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Articles Tagged with accidents

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Jessica Shoulders PhotoBy 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:

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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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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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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.

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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.

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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.

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golf cart accidentsBy Bob Young
Attorney and Managing Partner
English, Lucas, Priest and Owsley, LLP

In the past decade, golf carts have become popular for quick, easy and cheap transportation in neighborhoods, especially those near golf courses. Kentucky first allowed golf courses on public roads about 10 years ago. Golf carts are part of a class of vehicles called low speed vehicles. They’re quiet, inexpensive and considered by many to be easy to drive. Best of all, golf carts are usually rechargeable, so no gasoline is required.

Unfortunately, though, golf carts have become falsely believed to be safe, and even acceptable for those without a valid driver’s license to operate. Neither of those things are true. By law, golf carts are considered just like any other motor vehicle. You must have a valid driver’s license to operate a golf cart on public roads in Kentucky, and you must adhere to local and state laws that restrict the use of golf carts.

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The Kentucky appellate courts seem to have heard more uninsured and underinsured motorist (UM/UIM) insurance cases than usual lately. Perhaps the court has done this intentionally for the sake of judicial economy – the reason being that it is easier to decide cases with similar issues while all of the intricacies of a particular branch of law are still fresh in the court’s mind.

Another reason may be that there are simply more UM/UIM disputes these days than in past years. Kentucky does have mandatory automobile liability insurance requirement, but the minimum required is just $25,000 per person (or $50,000 per accident) for bodily injury claims. Given the rapidly increasing costs of medical care, this coverage is often not enough to fully compensate an accident victim for his or her medical expenses, lost wages, and pain and suffering.

UM/UIM coverage bridges the gap between a defendant’s liability coverage and a plaintiff’s total amount of damages, at least up to the plaintiff’s own policy limits. It is important to note that, just as in other types of personal injury cases, timeliness is very important when it comes to asserting one’s rights under a UM/UIM policy.

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