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wrecks

04.29.2016

Guardrails are the subject of national scrutiny

By Kyle Roby, attorney English, Lucas, Priest and Owsley, LLP Metal guardrails run alongside many highways, particularly those that hug a steep embankment. They’re designed to protect those in a car if it careens off the highway. In some cases, though, guardrails are making accidents much more deadly than they should be. A recent accident here in Bowling Green could have possibly had a different outcome if a guardrail was not involved. A car veered off of Morgantown Road and hit the support wires of a utility pole and the guardrail. The guardrail penetrated the car and hit the driver. She was killed. Two others were hospitalized with serious injuries, and two more were treated locally for less severe injuries. Read More

04.26.2016

Uninsured motorist insurance carrier sues in accident case

Uninsured motorist insurance coverage can help pay for property damage, medical expenses, lost wages, and pain and suffering in the event that an insured is involved in an accident with an uninsured (or underinsured) driver.  An uninsured driver is just what you would think it means – a driver that does not have insurance. Underinsured driver means the at fault driver has insurance, but they do not have enough insurance to cover your damages such as medical bills, lost wages, and pain and suffering. If an insurance company makes payments to its insured under a uninsured motorist policy, the insurance company has a right to file suit against the uninsured driver in order to assert its subrogation rights. In such cases, the insurance company essentially stands in the shoes of the insured and is held to the same procedural rules as the insured if he or she filed the lawsuit. Read More

03.22.2016

Kentucky Supreme Court says two-year statute of limitations in underinsured motorist claim is valid

Regardless of the merits of a party's complaint, it will never be heard unless the courts find that it was timely filed. Failure to comply with the statute of limitations isn't just a small "technicality." It is a deal breaker when it comes to negligence litigation. A recent underinsured motorist claim case in Kentucky highlighted the importance of hitting deadlines. It can also be a mistake to file suit on the eve of the running of the statute of limitations. As the plaintiff in the case set out below discovered, waiting until shortly before the expiration of the limitations period can be very costly. Read More

01.28.2016

Big rig accidents more prevalent on slick roads

By Kyle Roby, Attorney and Partner English, Lucas, Priest and Owsley, LLP This winter’s weather challenged everyone who was out driving in it, but especially those driving tractor-trailers. Some big rig accidents occurred during last week’s heavy snow, no doubt, as trucks weigh several tons and are hard to stop even during ideal driving conditions. The best thing to do during bad weather is stay home, of course, but not everyone has that option. If you’re called into work on a day when it is snowing, your bosses are expecting you to report for duty. Those who work in hospitals, emergency responders and city government officials have no choice. It’s their duty to take care of the rest of us – and we’re certainly all grateful for that. While truck drivers are limited in how far and how long they can drive in a day by rules created and enforced by the Federal Motor Carrier Safety Administration, the government agency has rules and regulations as it relates to adverse driving conditions. Adverse conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun. Read More

01.08.2016

Liability issues for employees in work-related vehicle accidents

By Kurt Maier, Attorney English, Lucas, Priest and Owsley, LLP Many people drive a company car as part of their work. If you drive often, chances are, at some point, you’ll be involved in some kind of vehicle accident. After you’ve made sure you’re not injured and that everyone else involved is OK, too, one of the first things that might come to mind is whether or not you’ll be liable for the damage caused by the accident. If you’re driving your employer’s vehicle with your employer’s permission, you are not liable in most circumstances for a work-related vehicle accident. I address this very topic in a recent video I created. You can watch it here: Read More

11.27.2015

Practical Considerations after Obergefell v. Hodges: Is a loss of consortium claim available for married, same-sex couples?

When a husband or wife dies or is severely injured as a result of someone’s negligence, the surviving spouse can typically seek damages for past medical expenses, future medical expenses, pain and suffering, lost wages, impairment of earning capacity and what’s called “loss of consortium.” Essentially, loss of consortium is the loss of the loved one’s love, care, services, assistance, and companionship. Loss of consortium seeks to compensate the surviving spouse for the harm endured to the marital relationship. Damages for loss of consortium can be awarded not only in wrongful death cases but also in cases in which a spouse has been severely injured and is unable to provide the love, care, services, assistance, and companionship that the couple enjoyed when both persons were healthy. Damages for loss of consortium are only available to married couples. KRS 411.145 states that “either a wife or husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful act of such third person.” Read More

07.23.2015

Big rigs are required to keep truck log books, but few do

By Kyle Roby, Attorney English, Lucas, Priest & Owsley, LLP Tractor trailer drivers are required to keep log books. Log books record the time a truck driver has been driving or on-duty. It's one of the first things we examine when we're called on to help someone who has been injured in an accident that involves a truck. Few drivers, however, are as dutiful with keeping those truck log books as they should be. Log books are hand-written, and simple to read, and easy to keep up with if a driver wants to do so. The truck log books require the following of a driver and the company he or she works for: Log books must be kept as the driver goes. Every time a driver begins the day, he or she is required to note the city, state, and time. The driver is to keep track of the amount of time driving - time left, time arrived, and time spent on breaks throughout the day. The name of the company that owns the truck and its headquarter's location are required at the top of each log book page. The driver must sign the log book to indicate that the information in it is accurate and truthful. If the driver is following the law, the truck log books should show that he or she abided by the time limits specified by law. Police officers, state troopers and officials from the Federal Motor Carrier Safety Administration are allowed to examine the log books at any time to check to see if the driver is following the law. Many times, though, drivers do not keep up with log books, or falsify the books to indicate he or she has abided by the law. Read More

06.24.2015

Tennessee Car Wreck case affirmed

When someone is injured in a car accident, there are several different types of damages that can be included in a settlement or judgment, assuming that a case of negligence can be made against the negligent driver. Depending upon the circumstances, possible damages include past and future medical expenses, lost wages, loss of future earning capacity and property damages. Non-economic damages, such as pain and suffering and loss of enjoyment of life, are more difficult to calculate than economic damages, such as medical bills and lost wages. Often, these are the most heavily contested elements of a car wreck case, once liability has been established. Sometimes, those types of damages are even the subject of an appeal. Read More

06.16.2015

Kentucky Statute of Limitations for Car Accident Determined by Date of Issuance of Replacement Check, Not Date of Original Check That Was Lost – Beaumont v. Zeru

Most civil lawsuits involving personal injury are subject to a statute of limitations, or time limit, after which a party has no legal recourse unless a special exception applies. When this happens, it is often said that the statute of limitations has been "tolled." Both the length of the limitations period and the possibility of tolling can vary widely, depending upon the state in which the accident occurred. The recent case of Beaumont v. Zeru discussed the extent to which an insurance company's payment of certain benefits affects the time period during which an injured motorist may file suit against the responsible party. Read More

04.14.2015

8 steps to take if you’re involved in a car wreck

Car wrecks occur every day by the thousands. Sometimes they’re slight fender-benders, but other times these accidents cause injuries that can impact the quality of life of those involved. Having a plan in place if you’re involved in a car wreck can help you if you are not severely injured. Talking through your plan with your family can prepare you and is an excellent step to take. We’ve outlined eight steps we would tell any clients to take if they are involved in an accident. If anyone in your vehicle is injured and needs immediate medical attention, call 911 as soon as you can. It’s important to get an ambulance headed your way as soon as possible, particularly if you are in a rural area. This can take time, as can the ambulance ride to a medical center, and time is your greatest enemy when you’re injured. If you or someone in your vehicle is severely injured, the rest of this list doesn’t matter. Nothing is more important than getting them the help they need to survive and recover. Read More