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Articles Tagged with cars

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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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sidewalk in town

Lawsuits arising from negligent operation of a motor vehicle typically involve two drivers, each driving his or her own vehicle. Passengers in one or both vehicles may also be parties to the suit if they were injured in the collision. Sometimes, the case involves a pedestrian accident.

Regardless of whether the person seeking to recover compensation following an automobile accident is a motorist, a passenger, or a pedestrian, the plaintiff has the burden of proving that the defendant was negligent. This means that he or she failed to act in a prudent manner, causing harm to the plaintiff.

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The interior of a red concept car at a 2009 car show.By Jessica Surber, Attorney
English, Lucas, Priest and Owsley, LLP

When a person is injured because of a defective or unreasonably dangerous product, he or she may be entitled to damages such as payment of medical expenses, reimbursement of lost wages, and compensation for pain and suffering.

Although it is the exception rather than the rule, there is also the possibility of punitive damages in some cases. In order to qualify for a punitive damages award, a plaintiff must show particularly egregious conduct on the part of the defendant (typically, the manufacturer, distributor, or retail seller of the product).

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file2811244091888 morguefile username wallyirBy Kyle Roby, Attorney

English, Lucas, Priest & Owsley, LLP

Tractor trailer drivers are required to keep log books. Log books record the time a truck driver has been driving or on-duty. It’s one of the first things we examine when we’re called on to help someone who has been injured in an accident that involves a truck. Few drivers, however, are as dutiful with keeping those truck log books as they should be. Log books are hand-written, and simple to read, and easy to keep up with if a driver wants to do so.

The truck log books require the following of a driver and the company he or she works for:

  • Log books must be kept as the driver goes. Every time a driver begins the day, he or she is required to note the city, state, and time.
  • The driver is to keep track of the amount of time driving – time left, time arrived, and time spent on breaks throughout the day.
  • The name of the company that owns the truck and its headquarter’s location are required at the top of each log book page.
  • The driver must sign the log book to indicate that the information in it is accurate and truthful.

If the driver is following the law, the truck log books should show that he or she abided by the time limits specified by law. Police officers, state troopers and officials from the Federal Motor Carrier Safety Administration are allowed to examine the log books at any time to check to see if the driver is following the law. Many times, though, drivers do not keep up with log books, or falsify the books to indicate he or she has abided by the law.

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airbag2On Monday, the National Highway Traffic Safety Administration released a report indicating that motorists who drive vehicles with airbags made by Takata could be in grave danger. The airbags are designed to inflate and protect motorists in the event of an injury, but instead, they can explode, causing the death of the driver. In at least four instances, motorists have been killed in accidents in which their airbag exploded, covering them in shrapnel. Others have been severely injured. The problems are so dangerous the NHTSA is asking people not to carry passengers in the front seats of the recalled vehicles – but you may not even want to drive these vehicles after reading about these problems.

Most of the vehicles are older models, some going back to 2001. Motorists should check their vehicles as soon as possible. The NHTSA recall affects about 4.7 million vehicles throughout the U.S., though safety experts have put the number at 12 million world wide. The recall includes vehicles made by  Toyota, Honda, Nissan, Mazda, BMW and General Motors. If you are unsure if your car has been affected by the recall, you can enter the Vehicle Identification Number (VIN) on your registration paperwork and enter it at this web site to check: http://www.safercar.gov/. All drivers nationally can use this, including drivers in Kentucky and Tennessee who are concerned with this product recall.

You can read the full report and find specifics on the recall here.

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