Kentucky Personal Injury Attorney Blog

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 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.

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, 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" »

Wilma Richardson, age 62, died Tuesday from injuries she sustained after being struck by a car driven by her sister. Richardson, who lived in Fairdale, Kentucky, had been driven to a medical center by her sister. Richardson was dropped off, and was walking behind her sister's car, when her sister, who did not know that she was behind the car, backed out and struck Richardson. Richardson died from the injuries.

When an accident like this happens, it creates very complex legal questions, for the family as a whole. The complexities revolve around how to access the most insurance coverage to help Richardson's family, while recognizing the families grief and the fact that Richardson's sister's automobile policy will likely be a source of recovery of insurance monies related to the damages from this accident.

Michale Amick, age 38, of Louisville, Kentucky was critically injured while walking on the sidewalk across the Clark memorial Bridge. Mr. Amick was traveling his daily walk from his job in Jeffersonville to his home on Chestnut Street in Louisville, Kentucky when he was struck by a bicyclist and knock into oncoming traffic, where he suffered critical injuries from being struck by a car. The bicyclist was riding the bike on the sidewalk, which is illegal. Bicyclists are to ride their bikes on the road and follow the same traffic laws as motorists.

Mr. Amick has undergone surgery at University of Louisville Hospital, after he suffered head and abdominal trauma from this pedestrian injury. Mr. Amick's injuries, medical attention and bills, and his lost wages from missing work related to this tragic accident, are all damages that he can recovery from the at fault party in this accident, that being the bicyclist.

Continue reading "Michael Amick Critically Injured While Walking On Sidewalk Due To Bicyclist On The Sidewalk" »

A female pedestrian was walking at the intersection of National Turn Pike and the Outer Loop when she was hit by a car driven by Heidi Diaz, age 32. The female pedestrian who was walking was taken to University of Louisville Hospital in critical condition. The driver of the car that hit the walker was charged with DUI.

When pedestrians are hit by cars, the accidents are treated much like car on car auto accidents. In pedestrian accidents, because the injuries can be so severe, it is important to consider all possible insurance coverage issues to be sure that the injured person will be able to fully recover the from their injuries, be afforded compensation for their medical bills, and be able to seek legal justice for their pain and suffering.

Continue reading "Louisville, Kentucky Female Pedestrian Struck By DUI Driver on Monday" »

Louisville Metro Police are reporting that they have charged Katherine Schrewsbury with DUI, wanton endangerment and operating a motor vehicle without insurance. The charges stem from Ms. Schrewsbury driving intoxicated and hitting a jogger. The jogger was reported to have been pinned under the car and taken to University of Louisville Hospital to be treated for injuries for the accident.

This is a clear case of legal liability on the drunk driver. In such cases, the injured party can seek legal recovery of their medical expenses, lost wages, pain & suffering, and punitive damages to punish the drunk driver. However, because the drunk driver in this case has been charged with failure to have insurance, the case becomes more complicated in regards to the injured party's ability to be compensated for the incident and injuries.

In cases like this, where insurance is questionable for the at-fault party, the Ackerson Law Offices use their experience with insurance companies to look for additional sources of recovery, including the insurance policies of the injured. The goal being to get the injured person the legal justice and compensation they need and deserve from such tragic accidents. The damages from a DUI related accident like this can be substantial, and its important to leave no stone unturned in looking for financial recovery for the victims.

Richard Hammond, age 44, was killed Sunday while walking along Dixie Highway. His death came after he was struck by an automobile around 9:00 p.m. while he was a pedestrian. This pedestrian auto accident occurred on the 12000 block of Dixie Highway. The Police have not charged the driver of the vehicle that struck Richard Hammond with any criminal charges. Until such time as the Police finish their investigation, it is only right, in consideration of both families involved in this tragedy, to presume that this was a tragedy related to negligence rather than intention or grossly reckless conduct.

Even if criminal charges are not filed and there is not grossly reckless conduct found, the family of Richard Hammond and his Estate will have a Kentucky wrongful death claim against the driver of the vehicle that struck him. Mr. Hammond had the legal right to be walking along Dixie Highway, and motorists have a duty to be mindful of pedestrians. At this point it becomes an examination of who did what leading up to the accident, and thus who bears what percentage of fault for this accident.

Continue reading "Pedestrian Wrongful Death Claim: Richard Hammond Killed While Walking On Dixie Highway" »

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.

Continue reading "Clark County, Kentucky Child Hit By Truck & Killed " »

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.

Kentucky auto injury attorney Brent T. Ackerson and the Ackerson Law Offices have settled a client's case for $1.15 Million Dollars. This case involved our client being hit by a car while placing warning reflective triangles in the expressway emergency lane, after his truck had broken down. Our client was struck and seriously injured after a young driver allowed his car to venture into the emergency lane.

"The insurance company had been fighting us tooth & nail for sometime now. We were very pleased with this settlement. It will go a long way towards taking care of our client and his family." - Brent Ackerson

Continue reading "Ackerson Law Office Settles $1.15 Million Dollar Kentucky Pedestrian/Auto Case" »

A Louisville, Kentucky woman, Christy Purtilar, who resides on Blue Lick Road, has pled not guilty to charges of leaving the scene of an accident, failing to render aid or assistance, operating a motor vehicle without insurance, and operating a motor vehicle on a suspended license, after the car she was driving hit and injured a 7 year old child. The accident happened on Wheeler Avenue around 7:12 p.m. The child was transported with injures to Kosair Children's Hospital in Louisville, Kentucky.

In cases like this where the negligent driver does not have insurance, there are still numerous source of recovery for the injured party and there family to examine when seeking to be compensated for the medical bills and pain & suffering from accidents where children or pedestrians are injured by negligent drivers without insurance.

Continue reading "Kentucky Woman Hits Child With Her Car & Then Flees the Scene Of The Accident" »

A 76 year old woman, Norma McAuliffe, was killed this week while walking down the sidewalk. The accident occurred in the middle of the day as the victim walked down Hikes lane near Breckenridge Lane. The woman was on the sidewalk when a Saturn vehicle lost control, struck other cars and then went up onto the sidewalk, killing McAuliffe. Otherthan the pedestrian's death, no one else was seriously injured in this vehicle accident.

This is a clear case of fault being on the motor vehicle. The pedestrian was doing what she was supposed to, and the Estate of the killed woman will have a wrongful death claim in this case. The wrongful death claim damages that can be sought will depend on numerous factors specific to the victim.

Continue reading "Kentucky Woman Run Over & Killed By Car While Walking On Sidewalk" »