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Kentucky

10.14.2014

Fatal car, truck accidents on the increase in Kentucky and Tennessee

The U.S. Department of Transportation's National Highway Traffic Safety Administration just released statistics for 2012 for auto and large truck fatal accidents. There are three reports, which provide a wealth of information about fatal accidents in the U.S. Links to the reports are available here: A state-by-state analysis of all of the data, including large truck and auto accidents: http://www-nrd.nhtsa.dot.gov/Pubs/812033.pdf Data on passenger vehicles: http://www-nrd.nhtsa.dot.gov/Pubs/812070.pdf Information on large truck accidents (gross weight 10,000 pounds or more): http://www-nrd.nhtsa.dot.gov/Pubs/811868.pdf In this blog post, we'll concentrate on the first report, which analyzes all data from all of the accidents combined. Read More

09.29.2014

Does an Insurance Policy Cover You in a Kentucky Truck Accident?

Finding out what insurance coverage is available for you after a motor vehicle accident can be challenging and complex. In a recent unpublished case, a Kentucky court had ruled an insurance company had no duty to defend or indemnify a man under a liability policy issued to a construction company. The construction company did highway mowing and landscaping, and its entire fleet of trucks was insured under a Tower liability policy. This policy excluded coverage for injuries that could be subject to worker's compensation or a similar law. An accident happened when an employee of the construction company fell from one of its pick-up trucks and died from his injuries. The truck was being operated by Brent Horn. Horn was not an employee of the company, but he had permission to operate the vehicle. Afterward, the decedent's estate filed a wrongful death action against Horn, who believed the liability policy for the trucks covered this type of action. He asked the insurance company to defend and indemnify him, which means paying any damages awarded by the jury. The insurer filed a complaint asking the court to decide whether it had to defend and indemnify Horn. The Court ruled that the insurance contract created coverage for Horn, however, because Horn was not an employee there was no coverage. Read More

09.19.2014

ELPO wins settlement for plaintiff in truck case

Our firm often represents plaintiffs injured in car, truck or tractor-trailer accidents. The injuries from these accidents can be catastrophic or event fatal. The damage to vehicles is often very costly. Almost everyone has to deal with the results of a traffic wreck at some point. How you handle it can determine much about your financial future. If you accept the first settlement offered by an insurance company, you're giving up your rights to examine the case, and your rights to fight for payment for the health care you'll receive and compensation for lost wages and other issues that may result from the accident. In fact, taking some time to let an attorney examine your case gives you time, too, to see how extensive recovery will be from your accident and helps you better negotiate for compensation for the physical problems you may experience down the road that aren't evident initially. Read More

09.16.2014

Kentucky Court of Appeals Overturns Summary Judgment in Car Accident Insurance Lawsuit

The Kentucky Court of Appeals has overturned a lower court’s Order granting summary judgment in a car accident insurance dispute. In Embry v. State Farm Mutual Automobile Insurance Co., two women were involved in a traffic wreck that resulted in injuries. Following the accident, one of the drivers filed a claim for medical and other damages from her automobile insurer. The insurer paid the claim and proceeded to file a lawsuit to recover the money it paid to its insured from the other driver in Jefferson Circuit Court. According to the insurer, the defendant’s negligent actions caused the car crash and all resulting damage. Although the defendant repeatedly denied responsibility for the collision, the insurer filed a motion for summary judgment with the circuit court. A motion for summary judgment asks a court to rule in favor of one party to a lawsuit without proceeding to trial because no genuine issues of material fact exists for a jury to decide. Normally, a court is required to consider all of the evidence offered prior to the filing of such a motion in favor of the non-moving party. In its motion, the insurer claimed the defendant caused the crash and asserted that the amount of damages paid to its insured was reasonable. The defendant opposed the insurer’s motion by stating her alleged liability was unclear and the financial compensation sought by the insurer was excessive based upon the severity of the wreck. In addition, the defendant argued that her answers to the insurer’s complaint demonstrated that the facts of the case were disputed. The circuit court granted the insurer’s motion for summary judgment and ruled in favor of the company. After the Jefferson Circuit Court denied the defendant’s motion, she filed an appeal with the Kentucky Court of Appeals. Read More

08.28.2014

Negligence Per Se in Kentucky

A case involving negligence per se, as opposed to ordinary negligence, occurs when a defendant violates a law or regulation and that violation causes an injury. In Kentucky, the plaintiff in a negligence per se case must be a member of a class of people that a regulation is designed to protect from injury. The violation of the law or regulation must have caused the plaintiff’s injury. The applicable regulation or law defines the relevant standard of care in a negligence per se case. In a 2012 case, the plaintiff invoked negligence per se in a motor vehicle accident. The plaintiff claimed that the defendant failed to stay on his side of the highway or give her half of the highway, as a statute required, and therefore he was negligent per se. The case arose when the plaintiff's car and the defendant's truck crashed. The truck crossed the center line near a curve in the highway. The plaintiff swerved to avoid the truck and was injured when she hit a guardrail. The guardrail was next to a drop into a ravine. The plaintiff hurt her back, neck, and rotator cuff. Read More

08.20.2014

Jessica Shoulders joins local Red Cross Board

Jessica Shoulders joins local Red Cross Board Read More

08.18.2014

Aaron Smith speaks at KACo Leadership conference

Aaron Smith speaks at KACo Leadership conference Read More

08.08.2014

Bob Young elected Chair of the Law Practice Division of the ABA

Bob Young elected Chair of the Law Practice Division of the ABA Read More

07.07.2014

Attorneys speak at Kentucky Stormwater Association conference

Attorneys speak at Kentucky Stormwater Association conference Read More

06.27.2014

Kentucky Supreme Court Expands Employer Liability for Negligent Worker Conduct: MV Transportation, Inc. v. Allgeier

The Supreme Court of Kentucky has issued an opinion related to the potential liability of an employer for the negligent acts of a worker. In MV Transportation, Inc. v. Allgeier, a wheelchair-bound bus passenger was seriously hurt on a cold day when she attempted to disembark from a Louisville para-transit bus after the bus driver negligently operated a wheelchair lift. When the woman attempted to roll onto the lift, her wheelchair tipped over, and she became suspended mid-air in her chair by a safety harness. After the lift lowered, the bus driver apparently unhooked the safety strap, and the woman fell to the ground. As a result, both of the woman’s legs were broken. Instead of calling an ambulance, the bus driver allegedly contacted the bus service dispatcher per the organization’s protocol. The dispatcher in turn apparently notified two of the bus driver’s supervisors about the incident but also failed to contact emergency crews. Despite the freezing temperatures outside, both supervisors purportedly went to the scene of the injury accident before notifying emergency services. About 22 minutes after the incident occurred, an ambulance was summoned by the bus company. Since the bus company employees allegedly downplayed the extent of the woman’s injuries, emergency vehicles did not treat the situation as time-sensitive and responded to the accident scene nearly 20 minutes later. Although the two supervisors apparently took photos of the injured woman as she lay on the ground, law enforcement officers were not summoned to the accident scene. Following the incident, the woman received medical care in a hospital and a rehabilitation facility for a period of 225 days. She also allegedly relied on others for all of her needs following the accident. About one year after the bus incident, the wheelchair-bound woman filed a lawsuit against the bus company seeking damages for the bus driver’s negligence using the doctrine of respondeat superior. In Kentucky and elsewhere, this doctrine allows an employer to be held vicariously responsible for the negligent acts of a worker if the acts were performed during the course of the worker’s employment. The woman also sought compensation from the bus company for its negligent hiring, training, retaining, and supervision of the bus driver. Finally, the woman asked the court to award her punitive damages to punish the bus company for its allegedly egregious behavior. Read More