Few details were available after a motorist apparently cut off another vehicle. The crash killed two people.
The wreck happened near the corner of New Shepherdsville Road and Deatsville Road. According to Trooper Scotty Sharp, a Bardstown man was northbound on New Shepherdsville Road in a Chevy Silverado truck when a Coxs Creek woman turned in front of him off Deatsville Road, and he hit her.
The Coxc Creek woman and her 15-year-old passenger were killed. The Bardstown man and one of his passengers were rushed to a nearby hospital. Another adult and a child in the truck were unhurt.
Car Crash Injuries
Because of coronavirus lockdowns, vehicle traffic dropped significantly in 2020. Yet the number of vehicle collision fatalities hit a ten-year high. The fact that today’s cars are much faster and heavier than ever before explains much of this incongruity. Perhaps more importantly, motorists picked up some very bad habits when they drove on largely empty roads. These habits include speeding, driving recklessly, and driving while impaired. Many observers fear that these bad habits may be permanent.
Driver error when combined with the extreme force in a collision usually causes serious personal injuries, including:
- Head Injuries: These wounds are among the most common, and most fatal, car crash injuries. Frequently, the motion of a wreck causes head injuries. When victims’ necks snap violently back and forth, their brains repeatedly slam against the insides of their skulls. These wounds are permanent. When brain cells die, they never regenerate.
- Spine Injuries: The aforementioned motion also affects the cervical spine, which is just under the neck. This part of the spine is one of the most important components of the central nervous system. Any misalignment could have drastic consequences. Spinal fractures usually bring their own set of problems, such as herniated discs and pinched nerves.
- Internal Injuries: Repeating a familiar refrain, the motion of a wreck causes the liver, kidneys, stomach, and other internal organs to smash against each other. The friction usually causes intense bleeding that’s hard to identify and stop. The blood loss is so severe that, in many instances, exsanguination (excessive blood loss) is the official cause of death in a car wreck claim.
Victims badly need compensation to pay the staggering medical bills associated with such injuries. Additionally, since the accident was not their fault, a Lexington personal injury attorney can obtain additional compensation for noneconomic losses, such as pain and suffering.
Special Issues in Passenger Injury Claims
Since they are subject to the same physical force, passengers often sustain much the same injuries as drivers in car crashes. Therefore, passengers have the same right to compensation. However, there are some additional emotional and legal issues in these situations.
Emotionally, many passengers have close relationships with many drivers. Quite understandably, they therefore hesitate to file legal claims.
However, the aforementioned medical bills must still be paid. Group health plans usually don’t cover injury-related costs, and victims should definitely not pay them out of their own pockets. Furthermore, paying compensation for noneconomic losses is a responsibility thing.
Incidentally, individuals usually are not financially responsible for these costs. The auto insurance company generally pays them.
Legally, passenger injury claims sometimes involve the assumption of the risk defense. This doctrine, which often comes up in fall and other premises liability claims, excuses negligence if the victim:
- Voluntarily assumed
- A known risk.
The first prong is usually present in passenger injury claims. Most people voluntarily get into most cars. However, the second prong is usually absent. A car wreck is usually a theoretical risk as opposed to a known risk.
What to Expect in a Negligence Case
So, the issues in a multi-occupant, serious injury collision are usually quite complex. The issues in a single-occupant collision are often far more straightforward. That’s especially true if an emergency responder ticketed one driver, and only one driver, for a moving violation, like speeding or making an illegal turn.
Presuit settlements are not uncommon in these cases. An attorney sends a demand letter to the insurance company. After some negotiations, the insurance company issues a check, and the victim signs a liability waiver.
However, it’s usually a bad idea to settle claims this early. Until medical treatment is at least substantially complete, it’s difficult, or impossible, to estimate the amount of future medical expenses. Unless the settlement accounts for all such costs, victims could be financially responsible for them.
Furthermore, the best evidence in a negligence claim usually surfaces during a lawsuit’s discovery phase. If the best evidence isn’t available, the settlement amount most likely doesn’t represent maximum compensation.
Filing a lawsuit also triggers the mediation requirement. Basically, mediation is a court-supervised negotiation session. The insurance company has a legal duty to negotiate in good faith. So, it cannot tender a “low ball” offer or issue a take-it-or-leave-it settlement offer.
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. We do not charge upfront legal fees in these matters. #goodelawyers