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.
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.
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.
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.
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.
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.
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.
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.
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!
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.
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.
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.
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.
It is happening all over Kentucky, Indiana and the rest of the country. An individual is driving down the road when they are suddenly struck by another vehicle. There is some damage to the vehicle and the individual is in some pain. It could be a headache, neck or back pain, or a sharp pain in the knee. After a visit to the emergency room or a physician, physical therapy or some other medical treatment is recommended which required some time off of work. Before too long there are medical bills, lost wages and damage to the vehicle to worry about.
These minor-impact automobile accidents happen every day. However, what many people do not realize is that the problems for the injured person do not end after the accident -- they are just beginning.
In an effort to reduce losses and increase profits, many large insurance companies deny and/or delay even the most straightforward of claims. CNN and Anderson Cooper conducted an 18-month investigation into minor-impact soft-tissue injury crashes around the country. What was discovered by reviewing documents and talking with former insurance industry employees was insurance companies systematically adopting a "take-it-or-leave-it" strategy when dealing these minor-impact soft-tissue injury crashes, even when liability is not an issue. This strategy was deemed "institutionalized bad faith" by University of Nevada insurance law professor Jeff Stempel. This strategy seems to have been developed in the mid-1990s and for insurance giants Allstate and State Farm, according to CNN, this strategy was developed with the assistance of consulting firm McKinsey & Co when looking for ways to boost profits. CNN noted that while these documents from McKinsey are under seal in courts around the country, they were able to view several of them during a court hearing in Lexington, Kentucky. One such document viewed by CNN played on Allstate's slogan "You're in Good Hands" by stating that the insurance company should put boxing gloves on those hands for claimants that insist on going to court.
As one former Allstate and State Farm employee stated to CNN, the strategy of these insurance giants relies on the three Ds -- denying a claim, delaying a settlement, and defending against the claim if it goes to court.
Read the articles by Anderson Cooper 360 regarding this investigation.
Whether you have been injured in a car accident or at work, if you have made a claim for benefits (whether or not your claim has resulted in suit being filed) you might be subject to an Independent Medical Exam (IME). An IME is designed by insurance companies and employers to reexamine an injured person to see if the doctor performing the IME agrees with the diagnosis and recommended treatment which was given by the injured individual's doctor. However, as discussed below, many problems arise from these IMEs.
The title of Independent Medical Exam can be very misleading as they are not really independent. As a New York Times article explains, their review of case files, medical records and patient interviews in New York worker compensation claims indicated that exam reports that results from these Independent Medical Exams are routinely bias towards and benefit insurers and employers over the injured individual by minimizing or dismissing altogether the injuries sustained.
The main reason for this bias is that employers and insurance companies are the companies that pay for these IMEs and therefore, if a physician starts producing reports that do not benefit the company's position on the injuries, that physician will likely not receive further IMEs from that company.
Many injured individuals have been able to contest the findings of these IMEs and prevailed, however resolution can take many months or years and many people simply give up. A personal injury attorney can assist an injured individual not only after a biased IME has been given, but before any IME has been conducted.
If you have been injured in an automobile/trucking accident or at work and your employer or an insurance company is requiring an IME for your claim, conduct the the personal injury attorneys are Miller & Falkner to help protect your rights against unfair IMEs.
