For many people in Louisville, walking to work is a necessary thing. But, whether you have to walk down the block or along a major road, there’s always potential hazards in the form of moving vehicles. Then, there’s other factors that make it worse, none more than driving under the influence.
According to a story from WDRB, a 45-year-old woman was killed when a man struck her with his vehicle while he was nearly four times over the legal blood alcohol content (BAC) limit. Louisville Metro Police Department (LMPD) investigators say that the collision happened around 9:00 p.m. in the 7700 block of the Outer Loop near Highview. The man was driving east on the Outer Loop when he ran off the south side of the road and collided with the woman, who was walking to work.
She was taken to University of Louisville Hospital, where she later died of her injuries. Witnesses say the man fled the scene after hitting the woman, but the man was later identified due to dash cam footage and a license plate number from the same witness. Shortly after hitting the woman, the man was involved in another crash on Johnson School Road. After he was taken to U of L Hospital with minor injuries, his blood sample came back with a BAC of .342. He was charged with murder, DUI, and fleeing the scene of an accident.
Can You Recover Damages in a Fatal Pedestrian Accident?
Stories like the one above illustrate just how dangerous it is to walk near a busy Louisville road when drivers are under the influence. Yet, even in situations where there’s a fatal accident, you or your surviving family members still have legal options.
However, rather than an injury claim, a “wrongful death” claim will be filed. One major difference is that only the “executor” of the deceased person’s estate can file the claim on behalf of the family. This person is usually named in the will or appointed by a probate court. Once the claim is filed, though, it moves forward like a typical claim, either through an insurance claim or a lawsuit.
Another key difference relates to the damages. The damages in a wrongful death claim are different because they focus on the losses the surviving family members and loved ones face. These losses can include:
- Medical care and funeral expenses
- Loss of close family relationships
- Emotional distress from losing a loved one
- Guidance and support the deceased would have provided their children
- The deceased’s salary and benefits
- Future earnings they would have made
- Additional damages to punish the wrongdoer and prevent future incidents
It’s important to note that in Kentucky, you typically only have one year from the date of death to file a wrongful death claim. Missing this deadline may prevent your family from getting the financial support they need to move forward. Aside from that, working with our team of experienced Louisville pedestrian accident lawyers is in your family’s best interest.
Contact Kaufman & Stigger After a Fatal Pedestrian Accident in Louisville
Losing a loved one in a fatal pedestrian accident is devastating. However, our experienced lawyers at Kaufman & Stigger, PLLC are here to guide you through your claim and offer the support you or your family needs. To get the process started, contact us today for a free consultation.
