Tragic car accident in Russel Springs kills one child, severely injures another
In an incredibly tragic turn of events, two children in Russell Springs, Kentucky were run over by a car yesterday after a birthday party, according to reports from the Courier-Journal. One child, only four years old, was killed in the accident, while another, 8, was airlifted to Kosair Children’s hospital in Louisville. The Kentucky State Police are investigating the accident. In a statement by KSP, Trooper Billy Gregory reported that the children were struck by a woman driving a car at about 6:38 p.m. CST while they played in a front yard. According to KSP the woman was there to pick up her own child from the party. She has not been charged and the accident remains under investigation.
Automobile accident attorney, Brian D. Cook, gives us some analysis on what little is known about this tragic event. Prior to the completion of any investigation by KSP, it is hard to tell who may be at fault for this accident. However, it is clear that drivers have a general duty to look out for pedestrians. Certainly, if the children were playing in the yard, there does not appear to be any permissible reason for this driver to have struck the kids. Sometimes, children are injured as pedestrians in what are known as “dart-out” cases. That is, when they run out into the street, sometimes obscured by vehicles parked on the side of the road. Whether that scenario may have happened here is unclear at this point.
In Kentucky, children under the age of 7 a considered to be legally incapable of contributing to the fault of any accident that might harm them. However, as Kentucky is a pure comparative negligence state (that is, any number of people can be at fault for any percentage of an accident), another element to the accident while be the responsibility of the parents or other adults supervising these kids at the party. Particularly with the four year old, the question will be asked: was there sufficient supervision of the kids while they were playing in the yard?
In addition, despite the fact that this accident involves only one car and two pedestrians, many if the ways in which the insurance issues involved will be handled the same as if this was a common two-car automobile accident. Among other things, the children will be entitled to PIP or “no-fault” payments. The deceased child’s estate will be entitled to survivor PIP benefits, while the child in the hospital will be entitled to PIP benefits to cover the cost of medical expenses from the hospital and other medical providers. The PIP will be provided by the insurance carrier for the woman who struck the children, as PIP coverage follows the vehicle. Obviously, the children’s families might seek the liability coverage on the driver’s policy. Because of the severity of the injuries, including the fatality, it is unlikely that this driver will have adequate liability coverage for these losses. Therefore, the families may have to look to their own underinsured motorists policies that they may have on their own vehicles. For more on this kind of coverage, look here. Finally, there may also be issues that would pull the homeowner whose yard the children were playing in into the mix. There might be a possible claim on the homeowner’s policy of that family.
If you have questions about PIP coverage, underinsured motorists coverage, pure comparative negligence, or any of the other issues mentioned in this blog post, contact Brian D. Cook at Bahe Cook Cantley & Nefzger PLC.
