• May 15, 2017

Elmer Douglas O’Dell, Vivian Delores O’Dell & Kieren O’Dell Killed, Phoebe O’Dell Injured in Accident near Bardstown, KY

Bardstown, KY -- A head-on collision between a semi-truck and a passenger vehicle claimed the lives of Elmer Douglas O'Dell, 72, Vivian Delores O'Dell, 71, and their 3-year-old granddaughter, Kieren O'Dell and left Phoebe O'Dell injured Thursday, May 11, 2017.

Based upon the press release, it appears the vehicle occupied by the deceased victims was traveling along the Bluegrass Parkway around 11:30 a.m. when it was struck head-on by an 18-wheeler.

At the time of the report, it appears the semi-truck crossed the median in the westbound lanes, leading to the deadly accident.

All the deceased victims died as a result of blunt force trauma, according to the report.

Young Pheobe O'Dell is expected to recover.

The investigation is ongoing.

map of the area

Commentary

According to the early media reports, it was the semi-truck that crossed the median, leading to the collision with the passenger vehicle. The report seems to do more than simply imply the driver of the truck was at fault. So, this is obviously an open-and-shut case, right? Not necessarily. The fact is the insurance company representing the trucking company will fight tooth and nail to avoid liability in any accident.

One tactic commonly employed by trucking companies when their backs are against the ropes is to claim that the driver in the opposing lane failed to take evasive action. How do they justify this claim? Well, they often claim that although their driver drifted across the lane, causing a head-on collision, the driver in the other vehicle was at fault as they "failed to take evasive action" in avoiding the collision.

Though it seems outright foolish, the fact is they are utilizing an area of the law that applies to commercial trucks and passenger vehicles alike: all drivers are obligated to do all in their power to avoid collisions.

You might be asking yourself, "How do such ridiculous claims play in a court of law?" Simply put, if victims do nothing to combat such claims, they work. However, victims have resources at their disposal to beat back this threat. With the assistance of knowledgeable, third-party investigators, victims can gather the necessary evidence to expose the ridiculous claims made by trucking companies, and receive the justice they so rightly deserve.

--Grossman Law Offices

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