Kentucky Injury Attorney Blog

Some erratic snowfalls have caused several car accidents in and around Kentucky in the last few weeks. But while there may have been a few flurries in the air, two recent multi-car crashes on I-65 near Elizabethtown do not appear to have been caused by weather.

According to Kentucky State Police, on Saturday, March 2, 2013, a commercial truck driver was driving too close behind a passenger vehicle and the truck crashed into the back of vehicle, causing it to catch fire. Six of eight family members in the SUV tragically died in the fire. The two survivors were foster children of two of the adults killed, and they were taken to the hospital with serious injuries. The accident occurred on the northbound side of I-65.

About 15 minutes after the northbound truck accident, another accident occurred in the same place in the southbound lanes. Another semi crashed into the back of one car, and hit another car that in turn hit a third car, resulting in a four-vehicle accident. The driver of the first car hit was the drummer of country singer Kellie Pickler. He was transported to a local hospital for treatment of extensive injuries. Two of the other drivers were also injured.

If the weather was not to blame, what caused these three very similar accidents? Officials do not know for sure, but they have a couple theories. Kentucky State Police think distracted driving could have played a part in the first accident. The truck driver that hit the SUV may have been on his phone or paying attention to something else in his cab, and he didn't see the SUV in time to stop. It would be sadly ironic if the trucker was on his phone at the time of the crash, because this stretch of I-65 is where a truck hit a van and killed 11 people in 2010. That accident led to the National Transportation Safety Board's request to make talking on a cell phone or texting against the law for long-distance commercial drivers. Investigators are also checking the driver's log to see how long he had been driving and if he had taken the amount of break time required by law. A blood sample was taken as well.

Continue reading "Two Recent Kentucky Car Accidents on I-65 Leave Six Dead, Injure Several Others" »

On Monday, January 21, 2013, a freak snowfall caused whiteout conditions on I-275, just north of the Kentucky border in Ohio. Although temperatures were below freezing, officials think the pavement was warm enough to melt the snow as it fell, then the cool air refroze it into ice. As cars began to slip and slide, other drivers coming up behind them were unable to see them in time to stop, so the cars and trucks crashed into one another. By the time it was all said and done, at least 86 cars and trucks were involved in the accident.

Unfortunately, one 12-year-old girl was killed when she exited the damaged car she had been riding in. While some might question why someone would get out of a car on a highway, she or the driver she was with were probably afraid they would get hit in their car if they stayed inside. Someone else involved in the car crash confirmed this belief, saying, "I just hopped out of the car as fast as I could and ran to the side of the road, and it wasn't even five seconds after I exited my vehicle, my car got completely smashed by the semi." At least 20 other people were also taken to the hospital with injuries.

Initial reports said the girl who lost her life was hit by a barrier cable that had snapped during the accident. This information had people wondering if this type of barrier system is more dangerous than concrete or metal barriers. According to a news report from WCPO, a Cincinnati news station, the sheriff's deputies that were at the accident site said the cable barrier had not broken. Rather, it struck the girl as it was snapping back after several cars hit it. The Ohio Department of Transportation believes the cable barriers are actually safer than concrete or metal barriers because they do not cause cars and trucks that hit them to bounce back into traffic and cause more accidents.

Continue reading "Huge Car and Truck Accident North of Kentucky Takes a Life, Injures Many, and Poses Questions" »

It seems as if product recalls on cars are becoming more and more common. It is hard to say whether it is because cars are not being made as well as they used to be, or if the manufacturers are trying to protect themselves and their consumers by issuing the recalls more readily. The latest big recall hasn't even officially happened yet, but it has been announced through the media.

In February 2013, Honda is scheduled to announce to the recall of over 800,000 vehicles in the U.S. and about 70,000 in other countries. In October 2012, the National Highway Traffic Safety Administration (NHTSA) announced that it was going to begin investigating Honda Pilots and Odysseys that were manufactured in 2003 and 2004. The investigation was prompted by the NHTSA receiving over 40 complaints regarding the vehicles. Drivers stated that the vehicles rolled away after being parked and having the keys removed. Owners of 16 of them said the only reason they stopped rolling was because they hit a stationary object such as a tree, wall, or brick mailbox. At least three vehicle owners claimed to have been injured trying to stop the rolling vehicles. Two months after the investigation was opened, Honda announced that they were going to recall 2003-2004 Honda Pilots and Odysseys, and 2003-2006 Acura MDXs.

What is causing these vehicles to roll away by themselves? It is not a brake failure as one might expect. Ignitions are designed so that the driver cannot remove the key unless the vehicle is in park. However, on the recalled models, the ignition part that prohibits the key from being removed can wear down or be damaged, allowing the key to be removed without the car being put into park. If the emergency brake has not been applied, the vehicle is free to roll away.

Continue reading "Recall Scheduled to Occur in February 2013 on Certain Honda Models" »

Most of us are familiar with the "black boxes" on airplanes. Unlike the photo attached here, the black boxes on planes are small data recording devices. When a plane crashes or has to make an emergency landing, the black box on board is used to determine what went wrong by linking it to a computer and downloading its data. This is especially helpful if there are no witnesses or survivors to interview, which unfortunately happens frequently in plane crashes.

But how many of us realize that these black boxes are in many of the cars we drive? Officially called "event data recorders," these devices record dozens of different data, from the speed of the car to whether or not the driver or passengers were wearing seatbelts. The National Transportation Safety Board (NTSB) is supposed to be proposing a new regulation that would require the black boxes to be installed on all new vehicles.

NTSB has been trying to enact this rule unsuccessfully for almost a decade because people fear the black boxes will infringe on their privacy. Likening the recorders to "Big Brother," one Representative said, "Privacy is a big concern for many across America."

No matter what your beliefs are regarding the privacy issue, it is hard to deny the usefulness of having a large amount of pre-accident data available when determining what caused a car crash. In an effort to avoid fault, many drivers will stretch the truth or outright lie about how fast they were going or whether they attempted to stop or not, or they may try to place the blame on a malfunction of the car. Such was the case in a Louisville, Kentucky car crash that happened in August 2009. A man was test-driving a car at a high rate of speed when he crashed into another car and killed two people. He claimed that he was only going 60 mph before the crash, but the black box had recorded a pre-crash speed of 102 mph, more than twice the posted speed limit of 45 mph. He was found guilty of second-degree manslaughter and is currently serving a five-year sentence.

Continue reading "Black Boxes in Cars Help Determine Cause of Kentucky Car Accidents, But Do They Infringe on Privacy?" »

The goal of all police officers is to keep the general public safe. Sometimes this means pursuing those who have committed crimes. But at what point does it become more hazardous to the public to attempt to catch the offender than letting the offender get away?

High-speed police chases have been the subject of debate for years. About the time it fades into the background, another innocent bystander or police officer is injured during the pursuit of justice. In Louisville, Kentucky, the latest victim of this type of car accident was a 31-year-old mother of three. She was on her lunch break from her job when she was killed by a driver trying to evade police in October 2012. Even though police say the high-speed chase lasted less than one minute, it was still long enough to take the woman's life.

On November 28, 2012, Steven Conrad, the Police Chief in Louisville announced a new high-speed pursuit policy to be followed by all LMPD officers. Starting December 7, 2012, officers will only be allowed to pursue at high speeds those who have committed a violent crime. This type of crime includes arson, rape, murder, robbery or kidnapping.

How does this differ from the previous policy? Before, police officers were given less guidance as to when to pursue an alleged felon at high speeds. There were rules as to the conditions of the roads and the likelihood of injuries, but who they were to pursue was a little vague. In the case mentioned above, the person being chased was allegedly involved in some type of drug crime, which by itself would not be a violent felony.

Continue reading "Louisville Police Change High-Speed Chase Policy to Keep Kentucky Drivers Safer" »

Yet another Kentuckian has lost his life to a drunk driver in a car accident this year. On November 5, 2012, a motorcyclist was rear-ended by a drunk driver while waiting for red light to change in Louisville, Kentucky. He was taken to a local hospital, but died from his injuries. The drunk driver also crashed into another car, causing it to hit a fourth vehicle. Fortunately, none of the people in these cars suffered life-threatening injuries.

What made this motorcycle accident even more horrible was the nonchalance in which the drunk driver responded to causing the crash. According to a witness, he got out of his car and demanded that someone give him a light for a cigarette. He then told police, "Just take me to jail, I'm drunk." He never once asked about the conditions of any of the people he had hit. Equally frustrating is the fact that this was not his first offense. He was convicted of DUI in 2005 and has a criminal record that includes reckless driving, marijuana possession and alcohol intoxication. This time he was charged with murder, DUI, wanton endangerment, assault, and driving without insurance.

Ideally, the penalty he receives from this latest accident would be severe enough to convince him never to drink and drive again. But this may not be the case. Despite the fact that drunk drivers injure and kill people on a daily basis, the laws and punishments do not seem to be enough to keep it from happening again. One additional way the drunk driver may be punished is if any of the injured victims or the family of the deceased victim decides to file a personal injury or wrongful death lawsuit against him. They can seek compensation for lost wages, medical bills, funeral expenses, and pain and suffering, among other things. They can also request another type of compensation called punitive damages. This type of damages is meant to punish the alleged defendant for his actions in the hopes that he will not drive drunk again.

Continue reading "Latest Fatal Kentucky Drunk Driving Accident Kills Motorcyclist in Louisville" »

In 1999, the TV show "ER" staged a school bus crash in which the bus overturned near the train tracks in downtown Chicago. Students who were able climbed out of the emergency exit while others awaited medical assistance inside. Some train passengers that rode by the scene while it was being filmed were horrified by what they saw, until other passengers informed them it wasn't real.

Unfortunately, on September 28, 2012, the school bus accident that neighbors and passersby witnessed on Lower River Road in Louisville, Kentucky was not a set for a TV show. It really occurred, and numerous children were injured. It appears that a car with three high school students inside did not stop at the stop sign. Their car hit the bus hard enough that it was knocked over, sending 48 middle school children flying inside the bus. All three students in the car and all of the bus riders were taken to local hospitals, although some of those from the bus were taken more as a precaution than as a result of actual injuries. The only person involved in the bus wreck that did not go to the hospital was the driver of the bus.

This scenario begs the question: Why aren't school buses equipped with seat belts? The fact that the three people in the car had to go to the hospital makes sense because of the vast difference in size between the bus and the car. But because the bus driver who had a seat belt was the only one who wasn't taken to the hospital, it makes one wonder if fewer bus riders would have been injured if they had been wearing seat belts. Some states do require seat belts on certain buses, but it is not a requirement in Indiana or Kentucky.

The National Highway Traffic Safety Administration (NHTSA) addresses this question on its website. It states that about 42,000 people are killed in car accidents in the U.S. each year, but approximately six children are killed when riding in school buses. The sheer size of a full-size school bus allegedly keeps the children safer than a regular car. In addition, the seats are placed close together and have high, cushioned backs to protect children in the event of a crash.

Continue reading "Louisville, Kentucky School Bus Accident Sends 51 Students to Local Hospitals" »

A recent article from the Associated Press regarding senior drivers has been making the rounds both online and in local newspapers. It discusses how various states handle senior drivers differently, even starting with at what age a person is considered an "older" or "senior" driver. Common precautions taken with giving senior drivers permission to continue driving include eye exams and shorter expiration dates on drivers' licenses. The article points out that while younger drivers in their teens and twenties cause more car crashes than senior drivers, that may be because older drivers do not drive as much, by choice, and also may avoid driving in the dark and if it is raining or snowing.

State officials may have a hard time setting driving limits for seniors because someone's driving ability may not be commensurate with their age. A 65-year-old driver that has no major medical issues will be less likely to cause an accident than someone of the same age that suffers from memory loss or vision issues, or who is on multiple medications that may impair judgment or response time.

Many states have tried though. In Virginia, drivers over 80 can still keep their licenses for eight years like everyone else in the state, but they must renew their license in person and take an eye exam. Older Florida drivers have to renew every six years instead of eight and have an eye exam when they turn 80. California requires their drivers to submit to a vision test and a written test when they want to renew their licenses over the age of 70.

Some of these state laws have changed in response to accidents or personal injury lawsuits. In Massachusetts, the law changed in 2010 to require anyone over 75 to renew their license in person and have an eye exam. The reason? In 2009, an 88-year-old ran over a 4-year-old and killed the child. However, in New Hampshire, drivers are no longer subjected to mandatory road tests over the age of 75 because an 86-year-old driver said it was a form of discrimination in 2011.

Continue reading "Senior Kentucky Drivers Face Fewer Obstacles When Renewing Licenses" »

In February every year, Superbowl parties abound, in Kentucky, Indiana, and across the nation. Friends and relatives get together to enjoy the game, the commercials, food and drinks. Unfortunately for one Kentucky resident this past February, his friend enjoyed the drinks at a Superbowl party too much.

On February 5, 2012, a Tennessee resident came to Louisville to enjoy the game with some friends. After the game was over, he and a friend got in his Corvette. While on I-71, the driver lost control of the car, which ended up rolling on its top, injuring himself and killing his passenger in the car crash. It was determined that the driver had been speeding and was driving under the influence. Each of these factors alone makes it more difficult to maintain control of a vehicle; added together, they can be deadly.

At the beginning of September, 2012, the driver was convicted of wanton endangerment and driving under the influence. While his attorney asked the judge to sentence him to probation, the judge handed down a seven-year prison sentence, with a chance for shock probation in 30 to 180 days. The prosecution had argued that probation did not seem like a harsh enough punishment for killing another person. He also stated that the driver was a repeat DUI offender and would likely drive under the influence again without the proper punishment.

The prosecutor's belief that the driver would incur future DUIs was most likely based on the fact that he had been charged with DUI at least three other times in Kentucky since the 1980s and he faced drug-related charges at some point. Should the victim's family decide to pursue a civil lawsuit against the driver, they could request punitive damages, which would be an amount above and beyond what would be awarded for lost income, pain and suffering, and loss of a loved one. Punitive damages are awarded strictly to punish the defendant for his actions and to deter him from acting the same in the future. The fact that he was convicted in the criminal case would make it more likely that a judge would rule against him in a civil wrongful death as well.

Continue reading "Kentucky DUI Accidents Costs One Man His Life, Another Man Seven Years in Prison" »

Labor Day, according to the United States Department of Labor "is dedicated to the social and economic achievements of American workers." Many Americans celebrate the weekend with friends and family around the grill or the neighborhood pool, enjoying the last few days of summer. Unfortunately, Hurricane Isaac made outdoor celebrating a little trickier for Kentucky residents this year with heavy rains and the occasional thunderstorm. Based on the number of car accidents reported, it also made driving more difficult.

In 24 hours between Sunday and Monday evening, almost 80 car accidents occurred just in Lexington, with 17 of the crashes causing injury to at least one person. In Rockcastle County, there were five related wrecks on I-75 that involved 12 vehicles and shut down the highway for miles. And tragically, a motorcycle rider was killed in Louisville, Kentucky when he lost control of his motorcycle on the wet pavement on a curvy stretch of Brownsboro Road. He had returned from serving in the military in Saudi Arabia only 24 hours before the crash.

What caused all of these accidents, and what can be done to make Kentucky roads safer for drivers when the pavement is wet or it is raining? According to police involved in the cleanup of the 12-car accident scene in Rockcastle County, people were not paying attention. When it is raining outside, it is even more important to not be distracted while driving because wet roads may make it harder to stop and visibility may be reduced. An increase in traffic due to the holiday weekend may have worsened the situation. When more people are on the road, there are simply more cars to crash into. So drivers need to slow down, shut off their cell phones or radios, and stop trying to multi-task in the car when roadways are wet.

Continue reading "Kentucky Drivers Not Used to Driving in Rain Cause Multiple Car Accidents" »

Curbside buses - so named because they pick up and drop off passengers on the roadside instead of in a terminal - have been in the news a lot lately because they have been involved in several serious accidents. A 2011 bus crash killed 15 people in New York, and a driver and passenger were killed in another bus accident in New Jersey two days later. In May, 2012, numerous curbside bus companies were shut down, including three that operated out of Indiana, because of safety concerns.

On August 2, 2012, another curbside bus crashed into a bridge support in Illinois, killing one passenger and injuring several others. It is possible the crash was caused by a blown tire, but the investigation is still ongoing. The bus was run by megabus.com and was traveling from Chicago to Kansas City, Missouri with a couple stops along the way.

Why are these buses so dangerous? In some cases, the fault lies with the bus drivers. Many of the companies hire drivers that do not have valid commercial driver's licenses, which means they lack the proper training to safely operate a large vehicle like a bus. Some hire drivers that have been fired by other companies because of safety violations. Oftentimes the drivers operate the buses longer than they federal laws allow, causing them to become too fatigued to drive the bus safely.

The buses themselves can also contribute to accidents if they are not properly maintained and operated. Investigators in the August 2, 2012 bus crash are most likely checking the maintenance records of the bus to verify that the blown tire did not occur because of improper maintenance. In Georgia, Megabus has stopped using their double-decker buses until they are all thoroughly inspected. Bus companies, including Megabus, received warnings from the Federal Motor Carrier Safety Administration regarding the importance of the load on the bus and its relation to tire pressure. Companies need to properly load passengers and cargo, being careful not to exceed the weight limit. They also need to increase tire pressure if the bus is at capacity. These commercial buses are now being randomly selected to be weighed at weigh stations to make sure they are not over the limit.

Continue reading "Curbside Buses may be Unsafe for Kentucky Residents" »

Product recalls on cars are not uncommon. Considering the thousands of parts that go into each car or truck, it is understandable that an issue might arise after the cars have been sold and are being driven on a daily basis. Most issues are found before they cause any major damage or injuries, and recall notices are sent to everyone who owns the cars in question so the problem can be fixed.

A recent Ford recall encompasses thousands of cars built at the Louisville Assembly Plant in Kentucky. Over 8,000 Ford Escapes built at the Fern Valley, Kentucky plant between March and June 2012 have been recalled because of a carpet issue. Misplaced carpet padding could interfere with the driver's ability to switch from the accelerator to the brake. A Ford spokesperson said the problem was found internally and that no car accidents have been reported as a result of the issue.

While it appears that Ford is handling this current recall properly, that may not be the case in an earlier recall. In December 2004, Ford recalled around 590,000 Ford Escapes and Mazda Tributes because a liner around a cable could interfere with the accelerator and cause it to get stuck. The majority of owners of the cars in question had their cars repaired. Then in October 2005, Ford sent a new set of instructions regarding the previous recall to the dealers telling them to be careful not to damage the cruise control cable during the repair. This information was sent only to the dealers, not to the car owners, so anyone who had already had their cars repaired did not know there might be an additional issue.

Continue reading "Incorrect Ford Escape Recall May Have Contributed to 17-Year-Old's Car Accident Death" »

Two people lost their lives in a tragic Memorial Day accident in Ohio County, Kentucky. The driver of the car that held six other passengers left the road to one side, then swerved and left the other side of the road. The car rolled over and landed in the median. Two of the passengers were thrown from the vehicle during the car wreck and were pronounced dead at the scene. The other people were taken to several different hospitals by ambulance or helicopter. The driver, who was intoxicated when the car accident occurred around 7:00 a.m. Monday morning, faces numerous charges including DUI, two counts of manslaughter and four counts of assault.

It was determined that the two passengers who died at the scene were not wearing their seatbelts at the time of the car crash. While it cannot be proven, it is highly possible that they may still be alive today, like the other passengers in the car, if they had been wearing their seatbelts. Also, if their families decided to file a claim with the driver's insurance company or wanted to take legal action against the driver, the fact that they were not wearing their seatbelts could affect the amount of compensation they received. If someone is found to be partially responsible for their own injuries or death, the percentage of the fault determined to be theirs may be deducted from any damages awarded by a court or claim money from an insurance company. So it is in your best interest to always wear your seatbelt when on the road.

While this accident was being cleared and investigated, traffic was stopped on William Natcher Parkway for some time. Unfortunately a driver who was approaching the scene didn't realize traffic was stopped because he allegedly fell asleep at the wheel. He rear-ended someone in front him, pushing that car into a police officer assisting with the original accident. The officer was taken to the hospital with what were hopefully minor injuries.

While not nearly as tragic, this second accident illustrates a couple of driving issues. First, falling asleep at the wheel can be very dangerous both for the drowsy drivers and those around them. If you are feeling fatigued, pull over and let someone else drive. Or if you are driving alone, stop and take a rest before continuing on the road. Fortunately no one appears to have been seriously injured by this sleep driver, but that is not always the case.

Continue reading "Two People Killed in Kentucky Single-car Accident, Stopped Traffic Causes Second Accident" »

A recent Kentucky truck accident involved multiple vehicles and cars, most of whom were not even from the area. On May 22, 2012, traffic on I-24 over the Ohio River near Paducah was moving slowly due to some construction. One driver did not slow or stop in time and rear-ended the car in front of him. Both of these drivers survived the accident with only minor injuries.

Unfortunately, this initial car accident led to another more deadly accident in the same area. Traffic was backed up from the initial accident in both westbound lanes when semi driver reached the scene. He allegedly did not slow down or stop. He hit the mirror on a pickup truck first, then crashed into a motorcycle. Both people were knocked off the motorcycle. The truck driver then hit another semi before coming to a stop. Both truck drivers were taken to the hospital with minor injuries. The motorcycle riders were not so lucky; they were pronounced dead at the scene.

This accident was very tragic in that it claimed the lives of two innocent victims. It was also very unusual because almost every person involved was from a different state and no one was a Kentucky resident. The truck driver who allegedly caused the accident was from Wisconsin. The two motorcycle riders were from North Carolina and Texas. The pickup truck and second semi-truck drivers were both from Illinois. This raises the question of where a lawsuit, if necessary, should be filed.

Generally, lawsuits are filed in the state in which the accident occurred. We'll use the above case as an example. The accident happened in Kentucky, so a lawsuit should be filed in Kentucky. Most attorneys are licensed to practice law in one or two states that are in close proximity to each other. So it is unlikely that an attorney from Texas or North Carolina - the home states of the victims in this accident - would be able to file a wrongful death lawsuit in Kentucky. It is also unlikely that the victims' families would know any Kentucky attorneys.

Continue reading "Kentucky Truck Crash Involving Four Vehicles Kills Two Motorcyclists" »

It can be frustrating, being stuck behind someone driving slower than you want to go, especially if they are going below the speed limit or you are running late. If this occurs on a road with four lanes or more, it may seem fairly easy to move to the left lane and pass the person. Passing on a two-lane road is inherently more challenging. But both scenarios can be dangerous, as two Kentucky drivers discovered recently.

On Saturday, May 5, 2012, two teens were driving on U.S. 68, which is a two-lane road, near Campbellsville, Kentucky. The driver decided to pass the car ahead of them and pulled into the left-hand lane. Unfortunately, a car was coming from the other direction and the two collided head-on, resulting in a deadly car accident. Both cars rolled over and the teens tragically lost their lives. The driver of the other vehicle was taken to the hospital with injuries and was released the next day.

In another accident on Sunday of the same weekend, a driver again attempted to pass the car in front of him. This time the accident occurred on KY 213 in Morehead, Kentucky. When the passing car moved back into the lane in front of the other car, it clipped the front bumper. Both drivers appear to have lost control, and this car wreck injured all three people in the cars, including one critically.

These two accidents highlight the importance of using caution when passing other cars. Teendriving.com, a website started by a teen driver who was concerned about the number of accidents involving his classmates, provides the following tips about passing to drivers:

Don't Pass:

• When there is a solid yellow line on your side


• When you're uncertain there is enough time or space


• When you can't see around a curve or over a hill


• When behind multiple cars and passing one car doesn't really make any difference


• On two lane roads, don't pass tractors or trucks or others you can't see around


• In hazardous weather conditions


• When another car is coming toward you in the opposite lane


• When a car is passing you


• When there is construction or road work


• When the car in front of you is going the maximum speed limit


• When on narrow roads, on bridges, or in tunnels


• When you are unfamiliar with the car you are driving and its capabilities


• Don't play leap frog by passing a friend that just passed you

Continue reading "Passing Other Cars in Kentucky can be Dangerous" »