On Thursday, April 28th, 30-year-old Justin O’Neal Langham and his 23-year-old girlfriend, Kiyaira Michaela Kincaid lost their lives in a car wreck when her 2008 Ford Focus left the road and struck a tree on the driver’s side. Alabama State Troopers said Kincaid was driving at an excessively high rate of speed on Alabama 184, also known as Second Street, across from Galaxy Flea Market, which is three miles east of Muscle Shoals. Colbert Sheriff Frank Williamson was at the scene of the accident and described the crash as one of the worst he’s seen in his career. He said, “It was apparent that it happened very quickly, and I’m thankful they couldn’t have known what even happened. The car didn’t even look like a car.”
What’s next for children who lost their father due to reckless driving?
WBRC Fox6’s LawCall Host, Tiffany Bittner, interviews Attorney Kirby Farris.
TIFFANY BITTNER: What a tragedy, Kirby – two young lives lost due to what appears to be reckless driving. Mr. Langham leaves behind three children. What would you say to his family when it comes to going after his girlfriend’s insurance company? I am sure it is a sensitive situation, but that is the reason auto insurance is required by Alabama State Law.
KIRBY FARRIS: The first thing that Mr. Langham’s family needs to understand is that they will likely not be going after Ms. Kincaid’s personal assets. They will be compensated by her insurance company. Very few personal injury attorneys will pursue someone’s personal assets – at least not any that I am aware of. A personal injury attorney’s focus is usually on battling the insurance companies. Insurance companies’ success is based on settling cases for the least amount possible – regardless of what the injured party is entitled to. It’s my job to make sure that our clients are compensated fairly and are able to return to as normal of a life as possible.
TIFFANY BITTNER: Since Mr. Langham was the passenger in a reckless driving accident, what rights does his family have when it comes to collecting from Ms. Kincaid’s insurance company, and do you foresee any complications in this particular situation?
KIRBY FARRIS: Guest/passenger cases are complicated as it is. In this situation, both parties are no longer living to explain what happened and the purpose of their car ride. This case will take an experienced personal injury attorney who is willing to put in the time to investigate this accident. I can foresee many complications, but nothing that would deter me from investigating the case. While Guest/Passenger situations can be difficult, we have been successful in triggering insurance coverage in other cases.
TIFFANY BITTNER: If the family does hire an attorney to work on the case, what happens if it gets too complicated and the attorney isn’t able to get family the compensation they deserve? I know you work on a contingency fee, meaning you don’t get paid unless you win for your client, correct? That seems risky in this situation.
KIRBY FARRIS: Correct, but most cases are a risk. You don’t know all of the facts until you start investigating the case. We actually get a lot of case referrals from other personal injury attorneys when a case becomes too complicated or it is necessary to go to trial. We’ve made a reputation for ourselves in that way.
Note: The information included in this post was derived from secondary sources and has not been independently confirmed. Any inaccurate information will be corrected immediately after being brought to the site’s attention. If you identify any false information within this story, please inform us immediately so we can adjust the post to contain the most accurate information available surrounding this event.
Disclaimer: The intent of this post is to provide general information to our readers and to help improve the safety and quality of life for those who live in our state. At Farris, Riley & Pitt Law Firm, we intend to honor those who are victimized in accidents across Alabama. We aim to provide up to date information to the public surrounding these incidents in hopes of helping others avoid becoming victims themselves. If anyone is involved in an accident, we would like to make sure they know how to respond, should a tragedy occur. Information in this post, should not be considered legal or medical advice. You should seek further assistance from a legal or medical professional if you or a loved one is a victim in an accident. Any photos depicted in these posts are not representative of the actual accident scene.