Brandon Netherton and his passenger, Jeremy Terry, both suffered from serious injuries, resulting in Mr. Terry transportation by helicopter to University of Louisville Hospital, where reports indicate he is in critical, but stable condition. The crash happened on Oil Well Road in Barren County when Mr. Netherton apparently failed to negotiate a curve, causing the vehicle to run off the street and flip over. The investigation is still ongoing, however, according to Kentucky State Police, alcohol was involved.
Kentucky law provides that drivers on roadways owe a duty of care to other drivers and their passengers to operate their vehicles in a safe and reasonable manner. In order to prevail on a claim of negligence, passengers and drivers of other vehicles would need to assert and prove that the at-fault driver breached this duty by failing to operate his or her vehicle as a reasonably prudent driver would in similar circumstances. Recoverable damages could potentially include property damage, medical bills, lost wages, permanent disability, and pain and suffering.
While driver error seems the most likely cause, a full and complete investigation should be performed to determine exactly what the contributing factors were and answer all the questions the injured will have as to why and how this accident happened. It is always possible that a mechanical failure, defective maintenance or repair or some other defective condition resulted in the wreck happening. Hopefully, the driver and his passenger make a full and speedy recovery.
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