Kentucky Personal Injury Attorney Blog

A fatal Kentucky motorcycle accident has tragically taken the life of a 19 year old. Jacob Ebenstein was riding his motorcycle when William Wesley, age 40, pulled out in front of Mr. Ebenstein's motorcycle, causing a collision and throwing Mr. Ebenstein from his motorcycle. The motorcycle/car crash occurred at the intersection of KY 635 and Smith Vault Road, which is about 10 miles north of Somerset. Jacob Ebenstein was airlifted to UK Hospital where he later died from his injuries. Mr. Wesley was arrested and charged with a DUI.

Jacob's family has legal recourse to take against Mr. Wesley, in addition to the criminal charges. Under Kentucky Law, the Ebenstein family can establish an Estate and pursue a Kentucky Wrongful Death civil legal action against Mr. Wesley. In such cases like this, the suit can seek damages that include claims for the funeral expenses, medical bills related to airlifting and treating Jacob, pain & suffering of Jacob related to the accident, and the lifetime lost wages/earning capacity of Jacob. The lost earning capacity claim will be substantial, as Jacob was only 19 at the time of this fatal accident.

"While Mr. Wesley has only initially been charged with a DUI, he will also face a number of felony charges related to this tragic event, potentially including manslaughter charges. Additional felony charges are usually added on around the time of the arrangement. I handle DUI related accidents and death civil cases for victims and their families, and I expect that Mr. Wesley will face harsh criminal charges. Justice demands it" -Wrongful Death Attorney Brent T. Ackerson.

Continue reading "Jacob Ebenstein Killed By Drunk Driver" »

Lanny Josey and Patsy Deforrest were seriously injured after Josey's motor cycle hits a car head-on. Deforrest was a passenger on Josey's motorcycle. Reports indicate that Josey may have been intoxicated, having a .15 blood alcohol level. Persons injured in accidents due to teh fault of others may have legal claims for their suffering and damages. As such, Deforrest will be able to have legal claims related to this accident.

The accident happened at a railroad overpass near 1800 Wimberg Avenue in Vanderburgh Co., Indiana.

Robert Andrus, age 77, of Benton, was killed Sunday, in a Kentucky motorcycle accident. Andrus was traveling northbound on US 641 in Calloway County, Kentucky, approaching the intersection of Wood Drive, when his motorcycle collided with a vehicle crossing both northbound lanes of US 641. Andrus was taken to Murray-Calloway County Hospital where he died of his injuries. KSP are conducting an accident reconstruction to determine exactly what happened in this fatal crash.

Andrus' family may have legal claims related to this accident, and may be able to recovery legal damages related to this fatal accident. Such legal claims are referred to as Kentucky Wrongful Death Claims. In matters such as this, the case, the damages calculation, and the apportionment of fault/liability can be complicated.

Aleksandar Dejanovic of Louisville, Kentucky was injured in a motorcycle crash. Mr. Dejanovic was riding his motorcycle when he was hit by a drunk driver. The crash threw Mr. Dejanovic from his motorcycle onto the drunken driver's windshield. Even though Mr. Dejanovic was wearing his helmet, he still suffered severe injuries, including a skull fracture.

The drunken driver has been charged with a multitude of criminal charges, including DUI.

This is a case where Mr. Dejanovic can seek legal recourse for his injuries, his medical bills, his pain & suffering, and his lost wages (that are due to his missing work because of his injuries).

Continue reading "Louisville, Kentucky Man Injured In Motorcycle Crash" »

James Duffy, age 61, and Karen Marinko, age 57, were riding a motorcycle on Mulberry Street in E-Town, Kentucky when the motorcycle they were riding was involved in an auto collision. Duffy was the driver of the motorcycle and Marinko was a passenger of Duffy's. Based upon reports, it appears that the motorcycle was traveling westbound on Mulberry when a Mercury Grand Marquis, driven by Daniel Cook, age 68, was traveling eastbound on Mulberry. Cook attempted to turn left into a Denny's Restaurant parking lot and Duffy's motorcycle then struck the right rear of Cook's car. Based upon the facts surrounding the crash, Cook failed to yield the right-of-way to Duffy's motorcycle, and attempted to make a quick turn into the parking lot. As a result of Cook's failure to wait for a clear passage to turn, Duffy's motorcycle struck the rear side of Cook's car, which threw Duffy and Marinko from the motorcycle. Cook was not injured in the accident, but Duffy and Marinko were airlifted to UL Hospital, where Duffy died and Marinko is in critical condition.

Based upon the reports of the accident, Duffy's Estate and family will have a Kentucky wrongful death claim against Cook and his insurance company for damages that relate to the loss of Duffy's life. Additionally, Karen Marinko will have Kentucky personal injury claims against Cook and his insurance company for her injuries and legal damages related to the accident. This was a tragic accident that could have been avoided by driver awareness and patients.

Continue reading "Elizabethtown, Kentucky Motorcycle Accident Kills Man & Injures Female Passenger" »

Ronald Forland, age 38, was killed when his motorcycle was struck by a vehicle driven by a 72 year old man, Doyle Morgan. Morgan is reported to have run the red light, hitting Forland's motorcycle and the two other vehicles. A passenger on Forland's motorcycle, Eugenia Forland, age 37, was seriously injured and flown to UK Hospital. The Forland's, in this time of grief, will need an experienced motorcycle and wrongful death attorney to assist in handling the legal claims that will come from this accident. This case will involve a Kentucky wrongful death claim and a Kentucky personal injury suit. The damages from this accident will be large, and someone experienced with available insurance proceeds will be needed to deal with this accident.

Alden Napier, and his female passenger, where riding a motorcycle in London, Kentucky when another vehicle pulled into a store in front of the motorcycle. An auto accident ensued which killed Alden and sent this passenger to UK Hospital with serious injuries. Mr. Napier's family and Estate may have a Kentucky wrongful death claim from this accident, and his passenger will have personal injury legal claims to recover her damages. This is a tragic occurrence that will require legal action to recover the damages that have been incurred.

Christopher Frey, age 31, was killed Wednesday while riding his motorcycle. Frey died of multiple blunt force injuries after his motorcycle hit the side of a bus that was turning left onto Fourth Street. Mr. Frey's family and his Estate may have a Kentucky wrongful death claim related to this accident and the death from such. In cases involving wrongful death claims, an Estate has to be established to seek the damages from the accident the death.

Cecil Johnson of Lancaster, Kentucky, age 61, died late Saturday after his motorcycle left the roadway, struck a ditch and flipped several times. The Kentucky motorcycle accident occurred on Moran Mill Road in Madison County, Kentucky. Alcohol is a suspected factor. This was reported as a single vehicle accident.

Anytime a person is injured or killed in motor vehicle accident, the family of the person killed should have the accident thoroughly investigated. The investigation in cases of single vehicle alcohol related accidents involve where was the person travel from and to. Where had the deceased been drinking. In Kentucky, motorcycle and car accidents that involve alcohol can lead to "dram shop" liability. "Dram Shop" laws are aimed at punishing bars and restaurants that over serve alcohol to persons that then injure themselves or others. Mr. Johnson's family should investigate the level of alcohol in Cecil Johnson's body at the time of death, and if such was excessive, then investigate where he'd been drinking.

Wrongful death claims in Kentucky can be brought by the families of persons over served by bars and restaurants.

Continue reading "Lancaster, Kentucky Man Was Killed While Riding His Motorcycle" »

Kentucky motorcycle crash: A motorcycle and car accident in Oldham County, Kentucky has resulted in the death of Robert Tooley, Jr., age 42. Mr. Tooley was riding a Suzuki motorcycle shortly after 10:00 p.m. when the accident occurred at the intersection of Ky 146 and Floydsburg Road. Mr. Tooley has been reported to have been wearing all necessary safety gear, including a helmet. The Nissan Maxima that that collided with Mr. Tooley's motorcycle was driven by Laura Lindsey, age 18, of Crestwood, Kentucky. Ms. Lindsey was not injured. The accident is still under investigation. Mr. Tooley's family and his Estate should seek to preserve as much evidence from this accident scene as possible, as they may be able to make a Kentucky wrongful death claim related to this accident.

Continue reading "Oldham County, Kentucky Motorcycle Accident Kills Robert Tooley Of Louisville " »

A car and a motorcycle collided last Saturday in Louisville, Kentucky, killing the motorcyclist David Woosley, of Louisville, KY. Woosley's motorcycle was struck by a Saturn on the Watterson Expressway between the Dixie Highway and Cane Run Road exits. The driver of the Saturn, the passenger of Woosley's motorcycle, and Woosley, were all taken to University Hospital, where Woosley died. Kentucky Motorcycle accidents usually result in serious injuries.

The wreck is still under investigation, and could result in multiple different legal claims, including personal injury claims or a wrongful death claim by Woosley's family and Estate. Due to the serious nature of this crash, and a death, it is very important for all those potential claims to be handled by experienced legal teams to prepare the cases for presentation and determination as to fault in this accident.

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Robert Destefano, age 56 of Lexington, Kentucky, was tragically killed while riding his motorcycle. This fatal motorcycle crash occurred in Clark County, Kentucky on U.S. 60 between Winchester and Lexington, after a car failed to yield the right-a-way. The car that struck Mr. Destefano's motorcycle was attempting to turn left across traffic into the Sky-Vue drive-in theater when it crossed the path of and collided with the motorcycle. The Destefano family and his Estate will be able to make a wrongful death claim from this accident, and seek to recovery damages from the accident and loss of life.

Continue reading "Winchester, Kentucky Fatal Motorcycle Accident" »

Former University of Kentucky Football player T.C. Drake has been injured in a motorcycle accident that occurred around 9:00 p.m. near Bardstown, Kentucky. The accident happened when the driver of the other vehicle, Jennifer Reed, failed to yield the right-a-way and pulled in front of the motorcycle. Drake's motorcycle struck the side of Reed's vehicle and Drake was thrown from his bike. He has suffered serious injuries and was taken to University of Louisville Hospital for medical treatment. Reed has been charged with a DUI.

A motorcyclist was killed this week in Louisville, Kentucky in hospital curve on I-65. This was a single vehicle accident whereby the motorcycle lost control in the fast lane during the curve. He struck the median wall and was thrown over the wall into the oncoming traffic lanes, where he was killed. The road conditions were wet and the motorcyclist was wearing his helmet. In cases like this, we hope that the motorcyclist had Kentucky No Fault Insurance (PIP) coverage. While PIP coverage is required on all cars and trucks, it is not mandatory on motorcycles. In cases like this where a person is killed and in other cases injured, while riding a motorcycle, PIP is sometimes the only insurance coverage available to help compensate for damages, including lost wages and medical bills. In this case where the rider died, PIP would have afforded his family compensation for his funeral or lost wages.

Continue reading "Louisville Kentucky Motorcyclist Killed, Lets Hope He Had PIP Coverage." »

The Victim, age 56, of Louisville, Kentucky died Monday night due to injuries he sustained after his car broke down on the expressway, and he was attempting to flag down help. The Victim was stuck by another vehicle on the ramp from Phillips Lane and Louisville Airport. While no charges have been pressed against the other driver, fault in this case is still undetermined. The Victim leaves behind a wife and children. Vandeveer's family has suffered a huge lose, for which the Kentucky Courts will allow an avenue for recovery.

The Victim's family will need to setup an Estate through Probate, which will empower them to handle wrapping up his affairs and transferring his assets to his wife and children. Additionally, the Estate will be in a position to seek recovery of medical bills, funeral bills, loss of consortium claims, and a claim for a lifetime of lost wages/earning potential from both the other driver & the other driver's insurance company and from the Victim's own insurance company. This type of action is known as a wrongful death claim. While the legal system cannot bring the Victim back or lessen the pain his family is experiencing, it can provide a recovery financially for the family so they can be assisted in moving their lives forward and provide the money that they have lost as a result of this tragedy and the money that the Victim would have earned for the family over his lifetime.

Fault isn't an issue at this time, and unless a person is 100% at fault, Kentucky law allows for a recovery of damages on a percentage basis. This is known as comparative fault under Kentucky Law. For example, under comparative fault and Kentucky law, a person injured or killed could bear 80% fault for an accident and the other party only bear 20%, and the party injured or killed who bore 80% fault could seek recovery of the 20% from the other party and their insurance company. Under such a theory, if the damages were calculated at $500,000.00 from an accident where a person was injured or killed, the recovery allowed under such an 80/20 split of fault would allow the injured or killed party to recovery $100,000.00.

Continue reading "Kentucky Pedestrian Killed While On Expressway After Car Breaks Down" »