Negligent and distracted driving can cause terrible accidents. It can cause injuries and death, and it can hurt not only those involved in the accident itself, but it can hurt loved ones who may lose someone close to them or have to deal with consequences from the injuries suffered by the person involved.
Negligent and distracted driving can occur in many ways. Someone could be looking at their phone when they are distracted, or they could be driving under the influence of alcohol or some other controlled substance. Both of these factors were the case in a recent Kentucky case, Stotts-Young v. Burdette.
This case involved a police officer who was in the process of conducting a routine traffic stop. She was in her cruiser when a tanker truck struck her cruiser from behind. The police cruiser then caught fire, and the police officer died at the scene. After the crash, the truck driver tested positive for two controlled substances, and may have been watching a video on his phone at the time of the accident. This accident occurred in 2018, but this case has been ongoing because of the Covid-19 Pandemic and has caused the family of the officer further stress and exhaustion.
The plaintiffs in this case have alleged that the driver violated several Kentucky statutes that involve distracted driving and driving under the influence. The lawsuit also accused the parent company of negligent training and supervision. The attorneys in this case for the officer unfortunately faced a stream of discovery restrictions and actions taken by the defendants to limit their ability to fight the case.
The defendants filed motions to restrict discovery, and the truck driver used his Fifth Amendment rights against self-incrimination, and therefore did not have to be deposed and was able to avoid answering written discovery. The laws of Kentucky were also a barrier for plaintiffs in the criminal case as well. Here, the defendant’s attorney used the courts to throw up multiple barriers, including disallowing access to the driver’s cell phone records.
However, there were ways for the plaintiffs to get around this. The plaintiffs were able to show the drivers negligence with video from a surveillance camera. They were also able to use the testimony from witnesses at the scene of the accident to show that the driver was under the influence of drugs and used two positive drug tests to prove this point as well.
This case illustrates how plaintiffs’ attorneys, through their hard work for their clients, can show the negligent and unsafe actions of others who cause injuries or death. The attorneys here worked hard, despite all the barriers thrown at them, and were able to get a settlement amount for the family of the officer.
Have You or A Loved One Been Injured by the Negligence of Another?
Contact the attorneys at Hurst Limontes, LLC. We fight for you and always want to help get you just compensation for your injuries. Our car crash attorneys have decades of combined appearance with different types of personal injury law. Contact our office for a free consultation today!