A turning vehicle failed to yield the right of way, sending one person to the hospital and one to the morgue.
The wreck happened south of Berea at the intersection of Highway 25 and Eagle Point Drive. According to first responders, a 50-year-old man in a Toyota Highlander turned left in front of a Chevrolet Cobalt. Responders shut down the entire area for several hours as they tended to victims and cleared the scene.
The Cobalt driver was declared dead at the scene. A Highlander passenger was rushed to a nearby hospital with serious injuries, but he is expected to survive.
Failure to Yield Collisions
Mostly because of traffic volume increases and road widening projects, the number of left turn wrecks has increased significantly since 2005. These claims are also quite complex.
Generally, insurance companies always assign fault to tortfeasors (negligent drivers) who turned left and crossed into the path of an oncoming motorist. In roughly half these crashes, the turning driver simply failed to look carefully. These motorists think they see a gap in traffic, so they suddenly accelerate to shoot through that gap. As a result, the injuries in these wrecks are usually quite serious. More on that below.
That initial fault determination does not always hold up in court, mostly because of the last clear chance doctrine. All motorists have a duty of reasonable care. This duty includes a responsibility to avoid accidents, regardless of what other drivers do or don’t do.
Assume Bud is waiting to make an unprotected left turn against traffic. Traffic is light and the weather is clear. When he turns, he crosses into Lou’s path. If Bud hits Lou, Lou could be legally responsible for the wreck, if he had the last clear chance to avoid it.
This defense depends heavily on the prevailing conditions. If traffic is heavy or the weather is bad, a sudden evasive maneuver, like slamming on the brakes, might cause a worse crash than the one it prevented.
Additionally, there is a significant difference between any possible chance and the last clear chance. In the above example, if Bud was more than three or four car lengths away from Lou as he crossed traffic, Lou might have had a chance to avoid the wreck. If Bud was closer, Lou probably had no reasonable opportunity to avoid a crash.
So, no matter who an emergency responder or insurance adjuster claims was at fault, always ask a Lexington personal injury attorney to evaluate your case. You never know what compensation you might be entitled to, unless you ask a lawyer.
Car Crash Injuries
Each year, vehicle collisions kill or seriously injure millions of people. Head injuries are among the most common wounds in these cases. Car crashes combine all three major head injury causes, which are:
- Noise: Witnesses often say that a car wreck sounded like an explosion. Sudden, loud noises like these trigger shock waves which disrupt brain functions. So, even if you suffered no visible injuries, there is a good chance you have a head injury.
- Trauma: Airbags and seat belts cannot absorb all the force in a collision. Frequently, victims hit their heads on dashboards, steering wheels, and other solid objects. Furthermore, small objects in the car, such as cell phones, are essentially high-speed missiles in a car wreck.
- Motion: Most people think the brain fits snugly in the skull, like a foot in a shoe. A more appropriate analogy is a size nine foot in a size twelve shoe. Therefore, when cars stop suddenly, occupants’ brains slam against the insides of their skulls.
Other car crash injuries include broken bones and internal injuries. Car wrecks usually shatter bones, They do not simply break them. And, since internal organs have no protective skin layer, they often bleed excessively.
Even if you do not have any money or insurance, a Lexington personal injury attorney can usually connect you with a doctor. These medical evaluations are as important as legal evaluations. You have no idea how badly you were hurt until a doctor examines you. That’s especially true of head injuries. These wounds are almost impossible to self-diagnose.
Damages in a vehicle collision claim usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are sometimes available as well, in some extreme cases.
Car accident victims might be entitled to significant compensation, but these claims are often complex. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. You have a limited amount of time to act.#goodelawyers