Complex Injury Car Crash In Nelson County
A serious car wreck in Nelsonville drew first responders from two counties to the scene of a two-vehicle collision.
The wreck happened near the intersection of the Bluegrass Parkway and Nelsonville Road, right around a sharp curve in the road. The vehicle owner from Campbellsville, told investigators that she allowed her friend to drive her Chevrolet Impala; and that the Impala’s tires were bald and she had earlier hydroplaned over a wet spot on the road. As the Impala rounded the curve, it slid over some liquid on the road’s surface, which police believe may have been fuel or oil. The Impala driver lost control and smashed into the passenger side door of a Honda Accord that was traveling in the opposite direction. Two people were transported to nearby hospitals with serious car wreck injuries.
Nelson County EMS, Hardin County sheriff’s deputies, the NCSO, Kentucky State Police, and Hardin County EMS all responded to the scene.
Duty in Serious Car Wreck Cases
Vehicle owners have a legal responsibility to maintain their cars in such a way that they are safe for highway operation and do not present a hazard to any other vehicle operators, bicyclists, or pedestrians on the road. Poor breaks, nonworking signal lights, steering issues, and bald tires all certainly fall under both aspects of this inquiry, because if any of these items is defective, the defect could cause a serious car wreck.
Kentucky and several other states do not have mandatory vehicle inspection laws, but this absence does not relieve drivers of their legal responsibility under the duty of care. In fact, if anything, the duty is more intense in jurisdictions that have no mandatory inspection, because self-inspection is the only tool that helps ensure roadway safety.
If the mechanical defect caused the wreck, as it arguably did in the above story, the tortfeasor (negligent actor) is usually liable for both economic and noneconomic damages.
Legal Issues in Serious Car Wreck Cases
If an uncontrolled hazard, such as an animal crossing the road or a wet spot on the highway, was a primary or contributing cause of the crash, insurance company attorneys usually raise the sudden emergency defense. This doctrine forgives negligent conduct if:
- Unexpected Situation: When it comes to a slick spot on the road, fuel spills might qualify as sudden emergencies because these hazards are unanticipated; rain and ice clearly do not qualify as such hazards are to be expected under certain conditions.
- Reasonable Reaction: The bald tires may come into play here, because that mechanical flaw may have prevented the tortfeasor from regaining control of the vehicle in a timely fashion.
If there are multiple tortfeasors (as in the above story, which arguably involved a negligent owner and a negligent driver), Kentucky is a pure several liability state, so the judge normally apportions damages between the responsible parties based on their percentage of fault.
Serious car wrecks often involve complex legal issues. For a free consultation with an experienced personal injury lawyer in Mumfordville, contact Attorney Gary S. Logsdon. Our main office is conveniently located in Brownsville.