Distracted driving is more common than people realize. Recent research, for example, found that the average driver travels over three miles each day while distracted. Smartphones have created the ultimate temptation for people to take their eyes and minds off the road. It is difficult, if not impossible, for people to ignore the notifications that come pouring in from their phone.
Many people may glance down for a moment, but those seconds add up. Even those who check their devices at stop signs and traffic lights can remain mentally distracted for some time, after they look up from their phone.
All of the times they glanced down at their device add up to a frightening amount of distraction. If your family has recently lost a loved one in a crash related to distraction, you have rights under Kentucky law to potentially take action against the driver of the other vehicle.
What is wrongful death?
To understand your rights as a survivor of someone lost in a tragic motor vehicle collision, you first have to understand what wrongful death is. Kentucky defines wrongful death as a fatality caused by the wrongful acts or neglect of another person.
Wrongful acts involve breaking the law. Texting while driving is a violation of Kentucky law. Therefore, it is a wrongful act. Arguably, it is also a form of negligence, which makes your claim to wrongful death compensation that much stronger.
What compensation can you seek?
Even if the courts decline to take criminal action against the other driver, you can still ask the Kentucky courts to award you damages for the loss of your loved one. They may be better able to pay you the ordered compensation if they remain outside of jail. Winning a wrongful death suit can feel like a form of justice in cases without criminal charges.
You may seek personal injury damages for any medical costs that your loved one incurred prior to succumbing to their injuries. You can also seek funeral costs, lost wages and other provable related expenses, such as loss of support. Deciding on a reasonable amount of compensation isn't easy, which is one reason to talk with a lawyer.
Working with an attorney can make it easier to handle the situation
If you have recently lost a loved one to a tragic accident, it is probably hard for you to handle the daily obligations of life, to say nothing of the stress of learning about civil law and attempting to take legal action against an irresponsible, distracted driver.
Working with an attorney means that you don't have to learn the civil code yourself or worry about filing paperwork. Your attorney can handle all of those details on your behalf.