THIS IS AN ADVERTISEMENT

Articles Posted in Crosswalk Accidents

Published on:

By

A Toyota pickup truck traveling on Elkins Station Road in Clark County, Kentucky left the roadway, hit a culvert, and then swerved back onto the roadway. When the pickup re-entered the roadway, it struck a young child riding a bicycle. The accident happened around 7:30 p.m. and the child was pronounced dead at 8:20 p.m. This a tragic accident that reinforces that drivers of motor vehicles have to be vigilant at all times. Anything that takes full attention off of the roadway or what is on the roadway can result in this kind of tragic death. Drivers of vehicles have to recognize that legally they share the road with bike riders, and owe bike riders the same responsibilities that they owe other motorists.

In this case, the family of the child killed will have a Kentucky wrongful death claim against the driver of the pickup and the driver’s insurance company. This will be a substantial claim due to the death of such a young child. The family of the deceased will need to establish an Estate through Kentucky Probate Court, in order to have a person legally appointed to represent the Estate. From there, the Estate can seek justice for the death of this child. The legal damages and justice that can be sought through the civil courts by the Estate are medical bills, pain & suffering, a lifetime of lost earning capacity and wages, and potentially punitive damages if the facts warrant that the vehicle’s drivers acted wantonly or with reckless disregard for safety. The parents of a deceased child also have Kentucky lose of consortium claims that are different and above the claims the Estate.
Continue reading →

Published on:

By

Samuel Hazley III of Louisville, Kentucky was pronounced dead at 7:31 a.m. at University of Louisville Hospital. Mr. Hazley had been waiting for a bus, at the bus stop located at Dixie Highway & Blanton Lane, when a driver of a Suzuki Sidekick lost control of the vehicle, veered out of the northbound lane of Dixie Highway, and hit Mr. Hazley. The driver of the vehicle admitted to police that he had fallen asleep at the wheel. This is a tragic accident that could have been avoided. Drivers who are tired or fatigued should not operate their vehicles. Driver fatigue can be as dangerous as drinking and driving. In this case, the consequences have been tragic as Mr. Hazley has lost his life. This is a crosswalk or pedestrian styled legal death claim, in which there will be many different sources of insurance recovery to be examined.

Negligent drivers who fall asleep at the wheel and cause injury or death to another person are liable under Kentucky law. In this case Mr. Hazley’s family and his Estate have a clear case of wrongful death against the driver of the Suzuki. The legal damages that will be able to be recovered vary from case to case and depend upon various legal factors. An estate will need to be set up to empower a person to become the legal representative of the deceased Mr. Hazley, and from there, the family will have authority to begin to seek to be legally compensated for their loss.

Published on:

By

For the calendar years 2000 through 2009, amongst 52 metropolitan areas, Louisville has been ranked 19th concerning pedestrian fatalities. In a recent report by Transportation for America, a safety-advocacy organization, the Louisville, Kentucky area had a “pedestrian danger index” rating of 95.7. That rating was based upon 192 pedestrian fatalities from 2000 through 2009. That figure translates to an average annual pedestrian fatality of 1.6 per 100,000 people. The metro Louisville area has approximately 700,000 residents currently in 2011.

Comparing Louisville with other metro areas, Nashville, TN ranked 14th with 204 pedestrian deaths and had a pedestrian danger index of 109.7. Indianapolis, IN ranked 31st with 180 pedestrian deaths and had a pedestrian danger index of 63.5, and Cincinnati, OH ranked 42nd with 172 pedestrian deaths and had a pedestrian danger index of 37.7. The highest ranked cities, which makes them the most dangerous for pedestrians, were Orlando, FL, Tampa, FL, Jacksonville, FL, and Miami, Fl. Orlando’s pedestrian danger index was 255.4.

Kentucky pedestrian fatalities, if involving a motor vehicle striking the pedestrian, have numerous legal recovery options, including automobile insurance policies owned by the deceased pedestrian. If the death is related to a dangerous property condition, then there maybe property owner insurance or business insurance coverage to provide for a legal recovery for the family of the victim. The legal damages that can be claimed and recovered under Kentucky law resulting from pedestrian deaths, which are classified as Kentucky wrongful death claims, can vary based upon the economic factors of the deceased.

Published on:

By

Kentucky auto injury attorney Brent T. Ackerson and the Ackerson Law Offices have settled a client’s case for $1.15 Million Dollars. This case involved our client being hit by a car while placing warning reflective triangles in the expressway emergency lane, after his truck had broken down. Our client was struck and seriously injured after a young driver allowed his car to venture into the emergency lane.

“The insurance company had been fighting us tooth & nail for sometime now. We were very pleased with this settlement. It will go a long way towards taking care of our client and his family.” – Brent Ackerson Continue reading →

Published on:

By

A Louisville, Kentucky woman, Christy Purtilar, who resides on Blue Lick Road, has pled not guilty to charges of leaving the scene of an accident, failing to render aid or assistance, operating a motor vehicle without insurance, and operating a motor vehicle on a suspended license, after the car she was driving hit and injured a 7 year old child. The accident happened on Wheeler Avenue around 7:12 p.m. The child was transported with injures to Kosair Children’s Hospital in Louisville, Kentucky.

In cases like this where the negligent driver does not have insurance, there are still numerous source of recovery for the injured party and there family to examine when seeking to be compensated for the medical bills and pain & suffering from accidents where children or pedestrians are injured by negligent drivers without insurance.
Continue reading →

Published on:

By

999679_the_sidewalk.jpgA 76 year old woman, Norma McAuliffe, was killed this week while walking down the sidewalk. The accident occurred in the middle of the day as the victim walked down Hikes lane near Breckenridge Lane. The woman was on the sidewalk when a Saturn vehicle lost control, struck other cars and then went up onto the sidewalk, killing McAuliffe. Otherthan the pedestrian’s death, no one else was seriously injured in this vehicle accident.

This is a clear case of fault being on the motor vehicle. The pedestrian was doing what she was supposed to, and the Estate of the killed woman will have a wrongful death claim in this case. The wrongful death claim damages that can be sought will depend on numerous factors specific to the victim.
Continue reading →

Published on:

By

A Jefferson County, Kentucky 74 woman died after injuries she sustained from being hit by a car while going to her mailbox. The woman was taken to the hospital after being hit and later died in the hospital. The driver of the car that hit has been reported to have looked away for a moment while driving and then when he looked back, he couldn’t avoid the woman who was at her mail box. This is a tragedy and an example of how even the slightest moment of not giving your driving the full attention it needs can result in a tragedy.

In cases where a person is struck by a car, there are numerous insurance factors that come into the equation of compensation for injuries, medical bills, and even a death. Insurance coverage that will need to be examined here will include PIP coverage, UIM coverage, UM coverage, and general liability coverage. These coverage examinations will include those of the driver of the car, those of the victim of the accident, and those of the persons living in the household of both. It is important to examine all potential coverage to ensure that all medical bills and damages are paid, in order to insure that the victim and her family are not left with expenses from this tragedy.
Continue reading →

Published on:

By

949267_pedestrian_crossing_sign.jpgTwo Louisville, Kentucky residents were killed while trying to cross the street, after being struck by cars. Initial reports are that both incidents, which occurred separately and at different times of the day, involve the pedestrian not having the right-a-way to cross the roads. Initial reviews of these accidents would appear that fault for the accident is on the pedestrians. However, Kentucky is a comparative fault state and thus, the families of those killed in pedestrian accident should have the circumstances of such accidents fully examined by a lawyer.

Under Kentucky’s comparative, even if as person bears the majority of fault for an accident or death, the other party can still recover the percentage that they were not at fault for in the accident. In theory, under Kentucky comparative fault, even if a person were 99% at fault for an accident or death, they could still recovery 1% of the damages they have suffered from the accident. In cases where a person is killed, these are referred to as wrongful death claims, and the monetary damages can be substantial. In cases where the damages are large, percentage of fault is usually a factor and certainly not a deterrent to seeking some form of justice and compensation for the loss of life.
Continue reading →

Published on:

By

Thumbnail image for 949267_pedestrian_crossing_sign.jpg
Too often in Kentucky pedestrians are hit by motor vehicles while walking. These accidents occur at crosswalks, along the sides of roadways, and in parking lots. Many times the pedestrians are hit due to the carelessness of and inattentions of drivers. When a pedestrian is hit, these types of accidents usually result in serious or deadly consequences and injuries. This is due to the speed and blunt force size of a motor vehicle striking a person’s body, often times propelling the pedestrian through the air and into other objects or other vehicles pathways.

When a pedestrian is struck by a motor vehicle, they have multiple possible avenues of financial recovery for lost wages, medical bills, and pain & suffering compensation. First and foremost the pedestrian can make a claim for auto insurance coverage (bodily injury claim) from the driver’s insurance. If the driver does not have enough insurance or does not any insurance, the pedestrian can turn to their own automobile insurance coverage under underinsured motorist coverage or uninsured motorist coverage. Additionally, if the injured pedestrian lives with other persons, who also have automobile insurance coverage, additional compensation may be available under certain circumstances.

Usually, when dealing with pedestrian accidents, apportionment of fault becomes an issue. This occurs when the driver of the vehicle claims that the accident is the fault of the pedestrian due to where the pedestrian was walking or other circumstances within the control of the pedestrian. Kentucky is a comparative fault law state. This means that fault, even if 99% lies with one party, that party can still seek recovery from the other party for their 1% fault. The role of your attorney is to establish what percentage of fault each party bears, and then using such percentages, in relation to the total damages incurred, to seek a recovery based upon the relative percentages.
Continue reading →

Published on:

By

1308588_motorway_at_twilight.jpgThe Victim, age 56, of Louisville, Kentucky died Monday night due to injuries he sustained after his car broke down on the expressway, and he was attempting to flag down help. The Victim was stuck by another vehicle on the ramp from Phillips Lane and Louisville Airport. While no charges have been pressed against the other driver, fault in this case is still undetermined. The Victim leaves behind a wife and children. Vandeveer’s family has suffered a huge lose, for which the Kentucky Courts will allow an avenue for recovery.

The Victim’s family will need to setup an Estate through Probate, which will empower them to handle wrapping up his affairs and transferring his assets to his wife and children. Additionally, the Estate will be in a position to seek recovery of medical bills, funeral bills, loss of consortium claims, and a claim for a lifetime of lost wages/earning potential from both the other driver & the other driver’s insurance company and from the Victim’s own insurance company. This type of action is known as a wrongful death claim. While the legal system cannot bring the Victim back or lessen the pain his family is experiencing, it can provide a recovery financially for the family so they can be assisted in moving their lives forward and provide the money that they have lost as a result of this tragedy and the money that the Victim would have earned for the family over his lifetime.

Fault isn’t an issue at this time, and unless a person is 100% at fault, Kentucky law allows for a recovery of damages on a percentage basis. This is known as comparative fault under Kentucky Law. For example, under comparative fault and Kentucky law, a person injured or killed could bear 80% fault for an accident and the other party only bear 20%, and the party injured or killed who bore 80% fault could seek recovery of the 20% from the other party and their insurance company. Under such a theory, if the damages were calculated at $500,000.00 from an accident where a person was injured or killed, the recovery allowed under such an 80/20 split of fault would allow the injured or killed party to recovery $100,000.00.
Continue reading →

Contact Information
111 W Washington St #200
Louisville, KY 40202
Phone: (502) 882-5176
Fax: (502) 882-5177
Cell: (502) 648-2072

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2015 – 2024, Ackerson Law Offices
JUSTIA Law Firm Blog Design