Posts Tagged ‘car’

Weather and Rush Hour Traffic Cause Two More Accidents

Tuesday, November 17th, 2009
Weather a Big Contributor of Accidents

Weather a Big Contributor of Accidents

I came across two more accidents this morning involving rush hour traffic and tractor trailers. This time, however, weather also appears to be a factor. The first accident happened when a car turned left in front of another on Taylor Blvd. The second was reported by the Courier Journal and involved a tractor trailer and SUV on I-65 at hospital curve earlier this morning.

Both occurred during rush hour traffic, when traffic is at its heaviest. One involved a tractor trailer on the Interstate. Weather most likely contributed to both. Anyone driving long enough has at one time or the other noticed the difficulty in driving when weather conditions are bad. Rain, sleet, snow, and other moisture impair visibility, reduce tire traction, and decrease reaction time. It’s not too surprising that given today’s conditions that several accidents happened.

Be sure when driving during rush hour traffic that you drive defensively and take into consideration the amount and flow of traffic. Most drivers know that driving fast or being impatient does nothing to decrease the time they spend in rush hour traffic. When weather conditions are bad, particularly during rush hour, even more caution should be used. Be sure that the path is clear and that visibility is not impaired before assuming it’s safe to turn or enter traffic. Give yourself more time to make maneuvers because roads and other surfaces are slick. Reduce your speed and exercise even more caution. The few extra seconds you spend beats the time, money, and injuries incurred in an accident.

Remember, if you’ve been injured due to someone’s failure to exercise care in bad weather conditions, you have a right to compensation for your injuries. If so, you should seek the services of a qualified Kentucky Accident Attorney.

Exercise Caution and Common Sense When Approaching an Accident.

Monday, November 16th, 2009
Exercise Caution at Accident Scenes

Exercise Caution at Accident Scenes

Rush hour traffic is always a nightmare.  Whether it’s during the morning when the roads are full of school buses or in the afternoon when the roads are full of commuters, rush hour can be the most stressful and also the most dangerous time for accidents.  However, it is during this time that drivers must exercise the most caution and common sense.

This morning I witnessed an accident on a heavily traveled two lane road.  One car had been driven into a deep ditch on one side, while the other car was stopped in the middle of the road.  The car in the middle of the road did not have on its hazard lights and it was difficult to see that an accident had occurred.  The good news is that both driver’s appeared uninjured.

Unfortunately, cars on the side of the road where the accident occurred continued driving between the two cars in the accident.  This created an even more dangerous situation.  Cars trying to go through the accident scene endangered not only those persons involved in the accident, but endangered other drivers on the roadway.  They also increased the chance that another, more serious accident, was going to happen.  Fortunately, a police officer was only a few cars away approaching the scene.

There is no doubt that the fact it was rush hour and drivers were in a hurry contributed to the lack of caution.  If you approach an accident scene please be sure to exercise extreme caution, but most importantly common sense.  If you approach an accident and have time to plan, use a different route.  If you can go around the accident without endangering yourself or others, do so.  However, you should never travel through an accident scene.  If you must stop your vehicle to avoid going through the accident scene, do so.  Causing a second accident or injuring those in the first is not worth the extra time it takes waiting for emergency assistance or for the drivers to clear the road.  If you approach an accident treat it with extreme caution and exercise common sense to avoid making a bad situation worse.  Don’t forget, if you are in an noninjury accident, move your vehicle from the road to avoid creating a dangerous situation.

Louisville Ranks Seventh Most Dangerous City for Pedestrians.

Tuesday, November 10th, 2009
Pedestrians At Risk

Pedestrians At Risk

The Louisville Courier Journal reports on the disturbing results reached in a report by the Transportation for America and Surface Transportation Policy Project.  The report ranked the 13 county Louisville and Southern Indiana area seventh most dangerous for walking.  The report concluded that the most dangerous areas are dominated by sprawling suburban developments that favor automobiles.

While many of the articles contributors considered the report concerning, there apparently wasn’t any agreement on what to do about it.  You can read the entire article discussing Louisville pedestrian injuries and deaths here.

Remember if you’ve been injured as a pedestrian as the result of a car, motorcycle, or truck accident you are entitled to the same rights of recovery as someone injured while driving a car.  Often, these injuries are more severe, since they lack the protection afforded by a car.  These injuries are often permanent and debilitating, requiring lengthy and expensive medical treatment.  You should seek the services of a qualified Kentucky accident attorney if you are a pedestrian struck by a car, motorcycle or truck to make sure your rights to recover for serious personal injury are protected.

Do I Have A Claim If I Was Injured By A Driver Without Insurance?

Friday, October 30th, 2009
money for car insurance

Does Your Car Insurance Protect You?

The Brutscher Law Office often receives questions regarding the ability to maintain a claim for injuries received in a car accident when the offending driver does not have insurance.  Often, the person will assume that since the other driver didn’t have insurance, they do not have a claim.  They are later surprised to discover that they not only have a claim, but that they may have a source of insurance recovery.

Uninsured Motorist Coverage (UM) is coverage that is provided by your insurance company in the event you are injured by a motorist driving without insurance.  You pay a premium for this coverage to your own insurance company.  If you are hurt by an uninsured driver, your own insurance company will step into the shoes of the other driver’s insurance and provide a source for your recovery.

Kentucky law requires that insurance companies offer this type of coverage, which is mandatory.  However, be aware of agents offering to reduce your premiums or lower your rates at the expense of UM coverage.  In order to reject this mandatory coverage, Kentucky law requires that you execute a rejection in writing, evidencing your intent to do so.  Many people mistakenly reject this coverage, thinking that the money they save in premiums is worth it.  Only after they are struck by a motorist without insurance do they realize they have made a mistake.

The chance of being struck by an offending driver who lacks insurance is far greater than any premiums you pay for the coverage.  It’s a sure bet that someone is driving on the roads today without insurance.  During economic  downturns the chances only increase.  Someone who is reckless enough to drive without insurance is reckless enough to cause an accident.  Don’t be a victim of someone’s selfish behavior.  Beware of agents selling you car insurance without UM coverage.  Make sure your policy has UM coverage.

Pain After A Car Accident Is Not Unusual And Should Be Treated.

Monday, August 3rd, 2009
Pain After A Car Accident Is Not Uncommon

Pain After A Car Accident Is Not Uncommon

It is very common to experience pain several hours after a car accident.  Don’t think just because you don’t feel pain immediately, that you aren’t injured.  Injuries to muscles, ligaments, and tendons may not manifest themselves immediately.  Often inflammation is the first sign of an injury to these tissues, and inflammation may take time to develop.  Once it does, you will experience pain and discomfort that may interfere with your ability to function.

These types of injuries are well known to medical professionals who treat car accident injuries.  You might hear terms like “soft tissue” or “whiplash” injury.  Make no mistake, however, these are objective injuries that cause pain and require treatment to overcome.

If you’ve been in a car accident and experience pain some time later, seek treatment as soon as possible.  Most likely your injuries will only worsen with time.  Just because your medical treatment takes place some time after the accident, does not affect your entitlement to PIP benefits.  Insurance companies are well aware that these types of injuries may manifest themselves after an accident and won’t usually hassle you about seeking treatment later.  If you are not being treated fairly by an insurance company responsible for paying PIP or for reimbursing your property damage or bodily injury claim, you may need to seek the services of an experienced Kentucky accident attorney or lawyer to get you the benefits you deserve.

Are You Entitled To Money If You’re In An Accident?

Monday, July 27th, 2009
Are You Entitled to Money for Your Accident?

Are You Entitled to Money for Your Accident?

Most advertising related to car, truck, or motorcycle accidents focuses on a person’s “right to compensation” or “payment” or “money damages.” This often results in a perception by many that they will get paid money simply for being in an accident. However, this is not true.

If you are in a car, truck, or motorcycle accident you might be entitled to compensation. However, your right to compensation may be limited. A person should realize that he does not get paid simply for being in an accident. He must be hurt. The amount of money, if any, he will receive is based on his injuries, not the fact that he was in an accident.

Kentucky law generally requires a person involved in an accident to incur over $1,000 in medical bills before a claim can be filed. This is called the threshold, because it must be crossed before a claim exists. Whether you will get paid and how much depends on the injuries you incurred and the financial, emotional, and physical impact of those injuries. Larger more catastrophic injuries tend to result in higher claims paid. Minor injuries with less impact tend to result in lower claims paid. Of course, if you are 100% responsible for the accident, you aren’t entitled to any recovery.

Remember, if you’re involved in a car, truck, or motorcycle accident your main focus should be on treating any injuries you sustained. Once you’ve completed treatment, you’ll be in a better position to determine what, if any, compensation you deserve. If you’re not sure whether or not you qualify for compensation or how much compensation you deserve, you may need the services of a qualified Kentucky accident attorney.

Smaller Cars Linked to Larger Insurance Rates?

Friday, July 17th, 2009
Smaller Car Equals Larger Insurance Premiums

Smaller Cars Equal Larger Car Insurance Premiums.

MSN Money has a nice article on smaller cars leading to larger insurance premiums.  You can read the entire article here.   While smaller cars lead to better fuel savings, which is a big deal right now, they most likely will lead to larger insurance premiums as well.  The Honda Civic and Toyota Prius are the most expensive cars to insure.  The reason might surprise you.

According to insurance companies smaller cars tend to be in more accidents and suffer more collision losses.  Smaller cars tend to be inexpensive and also tend to be driven by younger more at risk drivers.  If you buy a particular model that suffers large losses, you will pay for other driver’s mistakes.  For instance, the Civic is rated at “worse than average” for personal injury losses and medical payments.  The Civic Coupe is even worse.  It is “worse than average” for personal injury and “substantially worse than average” for collision, personal injury protection, and medical payments.

Unfortunately, this could have a terrible affect on the types and amounts of insurance coverage you buy.  Many drivers might be tempted to reduce their coverage or eliminate it all together just to afford the insurance on a new, smaller car.  This could be disastrous if you are involved in an car accident.  Saving a little money a month in premiums is simply not worth the overall cost you could suffer if you are underinsured, or worse uninsured, with particular coverage.

Be sure to consider the affect a new car purchase may have on your insurance rates before you buy.  Perhaps, it’s good to also remember that bigger may just actually be better.

Make Sure Your Kentucky Accident Attorney Is An Experienced Trial Attorney

Saturday, July 11th, 2009
Hire An Experienced Trial Attorney

Hire An Experienced Trial Attorney

Not everyone involved in a Kentucky car, truck, or motorcycle accident will need a Kentucky Accident Attorney.  However, if you have suffered lost wages, incurred serious medical expenses over $1,000.00, or have been left permanently impaired or unable to work, you will.  If you are in need of a qualified accident attorney, you might wonder; “What type of attorney should I hire?”, or “What separates the many attorneys I see advertising?”

There are many factors to consider in retaining a qualified accident attorney; however, probably the most important factor that separates most accident attorneys is trial experience.  Trial attorneys, also called litigators, are attorneys who have experience in handling accident or injury claims that have resulted in a lawsuit at the courthouse.  While all experienced attorneys will try to settle your Kentucky accident claim, every claim has the potential to result in a lawsuit.  Only if you and the insurance company agree will your claim be settled.

Many accident attorneys will gladly sign up your case and attempt to settle it; however, you will quickly find that once settlement negotiations break down, they quickly refer your case to an entirely new attorney to handle the lawsuit.  So, if you are seeking a Kentucky accident attorney, make sure that your Kentucky accident attorney is an experienced trial attorney, who is willing to file a lawsuit to fight for your rights to compensation when the insurance company refuses to be fair.

Does Your Kentucky Car, Truck, or Motorcycle Accident Attorney Know Insurance Law?

Monday, June 15th, 2009
Does Your Kentucky Accident Attorney Know Insurance Law?

Does Your Kentucky Accident Attorney Know Insurance Law?

You see many advertisements for car, truck, or motorcycle accident attorneys in Kentucky promising to, “get you the compensation you deserve.”  However, nothing is mentioned about the insurance companies or policies from where this money comes.  Lawyers and most sophisticated clients know that the money will come from the insurance company for the party at fault for the accident if he or she has one and from the injured party’s insurance company if he or she doesn’t.  But simply because an accident attorney knows where to get the money doesn’t mean they know how.

Many accident attorneys will settle your claim with the insurance company without knowing what your case is worth.  They may demand entirely too much or even worse, seek to settle your case for too little.  Some might not even be able to describe to their client’s why they think you should settle for a particular amount offered by the insurance company.  If the insurance company refuses to pay due to some policy exclusion or coverage defense, then that attorney may be unsure how to fight for you to make sure that the insurance company is being fair.

Make sure that your car, truck, or motorcycle accident attorney knows insurance law and understands insurance policies, their specific coverages, and exclusions to coverage.  Retain an experienced car, truck or motorcycle accident attorney with a proven record of handling injury claims and one with knowledge of insurance companies and their practices and procedures.  Don’t get less or worse nothing, because your Kentucky accident attorney doesn’t know insurance law.

Recover Lost Wages Even If You’re Unemployed At The Time Of An Auto, Car, or Truck Accident.

Monday, June 8th, 2009
Recover Your Lost Wages

Recover Your Lost Wages

Kentucky law provides for the payment of PIP benefits when you’ve been injured in an auto, car or truck accident.  This includes payment for lost wages up to a statutory amount.  Proof of lost wages is submitted to your insurance carrier, who then pays you your lost wages.

However, there is no condition placed on the time these lost wages occur.  So, while you might be unemployed at the time of the accident, you might still be entitled to lost wages if you’re prevented from working in the future because of your injuries.

In today’s economy it is likely that someone will be laid off or unemployed at the time they suffer injuries in a car accident.  However, if they later accept employment or if they are hired back to their old job, they can recover lost wages if they are prevented from working because of their injuries.  It makes no difference that they were laid off or unemployed at the time of the accident.

Make sure if you’re injured in an accident and suffer lost wages that you submit those lost wages to your insurance company for payment under the applicable PIP coverage.  This includes lost wages inccured at a time or date after the accident.