Kentucky Injury Attorney Blog

The Courier Journal reported that a bicyclist was killed after he was hit by a truck. The accident occurred on Poplar Level Road near Bishop Lane on October 1, 2009. The bicyclist was pronounced dead at the scene as he suffered severe head injuries.

Accidents like the one that occurred on Poplar Level Road are extremely unfortunate but common. 1932 was the first year bicycle accidents were recorded and since then more than 51,000 bicyclists have died in traffic accidents. You can take precautions to ensure that you are not injured in a similar accident.

Wearing a helmet while riding your bike is the best way to protect yourself from head injuries. In addition, while riding your bike remember that you are expected to obey traffic laws just as any motor vehicle must. Bicyclists should always travel with traffic, never against it. Finally, wearing fluorescent or bright colors will help motorists see you while you ride your bike. For additional safety tips please see the National Highway and Traffic Administration's website.

Continue reading "Louisville Bicyclist Dies From Injuries Suffered In Accident with Truck" »

Driving in the rain can be very dangerous. For example, during rush hour on the rainy morning of Friday, September 25, there were numerous accidents reported. At least four of those accidents resulted in injuries. Most of these accidents were caused because motorists were driving too fast in the slick conditions.

Wet roads are particularly dangerous because water brings dirt and oil set in the pavement up to the surface. The combination of oil, dirt, and water make the roads slick and tires have a harder time getting traction. The most effective way to ensure safety on wet roads is to drive slower. Slowing down allows more of your tire to grip the roadway and increases your traction. Avoiding sudden stopping and turning will also ensure you get the best traction possible.

Wet roadways also increases the chance that you may hydroplane on the road. Hydroplaning is when your tires skid across the water surface on the road causing you to lose control of your vehicle. Driving slowly can reduce your risk of hydroplaning.

Unfortunately, many drivers on Kentucky and Indiana roadways do not practice safe driving in wet conditions and accidents result.

Continue reading "Wet Road Conditions Cause Several Car Accidents in Louisville" »

At about 10:00 A.M. on Monday, September 14, 2009, a tow truck ran off of the road on I-71 and crashed into a stone wall. The southbound lanes of the interstate were closed for several hours. Sadly, the driver of the tow truck, which was hauling two cars, was killed in the accident.

Although there have been no reports as to what caused this particular accident, it is important that commercial drivers take precautions when driving to ensure that you arrive at your destination safely. Proper rest is important for any job, but especially for a trucker. Driving long distances can be exhausting to your body so truck drivers need to take care of yourself by eating well, taking breaks, and getting enough rest.

It is also important for drivers to keep their distance from other vehicles, especially commerical trucks, and to be aware of a commercial truck's blind spots. Approximately 33% of all accidents between cars and commercial vehicles take place in the blind spot. In addition, and as with any vehicle, always wear your seatbelt. A seatbelt can save your life and prevent you from being thrown from a vehicle if an accident does occur.

For more information on truck safety please visit the Federal Motor Carrier Safety Administration's website.

Continue reading "Fatal Trucking Accident Closes Interstate I-71" »

This morning around 10:00 a.m. a five vehicle collision occurred on I-65 between the Shepherdsville and Brooks Road exit. The accident claimed the lives of a man and a woman and two others were injured and transported to the University of Louisville Hospital's trauma center.

According to WLKY, James Evans, Jr witnessed a southbound vehicle crossover into northbound lanes striking a vehicle head-on. Mr. Evans, in attempting to avoid the accident was also clipped by a semi-tractor trailer.

The accident is another in a long line of crossover accidents in this area. I-65 was shut down for an accident reconstruction of the fatal wreck.

For more information on this accident go the WLKY 32 News story.

Unfortunately, serious injuries and death are not uncommon in wrecks on Kentucky interstates. Our Personal Injury Information Center contains helpful information for those injured as the result of another driver's negligence.

It is important to know what to do if you are in an accident to best protect your rights.

Continue reading "Bullitt County, Kentucky: Auto Accident Claims Two Victims" »

On the night of September 6, 2009 there was a motor vehicle accident near the GE Appliance Park in Newburg, Kentucky. The accident occurred when a vehicle struck a car carrying an adult and a two year old. The adult was treated and released, but unfortunately, the two year old died the following day from injuries sustained in the accident.

Although there were no indications that the child in this accident was not properly restrained, traveling with children presents unique dangers. Car accidents are the leading cause of death for children age 2 to 14. Therefore, as a parent, it is very important you take steps to ensure your child safe as possible while driving.

Using car seats is a giant step in protecting your young children while driving. In 2006, it was estimated that approximately 425 lives of children under the age of five were saved by car and booster seats. To ensure the safest ride for your child, be sure to select the appropriate car or booster seat. Your child's size and your type of vehicle are important factors in determining what seat will best protect your child. For more information on how to select the proper car seat, please refer to the American Academy of Pediatrics car safety seat website. Unfortunately, negligent drivers can affect anyone, no matter what safety measures you take.
If you or a loved one has been injured by a negligent driver contact the attorneys at Miller and Falkner. An experienced attorney can protect you and your child's rights and help determine the damages you deserve.

Continue reading "Car Accident Results in Child's Death" »

At about 4:00 p.m. on September 1, 2009, there was an accident involving a pickup truck and a motorcyclist in Henry County, Kentucky. The accident occurred when the driver of the pickup truck crossed the center line and struck an embankment in the road. The impact caused the pickup truck to flip over and spin around, hitting the motorcyclist. The motorcyclist was not wearing a helmet and, sadly, was pronounced dead at the hospital.

Unfortunately, while motorcyclists only make up 3% of vehicles on the road, motorcycle accidents make up approximately 11% of highway fatalities each year. For motorcyclists, the risk of serious injury or death from an accident is much greater than for a automobile driver. It is therefore crucial for motorcyclists to take all the necessary precautions to protect themselves from negligent drivers. Practicing safe driving habits, attending motorcycle training classes, and wearing a helmet are just a few ways you can lessen your chances of being involved in and injured in an accident.

Although Kentucky does not require motorcyclist to wear helmets, many states do require helmets to be worn. A helmet can save your life and prevent brain damage in the event of an accident. When buying a helmet, make sure it fits comfortably and always fasten it while you ride. It is also important to be sure that the helmet conforms to Federal standards. And remember, helmets are for passengers too!

For more safety information, please visit the National Highway Traffic Safety Administration .

At around 8:00 a.m. on Tuesday, September 1, 2009, two Jefferson County school buses and a TARC bus were involved in an accident. The accident happened near 32nd Street and Greenwood Avenue when one of the school buses rear-ended the other school bus and the TARC bus.

Several people were taken to the hospital for injuries, which included neck and back pain. Among those that sought treatment were the drivers of the school buses and passengers on the TARC bus. Fortunately, no children were aboard the school buses at the time of the accident.

With school back in session in Jefferson County, the presence of buses on Louisville Metro roads has increased. The increase of school buses along with the presence of TARC transportation raises the important issue of bus safety. While a rear end collision can cause serious problems for automobile drivers, these collisions have the potential for even more serious problems for drivers and passengers of buses.

Continue reading "Two School Buses and a TARC Bus Involved in an Accident Resulting in Injuries" »

It has been discovered that Tammy Brewer, the Louisville EMT had methadone in her system on the night she is accused of causing an accident that killed a patient.

The commonwealth attorney's discovery revealed that a blood test taken the night of the accident confirms that Brewer did have methadone in her system. The Kentucky State Police Lab conducted the test and found that Brewer had a "therapeutic" amount of methadone in her system.

Discovery documents reveal that Brewer was not seeking treatment at the nearest methadone clinic at the time of the crash.

A Kentucky State Police investigation did reveal that in the year prior to the accident, Brewer had 19 new prescriptions that were filled at 11 different pharmacies by different providers for pain killers and muscle relaxers including xanax, vicodin and klonopin.

An internal investigation by EMS revealed that paramedic Greg Gavin, Brewer's partner has sent a text message to another paramedic saying that Brewer was "loopy" and not in a condition to drive.

The family of Tammy Brewer is now suing the ambulance driver and three EMT's.

Investigators from the Kentucky Public Protection Cabinet on Wednesday, August 26, 2009 released a report which states that a mechanical failure on an elevator at a hospital in Elizabethtown, Kentucky is to blame for causing the elevator to stop between floors and an accident injuring an employee to occur.

The state report details that a restictor was out of adjustment and this caused the elevator to stop between floors. The doors to the elevator were able to be opened and an employee of Hardin Memorial Hospital who was trying to get out of the elevator, slipped and fell approximately 25 feet to the floor of the elevator shaft early Monday. The employee was said to be critically injured as a result of the accident.

Unfortunately, accidents involving elevators are not uncommon. Just this summer, on June 13, 2009, an 8-year-old was killed in an accident involving an elevator in western Kentucky.

Today a Louisville Metro EMT, Tammy Brewer, will be arraigned on several charges including murder and driving under the influence. The charges stem from an April 2008 accident that resulted in the death of Vicki Whobrey, a patient being transported by Brewer to the hospital. While transporting Whobrey, Brewer ran into a telephone pole and struck a fence. Witnesses stated that prior to the accident, Brewer was acting "loopy" and that she admitted to taking pills because she wasn't feeling well.

While Brewer said after the accident that she would submit to drug testing, investigators state that she left before the tests were complete. Brewer has been suspended without pay from the city.

A Campbell County jury awarded the Plaintiff William Kramer, $95,000 in pain and suffering as a result of a head-on collision that on August 1, 2006. The Plaintiff was driving his tuck pulling a trailer down AA Highway near the border between Pendleton and Campbell Counties a vehicle coming form the opposite direction crossed the center line in the path of the Plaintiff. The vehicles collided and both caught on fire. The Plaintiff was able to escape with minor burns to his arm. He was treated for a significant chest wall bruise and other soft-tissue injuries and was mostly improved within two months following the accident. His medical treatment from the accident totaled $1,152 and he sought lost wages of $4,000. The significant claim for the Plaintiff was his claim for pain and suffering. He claimed physical pain as well as emotional anguish of worrying about his business as he was unable to work during the busiest season when most of the revenue for the company is generated. At the trial, the jury awarded the Plaintiff his medicals, lost wages and $95,000 for pain and suffering for a total verdict of $100,152.

While such a large difference between the actual medical and lost wages and the amount awarded for pain and suffering is not the norm for Kentucky juries, pain and suffering including mental anguish is a valid claim for damages in personal injury claims. The personal injury attorneys at Miller and Falkner are knowledgeable about the damages you have suffered as the result of your accident and can work to get the settlement you deserve. See Reasons to Hire an Attorney for your Auto Accident Case for more information on the advantages to having an experienced personal injury attorney working on your behalf.

If you or a loved one has a personal injury claim, contact the office of Miller and Falkner. An experienced personal injury attorney can help determine what damages you are eligible for in your claim.

A 39 year old Kentucky woman went to Lourdes Hospital in Paducah to undergo a hysterectomy. While there, her Ob-Gyn, Dr. David Grimes, recommended that she also have a tummy tuck. The procedure Dr. Grimes used was so rare that he is the only physician in the U.S. that performs it using that procedure. The injuries resulting from the surgery were severe and Ms. Daniels suffered a bowel obstruction and a permanent large abdominal wound. After the surgery Ms. Daniels was restricted to the lightest of activity as any moderate amount of activity could lead to a hernia. Since this first surgery, Ms. Daniels had to endure ten additional surgeries and remained on constant pain medications and has been unable to work. After filing suit, the plaintiff sent a settlement package and demanded the one million ($1,000,000) policy limit of the doctor with American Physicians Assurance Corporation (APA). Dr. Grimes filed for bankruptcy during this time and thus was not liable for any judgment in excess of his policy limit. Moreover, because of the bankruptcy, the insurance company was in complete control of authority to settle the case with Ms. Daniels.

The first medical witness APA obtained for this case indicated that after learning the facts of the case , she was appalled at the care Ms. Daniels received by Dr. Grimes and that his conduct was "inexcusable and indefensible." Through the course of discovery and up to mediation, while the Plaintiff's medicals totaled $380,000 and her lost wages totaled $890,000, APA's highest offer was $75,000. It wasn't until the eve of trial that APA paid $650,000 on the case with Daniels reserving the right to sue APA for bad faith.

Daniels filed a separate action against APA alleging bad faith on the part of the insurance company. She alleged that despite the low offers, APA internal documents valued the case at more than $1,000,000. Daniels also alleged that when APA's own witness expressed her opinion on the case, APA knew or should have known that the actions of their physician were not defensible and liability was reasonably clear. Tactics of the insurance company were also addressed, specifically providing incentives to its adjusters to reduce payouts and increase the number of cases that were tried to a jury. Also noted by Daniels was the goal of APA to have its adjusters cut her claims by $3,479,277. APA offered their adjuster incentives to meet this goal.

Daniels won at trial on several counts of insurance bad faith concerning APA's delay in settlement, misrepresentation of the policy coverage, APA's failure to adopt reasonable standards and failing to act in good faith to effectuate a settlement. As for damages, the jury awarded Ms. Daniels $205,000 for the difference in the value of her settlement plus $145,000 more for emotional distress. The award for punitive damages was $3,479,277, equal to the incentive goal for APA's adjuster.

Unfortunately, cases like Ms. Daniels are increasingly common. Insurance companies use a variety of tactics to reduce the amount they pay. See our blog entry Kentucky and Indiana Insurance "Bad Faith" Tactics to Be Aware of and Avoid for some of the most common bad faith tactics of insurance companies.

If you have been injured, an experienced personal injury attorney at Miller and Falkner can work to get the settlement you deserve from the insurance companies and protect you from their bad faith tactics. Contact us today.

Right before Christmas in 2007, fifteen month old Jason Riley was being watched by his aunt at her house. Jason's aunt also had a 125 pound Great Dane in the house. While she was in the kitchen getting a drink for Jason, the Great Dane attacked the toddler, biting the toddler in the face and causing lacerations to Jason's eye, a fractured orbital bone, and a torn tear duct. Jason was taken to Kosair's Children's Hospital where the cuts were repaired. However, Jason's injuries resulted in scarring and an increased risk of harm related to the fracture and tear duct injury. Jason's parents filed a lawsuit on his behalf against the aunt seeking reimbursement of medical expenses, future medical expenses and pain and suffering.

At the trial, the aunt defended the case by arguing that she had no reason to think that her dog would attack Jason. The plaintiff submitted evidence at trial that the dog was involved in a prior incident regarding biting. The verdict in the case was rendered on June 24, 2009. On the issue of liability, the jury found in favor of Jason Riley. On the issue of damages, the jury awarded Jason $21,914 for his medical expenses, $30,000 for future medical expenses, and $60,000 for pain and suffering bringing the verdict total to $111,914.

The laws in Kentucky regarding dog bites hold the owner of a dog who causes harm strictly liable for the resulting injury. Strict liability is a legal term sometimes referred to as "absolute liability," and means that the owner of the dog is legally responsible for the damages or injury their dogs causes even if that person was not at fault or negligent. Therefore, in Kentucky, it is not required that a dog owner know that their dog is dangerous, it is simply enough that the owner's dog attacks and causes damages.

Yesterday, June 1, 2009, a train at the Louisville Zoo derailed injuring over 20 of the 30 passengers aboard, many of them children. Several of those injured were transported to area hospitals. Ride inspectors from the Kentucky Department of Agriculture have already begun investigating the incident to try and determine what caused the train to derail. The train, which allows visitors to ride a loop around the zoo, will be shut down until further notice. A Louisville Zoo spokesperson told the Courier-Journal that the train is driven by zoo employees who are certified by the zoo and are at least 18 years old. The train does not have safety belts. When asked about safety belts, the Louisville Zoo spokesperson stated that the train did not have safety belts because they are not required by the manufacturer. The procedures the Louisville Zoo follows for inspecting the trains and the tracks have not been made available as of yet by the Louisville Zoo

If you or your loved one was injured as a result of this accident at the Louisville Zoo or any other automobile or trucking accident, call the personal injury attorneys at Miller and Falkner to protect your rights.

Read more about the accident at the Louisville Zoo.

A recall has been issued for the popular weight-loss products line Hydroxycut as federal drug regulators warn of reports of a death due to liver failure and other serious instances of health problems associated with its use.  

Hydroxycut products are dietary supplements marketed for weight loss as fat burners, energy-enhancers, low carb diet aids, and for water loss under the Iovate and MuscleTech brand names.  The Food and Drug Administration (FDA) has received 23 reports of significant adverse health effects.  The report includes the death of a 19-year-old man in 2007 as well as other serious liver problems including liver failure, jaundice, seizures, cardiovascular problems and liver damage resulting in a liver transplant.  The FDA warning states that symptoms of liver damage include jaundice (yellowing of the skin or whites of the eyes) and brown urine.  Other symptoms include vomiting, nausea, excessive fatigue, weakness, light-colored stools, stomach or abdominal pain, itching and loss of appetite.   

Continue reading "Weight Loss Drug Hydroxycut Recall Due to Serious Health Risks Associated With Use" »