Kentucky Injury Attorney Blog

Kentucky trucking company Dunaway Timber Company has been ordered to pay $7 million in damages to the family of a Missouri man who was killed by one of their truck drivers in Yellville Arkansas. On September 3, 2008, Morgan Quisenberry was driving a tractor-trailer when it crossed the center line and hit two passenger vehicles before colliding with the cab of the victim's tractor-trailer. The victim was able to climb out of the cab, but became trapped under the burning vehicle. He died before arriving at the hospital, leaving a wife and two children.

This was not the first truck accident Mr. Quisenberry had caused. Before being hired by Dunaway, he had been in an accident while hauling hazardous materials. He had also lost his license twice for driving under the influence. While Dunaway Timber wasn't aware of these infractions because Mr. Quisenberry lied on his application, the information could have been obtained through a background search that would have taken little time and cost the company about $15.00.

While Mr. Quisenberry was not actually intoxicated at the time of the accident, he was fatigued, which can have the same effect on a person's driving ability as being under the influence of alcohol or drugs. He had been driving three hours longer than allowed. Laws forbid truck drivers to drive more than 11 out of 14 straight hours before taking a 10-hour break. Mr. Quisenberry knew that he had exceeded the number of hours allowed and falsified the information in his log book.

Taking all of this information into consideration, the jury determined that the driver was 25 percent responsible for the accident and the company was 75 percent responsible. How can the company be more responsible than the person actually operating the vehicle? The company hired Quisenberry without doing a background check on his driving record and sent him out only 19 days after he was hired, allegedly without adequate training. The route the company assigned to him could not be completed in less than 13 hours, well over the 11-hour driving limit, forcing him to drive while fatigued. Supervision and oversight by the company were lacking. All of these factors caused the jury to find Dunaway Timber guilty of negligent hiring and negligent supervision. The driver's smaller percentage of fault was most likely attributed to his allowing the trailer of his truck to cross over the center of the road while he was driving around a curve and falsifying the number of hours he had driven in one shift in his log book.

Continue reading "Kentucky Company Found Negligent in Truck Accident" »

On November 3, 2011, two school buses full of students and adults from Louisville Collegiate School in Kentucky were headed to Mammoth Cave on a field trip when one of the buses left the road and rolled over near Glasgow, Kentucky. Of the passengers aboard, 16 children and 3 adults were admitted to a hospital in Glasgow. Their injuries ranged from broken bones and cuts and bruises to a potential back and head injury. Lawrence Austin, the bus driver, stated that the trailer of a truck hit the side of the bus, causing the bus to leave the roadway and roll down the embankment. The driver of the truck did not stop and investigators initially saw no signs of collision on the bus.

Kentucky State Police completed their investigation of the bus accident and released their findings earlier this week. They did discover some white paint on the on the left side of the front fender of the bus, which confirms the bus driver's account of being hit by a white semi. The damage was so minimal the truck driver may not have even been aware that he struck the bus, so he did not stop. The search for the truck driver was called off just hours after the accident because there was no evidence of a collision found initially and the description of the truck was very limited. Kentucky State Police spokesman Jonathan Biven said searching for the truck would have been like "looking for a needle in a stack of needles."

What caused the truck trailer to veer into the other lane and hit the school bus will probably never be determined. Investigators believe the weather may have been involved because it was raining. Other factors such as the condition of the truck, the weight of the load in the trailer, and the truck driver's driving record and attention to the road will never be known since the driver did not stop and the search for the truck was called off before it was found. Charges are not expected to be brought against Mr. Austin, the driver of the bus. He has no known driving issues and the bus was recently inspected over the summer and had no mechanical issues.

Continue reading "Kentucky School Bus Accident Injures Nineteen" »

A recent report from the National Transportation Safety Board (NTSB) regarding the truck accident in which 11 people were killed brings to light again the safety issues of truck drivers and those around them. The recommendations in the NTSB report and other changes will hopefully make the roads safer for all drivers.

After a March 2010 collision in Kentucky killed a truck driver and 10 passengers in a van, NTSB began a thorough investigation of the accident. Almost 18 months later, the board concluded the accident occurred because the truck driver was distracted by his cell phone when he crossed the median and hit the passenger van. The recommendation that all commercial drivers be prohibited from using a cell phone, regardless of whether it is handheld or hands-free, while operating a vehicle, was sent to the Federal Motor Carrier Safety Administration. Current rules already ban texting for commercial drivers, and a ban for handheld cell phone use for commercial drivers is expected to be ruled on this fall. The rule currently under consideration does not include hands-free calls, which may be just as distracting and dangerous as handheld calls.

Several other changes have been implemented or are being considered to help keep drivers in and around trucks safer on the road. In 2010, the Federal Motor Carrier Safety Administration (FMCSA) added new regulations to make the driver of the truck more liable for both the operation and maintenance of the truck. Just as commercial carriers are graded, commercial drivers will be graded on factors including their driving abilities, accident records, and vehicle maintenance. For example, if the truck the driver is operating fails an inspection, or if the driver is involved in an accident or found to be fatigued or under the influence of drugs or alcohol, it will be reflected on the driver's record. Too many negative reports can cause the truck driver's license to be suspended, effectively removing him from the roadways.

Some safety changes do not directly involve Kentucky truck or car drivers, but rather the road itself. Crossover barriers installed between highway lanes can help to stop vehicles from crossing over into oncoming traffic and causing deadly head-on collisions. These barriers do not always help, as was evidenced in the March 2010 accident mentioned above - the semi drove right through the steel cable barriers into oncoming traffic. But they have helped in other situations, and stronger types of barriers are being considered. The widening of Kentucky highways as traffic increases also makes the roadways safer for all drivers.

Continue reading "Trucking and Driving Safely on Kentucky Roads" »

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" »

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

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" »

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.

Insurance Companies Fight Paying Billions in Claims

Auto insurers play hardball in minor-crash claims

View the three part series which aired covered this investigation.


 

Continue reading "Kentucky and Indiana Automobile Accident Victims Find Auto Insurance Companies Fighting Claims" »

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.

Through our Kentucky and Indiana law practice we deal with client questions on a daily basis concerning denial of insurance claims.  Insurance companies are in the business of making money and have been very successful by acting in bad faith.  However despite record profits, insurance companies still employ unethical tactics and tricks in order to continue to increase their profit at the expense of their insureds.  The American Association for Justice has issued their latest research report titled

Tricks of the Trade:  How Insurance Companies Delay, Deny, Confuse and Refuse.  Included are several stories of real people who were victims of illness or accident and then became victims again by their insurance companies.  It is important to be aware of the common tactics and tricks your insurance company may use before dealing with them.  Below are two of the common tactics listed in the report.

Denying Claims

One tactic of large insurance companies is to deny valid claims in an effort to boost profits.  Many of the largest insurance companies have created employee incentive plans to reward employees who deny claims successfully and replace employees who do not.  Just a few examples listed in the report include insurance giant Farmers' incentive program "Quest for Gold" which offered its employees incentives for meeting low payment goals including $25 gift certificates and pizza parties.  Allstate also used incentives such as portable fridges to reward employees for denying valid claims.  Allstate also used what they referred to as a "boxing gloves" approach when dealing with policyholders who would not accept lowball offers on their claims.   

Delaying Claims

Another way for insurance companies to avoid payment is to simply delay the claim for as long as possible.  Insurance companies know that by delaying claims, many claimants will eventually give up or even die, therefore possibly avoiding any payment at all.  For most policyholders asserting a claim, is a very vulnerable time in their life either due to an illness or accident.  Insurance companies realize that claimants do not always have the time or energy to continue resubmitting claims and required documents and to continue calling the insurance company to see if their claim has been approved.  The report lists tactics admitted by long-term care insurer Conseco and its subsidiaries that included:  mailing the wrong forms to claimants and then denying their claims due to having the incorrect paperwork, declaring claims abandoned by policyholders if certain paperwork was not submitted within 21 days, and requiring documents that were not even required under the insurance policies before payment would be issued.   

Prepare yourself for these tricks by following some basic guidelines:

Read your policy -- you need to be aware of who is covered under your policy, what is covered and how to appeal if the insurance company denies your claim.

Know what you are filling out and what you are signing -- be very careful in filling out forms, answer the questions correctly and understand what you are signing and agreeing to.  Do not simply trust the insurance agent to explain the documents to you, read it. 
 
Do not Cash a Premium Refund Check -- insurance companies sometimes send these checks if they decide to rescind your insurance.  This check would cover the premiums you paid, however if you cash this check, it may be interpreted as your acceptance of this decision, leaving you uncovered.
 
Keep records of all conversations and get everything you can in writing -- this will not only help you keep track of what has been said while dealing with an insurance company but will also be beneficial should your claim not get resolved prior to litigation. 

Continue reading "Kentucky and Indiana Insurance "Bad Faith" Tactics to Be Aware of and Avoid " »