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	<title>Kentucky Lawyers &#187; Wrongful Death</title>
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	<link>http://www.kylawyers.com</link>
	<description>Kentucky Lawyer Injury</description>
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		<title>Pedestrian Fatalities on Rise in Louisville in spite of StreetSense Campaign</title>
		<link>http://www.kylawyers.com/car-accident/pedestrian-fatalities-on-rise-in-louisville-in-spite-of-streetsense-campaign</link>
		<comments>http://www.kylawyers.com/car-accident/pedestrian-fatalities-on-rise-in-louisville-in-spite-of-streetsense-campaign#comments</comments>
		<pubDate>Mon, 27 Sep 2010 19:44:32 +0000</pubDate>
		<dc:creator>Michael Stevens</dc:creator>
				<category><![CDATA[Car Accident]]></category>
		<category><![CDATA[Pedestrian]]></category>
		<category><![CDATA[Wrongful Death]]></category>

		<guid isPermaLink="false">http://www.kylawyers.com/?p=363</guid>
		<description><![CDATA[When pedestrians are struck by car, the consequences are usually serious and can be fatal.  This recent story from the Courier-Journal reveals that pedestrian deaths in Jefferson County are on the rise.   Although the driver of the car&#8217;s insurance will provide no-fault benefits to cover medicals and lost wages for injuries received regardless of fault, [...]]]></description>
			<content:encoded><![CDATA[<p>When pedestrians are struck by car, the consequences are usually serious and can be fatal.  This recent story from the Courier-Journal reveals that pedestrian deaths in Jefferson County are on the rise.   Although the driver of the car&#8217;s insurance will provide no-fault benefits to cover medicals and lost wages for injuries received regardless of fault, that is poor compensation when the driver of the car is at fault for causing the injury or the fatality.  Liability insurance in Kentucky is required on all cars with minimum limits of $25,000 per person and $50,000 accident.   This might be enough insurance to cover a sore back or other minor injury but clearly not enough to cover a death or broken bone of the main bread-winner of a family.   That is why it is advisable to protect you and your family from the negligence and harm caused by others by obtaining underinsured motorist benefits in case the driver has inadequate insurance or uninsured motorist benefits should the driver have no car insurance whatsoever.  Uninsured and underinsured motorist benefits that you have purchased for your car will cover you even when you are not in your car should you get hit by a car while a pedestrian or even when you are a passenger in another&#8217;s car.</p>
<p>Here is the Courier-Journal story.</p>
<blockquote><p><a href="http://www.courier-journal.com/article/20100916/NEWS01/309160042/1008/NEWS01/Pedestrian+fatalities+on+rise+in+Louisville">Pedestrian fatalities on rise in Louisville</a></p>
<p>The number of pedestrian fatalities in Louisville this year is on pace to be one of the highest since merger in 2003 — despite a city campaign stressing road safety.</p>
<p>Through Wednesday, 15 pedestrians have been killed this year, compared to 10 in all of 2009. The numbers include bicyclists and people struck while standing outside broken-down vehicles along the road.</p>
<p>The highest number of pedestrian deaths since merger came in 2008, when there were 27 deaths — 24 pedestrians and three bicyclists.</p>
<p>Police and safety officials say they’ve not identified any single reason for the increased number of deaths this year over last.</p></blockquote>
<p>The increased number of deaths by pedestrians continues in spite of a city wide program to help prevent them.</p>
<p>See the following story this summer from WLKY.com:  <a href="http://www.wlky.com/r/24373019/detail.html">City Pushes For Safety After 3 Pedestrian Deaths, Mayor, Police Chief Share Personal Stories Of Safety Issues</a><strong></strong></p>
<blockquote><p><strong>LOUISVILLE, Ky. &#8212; </strong>Three recent  pedestrian deaths on Louisville streets are eye opening reality checks  on what can happen when motorists, cyclists and pedestrians don&#8217;t follow  the rules of the road.The city unveiled a new phase of an  ongoing marketing campaign to reduce the deadly numbers on Friday.  The  city launched the Street Sense campaign last summer and the new phase  unveiled Friday morning has new ads and new messages targeting unsafe  behavior.  City officials said the drivers are not always at fault.</p></blockquote>
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		<title>5-year-old girl shot in head in Jeffersonville</title>
		<link>http://www.kylawyers.com/wrongful-death/5-year-old-girl-shot-in-head-in-jeffersonville</link>
		<comments>http://www.kylawyers.com/wrongful-death/5-year-old-girl-shot-in-head-in-jeffersonville#comments</comments>
		<pubDate>Sat, 25 Sep 2010 19:12:13 +0000</pubDate>
		<dc:creator>Michael Stevens</dc:creator>
				<category><![CDATA[Wrongful Death]]></category>

		<guid isPermaLink="false">http://www.kylawyers.com/?p=352</guid>
		<description><![CDATA[Firearms are dangerous and need to be properly secured so children do not have access to them.  The results can potentially be tragic as shown in the following story of a five year old killed in Jeffersonville, Indiana.   Thank heavens the child is alive.   Although the child shooting the other child is almost [...]]]></description>
			<content:encoded><![CDATA[<p>Firearms are dangerous and need to be properly secured so children do not have access to them.  The results can potentially be tragic as shown in the following story of a five year old killed in Jeffersonville, Indiana.   Thank heavens the child is alive.   Although the child shooting the other child is almost always an accident, the failure to secure the dangerous weapon may be negligence and render the owner of the gun liable.</p>
<p>For example, a Kentucky decision in the Court of Appeals &#8211; Spivey v. Sheeler,  514 S.W.2d 667 (Ky.,1974) &#8211; addressed the standard of responsibility when a pistol was left locked in a cabinet but the key was easily available on top of the cabinet.  The results were tragic as a twelve-year-old boy sustained injuries when 11-year-old friend shot him with a .25 caliber pistol which the friend had obtained from his father&#8217;s locked gun case by using the key found on top of the case, and the boy&#8217;s parents brought an action against the friend&#8217;s parents.   The Court of Appeals held that even though a parent is generally not responsible for the torts of his child, a parent may be liable for injuries which his minor child inflicts with a firearm, given to the child by the parent, or left accessible to the child.</p>
<p>Although the Kentucky decision has no applicability in Indiana, it is the law in Kentucky and illustrates the danger that needs to be prevented to protected our children.</p>
<p>Here is the Courier-Journal story:</p>
<blockquote><p><a href="http://www.courier-journal.com/article/20100924/NEWS01/309240095/1008/NEWS01/5-year-old+girl+shot+in+head+in+Jeffersonville">&#8220;</a><a href="http://www.courier-journal.com/article/20100924/NEWS01/309240095/1008/NEWS01/5-year-old+girl+shot+in+head+in+Jeffersonville">5-year-old girl shot in head in Jeffersonville</a></p>
<p>A 5-year-old girl was shot in the head in Jeffersonville Friday night in what police said appears to be an accident involving children playing with a gun.</p>
<p>* * *</p>
<p>There were adults home at the time but they were outside on the porch, Hollis said. He said the adults heard a gunshot, then a child crying and ran inside, where they found the girl bleeding from her head.</p>
<p>She was conscious and alert when she was taken to Kosair Children’s Hospital, Hollis said. Doctors were planning surgery Friday night.</p>
<p>It is not clear who owned the gun but it had been in the home prior to the incident, Hollis said.</p>
<p>No foul play is suspected, but it hasn’t been determined whether any charges will be filed against anyone involved, he said.</p></blockquote>
<p>As one reader commented &#8211; &#8220;The reason that it is &#8220;not an accident&#8221; is not due to the weapon being fired willfully at another child (who didn&#8217;t understand the dangers), but it is not an accident because the weapon was deliberately left unsecured by adults who are supposed to be responsible with it.&#8221;  Although &#8220;deliberately&#8221; may be an overstatement based upon the report, the weapon appears to have been left unsecured.</p>
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		<title>Fort Knox Wife Killed in Fatal Car Accident on  Dixie Highway</title>
		<link>http://www.kylawyers.com/car-accident/fort-knox-wife-killed-in-fatal-car-accident-on-dixie-highway</link>
		<comments>http://www.kylawyers.com/car-accident/fort-knox-wife-killed-in-fatal-car-accident-on-dixie-highway#comments</comments>
		<pubDate>Sun, 25 Jul 2010 18:49:55 +0000</pubDate>
		<dc:creator>Michael Stevens</dc:creator>
				<category><![CDATA[Car Accident]]></category>
		<category><![CDATA[Pedestrian]]></category>
		<category><![CDATA[Wrongful Death]]></category>

		<guid isPermaLink="false">http://www.kylawyers.com/?p=344</guid>
		<description><![CDATA[As a retired Army officer, I can sympathize with the family of the Fort Knox wife who was killed in a fatal car accident in the Dixie Highway on Monday, June 14, 2010.
According to the Courier-Journal story, 39 year-old Tina Christie of Fort Knox was struck and killed Monday night after she pulled her van [...]]]></description>
			<content:encoded><![CDATA[<p>As a retired Army officer, I can sympathize with the family of the Fort Knox wife who was killed in a fatal car accident in the Dixie Highway on Monday, June 14, 2010.</p>
<p>According to the Courier-Journal story, 39 year-old Tina Christie of Fort Knox was struck and killed Monday night after she pulled her van off the highway and got out of her van.  Although it is reported that the other driver did not see her and that no charges are expected to be filed, the family should still take the police report to the Fort Knox Legal Assistance Office for a JAG review to discuss their options or contact a personal injury attorney.   Just because there are no criminal charges does not mean there is no civil liability since Kentucky has comparative negligence.   If for no other reason, a legal review of options should assist survivors in reaching some form of closure and answer lingering questions.</p>
<p>Here is the Courier Journal story:</p>
<blockquote><p>A woman who was killed Monday  night after being  struck by a van in the 12000 block of Dixie Highway  in southwest  Jefferson County has been identified as 39-year-old Tina  R. Christie of  Fort Knox.</p>
<div>
<div>Christie  was struck  after she pulled her southbound van off the road and then  exited the  vehicle for an unknown reason.</div>
</div>
<p>The driver of another  southbound van apparently did  not see her and struck her, said Dwight  Mitchell, a Louisville Metro  Police spokesman.</p>
<p>Christie  was  pronounced dead at the scene about 10:40 p.m. and died from  multiple  blunt force injuries, said Sam Weakley, a Jefferson County  deputy  coroner.</p>
<p>Weakley  said Christie and her husband had just relocated  to Fort Knox from  Greenville, S.C.</p>
<p>There  were three children  inside Christie&#8217;s van and no charges are expected  to be filed against  the driver of the other van, police said.</p></blockquote>
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		<title>&#8220;Morgan woman charged with murder after fatal crash&#8221;</title>
		<link>http://www.kylawyers.com/car-accident/morgan-woman-charged-with-murder-after-fatal-crash</link>
		<comments>http://www.kylawyers.com/car-accident/morgan-woman-charged-with-murder-after-fatal-crash#comments</comments>
		<pubDate>Sun, 20 Jun 2010 22:30:36 +0000</pubDate>
		<dc:creator>Michael Stevens</dc:creator>
				<category><![CDATA[Car Accident]]></category>
		<category><![CDATA[Wrongful Death]]></category>

		<guid isPermaLink="false">http://www.kylawyers.com/?p=339</guid>
		<description><![CDATA[Morgan County woman charged with murder after fatal car crash.]]></description>
			<content:encoded><![CDATA[<div id="story_body">
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<p>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.</p>
<p>The following story posted at the Herald Leader reveals the potential interrelationship between civil liability and criminal liability for a car accident.</p>
<p>On May 31, 2010, a Morgan County car accident resulted in the death of Gerry Blackwell  and injuries to a passenger in Gerry&#8217;s vehicle, Terry Blackwell.  According to reports from the Kentucky State Police, Brittany Williams crossed the center line and struck the Blackwell&#8217;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&#8217;s death.</p>
<p>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.</p>
<p>Potential claims would include wrongful death plus punitive damages for gross negligence in driving under the influence of drugs.</p>
<p>From the Herald Leader:</p>
<blockquote><p><a href="http://www.kentucky.com/2010/06/14/1306719/morgan-woman-charged-with-murder.html#ixzz0r7m2TRqh"><strong>Morgan woman charged with murder after fatal crash</strong></a></p></blockquote>
<blockquote><p>A Morgan County woman has been charged with murder after a fatal  traffic crash last month.</p>
<p>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.</p>
<p>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.</p></blockquote>
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<blockquote><p>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.</p>
<p>Williams was arrested Sunday, state police said,  and she was being held Monday at the Big Sandy Regional Detention  Center.</p></blockquote>
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