Local news is reporting on another motorcycle fatality on Preston Highway.  The collision involved a motorcycle and a car.  The motorcyclist died at University Hospital.  The driver of the car and passengers were not injured.  However, this report referenced an interesting point, “Police do not expect to file any charges.”  Does this mean the motorcycle wreck is legally finished?  Not at all.

When the police decide not to pursue charges, this almost always relates to our criminal court system.  For instance, was if the driver of the car was drunk when it crashed into the motorcycle, there would be DUI charges.  Our court system handles injury cases in civil court.

The news story indicated that the car appears to have turned in front of the motorcycle.  There are several legal possibilities, depending on what the evidence indicates.

Even though the motorcycle fatality on Preston won’t be pursued in criminal court, there are factors which might be determined by an expert investigation that could lead to enhanced civil damages (e.g. if the driver distracted by texting or talking on the cell phone).

Because the motorcyclist died, this should lead to a wrongful death claim against the driver of the car.  There may be enough evidence to prove the driver turned in front of the motorcyclist and was therefore negligent.

University Hospital will most likely issue invoices for the medical bills.  The attorney representing the estate of the driver may need to sue the driver to recover those medical expenses.

If the motorcycle driver was married or had children, a claim for “Loss of Consortium” can also be part of a lawsuit against the driver.  According to Kentucky law, this claim can be filed for the loss of the relationship with the deceased.  This specific claim covers the following 3 situations, if the loss occurs as a result of a personal injury or wrongful death:

• Death of Spouse – Can be filed by the surviving spouse
• Death of Parent – Can be filed by the surviving, minor-aged child/children
• Death of Child – Can be filed by the surviving parent(s), if the child was a minor

This crash, involving a motorcycle fatality on Preston Highway, happened last night.  The investigators are still working on the case.  More details will surface as the factors involved in the collision are discovered.

Our firm, Hargadon, Lenihan and Herrington, has represented victims and their families since 1924.  Wrongful death cases are emotionally and professionally difficult.  There’s a lot on the line.  To be successful, it requires an immense amount of detailed analysis, a thorough understanding of the applicable laws and skilled negotiators to build the best possible case.  This is the background and experience our attorneys offer our clients.  When experience matters, you can count on Hargadon, Lenihan and Herrington, PLLC.