Recently in Crosswalk Accidents Category

Pike County, Kentucky Pedestrian Hit & Killed By SUV Wednesday Night

April 10, 2014

This tragic Kentucky Pedestrian Accident happened Wednesday night around 8:30 p.m. on Ky 80, near Elkhorn City, in Pike County, Kentucky. Samantha Bennett, age 21, was walking along Ky 80 when she was struck by an SUV driven along the roadway. Ms. Bennett died from the injuries she sustained in the accident.

Under Kentucky law, motorists owe a duty to be mindful of their surroundings and avoid collisions with others, including pedestrians along the roadways. As such, until all the facts are discovered about this accident and the cause of such, it must be presumed that the driver of the vehicle was negligent in some manner and at-fault to some degree in relation to this tragic fatal accident. The family of Samantha Bennett, based upon the facts and legalities of this accident may have a Kentucky Wrongful Death case against the driver of the SUV who hit her.

As with most pedestrian accidents, the drivers of the vehicles involved, their legal defense teams, and insurance companies, attempt to seek out reasons to put fault upon the pedestrian. As such these types of legal claims become complicated by legal factual discovery and arguments of who did what, who should have done what, and what extraordinary facts contributed to the cause of the accident. These legal arguments and battles are due to Kentucky negligence law being a comparative fault analysis.

Comparative fault, under our laws, allows for percentages of fault to be assigned to different persons involved in an accident, and thus can legally reduce the legal compensatory damages that an injured party or the family of a deceased victim can recover under the law.

More information about Kentucky comparative fault laws and the legal rights of accident victims can be found from the Ackerson Law Offices' website, www.kyfirm.com.

Rowan County High School Student Hit While Using Crosswalk

April 9, 2014

Monday morning a Rowan County, Kentucky high school student was dropped off at school by her parents. Upon exiting the vehicle, the student properly used the crosswalk to cross the road when an elderly driver hit the student. The 15 year old was thrown over the vehicle and landed approximately 25 feet from the point of impact. She suffered a head injury and was taken to the hospital for treatment.

This is a clear case of negligence on the driver of the vehicle that struck the young girl. Her parents, on her behalf, will have a Kentucky pedestrian accident legal claim against the driver of the vehicle that hit their daughter. Under such a claim they have a legal right to damages which include medical bill reimbursement, both past and future bills related to the accident, and the girl will be entitled to monetary compensation for pain & suffering related to this accident.

Information about pedestrian and crosswalk accidents can be found at the Ackerson Law Offices' website. (www.kyfirm.com).

Clay City, Powell County, Kentucky 3 Pedestrians Hurts By Teen Driver

December 3, 2013

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).

Continue reading "Clay City, Powell County, Kentucky 3 Pedestrians Hurts By Teen Driver" »

Linda Wilhoite, Killed By Hit & Run Drive While Walking

November 14, 2013

Linda Wilhoite, age 50, was walking in Nicholasville, Kentucky when she was struck by a hit and run driver. This fatal Kentucky Pedestrian Accident happened at Southview Drive and Edgewood Drive in Nicholasville, Kentucky. The driver who fled the scene is suspected of traveling west on Edgewood Drive after hitting Ms. Wilhoite. Anyone with information about this accident or the person responsible for hitting this woman should contact the Nicholasville Police Department at (859) 885-9468.

When pedestrians suffer from hit and run accidents involving motor vehicles, there are still possible insurance protections afforded them to help them or their families with the costs involved in these types of accidents. This financial protection and coverage, which can help with funeral bills and other expenses, is also potentially available in cases involving a death of the pedestrian. Coverage issues are determined by the facts of a particular case and the potential policies.

Information and answers to insurance coverage for victims of pedestrian accidents, including fatalities, can be sought from the Ackerson Law Offices website, www.kyfirm.com, or from Attorney Brent T. Ackerson, (502) 882-5176.

Louisville Kentucky Pedestrian Killed Crossing Westport Road

October 10, 2013

A woman in her 30s was killed while crossing Westport Road at Langdon Drive. This pedestrian accident happened around 9:00 p.m. in not well lighted area of the roadway and the pedestrian was reported to be wearing dark clothing. She was struck by a red jeep as she crossed the roadway.

Pedestrian injuries and deaths can be difficult cases under Kentucky Law, and when examining legal fault for these types of accidents the factors of the road, lighting, and other matters must be thoroughly examined to determine what happened and whether such tragedies could be avoided.

More information about Pedestrian rights and accidents related to persons walking can be found at the Ackerson Law Offices website www.kyfirm.com or by using this link (LINK).

Pedestrian Hit By Car On Murray State Campus

September 19, 2013

Jamie Delany, of Tennessee, age 18, was a pedestrian when he was hit just before noon Monday on Murray State Campus while crossing Chestnut Street. The driver of the vehicle that struck him was Alicia Woods, age 28. Auto accidents that involve pedestrians can be complicated when it comes to insurance coverage afforded to the victims. Because many times injuries that involve pedestrians being hit by motor vehicles can severe, pedestrians need to be aware of their right under various insurance policies and utilize those rights to the fullest to afford the maximum amount of protection and coverage.

Information on the rights of Kentucky Pedestrian and Crosswalk injuries can be found at the following Ackerson Law Offices website links. (Injury Damages) ( Pedestrian/Crosswalk Cases).

Pedestrian Loretta Wallace Killed While Walking

July 12, 2013

Loretta Wallace, age 22, of Georgetown, Kentucky was killed Thursday morning while walking along West Main Street in Georgetown, Kentucky. This tragic Kentucky pedestrian accident occurred around 4:20 a.m. along a poorly lit portion of the roadway where there are no sidewalks. Ms. Wallace was walking the same direction as the motor vehicle that struck her was traveling.

Driver in Kentucky share the roadway with pedestrians and owe a duty under Kentucky law to be mindful of pedestrians, even in areas of the roadway where there are not sidewalks or lighting is poor. As such, the families of people killed while walking along roadways have legal rights under Kentucky Law to pursue Kentucky Wrongful Death Claims when their loved ones are killed in pedestrian accidents involving motor vehicles.

Kentucky Wrongful Death Claims are civil legal actions whereby an Estate representing the deceased is established through the District Probate Court to represent the person killed, and seek civil legal damages, which under Kentucky law amount to monetary compensation for the accident and the results from it. These Kentucky civil legal damages can include medical bills incurred, if any, potential pain and suffering claims, depending upon the time from the accident until the time of death, funeral expenses, and lost earning potential of the decedent. Additional if the person killed was married and/or had children, the spouses and children will have loss of consortium civil legal claims separate from the legal claims of the Estate.

Continue reading "Pedestrian Loretta Wallace Killed While Walking " »

Ann Duncan Killed While Walking & Hit By Car In Boyle County, Kentucky

July 2, 2013

Ann Duncan, age 33, of Waterford Township, Michigan was struck and killed by a motor vehicle while walking on Gose Pike, in Boyle County, Kentucky. This hit and run accident involving a pedestrian is being investigated by Danville, Kentucky Police. Mrs. Duncan is survived by a husband and two children.

The Duncan family can punish the driver of the car that hit Mrs. Duncan by both having criminal charges pursued, and filing a civil Kentucky Wrongful Death Claim.

Pedestrian Hit In Lexington By Car At Intersection Of Nicholasville Road & Malabu Drive

July 1, 2013

Lexington, Kentucky Police have reported that a person was hit crossing the road at the intersection of Nicholasville Road & Malabu Drive. Reports indicate the pedestrian was in the crosswalk when the accident happened. The walker was taken to the hospital with severe injuries. As a pedestrian, drivers owe a duty of extra care and precaution to not injure walkers. When pedestrians are hit by motor vehicles, they can seek to be legally compensated for their injuries and financial losses.

Even when a walker/pedestrian is hit crossing the road while not in the designated crosswalk area, they may still be able to seek legal compensation for their injuries. Every accident involving a pedestrian requires a full examination of the facts and circumstances surrounding it in order to determine who is legally at fault and for what percentage of the accident. Insurance companies immediately begin their investigations and preservation of their evidence related to pedestrian accidents the moment that they learn of such. It is important that injured victims also get prompt protection of their legal rights and legal advice related to their situation.

The Ackerson law Offices (www.kyfirm.com), headquartered in Louisville, Kentucky, are experienced in protecting the legal rights of pedestrians hit by motor vehicles and maximizing compensation to our clients/victims.

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).

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

May 28, 2013

View of East Union Road.JPG
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).

Louisville, Kentucky: Charles James Killed Crossing Taylorsville Road At Lowe Road Intersection

March 22, 2013

3-22-13 2.jpg3-22-13 1.jpg

Charles James, age 44, was a pedestrian crossing Taylorsville Road at the Lowe Road intersection, when he was struck by an SUV. The accident happened at 6:45 a.m. on Thursday. Mr. James was taken to U of L Hospital when he died from his injuries. Mr. James lived on the 200 block of York Street, in Louisville.

Crosswalk and pedestrian auto accidents can be complex legal matters for injured pedestrians, due to claims of the drivers that hit pedestrians that the walker was in a spot that they should not have been. This law firm has experience helping families defend the legal rights of pedestrians, even when the pedestrian is crossing in a spot or time that they should not have been. Under Kentucky law drivers owe a duty to pedestrians, and that duty includes being mindful of pedestrians. In these types of cases, it is important to due a thorough investigation of all the facts surrounding the accident, including a potential immediate accident re-constructionist of the scene.

In cases where a person dies from an accident, including pedestrian accidents, the family of the deceased can seek Kentucky legal justice and compensation for the lost life through a Kentucky Wrongful Death Claim. In these types of claims, the family and the Estate of the deceased can seek medical bills, pain and suffering compensation, and a lifetime of lost earning potential, on behalf of the deceased. This legal compensation will then be paid the heirs of the deceased pursuant to Kentucky Statute, KRS 411.130. Even in cases where the deceased pedestrian bears some fault for the accident, a legal recovery for the heirs can still be made.

Continue reading "Louisville, Kentucky: Charles James Killed Crossing Taylorsville Road At Lowe Road Intersection " »

Louis Carlisle Killed Crossing Dixie Highway

February 19, 2013

Louis H. Carlisle, age 53, was killed in a pedestrian auto accident on Monday. The accident happened around 7:30 p.m. It is reported that Mr. Carlisle was walking across the road outside a designated crosswalk. This however does not means the accident is totally his fault. All factors must be considered and a thorough accident re-construction should be performed to determine what factors came into play in the death of Mr. Carlisle. The Carlisle family may have legal rights related to this accident and the death of Mr. Carlisle.

Under Kentucky Law, legally this state recognizes apportionment of fault, and therefore, unless a person is 100% at fault for an accident, they or their family can still legally recovery for the % of fault that was not theirs, which relates to the injuries or death. In cases such as this one, apportionment legal issues can be complex, but are not a total bar for the family of a person killed, who are seeking legal justice and accountability.

Rowan County Student Hit By Car While Boarding Bus

February 19, 2013

The accident happened around 7:10 a.m. while a student was trying to board a school bus. Reports indicate that Scottie Ingle, age 30, was driving his vehicle southbound on KY-519 when he tried to pass a school bus and struck a student who was attempting to board the bus. The child was airlifted to University of Kentucky Hospital to be treated for his injuries.

The parents of this child have civil legal recourse under Kentucky law for the injuries their child has suffered. A parent, on behalf of their child, can seek to legally recovery any medical bills related to this accident (which will likely be substantial considering that the child had to be airlifted to the hospital), pain and suffering damages/compensation for the child, and compensation for any future medical bills or permanent impairment the child may suffer. Additionally, the parents also may have legal compensation owed them as relates to their child's injuries and accident.

Continue reading "Rowan County Student Hit By Car While Boarding Bus" »

George Tunstall III of Louisville, KY Killed Crossing Bardstown Road

January 14, 2013

George Tunstall III, age 67, was killed while crossing Bardstown Road in Louisville, Kentucky. Tunstall was a pedestrian and trying to walk across Bardstown Road, just south of Fegenbush Lane when he was struck a vehicle traveling northbound. The accident happened at 6:30 p.m. last Friday. Tunstall was taken from the scene of the accident to University of Louisville Hospital where he died at 8:15 p.m. Tunstall lived in the Highlands. Initial reports state that Tunstall was not crossing the road at a crosswalk.

Even though reports indicate that Tunstall was not crossing at a designated crosswalk, his family and Estate should retain legal counsel to look into what happened at this accident and what factors may have contributed to it. To the common person, it would appear initially that this accident was Mr. Tunstall's fault. However, Kentucky is a comparative fault state, which means that even if a person were 99% at fault for an accident, they can still recover legal damages for the 1% that was not their fault. The percentages can very up to 100%.

Our firm has represented persons and gotten legal financial recoveries for injuries and deaths related to people crossing roadways outside of crosswalks and/or designated crossing areas. In cases involving pedestrian accidents, it is important to look at why the victim was crossing where he/she was and what was the driver was doing at the time of the accident. Where the victim was coming from and going to is also an important factor. In any accident or death case, it's important to immediately have legal counsel gather and preserve the evidence related to the case. Cases involving deaths are referred to as Wrongful Death Claims.

Continue reading "George Tunstall III of Louisville, KY Killed Crossing Bardstown Road" »