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.
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 Kyle Roby, Partner
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?
By 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.
By Kurt Maier, Attorney and Partner
English, Lucas, Priest and Owsley, LLP
As 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.
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.