Excessive speed may have been a factor in a crash that sent a 16-year-old girl to the hospital in critical condition. She died less than a week later.
The crash, which involved a Subaru Forester and a semi tractor trailer, occurred in the 4000 block of Alexandria Pike, near the intersection of St. Michael Drive. The semi tractor trailer hit and chipped part of the lower concrete wall on Alexandria Pike, drove up a hill, and came to a stop in the Bob Evans parking lot. “We did have an entrapment of a subject in a smaller vehicle and we had to use our extrication equipment to extricate the victim from the vehicle. It took us 5 to maybe 7 minutes to have that person extricated and on their way to the hospital,” said Fire Chief Dan Schultz.
Authorities acknowledged that many speed-related wrecks occur in this area. “Fortunately a lot of them on Alexandria Pike or US-27 are minor in nature and are a little bit slower because of the traffic, but we do have our fair share through here,” Chief Shultz remarked.
Permanent Injuries in Car Crash Claims
To one extent or another, almost all car crash injuries are permanent injuries. Sometimes these injuries are fatal weeks, months, or years after a wreck. Some examples include:
Head Injuries: If brain cells die, they never regenerate. So, a combination of surgery and physical therapy reduces the symptoms. But these things never “cure” the injury. Additionally, this reduction usually just slows the progression of the injury. These wounds kill over 64,000 Americans every year. Eventually, the symptoms are disabling and then fatal.
Broken Bones: Given adequate time and proper treatment, broken bones usually heal. However, the loss of motion is usually permanent, especially if doctors used metal parts to reconstruct the shattered bones. Additionally, if victims break a bone, like a leg bone, they’re more likely to break it again. These cases are tricky. A Lexington personal injury lawyer must prove the car crash, as opposed to the fall or other subsequent incident, caused the subsequent injury or death.
Internal Injuries: Bleeding livers, kidneys, and other internal organs are relatively easy to patch. Some doctors stop there, mostly because they aren’t comfortable doing more. Doctors who focus on car crash injuries go the extra mile and perform more permanent repairs.
On a related note, even nonfatal injuries usually involve future medical expenses. If a lawyer resolves a claim too early, the settlement might not include future medical bills and emotional distress. If that happens, victims are financially responsible for the bills and they must suffer in silence.
Liability Matters
Most noncommercial drivers have a duty of reasonable care. They must drive defensively and, if possible, avoid accidents.
Most commercial drivers, such as taxi drivers and truck drivers, have a duty of utmost care. They must go above and beyond to avoid accidents.
Pre-departure vehicle inspections are a good example. Noncommercial drivers must immediately address any “check engine” or other warning lights. Commercial drivers must also visually inspect their vehicles. A brief walk-around isn’t enough. This inspection must include an under-the-hood inspection and a close look at brake cables and other mechanical parts.
The higher duty of care makes it easier for a Lexington personal injury lawyer to prove negligence, or a lack of care, in commercial operator wrecks. Most ordinary negligence claims have four components:
Duty, which was discussed above,
Breach, or a violation of the standard of care,
Cause, or a connection between the breach and the damages, and
Damages, which in most cases, is a tangible injury or property loss.
Many Kentucky courts also recognize torts like intentional infliction of emotional distress and negligent infliction of emotional distress. Generally, the distress must be debilitating.
Driver responsibility in commercial driver wrecks aren’t just easier to prove in court. Usually, such claims involve vicarious liability. Employers are financially responsible for the injuries their employees cause while they’re acting within the course and scope of employment. Kentucky laws define these key terms, like “employee” and “scope of employment,” in broad, victim-friendly terms.
Wrongful Death Issues
Third party liability is especially important in wrongful death matters. Generally, individual tortfeasors don’t have enough insurance to cover all losses in these matters, such as:
Decedent’s final medical bills,
Lost future emotional support,
Decedent’s pain and suffering, and
Lost future financial support.
Most attorneys partner with outside professionals in wrongful death cases. Many of these damage categories, especially something like lost future emotional support, are difficult to calculate.
In a way, this point is moot. No amount of money fully compensates for the wrongful death of a family member. One of our clients once said that if she had a choice between a billion dollars and her son, she’d take her son back.
However, the compensation helps survivors move on, which is what the decedent would have wanted. Additionally, wrongful death claims hold negligent individuals, and the companies that hire these individuals, responsible for the damages they cause.
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 Runaway Semi-Truck Kills Teenage Girl first appeared on Goode Law Office, PLLC.