Possibly the biggest drawback of being a passenger in a car is having zero control over whether you’re in an accident or not. Even if you’re riding with someone you fully trust, they can make a split-second decision that results in an accident–and you could be left facing serious injuries, or worse, the loss of your life.
Unfortunately, this is what happened in a recent accident in Wayne County on Sunday, April 27, 2025, according to a story from LEX 18.
Kentucky State Police (KSP) Post 11 in London responded to the call of a two-vehicle accident at the intersection of West Kentucky 90 and Highway 1546 around 8:00 a.m. They found that both the 19-year-old driver and 18-year-old passenger were ejected from their car after the driver pulled out in front of a semi-truck being driven by a 34-year-old man.
The 18-year-old passenger was pronounced dead at the scene by EMTs, while the 19-year-old driver was seriously injured and had to be flown to the University of Kentucky (UK) Hospital for treatment. The semi-truck driver was also flown to UK Hospital with injuries, but was later released.
Who’s Allowed to File a Wrongful Death Claim in Kentucky?
Accidents like the one in the story above show how dangerous a collision can be, not just for the driver, but for the passenger. A death is by far the worst outcome of accidents like these, and while it can’t undo the loss of a loved one, there is the option of filing a wrongful death claim. In Kentucky, though, a wrongful death claim can only be filed by the:
- Personal representative of the deceased person’s estate–also known as the executor.
This person is usually named in the deceased’s will, but if there is no will (as is probably the case when a younger person dies in the accident), a probate court will name someone to file the claim.
Once the claim is filed, the claims process generally follows the same steps as a typical car accident, whether it’s handled through the insurance company or taken to court with a lawsuit.
However, it’s here that another key difference is made between a wrongful death claim and a normal car accident claim. Instead of focusing on injuries, the goal is to address the real-life impact the loss has had on the surviving family. This usually relate to costs of things like:
- Medical care and funeral and burial services
- Day-to-day support and connection of a close family member
- Emotional pain and grief
- Missing the guidance, care, and presence the person would have provided to their children
- Losing the paycheck or financial help they provided
- Losing the future income they likely would have earned
- In some cases, extra damages meant to hold the responsible party accountable and discourage similar behavior (punitive damages)
Keep in mind, Kentucky law generally gives families just one year from the date of death to take legal action. Missing this deadline could mean giving up any chance to secure the financial relief your family may need to start moving forward. And our team of Kentucky wrongful death lawyers at Kaufman & Stigger will be there to help.
Reach Out to Kaufman & Stigger After a Fatal Car Accident in Kentucky
Losing someone you love in a car accident is almost unthinkable–and the legal process that follows can be too much.
At Kaufman & Stigger, PLLC, we’re here to help ease that burden. Our team is prepared to guide you through the next steps and help you go after the financial support your family may need to start the healing process. Contact us today for a free consultation.
