Kentucky Personal Injury Attorney Blog

On Friday, Vickie Carol Lynch, age 49, of Georgetown, Kentucky, was killed in a car crash that involved a church van running a red light and hitting her vehicle. Ms. Lynch died at the scene of the crash. This terrible accident was caused by a 22 year old driver not paying attention. Witnesses report that he light had been red for a while when the van failed to attempt to stop and ran through the intersection of the Georgetown Bypass and Paris Road. Reports indicate that the evidence demonstrates that the van driver never even applied the brakes as he negligently entered the intersection. The driver of the van has been criminally charged with reckless homicide. The van is owned by Bluegrass Baptist Church.

On Saturday, Phillip Lee Burgess Jr., age 28, was a passenger in a car that ran a red light at the intersection of Lemons Mill Road and struck another vehicle. Mr. Burgess was taken from the scene of the accident to Georgetown Community Hospital, where he died from his injuries. The driver of the vehicle that Mr. Burgess was in has been criminally charged with a DUI and second degree manslaughter.

These are two instances where drivers have failed to be patient and attentive to the road. Driver impairment can come from intoxication or just plan paying attention to other things rather than driving. In one case, such failure to be attentive is clearly related to illegally driving after drinking. The other is unclear as to what took the driver's attention from the road. The results however have been the same. Two innocent people are dead due to negligent driving of others, and families are left to suffer for the loss of their loved ones. In cases like this, it is important that a message be sent to the rest of the community that this sort of negligence while operating a car can be deadly and will not be tolerated. The criminal aspect of sending that message to the perpetrators and the community has begun in these two cases. There is also a civil justice avenue available to victims who are injured and families of victims killed, due to the negligent driving of others, in that they can seek to recover the civil damages from accident. Kentucky Civil Legal Damages include things like recovery of costs of medical bills, lost incomes, emotional trauma, and pain and suffering.

Continue reading "Two Fatal Accidents On Consecutive Days On Georgetown Bypass, Both Involving Running Red Lights" »

Alexander Tipton, age 18, and Johnathan Newsome, age 18, were both killed in a Kentucky car crash. Six other passengers in the vehicle also suffered injuries. Police reports indicate that a Ford Mustang, being driven Mr. Newsome, attempted to make a u-turn onto Ky 1469 and struck an embankment. Reports indicate that no one was wearing a seat belt. The accident is still under investigation.

Passengers injured in motor vehicle accidents are afforded PIP/No-fault insurance coverage to pay for initial medical bills and other damages, including lost wages due to injuries. The six injured passengers, based upon their injuries will be able to file claims for such insurance assistance, and based upon the severity of their injuries, they may want to instruct the insurance company to withhold all payments of such funds until such time that hey can direct payments in a manner that most effectively assists them in their various situations. In addition to the PIP claims, the surviving passengers may also have Kentucky Personal Injury Claims.

Based upon what every caused the accident to occur, all the occupants of the car may have legal claims stemming from the accident and cause thereof. In cases like this it's important to have an accident re-construction performed to determine what factors lead to the crash. Those killed in the crash may have Kentucky Wrongful Death Claims. At this point, and until it is determined what fully happened in this crash, the legal claim status of those involved is yet to be determined.

This Kentucky car crash happened Tuesday around 8:00 p.m. at the intersection of US 60 Bypass and Canton Road, 2 miles west of Cadiz, Kentucky. Reports indicate that Mary Taylor, of Barbourville, was driving westbound on Canton Road and failed to stop at the stop sign at the intersection with US 60 Bypass. Upon entering the intersection, Taylor's vehicle was struck on the passenger side by a vehicle driven by Kristena Gallimore, of Dresden, TN, which was traveling eastbound on US 60 Bypass. Taylor's failure to stop at the stop sign and failure to yield the right of way to Gallimore appears to be the cause of this accident.

Kristena Gallimore, age 44, had passengers in her vehicle, Timothy Gallimore, age 36, and Kaitlyn Gallimore, age 12. All the Gallimore were taken to Trigg County Hospital to be treated for their injuries.

Mary Dell, age 49, and Jonas Dell, age 15, were both passengers in Taylor's vehicle. Mary Dell died from injuries she received in the crash and Jonas dell was flown to Vanderbilt Hospital in Nashville to be treated for his injuries. Ms. Taylor was also flown to Vanderbilt Hospital.

This Kentucky auto accident could result in multiple Kentucky legal claims which would include both Kentucky Personal Injury Claims for those hurt in the crash and survived and a Kentucky Wrongful Death Claim related to the death of Mary Dell. Under Kentucky law, persons injured or killed in Kentucky automobile collisions can seek to be legally compensated for the damages sustained and suffered due to accidents caused by others. Passengers in cars, even cars that cause accidents, can also seek legal compensation for the negligence of the driver that caused a Kentucky car crash. Legal jurisdiction over the potential claims in this tragic accident will be handled under Kentucky laws, due to the accident occurring in Kentucky.

Questions about the rights of persons injured or killed in Kentucky auto accidents can be directed to the Louisville, Kentucky based Ackerson Law Offices.

Mr. Jospeh Heiser, age 41, was driving his moped on New Cut Road. It was 2:25 a.m. when a Chevy Impala turned in front of him causing a car crash with his moped. Reports indicate that the Impala was turning into an apartment complex parking lot. Mr. Heiser died approximately 2 hours later at University of Louisville Hospital, during surgery.

Moped accidents are complicated because often riders may not be wearing helmets of have the required safety gear for unlicensed scooters. In this case, it has been reported that Mr. Heiser may not have been wearing a helmet. Motorists however, owe a duty to moped and scooter riders to be cautious drivers when encountering them on the roadway. Moped and scooter riders should be afforded the same rights and privileges as bicyclists, motorcycles, or cars. When a vehicle turns in front of another vehicle's path causing a collision, that vehicle's driver is negligent for failing to yield the right-of-way.

Mr. Heiser and other moped riders who have been killed in accidents have legal rights under Kentucky Law and when they are killed in accidents, the families of these victims will have a Kentucky Wrongful Death Claim. Wrongful Death Claims require that an Estate be established via a probate court and an Estate representative be appointed by the court. From there the Estate can seek to be reimbursed for medical bills, funeral expenses, lost earning potential of the person killed, and possibly other compensable claims, depending on the facts surrounding the victim's life and related family members.

Due to the particular facts surrounding any accident, insurance companies will utilize any and all arguments to try to put a percentage of blame upon the deceased person for the accident. Their job is to objectively control the costs of claims. It is important to have an accident re-constructionist detail the events of crashes like this to insure that all the evidence is preserved in a timely fashion, so as to afford the victim's Estate with credible evidence to support its legal damages claimed from the crash and not allow a percentage of fault to be assigned to them, thereby reducing the claim amounts by that percentage.

Death cases are complicated and hard fought. Emotions run high for the families and the damages can be substantial. Families want the maximum justice, while the at-fault parties and their representatives want to reduce their possible financial exposure. As such, it's important that legal rights be protected and evidence be preserved.

Robin Jent, age 57, who lived on Churchman Avenue in Louisville died at UL Hospital from injuries she received in a head-on car crash that occurred on Manslick Road. The driver of the vehicle that hit Ms. Jent was charged with DUI and Murder. Ms. Jent operated a day car facility known as Robin's Playhouse.

Jason Shawler, age 38, of Louisville, was killed in a head-on auto accident on the Gene Snyder Freeway, near Shelbyville Road, after the car he was in was struck by a pickup truck driving the wrong way on the freeway. The Driver of the pickup that killed Jason Shawler was charged with DUI, Murder and driving on a suspended license. Mr. Shawler had a successful career at Ford.

In both these tragic deaths, strong criminal prosecution is taking place. The drivers who drove drunk and killed an innocent person should be criminally prosecuted to the max. The families of these two victims of drunk drivers also have civil legal claims to prosecute these matters under Kentucky civil law. The families of persons killed in DUI related deaths can have a legal Estate established through the Kentucky Civil Courts (these are civil matters and not handled through criminal prosecution), which will then authorize a representative of the deceased person to file a Kentucky Wrongful Death Claim.

Under Kentucky Wrongful Death civil claims, the drunk driver and his insurance company to force legal monetary compensation for everything from medical bills related to the injuries, funeral expenses, pain & suffering of those killed, and a calculation of the deceased person's lost lifetime earnings capacity (known as lost future wages). The lost future wages can be substantial depending up the deceased's age at time of death and the yearly wages they earned.

The Ackerson Law Offices and Wrongful Death Attorney Brent T. Ackerson (clink here for a link to the Ackerson Law Offices and more information) believe that civil legal justice and compensation for the families is very important. Such claims help the families out financially with the bills they have incurred, bills they may incur due to the need for therapy and counseling related to the death of their loved one, and help with financially punishing drunk drivers. Many families also use the funds obtained to establish memorials in the names of their lost loved ones.

A tragic Kentucky Semi Accident has occurred in Johnson County, Kentucky. A Chevy pickup truck hauling wood had 3 passengers in the cab of the pickup and two passengers in the bed of the pickup when it turned onto US 23 southbound from KY 201. That vehicle was then struck in the rear by a semi tractor trailer, a coal truck. The driver of the coal truck was not injured. The driver of the pickup and the two passengers in the cab, were injured and taken by EMS to the hospital. A male passenger riding in the bed of the pickup was thrown from the truck and airlifted to the Hospital with severe injuries. 36 year old Maranda Martin, who was also riding in the bed of the pickup, was thrown from the vehicle and died at the scene of the crash.

Those injured in this crash has legal rights and under Kentucky law can seek to be compensated for what has happened to them. (Here is a link to the Ackerson Law Offices' website explaining Kentucky Personal Injury Claims and damages that victims can claim.)
The family of Maranda Martin will be able to establish a legal Estate for her, which will then grant authority for a representative of that Estate to seek a Kentucky Wrongful Death Claim. (Here is a link to the Ackerson Law Office's Wrongful Death Claim webpage).

In accident cases involving semi tractor trailer trucks, its important for injured parties and Estate's of deceased persons to act quickly in preserving evidence from the accident, including preserving the semi's driver's logs and ledgers. This sort of evidence is very important in determining whether certain damages can be sought against the trucking company.

Questions about the legal rights of victims can be submitted through the Ackerson Law Offices' webpage (Link) or there is a telephone number on that page that can be used to contact Attorney Brent T. Ackerson.

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).

This Kentucky car crash occurred around 10:00 p.m. Saturday Night at the intersection of Crittenden and Mount Zion Road in Grant County, Kentucky. Police reports indicate that 21 year old Jack Masters was pulling out of a driveway when his vehicle was broadsided by an SUV. Masters died at the scene of the crash. Passenger Kyle McMullen was treated for injuries at the hospital and has now been released. The woman driving the SUV and two young children were also taken to the Hospital for injuries sustained in the crash.

At this time, this accident has multiple claims which include the Kentucky Personal Injury Claims of the adults and children injured in the crash, and a Kentucky Wrongful Death Claim by the family of Mr. Masters. Passengers in vehicles, under Kentucky law aren't viewed as at-fault parties and can seek civil justice to compensate them for what the have been harmed, including economic loss, such as medical bills, lost wages, and pain & suffering. (here is a link to a explanation of compensatory damages for Kentucky personal injury claims).

The Kentucky Injury/Death Attorney Brent T. Ackerson and the Ackerson Law Offices handle these types of claims for victims and families, and are available to answer any questions about the process and the law related to accidents and deaths.

Kevin Kaaks, age 42, was killed when a truck collided with the passenger side of his vehicle. Two minor children were also injured in this accident, and taken to the hospital. This Whitley County, Kentucky auto accident happened Sunday afternoon at the intersection of Bee Creek Road and Cumberland Falls Highway. The children in this accident are listed in critical condition.

The family of Kevin Kaaks will be able to make a Kentucky Wrongful Death Claim under Kentucky Civil Law to attempt to seek civil justice for Kevin's death. Claims like these can be complicated and substantial in size. Death cases in Kentucky allow the family and the Estate of the deceased to seek lost wage for the remainder of the deceased expected lifetime. Pain & suffering damages may also be available depending on the particular circumstances of the accident, and spouses and children under the age of 18 will be allowed to make a loss of consortium/love and affection claims.

The two minor children will have Kentucky Personal Injury claims from this accident, which will include medical bill recovery (both past and future), pain & suffering, and possible future impairment claims.

The Ackerson Law Offices, a Louisville based law firm, (click here for a link to the firm and more information) handles these types of claims for victims and families, and are available to answer any questions about the process and the law.

Bethany L. Hardman, age 29, of Wilmore, Kentucky was killed in a Jessamine County Kentucky auto accident. This Kentucky car crash occurred on Thursday just before 9:00 a.m. as Ms. Hardman's 2002 Saturn attempted a left hand turn from Clear Creek Road onto Ky 169.

In any Kentucky automobile related death, the legal inquiry is on who and what caused the accident and what could have been done to prevent. Person injured or killed in Kentucky auto accidents may be entitled to legal compensation for their injuries and/or death.

As the story and the legalities were discussed in an early posting, including photos of the accident, (Click here for link to earlier story link), a pregnant woman and her unborn child were killed in a SUV accident in Louisville Kentucky on I-71. The victim has been identified as 31 year old Latonya Hunt of Sidon Mississippi. Ms. Hunt was a passenger in the vehicle and was 27 weeks pregnant. She was ejected from the GMC Envoy and died of blunt force injures. Tow other women in the vehicle were taken to the hospital with serious injuries.

Ms. Hunt's family will have a Kentucky Wrongful Death legal claim against the driver of the vehicle and her insurance company. It can be legally sought by the establishment of a Kentucky Estate, for the express purposes of pursuing the lawsuit. The legal compensation sought will vary based upon the circumstances of the accident, but will include a lifetime of lost earning potential, which puts a large legal/financial compensation for the family of Ms. Hunt.

Passengers in single car accidents have legal rights under Kentucky law to seek civil justice for the injuries or death caused by the single vehicle accident.

Rita Roberts was a passenger in a truck that left the roadway and crashed into a tree. The wreck happened along Kentucky 57. The family of Rita Roberts has Kentucky legal rights related to her death. Even if the driver of the truck was not acting intentionally, Ms. Roberts' family is entitled to civil justice under Kentucky Law. Her family will incur funeral expenses, severe grieving, and the Estate of Rita Roberts will legally be entitled to claims for her death and a lifetime of lost earning capacity. The Estate's legal claims will be controlled by Kentucky statute KRS 411.130. These type of death claims are referred to as Kentucky Wrongful Death actions.

The Louisville Kentucky car crash happened around 8:30 a.m. this morning on Interstate 71 in Louisville, Kentucky. A GMC Envoy driven by a woman with two female passengers was traveling southbound on I-71 near the Gene Snyder Freeway when the SUV left the road and crashed for unknown reasons. The driver and one passenger were seriously injured. Another female passenger, believed to have been pregnant, was ejected from the vehicle and died from her injuries. The three women were not from Kentucky.

Persons injured and even killed in single vehicle accidents have legal rights under Kentucky law to be legally compensated for the injuries sustained, and even a death, that is the result of the negligent driving of the driver of the vehicle they are traveling in. The driver and the driver's insurance company can be forced to pay for medical bills, lost wages resulting from the accident, pain and suffering, and in the case of a death, the deceased's lost lifetime earning and wages capacity. The passenger injured in this crash will have a Kentucky Personal Injury legal claim and the passenger killed will have a Kentucky Wrongful Death legal claim.

In case's like the one herein reported, it is important for the families of the injured or killed to have legal representation preserve the evidence from the crash and insure that a thorough accident re-construction is performed.

Juanita Bailey, age 47, and Lola Bailey, age 21, of Compton, Kentucky, were sitting in their car, which had run out of gas in the far right northbound lane of Ky 15 South. They had the car's hazard lights on when a vehicle driven by Clyde Simmons, age 71, of Lexington, Kentucky hit the Bailey's car from behind. Juanita bailey died from the injuries she sustained in this Kentucky Car Crash. Lola Bailey was treated at the hospital for her injuries.

Lola Bailey has a Kentucky personal injury legal claim from this accident, whereby she can seek to be compensated under the law for her injuries, her medical bills, any lost wages she may suffer as a result of the crash, and pain & suffering damages. A legal Estate will have to be established for Juanita Bailey, due to her death, and that Estate will have a Kentucky Wrongful Death claim on behalf of Juanita. That claim can seek the lifetime of lost wages and earning potential that Ms. Bailey would have earned over her lifetime.

The Kentucky Wrongful Death claim damages would be paid out to Juanita's family, pursuant to KRS 411.130.

An update from our previous posting about the tragic accident that took the life of 5 year old Blake Cohorn. (Clink Here for link to previous post).
The Cohorn Family was involved in a head on traffic accident, in which Blake was killed and his parents were both injured. The Cohorn Family has medical expenses, funeral expenses, and other expenses that directly relate to this tragic accident that was caused by a drunk driver, who was driving without a license. Additionally, the family, being injured from the accident has lost wages and bills that now will be difficult to pay due to the lost income from being injured.

Donations to the fund to help the family in this time of financial crisis can be sent to:

The Blake Cohorn Trust at 5th/3rd Bank
Account No. 9380835729
1580 Leestown Road
Lexington, KY 40511

This law firms analysis of the situation is that the Cohorn family or their representative should be in contact with their auto insurance company and reserve all PIP-No Fault coverage so that those amount under their policy won't be exhausted by the hospital bills. Such insurance moneys can be used by the Cohorn family to help cover lost wages due to the family's injuries. Additionally, $1,000.00 of the PIP insurance monies can be used to help with the funeral bills.

Continue reading "UPDATE: Fund Setup For The Cohorn Family" »