Sunday, April 22, 2012

Another Wrongful Death Crash in I-71 in Cincinnati

I-71 truck car accident
Another wrongful death was reported on 1-71 interstate 71 in Cincinnati. At about 3:30 AM a woman, Anna Gardner was traveling southbound in the northbound lane of interstate  71 and hit a semi tractor trailer truck head on.
Kevin Lane a passenger in the tractor trailer and Kenneth Cripps, the truck driver were transported to Bethesda Hospital with injuries.

It's so sad. And I'm left wondering how this lady was going the wrong way on the interstate. Condolences to everyone involved. There are some entrances that can be confusing if one is not watching carefully.

Legally this is not technically a wrongful death as the lady that died appeared to be at fault for traveling in the wrong direction. In fact this is the opposite of a wrongful death and if settlement can not be made with her insurance company an estate would have to be opened on her behalf.

A wrongful death claim occurs when someone is killed as a result of the fault of another. An estate has to be opened on behalf of the beneficiaries to purse compensation against the one who caused the death.

But in this case the truck driver and the passenger appear to have been negligently injured by the deceased driver. Since the driver is deceased, if the claim can not be settled with her insurance company an estate would have to be opened so the injured parties could have a legal entity to pursue.