucky law will afford her and her family the right to seek Kentucky civil law damages. Anytime a person is airlifted to the hospital the medial expenses, including the stat flight, will be substantial. As such, knowledge of insurance laws and avenues of coverage flexibility are important to consider early in the process of seeking treatment and protecting the legal rights of the innocent injured person.
This accident happened last Thursday night on U.S. 60 near the intersection of Ky 5. The Accident was caused by a westbound vehicle crossing the center line of the roadway and crashing into a Chevy Blazer. This accident resulted in multiple persons being sent to hospital and the death of 17 year old Alexandra "Paige" Bush.
While clearly the accident appears to be the fault of the vehicle crossing into the path of on-coming traffic, the greater unanswered questions are what caused the vehicle to cross into the other lane. The reasons can range from mere driver inattentiveness to other acts such as cell phone usage.
Kentucky law affords the families of victims who are killed in motor vehicle accidents to use Kentucky civil laws to seek justice in cases where someone is killed. Such legal action is referred to as a Kentucky Wrongful Death Suit and affords families the right to use the legal system to seek redress and answers to what caused the accident. Often these types of lawsuits are not only about seeking to punish the wrong doers financially, but often through the legal discovery process and the taking of depositions, the witnesses are forced to testify and provide answers about what truly happened.
Civil justice in cases where people die can afford financial recoveries to help with the loss suffered by the families, serves as a form of punishment for the wrong doers, and can afford families piece of mind as to the hows and whys that caused the tragedy.
A fatal cross-over accident occurred on US 127 in Casey County, Kentucky around 6:30 p.m. last Friday. This accident involved a vehicle crossing the center line of traffic and crashing into another vehicle traveling the opposite direction. Michael Beal, age 26, was tragically killed in this accident.
Kentucky civil laws related to tragic auto accident are not as compassionate as one would hope. They do not afford justice fully to a family who has lost a loved one. Often the legal damages that can be claimed in Kentucky Wrongful Death lawsuits is limited solely to the lost earning potential of the victims, and do not afford family members, other than spouses or younger children, compensation for the bereavement and emotional distress suffered.
Kentucky Wrongful Death Claims are very fact specific to the circumstances of the accident and the circumstances of the deceased victim's life. The families of younger victims are compensated much more than the families of victims who are much older. As a result the laws can seem to disproportionately place a greater value on life at a younger age than an older age. The reality however is that the law is merely affording compensation for the lifetime of lost earning potentials, and a person who is young has lost more years of earning capacity than a person who is of the age of retirement.
It is this lack of compassion that causes families who have lost a loved one due to the negligence of others to feel that the legal system has failed them. Good legal representation is important, as it affords the family an objective and legally knowledgeable person who knows the laws and understands the limitations it can afford. As such, the families can focus on their grief and healing, while their lawyer can focus on the legalities and take that stress off of the families.
More information about Kentucky Wrongful Death Claims and the legal remedies afforded the families of victims can be found at www.kyfirm.com.
A single vehicle accident in Harrison County, Kentucky last Friday has resulted in the death of one passenger and the serious injury of the driver and another passenger. Joshua Frank Fryman, age 21, died from the injuries he sustained in this crash. The driver of the vehicle and another passenger were air lifted to UK Hospital due to their injuries. This accident occurred at 1:30 a.m. on Williamstown Road. Reports indicate that the vehicle was traveling at an excessive rate of speed and struck a utility pole.
The injured passenger and the family of Mr. Fryman will both have legal claims against the driver of the vehicle. The Fryman family will have a Kentucky Wrongful Death claim whereby they can seek compensation for the loss of Joshua's life. The other passenger in the vehicle will have a Kentucky Personal Injury claim whereby compensation for medical bills, lost wages, out of pocket expenses, and pain & suffering, can be sought.
Due to the severity and tragic nature of this accident, it is important to know each and every insurance policy available to afford coverage, including policies that most would not think to consider, including policies of the victims and policies of persons who lived with the victims. Knowledge of insurance laws help victims and there families obtain the maximum amount of coverage available to compensate them for their losses.
Often it is important to look at where the vehicle involved in the crash was coming from. If alcohol was a contributing factor to an accident, a bar or restaurant may bear some of the fault for the crash. If such is the case, then that business's insurance will also need to be put on notice about the legal claims.
Information about the legal rights of persons injured in Kentucky motor vehicle crashes and the legal rights of families who have lost a loved one in a Kentucky motor vehicle crash, can be found at the Ackerson Law Offices' website. (www.kyfirm.com)
-- Kentucky Injury & Death Attorney Brent T. Ackerson
Reports indicate that an accident in Danville, Kentucky has severely injured three people, one of which was pregnant. This Kentucky Car Accident happened around 6:00 p.m. Sunday at the intersection of US 127 and 2168. Stanetta Doss was driving west on 2168 when her car was struck by a vehicle driving north on US 127. The vehicle that struck Ms. Doss' vehicle had a pregnant passenger in it. All three individuals were taken to Ephraim McDowell Hospital for their injuries.
Ms. Doss and Tamara Berry, the pregnant passenger, both can make Kentucky personal injury claim (here is a link to more explanation about these types of claims) related to this accident for which they were not at fault for. These types of claims legally allow injured auto accident victims the right to recovery their costs for medical treatments, out of pocket expenses, lost wages, and compensation for pain and suffering.
In cases of serious injury, accident victims should have their legal representative contact the insurance companies and reserve all payments of medical expenses until such time that it is determined the extent of the injuries, the extent of the medical treatment needed, and the determination of what income will be lost as result of the accident. By reserving insurance proceeds, such as PIP coverage, that money can be directed to specific providers or used to cover lost wages/income more quickly than through the standard injury legal claims process.
More information about reserving PIP coverage after a motor vehicle accident can be found from the Ackerson Law Offices website. (www.kyfirm.com)
Reports indicate that Bayleigh Smith, age 18, of Bedford, Kentucky was driving a F-150 westbound on Highway 42, with 2 passengers, when she attempted to pass two vehicles in front of her. While Bayleigh was passing the vehicles, another vehicle pulled out in an attempt to pass one of the vehicle's Bayleigh was attempting to pass. This resulted in the second vehicle, driven by Susan Jones, of Milton, Kentucky, hitting the F-150 and forcing it from the roadway. The F-150, after being forced off the road, struck a tree and injured Bayleigh Smith and two passengers in the F-150. All three persons in the F-150 were flown to Louisville hospitals to be treated for their injuries.
Under Kentucky Motor Vehicle Laws, Bayleigh Smith and the two passengers of the vehicle will all have Kentucky Personal Injury Claims (Link to Inury Damages Claims) against Ms. Jones, as a result of this accident. As such, these Kentucky car crash victims will be able to make legal claims to recover their medical bills and be compensated for their injuries, including for their pain & suffering. In cases like this where the injuries are severe enough to require being airlifted to the hospital, its important that the victims quickly take action to enforce their legal rights and preserve/reserve all insurance payments available until they are fully recovered and finished with medical treatment. This will enable them to stretch the insurance coverage dollars to help reduce the medical bills from the accident.
This Kentucky Pedestrian Auto Accident happened Saturday around 4:40 p.m. at the Easy Stop Gas Station in Clay City, Kentucky. The reports indicate that three men, ages 19, 25, and 24, were causing a disturbance at the gas station, and were asked to leave. The 19 year old, Jarrod Fugate, drove a vehicle an accelerated rate of speed leaving the parking lot and struck Tammy Curtis. Upon hitting Ms. Curtis, Fugate changed directions and then struck two other persons, 23 year old Kayla Rivera and 84 year old Virgil "Ben" Barnett. Alcohol is a suspected factor in this incident. The three men in the vehicle were arrested and the driver is facing numerous criminal charges.
Mr. Barnett was treated at the scene of the incident, and Ms. Curtis and Ms. Rivera were both hospitalized with injuries.
Ms. Curtis and Ms. Rivera both have Kentucky Personal Injury claims against the driver of the vehicle and the insurance company that insured the vehicle. Under Kentucky Law, the injured persons have a legal right to seek to be compensated for the medical bills, lost wages, out of pocket expenses, and suffering, related to this hit and attempted run pedestrian auto accident. Further information on legally claimed damages for pedestrian accident victims can be found at the Ackerson law Offices website (Link to Kentucky Legal Damages page).
Johnnie McElroy, age 54, of Glasgow, Kentucky, died Saturday due to injuries sustained in a crash. This tragic accident happened about 2:45 p.m. while Mr. McElroy was driving westbound on Ky 88 in Green County, Kentucky. The cause of the crash is overcorrection by an eastbound pickup. The driver of the eastbound pickup went off the shoulder of the roadway, and then overcorrected, causing his vehicle to cross the center line into traffic. Mr. McElroy died at the scene.
Too often drivers loose attention to the roadway or become distracted. When their vehicles go off the roadway, they panic and turn the driver's wheel sharply in the other direction to correct their pathway and return to the road. Often these drivers overcorrect and force their vehicles into other lanes which can have tragic consequences as scene in this accident. As such, under Kentucky law, these drivers are negligent and responsible for the accident. In cases such as a death, the family of the person killed by the accident can file a Kentucky Wrongful Death legal claim against the responsible driver. This is a formal legal action to recovery various legal damages that relate to the accident, including a claim for the lifetime of lost earning capacity for eth person killed. The various Kentucky Legal Damages that can be claimed will vary based upon the circumstances of the accident and the persons killed.
A Kentucky car accident last Wednesday sent 5 people to the Hospital. Most of the victims had to be airlifted via helicopter. The crash happened Wednesday around 8:00 p.m. when a 2004 Pontiac Grand Prix traveling eastbound on Ky 80 crossed the center line of the roadway and struck a 2006 Honda CRV head-on. The Pontiac was occupied by its driver and 2 passengers, both daughters of the driver. The CRV was occupied by Stanley Woods and Darlene Woods, of London. All five people had t be extracted from their vehicles, and suffered severe injuries.
In serious automobile accidents like this, it's important that the injured persons obtain legal counsel quickly and preserve the evidence from the crash and reserve insurance coverage payments until such time that the full extent of the expenses can be determined. While no one intends for an accident like this to happen, legally persons are still responsible for driving negligence that injures others. As such injured persons need to protect their rights of recovery and compensation for their injuries, medical bills, out of pocket expenses, lost wages, and suffering. These are referred to as Kentucky legal damages (Link to further explanation of legal damages that injured persons are entitled to under the law).
Information about legal rights and compensation under the law for Kentucky auto accident victims can be found by contacting the Ackerson Law Offices (502) 882-5176 for a free consult. Information can also be found at www.kyfirm.com.
This Powell County, Kentucky motor vehicle accident occurred around 4:30 p.m. on Hardwicks Creek Road about a mile south of Clay City. Four vehicles were involved in the crash. The jaws of life were used to rescue some of the victims. Two people were airlifted to UK Hospital with life threatening injuries, and five others were transported by ambulance to the Hospital, with minor to serious injuries.
Reports at the moment are conflicting as to who and what was the cause of this tragic Powell County, Kentucky car crash. Speed has been indicated as a possible factor. A white mustang with three teenagers was caused to be spun into another vehicle upon impact with a truck/trailer. The mixed reports involve whether the mustang crossed the center lines catching a truck/trailer and then spinning out of control or whether the truck/trailer crossed the center lines catching the mustang.
This is a situation where someone was negligent in crossing the center lines, either the driver of the mustang or the driver of the truck. However, there are five other victims to this accident that clearly are not at fault, and whom now have incurred injuries, medical bills, other expenses, possible lost wages, and suffering. As such, Kentucky law will afford these victims legal civil recourse to attempt to recover their expenses and provide compensation for their injuries and suffering. An explanation of the legal damages these accident injury victims can attempt to recover can be found at the following link to the Ackerson Law Offices webpage on accidents and injuries (LINK to Legal damages). Because there are multiple vehicles involved, the insurance coverage for each victim will vary based upon the injuries and facts specific to each victim.
On Saturday, November 9, 2013 a Bath County, Kentucky motor vehicle accident on I-64 ended in two fatalities. This crash happened around the 119 mile marker when a vehicle driven by a 23 year old woman, traveling eastbound, dipped off of the side of the road and then overcorrected into the median. Once in the median, the vehicle began to flip and collided with a pick-up truck driven by James Weaver, which was northbound. Both the young woman and Mr. Weaver were killed in the crash.
Cases like this stress the importance of constantly maintaining control of a vehicle. Even diverting attention from driving momentarily can allow for a vehicle to drift off of the roadway, and often when drivers try to correct their pathway, they overcorrect due to the panic of the situation. This can cause a loss of control of the vehicle. It's tragic for the driver, and tragic for other victims who were in control of their vehicles but couldn't avoid the collision with the out of control vehicle.
In a case like this one reported, the family of James Weaver will be able to establish a legal Estate through the Probate Court in order to be authorized to deal with insurance companies on behalf of the late Mr. Weaver. This representative authority will allow the Weaver Estate to make a claim of a Kentucky Wrongful Death Action against the insurance company the at-fault driver who lost control of her vehicle. Kentucky Wrongful Death Claims allow the families who have lost a loved one due to the negligence of others to seek reimbursement for funeral expenses, out of pocket expenses, lost wages that the deceased would have earned over a lifetime, and if a wife or children were survivors, then a claim for the lost love and affection of the deceased.
Answers to questions about Kentucky Wrongful Death Claims and legal rights related to such can be found at the Ackerson Law Offices Website, www.kyfirm.com.
A three vehicle crash has occurred on U.S. Hwy 60 at Blue Ridge Road, in Livingston County, Kentucky. The crash scene is located near the Livingston Central High School. At least one fatality is reported. Police Accident re-constructionists are working to determine what happened and what the cause of the crash was.
Reports indicate that the crash happened around 5:54 a.m. when a motorist driving west on U.S. 60 and veered into the eastbound lane of traffic, colliding head-on with utility truck driven by Michael W. Wurth, age 52, of Boaz. A third vehicle, unable to avoid the crash scene, struck the vehicle that drifted into the eastbound lane. The third vehicle was driven by Jerrod Jennings, age 27, of Burna. The fatality is listed as the driver of the vehicle that drifted into the eastbound lane, who reportedly died at the scene of the crash.
The legalities of this tragic accident are that, Mr. Wurth may have both a workers compensation claim related to this crash and a possible 3rd party tortfeasor action. Mr. Jennings may have a personal injury claim.
A 16 year old female was walking along Ky 131 near Symsonia Elementary School when she was struck by a vehicle and then struck by a second vehicle. This tragic Kentucky pedestrian auto accident happened Sunday. Initial reports indicate that the teenager was walking along the roadway where there were not sidewalks available to pedestrians, when a vehicle driven by Baleda Johnson, age 49, of Hickory, which was traveling north on Ky 131, attempted to avoid the young girl but hit her as she was walking. Reports further indicate that Ms. Johnson stopped her vehicle to call 911 and render assistance, when the teenage was again struck by another vehicle, driven by Olive Barrett, age 82, of Benton. The teenage has suffered severe injuries and was air lifted to Vanderbilt Medical Center.
Comments linked to initial news reports seem to show that public sympathy is lacking for this young girl who was hit. Here is a link to the Western Kentucky Star news where posts appear with comments that teens are possibly to blame for how they walk along this roadway.
However, the law in Kentucky is that motorists owe a duty to pedestrians to be on the look out for them and drive safely around them. This teenage, who was walking along the roadway, had a legal right to do such. Motorists have a legal duty to be in control of their vehicles and mindful of their surroundings, so as to not cause injuries or accidents to others. Additionally, the fact that there are not any sidewalks in the area where the teenage girl was hit further demonstrates that she was justified in walking along the road. Other factors such as the accident scene being near a school and businesses, coupled with reading the posts linked to the news story that indicate that the area is well known for teens walking along the road, indicate that motorists should have a heightened knowledge of the potential for pedestrians and thus be more cautious.
This tragic Kentucky auto accident occurred Wednesday evening around 9:30 p.m. near the Bluegrass Army Depot, which is just east of Richmond. The two cars collided on Irvine Road, Ky. 52. Reports indicate that rain may have been a factor in this deadly crash. This is the first deadly car accident this year in Richmond.
Kimberly Holt, age 50, died at the scene of the accident and Jane French, age 49, died at UK Hospital. Both victims were residents of Madison County, Kentucky.
At present, it is unknown who will be legally at fault for this accident, and even then with weather as a possible factor, coupled with Kentucky law recognizing comparative fault, the families of these two women may end up in a legal battle over which estate is entitled to civil legal damages from this fatal accident. Under Kentucky law, comparative fault recognizes that more than one party, including all parties, can bear some fault for an accident. As such, the particular facts of each case are examined and a percentage of fault can be assigned to each party involved in the accident. This percentage then factors into the calculation of legal damages a person, or in cases of a fatality, the deceased's estate is entitled to recover under the law. (here is a LINK to further explanation of potential legal damages that arise from accidents)
In cases of a fatality, the estate of the deceased can file a Kentucky Wrongful Death claim and seek monetary compensation for the lost life of their loved one. Comparative fault will usual be a consideration when dealing with fatalities. Other factors such as medical conditions and age will also factor into the legal damages calculations.
More information on the legal rights and legal damages related to Kentucky fatalities can be found at the Ackerson Law Offices website, www.kyfirm.com. The Ackerson Law Offices are based in Louisville, Kentucky and handle matters throughout the Commonwealth of Kentucky.