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Articles Posted in Personal Injury

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By Kyle Roby, Partner

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Kyle Roby

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:

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By J.A. Sowell, Attorney

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J.A. Sowell

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.

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By Bob Young, Managing Partner

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Bob Young

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.

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By Bob Young, Managing Partner

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Bob Young

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.

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English, Lucas, Priest & Owsley, LLP (ELPO Law) announced today that a jury has awarded over $7.1 million to ELPO Law clients who were involved in a truck wreck in 2017.

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Kyle Roby

Charles Basham and Jeff Basham have been in the towing and truck wreck business all of their lives. They have worked alongside their parents, who own Basham’s Towing, for as long as they can remember. Jeff and Charles, at the time of the wreck, also owned their own businesses repairing trucks and hauling heavy equipment respectively. Neither one of them ever imagined what would happened to them in the early morning hours of September 26, 2017.

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By Kyle Roby, Partner

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Kyle Roby

Most of us use the ride sharing service Uber when we need a ride because our car is in the shop or we are planning an evening out on the town. When you call for an Uber, the last thing on your mind is what happens if you are injured in an accident while riding in an Uber. However, as statistics show, accidents involving Uber drivers occur more frequently that one would imagine. Sometimes the Uber driver is at fault while other times it is the fault of another driver. But what happens to you – the passenger – if you are injured? Who will pay you medical bills, lost wages, or other damages?

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By Jessica Shoulders

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Jessica Shoulders

If you’ve driven on a public road, odds are that you have encountered a distracted driver.  In 2017, the most recent year reported by the National Highway Traffic Safety Administration (NHTSA), 3,166 people were killed in motor vehicle accidents involving distracted drivers.

The NHTSA defines distracted driving as any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system—anything that takes your attention away from the task of safe driving.  Texting or using a cell phone is one of the leading causes of distracted driving.  According to the NHTSA, sending or reading a text takes your eyes off the road for five seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.  This makes texting not only a common cause of distracted driving, but one of the most dangerous ones, as it takes your eyes away from the road much longer than other distractions.

Unfortunately, keeping an eye out for distracted drivers has become a necessary part of staying safe while on the roadway.  While it is impossible to avoid all distracted drivers, there are signs you can look for to make it easier to spot and avoid drivers who are distracted while behind the wheel.

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By Kyle Roby, Partner

Have you ever taken your child to a trampoline park or bouncy house facility and had to sign a liability waiver, or check-in on an I-pad, to release all claims in order for them to be able jump? Have you ever asked yourself “What did I just sign… and is it enforceable?” The Kentucky Supreme Court recently answered those questions in Miller v House of Boom. The Court found that pre-injury liability waivers between a for-profit entity and a parent on behalf of a minor child are against Kentucky law and unenforceable.

In this case, a mother took her eleven year-old daughter and a friend to House of Boom, a trampoline park in Louisville, Kentucky. As a part of the registration process, she had to sign a pre-injury liability waiver for her daughter so that in the event that she was injured, House of Boom was not liable. As it turns out, the child was injured on that day and the mother sued House of Boom on the child’s behalf. House of Boom asked the Court to declare the waiver enforceable and declare that the mother waived all rights for her minor child.

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

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Kyle Roby

A recent Kentucky Supreme Court case addressed the issue of PIP or BRB payments, which are also called no-fault payments. This is part of a class action lawsuit against insurance giant GEICO. The company denied PIP benefits based on a doctor reviewing medical records and not examining the individual. This is known as a peer review of medical records by an out-of-state doctor.

This procedure is not found in the Kentucky Motor Vehicle Reparations Act (MVRA). The plaintiffs argued that this procedure should not have been used as a standard for denying benefits and the Kentucky Supreme Court agreed.  In fact, the Kentucky Supreme Court compared the arguments made by the attorneys and the trial court to coon dogs leading a hunter in the wrong direction or as the old saying goes “they were barking up the wrong tree.”

The case is Government Employees Insurance Company (GEICO) vs. Jordan Sanders and Anita Houchens (individually and as class representatives). The court handed down the ruling on November 1, and ordered that the ruling was to be published, which means it can be used as a standard in future cases.

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By J.A. Sowell
Attorney, English, Lucas, Priest and Owsley, LLP

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J.A. Sowell

Meeting with an attorney can be an intimidating experience. We understand and we want to help prepare you for your potential meeting with an attorney following an accident, whether it is me or someone else. Keep in mind that lawyers meet with people every day who are suffering from injuries following a car wreck or truck accident, and we are accustomed to helping clients in every way that we can and making any necessary accommodations for our clients.

You may feel better about the process if you bring someone with you who is calm and can help you stay calm, too. You are welcome to bring that friend or family member with you if that is helpful to you, so long as you understand that we may be discussing personal business with you.

The initial consultation with our attorneys in accident cases is free.

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