Frankfort Kentucky Personal Injury Blog

State supreme court expands police liability

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Wrongful Death on Thursday, June 20, 2019.

Since 1952, police in Kentucky have been immune from lawsuits in the event that a car chase caused death or injury to third parties. Earlier this month, the state Supreme Court issued a ruling eliminating this blanket immunity and overturning its 67-year-old decision. The decision allowed a wrongful death lawsuit against two sheriffs for the death of a motorist.

A 62-year-old motorist was killed in 2014 when a suspected drug dealer, being chased by Scott County sheriffs, crashed into his vehicle. His 38-year-old passenger also died months later from injuries she suffered in the fatal car crash. The lawsuit against a sheriff and a deputy was filed by the motorist's children.

Kentucky Medical Malpractice Facts

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Wrongful Death on Thursday, June 13, 2019.

Kentucky, like other states, has legal requirements for filing a medical malpractice lawsuit. Meeting these procedures is essential for a wrongful death or personal injury lawsuit when doctors or health care facilities provided substandard care. Otherwise, there may not be financial reckoning for medical harm.

Plaintiffs must comply with the time deadline, the Kentucky statute of limitations, for filing a lawsuit. It is one year from discovery of medical harm or five years from the date of injury.

Stopping to help? Avoid a pedestrian crash

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. on Wednesday, June 12, 2019.

If you're driving and notice that someone has broken down on the side of the road, will you pull over to stop? Many people will, which is wonderful for those who need help. The problem is that being outside your vehicle on any roadway is dangerous.

Pedestrian accidents can be fatal, especially at higher speeds. If you stop to help someone on the side of the highway in Frankfort, for example, and are hit by a passing car, the likelihood is that you'll suffer severe injuries or die from the impact. If you plan to help as a good Samaritan, then you need to stay safe when you do so.

Motorists drive over three miles daily while distracted

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Car Accidents on Thursday, June 6, 2019.

Distracted driving was involved in over 3,000 traffic fatalities in 2017. A recent study revealed that the average American motorist drives 3.3 miles while distracted each day. This behavior only multiplies the risk of car accidents.

The study was conducted by TrueMotion, a smartphone-only driving data platform. On average, it found that each motorist was in their car 72 minutes and traveled 40 miles daily. They usually made 4½ trips each day and drove 31 mph. In these 72 minutes, drivers spent 6½ minutes using their phone, 1½ minutes making calls on handheld phones and 2.6 minutes engaged in hand-free calls. This totals driving 3.3 miles while distracted.

Study reveals dogs with the most severe bites

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Animal Bites on Friday, May 31, 2019.

The Centers for Disease Control and Prevention found that 4.7 million people in this country are bitten by dogs each year and 20 percent of the victims needed medical care. A new study reveals the dog breeds that cause the most severe animal bites.

Pit bulls and mixed breed dogs have the highest risk of biting and cause the most damage per bites, according to research conducted by the Ohio State University. Research focused on 15 years of dog-related facial trauma cases from Nationwide Children's Hospital and the University of Virginia Health System. Dog bite research going back to 1970 was also studied.

Drunk driving has another competitor

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Car Accidents on Friday, May 24, 2019.

Over 10,000 people die in drunk driving accidents each year. But, the era of smart phones has allowed distracted driving to join the notorious causes of fatal car accidents.

Nine deaths are attributed to distracted driving in this country each day, according to the Washington Post. The most recent data from the National Highway Traffic Safety Administration indicated that distracted driving was responsible for 3,166 deaths in 2017.

Treatment for dog bites

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Animal Bites on Thursday, May 16, 2019.

Like other accidents, it is important to seek immediate medical care after suffering a dog bite injury. Legal action for animal bites may be considered after effective care is provided.

It is important to see a physician if the bite is deep, if the bleeding will not stop or if there are signs of infection, such as redness, swelling, warmth or puss. Antibiotics may be needed to deal with infections. Treatment for dog bites may begin at home. This includes placing a clean towel over the injury to stop the bleeding, keeping the injured area elevated, carefully washing the bite with soap and water and applying a sterile bandage to the wound. Antibiotic treatment needs to be applied daily to prevent infection.

Follow these 3 tips for an easier time in construction zones

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. on Monday, May 13, 2019.

It's warm out in Kentucky, and that means that construction crews are back on the roads. Whether it's a neighborhood roadway, I-64 or I-75, downtown Lexington, Frankfort or other areas, you're bound to run into construction work at one time or another. It's common this time of year, and it can make traveling even a short distance a huge hassle.

The problem with construction is that it can make an already congested area into an area where you can't pass easily. It can cause detours into unfamiliar neighborhoods and onto roads that never should have had so much traffic. Still, there are things you can do to prepare for this season of construction. Here are some tips to help you keep your vehicle in good shape and to protect you when you're traveling in construction zones.

Building owners may be in legal crosshairs for shootings

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Premises Liability on Thursday, May 9, 2019.

Dealing with tragic mass shootings has been difficult. These shootings have also placed owners and managers of commercial buildings into legal jeopardy as they are being sued for premises liability for active-shooter incidents that occurred on their properties.

The Institute for Real Estate Management found that 45 percent of the 280 active shooter incidents in this country took place on commercial properties between 2000 and 2017. Lawsuits concerning these shootings have been filed. Juries may find that landlords and owners may be partially liable if they do not have a plan or did not offer training on active shooter events, according to new research.

Rear-passengers face greater injury risk

On behalf of Michael Hawkins of Michael L. Hawkins & Associates, P.L.L.C. posted in Car Accidents on Thursday, May 2, 2019.

Drivers and other front-seat vehicle passengers have received the benefit of airbags and seatbelts, which together operate to keep a person in the proper position in a car crash. However, according to an Insurance Institute for Highway Safety study, rear passengers have not received these protections in car accidents.

Embedded devices known as crash tensioners allow seat belts to tighten around front seat occupants when a frontal collision occurs. Frontal and, if needed, side airbags then deploy within a fraction of a second. These airbags keep front occupants away from the steering wheel, instrument panel and other parts of the vehicle when it stops suddenly, and the force of the collision pushes the vehicle forward. Seat belts are also equipped with force limiters to reduce the risk of chest injuries. These prevent the belt from getting too high by allow some webbing to spool out.

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