January 17, 2012

Louisville, Kentucky Car and Truck Pile Up Accident After Tornado Claims Life

The aftermath of the tornadoes that struck the Louisville are turned deadly on the Gene Snyder Freeway (I-265) when a line of vehicles slowed by overturned tractor-trailers caused by 95 mile per hour winds was slammed into by a van traveling at a high rate of speed. This set off a chain reaction that resulted in the death of a passenger in the first vehicle, a Chevy Impala, and serious injury to its driver. The Impala struck a Toyota Camry, and the Camry then struck a Hyundai SUV. The drivers of both of those vehicles were injured as well.

There are many questions here, the most obvious one being why the driver of the van could not appreciate that traffic was slowed or stopped in front of him. Of course, driver error is the first cause that jumps to everyone's mind, but there are other possible factors that must be explored. Faulty mechanics, design or manufacture flaws and defects and negligent maintenance or repair are just a few of the possibilities. Car and truck wrecks, such as these, also often involved complex questions of law regarding insurance coverage.

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.

January 15, 2012

ATV Case Settles For 2.7 Million

A wrongful death lawsuit filed in federal court involving an all-terrain vehicle (ATV) crash has settled for 2.7 million dollars.

Tragically, the incident involving the ATV killed 19-year-old Jonathon Byram, a college student during an Independence Day party in 2009. Mr. Byram was a passenger on the vehicle driven by Mark Renehan, a college student from Connecticut – the ATV flipped while they were both on it.

Mr. Renehan was charged with homicide while driving under the influence and involuntary manslaughter. A jury later acquitted him. However, the family of the deceased boy filed a lawsuit, claiming Mr. Renehan was intoxicated and driving at fast speeds.

The suit claimed the family of Mr. Renehan, who owns a cluster of homes around Minkler Mountain Road in Manchester Twp. where the crash happened, served alcohol to them on a "continuous basis" over several hours leading up to the wreck.


January 13, 2012

Dramatic Police Car Chase In Louisville, Kentucky Results In Accident And Turns Deadly

A chase by a Louisville Metro Police Department police officer on Dixie Highway resulted in a crash that killed one of the two individuals in the car being chased and a pedestrian. The LMPD officer pulled the vehicle over suspecting it was stolen, and it had been. The office attempted to stop the car, but it fled and the chase ensued.

The chase lasted for only about three minutes and covered about one mile. It ended when the car struck a utility pole and flipped. In the process, it struck 51 year old Audrey Brandon, who was on her way to school at the college she attended. Ms. Brandon suffered fatal injuries. In the car were a pair of 17 year olds. One, identified as Tachone Harrison, was ejected from the vehicle and also sustain fatal injuries. The other 17 year old was taken for treatment.

The wreck is under investigation and the investigation will include questions about whether the chase was appropriately conducted. Guidelines exist that restrict when a police officer may engage a suspect in a chase and continue a chase after it starts. Generally, if it becomes apparent that the chase would pose to great of a threat to innocent bystanders as compared to the necessity of apprehension, it must be abandoned. A police office may even be prosecuted criminally for his/her actions in addition to whatever civil responsibility he/she may bear.

It is not yet known what speeds were reached, but the utility pole the stolen car struck was cracked and wires were left hanging or drooping. Hopefully, for the sake of those involved and the family and loved ones of the deceased, a full and complete investigation will be performed and all of the contributing factors are discovered and reported. Furthermore, hopefully any of those found to have been careless and reckless are ordered to fully compensate those that they have harmed for the losses they have created.

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.

December 31, 2011

Lancaster, Kentucky (Garrard County) Car And Truck Accident Kills Danville, Kentucky Man

35 year-old Juan Johnson of Danville, Kentucky suffered fatal injuries when his 2002 Buick crashed with a box truck on U.S. 27 in Garrard County, Kentucky. The box truck driver was injured and taken for hospital treatment. There are not many details about how and why the wreck occurred. It happened at around 4:40 a.m.

Hopefully, for the sake of those involved a full and complete investigation is performed and answers are given to the family and loved ones who must be asking how something like this could have happened. Of course, driver error is always a leading cause, but all possible factors should be explored. Obstructed vision, faulty mechanics, defects in manufacturing, crashworthiness and careless repair or maintenance are just a few.

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.

December 23, 2011

Lexington, Kentucky (Fayette County) Car Accident Claims One Life And Injures Others

20 year-old Ashtin Strelke of Louisville died as a result of injuries he received in a crash on Leestown Road in Lexington. Mr. Strelke was a passenger in a 2001 Acura driven by Richard Beasley. Mr. Beasley apparently lost control of the vehicle and spun into the path of an oncoming vehicle, which broadsided the car on the passenger side. William Leach drove the oncoming vehicle, a 2003 Mercury Mountaineer. Both Mr. Leach and Mr. Beasley suffered injuries.

It is not apparent why Mr. Beasley lost control of the Acura. An accident reconstructionist with the police is investigating the accident. Hopefully, for the sake of those involved a full and complete investigation is performed and answers are given to the family and loved ones who must be asking how something like this could have happened. Of course, driver error by Mr. Beasely seems to be the leading factor here, but all possible factors should be explored. Obstructed vision, faulty mechanics, defects in manufacturing, crashworthiness and careless repair or maintenance are just a few.

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.

December 19, 2011

Muldraugh, Kentucky (Meade County) Car And Truck Accident Claims One Life And Injures Two

35 year-old David D. Pandy III of Vine Grove, Kentucky was killed when the 1996 Honda Civic he was driving crossed over the centerline of Dixie Highway and struck a 2005 Honda Accord driven by Vonda Carnegie. Then, the Accord struck a Dodge pickup truck driven by Karen Vuturo and the Civic crossed back into its original lane and struck a 2000 Ford Focus. Ms. Vuturo and Ms. Carnegie were both injured.

The crash is under investigation and a cause has yet to be determined. The factors that should be explored include not only driver error, but distracted driving, drunk driving, obstructed vision, faulty mechanics, defects in manufacturing, crashworthiness and careless repair or maintenance, to name a few. Hopefully, the investigating agency performs a full and complete investigation and provides answers to the victims of this accident and/or their loved ones. Let's also hope that the responsible party(ies) have adequate insurance policies in place or other assets to cover their liability.

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.

December 8, 2011

Southern Indiana Car Accident Near Horseshoe Casino Results In Fatality And Injuries

23 year old Miles Nachand from Elizabeth, Indiana sustained fatal injuries when the car he was a passenger in struck a tree. 22 year old Benjamin Schreck from Laconia, Indiana was driving the Honda Civic on Ind. 111 near Horseshoe Casino. Mr. Schreck apparently lost control of the vehicle when attempting to overcorrect after going off of the roadway. The Indiana State Police are investigating and have identified speed as a factor. They are awaiting the results of a toxicology test to determine if drugs or alcohol played any role.

This is obviously an unfortunate accident and our hearts go out to the friends and family of the victims. Many questions come to mind when learning of a wreck like this one and hopefully the investigation answers them all completely for the sake of the families.

I have represented at least one client who was severely injured in a crash in the same area, and it involved someone coming from the casino. Additionally, factors other than those that focus on driver error should be explored. Did faulty mechanics, defects in manufacturing, crashworthiness and careless repair or maintenance play a role?

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.

December 2, 2011

I-65 Car Accident Claim Life of Barren County Man

77 year-old William C. Ellis of Park City, Kentucky sustained fatal injuries when the car he was driving struck an unoccupied, disabled vehicle on I-65 in the emergency lane. It happened at around 4:00 p.m. Our sympathies and condolences go out to Mr. Ellis' friends and family.

There is not much detail in media reports of this accident, but what is known only begs many more questions about how this accident happened. It is unclear why Mr. Ellis struck this vehicle that apparently was not in the roadway. Of course, one explanation is driver error on the part of Mr. Ellis, but there could be a host of reasons this happened that having nothing to do with his actions. Obstructed vision, faulty mechanics, defects in manufacturing, crashworthiness and careless repair or maintenance are just a few.

Any time an accident like this happens, there needs to be a full investigation to figure out how and why it happened. Hopefully, for the sake of Mr. Ellis' surviving friends and family members, that is what will happen.

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.

December 1, 2011

Bardstown, Kentucky (Nelson County) Car Accident Results In Fatality Of University Of Kentucky Professor

Professor Stanley Rosenbaum, 71, of Lexington, Kentucky apparently drowned after his car struck a stalled vehicle in high water on the roadway and then careened down an embankment and became submerged in water. The Nelson County Sheriff sad that no one witnessed the accident. Prof. Rosenbaum taught at the University of Kentucky in the Jewish Studies program.

Media reports are sparse on this, but the comment by the sheriff is striking. It begs the question: where was the person whose car became stalled in the high water. Why didn't they witness the accident.

It is almost universally accepted that if you rear-end someone, you are at fault for the accident. However, like all rules, there are exceptions. This may be one of them. Based on what is now known through media reports, it appears that someone may have abandoned their car and left it just sitting somewhere that caused a hazard. Also, I can't help but think of the warnings that seem to have become ubiquitous whenever heavy rainfall and flooding is occurring not to attempt to drive through water. It appears someone disregarded this principal and created a hazard. Hopefully, a full and complete investigation will take place, so that the full story becomes known.

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.

November 27, 2011

Pedestrian in Drunk Driving Auto Accident Dies

In another tragic story, Louisville man Frank Smith has passed away after being struck by a drunk driver this past Wednesday, Novermber 23. Mr. Smit hwas only 45 years old. He was pronounced dead at University of Louisville Hospital at 5:47 a.m. of multiple blunt force trauma injuries. The drunk driver was James R. Brown, also of Louisville, was was arrested that morning and charged with DUI and 1st degree assault. According to the citation, Brown was driving north on 34th street near Del Park Terrace. The accident happened at about 1 am. Brown's blood alcohol concentration was at .17 when tested, over twice the legal limit.

First, our thoughts and prayers go out to Mr. Smith's family during this holiday season. However, as we often do on this blog, we would like to offer a little analyis of this tragic accident. Many people are not aware that motor vehicle vs. pedestrian cases are treated in large part just the same as motor vehicle vs. motor vehicle cases in terms of the insurance coverage and how the accident is handled. The liability coverage of the at fault driver will be the primary coverage for the victim. The victim's own Underinsured Motorists Coverage (or Uninsured Motorists Coverage, if the driver did not have insurance) will be secondary coverage. Particularly in the case of pedestrian cases where the damage can be so much worse, Uninsured or Uninsured coverage will be very important. The only difference with a vehicle vs. vehicle case, really, is that the Personal Injury Protection (PIP) coverage will actually be covered by the driver's policy. This is different from the car vs. car scenario where the victim's own PIP coverage would be primary for his medical and lost wages. This accident obviously involves the additional tragic element of a death, and so the Kentucky Wrongful Death Statute would also come into play. This would not really affect the way that the insurance coverage would be handled up front, but would affect how any recovery of money might be distributed amongst Mr. Smith's family and relatives.

As with any auto accident case or wrongful death case, the details can be very important. From conducting an accident reconstruction, to interviewing witnesses, to dealing with all of the various insurance coverages, there is a lot to handle. These cases should only be handled by attorneys that are competant in this type of law.

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