Crossing the Centerline Accident Kills One Near Radcliff, Kentucky
A 19-year-old crossed the centerline and struck an oncoming vehicle operated by a 28-year-old man, who lost his life as a result of the accident. The accident took place around 8 am on Tuesday, May 9, 2023, and the location of the accident was Joe Prather Highway in between Radcliff, KY and Lebanon Junction, KY. The 19-year-old was taken to U of L Hospital with non-life-threatening injuries.
What claims can be made as the result of this Radcliff, KY accident?
It appears from the facts reported by the state police, that the 19-year-old is the sole cause of this accident. Assuming that to be true, what claims can be made as a result of this accident. The most obvious claim is a wrongful death claim on behalf of the estate for the 28-year-old who died in the accident. The estate is entitled to the projected earnings of the 28-year-old over his lifetime had he lived a normal life expectancy. Normally, this is the most significant claim in a wrongful death suit.
Other claims that could be made include a loss of consortium claim by the spouse of the man who died in this accident assuming he was married. This claim is for the loss of companionship and services of the man to his wife over his lifetime. If the 28-year-old had children under the age of 18, then they could make a loss of consortium claim for loss of companionship and services during their childhood. Claims can be made for medical expenses, pain and suffering (if it is proven that the decedent consciously survived for a period of time aft the accident), and funeral expenses.
Don’t take for granted the danger involved in driving a vehicle.
When someone dies in an auto accident like the one described above, it is a reminder that life is fragile and people driving machines weighing thousands of pounds and being driven at a high rate of speed is a dangerous activity. Human nature causes us to take for granted that we will arrive at our destination safely. We should be on high alert and watch other drivers carefully to avoid contact with them.
After 47 years of driving, I know that I have avoided several centerline accidents by noticing the car approaching me to de drifting and using my horn to alert them to this fact. We have no idea of whether the 28-year-old in the above accident had this opportunity, but his accident can serve as a lesson to us all to always give 100% of our attention to what we can see in front of us. In today’s world, the presence of the cell phone has led to more distracted driving than in the past and we need to understand that as we drive each day.
Insurance Limits the Recovery of Auto Accident Injury Claims
Above, I describe the claims that may be made as a result of this deadly accident in Radcliff, KY. Unfortunately, these claims can only be successful if there is sufficient insurance available to pay them. The minimum liability insurance in Kentucky is $25,000.00 for one person’s claim and $50,000.00 for more than one persons’ claims. It is my understanding that more than half of the driver’s in Kentucky have the minimum liability coverage due to the expense of insurance. What kind of insurance limits do you think the 19-year-old in the above accident can afford. Unless the vehicle belonged to his parents, it is likely he has the minimum insurance limits. If you have suffered significant injuries in an auto accident, the minimum limits will not come close to satisfying your claim.
If you purchase underinsured motorist coverage on your vehicle, you can add to the insurance available to you for your injury claim. If you have not purchased underinsured motorist coverage, then you are limited to the liability insurance available from the at fault driver. There are many people driving on Kentucky roadways that have no insurance. Even though you must prove that you have insurance on your vehicle when you register it, many people will purchase the insurance on a month-to-month basis and then stop paying for it. Others, simply never register their vehicle. Regardless, if you want to be protected from uninsured drivers, you need to purchase as uninsured motorist insurance as you can afford. Fortunately, uninsured motorist coverage and underinsured motorist coverage are relatively cheap coverages.
I have represented the estates of people killed in auto accidents and there is only $25,000.00 of insurance available for the claim. The reality for most claims is that you are limited by the insurance available. Some people may ask about making a claim against the assets of the at-fault party. However, that is normally not a viable option for several reasons. If the at-fault party has insurance, you want to recover that insurance and to do so you must accept the limits or they will not settle the claim. Also, people who cannot afford auto insurance or higher limits of auto insurance typically have little or no assets. If they have significant assets, they can file for bankruptcy protection, which will prevent or greatly limit the recovery.
CONTACT KENTUCKY CAR ACCIDENT LAWYER
If you are involved in a car, truck or motorcycle accident, you will require the services of an experienced Kentucky car accident attorney to investigate the cause of the accident and maximize all benefits available to the victims and their families. Matthew Troutman, a Kentucky car accident lawyer, of the Troutman Law Office has been handling auto accident claims, almost exclusively, since 1986 and has the experience and talent to obtain the best result for the victims in the above car accident.
If you need legal assistance due to a motor vehicle accident, contact Kentucky car accident attorney Matthew Troutman directly at 859-696-0001 or 502-648-9507 and he will meet with you in the hospital, your home or wherever is convenient for you. He will give you direct access through his cell phone and guide you through the difficult process necessary to obtain the best result possible for you in your car accident claim. To learn more about Kentucky car accident attorney Matthew Troutman and the Troutman Law Office, click here.