Injured by a Drunk Driver in Kentucky? How to Get Compensation

Drunk driving destroys lives. If a drunk driver hurt you or killed a close family member, Kentucky law may allow you to seek compensation for your losses. The fact that the driver causing the accident was intoxicated and arrested could make your case simpler, because the issue of their fault should be pretty clear, so your case would focus on your injuries and financial losses.

Satterley & Kelley, PLLC attorneys represent pedestrians severely injured in vehicle accidents throughout Kentucky. If you or a family member is injured in an accident in the Louisville area, call us toll-free at 855-385-9532 to learn more.

A Driver is Arrested After an Accident Severely Injures Two and Kills One at a Bus Stop

Kevin D. Moore faces multiple criminal charges, including driving under the influence and murder, after police claim he crashed his vehicle into a Shively Transit Authority of River City (TARC) bus stop in May. They state Moore was drunk at the time he killed one person waiting for a bus and critically injured two others, reports WDRB.

The Shively Police Department states officers responded to a collision at the intersection of Rockford Lane and Dixie Highway. They found a woman dead at the scene. Two women were transported to a local hospital because of their severe injuries. Two others at the bus stop suffered minor injuries.

Police said surveillance camera video from a nearby business showed Moore’s pickup truck going north on Dixie Highway at Rockford Lane, where he ignored a red light and crossed into the intersection. The truck hit a car that was turning left into a bank parking lot. After that crash, Moore apparently drove onto the sidewalk and into the bus stop where several people were standing.

Two passengers in one of the vehicles identified Moore as the pickup driver. He was sitting on the curb and admitted to officers he was drunk, but denied the accident was his fault.

Police state Moore told them he had been drinking tequila before the crash. The police state his breath smelled strongly of alcohol, and he was close to losing his balance and falling over. Police describe his speech as slurred and forced. 

Moore refused a field sobriety test, according to police, because he knew he was drunk and asked the officers to take him to jail. After being taken into custody, a blood test established that he was intoxicated. Moore has pleaded not guilty to the charges.

How Might This Situation Play Out for the Injured Parties and the Family of the Deceased?

Injured pedestrians could file claims against Moore’s vehicle insurance policy. If a settlement isn’t negotiated, they may file a personal injury lawsuit against him in court. Assuming his insurer admits the policy covers the crash, they would pay for his legal defense and a jury verdict up to the policy’s limit.

Close family members of the deceased could follow the same path. If they file a lawsuit, it would be a wrongful death lawsuit seeking compensation for the losses they suffered.

There are several issues in cases like this, including the following.

1. Personal Injury Cases Revolve Around Liability and Injuries

Liability means being legally obligated to compensate someone, in this case, for causing injuries and death. A plaintiff, the party filing the lawsuit, needs to establish that the defendant, the party sued, is liable for the injuries of those who survived and the death of the deceased. In this case, not only was the driver arrested, but witnesses and a video exist showing what happened. Liability should easily be proven.

That leaves a plaintiff with the burden of establishing their injuries, their impact on them, and their financial losses.

2. What Will Pay for the Parties’ Compensation?

The damages, or the losses the parties suffer that could be recovered, in a case like this could be substantial. A person lost their life, and two others were severely injured. They may or may not be disabled, short or long-term. They may lose a lot of income if they can’t work. They may suffer severe, chronic pain.

Depending on the deceased’s age and occupation, she may have earned a substantial living before an expected retirement. She may have been very active in enriching her family’s life and supporting others.

The total value of all the potential claims in this situation could be hundreds of thousands, if not millions, of dollars. Many drivers don’t have that kind of insurance coverage, nor do they have the personal assets to make up the difference. The sad reality is that sometimes plaintiffs don’t get the compensation they deserve.

In a situation where liability is clear, the damages are substantial, and the policy value isn’t enough to fully compensate the parties, an insurer may provide the court with the full value of the policy, and the parties would need to decide who will get how much.

The victims in this case were waiting for a bus. They may not own vehicles. If you do, one way to protect yourself from a situation like this is to purchase uninsured/underinsured motorist coverage. If you’re injured by another driver (even if you’re a pedestrian) and their insurance coverage isn’t enough to cover your losses, you can make a claim against your own policy to try to make up the difference.

3. How Might the Dram Shop Act Play a Role?

If the driver was illegally served alcohol by a bar, restaurant, liquor store, or other business licensed to sell alcohol, they may be a defendant, too, given Kentucky’s Dram Shop Act.

Their liability would need to be proven (the driver appeared intoxicated or was underage but served or sold alcohol anyway). If that can be established, their insurance coverage and assets could go a long way to compensate the plaintiffs for their losses. Someone in the business of serving alcohol should have far more liability coverage than the average Kentucky driver.

Speak To a Satterley & Kelley, PLLC Vehicle Accident Injury Lawyer Today

If a close family member’s been killed, or you suffered a serious injury, in an accident caused by a driver impaired by alcohol or drugs, Satterley & Kelley PLLC lawyers can protect your interests and rights to compensation.

Schedule a free initial consultation to discuss your case. Call our Louisville office at 502-589-5600 (toll-free at 855-385-9532) or complete our contact form.