my son 23 years old was killed in a crash. His sister was the driver, they were rounding a curve and t-boned on his side of the car, by a truck. She had lost control and was going side ways in the road. Now here is what happened. She was driving her boyfriends trailblazer, she was high on heroin and no Driver's License or Car Insurance on the trailblazer, she (My daughter is facing charges for his death) because of the drug use, her boyfriend allowed her to leave in his trailblazer because he didn't want to fight with her over it he said. There was no burial Insurance and a lot of medical bills left to pay plus he had 2 children left behind, we can't do anything about the other driver because we live in Kentucky and there is a no fault law I am told
I am terribly sorry to hear this tragic story. Unfortunately, from what you have written, the accident does not appear to be the fault of the truck so there would not be a claim available there. There may be a negligent entrustment claim against the boyfriend but that may be a longshot and may only work for your son. Consult a local attorney. Most give free consultations. Good luck.
There may be a claim for negligent entrustment against the boy friend. You also have a claim against your daughter and the insurance on the truck. You also have a claim for uninsured or underinsured motorist benefits. You may be able to sue the person who sold the heroin to your daughter but probably cannot collect. Speak with a local personal injury attorney.
Any theory against the owner of the truck would be countered by his insurance trying to disclaim coverage for allowing a drug affected, unlicensed person to drive the vehicle. My condolences on your horrible loss.
I am sorry for your terrible loss. You should contact a personal injury attorney in your state. Under California law, which may also be true in Kentucky, a personal injury claim / wrongful death claim can be made for negligent entrustment. Negligent entrustment is a cause of action in tort law (personal injury law) that arises where one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. Here providing a car to dangerous individual can possibly give rise to a negligent entrustment claim.
As well, some states offer compensation to victims of violent crimes.
Further, it is possible that recovery may be available to under son's uninsured motorist coverage (available in California) and there may be similar coverage under Kentucky law.
You should meet with a local personal injury attorney to discuss your tragic situation. I wish you and your family the best.
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
I think that you are totally misunderstanding the meaning of no-fault law. Your deceased son's next of kin (wife?) should speak with a personal injury attorney in the state where this incident occurred. The facts and insurance coverages of all parties involved need to be investigated and analyzed, looking, perhaps, for uninsured motorist coverage for your deceased son and liability coverage on the other involved auto. Do not delay in having this investigation undertaken. The statute of limitations for wrongful death claims is often shorter than for other torts.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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