Two People Seriously Injured in Lexington Fireball Wreck

by | Apr 1, 2022 | Car Accidents

Few details were available after two vehicles collided in a quiet side street intersection and one of the vehicles burst into flames. 

The wreck happened at the intersection of Hawthorne Lane and Russell Cave Road. Although one victim managed to crawl out of the wreckage, both drivers were transported to a nearby hospital with serious injuries.

Authorities investigated this wreck for about an hour before they cleared out and reopened the intersection.

Evidence in Car Wreck Claims

Since victim/plaintiffs have the burden of proof in injury claims, a successful claim always starts with solid evidence. 

Much of this evidence is available early in the process. But this proof, which usually includes the police accident report and medical bills, is often insufficient to obtain maximum compensation.

Let’s start with the police report. These reports often aren’t very comprehensive. Note that investigators were at the above accident scene for about an hour. That includes the time they spent securing the scene and gathering their things to leave. So, the actual investigation was probably much shorter. There’s not much you can learn about a fireball crash in a few minutes.

Medical records are often incomplete as well. Frequently, these records only include “just the facts, ma’am” diagnosis, treatment, and cost information. This data is better than nothing. But it does little or nothing to support pain and suffering, emotional distress, or other noneconomic damage claims. Additionally, current medical bills are often not much help in determining future medical needs.

The evidence available later in the process is much more reliable. That’s one reason a Lexington personal injury attorney does not settle most cases right away. Settling fast often means settling for less.

Electronic evidence, like a vehicle’s Event Data Recorder, is always unavailable at the scene. Attorneys or investigators must download data from these devices at a later time. This data, which includes things like steering angle and vehicle speed, helps attorneys or investigators piece together the events leading up to a wreck.

Additional medical evidence becomes available as well. Attorneys often partner with independent medical experts who evaluate existing records and accurately speculate about future needs in this area.

 

Negligence Theories in Car Crash Claims

The evidence in a car wreck claim is like crayons in a box. The more crayons in the box, the prettier and more realistic the picture will be. But someone still has to draw the picture. In a car crash or other injury claim, that picture is usually called ordinary negligence or negligence per se.

Ordinary negligence is essentially a lack of ordinary care. Car wrecks like the one in the above story don’t just happen. More than likely, one of the drivers was impaired. That impairment could be something like fatigue, alcohol use, or drug use. These impairments usually cloud judgment ability and slow reaction time. As a result, there’s usually a connection between the impairment and the wreck.

Negligence per se is essentially a violation of a safety law. Common violations include speeding, failing to maintain a proper lookout, and ignoring a traffic control device. If that violation caused the wreck, and an emergency responder issued a citation, that tortfeasor (negligent driver) could be responsible for damages as a matter of law.

These damages normally 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 extreme cases.

Putting the Two Together

If the evidence shows that the tortfeasor was negligent, a Lexington personal injury attorney can usually settle the case out of court, and on victim-friendly terms. Statistically, plaintiffs win most personal injury claims. Therefore, many insurance companies don’t want to risk going to trial and having to pay even more damages.

Like any other negotiations, injury claim settlement negotiations usually involve multiple offers and counter-offers. Attorneys must give victims solid advice about these offers. Victims don’t want to needlessly hold out for something better that might not come. At the same time, they don’t want to take the money and run.

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 cases.