Ice and snow are hard to avoid during a Kentucky winter. However, that does not mean that a driver who loses control on a slippery road and crashes into another vehicle is not at fault for any resulting injuries or deaths. Instead, drivers have a duty to drive safely given the weather conditions. The driver who caused your loved one’s accident and resulting death may be liable for wrongful death if he was:
- Speeding or driving too fast for weather conditions.
- Following your loved one’s vehicle too closely.
- Otherwise negligent.
In other words, you may be able to recover damages if you and your wrongful death lawyer can prove that the other driver:
- Owed your loved one a duty of care. Drivers owe a duty of care to other drivers on the road.
- Failed to exercise reasonable care. This may occur if the other driver failed to act like a reasonable Kentucky driver would act in similar conditions. Thus, if a reasonable Kentucky driver could have avoided the deadly crash and this driver failed to do so, then he may have breached his duty of care.
- Caused your loved one’s injuries. You will need to establish that your loved one would not have died when he did but for the accident injuries he suffered.
Kentucky law allows the personal representative of the decedent’s estate to file a wrongful death case. You may have standing to bring a wrongful death lawsuit against the driver who was responsible for your loved one’s premature death.
To find out more about how to protect your potential recovery if your loved one has died on an icy or snowy Kentucky road, please read our FREE report, Critical Information to Know Before Filing a Wrongful Death Lawsuit in Kentucky today.