A child died at the hospital and another child is still in critical condition after an impaired driver ran a red light and struck another vehicle with six people inside. According to police, the accident happened early Friday morning, July 12, 2019, at the intersection of Tates Road and Lansdowne Drive in Lexington.
At least two of the occupants were children, and all were taken to a local hospital. Tragically, one of children died around 7 a.m. Police arrested the driver and charged her with driving under the influence. The accident is still under investigation, and additional charges are pending.
Kentucky Impaired Driving Accidents
In Kentucky, there are roughly 6,000 vehicle collisions a year where impairment was an issue each year. In theses, over 3,000 people get injured and 200 die. Even though the number of DUI’s has come down over the last several decades, it still takes a toll on those involved.
Impaired Driving and Liability
Many people injured in a DUI wonder if the fact that the driver was impaired simplifies their case and means they might get higher compensation. However, while that may seem fair—especially when a child dies—it’s not that simple.
The reason is, the law requires anyone who is injured in an accident to prove that the other driver was negligent. Another Kentucky law says that any charge or conviction in a criminal court can’t be used in a civil court to find fault. This means fault has to be proven by the evidence.
In many cases, the impaired driver was obviously at fault, and the fact that they were impaired just adds to the evidence that they were negligent. In other cases, it may not be obvious that the impaired driver was at fault. In Kentucky, the law allows for a jury to share blame between both drivers who then have to pay for their share of the damages.
Contact a Lexington Car Accident Attorney
When a child dies, everyone feels for those left behind. At Kaufman and Stigger, PLLC, we have handled sensitive cases like the wrongful death of a child and know that this is a traumatic experience for all involved. If you have been injured or lost a loved one by an impaired driver, you need an attorney that knows the law and the types of damages that can occur from a DUI/wrongful death accident:
- Medical bills.
- Loss of wages, both during the treatment and for any disability.
- Emotional/psychological damages.
- Loss of intimacy with spouse or partner.
- Loss of quality of life.
- Loss of companionship and support.
The attorneys at Kaufman and Stigger, PLLC, have have a a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.