Wrongful Death Action Possible Following Fatal Collision

by Rick Hessig | May 2, 2016 | , ,

The family of a Louisville woman who was hit and killed over the weekend may have a viable wrongful death action. The woman was struck on Zorn Avenue and Cleveland Boulevard in Louisville, Kentucky recently. According to Louisville Metro Police, the woman was struck by a White SUV, which later fled the scene. This fatality marked the fourth deadly collision in a single weekend. Police attribute the rise in collisions to the warming weather.

The collision is still being investigated by the Metro Traffic Unit, who have not ruled out any causes for the collision.

At this time, it is unknown what caused the driver of the white SUV to strike the pedestrian. However, it is possible that the driver failed to operate their vehicle in a safe and reasonable manner. Hopefully, a thorough investigation will determine what caused the collision and if any other causes are at play, such as mechanical failure.

Under Kentucky law, drivers owe a duty of care to pedestrians, other drivers and their passengers to operate their vehicles in a safe and reasonable manner.

If an investigation reveals that the driver of the white SUV operated their vehicle negligently, the deceased woman’s estate could potentially bring a wrongful death action against the driver of the SUV.

Husband and Wife Funeral Farewell

Kentucky Revised Statutes §411.130 allows for an individual with a qualifying relationship with the deceased, such as a child or spouse, to hold a party liable for damages suffered as a result of negligent or intentional actions. Such damages may include lost earning power, funeral bills, medical expenses and pain and suffering.

Unlike some states, the Kentucky Wrongful Death Statute does not limit the amount that can be recovered in a wrongful death action.

At Hessig & Pohl, we know that no amount of money can replace a loved one who was the victim of a fatal car wreck. However, it is important for families to know that they may be entitled to compensation for the loss of their loved one. The experienced personal injury attorneys at Hessig & Pohl recommend that families get legal advice as soon as possible from knowledgeable attorneys.

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