When is a Kentucky car accident death a wrongful death?

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No matter how you look at it, losing a loved one to a Kentucky car accident is wrong. But, is it a wrongful death?

In 2012, 421 people died in Kentucky car wrecks.  Most of these accidents were caused by driver negligence in which a driver was possibly speeding, intoxicated, or checking his texts instead of looking at the road.

The term “wrongful death” refers to any death that is caused by the negligence, recklessness or wrongful act of another. By this definition, most Kentucky car crash deaths can be considered wrongful deaths. However, proving negligence in a wrongful death case isn’t always easy.

A Louisville wrongful death attorney will have to show that the accident would not have occurred if another person had not acted negligently. Examples of negligent or reckless behavior that cause a fatal car accident include:

  • Driving while under the influence of alcohol
  • Driving while impaired by medication or illegal drugs
  • Driving while talking or texting on a cell phone
  • Ignoring traffic control devices or signs
  • Breaking traffic laws
  • Falling asleep at the wheel
  • Failing to yield to a pedestrian or a vehicle that has the right of way
  • Aggressive driving
  • Racing

Your Louisville car accident lawyer will also need to show that the driver who caused the fatal accident knew or should have known that he was behaving recklessly.

If you have lost a loved one in a Kentucky car wreck, you and your family may be eligible for wrongful death damages. To discuss your own claim, contact Gray and White Law at 888-450-4456.