Kentucky Injury Attorney Blog

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" »

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 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" »

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.

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.