Kentucky Injury Attorney Blog

In late 2011, CarInsuranceCompare.com collected information from several sources and compiled a list of the best and worst states in which to drive. Factors included the number of accident deaths, drunk drivers and traffic tickets, and how many drivers were cited for failing to obey traffic signals. Kentucky ranked as the seventh worst state for driving. According to the report, this is not surprising since states in the south seemed to fair worse in the ranking than those in the north. It does to say to keep in mind that many of the northern states are smaller than their southern counterparts, which means people are driving fewer miles to reach their destinations. Also, many of the northern states have large metropolitan areas, such as New York City and Boston, where many people do not own cars, relying on public transportation instead.

While drivers may dispute whether or not their state is one of the worst to drive in, it does seem to have an effect on insurance rates. Louisiana, which was ranked as the worst state for driving, had the highest insurance rates according to several different sources. One source ranked Kentucky as being the 19th most expensive insurance, which isn't the worst, but certainly isn't the best news for Kentucky drivers. Other factors are obviously involved in insurance rates, such as the values of the cars being insured in the state and what kind of coverage a state requires their drivers to carry.

High scores for both drunk driving and driving carelessly landed Kentucky in the number seven slot on the list. While the former may seem to be a more serious offense than the latter, careless driving can be just as deadly. Numerous Kentuckians have lost their lives in the last year due to careless drivers, including the 11 people killed in a van that was hit by a trucker distracted by his cell phone.

Kentucky also ranks seventh in car accident fatalities. Fortunately, this number dropped again in 2011. As of December 21, 701 people had died in car accidents in 2011. This is a significant decrease from 750 in 2010 and a large improvement over 845 deaths in 2007. Kentucky State Police attribute this decrease not only to their efforts in educating drivers and enforcing the laws, but also to drivers paying more attention to driving and being less distracted behind the wheel. Police spokesman David Jude said "distracted driving is really on people's minds and it's starting to make a difference."

Continue reading "Kentucky Ranked as One of Worst States for Driving, but Car Accident Fatalities Decline" »

A Louisville, Kentucky man was killed in a car accident on the Clark Memorial Bridge between Indiana and Kentucky on December 2, 2011. He was hit head-on by another vehicle headed in the opposite direction. The driver of the pickup truck that caused the accident was not intoxicated, did not fall asleep behind the wheel, and was not distracted by a cell phone or car radio. According to an eye witness, the driver of the pickup truck appeared to be having a seizure when the accident occurred. The passenger in the truck attempted to keep it out of incoming traffic but was unable to do so. Who is at fault when an accident occurs as a result of a medical condition? Can the passenger be held liable for the accident? Both of these questions arise in this accident.

A few days after the accident, the eyewitness account that the driver had a seizure was confirmed. The Courier-Journal reported that he was on medication for epilepsy, a condition that causes a person to have seizures. While the thought of someone who might have a seizure driving a vehicle may be frightening, it is not illegal. Kentucky law states an individual who is certified by a doctor to have been seizure-free for 90 days can apply for a driver's license. The Kentucky Medical Review Board will review the application and most likely interview the applicant before deciding whether the individual can drive. If the individual is given a license, he must continue to be monitored by his physician and report any seizures that occur. There are several ways that the medical review board can become aware of a person's potential inability to drive, as shown in this excerpt from the Kentucky Transportation Cabinet:

• If the driver has indicated that he has "blacked out", lost consciousness or suffered a seizure prior to a reportable motor vehicle accident;


• If the driver has been reported by a physician as being incapable of driving safely due to a physical or mental condition, or due to medication prescribed for an extended period of time;


• If the driver has been reported by a law enforcement officer after being observed driving or behaving in an erratic or dangerous manner which indicates the possibility of a physical or mental impairment;


• If the driver's official record kept by the Transportation Cabinet indicates a possibility of a physical or mental impairment;


• If the driver has reported that he suffered an epileptic seizure or any type of syncopal episode;


• If the driver has been reported by a commonwealth attorney, county attorney, county clerk, circuit clerk, sheriff or judge as being incapable of driving due to a physical or mental impairment.


• If the driver has been named in an affidavit by at least two citizens as being incapable of properly operating a motor vehicle due to a physical or mental impairment.



Continue reading "Fatal Indiana and Kentucky Bridge Car Accident Caused by Seizure" »

On the last day of November, a Hopkinsville, Kentucky car accident took the life of a woman who was riding in a pickup truck driven by her husband. According to an eye witness, the truck was not speeding, but it appeared to hit a patch of black ice on a bridge. The truck slid into a guard rail on the other side of KY 1682 bypass, went over the rail and down an embankment. The passenger side of the truck ran into a tree at the bottom of the embankment, causing the death of the passenger and multiple injuries to the driver.

In Louisville, Kentucky, multiple accidents appear to have been caused by ice on the interstates during the December 8th morning rush hour. Just on the stretch of I-64 between 9th and 22nd Streets, police responded to 18 accidents between 6 a.m. and 9 a.m. Fortunately only three involved injuries that were not life-threatening. Three accidents also occurred on I-71, and 265 was the scene of a multi-vehicle accident. The interstates had not been treated with brine because there was no precipitation in the forecast. National Weather Service hydrologist Mike Callahan attributed the icy conditions to moisture from the heavy rains the area experienced recently still on the roadways.

Icy roads are a fact of life in Kentucky this time of year, and extra precautions should be taken when driving on them. The Weather Channel offers the following tips for driving on ice:

1. Decrease your speed and leave yourself plenty of room to stop. You should allow at least three times more space than usual between you and the car in front of you.
2. Brake gently to avoid skidding. If your wheels start to lock up, ease off the brake.
3. Turn on your lights to increase your visibility to other motorists.
4. Keep your lights and windshield clean.
5. Use low gears to keep traction, especially on hills.
6. Don't use cruise control or overdrive on icy roads.
7. Be especially careful on bridges, overpasses and infrequently traveled roads, which will freeze first. Even at temperatures above freezing, if the conditions are wet, you might encounter ice in shady areas or on exposed roadways like bridges.
8. Don't pass snow plows and sanding trucks. The drivers have limited visibility, and you're likely to find the road in front of them worse than the road behind.
9. Don't assume your vehicle can handle all conditions. Even four-wheel and front-wheel drive vehicles can encounter trouble on winter roads.

Continue reading "Ice Causing Accidents Already on Kentucky Roadways" »

A tragic accident that began with a minivan hitting a deer on the Indiana tollway early last month ended up taking the lives of seven people and injuring three more. The minivan struck the deer, slowed down or stopped, and was hit by a semi. While the collision with the deer did not actually cause the fatalities and injuries, it triggered the rest of the event.

October, November, and December are the worst months of the year for deer accidents because the deer are breeding. Kentucky State Police state that 47 percent of all car accidents involving deer occur in these three months. The peak times of day are between 5:00 and 8:00, both in the morning and evening. A 21-year-old was driving his Chevy pickup in Christian County in Kentucky in November of this year when a deer jumped through the windshield, killing him and injuring his 14-year-old brother. The officers that responded to the accident said it occurred around 6:00 p.m.

Generally more deer are found near wooded areas, but they can appear anywhere, even in the suburbs and industrial areas. Western Kentucky counties that normally have the highest number of deer collisions include Hopkins, Henderson, Daviess and Muhlenberg. While deer populations are higher in more rural areas, which some may think would increase the number of accidents, the number of vehicles traveling in these areas are fewer, so there are not as many cars for the deer to hit. More heavily-traveled roads may be in areas with smaller numbers of deer, but the increased number of vehicles causes the collision rate to increase.

Deer accidents are frequently unavoidable, but some precautions can be taken. Pay attention to deer crossing signs. Studies have shown that posting these signs has actually decreased the number of deer-vehicle accidents. Do not become distracted by cell phones, food, radios, or other items in the vehicle; focus all your attention on the road. Use high-beam headlights when traveling in the dark. If you see one deer cross the road, slow down and allow any other deer traveling with it to cross before you proceed. Deer are usually not alone. Always wear your seatbelt. According to Kentucky State Police, most people injured or killed in collisions with deer were not properly restrained. If you hit a deer and it remains in the road, do not approach it or attempt to help it. A scared, injured deer could injure you in its attempt to get up and get away from the vehicle.

Continue reading "Tis the Season for Kentucky Car Accidents Involving Deer" »

Up until 2008, leaving the scene of a car or truck accident was a misdemeanor and could result in a fine between $20.00 and $2000.00 and a jail term not longer than one year. In 2006, a 14-year-old boy was killed by a hit-and-run driver in Owensboro, Kentucky. The driver was found and was sentenced to only seven months in jail.

In response to the boy's death, legislators introduced a new law, called "Eric's Law" in honor of the Owensboro victim, which makes leaving the scene of an accident with injuries or death a class D felony. The penalty for this class of felony is one to five years in jail and a fine up to $10,000, which can be reduced by $10 for every hour of community service performed. The law was enacted in 2008.

Numerous hit-and-run accidents have occurred in Kentucky since the law was put in place, including the 2008 accident that killed two young girls when the driver was trying to elude police during a traffic stop. That driver was caught and was eventually found guilty of murder and sentenced to life in prison. One might wonder if the tougher hit-and-run penalties make a difference in deadly accidents that end in murder charges. But in the case of an involuntary manslaughter charge, or an accident that causes serious injury but not death, it can increase the defendant's jail time and fine significantly, maybe even enough to make the individual think twice about leaving the scene of an accident.

There are several reasons why someone might leave the scene of an accident. In the case of the two young girls that were killed near the University of Louisville, the driver was fleeing from police when the accident occurred. Some drivers may not want to see the damages or injuries they have caused. Others may be afraid of the legal consequences, so they flee in the hopes they do not get caught later. One reason may be how current penalties for leaving the scene of an accident compare to the penalties for drunk driving. Currently the penalty for killing someone while driving intoxicated is five to 10 years in jail. This penalty is much stiffer than the one to five years given for leaving the scene of the accident. This disparity may cause some individuals who have been drinking to flee the scene initially and turn themselves in later when they are sober. Prosecutor Ray Larson thinks the hit-and-run laws need to be even tougher to discourage people from leaving a car accident. A person staying at the scene and getting help versus leaving the scene could mean the difference between life and death for the injured person.

Continue reading "Are Kentucky Hit-and-Run Accident Penalties Tough Enough? " »

The most recent Kentucky car accident involving a drunk driver to receive a lot of press was the November 11th accident that involved two University of Kentucky basketball players. Stacey Poole Jr. and Terrence Jones were riding in an SUV early Friday morning when it was struck by Scott Roseberry, a 22-year-old from Versailles, Kentucky. Mr. Roseberry stated he drank four or five beers before driving and hitting the SUV on East High Street in Lexington. Fortunately no one was seriously injured. Mr. Roseberry has been charged with DUI.

What remains to be seen in this accident is how the DUI will affect Mr. Roseberry's future. First offenders of drunk driving in Kentucky face up to 30 days in jail, fines between $200 and $500, license suspension up to 120 days, and possible mandatory enrollment in an alcohol treatment program or community service. Because Mr. Roseberry swerved into oncoming traffic and caused an accident, he could be charged with aggravated DUI, which carries stiffer penalties. Hopefully this incident will convince this young man to not drink and drive again, so he does not suffer the fate of Ivanna Villanueva, a 19-year-old college student in Miami. Ms. Villanueva was driving her car on October 2, 2001 after a night of partying at three different clubs when she rear-ended another vehicle, killing the 68-year-old driver. Her blood-alcohol level was more than three times the legal limit and she was going 80 mph in a 40 mph zone. The teen has been charged with DUI manslaughter and may spend up to fifteen years in prison. The victim's family has also filed a wrongful death suit seeking damages. While she is currently out of prison and able to attend classes, her life has been forever changed by this tragic accident caused by her bad judgment.

On January 15, 2010, in Louisville, Kentucky, Amy Tomes drove her car the wrong way on I-65, causing a six-vehicle accident. She was driving without a valid license or insurance, and her blood-alcohol level was 0.32, four times the legal limit. One of the people involved in the crash had bruised kidneys and bleeding on the brain and had to be hospitalized. Ms. Tomes suffered numerous injuries as well. She initially pled not guilty to driving under the influence, reckless driving, wanton endangerment and assault, among other charges, but took full responsibility for the accident at the sentencing hearing, stating she couldn't remember the accident, but had seen it on TV. On November 10, 2011, the judge sentenced her to five years in prison, citing the seriousness of the accident and noting how miraculous it was that no one was killed.

Continue reading "Drunk Driving in Kentucky and Across the Nation Destroys Lives" »

On August 23, 2009, Bryan Lee decided to test-drive a new car. He went to Commonwealth Dodge on Preston Highway in Louisville, Kentucky with his brother and asked to test-drive a new Dodge Challenger. The two brothers left the dealership in the car with salesman Sayed Ghafoori. While driving on Fern Valley Road, Mr. Lee dramatically increased the speed of the vehicle and crashed into a Mercury Sable, killing both occupants.

During the trial, Mr. Lee showed little or no remorse until the sentencing, blaming everyone else for what happened, and he stated he was only going 60 mph, which is still above the posted 45 mph limit on Fern Valley Road. According to the vehicle's black box, which records data on the vehicle while it is being driven, the car had been going 102 mph just before the accident.

Almost exactly two years after the crash, a jury found Mr. Lee guilty of second degree manslaughter in the fatal car accident and recommended a five-year sentence for each death to run concurrently, with a possibility of parole in one year, after 20 percent of his sentence is served. On October 21, 2011, Judge Barry Willett confirmed the five-year sentence, denying the defendant's request for probation.

Both sides had differing stories regarding Sayed Ghafoori, the salesman in the car, during the test drive. Mr. Lee testified that Mr. Ghafoori had encouraged him to go faster, telling him to "hit it." In a statement released to the press, Commonwealth Dodge said "Mr. Lee was in no way encouraged to break the law by our salesman, whose life was also in jeopardy during these events, and who incurred injuries in this needless accident." Investigations into Mr. Ghafoori's background have found that he was charged with speeding six times, at one point going 34 mph over the speed limit. These findings do not make Mr. Lee any less guilty since he should have used his own common sense even if he was encouraged to speed by the salesman. However, a case could be made that the salesman is partially responsible for the accident.

Continue reading "Fatal Kentucky Car Crash Lands Man in Jail for Five Years" »

Traffic accidents have increased in Kentucky in 2011, even by as much as 27 percent in some counties. Reasons for this increase could include large construction projects or more distracted drivers. Fortunately, the number of people killed in Kentucky car and truck accidents has decreased this year, as it has in the last five years. As of October 10, 2011, 549 people have been killed on the road in Kentucky, about 7.7 percent fewer than last year at this time. Although this is a positive trend, Bill Bell, director for the Kentucky Office of Highway Safety says, "The problem is people still are dying on the highways, and that's unacceptable."

So how is the number of traffic deaths decreasing while the number of accidents increases? Mr. Bell thinks the installation of cable barriers between the roadways is a big factor. These barriers keep cars and trucks from crossing over into oncoming traffic, eliminating deadly head-on crashes. Having more police cruisers parked in construction zones also appears to help by slowing down motorists through these areas that can be more congested and confusing with constantly changing barrels, cones and signs.

Individuals can make changes to their driving habits to help reduce the number of accidents and fatalities on the road. One of the most important aspects of safe driving is being focused on the road and the other drivers rather than being distracted. The Insurance Institute for Highway Safety says cell-phone users are four times as likely to be involved in an accident. Cell phones should not be used for texting or making phone calls unless the vehicle is pulled over and stopped in a safe location. Do not attend to pets or young children in the back seat until the car is stopped as well. Loud music and rowdy passengers can be distracting, especially for teens. Keep the volume down in the vehicle.

Eating, drinking, shaving, and applying makeup are all driving distractions.
Although this should be common knowledge, it bears repeating. Do not drive any vehicle while sleep-deprived or under the influence of drugs or alcohol. These conditions not only hinder the driver's ability to control the car, but they also make the driver less aware of his surroundings and less able to react in a potentially unsafe situation.

Continue reading "Kentucky Road Fatalities Decline as Accidents Increase" »

In March, 2010, 11 people were killed in Munfordville, Kentucky when a commercial truck crossed the median and collided with a 15-passenger van. After reviewing the accident for almost 18 months, the National Transportation Safety Board Commission (NTSB) determined that the semi driver was using his cell phone at the time of the collision. The last of four calls the driver made in the 23 minutes before the accident was only connected for one second before the crash at 5:14a.m. A total of 69 calls and text messages appeared on the phone in the 24 hours leading up to the accident.

As a result of this truck accident, NTSB is recommending that hand-held and hands-free cell phone use by commercial drivers be banned, unless there is an emergency. What the states and other transportation agencies do with the recommendation remains to be seen. Chuck Wolfe, spokesman for the Kentucky Transportation Cabinet, suggested that the banning of cell-phone use be handled by Congress rather than by the state of Kentucky since the drivers operate in multiple states. Kentucky currently has laws that prohibit all drivers from texting while driving and drivers under 18 from any cell-phone use. NTSB Chairman Deborah Hersman encourages everyone to consider eliminating cell-phone use while driving, saying, "Changing behavior can start right now, for big-rig drivers and also for the rest of us. When you are at the wheel, driving safely should be your only focus. You owe it to yourself and all the people on the road you put at risk..."

While the families of the victims in the van did not file any lawsuits because of their religious beliefs, accidents that are attributed to driver distraction can have legal consequences. Gross negligence can be charged if the driver was distracted by texting. The fact that the semi driver was operating the vehicle on only four hours of sleep could have also been a basis for gross negligence. Employers of individuals who cause accidents while using their cell phones could be liable as well. A 2002 New York Times article regarding doing business by cell phone discusses a settlement of $500,000 between Smith Barney and the family of a motorcyclist killed by one of its brokers who was on the phone when the accident occurred. The actual driver of the car was charged individually with manslaughter and pled guilty.

Continue reading "Cell-Phone Ban for Commercial Drivers May Save Lives" »

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.

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" »