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Kentucky Accident Attorney

12/8/2008
Hans G. Poppe
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Radcliff Man Dies in Fatal Louisville Wreck With Drunk Driver...why his estate might not have a case

According to the News Enterprise, a Radcliff, Kentucky man died Friday in a fatal car crash on the Gene Snyder in Louisville..  Even though the other driver was intoxicated, the deceased's estate may not have a good case against the drunk driver.  That's because the Radcliff man was not wearing a seat belt and was ejected from the car.
Kentucky has a seat-belt defense that prevents someone from recovering for their injuries if a wearing a seat-belt would have prevented them
In order to succeed, his estate will have to prove that even if he had worn a seat belt, he still would have suffered severe injuries or death.  In situations such as this, we usually hire a biomechanical engineer and an emergency room physician to evaluate the forces and injuries to determine whether a seat belt would have prevented the injuries or not.  Tough case.

hans

Labels: auto wreck lawyer car accident car crash car wreck car wreck lawyer drunk driver negligence personal injury wrongful death

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