On February 21, 2023, at approximately 7:00am, a one-vehicle auto accident took place in Hardinsburg, Kentucky killing both occupants in the vehicle. 24-year-old Kevin Rachau was driving at a high rate of speed on Kentucky highway 259 near Finley-Dowell Road when he lost control of his vehicle and ran off the roadway striking a tree and then going down an embankment. 20-year-old William Rachau, presumably the brother of the driver, died in the accident.

The Estate of the Passenger can make a Claim for Wrongful Death against the Driver in this Hardinsburg 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 William Rachau can make a wrongful death claim against the estate of Kevin Rachau in the Hardinsburg accident described above.

Excess Speed can cause an Auto Accident, but normally there is another Fatal Error that leads to the Accident.

In the Hardinsburg accident, speed is reported to be the cause of the accident, but it is likely there was another error by the driver that led to the accident. Speed can be the sole cause of the accident if the driver is unable to maintain his position in their lane of travel simply due to their speed. You certainly see this on windy country roads where the speed of the vehicle is simply too high to maintain their position on the roadway. But, if the accident occurred on a straightaway, then there must have been another driver error made to lead to the accident. Normally, there is some type of distraction diverting the driver’s attention to the roadway in front of them. Otherwise, they would be able to maintain their lane of travel and not run off the roadway. Of course, if you are driving at a high rate of speed, your ability to correct any error in your steering is compromised because your speed gives you less time to react.

Steering overcorrection is common in high-speed accidents. The driver is driving at a speed too fast for the contour of the roadway, their attention is momentarily diverted causing them to drift to one side of the roadway and when they sense the drifting, they jerk their steering wheel hard in the opposite direction. This sequence of actions causes them to lose control of their vehicle and leave the roadway.

The number of one-car accidents and deaths resulting from them is stunning. Most of these accidents result in death because of the objects that are along our roadways. Our roadways are designed based on efficiency and necessity and not safety as the primary consideration. A car running into large trees along the roadway are like running into a brick wall. Additionally, there are significant embankments along our roadways that cause vehicles to flip. If you venture off a roadway at a high rate of speed, your chance of survival is small.

Contact Kentucky Car Accident Lawyer

These circumstances will require the services of an experienced Kentucky 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 Kentucky 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 Kentucky car accident attorney Matthew Troutman directly at 859-696-0001 or 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.