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Articles Posted in Crosswalk Accidents

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View of East Union Road.JPG21 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.

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Charles James, age 44, was a pedestrian crossing Taylorsville Road at the Lowe Road intersection, when he was struck by an SUV. The accident happened at 6:45 a.m. on Thursday. Mr. James was taken to U of L Hospital when he died from his injuries. Mr. James lived on the 200 block of York Street, in Louisville.

Crosswalk and pedestrian auto accidents can be complex legal matters for injured pedestrians, due to claims of the drivers that hit pedestrians that the walker was in a spot that they should not have been. This law firm has experience helping families defend the legal rights of pedestrians, even when the pedestrian is crossing in a spot or time that they should not have been. Under Kentucky law drivers owe a duty to pedestrians, and that duty includes being mindful of pedestrians. In these types of cases, it is important to due a thorough investigation of all the facts surrounding the accident, including a potential immediate accident re-constructionist of the scene.

In cases where a person dies from an accident, including pedestrian accidents, the family of the deceased can seek Kentucky legal justice and compensation for the lost life through a Kentucky Wrongful Death Claim. In these types of claims, the family and the Estate of the deceased can seek medical bills, pain and suffering compensation, and a lifetime of lost earning potential, on behalf of the deceased. This legal compensation will then be paid the heirs of the deceased pursuant to Kentucky Statute, KRS 411.130. Even in cases where the deceased pedestrian bears some fault for the accident, a legal recovery for the heirs can still be made.
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Louis H. Carlisle, age 53, was killed in a pedestrian auto accident on Monday. The accident happened around 7:30 p.m. It is reported that Mr. Carlisle was walking across the road outside a designated crosswalk. This however does not means the accident is totally his fault. All factors must be considered and a thorough accident re-construction should be performed to determine what factors came into play in the death of Mr. Carlisle. The Carlisle family may have legal rights related to this accident and the death of Mr. Carlisle.

Under Kentucky Law, legally this state recognizes apportionment of fault, and therefore, unless a person is 100% at fault for an accident, they or their family can still legally recovery for the % of fault that was not theirs, which relates to the injuries or death. In cases such as this one, apportionment legal issues can be complex, but are not a total bar for the family of a person killed, who are seeking legal justice and accountability.

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The accident happened around 7:10 a.m. while a student was trying to board a school bus. Reports indicate that Scottie Ingle, age 30, was driving his vehicle southbound on KY-519 when he tried to pass a school bus and struck a student who was attempting to board the bus. The child was airlifted to University of Kentucky Hospital to be treated for his injuries.

The parents of this child have civil legal recourse under Kentucky law for the injuries their child has suffered. A parent, on behalf of their child, can seek to legally recovery any medical bills related to this accident (which will likely be substantial considering that the child had to be airlifted to the hospital), pain and suffering damages/compensation for the child, and compensation for any future medical bills or permanent impairment the child may suffer. Additionally, the parents also may have legal compensation owed them as relates to their child’s injuries and accident.
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George Tunstall III, age 67, was killed while crossing Bardstown Road in Louisville, Kentucky. Tunstall was a pedestrian and trying to walk across Bardstown Road, just south of Fegenbush Lane when he was struck a vehicle traveling northbound. The accident happened at 6:30 p.m. last Friday. Tunstall was taken from the scene of the accident to University of Louisville Hospital where he died at 8:15 p.m. Tunstall lived in the Highlands. Initial reports state that Tunstall was not crossing the road at a crosswalk.

Even though reports indicate that Tunstall was not crossing at a designated crosswalk, his family and Estate should retain legal counsel to look into what happened at this accident and what factors may have contributed to it. To the common person, it would appear initially that this accident was Mr. Tunstall’s fault. However, Kentucky is a comparative fault state, which means that even if a person were 99% at fault for an accident, they can still recover legal damages for the 1% that was not their fault. The percentages can very up to 100%.

Our firm has represented persons and gotten legal financial recoveries for injuries and deaths related to people crossing roadways outside of crosswalks and/or designated crossing areas. In cases involving pedestrian accidents, it is important to look at why the victim was crossing where he/she was and what was the driver was doing at the time of the accident. Where the victim was coming from and going to is also an important factor. In any accident or death case, it’s important to immediately have legal counsel gather and preserve the evidence related to the case. Cases involving deaths are referred to as Wrongful Death Claims.
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Wilma Richardson, age 62, died Tuesday from injuries she sustained after being struck by a car driven by her sister. Richardson, who lived in Fairdale, Kentucky, had been driven to a medical center by her sister. Richardson was dropped off, and was walking behind her sister’s car, when her sister, who did not know that she was behind the car, backed out and struck Richardson. Richardson died from the injuries.

When an accident like this happens, it creates very complex legal questions, for the family as a whole. The complexities revolve around how to access the most insurance coverage to help Richardson’s family, while recognizing the families grief and the fact that Richardson’s sister’s automobile policy will likely be a source of recovery of insurance monies related to the damages from this accident.

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Michale Amick, age 38, of Louisville, Kentucky was critically injured while walking on the sidewalk across the Clark memorial Bridge. Mr. Amick was traveling his daily walk from his job in Jeffersonville to his home on Chestnut Street in Louisville, Kentucky when he was struck by a bicyclist and knock into oncoming traffic, where he suffered critical injuries from being struck by a car. The bicyclist was riding the bike on the sidewalk, which is illegal. Bicyclists are to ride their bikes on the road and follow the same traffic laws as motorists.

Mr. Amick has undergone surgery at University of Louisville Hospital, after he suffered head and abdominal trauma from this pedestrian injury. Mr. Amick’s injuries, medical attention and bills, and his lost wages from missing work related to this tragic accident, are all damages that he can recovery from the at fault party in this accident, that being the bicyclist.
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A female pedestrian was walking at the intersection of National Turn Pike and the Outer Loop when she was hit by a car driven by Heidi Diaz, age 32. The female pedestrian who was walking was taken to University of Louisville Hospital in critical condition. The driver of the car that hit the walker was charged with DUI.

When pedestrians are hit by cars, the accidents are treated much like car on car auto accidents. In pedestrian accidents, because the injuries can be so severe, it is important to consider all possible insurance coverage issues to be sure that the injured person will be able to fully recover the from their injuries, be afforded compensation for their medical bills, and be able to seek legal justice for their pain and suffering.
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Louisville Metro Police are reporting that they have charged Katherine Schrewsbury with DUI, wanton endangerment and operating a motor vehicle without insurance. The charges stem from Ms. Schrewsbury driving intoxicated and hitting a jogger. The jogger was reported to have been pinned under the car and taken to University of Louisville Hospital to be treated for injuries for the accident.

This is a clear case of legal liability on the drunk driver. In such cases, the injured party can seek legal recovery of their medical expenses, lost wages, pain & suffering, and punitive damages to punish the drunk driver. However, because the drunk driver in this case has been charged with failure to have insurance, the case becomes more complicated in regards to the injured party’s ability to be compensated for the incident and injuries.

In cases like this, where insurance is questionable for the at-fault party, the Ackerson Law Offices use their experience with insurance companies to look for additional sources of recovery, including the insurance policies of the injured. The goal being to get the injured person the legal justice and compensation they need and deserve from such tragic accidents. The damages from a DUI related accident like this can be substantial, and its important to leave no stone unturned in looking for financial recovery for the victims.

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Richard Hammond, age 44, was killed Sunday while walking along Dixie Highway. His death came after he was struck by an automobile around 9:00 p.m. while he was a pedestrian. This pedestrian auto accident occurred on the 12000 block of Dixie Highway. The Police have not charged the driver of the vehicle that struck Richard Hammond with any criminal charges. Until such time as the Police finish their investigation, it is only right, in consideration of both families involved in this tragedy, to presume that this was a tragedy related to negligence rather than intention or grossly reckless conduct.

Even if criminal charges are not filed and there is not grossly reckless conduct found, the family of Richard Hammond and his Estate will have a Kentucky wrongful death claim against the driver of the vehicle that struck him. Mr. Hammond had the legal right to be walking along Dixie Highway, and motorists have a duty to be mindful of pedestrians. At this point it becomes an examination of who did what leading up to the accident, and thus who bears what percentage of fault for this accident.
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