McCoy & Sparks, PLLC


Bardstown Kentucky Personal Injury Law Blog

Who initiates a wrongful death lawsuit?

After a person is injured in an accident caused by another person's negligence, Kentucky and federal laws provide that the injured can seek to recover compensation for their damages through a personal injury lawsuit. The damages recoverable in these cases can be purely economic, such as medical expenses and lost wages, or noneconomic, such as pain and suffering.

The legal process works somewhat differently in the case of a fatal accident. Kentucky law provides for a specialized type of personal injury action known as a wrongful death claim.

Many people are injured in car accidents each year

There are many ways that people in Kentucky get to their destinations, but one of the most commonly used modes of transportation is an automobile. People drive their cars to work, to school, to get groceries, go shopping, run errands, go to different events, see friends and family and for many other reasons. Cars have made getting to various destinations much easier, but it is important that people drive their cars safely. When people do not, car accidents can occur and people can be injured as a result.

In 2018, there were a total of 158,171 car accidents in Kentucky. Out of the total number of accidents 670 of them were fatal accidents which resulted in 730 people losing their lives. There were also 23,591 accidents that resulted in injuries for those involved in the accident, which resulted in 34,774 people being injured. The remaining accidents resulted in property damage only.

What will you do if you spot a drunk driver?

You're driving down the street and doing your best to remain safe when suddenly you spot someone who appears to be under the influence of alcohol.

Your first thought may be to tell the person to pull over or attempt to slow them down on your own. While your heart is in the right place, doing so will only make matters worse.

Basics needed to prove negligence in personal injury case

It is an unfortunate reality that every day in Kentucky people are injured through no fault of their own because of the negligence of others. This can happen in a variety of ways. It could be a car accident, a pedestrian accident, a slip-and-fall type accident and in many other situations. However, no matter how the accident occurs, people can be left with significant injuries, which will require extensive medical treatment. This means that people could also have large medical bills and lose income if they are unable to work, creating a difficult financial situation in addition to the physical troubles.

People who find themselves in this unfortunate position due to the negligence of others may be able to receive compensation through a personal injury lawsuit, but they need to prove the injury was, in fact, caused by another party's negligence. In order to do this, they must first demonstrate that the other person owed them a duty of care. Then they must demonstrate that the other people breached that duty and that breach caused the injury. Finally, they must prove that they suffered economic damages as a result of the negligence.

Who receives compensation in a wrongful death lawsuit?

While all deaths are difficult on the family and friends of the person who passed away, sudden, unexpected deaths can be particularly devastating. One reason is because people have no time to prepare for the death and are facing life without the loved one suddenly. Also, many fatal accidents could have been prevented and the loved one should be living if it were not for the negligence of another person or entity. Losing a loved one in this manner creates many emotional problems as people no longer have the love and support of the loved one, but it can also create financial problems as well, especially if the loved one earned a significant amount of the income for the family.

The family of the victim could potentially receive compensation for their loss through a wrongful death lawsuit. However, since the actual victim of the negligence causing the death has passed away, the lawsuit must be started by the victim's personal representative and there are set rules on who will receive any compensation.

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.


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