Frankfort Kentucky Personal Injury Blog

3 tips to stay safe in busy holiday traffic

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. on Monday, December 9, 2019.

On I-64 and I-75, consistent backups, heavy traffic, construction and collisions are a constant reality. If you've tried to travel up between Lexington and Frankfort or Frankfort and Louisville, you know how congested the roads can get. If you travel up I-75 to Cincinnati, it's even worse.

As the holidays approach, you'll notice an uptick in traffic. Traffic almost always gets heavier at the holidays, since people are out shopping, kids are out of school, people travel to see family and so many events take place all around the state.

Vicarious liability claim may be justified after truck accident

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Truck Accidents on Thursday, December 5, 2019.

It only takes the blink of an eye for things to go wrong on the road. A distracted, drunk, or drowsy driver can quickly veer into oncoming traffic, fail to stop for slowed traffic or pedestrians, and neglect to yield to other vehicles when turning left. While any type of car accident can leave a trail of devastation in its wake, those involving semi-trucks can be especially catastrophic, oftentimes leaving victims with serious injuries that can be life altering.

Sadly, these truck accident victims usually have a long, hard road to recovery ahead of them. They often experience tremendous physical and emotional pain and suffering, and the financial damages that arise from unexpected medical expenses and lost wages can threat ruin. Fortunately, truck accident victims may be able to recover compensation for their damages if they can prove that a trucker's negligence caused their injuries and losses, but recovering the full extent of one's damages from a trucker can be tricky. This is why it is wise to also consider whether a vicarious liability claim is warranted.

Motorcycle accidents and road rash

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Motorcycle Accidents on Wednesday, November 27, 2019.

Motorcyclists are among the most vulnerable travelers on the roadway. A motorist's failure to yield to a motorcycle or neglecting to double-check a blind spot for motorcycles can result in a motorcycle accident that causes serious injuries. While some injuries suffered in these wrecks are minor, others are quite severe. Potential severe injuries include brain and spinal cord injuries, which can leave victims with permanent disability. There are some injuries, however, that some consider moderate in nature. Yet, even though these injuries don't immediately raise concern for serious harm, they can become severe if complications arise or they are extensive enough.

This is the case with "road rash." Road rash occurs when skin comes into contact with a paved surface. This creates abrasions where the skin is rubbed away. In the context of a motorcycle accident, road rash typically occurs when a motorcyclist is thrown from the motorcycle and momentum sends them skidding along a paved surface. Fortunately, most road rash is relatively minor and can be treated at home with minimal medical intervention. In these instances, the damage is nominal and has no long-lasting effects. However, more serious motorcycle accidents can result in road rash that is severe.

How can bad weather lead to a premises liability claim?

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Premises Liability on Wednesday, November 13, 2019.

It is November and Kentucky residents must be prepared for changes in the weather that can make traveling and getting around more difficult. Snow, ice and other forms of slippery precipitation can cause challenges for pedestrians and drivers alike. Individuals should use care when crossing affected surfaces to prevent accidents and personal injuries.

However, despite their best care and consideration for the conditions, some individuals will suffer painful and serious injuries when they slip and fall on weather-affected surfaces. While crossing parking lots, stepping onto stairs and walking down sidewalks are usually safe activities for individuals, when those surfaces are slippery victims may fall and endure serious physical pain.

Car accident injuries to the head and back can be serious

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Car Accidents on Friday, November 8, 2019.

The trauma of a car accident can inflict severe pain and suffering on the health of a victim in Kentucky. While some accident victims are able to walk away from crashes without experiencing significant physical harm, others are taken from the scenes of crashes with life-threatening injuries. Oftentimes, when victims suffer serious injuries in motor vehicle accidents, those injuries affect their heads and their backs.

Any injury to the head can have serious repercussions on the future of an accident victim. Traumatic brain injuries can cause long-term problems for individuals and are often suffered in car accidents by victims when those victims hit their heads on internal surfaces of their vehicles. While some traumatic brain injuries will heal over time and with medical intervention, others may inflict permanent harm on those who suffer them.

Commercial vehicle drivers have to be cautious on the roads

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. on Thursday, November 7, 2019.

When a commercial vehicle is on the road, it's supposed to be driven by someone who has the knowledge to do so safely. The driver normally has to have a commercial driver's license (CDL) and to be educated in how to drive the particular vehicle that is in use.

Many commercial vehicles are large and heavy, making them dangerous to others on the roads. Good training helps the commercial truck driver know what to do if they begin to lose control. Training also helps drivers know what kinds of steps to take to prevent accidents with others.

What is a "wrongful death"?

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Wrongful Death on Thursday, October 31, 2019.

The death of a loved one can be an overwhelming event for the members of a family in Kentucky. While in some situations the relatives and friends of a dying individual may have time to say their goodbyes and make their peace with their loss, in other instances life may be stolen from otherwise healthy individuals because of accidents and intentionally harmful conduct. "Wrongful deaths" are losses that stem from incidents that fall into the latter category.

Wrongful deaths result from acts of negligence, recklessness and criminal behavior. When a person dies in a car accident, for example, that death may be considered wrongful if it is attributable to the conduct of another person or persons. Wrongful death actions may be based on these types of loss, and while they do not directly benefit the deceased individuals, they may compensate others who are affected by the victims' deaths.

Dog bites can spread infection and disease

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Animal Bites on Thursday, October 24, 2019.

Dogs can make great pets when they are well-trained and cared for by loving owners. However, even the friendliest dogs can bite when they are startled, scared or otherwise put in stressful situations. Kentucky residents can take some important steps to reduce their risks of suffering dog bites.

They may, for example, always ask before they pet unfamiliar animals. They should remain still if they are approached or pursued by unknown dogs, and they may take defensive postures if those animals attack. When a dog bite happens victims should be aware of their injuries and take proactive steps to prevent infections.

Victims have rights after car accidents in Kentucky

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Car Accidents on Thursday, October 17, 2019.

Victims of car accidents can suffer a multitude of injuries that can leave them sore, unable to work or even fighting for their lives. When car accidents happen, victims should know that they may have legal options.

One option that a victim may have after a motor vehicle accident is to sue the driver who caused them to suffer harm. Lawsuits of this nature are often based on the negligence or intentional acts of the drivers and establish a causal connection between those drivers' actions and the harm suffered by victims. When a victim sues and wins, they may be entitled to recover the damages that they requested when they initiated their litigation.

Foreseeability as an element of a premises liability lawsuit

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Premises Liability on Thursday, October 10, 2019.

Lawsuits based on the injuries that Kentucky residents suffer on other people's property fall under the legal concept of "premises liability." If property owners fail to keep their land or any improvements on it in reasonably safe conditions, then they may be held liable for the harm that others suffer when they enter onto that land or those structures. However, there are a number of elements that courts will consider when deciding if a property owner should be found responsible for the losses of another.

One element that can play a role in a victim's success at trial on a premises liability claim is "foreseeability." Foreseeability relates to how easy it would be for a property owner to predict that someone may be harmed in a particular way on their land. Generally, property owners are responsible for making hazards that foreseeably could present threats to others safe.

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