Nolan R. Wood, age 21, of Shepherdsville, Kentucky has caused the death of another driver due to his intoxication. According to media reports, the accident happened about 10:00 p.m. Sunday night on Dixie Highway. Wood was driving his Cadillac sedan northbound on Dixie Highway at a high rate of speed when he crashed into a Ford Fusion that was turning left out of a Shorty’s Food Mart. The crash was so severe that the Ford was spun around several times before coming to rest in a yard. The driver of the Ford Fusion was a female who was thrown from her vehicle. This innocent victim was taken to the hospital with life-threatening injuries. Sadly the female victim died Monday at UofL Hospital from her injuries.
Wood was initially charged with DUI, First Degree Assault, reckless driving, and failure to have insurance. He is now charged with Murder. Wood’s blood alcohol content was .128 and he failed the field sobriety tests.
The family of the deceased victim will have a Wrongful Death claim against Mr. Wood. If Mr. Wood did not have insurance on his vehicle, then the insurance of the victim’s vehicle will come into play under a potential uninsured motorist claim. Additionally, there is $10,000.00 in PIP coverage that the family of the victim can make a claim for, related to funeral costs and potential lost services to the surviving family members.
In cases such as this, it’s important to quickly preserve and reserve the $10,000.00 in PIP benefits so to maximize the recovery for the victim’s family. This is also an example of why having uninsured and underinsured motorist coverage on your personal car insurance is important. Such coverage helps families when they are involved in accidents with people who don’t have insurance or don’t carry enough insurance. If Wood failed to have insurance, then a claim against the victim’s insurance will need to be established. In cases of drunk drivers, it is also important to try to investigate where the drunk driver was coming from so to determine where he or she drank to the point of intoxication. If it is determined that the drunk driver drank at a business establishment, then that business may also be legally liable for the accident under a legal theory that it over-served the drunk driver. Victims of wrongful death accidents such as this one have a legal right to civilly recovery for the lifetime of lost earning the deceased would have earned, recovery of medical and hospital bills, pain and suffering related to the time between the accident and the death. Additionally if the deceased victim was married or had children, such family would also have a loss of consortium claim.
For more information on the rights of families who have lost a loved one due to an automobile accident, call the Ackerson Law Offices, (502) 882-5176 or visit our website and contact us via the email link.