Attorney Jim Desmond

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Category: Wrongful Death

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Bowling Green Fatal Crash Involved KSP

route and journey during sunrise with the mistThe Bowling Green Daily News reported on a recent story.  The Bowling Green fatal crash involved a KSP Trooper and the Trooper was attempting to pass a series of cars when his vehicle struck a pickup truck.  The crash resulted in the death of the truck’s driver.  The husband of the driver was treated and released from a local area hospital.

This isn’t the first a traffic fatality has occurred on that stretch of KY 185, just north of Bowling Green.

Any time there’s a serious accident on Kentucky roads, multiple things happen quickly.  The authorities will begin trying to determine how the automobile accident occurred and the preservation of evidence is extremely important.  When the damages suffered by my client(s) are substantial, car wrecks such as these, can justify the expense of an accident reconstructionist; an expert that will gather information on the client’s behalf and provide us with an expert’s opinion as to who caused the car wreck.  Of course, such an expert depends entirely upon the information he is provided with.

Quick Action is an Advantage in a Car Wreck

I have had several cases over the years that because my client(s) contacted me immediately after the car wreck, the accident reconstructionist was able to view the scene of the wreck and discover additional evidence that the police overlooked.

In addition, a cheaper alternative is to hire a private investigator to capture the testimony of any witnesses while their recollection of the car wreck is fresh.  I have found that by obtaining the statements from witnesses and providing a copy of these witness statements to the insurance company, we have been able to prove our client(s) were not at fault in causing the car wreck early on.  Of course, this allows us to avoid the cost of litigation and attempt a pre-suit settlement of our client(s) personal injury claim in any car accident, whether the Bowling Green fatal crash involved a KSP trooper or not, the local police department will need to determine if any driver(s) were under the influence of alcohol or drugs or was this car wreck caused by distracted driving.  However, a good personal injury attorney should be doing the same.

Accident Investigation

Whether it is Court records, hospital records or obtaining posts from social media, proving a driver was drunk or distracted can increase the value of the personal injury claim and/or make liability for the wreck indisputable.

In a case like this that may give rise to a wrongful death claim, such facts are all the more important. After all, when a family member experiences a death from a car wreck, the last thing they should have to do is worry about proving the decedent was not at fault for the car wreck.

Here’s a brief summary of KY traffic fatality data:

  • 2015 – 694 Fatal Collisions, Resulting in 761 Fatalities
  • 2014 – 612 Fatal Collisions, Resulting in 672 Fatalities
  • 2013 – 590 Fatal Collisions, Resulting in 678 Fatalities
  • 2012 – 694 Fatal Collisions, Resulting in 746 Fatalities

If you’d like to learn more about Kentucky or Indiana wrongful death cases, there’s a specific page on my website.  Click here to learn more about Wrongful Death Issues in KY and IN, there’s also a brief video toward the bottom of my website’s home page.

Switzerland County Indiana Motorcycle Accident

Switzerland County IndianaOur local news station, WDRB, reported today about an Indiana motorcycle accident in Switzerland County.  There were two people on the motorcycle. The driver was fatally injured and the passenger sustained injuries serious enough to be flown to a Cincinnati hospital.

The motorcyclist ran into a deer on State Road 156.  The Harley-Davidson then crossed into the other lanes and was struck by another vehicle.  Neither the driver nor the passenger was wearing a helmet.

As an attorney, I understand the impact this situation will have on the family members.  I’ve stood with families in hospital rooms and even at funerals.  No one wants to make light of the seriousness of the loss.

However, as tragic as this accident is, it can be a learning opportunity for the rest of us.  I uploaded a post last month about motorcycle passenger injuries.  Now that summer is underway, we’re going to hear more stories about accident-related injuries and Indiana traffic fatalities. It’s an unfortunate fact on our Indiana roadways.

First and foremost, if you ride a motorcycle, please wear a helmet.  I don’t know if that would have prevented the serious injuries and death in Switzerland County. What I do understand is the statistical proof that wearing a helmet can significantly reduce your risk of head trauma.

Next, as I wrote about in the post I referenced, above, a motorcycle passenger has a claim if he/she is involved in an Indiana motorcycle accident.  In this circumstance, the driver is deceased.  The passenger can still file a claim against the estate of the deceased driver.

To clarify a common misconception, an “estate” is not just something for wealthy people.  When someone dies, the property, assets and debts usually become part of an estate.  This estate includes the insurance coverage that someone has at the time of their death that might cover the personal injury claim of the passenger.

While I understand this sounds harsh, recall that the motorcycle passenger had such serious injuries so as to be flown to the University of Cincinnati Hospital.  From experience, I can tell you that this helicopter flight alone probably resulted in a $30,000 to $50,000 medical expense. 

To put that in perspective, a licensed driver in Kentucky or Indiana is only required by law to carry $25,000 per person in liability insurance. In other words, sometimes a personal injury claim is the only way an injured party can recover their medical expenses and their other out of pocket expenses.  Typically, these types of motorcycle wrecks involved underinsured motorist coverage, from the passenger’s own automobile insurance, as the damages far exceed the available insurance coverage.

The Switzerland County Indiana motorcycle accident is a lesson for every motorcyclist and passenger.  The WDRB story didn’t report specific information about the passenger, so we don’t know if he/she is a minor, relative or simply a friend.  Hopefully, this individual will make a full recovery and begin to move forward.  We wish them the best.

The simple lesson for all of us is that before the car or motorcycle wreck ever occurs, make sure you have at least $100,000 per person of uninsured and underinsured motorist coverage on every insurance policy you have for every vehicle.   This is sound advice that applies whether you choose to represent yourself in an injury claim and/or whomever you may hire as your personal injury lawyer.

U2 is playing in Louisville

U2 is playing in LouisvilleThe iconic band U2 is playing in Louisville, tonight, at Papa John’s Stadium. The band’s Joshua Tree Tour 2017 will certainly be a huge event. It’s also the first time U2 has done a stadium concert in Kentucky. So why would a Louisville injury attorney write a post about this? There’s an interesting connection that most probably don’t realize.

The Joshua Tree album stacked some of its best hits at the beginning of the album. According to a Newsweek Culture story, the song One Tree Hill ranks as the album’s 4th best song. Again, so why would a Louisville injury attorney write about this?

The inspiration for the song was actually the death of one of the band’s roadies. The man was involved in a fatal motorcycle accident. The song is a tribute to their lost friend.

“The moon is up and over One Tree Hill. We see the sun go down in your eyes. You run like a river on to the sea. You run like a river runs to the sea.”

While thousands of people will flock to Papa John’s tonight to watch and listen to U2, songs like this remind us that we have all experienced the loss of a family member or a close friend in traffic accidents. 

According to the Newsweek story, it’s reported that “Bono recorded the vocals in one take, as he reportedly felt too emotionally wiped out to repeat the effort.” What a terrific tribute to a friend.

If you’d can’t go to the concert tonight, but would like to experience how this song sounds in a concert setting, take a minute to watch the video of U2’s One Tree Hill. If you are going tonight, I hope you have a great time. Remember, there will be a ton of distracted drivers on the roads before and after the concert. I hope you have a great time! Let’s all make it home safely.

KY Memorial Day Accidents

Family Eating Outdoor Meal on Memorial DayIn Kentucky, holidays usually mean 3-day weekends and a possible road trip.  We have one coming up on Monday.  Unfortunately, with all of the drivers on our roads, we also have a high likelihood of Memorial Day accidents.

There are reasons why holidays can spike the number of automobile collisions and even traffic fatalities.  It may be that in an effort to get to our destinations, we tend to drive at a higher rate of speed, or more recklessly.  Another possibility is that the family car might be full of parents, rowdy children and even a pet.  This can increase the potential for distracted drivers.

Finally, as with any holiday road trip, there’s always the risk of someone taking to the roads after having a few drinks with friends and family.  By now we should all be aware of the problems occurring any time we mix alcohol and driving.

I took a few minutes to research how Kentucky drivers have done over the past few years.  Compared to other major holidays, the occurrences of Memorial Day accidents aren’t nearly as high as on other holidays.  Still, we should be mindful of the increased risk from other drivers.

Data for Memorial Day Accidents *

  • 2015 KY Injury Collisions – 183     Persons Injured – 302     Persons Killed – 9
  • 2014 KY Injury Collisions – 186     Persons Injured – 262     Persons Killed – 7
  • 2013 KY Injury Collisions – 143     Persons Injured – 232     Persons Killed – 7
  • 2012 KY Injury Collisions – 190     Persons Injured – 320     Persons Killed – 17
  • 2011 KY Injury Collisions – 182     Persons Injured – 331     Persons Killed – 7
* Data includes the holiday weekend from 6:00pm on Friday until 11:59pm on Monday.

You’ve worked hard through the first five months of the year.  It’s about time for a nice get-away.  While the Desmond Law Offices is a personal injury law firm, I hope this will be an enjoyable time spent with family and friends.  Take precautions to make sure you arrive home safely.  Enjoy your Memorial Day weekend!  I think we deserve this one.

Driving One of Louisville’s 150,000 Dangerous Cars?

Cars Pass By Roadside Memorial Accident SceneDid you know Louisville has about 150,000 dangerous cars on the road?  In a recent news story, Wave 3 reporter Eric Flack did a story on why drivers aren’t aware, or aren’t taking action, when their cars are part of a recall.

Manufacturers issue recalls after a safety issue has been identified.  This may have to do with a defective switch, computer glitch, assembly malfunctions, etc.  Safety recalls are extremely expensive for the manufacturer, but typically don’t cost the vehicle owner at all.

Flack’s report suggests that with people’s busy schedules, they simply don’t have the time to spare.  One thing leads to another and the entire issue is forgotten.  Another explanation is that people who purchase a used car wouldn’t have received notifications sent to the previous owner.

Unfortunately, the problem may go unresolved.  A serious safety defect may be placing you, your family and other passengers at risk.  Luckily, there’s an easy way for you to determine if there are any outstanding safety recalls on your car.

All you need is your Vehicle Identification Number (VIN).  This is a 17-digit number that’s placed in several areas, including at the base of your driver’s side windshield.  It may also be listed on your registration and/or insurance card.

Once you know your VIN, do a quick Recall Check:  https://www.nhtsa.gov/recalls.  This is a free resource provided by the National Highway Traffic Safety Administration (NHTSA).

Driving with defective equipment can lead to serious automobile accidents and injuries.  Unfortunately, this may also include a traffic fatality.  Your local car dealer’s service department already knows how to make the repair and can quickly order any related parts.  Again, most of the time you won’t incur any expense to have the repair done.

I’d encourage you to do an easy Recall Check to see if your vehicle is one of Louisville’s 150,000 dangerous cars.  The good news is that it doesn’t have to be.  The NHTSA, your local dealer and the Desmond Law Office want you to be safe on our Kentucky and Indiana roads.

I hope you’ll share this information to help others become aware of this simple step.  Being mindful of safety recalls, and more importantly, taking action to get your automobile repaired is important.  Summer road trips are just around the corner.