On February 26, 2023, at approximately 3:30pm, a one-vehicle auto accident took place in Louisville, Kentucky killing one person and injuring another. The accident took place on 1-265 North (Gene Snyder Expressway) near I-65. There was no mention of how this accident happened and who occupied the vehicle.

The Estate of the Passenger can make a Claim for Wrongful Death against the Driver in this Single Car Accident.

In some states, a passenger who is a friend or relative of the driver cannot make a claim against the driver for negligence in causing a car accident and their resulting injuries or death. These statutes are called “guest” statutes and the state of Indiana has this law. Fortunately, Kentucky does not have a “guest” statute and the estate of passenger in the above described auto accident can make a wrongful death or personal injury claim against the estate of driver in the Louisville auto accident described above.

A single car accident normally means the driver is at fault in the accident. There are some exceptions to this rule. Sometimes there is negligence from an outside party that causes a single car accident such as defective vehicle, negligent repair of a vehicle or creation of a hazard on a roadway. If there is a negligent third-party in a single car accident, then the driver or their estate, in the event of the death of the driver, can make all the claims allowed by Kentucky law- pain and suffering, medical expenses, lost wages, etc.

Assuming that the single-car accident driver is at fault, the only claim that can be made is for no-fault benefits because these benefits are being paid without regard to who was at fault in the accident. If the single car accident driver is seriously injured and unable to work, they should notify their auto insurance company that they want to reserve their entire $10,000.00 dollars in no-fault benefits for lost wages. This is important because they may not have another source to pay lost wages, but they are likely to have health insurance that can pay for their medical expenses.

A Car is a 2000 Pound Bullet that can Kill!

Even the smallest car weighs 2000 lbs and traveling at a speed of 45 mph can be as deadly as a gun. If we stopped to realize the potential damage that a car can do when we drive it, there might not be so many single car auto accidents or accidents period. Running into brick wall at 45 mph is similar to the impact of a car accident.

If you wear a seatbelt, then the force applied to your body is greatly reduced and you have a better chance of surviving and suffering just minor injuries. If you are in a large truck or other vehicle the impact can be reduced and this is why you see older people driving bigger vehicles. They understand the protection provided by a bigger vehicle.

Contact Louisville Car Accident Lawyer

These circumstances will require the services of an experienced Louisville car accident attorney to investigate the cause of the accident and maximize all benefits available to the victim in this auto accident. Matthew Troutman, a Louisville car accident lawyer, of the Troutman Law Office has been handling auto accident claims, almost exclusively, since 1986 and has the experience and talent to obtain the best result for the victims in the above car accident. It is very likely that the at-fault driver will not have enough insurance to fully compensate the victims in this car accident, and, therefore, it will be important for there to be underinsured motorist benefits available.

If you need legal assistance due to a motor vehicle accident, contact Louisville car accident attorney Matthew Troutman directly at 502-648-9507 and he will meet with you in the hospital, your home or wherever is convenient for you. He will give you direct access through his cell phone and guide you through the difficult process necessary to obtain the best result possible for you in your car accident claim. To learn more about Lexington car accident attorney Matthew Troutman and the Troutman Law Office, click here.