McCoy & Sparks, PLLC

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Bardstown Kentucky Personal Injury Law Blog

Truck driver charged in fatal collision

Distracted driving has become one of the new buzz words of highway safety. Many states have responded to the increasing use of smart phones and similar devices by making distracted driving a crime. Unfortunately, the formal prohibition on the use of such devices is occasionally insufficient to prevent accidents and deaths.

A three-vehicle collision on I-64 in Franklin County on October 1, 2019 has been blamed on distracted driving on the part of the driver of a semi-trailer truck. According to Kentucky State Police, the driver of the truck was distracted by a video game on his cell phone mounted on his dash. The driver was unable to recognize that traffic ahead of him was slowing, and he was unable to stop in time. The semi rear-ended a Jeep, and both vehicles were pushed into a Ford Explorer. The semi left the roadway and traveled over a culvert and into the deep grass. The driver of the Jeep was pronounced dead at the scene. Police also said that the truck driver was not wearing his prescription corrective lenses in violation of his commercial driver's license.

Common injuries suffered in car accidents

There are a variety of serious injuries that car accident victims may suffer. Our readers should be familiar with what to watch for after being involved in a car accident and how legal resources may be available to help them with their car accident injuries and damages. One type of injury that is common following an unexpected car accident are soft tissue injuries.

Soft tissue injuries are potentially debilitating injuries that can worsen over time. Soft tissue injuries refer to injuries to the soft areas of the body, such as muscles, tendons and ligaments. They can include sprains, strains and contusions. These issues can cause harm to the victim immediately after the accident and can grow worse as time progresses. They can also be challenging to treat in some instances.

Some of the common causes of pedestrian accidents

Pedestrians are the most vulnerable users of the road because they have little to no barriers of protection in the event of a collision. This is why other road users, such as truck drivers, drivers of private vehicles and cyclists, have the responsibility to be especially cautious when pedestrians are on the road or the sidewalk.

If you have been involved in an accident involving a collision, the fault must first be established so a personal injury claim can be made. The fault will be attributed according to the circumstances. The following are some of the most common causes of pedestrian accidents.

Pedestrian accidents can happen anywhere

A pedestrian accident can occur anywhere, including in rural areas. According to the United States Department of Transportation, 25% of pedestrian accidents occur on rural roads and highways. This means the dangers of pedestrian accidents and the serious and catastrophic injuries they can cause are just as real in rural eras as anywhere else.

Rural roadways can be poorly lit and lack crosswalks. There may be distracted drivers, drunk drivers, drivers under the influence of drugs, drivers who are speeding or ignoring traffic signs or signals, drivers failing to adjust to traffic or weather conditions and drivers who violate a pedestrian's right-of-way who may all cause a pedestrian accident on any type of roadway and be liable to compensate pedestrian accident victims for their injuries and the harm they suffer.

Driver distraction basics in Kentucky

Distracted driving is dangerous and a serious concern on Kentucky roadways and roadways throughout the nation. The National Highway Traffic Safety Administration reports that driver distraction is a primary factor in many car accidents. In Kentucky, during 2014, there were 53,500 distracted driving-related car accidents that resulted in greater than 14,000 injuries and 169 deaths.

Distracted driving accidents are a serious risk on the roadways, which is why it is important that distracted, negligent and careless drivers are accountable for the harm they have caused. A personal injury claim for damages may help victims of distracted drivers recover compensation for their physical, financial and emotional damages, including medical expenses, lost wages and pain and suffering damages.

What types of damages are available in a personal injury claim?

Personal injury legal protections are available to help hold negligent drivers accountable for causing car accidents and for the harm they cause. Personal injury legal protections also help ensure injured victims receive the help they need to focus on the recovery and healing process.

Car accident victims should be familiar with the different types of damages a personal injury claim can help them recover after they have been injured in a car accident. It is no secret that car accidents can be costly physically, financially and emotionally for victims, which is why they should be familiar with personal injury protections and the personal injury legal process. It is designed to help victims recover compensation for their physical, financial and emotional damages through a personal injury claim for damages.

Common reasons for truck accidents

Driving a truck comes with a very important responsibility. Since the average truck weighs 20 to 30 times more than a car, the amount of devastation a truck accident can cause is significant. One small mistake or failure to pay attention for a split second can result in substantial property damage, severe injuries and potentially even death.

Every year thousands of people suffer injuries or lose their lives due to truck accidents. The NHTSA reported 4,102 deaths from large truck accidents in 2017, which is an increase of roughly 100 people from 2016. These numbers have improved significantly since the 1980s, but the death toll for trucking accidents still remains high. It is unrealistic to completely eliminate truck accidents overnight but understanding common reasons why they occur can help prevent this issue from growing.

Wrongful death damages can help families

Wrongful death legal protections exist to protect families who have suffered the wrongful loss of a loved one because of the negligence of another party. Circumstances that can lead to a wrongful death claim for damages can include car accidents, truck accidents, motorcycle accidents, medical malpractice, products liability and some other types of situations as well.

Wrongful death legal protections help surviving family members with the financial and emotional damages they may likely suffer as a result of unexpectedly losing a loved one. It is helpful for family members to be familiar with how a wrongful death claim for damages can help them. A wrongful death claim for damages is brought on behalf of the lost loved one's estate for the benefit of their surviving family members. The damages that may be available depend on the circumstances and characteristics of the victim of certain financial and emotional damages are generally available.

Family files wrongful death suit in train collision

Months after a Grayson County teacher's death in a fatal train accident, the husband has filed a wrongful death lawsuit against the company and the staff seeking monetary damages. In the lawsuit, the victim's husband alleges that the company, Paducah & Louisville Railway Inc., had information that the crossing was unsafe and failed to install safety arms or flashing lights. The suit also declares trees alongside the crossing obstructed the victim's sight of the looming train. The suit named the train's conductor and engineer in addition to the company as all guilty for the mishap.

Reportedly, the 63-year-old Grayson County High School teacher's car was hit on the driver's side by a train last September on the railroad crossing of Blackrock Drive in Grayson County. Her car was hurled 30 feet from the tracks, hitting a guide wire from a utility shaft before whirling a further 30 feet where it rested parallel to the tracks. The railway crossing involved with the accident didn't have any caution lights and arms.

1 dead, multiple injured in multiple vehicle crash on I-24

Last week, a college student lost his life in a multi-vehicle crash on I-24 eastbound in Lyon County, Kentucky. The multiple vehicle crash occurred around 4:30 P.M. on Friday evening and, as a result of it, the eastbound lanes were shut to all traffic through the rest of the day.

According to Kentucky State Police investigators, a tractor trailer driver ran into the slowed to stopped traffic, causing a series of crashes that claimed the 19-year-old student's life and left many others injured.

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