Kentucky Injury Attorney Blog

There are several factors an attorney must consider when deciding to take on a new personal injury case. And potential plaintiffs should understand how these factors influence an attorney's decision to take or reject a case, and how these factors will play into their lawsuit.

The first thing an attorney evaluating a case will typically do is determine the statute of limitations. These statutes are designed to limit the time period in which an injured party can bring a lawsuit against any defendants. In other words, if you don't file your case within the time imposed by the legislature (the statute), you could be barred from filing suit and recovering altogether.

Statutes of limitations depend on 1) the state or states where your claim may arise (every state is different); and 2) the type of claim you bring. For example, Kentucky has a one year statute of limitations for personal injury claims. This means, to be safe, an attorney will generally want to file your case within one year of injury. Although there are rules that may expand or toll the time under the statute, if you are injured by someone else's negligence, it is vitally important to contact an attorney right away.

Second, the attorney will want to know if the potential plaintiff is injured, and if so, to what extent. They will ask if you sought medical attention. Failure to immediately seek medical help after an injury can seriously diminish any value of a case, no matter how clear liability is. This is because "damages" are what are recoverable under a personal injury lawsuit. If you wait or decline to seek medical help, you may not have the requisite proof needed to show you suffered an injury at trial.

Third, the attorney will seek to find if there are any insurance proceeds that may be available to an injured client. If the negligent party has full coverage, the more likely the potential plaintiff will be able to be compensated. Without the necessary insurance coverage, there simply may not be any funds available to compensate an injured plaintiff. That's why if you are injured in a car accident, it is important to get the other person's insurance and contact information. If the negligent party does not have insurance or does not have enough insurance to make the case worth pursuing, there is still a chance they may have assets that the plaintiff may collect to compensate him or her for their injuries.

Additionally, an attorney will evaluate whether there is liability. Liability generally refers to negligence, or conduct by the potential defendant that justifies awarding the injured party compensation. The stronger the liability, the stronger the case, and the more likely the case will be settled prior to filing a lawsuit. Although this factor is not always in the control of the plaintiff, an injured person can take some steps to help an attorney evaluate this issue. For example, a person injured in a car accident that is believed to be the fault of someone else should (if possible), make sure they observe the scene after an accident (and after they ensure everyone is ok). This means calling law enforcement, taking pictures, writing down what happened, and keeping in mind that anything you say, including to law enforcement, may come up later in a potential case. If there are any witnesses to the incident, make sure to get their names and contact information. Lawsuits take time, but if your case goes to trial, you may be deposed or testify at trial, meaning your recollection of the events can make or break your case.

The personal injury attorneys at Jones Ward PLC handle of variety of personal injury lawsuits. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.

According to a periodical released by the National Highway Traffic Safety Association in June, using electronic devices while driving is a "serious safety problem." And the organization has the numbers to back up its claim.

At least 1 in 2 drivers answers calls while driving. 1 in 4 make calls while driving. For younger drivers, 3 in 5 answer the phone and 1 in 3 make calls while driving. Perhaps more disturbing, 2 in 5 young drivers were observed "manipulating" a hand-held device while driving, which has more than doubled since 2010.

On any given day in the U.S., according to the report, about 660,000 drivers use cell phones or manipulate hand held devices while driving. Distracted driving is "any activity that could divert a person's attention away from the primary task of driving. All distractions endanger driver, passenger, and bystander safety." The biggest culprit? Cell phones, of course.

Distracted driving not only reduces reaction time, but it can lead to dangerous consequences. The agency notes that use of an electronic device can distract drivers from appropriately thinking about the task of driving, watching the road and surrounding environment, and keeping their hands on the steering wheel. Texting while driving, perhaps the deadliest activity, involves all three types of distraction--visual, manual and cognitive.

The motor vehicle accident attorneys at Jones Ward are equipped to handle all sorts of vehicle collision lawsuits. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.

Two attorneys at Jones Ward PLC have filed a class action lawsuit against Detroit automaker General Motors Company over a design defect in its 2011 model year and newer Chevrolet Cruze.

The lawsuit, filed in federal court in Louisville today, describes how the Cruze has a serious mechanical defect that causes antifreeze to leak from the radiator. The defect can lead to mechanical troubles and/or can cause a malodorous smell in the passenger compartment. General Motors concealed and has been unwilling or unable to fix this defect plaguing all model year 2011 or newer Chevrolet Cruzes

Attorneys Jasper D. Ward and David G. Bryant, along with their co-counsel, filed the class action on behalf of Louisville resident John Mitchell and thousands of other similarly situated Cruze owners. Here are some of the claims from the complaint:

1. That General Motors violated various consumer protection statutes by withholding knowledge of the Antifreeze Leakage Defect and misrepresenting the safety and reliability of the Chevrolet Cruze with the intent that buyers would rely on such representations in deciding whether to purchase or lease a Chevrolet Cruze.

2. That General Motors violated various express and implied warranties.

3. That General Motors violated the Magnuson-Moss Warranty Act by selling automobiles that are not fit for their ordinary purpose and then failing to repair the defect.

4. That General Motors intentionally concealed the Antifreeze Leakage Defect and denied buyers information that would have been highly relevant to their purchasing decision.

The defect has led to a substantial decrease in resale value and has forced Cruze owners to expend time and money pursuing repairs. The lawsuit seeks monetary damages on behalf of the class of Cruze owners and demands that General Motors issue a recall of all Chevrolet Cruzes subject to this lawsuit to fix the defect.

If you own a 2011 model year or newer Chevrolet Cruze and want to learn more about the class action lawsuit, contact David Bryant or Jasper Ward at 502-882-6000 or send an e-mail to david@jonesward.com.

Lawmakers and transportation officials are making a new push to lower DUI limits as the nation observes the 25th anniversary of the Carrollton bus crash.

Lowering the DUI limit is absolutely the right thing to do. The lawyers at Jones Ward PLC have represented numerous people who are injured or killed at the hands of drunk or drugged drivers. The consequences in these cases can be unimaginably sad. Children without parents. Teenagers killed in the prime of their lives. Families torn apart. Kentucky's current blood-alcohol limit is 0.08. Lowering it to 0.05 would save lives. At that level, a 180-pound male could still consume three drinks in an hour and not be above the limit.

Twenty seven people died in the 1988 crash in Carroll County, Kentucky. The wreck happened when Larry Mahoney, a drunk driver in a pickup truck traveling in the wrong direction on Interstate 71, collided head-on with a school bus. The Courier-Journal newspaper published a series of excellent news articles to coincide with the anniversary of the tragedy. You can read some of them by clicking here.

You can read about state-by-state alcohol laws by clicking here. According to this story by USA Today, the risk of a crash at 0.05% is about half as much as at 0.08%, the limit in all states.

"This is critical because impaired driving remains one of the biggest killers in the United States," Deborah Hersman, chairman of the NTSB, told the newspaper. "To make a bold difference will require bold action. But it can be done."

The United States has one of the highest DUI limits in the developed world, and restaurant and beverage lobbyists firmly oppose any lowering of the current limits. Here are some other ways that lives could be saved by attacking drunken driving:

• Suspending a driver's license immediately when a driver is arrested for being drunk.

• Steering locks on vehicles driven by convicted drunken drivers that would test the driver's breath before returning to the road.

• Making special courts for drunken-driving cases.

• Documenting the last place drunken drivers had a drink before their crash.

If you or a loved one have been injured due to the negligence of a drunk driver, contact Attorney Alex Davis for a free case evaluation, or send an email to alex@jonesward.com.

When you are hurt in a car wreck due to the negligence of another driver, you want to get the best treatment possible for your injuries. But new government data shows that in Kentucky and Indiana, the same procedure may cost wildly different amounts depending on the hospital you visit.

According to this database created by The Courier-Journal newspaper using federal government statistics, hospital systems such as Norton Healthcare and University Hospital in Louisville charge way more than smaller hospitals just a few miles away. And the explanation is not always better quality of care.

Here's a telling paragraph from the C-J's news article:

"The federal list sheds new light on the mystery of just how high a hospital bill might go -- and whether it's cheaper for uninsured patients to get the care somewhere else.

"It doesn't make sense," said Jonathan Blum, director of the government's Center for Medicare. The higher costs don't reflect better care, he said, and can't be explained by regional economic differences alone."

Unfortunately, some personal injury patients are left holding the bag if there is not adequate insurance to cover their medical costs. For example, if you are injured in a car wreck and visit Norton Hospital for treatment of soft-tissue injuries, the database shows that your average medical treatment will be about $14,300. But the same treatment at Hardin Memorial Hospital in Elizabethtown, or at Clark Memorial Hospital in Jeffersonville, Indiana, would cost just $9,000 -- an amount that would be covered entirely by Personal Injury Protection, or PIP, benefits, under Kentucky's no-fault automobile accident laws.

When it comes to medical treatment for your car wreck injuries, this helpful database shows that it pays to shop around between hospitals. If you or a loved one have been injured due to the negligence of another person, call Attorney Alex Davis or send an email to alex@jonesward.com for a free case evaluation.

The National Highway Traffic Safety Association (NHTSA) is looking into whether the limousine that was involved in a deadly fire in California had any safety defects that may have contributed to the incident.

The fire occurred May 4 on the San Mateo Bridge in the San Francisco Bay area, killing five women who were trapped inside the limo when the fire began. The agency is working with local authorities on the investigation.

The U.S. Transportation Department regulates vehicle safety and interstate commercial transportation, while the states regulate intrastate commercial transport.

Limousines can be original equipment or manufactured from incomplete vehicles. The vehicle that caught on fire in California was a 1999 Ford Motor Co. Lincoln Town Car, according to news reports. The California Highway Patrol is also investigating the accident.

The motor vehicle accident attorneys at Jones Ward PLC handle of variety of auto claims. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.

The National Highway Traffic Safety Association recently released its findings regarding bicycle safety on the roads for 2011. In 2011, 677 pedalcyclists were killed and another 48,000 were injured in motor vehicle accidents, accounting for 2% of all motor vehicle fatalities and 2% of all motor vehicle injuries. The fatalities grew 9% from 2010.

Importantly, the numbers compiled by NHTSA show that the most dangerous time for cyclists is between 4 and 8 p.m. Roughly 30% of all fatalities occurred during that time period. Middle-aged men had the highest fatality rate. Additionally, alcohol played a role in roughly 28% of pedalcyclist fatalities in 2011.

The NHTSA stresses that helmet use by cyclists is the single most preventative factor in bicycle motor vehicle accidents and fatalities. The agency also states that bicyclists are required to follow all the same rules of the road that drivers are, and that wearing bright fluorescent colors also increases safety.

The legal team at Jones Ward handles motor vehicle lawsuits involving a variety of injuries. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.

It's been six months since the West Point train derailment of Oct. 29, 2012, but many people affected by the disaster continue to seek assistance from the lawyers at Jones Ward PLC. Some residents of the West Point area are experiencing ongoing mental and physical problems as a result of the derailment, which caused a fiery explosion and spewed dangerous chemicals into the air, including butadiene.

You can learn more about what's happening in the wake of the derailment by listening to this recent interview with Jones Ward attorney Alex Davis on WFPL, Louisville's public radio news station. The attorneys representing plaintiffs in a class action lawsuit also sent the below letter to community members this week to share information about the case:

Many of your lives were deeply impacted when a Paducah & Louisville freight train derailed and caught fire on October 29, 2012. Authorities evacuated much of the community when it was learned toxic materials were spewing into the air. Others were told to stay inside. A significant and we believe entirely preventable explosion followed during clean-up efforts. It took weeks for many lives to return to normal, and others continue to suffer.
You are receiving this because you have joined a lawsuit seeking to hold the responsible parties for this disaster accountable for their negligence.
Your attorneys filed suit over the derailment in Hardin Circuit Court November 20, 2012 against Paducah and Louisville Railway; P & L Transportation; R.J. Corman Group; the Center for Environmental Toxicology and Health LLC; and CSX Transportation Inc. The lawsuit seeks to represent a class of people living within five miles of the derailment site and asks for damages resulting from displacement; inconvenience; additional expenses; loss of business income; decreased property values, some medical and respiratory complaints; and emotional trauma.
More than 180 individuals who lived or worked or were impacted by the derailment have joined the lawsuit.
The defendants have asked that the lawsuit be transferred to U.S. District Court for the Western District of Kentucky. Your attorneys are opposing that move and believe it is an issue best suited for a local state court judge and a jury to hear.
It is important that if you know of others who were impacted by the derailment, but are unsure of whom to contact for legal assistance, or they have questions about whether their claim would qualify, please advise them to immediately contact our offices to discuss their concerns with a case worker or attorney.
We continue to get inquiries from people nearly every day as more residents of the West Point area contact us to add their names to the list of plaintiffs against the railroad and others. We haven't sent out a newsletter because we are awaiting the decision of the US District Court Judge as there is little to report until that decision is made. Should any of you have questions or want to talk about how you have been damaged, please let one of your law firms below know.
If there are significant developments in the case, we will update you promptly.
Contact info for your legal team follows:

www.westpointderailment.com

How to contact your legal team:
JONES WARD PLC
Marion E. Taylor Building
312 South Fourth Street, 6th Floor
Louisville, Kentucky 40202
Phone: (502) 882-6000
Fax: (502) 587-2007

BRYANT LAW CENTER
601 Washington Street
PO Box 1876
Paducah, Ky. 42002
Phone: 270-442-1422
Fax: 270-443-8788

Fayard & Honeycutt, APC
519 Florida Ave.,
Denham Springs, LA 70726
Phone: 225-664-4193
Fax: 225-664-2010

We all know that texting while driving can be risky business. Nearly one in five auto wreck fatalities are linked to distracted driving, and texting is one of the biggest reasons that drivers take their eyes off the road. Just take a look at these statistics from the U.S. Department of Transportation:

• In 2011, 3,331 people were killed in crashes involving a distracted driver, compared to 3,267 in 2010.
  
• An additional 387,000 people were injured in motor vehicle crashes involving a distracted driver, compared to 416,000 injured in 2010.
  
• In the month of June 2011, more than 196 billion text messages were sent or received in the US, up nearly 50% from June 2009.
  
• Drivers who use hand-held devices are 4 times more likely to get into crashes serious enough to injure themselves.
  

The attorneys at Jones Ward PLC represent all types of people who are injured due to the negligence of distracted drivers, We know first-hand the terrible impact that texting can have on drivers and their families. If you or a loved one are injured due to the negligence of a distracted driver, contact Attorney Alex Davis for a free case evaluation, or send him an email at alex@jonesward.com.

A Chicago woman has filed suit against the bus line and other defendants over injuries she sustained at the fatal Megabus crash that occurred near Litchfield, Illinois last August. The crash occurred when the double-decker bus hit a concrete pillar on Interstate 55 while traveling from Chicago to St. Louis.

According to reports, Yanxin Zhou, who goes by Amy, suffered injuries that have left her disabled and disfigured due to the crash. She filed suit in the Cook County Circuit Court in Illinois. Ms. Zhou has also sued Coach USA, which owns and operates Megabus, Bridgestone Tires, and the driver of the bus, Preston Taylor, who reportedly was still in training when the crash occurred.

Ms. Zhou is not the only person to be injured in the deadly crash. A Missouri graduate student, Aditi R. Avhad, 25, died in the crash and dozens were injured. When investigators first reported on the accident, they found that the front tire blew out, causing the bus to lose control and hit the concrete pillar.

Megabus operates in the eastern and central parts of the U.S. It is popular for cheap tickets. However, the company has been sued before over accidents involving its famous double-decker buses. The August 2012 accident launched a widespread safety investigation concerning the bus' tires and the driver's training.

The motor vehicle collision attorneys at Jones Ward PLC handle a variety of accident cases. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.

The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) recently announced that manufacturers filed more than 650 safety recalls, affecting over 17.8 million vehicles, child seats and vehicle equipment, during calendar year 2012. The agency works to make highways safer and prevent motor vehicle crashes.

According to NHTSA, it helped bring about recalls in 2012 for more than 9 million vehicle and 60,000 items of vehicle equipment. The vehicle equipment included tires and child safety seats.

A recall of a potentially dangerous product or component part may be brought voluntarily by the manufacturer, or it may be enforced through regulation. NHSTA tracks several sources to identify potential safety defect trends. Consumer reports and complaints play a large role in this process.

Many recalls are initiated by consumer complaints. In 2012, NHTSA received 41,912 complaints concerning potential safety defects, 49,417 in 2011, and 65,765 in 2010. Because of the high number of recalls that occur each year, NHTSA urges consumers to be informed of important safety information. Recall information can be found on the NHTSA's website.

The attorneys at Jones Ward handle a variety of motor vehicle accident and recall cases. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.

Car wrecks that involve a small vehicle and a tractor trailer almost always result in serious injuries or fatalities, and unfortunately this was the case in a recent collision that involved siblings in Breckinridge County, Kentucky.

News reports show that Irvington resident Justin J. Glisson, age 28, was driving a 1977 Chevrolet Nova west on U.S. 60 near Hardinsburg when the car crossed the center line.

Glisson's vehicle collided with a tanker hauling thousands of gallons of gasoline.

Police said the tanker truck was headed east. Glisson dead at the scene. His sister, 27-year-old Tracy Glisson of Cloverport, died after she was taken to University Hospital in Louisville.

In this case, it's difficult to tell who was at fault for the damage caused. However, it's a good idea to consult with a lawyer in any collision involving a truck because special rules apply to tractor trailers that don't apply to smaller vehicles.

If you or a loved one have been injured due to the negligence of another person, contact Attorney Alex Davis for a free case evaluation or send him an email at alex@jonesward.com.

The Center for Disease Control and Prevention released new numbers last week on the number of children in the United States who have harmful high levels of lead in their bodies. According to the new numbers, 1 in 38 children ages 1 to 5 in this country are in this category. An estimated 535,000 young children have this risk.
High lead levels can lead to a variety of severe problems, including lost intelligence, attention disorders and other life-long health problems. Lead poisoning has been an issue for years, although the new estimates indicates the problem is far from over.

Unfortunately, despite this issue, experts say Congress has eliminated most of the CDC's funding of federal lead-poisoning-prevention programs, which may mean the problem will continue.

Last summer, the CDC revised its standard for lead in a child's blood. Under the new standard, a blood-lead level of 5 should trigger health concerns. That's half what the old blood-lead level standard used to be. The CDC does say that since lead has been removed from gas and paint, there has been progress in reducing the number of children affected. However, children continue to be exposed to lead that may be in house dust and soil.

The personal injury lawyers at Jones Ward PLC are dedicated to providing you up-to-date safety information. For more information, contact attorney A. Layne Stackhouse at layne@jonesward.com.

A father and his two little girls died in a three-vehicle crash on Interstate 24 near the Kentucky-Tennessee line, state police said this week.

Michael Mahan, 38, Savanah Mahan, 16, and Meagan Mahan, 11, all from Georgia, died from their injuries when Ms. Mahan, crossed the median into the eastbound lanes and struck a U-Haul and another vehicle, according to news reports. Mahan was driving a 1996 Toyota Camry heading west.

The U-Haul was driven by Richard Dooley, of Arlington, Virgina, and the other vehicle driven by his wife, Lisa Larimer.

Meagan Mahan was pronounced dead at the scene. Her father and sister were taken to Gateway Medical Center. Michael Mahan died at the hospital.

If you or a loved one have been injured due to the negligence of someone else, contact Attorney Alex Davis or send him an email at alex@jonesward.com.

A total of 117 people have died in automotive accidents on Kentucky roadways so far this year, but that number is a steep drop compared to previous years.

Fatal wrecks have been in decline across Kentucky over the last several years, perhaps due to advances in safety combined with new laws that crack down on texting and other forms of distracted driving.

According to statistics from the Kentucky State Police, the number of fatalities in the first three months of this year is down 21 percent compared to the same period in 2012, when 148 died in motorcycle, truck and auto wrecks. See the chart at right for more details.

There were 145 deaths in the same period in 2011, and 156 in 2010, police data show. Even with the decline this year, you shouldn't take your safety for granted on the highway. Driving an automobile can still have deadly consequences, as the lawyers at Jones Ward PLC know only too well. If you or a loved one have been injured in an automobile crash due to the negligence of another party, contact Attorney Alex Davis or send an email to alex@jonesward.com for a free case evaluation.