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Articles Tagged with wreck

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

Chances are, we’ve all been stopped on a road by a person holding a brightly colored flag as roadwork commenced in front of us. It’s so common it’s unremarkable, and expected whenever there is construction on roads (which seems like most of the year in Kentucky).

In a recent case we handled in Edmondson County, a stopped truck didn’t have a spotter or flagger directing traffic around a cement truck blocking the roadway, and it nearly resulted in the death of our client. The general contractor did not have temporary traffic control devises in place and the concrete truck company did not train its drivers on what to do when the required devices are not present.

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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.

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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.

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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.

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

close-up-of-road-300x200Would you consider an ATV – an all-terrain vehicle – a motor vehicle? Kentucky law and some insurance companies do not – and that’s what the case we recently won for a client concluded, to the client’s benefit.

The client, Thomas Robertson, was driving an ATV on a public roadway in Metcalfe County. Stacy Morgan was driving a vehicle on the same road, and as she attempted to pass Robertson, he turned left, and she collided with his ATV.

Both were injured in the accident. Robertson did not have insurance, but Morgan did. Robertson, driving the ATV, sought Basic Reparations Benefits (BRBs) from the insurance company that insured Morgan’s vehicle. Under the terms of Morgan’s insurance, Robertson was considered to be a pedestrian, and pedestrians are entitled to basic reparations benefits.

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Scooter

Most personal injury lawsuits settle out of court, but some do proceed to trial. Most often, this happens because the parties disagree as to who was at fault, the amount of damages to which the plaintiff is entitled, or both.

When one party is displeased with the jury’s decision, he or she has the right to appeal the trial court’s entry of judgment on the verdict to a higher court. However, much deference is afforded to the jury’s verdict, and the burden is on the appealing party to convince the appellate court that a legally reversible error was made in the lower court.

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cyclist and passengerAs one might expect, a large number of motor vehicle and motorcycle accident cases focus on the issues of who was at fault and how much money it will take to fully compensate the injured person (or deceased person’s family) for the damages suffered in the collision.

Sometimes, however, the issue is not who is at fault but instead whether a particular insurance company is obligated to pay a claim arising from the accident. Such was the case in a recent declaratory judgment action that was reviewed by the Tennessee appellate court.

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wrecked vehicleMany people think of “car insurance” as something you either have or don’t have. When a claim arises, these folks can be very surprised to learn that there are a multitude of issues outside of parties simply being insured or uninsured.

This is because, at its essence, an insurance policy is a contract that has many different terms, provisions, and exclusions. So it is very important to understand exactly what is – and is not – covered under one’s policy.

As a recent case illustrates, it is also important to discuss your policy with your insurance agent regularly, especially if your household situation changes.

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tractor trailerLawsuits arising from 18-wheeler accidents can be very complex. One reason for this is that the tractor and trailer may be owned by or insured by different entities. This greatly complicates the path to recovery of a fair settlement or judgment for a person injured in a semi-truck wreck.

In a recent case, a rather unique issue arose. The owner of a certain tractor-trailer requested liability insurance on both the tractor and the trailer, but the insurance agent accidentally left the tractor off of the list of the trucking company’s vehicles when she sent the application to the insurance company.

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parking areaIn a pedestrian accident involving a motor vehicle, most people would assume that the pedestrian’s medical expenses and other damages would be paid by the driver’s insurance carrier. If for some reason that did not happen, most would assume the injured person’s own uninsured motorist insurance would honor its contractual obligation and pay the medical claim.

Unfortunately, those assumptions proved to be wrong in a case arising from an incident that occurred in 2012. Instead, the injured man had to file a lawsuit and take his case all the way to the state supreme court in order to obtain relief under uninsured motor vehicle provisions in his insurance.

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