Jarid Patterson, age 40, of Richmond, Kentucky, died from injuries he sustained in a crash involving a moped he was driving and a motor vehicle. This fatal Kentucky crash happened in Madison County on Jacks Creek Road around 3:00 p.m. Tuesday. Initial reports indicate that Patterson was not wearing a helmet and attempted to turn into the path of the on-coming vehicle, but a post by Sarah Blackford, states that the helmet was worn and was with Patterson at the hospital where he was pronounced dead. Mr. Patterson had been taken from the scene of the crash to UK Hospital. Ms. Blackford reports that the vehicle that collided with Mr. Patterson’s moped crossed the center line of traffic.
If Ms. Patterson is correct, then the Estate of Mr. Patterson will be entitled to bring a Kentucky Wrongful Death Claim against the driver of the vehicle that struck him and caused his death. The legal questions related to fault of this accident are complicated may end up being an apportionment of fault situation where legally both parties bear some degree of fault. Under Kentucky law, even if a person bears some percentage of fault for an accident, they can still legally recovery from the other party and the other party’s insurance company a percentage of the damages they have suffered from the accident. In cases of percentage of fault being assigned to multiple parties, the legal arguments become complicated and litigation is usually required to reach a settlement of the case.