No matter where you drive in Kentucky, the possibility of a car accident is always there. This is true whether you live in a big city or in a rural area. But not every accident is the same, and some–like head-on collisions–are usually more serious.
This is unfortunately what happened recently in Adair County, where a head-on collision on Russell Springs Road left one man dead and two others injured. According to a story from WBKO Kentucky State Police (KSP) troopers are still investigating the accident. Initial reports say the collision happened on Monday night, June 9, 2025, finding that an SUV driven by a 36-year-old man crossed the centerline and ran head-on into a pickup truck driven by a 49-year-old man.
The driver of the SUV was pronounced dead at the scene by EMTs, while the driver of the pickup truck and a young passenger were taken to T.J. Health Columbia Hospital with non-life-threatening injuries.
Can I File an Injury Claim Against a Deceased Driver in Kentucky?
Obviously, the story above shows just how dangerous a typical head-on collision is. But it also raises an interesting–and important–question: can you file an injury claim against a driver that caused the head-on collision, but didn’t survive? The short answer is yes, but because it’s a bit of a unique situation, it’s important to understand how the process works:
- The claim is filed against their estate – Instead of filing a claim against the driver directly, you go through their estate, which will be managed by a personal representative appointed by the probate court.
With that covered, the claims process becomes pretty familiar. It’ll be done through either:
- An insurance claim out of court
- A lawsuit in civil court
With a claim filed, you recover “damages” based on your injuries and other losses, like:
- Medical costs and future care – This includes ER visits, follow-ups, medication, physical therapy, and any treatment you’ll need going forward.
- Lost wages or future earning ability – This can cover missed paychecks if your injuries kept you from working or affects your income long-term.
- Vehicle repairs or replacement – This covers the damage done to your car or helps replace it entirely.
- Pain and suffering – This covers costs related to the pain caused by your injuries, both short- and long-term.
- Emotional distress – Similarly, this relates to costs of things like anxiety, depression, or trauma from the accident.
- Changes to your daily life – If your injuries make it harder to enjoy your routines, hobbies, or relationships.
Just keep in mind: in Kentucky, you usually only have one year from the date of your accident to file your claim. After that, your chance to recover damages may be gone–so it’s important to act quickly and get help early if you need it.
How Can Our Kentucky Car Accident Lawyers Help You?
When you’re in a car accident, you’re probably dealing with medical bills, time off work, and other losses that leave you scrambling. And if the other driver doesn’t survive, it only adds a layer of complexity and guilt to an already tough situation. At that point, it may be time to bring in help. Here’s what our team of Kentucky car accident lawyers at Kaufman & Stigger, PLLC can do to help
- Walk you through your options so you know what path you can take and what each might look like.
- Gather everything needed to back up your claim.
- Take a close look at how the accident happened and who’s responsible.
- Handle the insurance company so you don’t have to deal with pressure, lowball offers, or saying the wrong thing.
- If a fair settlement isn’t possible, we’ll be ready to take your case to court.
At the end of the day, our job is to take the stress off your plate so you can focus on getting better. If you’ve been hurt in a car accident in Kentucky, we’re here to guide you–starting with a free consultation.
