Christy Dick of Somerset, Kentucky was killed and two others were injured in a head-on motor vehicle collision on Tuesday. The fatal car crash happened in Madison County, Kentucky on Ky 1016. Ms. Dick was a passenger in a Chevy Blazer driven by Elvis Isaacs, of Richmond, Kentucky. Mr. Isaacs’ vehicle was traveling southbound on Ky 1016 when he was forced to swerve his vehicle to avoid a collision with another vehicle that pulled out onto the highway from West Barker Lane. Mr. Isaac’s Blazer then collided head-on with a Mack Truck, being driven by James Seals, also of Richmond, Kentucky. Mr. Seals and Mr. Isaacs were both injured, but Ms. Dick was airlifted to UK Medical Center, where she later died. This car accident is a tragedy for many families, and will raise all sorts of questions of what happened, could the accident have been avoided, and who is to blame for this tragedy.
This is not a clear case of 100% liability on anyone’s fault and fault in this accident will likely be shared between Mr. Isaacs and the unknown driver that pulled out in front of his Blazer from West Baker Lane. There may even be attempts to place some fault on Mr. Seals. Clearly Ms. Dick’s family and her Estate will not be at fault and will be entitled to a full recovery for this wrongful death claim. Mr. Seals and Mr. Isaac will also be entitled to recovery for their damages and injuries. The major legal problem with this case will be apportionment of fault. The various parties’ insurance companies will point fingers at everyone else and attempt to have as much fault shared by others as possible.
While Kentucky allows for comparative fault and apportionment, it also allows for a person who is 99% at fault to recover for the 1% they are not at fault for. This legality, coupled with the facts of this accident will put this case of two people being injured and one loss of life into a complex legal battle over who owes what to whom as related to the various damages and injuries suffered, including the wrongful death claim by Ms. Dick’s family and her Estate. An additional complexity to this matter will likely also arise over the various insurance coverage available. Anytime there is a death, the damages and wrongful death claim can be substantial. The key will be to examine all potential sources of insurance recovery to be sure that Ms. Dick’s family is legally compensated for their loss.
For more information on the rights of people injured or killed in Kentucky auto accidents, contact Kentucky car crash victims attorney Brent T. Ackerson & the Ackerson Law Offices at (502) 882-5176, for a free consultation. You can also visit our firm’s website, www.kyfirm.com (click here to go to the Ackerson Law Offices website), or contact attorney Ackerson on line and via email. by clicking here