Recently in Wrongful Death Category

Update: Russell County Kentucky Car Crash

April 21, 2014

In the two vehicle crash Thursday Morning, as reported (previous report), in Russell County, Kentucky, involved five people. The two people killed in the crash were identified as Bacilio Salamanca and Jose Otanendi. Two others were also seriously injured and are in critical condition at UK Hospital. They are Jose Hernandez and Angel Solis.

Posted by the Ackerson Law Offices (www.kyfirm.com).

Teenage Driver, Elissa Greenwell, Killed In Louisville Auto Accident

April 21, 2014

A driver driving in the wrong lane died from injuries he sustained in a crash of the Greenbelt Highway in Louisville, Kentucky. Tragically he also caused the death of a 17 year old teenage girl, with who he crashed his vehicle into. Ellissa Greenwell was driving a SUV in the proper lane of traffic when she was hit by the male driver. Ms. Greenwell was taken from the scene of the crash to the hospital where she later died. Alcohol is believed to be a factor in this crash.

This tragic drunk driving accident should not go unpunished. Even though the at-fault driver was killed in the accident, and thus no criminal charges will be levied, the family of the deceased can seek to use the civil justice system to file a civil Wrongful Death Suit against the driver of the vehicle's estate, the insurance companies involved, and use the case to seek to determine if the drunk driver had been over-served at a business prior to the accident. If over-service of alcohol was a factor, then the business which did such can be sued under Kentucky Dram Shop laws and penalized for putting profits over safety, which resulted in the loss of life.

Russell County, Kentucky Car Crash Kills Two Thursday Morning

April 17, 2014

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A tragic auto accident occurred Thursday morning around 6:30 a.m. in Russell County, Kentucky. This was a two vehicle accident that occurred on Highway 80 near Russell Springs. The drivers of both vehicles died from the injuries sustained from the crash. Accident re-constructionists are on the scene trying to determine the cause of the wreck and what happened.

Once fault is determined, the family of the not-at-fault driver will be able to levy a Kentucky Wrongful Death Claim against the at-fault driver's estate and the insurance company which insured the at-fault vehicle. In serious auto accidents it's important to take legal action quickly in order to preserve evidence related to the crash, including subpoenaing the cell phone records of the at-fault driver to determine if usage of texting or phone calls were a cause in the accident. To subpoena records, a formal lawsuit must be filed to empower such a subpoena to be issued. Most cell phone companies only retain cell phone and text records for a very brief time. As such time is a factor in filing litigation quickly in order to obtain such records before they get deleted/destroyed.

It is illegal in Kentucky to text and drive. If a driver involved in an accident is found to have been texting at the time of the accident, then that driver would be legally per se negligent in causing the accident, and such a legal finding substantially helps the victims or their families pursue civil justice.

The Ackerson Law Offices (www.kyfirm.com) help victims and their families with the legalities involved in pursuing legal claims against at-fault drivers who cause Kentucky auto accidents.

Five Year Old Killed In Graves County, Kentucky Head-On Car Crash

April 11, 2014

A two vehicle Kentucky motor vehicle accident Thursday night has injured two adults and caused the death of a 5 year old. The car crash happened around 7:00 p.m. in Mayfield on North Sutton Lane. This accident was a head-on collision. Corinne Nichy, age 24, was the driver of one of the vehicles. The other vehicle was driven by April Faulkner, age 34. Jalyn Clark, age 5, was a passenger in Ms. Faulkner's vehicle. All parties were taken to Jackson Purchase Medical Center. The 5 year old was then transferred to Vanderbilt University Medical Center. Tragically, Jalyn Clark died from the injuries sustained in the crash.

Information about protecting the legal rights of accident victims and the legal rights of families who have lost a loved one in a Kentucky motor vehicle accident can be sought from the Ackerson Law Offices (click here to go to Attorney Ackerson's website, www.kyfirm.com). Information about Kentucky Personal Injury Claims and Kentucky Wrongful Death Claims can be found from that website.

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.

Late Night Warren County, Kentucky Crash Kills Two And Injures One

April 9, 2014

Around 3:00 a.m. Saturday two vehicles in warren County, Kentucky collided at the intersection of Porter Pike Road and Petty Road. One vehicle driven by, Linda Cowles, was traveling on Porter Pike Road when another vehicle driven by Jonathan Elmore attempted to cross Porter Pike Road, traveling on Petty Road. This resulted in the collision. The accident resulted in serious injury to Ms. Cowles and the death of Mr. Elmore and his passenger Craig Armstrong. As such the factors that lead to this accident will determine who is at-fault for the crash that has created a potential Kentucky Personal Injury Claim and two potential Kentucky Wrongful Death Claims.

Information about Kentucky Personal Injury Claims, Kentucky Wrongful Death Claims, and the civil legal damages that can stem from these types of accidents can be found at the Ackerson Law Offices' website at www.kyfirm.com.

Pike County, Kentucky Crash Injures Three And Causes The Death Of Another

April 9, 2014

This auto accident happened Thursday in Pike County, Kentucky on U.S. 460. The driver of a vehicle traveling westbound on U.S. 460 crossed the center line of traffic to avoid a stopped vehicle in that lane of traffic. In doing so that vehicle struck a vehicle traveling eastbound, driven by Debra Fouts of Virgie, Kentucky. The accident caused serious injury to Ms. Fouts and two passengers in her vehicle. One of the passengers, Kyla Fouts, was airlifted to the hospital due to the severity of her injuries. Tragically, Kyla Fouts, died Friday morning at Johnson City Medical Center due to the injuries from the crash.

This Kentucky auto accident has legally given rise to both Kentucky Personal Injury Claims and a Kentucky Wrongful Death Claim. The two survivors from the Fouts vehicle will have civil legal claims for damages from the accident, and the Fouts family will be able to legally bring a Wrongful Death claim related to the loss of Kyla's life.

The driver who crossed the center line was also injured, and depending upon the circumstance may have legal claims against the stopped vehicle in the roadway. The Fouts family's legal claims will be primarily against the driver who crossed the center line. Based upon the severity of the injuries and the death involved in this accident, adequate insurance coverage will be a legal issue to contend with. As such, in severe accidents, knowledge of insurance laws and coverage available is important, including the possibility of utilizing under insured and/or uninsured motorist coverage.

Information about the legal rights of victims of Kentucky auto accidents can be found at the Ackerson Law Offices website (www.kyfirm.com) and from Kentucky attorney Brent T. Ackerson.

Two Christian County Kentucky Teens Killed In Anderson County Crash

March 24, 2014

A tragic and fatal accident occurred in Anderson County, Kentucky, as four teenagers were traveling home to Christian County, Kentucky, after watching a high school basketball game. The four high school students were traveling in a 2010 Nissan pickup truck which collided with the back end of a semi tractor trailer that had parked in an emergency lane. Two of the teenagers were seriously injured. One teenage, Dequavius Weaver, age 16, died at the scene of the crash, and another teenager, 17 year old Jacob Blankenship, was transported to UK Hospital where he died there from the injuries sustained in the accident. Josh Harbold, age 16, and Dendrick Holmes, are hospitalized due to their injuries.

In a case such as this, where two are killed and 2 others seriously injured, the primary concern from a legal perspective is will there be enough insurance coverage to afford justice to those injured and the families of the killed. It becomes complicated and ever insurance policy, including many that most would not consider as possibly affording coverage must be examined to insure that the victims get the fullest amount of justice afforded under the law.

The legal claims from this accident will be both Kentucky Personal Injury Claims and Kentucky Wrongful Death Claims. The damages will vary form victim to victim based upon the facts specific to each victim. Information about the legal rights of persons injured in Kentucky auto accidents and the legal rights of families who have lost a loved one in a Kentucky auto accident can be found from the Ackerson Law Offices. (www.kyfirm.com)

Greenup, Kentucky Car Crash Kills 3 & Injures 1

March 17, 2014

A Greenup, Kentucky car accident occurred shortly after 4:00 p.m. Sunday on U.S. 23. It involved two vehicles. The crash has tragically taken the lives of three people, Tracie Howard, of Portsmouth, Ruby Brown, of South Shore, and Jamond Buford, of Ashland. Joshua Bowling, age 33, of Flatwoods was taken to King's Daughters' Medical Center for medical treatment. His condition is listed as serious.

Details related to the cause of the crash are still pending. Under Kentucky motor vehicle laws, the parties responsible for the accident can be held legally liable for the accident, injuries, and deaths, related to the accident. Persons who are injured in Kentucky auto accidents can bring Kentucky Personal Injury Claims. The families of persons killed in Kentucky auto accidents can bring Kentucky Wrongful Death Claims. Depending upon the facts surrounding the accident and matters specific to each individual, the legal claims can and will vary.

Megan Williams Killed In Semi Accident Near Somerset, Kentucky

March 13, 2014

A tragic accident near Somerset, Kentucky has taken the life of Megan Williams, age 30. The accident happened Wednesday morning just after midnight on Ky. 39, a few miles north of Somerset. The cause of the accident is related to a semi truck attempting to turn off of Ky. 39 onto a narrow road when one of its wheels went into a ditch and part of the truck was squeezing up against a utility pole. The semi was blocking Ky. 39 when Ms. William's vehicle collided with the semi. She died at the scene of the accident.

Kentucky semi truck accidents are serious matters and are riddled with legal complexities, which include legally preserving evidence related to the crash, which include trucking ledgers and logs related to where the truck had been, how long the truck had been on the road, and verifying the truck had been in full compliance with federal trucking regulations. In cases where people are killed due to semi truck accidents, Kentucky law affords the family of those innocent victims killed a legal remedy to seek civil justice related to the death of their loved one. These types of legal claims are called Kentucky Wrongful Death Claims.

Information about the legal rights of families who have lost a loved one in a Kentucky trucking accident can be found from the Ackerson Law Offices. (www.kyfirm.com).

Lexington Woman, Felecia Burton, Killed In Louisville Pedestrian Accident

March 10, 2014

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.

Under the legal causes of action for both a Kentucky Wrongful Death Claim and a Kentucky Dram Shop Action, the family of Ms. Burton can seek legal civil damages under Kentucky Law.

Boyd County Kentucky Crash Causes Death Of 17 Year Old

March 10, 2014

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.

Casey County, Kentucky Crash Tragically Takes The Life Of A 26 Year Old

February 3, 2014

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.

Harrison County, Kentucky Crash Kills One & Injuries Two

February 3, 2014

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
(502) 882-5176

Overcorrection of Vehicle Kills Glasgow, Kentucky Man

December 3, 2013

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.

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