Wrong-Way Crash Kills Two, Injures Three in LaRue County

by | Jul 26, 2022 | Car Accidents

Officials don’t know what caused a two-car crash that killed two people and seriously injured three others.

Police said a man was driving south on Bardstown Road in a Chrysler 300 when, for unknown reasons, he crossed the center line and into the path of another vehicle. Emergency responders rushed him to a nearby hospital with serious injuries. A passenger in that vehicle, a 34-year-old Lebanon woman, was pronounced dead at the scene.

As for the other vehicle, a 41-year-old Sonora woman was taken to Baptist Health Hardin, where she died from her injuries. The driver of that vehicle, a woman from Hodgenville, was seriously injured, as was a juvenile passenger.

Investigators haven’t decided if they will charge a driver with a crime.

Why Should Victims File Negligence Claims?

Usually, victims hesitate to file car crash claims, or any other injury claim, for one or more of the following reasons: an insurance company is paying their car repair and medical bills, they don’t want to “blame” a person for the “accident,” and they simply don’t want to deal with it.

Most people belong to employer-affiliated and other group health plans. These companies often initially agree to pay most of the medical expenses in these cases. Once they find out the charges are injury-related, they usually refuse payment, mostly for liability reasons. If that happens, the victim is left holding a very big financial bag.

When an insurance company writes a check, adjusters often don’t authorize referrals. So, a general practice doctor, who may not be fully qualified to treat head injuries and other car crash injuries, treats the victim.

If the other driver is clearly at fault, insurance adjusters often quickly agree to pay car repair bills. That’s assuming fault and liability are clear. Additionally, the adjuster approves the cheapest solution, as opposed to the best one.

Even if these checks come with no questions asked, and that’s a very big “if,” this money doesn’t fully compensate victims for everything they have been through.

A Lexington personal injury attorney helps in all these situations. Attorneys connect victims with fully-qualified doctors, mechanics, and other providers who, in many cases, charge nothing upfront for their services. Moreover, court damages go well beyond out-of-pocket costs. Injury victims also deserve compensation for their pain and suffering, emotional distress, and other noneconomic losses.

Next, civil claims don’t “blame” anyone for anything. Blame is a criminal court concept. Compensation for injury is the only thing that matters in civil court. Basically, civil claims force tortfeasors (negligent drivers) to accept responsibility for their mistakes. That’s something we should all do.

On a related note, tortfeasors usually aren’t financially responsible for litigation costs. Auto insurance companies are legally obligated to pay all such costs, including any damages awarded.

Finally, there’s no doubt that car crash claims are complex. Most victims understandably don’t want to deal with legal things while they’re trying to recover from serious injuries.

A good Lexington personal injury attorney knows how to keep victims involved in their cases without loading them up with homework. Furthermore, good lawyers explain things in English and not in Legalese.

Fault vs. Liability

The football team that’s ahead at halftime doesn’t always win the game. Likewise, the driver who was at fault for the collision isn’t always the driver who is liable for damages.

Wrong-way crashes are an excellent example of this difference. Regardless of the other facts, most insurance adjusters and emergency responders immediately assign fault to the driver who crossed the centerline. Then, they close their files without looking at any other evidence or considering any legal doctrines.

Additional evidence in a car crash case usually includes a vehicle’s Event Data Recorder. EDRs measure and record things like steering angle, beginning about seven seconds prior to a crash. If Driver A suddenly swerved into oncoming traffic, Driver B probably couldn’t avoid a wreck. However, if Driver A gradually drifted over the center line, Driver B probably could have avoided a crash, especially if traffic was light and the weather was good.

This additional evidence matters because of the last clear chance rule. All drivers have a duty of care at all times. This legal responsibility includes avoiding accidents when possible. So, if a motorist has a reasonable opportunity to avoid a wreck (the last clear chance), and that motorist doesn’t react appropriately, that driver is liable for damages, even though s/he didn’t break a traffic law.

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. Attorneys can connect victims with doctors, even if they have no insurance or money.