injuries

08.24.2021

My Vehicle Was Damaged in a Wreck… What Do I Need to Know?

By Kyle Roby, Partner Kyle Roby English, Lucas, Priest and Owsley, LLP All too often I get calls from people who have been rear-ended by a distracted driver. Most of the time, when no one was injured with only damage to the vehicle, there is not a need for a personal injury attorney like me to get involved, but I am always happy to provide information on how one should proceed after being rear-ended and provide a warning for potential pitfalls that may arise. What often complicates matters is when the person that rear-ended the vehicle does not have insurance, leaving the person who got hit to fix their car out of their own pocket. In these situations, whether you are trying to seek payment for damages from the at-fault driver’s insurance company or your own to get your car fixed, this can be an extremely frustrating experience. Here are five tips that I often share to help ease your frustration: Read More

08.04.2021

Will The Insurance Company Pay for My Injury if the Wreck is My Fault?

What is disputed liability and what impact does it have in the state of Kentucky? By: ELPO Law Attorney J.A. Sowell (jasowell@ELPOLaw.com; 270-781-6500) Disputed liability is a term used by insurance companies when negotiating bodily injury claims made against their insured after there is an injury resulting from… Read More

11.30.2020

What You Need to Know About Safe Driving During Winter Weather

By ELPO Law Attorney Jessica Shoulders According to the Federal Highway Administration and the National Highway Traffic Safety Administration (NHTSA), each year, 24 percent of weather-related crashes occur on snow, slushy, or icy roadways, and 17 percent of all vehicle crashes occur during winter conditions.  With winter approaching, it is important to know what you can do to reduce your chances of being involved in a winter weather related crash and what to do if you find yourself in the unfortunate situation of being involved in one. Snow and ice reduce pavement friction and vehicle maneuverability, causing slower speeds, reduced roadway capacity, and increased crash risk. Heavy snow and sleet can also reduce visibility. Lanes and roads are obstructed by snow accumulation, which reduces capacity and increases travel time delay.  If you encounter any of these road conditions, the following tips from AAA and the NHTSA can help you avoid a crash: Read More

05.19.2020

Car Insurance: Is My Family Really Protected?

By J.A. Sowell, Attorney J.A. Sowell Reprinted from SOKY Happenings article 4.30.20 Picture this – it is Monday evening. You are driving down Campbell Lane with your two children in the backseat headed to grab a quick dinner after soccer practice. As you approach the intersection with Scottsville Road, you… Read More

03.02.2020

Jury Awards Over $7.1 Million to ELPO Law Clients in Truck Wreck

English, Lucas, Priest & Owsley, LLP (ELPO Law) announced today that a jury has awarded over $7.1 million to ELPO Law clients who were involved in a truck wreck in 2017. Kyle Roby Charles Basham and Jeff Basham have been in the towing and truck wreck business all of their… Read More

01.15.2020

What Happens If You Are in an Accident While Riding in an Uber?

By Kyle Roby, Partner Kyle Roby Most of us use the ride sharing service Uber when we need a ride because our car is in the shop or we are planning an evening out on the town. When you call for an Uber, the last thing on your mind is… Read More

10.02.2019

Use of Juul Smoking Device Associated with Adverse Health Effects

Bob Young By Bob Young On September 9, 2019, the Food and Drug Administration issued a stern warning to Juul Labs. The FDA sent 2 letters to the e-cigarette manufacturer stating that it was troubled by Juul’s marketing and outreach practices. The agency cited a testimony from a July congressional hearing… Read More

08.14.2019

Dangers of Distracted Driving

3,166 people were killed in motor vehicle accidents involving distracted drivers in 2017. Read More

08.04.2016

Tripping accident lawsuit thwarted by release written into membership application

Property owners and business operators owe certain duties to those who come onto their premises for a business or social purpose. A breach of this duty can potentially result in a finding of liability against the landowner and an award of damages in favor of an injured party. This is most commonly referred to as a "slip and fall" case, in which someone is injured because of property that isn't maintained, such as a cracked sidewalk or other similar issue. For this reason, it is increasingly common for would-be defendants to ask for a waiver of liability from those with whom they do business. It is up to the courts to determine whether such waivers are valid under the facts of an individual case. Read More

01.19.2016

Federal Court of Appeals affirms $525,000 verdict against retail store in Tennessee in slip and fall injury suit

By Kurt Maier, Attorney English, Lucas, Priest and Owsley, LLP The basic components of a negligence case are duty, breach of duty, causation, and damages. In slip and fall injury cases, called premises liability cases in legal terms, an injured person must also show that the owner or operator of the premises either caused the hazardous condition that led to his or her injuries or had constructive notice of. The constructive notice element of proof can be shown in several ways, including proof that the dangerous or defective condition had been in place for a length of time sufficient for the defendant to have become aware of the condition in the exercise of reasonable care. Constructive notice can also be shown through the defendant's recurring conduct or a continuing condition. Of course, each case is unique, and disagreements can certainly arise as to whether a defendant was constructively notified of a particular situation. In some such cases, video surveillance footage can be an important piece of evidence, even if the slip and fall injury in question was not captured on camera. Read More