Articles Posted in Auto Accidents

A utility van and minivan were involved in a wreck on the 3300 block of Fern Valley Road just before 9:00AM Thursday morning. The two-vehicle crash caused the road to be shut down for several hours while officers investigated the wreck.

A nine-year-old girl who was secured in a booster seat in the mini-van was injured in the wreck. She was taken to Kosair Children’s Hospital where she remains in critical condition. Her mother, who was driving the minivan, was taken to University of Louisville hospital where she was treated for non-life-threatening injuries. The driver of the utility van walked across the street to be treated for minor injuries at the immediate care center.

Louisville Metro Police Department spokesperson Alicia Smiley stated that the utility van was pulling out of a parking lot onto Fern Valley Road when it collided with the minivan. The utility van was overturned by the impact.

The details are sparse right now and it is unclear who is at fault for the wreck. If the driver of the utility van failed to operate their vehicle in a safe and reasonable manner under the circumstances, the victims in the minivan could have a negligence claim against the utility driver for physical injuries and property damage.

The investigating police department should be performing a full investigation, including a reconstruction, as a matter of routine in such a wreck. While driver error is always a prime suspect, things like mechanical error and product defects should be considered and ruled out by the investigation.

Kentucky State Police investigators say the Stanford Police Department officer who hit a pedestrian with his cruiser last winter was determined to be traveling at a high rate of speed at the time, but will not be facing criminal charges.

The Lincoln County coroner says Howard Robbins, 69, of Crab Orchard, was walking along KY150 on the night of Jan. 15 when Officer Travis Richardson hit him. EMS took Robbins to the Hospital where he was pronounced dead.

According to the Interior Journal, KSP say Richardson was traveling 90 mph when he hit Robbins. The speed limit is 55 mph in that area. While Officer Richardson was not on duty, he was on his way to work at the time of the collision. The cruiser’s dash-cam captured the wreck. This assisted the police with their investigation.

The Commonwealth Attorney said he would not file criminal charges against Richardson.

“I just don’t think there’s enough there to charge him as a criminal. There was speed but there was no alcohol or drugs. I don’t think there’s enough there to convict him beyond a reasonable doubt of a criminal offense. Now there might be a civil offense,” Montgomery told the Interior Journal.

It remains unclear why Richardson was driving so fast. What is clear, however, is that this person’s carelessness has resulted in death, and the family deserves answers.

It is quite obvious, due to the Officer traveling at almost double the speed limit; that he failed to operate his vehicle in a safe manner. Robbins’ estate could potentially have a wrongful death claim against the driver for hitting him. 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. Robbins’ estate may similarly have an independent claim for negligence.

Stanford Mayor Eddie Carter said a hearing is scheduled June 30.

The attorneys at Bahe Cook Cantley & Nefzger represent accident victims and people seriously injured as a result of someone else’s negligence. Feel free to call and speak with one of our attorneys at (502) 587-2002.

Bourbon County Middle School’s first day back after the Memorial Day Holiday was a somber one. It was the first day back after a tragic car wreck claimed the life of one of their fellow classmates.

13-year-old Emily Sams was killed in a car crash Saturday morning. The crash occurred on I-64 in Scott County, Kentucky. Emily, along with her mother and father, were in their pickup truck when a Camry ran off the road, overcorrected, and struck the Sams’ vehicle. Both vehicles rolled and Emily was ejected.

The Scott County Coroner told LEX 18 that Emily was not wearing a seatbelt at the time of the accident. Her mother is in critical condition at UK hospital and her father appears to be stable. Those in the Camry were not injured.

While the holidays are often a time to celebrate, this tragedy serves as a reminder to operate our vehicles in the safest manner possible. Although it appears that driver error is to blame here, a full and complete investigation is required to determine if any other potential causes, such as mechanical failure or defective equipment, played a role. If it is determined that the driver of the Camry was not operating his vehicle with reasonable care, he may be liable under a theory of negligence for the damages he caused.

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.

I-75 was shut down for more than 9 hours on Tuesday. Around 11:15 p.m. it was finally reopened. The cause of the closure was a horrific accident involving six tractor-trailers and one car, which resulted in two deaths. Janet Montgomery, who was inside one of the six tractor trailers, said of the accident, “You don’t see stuff like this every day, it’s not something that you want to see.”

Kentucky State Police Vehicle Enforcement said the cause of the crash has not been determined, but it appears to have happened when traffic slowed in a construction zone. The last to hit was a FedEx semi, which burst into flames and killed the driver, 41-year-old Toby Caudill of Glenford, Ohio.

In the middle of the six tractor trailers was a car. The operator of the car, 34-year-old Jonathan Roark, was pronounced dead on the scene. He was a military man from the Barbourville area. A third driver was injured in the collision and was taken to the hospital with minor injuries.

This tragic event is a reminder that drivers need to be alert while being behind the wheel in order to operate their vehicles in a safe manner. While the investigation into the cause of the accident is still ongoing, if any of the drivers are found to have breached the standard of care in operating their vehicles in a safe manner, the drivers, or their estates, could be liable for the damages that resulted.  But there are many more questions to be answered. The injured and their families deserve those answers.

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.

Troopers are investigating a two-vehicle accident in Madison County where one person died and several others were injured.

Jacks Creek Road was shut down from 5 pm into the late evening hours, on Tuesday, as investigators reconstructed the accident.

According to Kentucky State Police, one car, with two men and two women, was heading east toward Richmond when it crashed into another car with only one person in it.  The woman in the passenger seat of the first car was pronounced dead on the scene. Police say another person from that same vehicle had to be flown to UK hospital. The three others involved went to the hospital by ambulance.

Investigators are still looking into what caused the accident. The family and friends of those involved in this horrible crash deserve answers. If it is determined that negligence played a role here, those at fault will face legal consequences. It is important to retain an attorney who will work hard to obtain these answers.

The attorneys at Bahe Cook Cantley & Nefzger represent accident victims and people seriously injured as a result of someone else’s negligence. We are willing to speak to anyone injured in this wreck, or their families, at no charge, to help answer any questions about the legal process.

3 Metcalfe County High School Students were involved in a crash on Friday, 5/15. This crash tragically ended in one death, and left two others in the hospital.

According to Police, around 7:30 am, 17-year-old Jacob White went off the road and over corrected his vehicle, causing it to flip. Passenger, 15-year-old Trevor Meadows, was ejected from the vehicle and taken to the hospital, along with one additional passenger, Jackson Colby Blair.  The driver, Jacob White died at the scene.

This is a devastating reminder of the need to operate our vehicles in the safest manner possible. Although it appears that driver error is to blame here, a full and complete investigation is required to determine any potential causes, such as whether mechanical failure and defective equipment or parts, played any role. The survivors, as well as the friends and family of those killed, will want and deserve answers. If it is determined that the driver was not operating the vehicle with reasonable care, he may be liable for damages and claims against his estate may be brought by the survivors.

Retaining an attorney to fight for these answers may be the best way to get them. The attorneys of Bahe Cook Cantley & Nefzger are willing to speak to anyone injured in this wreck, or their families, at no charge, to help answer any questions about the legal process.

A fatal accident involving five vehicles shut down all lanes of I-64 in Shelby County on Wednesday, May 13th.

According to Kentucky State Police, 5 vehicles, one of which was a tractor trailer, were heading west on I-64 when traffic slowed for a motorist assist. KSP trooper said the tractor trailer failed to reduce speed which resulted in a collision between it and a passenger car. This led to a chain reaction causing the involvement of 3 additional vehicles.

Three people were taken to Shelbyville Jewish Hospital for minor injuries; however, the driver of the vehicle struck by the tractor trailer was tragically pronounced dead on the scene. This is a devastating reminder of the need to slow down and maintain your vehicle with reasonable care in order to avoid fatalities like this.

The driver of the trailer has been identified and criminally charged. If it is determined that the driver was not operating his vehicle in a safe manner, then he will not only be criminally prosecuted, but will be liable for the injuries and death that resulted.  If the driver is considered reckless, the possibility of punitive damages will follow. It is imperative that these victims and their families get answers. Retaining an attorney to fight for these answers is often necessary.

The attorneys of Bahe Cook Cantley & Nefzger are willing to speak to anyone injured in this wreck, or their families, at no charge, to help answer any questions about the legal process.

A trial in South Georgia concerning the death of a four year old boy is renewing debate over Jeep safety. Remington Walden died in the backseat of his family’s 1999 Jeep Grand Cherokee when the car erupted in flames after being rear-ended at an intersection. The family’s lawyers allege that the carmaker has long been aware of the fatal defects that caused the child’s tragic and painful death, including the fuel tank placement just 11 inches from the rear bumper.

BCCN reported in October of 2009 that the Jeep Grand Cherokee fuel tank was 400% more likely to cause a fire and endanger or kill the vehicle’s occupants than other SUVs.  The Center for Auto Safety had at the time asked the National Highway Traffic Safety Administration to recall all such cars made between 1993-2004, asserting that data showed that these cars were 4 times more likely to result in a fatal fire during a crash than other sport utility vehicles. The government currently links at least 70 deaths to these vehicles’ defects.

Fiat Chrysler recalled more than 1.5 million vehicles, including all 2002-2007 Jeep Liberty models as well as the ones suggested years earlier by the Center, under government pressure in June 2013. The company continues to insist that the vehicles met safety requirements at the time they were built, and that they were not defective. Sergio Marchionne, Fiat Chrysler Automobiles CEO, stated in a deposition that the company believes that the cars are no more susceptible to fire than other SUVs.

BCCN is currently reviewing and accepting defective Jeep and SUV cases resulting in a fuel tank explosion on a nationwide basis.

A Jefferson County Public School bus was rear-ended the morning of Friday, February 6, while transporting elementary school children to their morning bus transfer depot. Fifteen children were transported to Kosair Children’s Hospital; the bus driver and two children were taken to Sts. Mary and Elizabeth Hospital, where police say they will be kept for treatment and observation.

An 18-wheeler rear-ended the bus, pushing it into an unmarked Shively police car. The bus was carrying 36 passengers at the time. The incident occurred as all vehicles were heading south on Cane Run Road, near Clarinet.

If the initial reports are accurate, the driver of the tractor-trailer will be found at fault, and those injured in the crash will have claims against the driver and his trucking company, if any. While driver error seems the most likely cause, a full and complete investigation should be performed to determine exactly what the contributing factors were and answer all the questions those injured, and their families, will have as to why and how this incident occurred. It is always possible that a mechanical failure, defective maintenance or repair, or some other condition was the cause of the wreck. Hopefully, all of those injured make a full and speedy recovery.

GM announced yesterday that nearly 3.4 million more vehicles will be recalled in light of its review of ignition switch issues following the first set of recalls affecting 2.6 million cars earlier this year. This move brings the total number of vehicles recalled by GM this year over 20 million.

GM admitted in February that its engineers first knew of the ignition switch issues as early as 2004, leading to an investigation into the nearly 11-year delay in recalling the faulty vehicles. Less than two weeks ago, GM announced its decision to dismiss 15 employees, and to discipline 5 additional employees, in wake of the three-month investigation by former federal prosecutor Anton Valuka. While Valuka’s report did not reveal a conspiracy by the corporation to cover up relevant facts over the 11 year delay, it did point to “a pattern of incompetence and neglect” throughout the company, especially in regards to the 20 employees the report found to be the most at fault.

At least thirteen deaths have been attributed to the faulty ignition switch, which can fall out of the “run” position while the vehicle is in operation, shutting down crucial safety features such as airbags. The National Highway Traffic Safety Administration has indicated that the number may, in fact, be much higher.

The company’s CEO, Mary Barra, has said that GM will voluntarily create a program to compensate those who have suffered injuries or death due to the defective cars, but she has not indicated how large that fund may be. According to GM president Dan Ammann, compensation expert Kenneth Feinberg will be in charge of determining who is eligible and to what extent. Feinberg will also be responsible for determining whether there have been more than 13 deaths caused by the defect.

GM is set to start accepting claims on August 1. Bahe, Cook, Cantley & Nefzger, PLC is currently seeking damages for a client who sustained injuries in a motor vehicle accident caused by the faulty ignition and air bag deployment. We are also currently reviewing and accepting more of these claims.