Martin County Car Accident

Posted on Sep 14, 2012

Alcohol was allegedly involved in the collision of two vehicles in Martin County, Kentucky. According to Police, a black Jeep collided with a 15 passenger van that was transporting five Air Methods employees to the local airport. Witnesses state the driver of the Jeep was barely breathing by the time EMS arrived. Still no word on the condition of the driver as five people had to be airlifted to Huntington Hospital after the accident.

Crash statistics
There were 187 fatal accidents in Kentucky in 2011 where at least one driver had a BAC of 0.08% or above. There were 200 people killed in Kentucky in accidents where at least one driver had a BAC of 0.08% or above. An average of 26 people were killed in Kentucky in accidents where at least one driver had a BAC between 0.01% and 0.07% every year. About 226 total deaths are caused in Kentucky where at least one driver had a BAC of 0.01% or above every year.

Related: New Technology Set To Remove Drunk Drivers From Roads

Kentucky DUI laws
Based on this news report, it appears that one of the drivers was under the influence at the time of the collision. According to the Kentucky Revised Statute 189A.010 (1): "A person shall not operate or be in physical control of a motor vehicle anywhere in this state, have an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two hours of cessation of operation or physical control of a motor vehicle, while under the influence of alcohol, while under the influence of any other substance or combination of substances which impairs one's driving ability, while the presence of a controlled substance listed in subsection (12) of this section is detected in the blood, as measured by a scientifically reliable test, or tests, taken within two hours of cessation of operation or physical control of a motor vehicle, while under the combined influence of alcohol and any other substance which impairs one's driving ability or having an alcohol concentration of 0.02 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two hours of cessation of operation or physical control of a motor vehicle, if the person is under the age of twenty-one."

Wanton endangerment
A driver whose act of driving under the influence results in the injury of another will likely face Assault or Wanton Endangerment charges. Wanton endangerment in the first degree is when "under circumstances manifesting extreme indifference to the value of human life, they wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person." In such cases where negligence or wrongdoing is involved, the injured victims can file a lawsuit or claim seeking compensation for damages including: medical expenses, lost income, pain and suffering and punitive damages. A personal injury attorney will be able to advise victims and their families in such cases about their legal rights and options.