Three passenger vehicles and two commercial vehicles were involved in a crash on I-71 in Oldham County, just north of the Jefferson County line, on Tuesday morning. According to Major Jimmie Laytham Jr. of the Oldham County Police Department, 48-year-old Sherri Bray of Pendleton, the driver of one of the passenger vehicles was killed in the crash when a box truck hit her sedan from behind, forcing it under the rear of a semi-truck. Initial investigation has indicated that traffic was slowing or stopped due to road work when the box truck failed to come to a complete stop. Three other people were transported to the hospital for injuries that were considered non-life threatening.

Southbound lanes at the location of the accident were closed well into Tuesday evening, allowing police to thoroughly investigate the scene. Investigators stated that there was no indication that drugs or alcohol were involved and that no criminal charges will be filed. Although traffic due to road construction was likely a factor, it is important to remember that drivers must adjust the operation of their vehicles accordingly. Lower rates of speed and heightened alertness are often necessary to comply with the appropriate standard of care.

If the driver of the box truck failed to operate their vehicle in a safe and reasonable manner given the road conditions, Bray’s estate could potentially have a wrongful death claim against that driver for hitting Bray’s car. KRS 411.130 allows for a party with a qualifying relationship with the deceased, such as a spouse or child, to hold the party who negligently or intentionally caused their loved one’s death liable for damages. Bray’s estate may similarly have an independent claim for negligence.

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Two vehicles were involved in an accident Friday evening when a pickup truck carrying four teenagers struck a stopped semi-truck off the side of Bluegrass Parkway. Witnesses stated that the pickup truck was drifting off into the left shoulder when it took a hard right into the back of the semi. The teens were returning from a basketball game across town when the accident occurred.

One of the teens was pronounced dead at the scene. A second, who had been airlifted to University of Kentucky Chandler Hospital, was pronounced dead after surgery. The driver and third passenger were taken to the hospital with serious injuries. The semi driver also was taken to the hospital as a precaution.

The Anderson County Coroner has stated that drugs and alcohol are not thought to be involved in the crash. Investigators are still trying to figure out the exact cause; while driver error is always a prime suspect, things like mechanical error and product defects should be considered and ruled out. In any event, with a serious accident such as this, a full investigation should be performed, including an accident reconstruction, in order to figure out just what went wrong. No doubt, the friends and family of the victims will have questions and want answers.

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26 year old Bobby Jones received fatal injuries when the vehicle he was driving was side swiped by a vehicle driven by 27 year old Richard Taylor. The vehicle then flipped onto its top and was struck again by a vehicle driven by 62 year old Frank Berry. Jones traveled on U.S. 25 northbound and Taylor traveled southbound. The Jones and Taylor vehicles made contact close to the intersection of Frogtown Road. The Berry vehicle traveled northbound on U.S. 25 as well and collided with the Jones vehicle after it flipped on its top. Additionally, the Jones vehicle then struck 30 year old Chelsie Ketron as a pedestrian as she attempted to render aid.

The details are sparse right now and it is unclear who is at fault for the accident. The investigating police department should be performing a full investigation, including an accident reconstruction, as a matter of routine in such a serious accident. While driver error is always a prime suspect, things like mechanical error and product defects should be considered and ruled out by the investigation.

Hopefully, those who survived make speedy recoveries and all involved get answers to the questions they will certainly have regarding how this occurred.

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A five month old Louisville girl, Avani Ingram, sustained fatal injuries when a pickup truck driven by James O’Bannon ran a stop sign and crashed into the van she was riding in, according to Louisville Metro Police Department. The accident happened at the intersection of 18th Street and Cedar Street. Two other passengers, teenagers Tameka White and Dasia Frazier, were also in the van and injured, as was Avani’s twin sister, LaNiya.

Mr. O’Bannon was driving on a suspended license from a prior DUI. He has been charged with murder, DUI, driving on a suspended license, first degree assault, wanton endangerment and driving without insurance.

This is obviously a tragic accident, and it may only be compounded if Mr. O’Bannon truly did not have insurance that would cover the harms and losses suffered. Uninsured motorist coverage is available in Kentucky and covers someone who is hit and hurt by an uninsured driver, but it is not mandatory coverage, only optional. Unfortunately, far too many Kentuckians drive without insurance and leave those they cause damage and injury to without a way of remedying it unless they protect themselves by purchasing this type of coverage.

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Local authorities are reporting that Felecia Burton, a 40-year-old woman, was killed early Sunday when she was struck by a van on Preston Highway.

The wreck occurred around 4:30 a.m. on Preston Highway near Pinecroft Road. Witnesses have stated that the victim was with several other people from El Rincon Restaurant and Bar. Burton was struck by a Mazda MPV van driving southbound.

In these types of cases it is strongly recommended that an independent accident reconstructionist examine all potential causes anytime a fatality or severe injury occurs. While driver error appears to be the cause, in a case like this, it is appropriate to investigate other potential causes, such as faulty mechanics, poor or flawed design, defects in manufacturing and negligent repairs or maintenance.

We use our blog as a forum to educate the public using real life events. However, we are very sensitive to the fact that these real life events have resulted in a tragedy that will inflict great pain and sorrow on those involved and those close to the victim(s). As such, we understand that they may not approve, and we will immediately remove a post if a victim or their loved ones makes that request.

Louisville Magazine has named one of Bahe Cook Cantley & Nefzger’s own, Vanessa Cantley, as one of Louisville’s top attorneys. The honor was announced in the March 2014 issue of Louisville Magazine.

The award was based on the voting of fellow attorneys in the Louisville area. Ms. Cantley was selected in not one, but two of the magazine’s categories: Medical Malpractice Law and Personal Injury Law. Bahe Cook Cantley & Nefzger is proud of Ms. Cantley’s recognition and her accomplishments in the arena of representing injured plaintiffs and victims.

In an effort to further educate himself and increase the firm’s knowledge in the area, Bahe Cook Cantley & Nefzger PLC partner Will Nefzger attended an American Association for Justice seminar on the emerging Testosterone Replacement Therapy (TRT) Litigation. The seminar offered a thorough examination of the history of the drug, the marketing, the science behind the dangerous side effects, the possible causes of action and the potential defenses by the drug makers.

The overarching theme that arises when examining this drug and its history is that the drug makers essentially created the disease now known as low T. While the drug initially gained approval to treat real medical conditions, like hypogonadism, the pharmaceutical industry began a marketing blitz targeting men who did not necessarily have the medical condition, but were experiencing tiredness, grumpiness, loss of sexual drive and other “symptoms.”

The problem is that now studies are showing that the TRT drugs have far more of increased risks than the drug makers have ever warned of, including heart attacks, strokes and severe, life-threatening blood clots. We continue to evaluate and accept these cases.

Alexandra Bush, 17, of Grayson, Kentucky and a senior at East Carter High School, sustained fatal injuries when she was ejected from the Chevrolet Blazer she was riding in. Paige, as she was known, was a passenger in the Blazer driven by 41 year old Carmel Maggard. He and another passenger sustained severe injuries.

The wreck happened when a car traveling westbound on U.S. 60 crossed over the centerline and crashed into the Blazer. The crash sent the Blazer into a barrier wall, and then into the westbound lane of traffic where it overturned and was struck again by another car.

Although it is early on, it appears that driver error by the westbound car’s operator may be the cause of the accident. There is no indication of other causes at this time or what exactly caused the car to cross the centerline. In any event, with a serious accident such as this, a full investigation should be performed, including an accident reconstruction, in order to figure out just what went wrong. No doubt, the friends and family of the victims will have questions and want answers.

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The National Highway Traffic Safety Administration (“NHTSA”) announced that Graco is recalling 11 models of car seats. The recall affects approximately 3.7 million car seats, one of the largest recalls of car seats ever. Graco said the recall impacts all harness buckles used on “all toddler convertible car seats and harnessed booster seats manufactured from 2009 to July 2013.”

Graco car seats contain a red release button which can be very difficult to unbuckle, or become stuck altogether. The fear is that it would take additional time to remove a child during an emergency.

Graco announce it was offering a new replacement buckle at no cost. People can obtain one by calling 800-345-4109 or emailing consumerservices@gracobaby.com. The recalled models are as follows: the Cozy Cline, Comfort Sport, Classic Ride 50, My Ride 65, My Ride 65 with Safety Surround, My Ride 70, Size4Me 70, My Size 70, Head Wise 70 and Smart Seat. The harnessed booster seat models that are part of the recall are as follows: Nautilus 3-in-1, Nautilus Elite and Argos.

The U.S. Consumer Product Safety Commission (CPSC) is calling for a renewed search for cedar chests with lids that automatically latch shut when closed. Recently a Franklin, Mass. brother and sister suffocated inside one of the chests after they climbed inside and the chest automatically latched shut. The CPSC and Lane Company, Inc. are asking consumers to check their “Lane” and “Virginia Maid” brand cedar chests.

An initial recall of 12 million Lane chests with latches that automatically secure the lid when closed took place almost twenty years ago. The 1996 recall included reports of six children suffocating to death and a seventh suffocation death and two near fatalities occurred between 1996 and 2000.

The old style latches on all “Lane” and “Virginia Maid” brand cedar chests manufactured between 1912 and 1987 need to be replaced. The company now offers new latch/locks free of charge that prevent children from being trapped inside.