Kentucky Injury Attorney Blog

Trucking accident attorneys are anxious about the proposed changes to the truck driver hours of service rules which were sent to the White House for review on July 26, 2010. These proposed changes would limit truck driving hours to ten in a day, a change from the current eleven hour rule. The current limits have been in place since 2003. The Federal Motor Carrier Safety Administration will likely make a final decision about trucking hours by this time next year.

Currently, truck drivers are allowed to drive a total of eleven hours each day, but are allowed to work a total of fourteen hours daily including loading, unloading and waiting following ten hours required off-duty time. The new proposed rules would allow drivers to work a total of twelve hours but limit driving time to only ten hours.

Consumer advocates have been pushing for even shorter driving times with some groups, such as Public Citizen, pushing for limits as low as eight hours. The rationale, of course, is that limiting truck driving hours will reduce extremely dangerous accidents.

If you have been injured in a trucking accident, a seasoned attorney should evaluate whether the driver was on the road for too long.

Parents in Kentucky and Indiana should rejoice over Danny's Law, a consumer protection statute which recently went into effect. Starting on June 28, 2010, parents who purchase a covered product will be provided with a registration card which should be sent back to the manufacturer. In the event of a recall, the parents will be notified. The information provided to the company by parents can only be used in the event of a recall, and cannot be used for marketing purposes. Further, the product will have to be labeled with the manufacturer's name and address, model name and number, as well as the manufacture date.

This law effects eighteen product categories including:

• full-size cribs


• non-full-size cribs


• toddler beds


• high chairs


• booster chairs


• hook-on chairs


• bath seats


• gates


• play yards


• stationary activity centers


• infant carriers


• strollers


• walkers


• swings


• bassinets


• cradles


• children's folding chairs


• changing tables


• infant bouncers


• infant bathtubs


• portable toddler bed rails


• infant slings

Continue reading "Danny's Law Changes Recalls for Parents" »

Each year hundreds of children are injured or die because of negligent safety measures in and around swimming pools and spas. This year alone, more than 210 children have died in the United States since Memorial Day in pool related accidents. A 2008 report by the Commission stated that the "average number of drowning deaths involving children younger than 5 in pools and spas has increased from a yearly average of 267 (for 2002-2004) to 283 (for 2003-2005)." Further, "the average number of emergency room treated pool and spa submersion injuries decreased from an annual average of 2,800 (for 2004-2006) to 2,700 (for 2005-2007)."

In response, the U.S. Consumer Product Safety Commission has introduced a kids education program which includes a video series featured on the Safe Kids website and the NDPA website. The videos feature Ming-Na, the voice of Mulan in the Disney film.

Many pool accidents are preventable and a result of negligence. Drowning accidents can occur at public pools, rivers and lakes, in the backyard, and even in the bathtub. These accidents happen quickly; in fact, a short submersion of four or five minutes can cause lasting brain damage.

Continue reading "U.S. Consumer Product Safety Commission Issues Kids Safety Education Effort" »

Today, a new Kentucky Law goes into effect banning texting while driving. Until January 1, 2011, drivers found in violation of the law will receive a warning ticket. After the new year, law enforcement will impose fines of $25 for the first offense and $50 for subsequent offenses.

The law, of course, was imposed to curb distracted driving which has been cited by the United States Department of Transportation as significant problem on America's roads. According to one report, more than 57,000 crashes in Kentucky were attributed to driver distraction and inattention. According to Acting Transportation Secretary Mike Hancock,"The message to drivers is to eliminate distractions and stay focused on the road. Driving a motor vehicle requires your undivided attention."

Continue reading "Kentucky Text Ban Effective Today" »

Kentucky products liability attorneys are not happy with the latest Kentucky Supreme Court case, Fluke Corporation v. LeMaster (Rendered March 18, 2010). The court reversed a 2008 Appellate decision which held that equitable estoppel barred a product manufacturer's statue of limitations defense because the company hid product defects from government regulatory agencies.

The case stems from an explosion injuring several people. After filing a lawsuit, the plaintiffs added another defendant, Fluke Corp., after the statute of limitations date had passed because they later learned that Fluke's defective voltage meter may have contributed to the accident. Fluke's summary judgment motion was granted and the plaintiffs appealed claiming Fluke's failure to properly comply with the Consumer Product Safety Commission bared their defense.

The Supreme Court reversed, holding that plaintiffs were not protected by the company's failure to properly report to the government agencies. Instead, the plaintiff was bound by the one-year statute of limitations for products liability cases. The plaintiff knew or should have known that there was potentially a problem with the voltage meter at the time of the accident.

Continue reading "Kentucky Supreme Court Opinion on Products Liability " »

Last month, the National Highway Traffic Safety Administration (NHTSA) opened an investigation to review a potential "sticky accelerator pedal problem" in Chrysler Group LLC's 2007 model-year Dodge Caliber cars. Reports of the accelerator pedal becoming stuck and not returning to the idle position when released have been made to the agency. The company that supplies these pedals, CTS Sorp., is also the supplier of the pedals involved in the Toyota Motor Corp's recall of more than 2 million vehicles in January of this year.

After one month of investigation, Chrysler has decided to initiate a voluntary recall of 34,631 Dodge Caliber and 90 Jeep Compass vehicles from the 2007 model year in order to address a potential issue with sticking gas pedals.

If you or someone you know has been involved in an accident in the 2007 model-year Dodge Caliber car or Jeep Compass, call the law office of Miller & Falkner so that an experienced personal injury attorney can help protect your rights.

A 19-year-old woman was killed today in a multiple vehicle collision that occurred on Old State Road 60 near Sellersburg, Indiana. Five vehicles were involed in the chain reaction collision including a Jeffersonville, Indiana garbage truck that strucky the rear of the 1994 Ford vehicle being driven by the 19-year-old woman. Also there were two men seriously injured that were flown to nearby University Louisville Hospital.

See coverage from WLKY-TV Louisville, Kentucky
http://www.wlky.com/news/23475309/detail.html

On March 26, 2010 at approxmately 6:00 a.m., on I-65 in Munfordville, Kentucky, a Semi-tractor trailer crossed the center median striking a Mennonite passenger van carrying men, women and children on their way to a wedding in Iowa. It is reported that eleven (11) people have died as a result of the collision. It is believed that two toddlers in car seats have survived the accident. It is unknown at this time whether a medical condition caused the driver of the semi to loose control of the vehicle or whether he fell asleep at the wheel, but the Kentucky State Police will be conducting a full reconstruction of the event.

A Local media stationWLKY reports live from the scene.
http://www.wlky.com/video/22964189/index.html

On Tuesday, October 6, 2009 at approximately 4:00pm, a school bus filled with children was involved in a motor vehicle accident with a pick up truck in Pendleton County, Kentucky. Ten students and the driver of the pick up truck were transported to the hospital for injuries they sustained in the crash. Thankfully, it does not appear that any of the injuries are life threatening. An investigation is pending to determine the cause of the crash but authorities do not expect any criminal charges will be filed. For more information on this accident please click here.

Although it is not clear whether the bus driver in this accident acted negligently, bus drivers carry very important cargo and must drive with the utmost care. Also, drivers of other vehicles need to exercise extreme caution when driving near a bus as any accident has the potential for serious injuries.

Continue reading "Several Injured in School Bus Wreck" »

As of September 30, 2009, 586 people have died as a result of motor vehicle accidents according to the Kentucky Office of Highway Safety. Over 50% of those deaths involved people that were not wearing their seat belts. Almost a quarter were accidents involving alcohol and just over 10% involved motorcyclists that were riding without a helmet. This year's death toll is five more than at the same time in 2008. However, it is much lower than in 2006 and 2007.

Clicking your seatbelt, not drinking and driving, and wearing a helmet while riding your motorcycle are important steps you can take to ensure your safety on the road. Unfortunately, even despite taking these safety measures, sometimes there is nothing you can do to protect yourself against a negligent driver.

Continue reading "The Number of Kentucky Deaths Related to Traffic Accidents Rises" »

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" »