Ray Ellis, age 74, was crossing Slate Avenue, Owingsville, Bath County, Kentucky, Sunday, when he was struck by a teenager driver. Mr. Ellis was taken to St. Joseph Hospital in Mt. Sterling with severe head trauma, and then transported to UK Hospital, where he was pronounced dead.
In accidents involving a death, it is important to have a thorough evaluation done of the facts and circumstances which may have caused the accident to determine who was at fault, even if possible mutual fault exists. Assignment of fault percentage under Kentucky Law allows greater opportunity for those injured or killed in accidents to recovery the legal compensatory damages that hey are entitled to. In cases of a death, the legal compensation goes to the surviving relatives under KRS 411.130, and is commonly referred to as a Kentucky Wrongful Death Claim.
Initial factors to consider in cases like this, when assigning fault percentages, are location of the accident and the pedestrian pathway, driver attention to the roadway, visibility, and road conditions. When seeking to assign fault percentages, the legal matters become complex and often require litigation to finally reach percentage conclusions.