Louisville Automobile Accident Blog

Settling a personal injury case versus taking it to trial

When a Kentucky plaintiff has a viable personal injury claim -- perhaps after they suffered serious injuries in a car accident -- it's always the hope that the defendant will be reasonable, recognize the error of their ways and agree to settle the matter fairly. That means providing sufficient financial compensation for the victim to pay for medical bills, lost wages and other expenses that resulted from the injury.

Settlement is an excellent option for both defendants and plaintiffs in a personal injury matter -- if they can arrive at a suitable settlement deal. That's because it reduces the risks of having to go to trial. Ultimately, no one can predict with perfect accuracy how a judge or jury will decide a particular lawsuit in a trial. For this reason, personal injury plaintiffs may want to consider the advantages of controlling the end result of their cases by agreeing to a settlement deal.

Kentucky malpractice review panels ended by Court's ruling

The Kentucky Supreme Court has overturned a 2017 law that had virtually brought medical malpractice cases to a standstill within the state. The court's action once again freed people to file lawsuits when they suffered grave injuries at the hands of their doctors, nurses and other medical providers.

As noted in Chief Justice John Minton's opinion, the state's constitution reads, in part, "All courts shall be open, and every person for an injury done to him in his lands, goods, person or reputation shall have remedy by due course of law and right and justice administered without sale, denial or delay." This statement, according to Chief Justice Minton, is key to why the review panels are unconstitutional.

Will a drunk driving conviction support my car accident case?

When someone causes you to suffer serious injuries in a car accident -- because he or she was negligent, unlawful or reckless -- that person is financially liable for your injuries. If the individual happened to be operating his or her vehicle while intoxicated at the time of the crash, this evidence can strengthen your case and help you pursue financial damages relating to the cost of your medical care, lost income, legal fees and more.

As to the question of whether a criminal drunk driving conviction will help to support your claim for damages, the answer is decidedly "Yes." The criminal court process will be separate and apart from your personal injury case, as criminal cases are handled via the criminal justice system and personal injury cases proceed through the civil court system. Often, drunk driving cases will proceed to a close before any related civil claims are finished. A conviction in criminal court pretty much cinches the question of who was liable for the accident that caused your injuries.

Why you should fear crush injuries in a car accident

The very term--crush injuries--sounds like a nightmare scenario in a car accident because it implies that some part of the body has been crushed. In truth, it is a nightmare scenario and without prompt treatment both at the site of the crash and continuing in the hospital, the car accident victim could very well die.

As injury lawyers, we have seen too many injurious car accidents turn fatal because of crush injuries. Here is a brief overview of crush injuries.

How can truck drivers improve road safety for all motorists?

You may already know this, but it does not hurt to repeat it: All drivers who travel on Kentucky roads have a responsibility to promote safety. This includes private motorists as well as those who operate large rigs and other commercial vehicles. In a perfect world, we would all do our part to reduce car and truck accidents simply by following the rules of the road. This means:

  • No driving while intoxicated
  • No speeding
  • No driving an unfit motor vehicle
  • Obeying all traffic laws and speed limits
  • Setting distractions aside
  • Paying careful attention to what is happening around you

It is not a perfect world, which means truck accidents can and do happen, injuring thousands of American citizens each year. You have probably learned a lot about how to safely operate your vehicle around large trucks, but what obligations do truckers have when they take to the roads. The list below offers several safe driving tips truck drivers would be wise to adopt.

  • Properly maintaining their vehicles
  • Staying alert and watchful of potential dangers
  • Keeping a sharp eye on the vehicles' blind spots
  • Making certain the trucks' cargo is evenly and properly distributed
  • Being watchful of changing weather conditions
  • Putting cellphones and other distractions away
  • Taking care of the mind and the body to make sure they are fit to drive

What kind of gear can protect you in a motorcycle accident?

To many residents, traveling Kentucky roadways on a motorcycle is one of life's great pleasures. Seasoned bikers know about the dangers that motorists can pose. Therefore, they take care to ride defensively, safely and in compliance with all traffic laws. Unfortunately, a negligent driver can still cause motorcycle accidents that lead to serious injuries and massive out-of-pocket expenses.

However, most biking enthusiasts agree that avoiding injury is always the best choice. Following is an overview of motorcycle gear that can reduce injury risks if an accident occurs. While this gear may not prevent all injuries, it can go a long way in helping riders avoid some of the most serious motorcycle accident injuries.

Is drunk driving the top cause of vehicle accidents?

For many years, people have tried to understand how and why motor vehicle accidents keep occurring. In this age of awareness and enlightenment, it seems inconceivable to many Kentucky residents that vehicle crashes are still a large problem. As you may already know, accidents happen for a number of reasons, but which cause occupies the top position?

Contrary to popular belief, drunk driving accidents are not quite as common as they were in past decades. Perhaps the harsher penalties associated with driving while intoxicated have finally begun to deter would-be offenders. Of course, drunk driving accidents do still occur, but there are two accident causes that edge out impaired driving as the top cause of vehicle crashes.

Trick-or-treating neighborhoods draw lots of foot traffic

Today's kids don't have trick or treat time to waste sussing out the best neighborhoods to bring in big hauls of the really good candy. That's why The Courier-Journal published its own thoroughly unscientific poll of the best trick-or-treating neighborhoods in Louisville.

Hillcrest Avenue

Crash tests, small cars and the increased risk

People often assume that all cars that do well on a crash test will do equally well if they get into an accident. A pickup can be just as safe as a compact car, using this logic.

Unfortunately, that is not always true. When researchers study this, they often find that small vehicles suffer more damage and put passengers in more danger when they crash into bigger vehicles. It's simple physics. The smaller car has less mass and sits lower to the ground, so it takes more of the damage when the two crash.

Kentucky residents should learn about underride truck accidents

You probably already know that truck accidents can result in catastrophic injuries or death, but not all truck accidents are the same. One of the most dangerous types of collisions between a tractor-trailer and a passenger vehicle is the underride crash. These crashes occur when a smaller vehicle slides underneath a truck during an accident.

Currently, all trailers in the nation must be equipped with rear underride guards. However, no legislation exists requiring companies to install side guards on trailers and front guards on trucks. In 2017, several government leaders sponsored the Stop Underrides Act, which would make it mandatory for trailers to have side guards and for trucks to have front guards. Unfortunately, this bill has not progressed any farther than the introductory stage at this time.

T.J. Smith, Attorney at Law
600 W Main Street Suite 100
Louisville, KY 40202

Phone: 502-792-7937
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