According to a local news report, one man was killed and four people were injured as part of a two-vehicle crash. Apparently, early last week 911 dispatchers were called to an accident scene near KY 207 and KY 503. The driver of one of the vehicles had veered out of his lane into the center lane, subsequently crashing head-on into a truck.
Unfortunately, the driver of the vehicle that swerved out of the lane was hurt, along with an adult and two children in the other vehicle. The adult woman is suffering from a collapsed lung, and one of the children broke a jaw. They were flown to different hospitals. All surviving parties are scheduled for several surgeries.
A Greenup County Sheriff explained to local news reporters that no charges are going to be filed because the accident was not the result of intentional conduct, according to the police.
Civil Negligence Cases
In the above case, the state is not likely bringing a case against any of the parties because it does not believe that any of the actions were intentional. Even though the state is not bringing a criminal case, a civil lawsuit can be brought by the victims of this incident. A criminal finding against a defendant makes a civil case easier to prove, but it is not a necessity in bringing a suit or being successful in recovering damages. For example, the victim's family may want to sue the man who veered into the center median.
To successfully bring a claim of negligence in Kentucky, certain elements must be met. First, one party must be severely injured or dead. This injury or death must have been caused either with the intent to cause harm or by another's negligence. In this case, it is unclear which party was at fault. However, there were a series of actions that led to a death and some severe injuries.
Comparative Fault in Negligence Claims
Kentucky is a pure comparative fault state. In states like Kentucky, the plaintiff-victim can still recover some amount of damages even if he or she is partially at fault. In Kentucky, a plaintiff's damages award is reduced by his or her percentage of fault.
In this case, for example, even if the man who crossed into the middle lane is found negligent, the other party may still be held liable as well. If, for instance, the truck driver was found to have the high beams on during an inappropriate time, and it distracted the car driver and caused him to not be able to see the road, the truck driver would still be able to recover, although his damages would likely be reduced.
Have You Been Involved in a Traffic Accident Due To Another's Negligent Driving?
If you or a loved one has been involved in a traffic accident because of the negligence of another and suffered injuries as a result, please consult with one of our experienced attorneys. You may be eligible for past and future medical expenses, as well as pain and suffering related to the incident. Please contact 502-583-2300 to schedule a free initial consultation.
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