A 49-year-old woman recently lost her life in a pedestrian accident that has made national news. Though pedestrian accidents happen every day throughout the country and even here in Kentucky, this incident is note-worthy for one unique reason: the vehicle that struck the woman was self-driven.
The freedom that a Kentucky resident enjoys while riding their motorcycle may bring them a great amount of joy. Riding a motorcycle allows a person to feel nature as they travel down the road because they are not separated from the world by the frame of a car. They may take pleasure in their motorcycle's maneuverability and relish in the quick manner that the vehicle accelerates.
A wrongful death action brought after the death of a Kentucky resident must be filed by the personal representative of the decedent's estate within one year of the individual's death. Once the matter is filed and the sides have pleaded their cases to a court, a judge will offer a ruling that either accepts the plaintiff's or defendant's claims. If the complaining side wins, there are a number of beneficiaries who may recover damages from the defendant.
Some personal injury damages are easy to quantify. For example, when a Kentucky resident is hurt in a car accident and requires medical treatment, the bills that they incur from hospitalizations, doctor visits, prescriptions and other accident-related care may be added up and included as losses in a claim for damages. Similarly, if the victim has to miss work in order to recover from their ordeal, they may claim their lost income as damages as well.
Most drivers understand that the actions they take while operating their motor vehicles can impact how others on the road react and choose to maneuver their own vehicles. For example, when a driver is reckless and makes rash decisions, it can be difficult for others to safely and correctly anticipate how to avoid them. Very recently, a dangerous situation occurred on a Kentucky highway and, due to the careless and irresponsible actions of a driver, an innocent individual has lost their life.
Each day that a Lexington resident wakes up and climbs out of bed, there is no way to anticipate the challenges and complications that they may face as their mornings begin. For most people, days unfold in predictable patterns as they engage in the normal activities that require their time, such as taking their kids to school, going to their places of employment to do their work, and returning home to make dinner and spend quality time with their families. For some, though, significant incidents happen and throw their lives into turmoil.
Every year, thousands of car accidents involve drunk drivers, and many people believe that a drunk driver is always at fault in an accident. Unfortunately, this is not always true. If you recently experienced a car accident with a drunk driver, it's important to fully understand the facts of your accident, especially if you suffered an injury.
Most people understand that commercial vehicles, like eighteen wheelers and semi-trucks, pose a serious risk to other drivers on the road. As we pointed out in another blog post, the average driver takes great care to avoid blind spots on trucks, which means not driving close to the sides or close behind big vehicles. People try to pass and give wide berth to commercial vehicles, when possible, to reduce the potential for an accident.
Every year, approximately 5,000 pedestrians die after an impact with a car. Studies conducted in 2012 indicate that at least 76,000 pedestrians suffered injuries after an accident involving a motor vehicle. Many of these accidents occur when people try to cross highways on foot. However, many pedestrian accidents occur when people cross the street using a protected cross-walk or simply while walking down the sidewalk.
Last time, we began looking at the differences between personal injury, wrongful death and survival claims. As we noted, each of these causes of action may be available after a motor vehicle accident, depending on the facts and circumstances of the crash. In cases where a fatality occurs, both wrongful death and survival actions should be considered.