In the early spring of 2021, Jeff Kincaid** was enjoying a nice Saturday afternoon in Kentucky on his motorcycle when he was unexpectedly and violently struck by the driver of an SUV. The SUV was stopped at a sign while waiting to turn left on a four-lane road. Jeff was traveling westbound on the four-lane road when the driver of the SUV negligently pulled out in front of him and crashed into his motorcycle. The severity of the impact caused Jeff to be thrown off the motorcycle. As a result, Jeff suffered a skull fracture, facial fracture, right ankle fracture, and right shoulder fracture with a rotator cuff tear. He was immediately transported to the ER via ambulance and admitted for surgery on his shoulder and treatment of his other injuries.
LEGAL UPDATE: ATTENTION – Agricultural workers who were exposed to the herbicide Paraquat and have been diagnosed with Parkinson’s disease
Paraquat is a widely used herbicide in the United States for the control of broadleaf weeds and grasses before planting or emergence of various crops, to control weeds in orchards, and to desiccate plants before harvest. Paraquat, commonly known by the brand name Gramoxone, is a restricted-use pesticide only available for use by certified applicators due to its high level of toxicity. Paraquat is so dangerous that it is either banned or phased out in 32 countries worldwide, including China, the European Union, and Brazil.
Since its registration as an herbicide in the United States in 1964, countless Kentucky farmers have used or been exposed to Paraquat over the course of their lives and farming careers. U.S. farmers currently use more than 8 million pounds each year on crops such as peanuts, citrus, wheat, soy, corn, almonds, artichokes, garlic, pears, strawberries, grapes, sweet potatoes, and cotton. Those most at risk from exposure to Paraquat are farmers, crop dusters, herbicide applicators, chemical mixers, tank fillers, and other agriculture workers.
By Kyle Roby, Partner
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: Continue reading
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 a car wreck. Insurance companies want to limit the amounts of money that they must pay out to injured parties. One way to accomplish this goal is by disputing that their insured is at fault in what occurred.
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:
By Kyle Roby, Partner
If you follow ELPO Law on social media (facebook.com/ELPOLaw; @ELPOLaw) or subscribe to our ELPO eNewsletter (click here to subscribe), you are familiar with articles with tips on how to protect your family with car insurance or what happens if you are involved in an accident involving an Uber driver. For most people who are involved in a car wreck, however, it is either their first accident or they have no idea on what happens next. Here are five things that you need to know after being involved in a car wreck:
By J.A. Sowell, Attorney
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 have the green light. Then, out of nowhere, a pick-up truck unexpectedly tries to turn left in front of your vehicle. Despite going the speed limit and paying attention to the road, there is nothing that you can do to avoid the collision. Boom! The pick-up truck rams into your vehicle, causing it to spin out and incur significant damage. You and your kids sustain neck and back injuries from the impact. The other driver is clearly at fault. No big deal, though… his insurance will surely cover the property damage, as well as the medical bills, lost wages, and pain and suffering you endured, right?
Well… maybe. According to the Insurance Research Council, there is a 13% chance that the driver who hit you does not have any insurance at all – even though Kentucky law requires every driver to maintain a certain level of insurance coverage. There is also a good chance that while the driver has car insurance, he only carries the minimally required coverage, which may not be enough to fully cover the damages you sustained from the accident he caused.
So, what can you do to make sure your family is protected in a situation like this? You can prepare for these unimaginable situations by obtaining uninsured and underinsured motorist coverage on your automobile insurance policy.
By Bob Young, Managing Partner
Over the last couple of years, I have represented clients significantly injured as the result of accidents caused by a golf cart, ATV and a trailer that came loose from a truck. In each case, one of the major hurdles was proving that the person who caused the accident had coverage under either their homeowners or automobile insurance policies. For those who caused accident, they risked not being covered and thus subjecting themselves to a large payout that could have devastated them financially.
By Kyle Roby, Partner
According to the National Highway Transportation Safety Administration (NHTSA) and the Centers for Disease Control and Prevention (CDC), motor vehicle crashes are the leading cause of death for U.S. teens. As a whole, the majority of crashes that involve teen driving are due to lack of experience and poor decision making. For example, with so many rear-end car accidents occurring, it stands to reason that teen drivers may have been distracted when this happened or had a delayed reaction time due to lack of experience. Moreover, teens may also have a heightened sense of invulnerability due to their age. The following statistics from the NHTSA and CDC illustrate these points:
By Bob Young, Managing Partner
If you have been involved in an automobile, truck or any other kind of accident, it is very important not to delay your treatment. Doctors’ offices, clinics and hospitals are all operating under strict guidelines due to COVID-19, however many are adapting to get you the necessary treatment you need after an accident. Numerous medical practices are allowing telehealth appointments where they can conduct your visit online via webcam. It’s as simple as using your phone, smartphone or laptop with a shared link to conduct your exam.