After two drivers pulled firearms on each other, one driver shot the other driver in the jaw before he pulled over to report the incident.
The confrontation happened near the intersection of Bluegrass and Blankenbaker. AFter the brief and one-sided shootout, the injured driver pulled onto the Interstate 64 onramp. Emergency responders then rushed the man to a nearby hospital with serious injuries.
Authorities aren’t sure if they will fire charges against the other man as the shot may have been fired in self-defense.
Driver Impairment Injuries
Technically, road rage is a medical impairment, as outlined below. Altogether, the five types of driver impairment cause about half the vehicle collisions in Fayette County.
Road rage is a form of Intermittent Explosive Disorder. IED victims blow up at random times over seemingly trivial matters, like being served an overcooked steak or being cut off in traffic. Other dangerous medical conditions include epilepsy and heart disease. These maladies could cause a sudden and unexpected unconsciousness. If that happens behind the wheel, the results could be truly tragic.
Compensation is usually high in medical condition and other driver impairment cases. Arguably, these tortfeasors (negligent drivers) know they are not fit to drive. However, many people are too stubborn to give up the keys in these situations. So, they intentionally place other people at risk.
This same principle applies in alcohol impairment cases. Most people are well aware of the dangers of drinking and driving. Yet most people also admit they drink and drive. For some reason, many people believe they are not dangerously impaired unless they are stumbling drunk. But the impairing effects of alcohol begin at the first drink.
Alcohol-related wrecks in Kentucky often involve vicarious liability. Commercial providers, liek restaurants and bars, are financially responsible for car crash damages if they sell alcohol to visibly intoxicated people who later cause car crashes. Following a familiar theme, jurors usually react very badly to providers who overserve people so the provider could keep making money, even though the risk was obvious.
Back in the day, doctors only rarely prescribed powerful painkillers and people who smoked marijuana were socially marginalized. Today, doctors routinely prescribe powerful painkillers, antidepressants, and other such medicines. And, although recreational marijuana is still illegal in Kentucky, the social stigma is gone.
Most drug-impaired drivers are under the influence of one of these two substances. Others include prescription sleep aids, like Ambien, and certain over-the-counter drugs, like NyQuill.
Like alcohol, these drugs may be legal to consume. But it’s illegal to drive under their influence. If emergency responders cite the tortfeasor for DUI-drugs, the negligence per se shortcut could apply. These drivers could be responsible for damages as a matter of law, simply because they got a ticket.
Alcohol impairment, which was discussed above, is a lot like drowsiness. Both conditions impair thinking skills and motor skills. When the brain isn’t working as quickly as it should, things could go very badly for people on the road.
There’s no law against fatigued driving, so the negligence per se doctrine usually never applies in these cases. So, a Lexington personal injury attorney must use circumstantial evidence to prove fatigue. Such evidence includes physical symptoms, like bloodshot eyes, erratic driving before the wreck, and the time of day or night.
That last bit of evidence deserves a little more explanation. Most people are naturally drowsy late at night, around midday, and early in the morning, even if they had a full night’s rest. Circadian rhythm fatigue is particularly bad if the tortfeasor’s daily schedule recently changed.
The fifth kind of driver impairment doesn’t seem to fit with the others. Distracted driving isn’t a medical condition or a substance issue. But it is a mental issue. Driving requires concentration. Anything that breaks that concentration, like fatigue or distraction, is impairing.
DIstraction is a physical problem as well. People who take their eyes off the road or a hand off the wheel cannot react as quickly when cars stop short, pedestrians jaywalk, lights change abruptly, or another everyday hazard arises. The duty of care requires motorists to handle such hazards without causing wrecks.
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. Virtual, home, and hospital visits are available.