Posted on August 30th, 2016 No comments
The Kentucky Tort Journal recently published a decision by the Kentucky Supreme Court which discussed competing insurance clauses and primary responsibility for UM benefits. The Court decided that “other insurance” clauses used by companies to defer responsibility to another insurance company were void as against the Motor Vehicle Reparations Act (MVRA). It also decided that the car in which passengers were riding provided primary coverage (coverage first) for Uninsured Motorists benefits. You can read the article, here.
Posted on June 28th, 2016 No comments
According to the National Safety Council, 16 young children have died of heatstroke this year after being left or trapped in vehicles. During the same time period last year, 8 children had died. The stories seem endless. Dozens of children die each year this way, according to NoHeatStroke.org.
In the majority of cases of child heatstroke deaths– 53% – parents simply forgot their child was in the car. It’s easier to leave a child in a car than you think. While many people would blame the child’s parent, children may sleep soundly or may make very little noise as the world around them speeds past. Many younger children may react the way many of us react to watching a TV show or movie. Quietly, sitting and watching, oblivious to our surroundings, making very little noise at all.
Add to this that many stressful parents may operate their cars on autopilot, driving the same route daily, and you have a recipe for serious injuries or deaths. However, there are steps that you can take to minimize and even prevent the risk of death.
New car seat technology is available that will sound an alarm after the driver turns off the car, reminding him or her that a child is in the back seat. SaferCar.gov offers other suggestions for keeping your precious cargo safe:
Keep a stuffed animal in the child’s seat, then move it to the front seat after you strap your child in as a visual reminder;
If your daily routine changes, always make sure your child has arrived at his destination safely;
Make sure daycare providers know to call parents or relatives if the child does not arrive;
Never leave a child alone in a car; use drive-through services and pay at the pump so you won’t be tempted to leave the child “just for a moment”;
Remember, children overheat four times faster than adults; a child is likely to die when his body temperature reaches 107 degrees, and that can happen in minutes;
Even in 70-degree weather a vehicle can reach life-threatening temperatures quickly; regardless of the outside temperature, the average increase in temperature inside a vehicle is 3.2 degrees per five-minute interval;
If you ever see a child alone in a car, call 911 immediately;
If you see a child is in distress, remove the child from the vehicle; most states have Good Samaritan laws that protect bystanders who must act to prevent the risk of serious injury or death.
Remember, that all these fatalities can be prevented if you exercise diligence and remember that the risk of harm or death is far outweighed by a few seconds of planning.
Posted on June 30th, 2014 No comments
Injured Accident Victims can now be contacted immediately after an accident under a new ruling by a Kentucky Federal Court. The Courier Journal has a nice synopsis of the ruling by Federal District Court Judge Charles Simpson, here. Judge Simpson ruled that the law, which prevents “anyone” from soliciting an accident victim within 30 days of an accident, was unconstitutional because it violated commercial free speech rights and also the equal protection clause, because the law exempted insurance companies.
The intention of the law was to prevent injured accident victims from being preyed upon by unscrupulous people who would try to immediately sign up the injured victim to pursue a personal injury claim or medical treatment under Kentucky’s No Fault Law. Often, these people would use “runners” who would show up at the accident scene with information from a health care clinic specializing in car accident injuries. These health care clinics would then steer these patients to lawyers who would handle their bodily injury claim.
On it’s face the law would seem to be an unobtrusive means to provide accident victims some time to review their options and determine if they even need to pursue medical treatment or hire a lawyer. However, because the law did not prevent insurance companies from contacting the injured victim immediately after the accident, it provided an unfair advantage to the insurance company. This thirty day head start gave the insurance company every incentive to resolve an injured party’s claim as fast and as cheaply as possible, before they sought medical care or hired a lawyer. This ruling seeks to limit that advantage.
Of course, one unintended consequence of the ruling is that unscrupulous people are now free to contact injured accident victims immediately, even at the scene of the accident. These unscrupulous people now have the same incentive that the insurance company previously had to pressure the injured victim to make decisions without proper information or understanding.
Perhaps even more interesting is Judge Simpson’s ruling that his decision does not apply to professionals such as lawyers or doctors, who are still prevented from contacting injured accident victims for thirty days. Given his reasoning for finding the law unconstitutional, there is no basis for treating lawyers or doctors any different from anyone else. What Judge Simpson has done is create another equal protection clause nightmare where the law is applied unequally to everyone, benefiting some while harming others. This position is untenable. The law either applies to everyone or it does not.
There is no doubt that the Judge’s recent ruling has the potential for abuse by both sides. However, it is important that injured accident victims understand that they are not required to make any decisions without proper understanding and information. You are not required to seek medical treatment from a certain provider or retain a lawyer from a certain firm. If you feel like you’ve been pressured to do either, understand that you retain the power to change providers or lawyers if you choose. The best way to avoid being a victim of unscrupulous people or companies is to educate yourself about your rights and options. If you need advice you should contact an injury accident lawyer of your own choosing who can advise you on your options under Kentucky accident law.
Posted on July 2nd, 2012 No comments
Here are some photos of wreck on 7th Street this morning. I came across a rather large car accident scene this morning. You can see by the photos that several police officers, tow trucks, and ambulances were present. I drive through this intersection ever morning on my way to the office. It appears that the car wreck happened right in the middle of the intersection controlled by a traffic light. I figure someone must have disobeyed the traffic signal, causing the car wreck.
I’m not too surprised there was a car wreck at this location. The road shifts over at a point where you cross the intersection, making the intersection wider than you anticipate. It also brings the cars closer together to the west side of the intersection. Looks as if someone was injured given the presence of an ambulance and first responders. I hope everyone is otherwise okay.
Posted on June 26th, 2012 No comments
Some car wreck pictures Louisville 7th Street. Here are some photos I took of an accident I came across on my way to work today. There doesn’t appear to be any injuries, but it still looks like quite a bit of property damage. I couldn’t see the other car involved, but didn’t notice any other damage to nearby cars.
Hope you enjoy!
Posted on June 21st, 2012 No comments
Recently, another tragedy involving an infant left in a hot car struck Louisville. Eight month old Lincoln Lindsay succumbed to the heat and died after being left in a car for hours when his father went to work. Police are ruling it an accident. Apparently, Lincoln’s dad forgot the child was strapped in his car seat when he went to work. Read about how leaving your child in a hot car can result in tragedy like Lincoln’s.
It’s easy to question how a parent can leave a child in a hot car all day long. Unfortunately, it’s an all too common occurrence. Experts say its common for parents to leave a child behind in cars. Numbers from Forget Me Not USA, an Oklahoma-based organization that raises awareness about the problem, said 532 children have died after being left in hot cars since 1998.
Kentucky had 18 hot car deaths from 1998 to 2011, according to the group’s website. It’s easy for a parent, who doesn’t normally have the child, to forget the child is in the car, or simply go about their daily routine without an awareness that the child has been left. Unfortunately, for children, especially infants who don’t talk or who may fall asleep in the car, the result is too often the tragic death of the child.
Fortunately, there is now an app for that. The First Years brand from TOMY International will send an alert if the child is not properly strapped in the car seat, the car seat is not properly installed, or if the child has been left in the car. Read about how the app is designed to prevent leaving your child in a hot car that can result in tragedy.
Remember during hot days to check the back seat of your car, especially, if you have young children or infant. If you don’t typically drive the child to daycare or some other caregiver, remember to be diligent especially on hot days. You don’t want to live with the tragedy that just befell Lincoln’s parents. Leaving your child in a hot car can result in tragedy, so be extra cautious when transporting your child during hot months.
Posted on June 19th, 2012 No comments
Car Accident Injury Photos of Car Accident Injury Scene in Downtown Louisville.
Posted on June 19th, 2012 No comments
Video of Car Accident Scene in Downtown Louisville.
Posted on June 4th, 2012 No comments
A new study shows that by placing more restrictions on the licensing of teenage drivers, states could reduce the car crash rates among teens significantly. Watch Video:
New Rules Could Cut Teenage Car Crash Rate
Posted on May 29th, 2012 No comments
MSNBC Business has a great article on the most dangerous states for car wreck fatalities. According to MSNBC:
According to the U.S. Centers for Disease Control, more Americans aged 5–34 die from motor vehicle crashes than from any other single cause. Despite this disturbing fact, a study released this week shows that states where fatalities caused by car accidents are very high are also states that are doing the least to prevent those accidents.
A CDC report identified the estimated lifetime costs incurred by the states as the result of auto fatalities in a single year, including medical expenses and lost economic productivity. These two costs exceeded $170 billion in the U.S. in 2005, the most recent year data are available.
With such high costs and, more importantly, loss of life, the question is whether there is anything states can do to prevent car accidents. The Trust for America’s Health found that nothing works better to prevent traffic deaths than seat belt use. According to a report released by the National Highway Traffic and Safety Administration, six of the 10 states with the lowest seat belt usage rates also had the highest average auto fatality rates between 2007 and 2009.
The Trust for America’s Health report also identified four key policies labeled by the CDC as useful in improving traffic safety. The four include having a primary seat belt law (which allows police to stop and ticket unbuckled drivers without any other cause), a mandatory ignition interlock for all convicted drunken drivers, a mandatory motorcycle helmet law and requiring booster seats for children 8 years old and younger.
The top three offenders? Mississippi, Montana, and Alabama. You can read the rest of the article here.