car accident

08.24.2021

My Vehicle Was Damaged in a Wreck… What Do I Need to Know?

By Kyle Roby, Partner Kyle Roby English, Lucas, Priest and Owsley, LLP All too often I get calls from people who have been rear-ended by a distracted driver. Most of the time, when no one was injured with only damage to the vehicle, there is not a need for a personal injury attorney like me to get involved, but I am always happy to provide information on how one should proceed after being rear-ended and provide a warning for potential pitfalls that may arise. What often complicates matters is when the person that rear-ended the vehicle does not have insurance, leaving the person who got hit to fix their car out of their own pocket. In these situations, whether you are trying to seek payment for damages from the at-fault driver’s insurance company or your own to get your car fixed, this can be an extremely frustrating experience. Here are five tips that I often share to help ease your frustration: Read More

08.04.2021

Will The Insurance Company Pay for My Injury if the Wreck is My Fault?

What is disputed liability and what impact does it have in the state of Kentucky? By: ELPO Law Attorney J.A. Sowell (jasowell@ELPOLaw.com; 270-781-6500) Disputed liability is a term used by insurance companies when negotiating bodily injury claims made against their insured after there is an injury resulting from… Read More

11.30.2020

What You Need to Know About Safe Driving During Winter Weather

By ELPO Law Attorney Jessica Shoulders According to the Federal Highway Administration and the National Highway Traffic Safety Administration (NHTSA), each year, 24 percent of weather-related crashes occur on snow, slushy, or icy roadways, and 17 percent of all vehicle crashes occur during winter conditions.  With winter approaching, it is important to know what you can do to reduce your chances of being involved in a winter weather related crash and what to do if you find yourself in the unfortunate situation of being involved in one. Snow and ice reduce pavement friction and vehicle maneuverability, causing slower speeds, reduced roadway capacity, and increased crash risk. Heavy snow and sleet can also reduce visibility. Lanes and roads are obstructed by snow accumulation, which reduces capacity and increases travel time delay.  If you encounter any of these road conditions, the following tips from AAA and the NHTSA can help you avoid a crash: Read More

07.21.2020

Five Things You Need to Know After a Car Wreck

By Kyle Roby, Partner Kyle Roby If you follow ELPO Law on social media (facebook.com/ELPOLaw; @ELPOLaw) or subscribe to our ELPO eNewsletter (click here to subscribe), you are familiar with articles with tips on how to protect your family with car insurance or what happens if you are involved… Read More

05.19.2020

Car Insurance: Is My Family Really Protected?

By J.A. Sowell, Attorney J.A. Sowell Reprinted from SOKY Happenings article 4.30.20 Picture this – it is Monday evening. You are driving down Campbell Lane with your two children in the backseat headed to grab a quick dinner after soccer practice. As you approach the intersection with Scottsville Road, you have the green light. Then, out of nowhere, a pick-up truck unexpectedly tries to turn left in front of your vehicle. Despite going the speed limit and paying attention to the road, there is nothing that you can do to avoid the collision. Boom! The pick-up truck rams into your vehicle, causing it to spin out and incur significant damage. You and your kids sustain neck and back injuries from the impact. The other driver is clearly at fault. No big deal, though… his insurance will surely cover the property damage, as well as the medical bills, lost wages, and pain and suffering you endured, right? Well… maybe. According to the Insurance Research Council, there is a 13% chance that the driver who hit you does not have any insurance at all – even though Kentucky law requires every driver to maintain a certain level of insurance coverage. There is also a good chance that while the driver has car insurance, he only carries the minimally required coverage, which may not be enough to fully cover the damages you sustained from the accident he caused. So, what can you do to make sure your family is protected in a situation like this? You can prepare for these unimaginable situations by obtaining uninsured and underinsured motorist coverage on your automobile insurance policy. Read More

01.15.2020

What Happens If You Are in an Accident While Riding in an Uber?

By Kyle Roby, Partner Kyle Roby Most of us use the ride sharing service Uber when we need a ride because our car is in the shop or we are planning an evening out on the town. When you call for an Uber, the last thing on your mind is… Read More

08.14.2019

Dangers of Distracted Driving

3,166 people were killed in motor vehicle accidents involving distracted drivers in 2017. Read More

09.28.2018

6 Things to Bring to Meet with Your Lawyer After an Accident

By J.A. Sowell Attorney, English, Lucas, Priest and Owsley, LLP J.A. Sowell Meeting with an attorney can be an intimidating experience. We understand and we want to help prepare you for your potential meeting with an attorney following an accident, whether it is me or someone else. Keep in mind that lawyers meet with people every day who are suffering from injuries following a car wreck or truck accident, and we are accustomed to helping clients in every way that we can and making any necessary accommodations for our clients. You may feel better about the process if you bring someone with you who is calm and can help you stay calm, too. You are welcome to bring that friend or family member with you if that is helpful to you, so long as you understand that we may be discussing personal business with you. The initial consultation with our attorneys in accident cases is free. Read More

12.07.2017

Tennessee Supreme Court upholds the Collateral Source Rule in personal injury cases

By Kyle Roby English, Lucas, Priest and OwsleyWhen you are injured in an accident, you may sue to recover the costs of reasonable and necessary medical treatment following the incident. How do you determine what those costs are and the reasonableness of them? Is it the medical bill itself? Is it what your health insurance paid? Is the other side entitled to a credit or set-off if the cost of your medical bills are reduced by insurance payments or the hospital charges a different rate for your health insurance? These are some of the questions you may have when trying to determine what is the reasonable cost of medical treatment in a personal injury case. In most states, Courts will follow what is known as the collateral source rule. The collateral source rule is a rule of evidence that prohibits the admission of evidence that the plaintiff or victim has received compensation form other than the damages sought against the defendant. Typical examples of a collateral source are medical bills paid by health insurance or payments made by workers compensation. Recently, the Tennessee Supreme Court was faced with the question of what was the reasonable cost for medical services in personal injury cases. This case, Dedmon vs. Steelman, is an important win for Tennessee patients and personal injury victims. The Tennessee Supreme Court heard the case in April and issued a ruling on November 17, 2017. Read More

10.19.2017

Appeals Court Reverses Dismissal in Tennessee Car Accident Case

Most of the time, the plaintiff in a lawsuit arising from a motor vehicle accident is either a person who has been hurt in a crash or a family who has lost a loved one in a fatal traffic accident. Sometimes, however, the plaintiff is an insurance company that has paid out benefits to an insured - typically for property damage or medical benefits - and is seeking repayment from the person whose negligence caused the crash. Both individuals and insurance companies must follow procedural rules, including filing a claim within the statute of limitations and pursing resolution of the lawsuit in a timely fashion. Read More