Kaufman & Stigger, PLLC helps car accident victims in Louisville by answering their questions about the legal process. Every car accident causes damage in some way, but unfortunately, some are worse than others. What’s worse, there’s no real way to tell if a seemingly minor collision won’t result in fatal injuries. If you and your family are facing such an accident, we can help. Contact us today for a free consultation.
What Kind of Car Accident Has the Highest Death Rate in Louisville?
Louisville, being Kentucky’s largest city, is a pretty busy place. Whether it’s going to work, taking your child to school, or simply going from one place to another, you spend a lot of time behind the wheel. And while you’re probably careful, there’s always the chance that you could be in a car accident–which could in turn result in serious, even fatal injuries.
According to Vision Zero Louisville’s statistics, there were:
- 71 fatal car accidents in 2023.
Of these, the leading types were:
- Single vehicle accidents – 28
- Head-on collisions – 17
- Angle, or t-bone, collisions – 12
- Rear-end collisions – 9
- Other – 5
While this data shows just how dangerous specific car accidents are in Louisville, it’s important to remember that any car accident has the potential to be fatal. And if you or your loved ones are a victim of one of these accidents, there’s a legal process in place to help.
How is the Legal Process Different After a Fatal Car Accident?
Simply put, the legal process differs after there’s a fatal car accident in Louisville because you (or your surviving family members) need to file a “wrongful death” claim instead of a regular injury claim. In Kentucky, only the personal representative (often the executor) of the deceased person’s estate can file this claim on behalf of the family. This person is usually named in the will or appointed by a probate court.
Once the wrongful death claim is filed, it follows a similar process to a regular car accident case, involving either an insurance claim or lawsuit. However, the damages available in a wrongful death case focus on the losses you or other surviving family members have gone through. So, in one of these claims, damages can include:
- Funeral expenses – This covers the costs of the funeral, burial, or cremation, including any related fees and services.
- Loss of financial support – These damages are for the income the deceased would have provided for the family.
- Loss of companionship – These damages are built around the emotional and social loss of the deceased person’s presence and support.
- Emotional distress – These damages are meant to address the grief and pain felt by the surviving family members due to the loss.
Keep in mind that in Kentucky, you still only have one year from the date of death to file a wrongful death claim. Missing this deadline means you or your family can’t file a claim, missing out on the chance to recover vital financial support that will help your family move forward.
What Causes Most Fatal Car Accidents in Louisville?
While the above data lays out what types of car accidents are usually fatal in Louisville, it doesn’t necessarily get to the bottom of why these accidents happen. Not surprisingly, it has a lot to do with all of the normal factors that go into any car accident, like:
- Driving while impaired – Alcohol or drugs have a hugely negative impact on a driver’s ability to judge, coordinate, and react, increasing the risk of serious accidents.
- Distracted driving – Using a phone, texting, or otherwise focusing on devices (even the car stereo) while driving can lead to fatal crashes.
- Speeding – Driving too fast reduces reaction time and worsens accidents.
- Recklessness – Aggressive driving like tailgating, weaving through traffic, or running red lights can result in deadly crashes.
- Fatigue – Drowsy driving slows reaction times and decision-making, making it as dangerous as driving under the influence.
- Road conditions – Poor road conditions, like potholes or unclear signage, can cause accidents if drivers aren’t careful.
- Vehicle issues – Problems such as worn-out brakes or tires can lead to accidents if a vehicle isn’t properly maintained.
- Inexperience – New or inexperienced drivers may make critical mistakes in difficult driving situations, leading to serious accidents.
Any of the reasons listed could be behind your family’s experience with a fatal accident. It’s crucial to act quickly and take the right steps to build a strong case. That starts by working with our experienced car accident team, which can guide you and your family through this difficult time.
Should You Hire a Lawyer After a Fatal Car Accident in Louisville?
While you’re not required to hire a lawyer after a fatal car accident in Louisville, having experienced legal help from our team at Kaufman & Stigger, PLLC can be incredibly important. Whether you were involved in the accident or not, our team can provide the support you need, including:
- Creating a plan that’s right for your situation.
- Collecting key evidence to strengthen your case.
- Explaining your legal options in clear terms.
- Supporting you throughout the entire legal process.
We aim to make the legal process as smooth as possible for you and your family. We understand that coping with the aftermath of a fatal accident is incredibly difficult, but we’re here to help you get the financial and legal support you need to move forward. Contact us today to set up a free consultation to learn more.
