Frankfort Kentucky Personal Injury Blog

Understanding your car insurance coverage

The idea behind car insurance seems simple enough. You pay your premiums and if you're in an accident, your car insurance covers all or part of the bills.

That seems fine until you're in a car accident and you're wondering what your insurance covers and how much you're going to have to pay. Between your injuries, the injuries of the other driver and the damage to both vehicles, it's an emotional time to try to figure out how much everyone is going to have to pay to get things back to normal. 

Curbing teen texting and driving

Teen drivers have a reputation of not being the best drivers on the road. Teens do not always have the maturity level to drive safely, which is why they pay a much higher insurance premium. With most teens now having smart phones, distracted driving is a major concern for car accidents.

The idea of teen drivers on the roads in Kentucky may make some drivers nervous. The number one cause of death for teenagers is car accidents. Teen drivers who are still engaging in risky behavior while driving, including texting, may agree to cease this behavior if they are offered financial incentives.

Who may be compensated in a Kentucky wrongful death case?

It is understandable when a loved one dies due to old age or a fatal illness, that while sad, such a death is a natural part of life. However, when a loved one dies due to the actions of another person, acceptance can be extremely difficult. Whether it is in a car accident, an act of medical malpractice or a fatal workplace accident, the sudden loss of a loved one can be emotionally devastating and can leave the victim's survivors in a precarious financial position. Therefore, people in Kentucky facing such a situation may wish to seek compensation through a wrongful death suit.

In Kentucky, wrongful death lawsuits are brought by a personal representative of the estate, instead of the survivors themselves. This is because while the deceased cannot file a lawsuit, their estate survives them. If a person prevails in a wrongful death action, either through an agreed-upon settlement or a favorable judgment, Kentucky law dictates who will be compensated.

Statistics show just how dangerous motorcycle accidents can be

As spring goes on, motorists in Kentucky may have noticed an increasing number of motorcyclists on the road. Motorcycling is a popular activity, but it is not always a safe one. Motorists who are distracted or in a rush may not take the time to make sure there are no motorcyclists in their vicinity before making a turn at an intersection or changing lanes on the highway. This could result in a motorcycle accident in which, due to the lack of structural protection a motorcycle provides, the motorcyclist usually turns out worse for wear.

In fact, according to statistics from the U.S. Department of Transportation, in 2016 there were almost 5,000 motorcyclist fatalities and over 23,000 motorcycle passenger fatalities. This accounts for 13 percent of all motor vehicle fatalities that year. Moreover, according to the National Highway Traffic Safety Administration, fatal motorcycle collisions were 28 times more likely to occur than fatal collisions involving standard passenger vehicles.

What is needed in order to claim negligence in a car crash?

Many Kentucky residents will be unexpectedly injured during their lifetime. When these injuries are the result of someone else's negligence, as might be the case in a car accident, the injured party may want to file a negligence claim But there are certain elements that need to be present in order for the negligence claim to be brought up.

In order for a person to file a negligence case there are certain elements that need to be present. The first is that the defendant owed a duty to the plaintiff, in which the defendant needed to act in a certain manner towards the plaintiff. The second element is that a defendant breached the duty owed to the plaintiff. A defendant would need to have not exercised reasonable care in their duty to the plaintiff. The third element is the plaintiff needs to prove that the defendant's actions were the cause of the plaintiff's injuries. Next the plaintiff needs to prove proximate clause. This is where the defendant causes harm to the plaintiff that could have been foreseen. If the injuries are more remote then they cannot be held responsible. Finally, the plaintiff needs to show that the accident resulted in damages.

Where to look for answers after a serious accident

People all across Kentucky commute for work. If you are one of these commuters, then you likely spend hours in your car every week. During these trips, you probably see countless drivers engaging in unsafe behaviors, from texting while driving to speeding.

Unfortunately, in the event of an accident with one of these unsafe drivers, most people never see it coming. This can make it a challenge to establish what went wrong and who is to blame. That said, it is certainly not impossible.

The impact of catastrophic car accident injuries on victims

When a person in Frankfort is involved in a car accident, it can be both a physically and emotionally traumatizing event. Victims of car accidents can suffer lifelong catastrophic injuries that negatively affect their lives for years to come.

There are many catastrophic injuries a car accident victim can suffer. These include brain injuries; severe burn injuries and scars; back injuries including paralysis or amputation; loss of vision; and chronic pain or other chronic health conditions. These injuries often require months or even years of expensive medical care, rehabilitation expenses and home care expenses that a victim may have to endure. A victim may have to worry about how they will be able to pay for these expenses that can run into the tens of thousands of dollars. Sadly, some victims may never be able to fully recover from their injuries.

Emotional distress and animal bites

For many people, animals like dogs make them nervous. Many Kentucky residents have had scary encounters with dogs and other animals where they were growled at, jumped on or even bitten. Sometimes these events bring both physical injury and emotional trauma.

There are many different ways a person can suffer emotional trauma because of a dog bite. First, they can experience anxiety. They can relive the dog biting incident in their head and that can cause extreme anxiety. Anxiety is hard to treat and a person may never be able to fully recover.

Truck driver fatigue can be dangerous

Kentucky drivers encounter many tractor-trailers on the road. With major freeways crisscrossing the state, Kentucky is a mecca for transportation. Most of the time drivers are able to safely share the road with semi-trucks, but occasionally there are accidents. And, when it comes to accidents involving tractor-trailers, the aftermath of the crash can be catastrophic.

One major cause of commercial truck accidents is truck driver fatigue. Truck driver fatigue can occur when a driver has spent too much time on the road driving or they haven't had adequate rest between shifts. Driver fatigue can lead to unnecessary risks that may result in an accident. Truck drivers may feel pressured to meet deadlines and can therefore suffer from exhaustion and reckless speeding.

Amusement park rides may be dangerous

Many Kentucky residents enjoy going to amusement parks. There are some great amusement parks within driving distance that we all enjoy including Kentucky Kingdom, Holiday World and King's Island. There are also many other fun amusement parks in the United States like Disney World. Even though these amusement parks have safety measures in place to ensure their guests remain safe, accident can still occur.

An amusement park in Kansas that advertised they had the world's highest waterslide is under fire for safety concerns. The waterpark was recently indicted on involuntary manslaughter and other charges as the result of a decapitation of one of their guests in 2016. The 10-year-old boy was on the waterslide when the raft he was riding in went airborne, hitting a pole and netting. As a result of the investigation into this tragic accident, investigators found at least 13 others suffered injuries, including two concussions and one girl who went temporarily blind. The indictment against the waterpark and operations director at the park claims that the park rushed the project to completion and skipped steps in the design process that would have made the ride safer.

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