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.
Because the claims in a case like this are likely to be very large dollar amounts, the family and the Estate of the deceased must look to as many sources of insurance recovery as possible. This includes looking to their own policies for underinsured and/or uninsured motorist coverage and PIP coverage. Such cases can be complex and require extensive knowledge of insurance laws.
For more information on the legal rights of families who have lost a child due to the negligence of others, including Kentucky auto accidents, contact Kentucky wrongful death attorney Brent T. Ackerson and the Ackerson Law Offices at (502) 882-5176. Additionally, we can be contacted online by clicking here, or email attorney Ackerson directly by by clicking here.