A ten-year old girl is dead following a tragic car wreck on Dixie Highway in Louisville, Kentucky. Now, her family may be able to hold the at-fault driver liable for damages incurred as a result of their loss.
Louisville Metro Police report that the girl was traveling with her father in his vehicle on the evening of May 6, 2016. According to reports, the pair was traveling in the 5200 block of Dixie Highway when they were struck by an unknown driver traveling at a very high rate of speed. The result was a violent T-bone collision, in which the girl was ejected from the vehicle.
According to Scott Russ, Jefferson County Deputy Coroner, the girl died of blunt force trauma.
Her father was transported by Louisville Metro EMS to University of Louisville Hospital where he was treated for non-life threatening injuries. The unknown driver was also treated for non-life threatening injuries.
While it is early in the investigation and details are meager, it appears initially as though the unknown driver was the cause of the collision. Due to the high rate of speed at which the unknown driver was traveling, it is possible they were operating their vehicle in a negligent, even reckless manner.
Wrongful Death Action
As we have discussed in previous blog posts, Kentucky law stipulates that drivers owe a duty of care to others to operate their vehicles in a safe and reasonable manner. If the unknown driver involved in this collision failed to do to operate their vehicle safely and reasonably, the girl’s family may have grounds to bring a wrongful death suit on her behalf, in addition to a negligence claim.
A wrongful death action is defined by KRS 411.130 as “the death of a person (that) results from an injury inflicted by the negligence or wrongful act of another.” Moreover, a wrongful death action allows a representative with a qualifying relationship with the victim, such as a parent, to file a lawsuit against the party that caused their loved one’s death. Since a wrongful death action is a civil action, liability is expressed in terms of monetary damages. This allows the family to recover damages such as funeral expenses, medical bills, and loss of consortium.
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, if your loved one died as the result of a negligent or intentional act, consult with an attorney to find out the viability of a wrongful death claim. The experienced personal injury attorneys at Hessig & Pohl recommend that families get legal advice as soon as possible from knowledgeable attorneys.