wrecks

09.05.2017

Kentucky Court Reverses Summary Judgment When Basic Reparations Benefits Were Not Timely Paid

Kentucky is a "no fault" insurance state. While this does not mean that a person hurt by another person's negligence can never seek compensation following a motor vehicle accident, it does provide that certain minimum benefits must be available to those who purchase automobile insurance, without regard to fault. The idea is that injured individuals who suffer only minor injuries will have their medical expenses paid through their own personal injury protection (PIP) or basic reparations benefits (BRB), thus discouraging lawsuits. Read More

07.07.2017

Who has duty to enforce big rig size limits on Kentucky’s roads?

Generally, when someone is hurt due to another party's negligence, the injured person has a right to seek fair compensation in a court of law. When the alleged breach of duty was by a governmental entity or government employee, however, different rules apply. At common law, the government could not be held liable for injuries caused by negligence. This was because of the "sovereign immunity" doctrine, which held that "the king can do no wrong." While it is now possible to file suit against the government and be awarded money damages under some circumstances, such cases tend to be much more difficult than if the defendant had been a business or individual without government ties. Read More

05.05.2017

Tennessee Court of Appeals Reverses Summary Judgment in Tractor-Trailer Accident Case

Because of the disproportionate size and weight between commercial trucks and passenger vehicles, people in the smaller vehicles tend to suffer more serious injuries in a tractor-trailer accident. However, as a recent case illustrates, truckers also can be injured - especially when both of the involved vehicles are 18-wheelers. Read More

04.12.2017

Kentucky Appeals Court affirms verdict in favor of insured in Underinsured Motorist case

If you don't have uninsured or underinsured motorist coverage, you should talk to your insurance agent about purchasing this very important coverage as soon as you can. Such coverage can mean the difference between a fair recovery and financial ruin in the event of a serious accident with a driver who has no insurance or who has only the minimum policy limits. However, should you ever need to actually use your uninsured or underinsured coverage, do not expect your insurance company to be on "your side" of the case. Read More

03.07.2017

Kentucky Supreme Court rules against plaintiff in lawsuit against insurance company

Insurance companies have certain duties not only to their insureds but also to those who file legitimate claims against those who they insure. A company's failure to uphold these duties can result in a finding of liability under Kentucky's bad-faith laws, but the claimant has the burden of proving his or her case by a preponderance of the evidence. This is not always an easy task, since there those involved may not agree about who is at fault or the amount of damages to which the claimant is entitled. Read More

02.07.2017

Truck accident case brings settlement for client

Attorney Kyle Roby Attorney and partner Kyle Roby recently settled a truck accident case for $850,000 on behalf of a Kentucky client. We have posted about this case on our main firm web site, and are sharing with our audience here as well. Here is a summary of the case. Read More

11.29.2016

Company that brokered shipment through freight company not vicariously liable for 18 wheeler accident

When it comes to claims arising from an 18-wheeler accident, an injured person is often wise to "cast a large net" and name as many defendants as possible. This is because insurance coverage issues and policy limits can restrict the ultimate recovery from a particular defendant, but, if several defendants are named, it is more likely that the plaintiff will be fully compensated for his or her medical expenses, lost wages, and pain and suffering. Of course, the defendants named in a tractor-trailer wreck case may have a viable defense, and they have a right to seek the dismissal of the case against them on procedural grounds. In such cases, it is up to the courts to decide who stays and who goes. Read More

09.20.2016

Tennessee Court rules that plaintiff in car accident lawsuit cannot rely on Servicemembers Civil Relief Act to toll time

If you follow this blog regularly, you have probably read several posts regarding situations in which a car accident lawsuit or other type of complaint was dismissed due to the plaintiff's failure to file a claim within the statute of limitations. It is a common problem, and one of the reasons we emphasize contacting an attorney as soon as possible when you have been injured. Filing a timely claim in a court of competent jurisdiction is only the first step in the process of filing a lawsuit. The complaint also has to be served upon the defendant according to the applicable rules of civil procedure. Read More

08.02.2016

Kentucky court rules driver had no duty to sound horn to prevent pedestrian accident

Lawsuits arising from negligent operation of a motor vehicle typically involve two drivers, each driving his or her own vehicle. Passengers in one or both vehicles may also be parties to the suit if they were injured in the collision. Sometimes, the case involves a pedestrian accident. Regardless of whether the person seeking to recover compensation following an automobile accident is a motorist, a passenger, or a pedestrian, the plaintiff has the burden of proving that the defendant was negligent. This means that he or she failed to act in a prudent manner, causing harm to the plaintiff. Read More

05.20.2016

Distracted driving is a dangerous and deadly practice

 We live in an increasingly fast-paced society in which people take on multiple activities at once to get more things done. The level of risk that accompanies this habit varies according to the tasks at hand. For instance, if a person decides to drink coffee while reading a book, the worst thing that will probably happen is that the book will get ruined by spilled coffee. But in distracted driving cases, the level of risk goes up substantially. When a driver attempts to do another task, such as sending a text message, changing music, or applying makeup, the risk of a serious injury or death is high. Our firm has seen multiple accidents in which people were seriously injured or even died due to distracted drivers. In an Atlanta case that's gotten national attention, a teenage driver was using SnapChat while driving and became involved in an accident in which a man was left with traumatic brain injuries. Part of the evidence in the case is a SnapChat screen shot that indicates the teen was driving more than 100 miles per hour. You can read about this case in an article on the TechCrunch news web site. If you're not familiar with it, SnapChat is a social media application for smart phones that allows users to record video or photos and add more information, drawings and writing over the photos. One of the ways to use SnapChat is to add a filter over the photo that shows more information about where the photo was taken. One option is a filter that shows speed. While that's fine to use if you're a passenger, and kinda fun to use if you're traveling 400 miles per hour on an airplane, it's a terrible idea to use this feature while driving. We feel like this should go without saying - but obviously, some need to hear it. Read More