A tragic auto accident occurred Thursday morning around 6:30 a.m. in Russell County, Kentucky. This was a two vehicle accident that occurred on Highway 80 near Russell Springs. The drivers of both vehicles died from the injuries sustained from the crash. Accident re-constructionists are on the scene trying to determine the cause of the wreck and what happened.
Once fault is determined, the family of the not-at-fault driver will be able to levy a Kentucky Wrongful Death Claim against the at-fault driver’s estate and the insurance company which insured the at-fault vehicle. In serious auto accidents it’s important to take legal action quickly in order to preserve evidence related to the crash, including subpoenaing the cell phone records of the at-fault driver to determine if usage of texting or phone calls were a cause in the accident. To subpoena records, a formal lawsuit must be filed to empower such a subpoena to be issued. Most cell phone companies only retain cell phone and text records for a very brief time. As such time is a factor in filing litigation quickly in order to obtain such records before they get deleted/destroyed.
It is illegal in Kentucky to text and drive. If a driver involved in an accident is found to have been texting at the time of the accident, then that driver would be legally per se negligent in causing the accident, and such a legal finding substantially helps the victims or their families pursue civil justice.