This is an Advertisement

Articles Posted in Motor Vehicle

Published on:

By Kyle Roby, Partner
English, Lucas, Priest and Owsley, LLP

commercial vehicle accidents Kentucky

Roads throughout Kentucky, but particularly in our area, are snow-covered, ice-packed and impassable at places today. Many work places, including our own, closed today so our employees can stay home and be safe.

While we have that option, not everyone exercises that much caution when dealing with hazardous weather. It’s somewhat understandable. Some businesses, such as hospitals, don’t ever close for any reason.

There are also some people who think the rules don’t apply to them, and they don’t exercise due caution, and that is much more concerning.

Today, we are hearing news reports of a multi-vehicle accident on Interstate 65 in Hart County. Police scanner traffic indicates the accident involves a Greyhound bus, two commercial vehicles and two passenger vehicles. I follow Joe Imel on Twitter (who doesn’t?) and he gave out details as he heard them, as well as posted a Kentucky State Police report on the accident.

Continue reading

Published on:

By Bob Young, Attorney
English, Lucas, Priest and Owsley, LLP

uninsured motorist insuranceEvery car owner in Kentucky is required to carry liability insurance on their automobile. Liability insurance means that if you are involved in an accident with another vehicle, and you are at fault, your insurance will pay for the damages to the other vehicle and for their injuries.

But what happens if you’re involved in an accident, it’s the other person’s fault and the other person isn’t carrying the required insurance? Or what if your injuries or your passenger’s injuries are greater than the coverage the other person is carrying?

If the at-fault drivers has no coverage, that would mean your own uninsured motorist insurance policy would pay the bills for your treatment and cover the pain and suffering for injuries suffered by you or anyone in your vehicle. If the at-fault driver does not have sufficient coverage, underinsured motorist coverage, again, on your own policy, would cover these bills and damages, to the extent the at-fault driver does not have adequate coverage.

Continue reading

Published on:

bicycleBy Kyle Roby
Attorney and Partner
English, Lucas, Priest and Owsley, LLP

Each state has its own rules as to how to handle a case in which both the plaintiff and the defendant are alleged to have been negligent in causing an accident. In a Kentucky car wreck case, the law of pure comparative fault applies. (In some other states, the rule may be modified comparative fault or pure contributory negligence.)

Under the doctrine of pure comparative fault followed in Kentucky, the plaintiff can recover money damages from the defendant as long as he or she is not found to be 100% at fault; however, he or she is only entitled to recover the percentage of total damages attributed to the defendant’s negligence.

Such cases are often hotly contested, since each party may try to pin all or most of the blame for the crash on the other side.

Continue reading

Published on:

By Kurt Maier, Attorney and Partner
English, Lucas, Priest and Owsley, LLP

car wreck in KentuckyAs we approach Thanksgiving, travel is on the minds of many Americans.

AAA typically releases a travel forecast for Thanksgiving, but hasn’t done so yet this year. In 2016, AAA predicted that 48.7 million people would travel for Thanksgiving, with driving being by far the most popular option for getting to that destination. This was an increase from previous years, thanks to lower gas prices and improved economic conditions.

Much of that travel is by car, with many heading out on Wednesday, November 22, this year to visit family for Thanksgiving. In the south, it seems like there is road construction year-round, and that creates a lot of stop-and-go traffic. Top that off with uncertain chilly weather that can even turn icy and you’ll find a near-perfect set up for car wrecks.

Continue reading

Published on:

Legal News GavelKentucky is a no-fault insurance state. This simply means that each party in a Kentucky auto accident case must first seek payment of medical expenses up to $10,000 from their own insurance companies through a claim for basic reparations benefits (also known as personal injury protection – or PIP – benefits). If a person sustains serious injuries, it is usually still possible to pursue compensation from the negligent motorist.

Facts of the Case

In a recent (unreported) case appealed from the Jefferson Circuit Court, the insured motorist was a woman whose vehicle was struck from behind in a multi-car accident in May 2015. At the scene, the insured motorist did not report any injuries, but there was minor damage to her vehicle’s rear bumper. The insured motorist later sought chiropractic treatment for injuries she alleged resulted from the accident, submitting the bills to the insurance company for payment under her basic reparation benefits (BRB).

The insurance company did not pay the insured motorist’s medical expenses, instead filing a petition to compel the insured motorist to give a pre-litigation deposition. The insured motorist filed a counterclaim, alleging that the insurance company’s refusal to pay her medical expenses immediately was a violation of the Kentucky Motor Vehicle Reparations Act. The circuit court found that the insurance company had shown good cause for its request for a deposition and ordered the insured motorist to comply within 30 days. It also dismissed the insured motorist’s counterclaim.

Continue reading

Published on:

Tennessee car accidentMost of the time, the plaintiff in a lawsuit arising from a motor vehicle accident is either a person who has been hurt in a crash or a family who has lost a loved one in a fatal traffic accident.

Sometimes, however, the plaintiff is an insurance company that has paid out benefits to an insured – typically for property damage or medical benefits – and is seeking repayment from the person whose negligence caused the crash.

Both individuals and insurance companies must follow procedural rules, including filing a claim within the statute of limitations and pursing resolution of the lawsuit in a timely fashion.

Continue reading

Published on:

People who must rely on PIP benefits available under a policy of uninsured motorist coverage following a Kentucky hit and run accident are often surprised at how contentious the process of obtaining fair compensation can be.

It might seem that the insured person and the insurance company are “on the same side,” especially if the claimant has been faithfully paying his or her premiums for many years. The truth is that an insurance company is still an insurance company. It does not matter whether a claim is paid out under a UM/UIM policy or a liability policy; the company will still do everything it can to limit the amount paid out.

Continue reading

Published on:

review of judgment

When a person is injured due to the negligence of another party, the injured person is entitled to pursue fair compensation for his or her injuries. In determining the amount due to a Tennessee car accident claimant, the court may consider the victim’s past and future medical expenses, lost wages, pain and suffering, loss of ability to enjoy life, permanent impairment, and other factors.

If the case is tried to a jury, the jury members make this determination. If the trial court judge hears the case without a jury, he or she makes the determination.

Either way, if one party or the other is aggrieved by the amount of damages awarded by the trial court, there is the possibility of having an appellate court review the award.

Continue reading

Published on:

Legal News Gavel

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.

Continue reading

Published on:

liability insurance coverageIt is not usual for a company car to be used for purposes that go beyond official work for the employer’s business. But what if the employee doesn’t work for the company any longer, but still has the vehicle? Who is responsible if the former employee gets into an accident in that vehicle? Is the business obligated to provide liability insurance coverage?

In a recent case, a dispute arose as to whether the vehicle owner’s insurance company owed liability coverage for an accident that occurred when the automobile was being used by a former employee for non-business purposes.

Continue reading