A man is dead after he crossed the centerline and collided head-on with a commercial roll-off truck.
According to Wilder Police Chief Chad Martin, a 35-year-old Cincinnati man died at the University of Cincinnati Hospital from injuries he suffered in the crash. A preliminary investigation indicates that his 2019 Kia crossed the centerline and into the path of an oncoming 1997 Western Star roll-off truck.
No other details were available.
Fault vs. Liability
Accident investigators almost always immediately assign fault to wrong-way drivers in wrong-way wreck cases. Most preliminary findings are inaccurate, usually because of bias and false assumptions. Accident investigations usually follow this general rule.
Bias comes into play in wrong-way investigations if, as is often the case, one driver died in the wreck. If that’s the case, accident investigators only hear one side of the story. Tortfeasors (negligent drivers) very rarely lie in these situations. However, like the rest of us, their memories are selective. For example, if the wrong-way driver was speeding slightly, the surviving driver might state that the wrong-way driver was speeding excessively.
Electronic evidence often refutes these incorrect findings. A vehicle’s Event Data Recorder is a good example. These on-board computers provide almost conclusive evidence of things like:

Vehicle speed,
Steering angle,
Engine RPM, and
Brake application.

Since computers don’t remember things selectively, if they were working properly, the evidence they provide is usually more compelling than eyewitness testimony, which is often biased.
Additionally, many investigators make false assumptions, usually about the law. They assume that wrong-way drivers are always responsible for these wrecks. This incorrect assumption makes sense, The wrong-way driver is usually violating at least one traffic law, whereas the other driver often did nothing wrong.
Obviously, an accident investigator is not a Lexington personal injury lawyer. Therefore, the investigator knows little or nothing about the last clear chance doctrine.
All drivers have a legal duty to avoid accidents, no matter what another driver does or doesn’t do. If Driver A has a reasonable chance to change lanes, speeds, or otherwise avoid wrong-way Driver B, Driver A is legally responsible for the wreck. Both drivers breached their duty of care, but Driver A had the last clear chance to avoid a wreck.
First Party Liability
If a driver was a commercial operator, that status also affects the fault/liability question. Generally, commercial operators, like Uber drivers and truck drivers, have a higher duty of care in Kentucky. As a result it’s easier to prove negligence, or a lack of care.
The duty of utmost care, which applies to commercial operators, requires them to take affirmative steps to avoid crashes. Therefore, there’s usually no such thing as a commercial driver “accident.” Instead, there’s usually only commercial driver “negligence.” Driver impairment, mostly fatigue and drug use, is a serious problem among truck drivers. 
Since profit margins are so small, truckers are under tremendous pressure to deliver loads as quickly as possible. So, they stay behind the wheel as long as possible. Over the last several years, the Federal Motor Carrier Safety Administration has diluted some important HOS (hours of service) rules. These acts encourage truckers to push the envelope even further.
To counteract the effects of fatigue, or so they hope, amny truckers use amphetamines. These drugs help drivers feel more alert. But they don’t change the underlying effects of fatigue, such as slow motor skills and clouded judgment. Additionally, when amphetamines wear off, users crash fast and hard.
Third Party Liability
Commercial driver wrecks usually involve respondeat superior, a complex legal doctrine that holds employers financially responsible when their employees are negligent during the course and scope of their employment.
This additional financial responsibility is important. Kentucky has one of the lowest auto insurance minimum requirements in the country. Therefore, many drivers are effectively underinsured, especially if the wreck causes a catastrophic injury or wrongful death.
Kentucky courts define respondeat superior elements in broad, victim-friendly ways. Scope of employment is a good example. Once upon a time, this phrase was limited to something like a regular delivery driver on a regular delivery route. Now, according to most courts, any act that benefits the employer in any way is within the scope of employment.
There’s a lot at stake. Damages in a car crash claim usually include money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
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. We routinely handle matters in Fayette County and nearby jurisdictions. The post Deadly Head-On Wreck in Northern Kentucky first appeared on Goode Law Office, PLLC.