Hughes & Coleman | Injury Law Blog

Bicycle, Pedestrian, Car Collide Seriously Injuring Jeffersonville Man

A collision on Louisville’s Clark Memorial Bridge leaves one man in critical condition after colliding with a bicycle, partially knocking him into traffic.

The incident occurred Wednesday around 6:00 p.m. when 38-year-old Michael Amick, Jeffersonville, Indiana, was walking towards Louisville on the bridge connecting Indiana and Kentucky. Amick was struck by an oncoming bicyclist, knocking him partially into the road where he was struck by the vehicle.

Jeffersonville Police are still investigating the accident to see if environmental factors may have contributed to the collision.

Amick is currently at University of Louisville Hospital receiving treatment for multiple injuries, including head injuries. The bicyclist and driver were uninjured during the incident. 

For more visit: http://www.wlky.com/news/30306423/detail.html

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Tennessee State Police state the driver of a semi-truck sneezed while transporting a shipment of refrigerated food, causing him to rear end a Greyhound bus on I- 24 near Murfreesboro Wednesday afternoon. 

The Nashville bound bus was in route from Atlanta and had 15 passengers at the time of the collision, 7 of which reported minor injuries. Neither driver was injured during the incident.

For more on this story, visit: http://www.wkrn.com/story/16600798/truck-bus-wreck-on-i-24-in-rutherford-county

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Two over-turned tractor trailers created a halt in northbound and southbound traffic on I-65 near Sumner County Tuesday evening following a wreck that left several passenger vehicles damaged.

Shortly after 8 p.m., Millersville Police report every on-duty officer was on the scene to aid in the removal of debris caused by the collision. No major injuries were reported.

Millersville officials are still investigating the cause of the initial crash but did report the passenger vehicles were not initially involved in the crash, rather they were damaged after by debris.

I-65 was reopened in both lanes shortly before 1 a.m.

For more on this story please visit http://www.tennessean.com/article/20120124/NEWS01/120124037/Millersville-Police-THP-work-Interstate-65-wreck-Sumner-County

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Clients who are involved in auto collisions with reckless drivers, drunk drivers or drivers under the influence of drugs often want to know what effect the other driver’s actions and/or condition will have on their claims.  In Kentucky, the standard to be applied is whether the defendant driver’s conduct showed a “reckless disregard” for the well being of others on the roadway.  The determination of whether the defendant’s conduct equates a “reckless disregard” is a question for the jury to consider.  Based on historical jury actions, repeated intoxicated (whether alcohol or drugs) driving offenses do seem to satisfy that standard.  A single, isolated intoxicated driving offense may or may not satisfy that standard depending largely on the attitude of the jury.  Cell phones and driving is a new area and it seems that juries are tending to view that very much the same as intoxication.   Persistent, repeated reckless driving could also result in a jury finding of “reckless disregard”.  A finding of “reckless disregard” often results in the award of punitive damages. 

Punitive damages are an additional area of recovery for the injured party.  Furthermore, punitive damages are generally non-dischargeable in bankruptcy (meaning that the defendant cannot take bankruptcy and wipe out the judgment against him).  Also, Kentucky law recognizes no exclusions from minimum limits (meaning that up to $25,000 of punitive damages must be paid from the defendant’s liability coverage, assuming that the defendant had auto coverage).  So, in short, the effect that the defendant’s behavior may have on an injured person’s claim is to increase its value both in court and in settlement, and to protect the entire claim from a potential discharge in bankruptcy by the defendant driver. 

Finally, an additional consideration is whether the defendant driver was operating his or her own vehicle.  If not, a case for “negligent entrustment” may be made against the owner of the defendant’s vehicle.  This is an additional cause of action and may open up additional sources of recovery.  If you or someone you know has been involved in an auto collision with a drunk, intoxicated, drugged, texting while driving or using their cell phones and driving, you should immediately contact an attorney so that a thorough and prompt investigation can be conducted and your rights can be protected.

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