Kentucky drivers are liable for the injuries they negligently or recklessly cause through the operation of their vehicle. In cases of gross negligence or reckless behavior the driver can even face punitive damages.
The following story posted at the Herald Leader reveals the potential interrelationship between civil liability and criminal liability for a car accident.
On May 31, 2010, a Morgan County car accident resulted in the death of Gerry Blackwell and injuries to a passenger in Gerry’s vehicle, Terry Blackwell. According to reports from the Kentucky State Police, Brittany Williams crossed the center line and struck the Blackwell’s vehicle. Gerry Blackwell was pronounced dead at the scene. Williams was driving her car while under the influence of drugs which has resulted in the murder charges in Blackwell’s death.
Although there is absolutely no amount of money that will compensate a family for the loss of a loved one who is killed as a result of the negligence of another, the criminal and civil justice systems do provide remedies. If the allegations against Williams are true, then she will probably face civil liability for the death of Gerry Blackwell in addition to the criminal charges of murder.
Potential claims would include wrongful death plus punitive damages for gross negligence in driving under the influence of drugs.
From the Herald Leader:
A Morgan County woman has been charged with murder after a fatal traffic crash last month.
Brittany D. Williams, 23, of West Liberty was driving a 1998 Chevrolet Lumina south on Ky. 7 about 9 p.m. on May 31, when her car crossed the center line and struck a 2004 Chevrolet Cavalier.
The driver of the Cavalier, Gerry N. Blackwell, 76, of West Liberty, died, and her passenger, Terry Blackwell, 59, was taken to University of Kentucky Hospital with injuries. Williams also was injured and treated at UK Hospital.
Kentucky State Police Det. Toby Gardner said in court documents that Williams was driving under the influence of drugs, which led to the murder charge.
Williams was arrested Sunday, state police said, and she was being held Monday at the Big Sandy Regional Detention Center.
