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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

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

05.03.2017

Warm weather brings out golf carts – and golf cart accidents

By Bob Young Attorney and Managing Partner English, Lucas, Priest and Owsley, LLP In the past decade, golf carts have become popular for quick, easy and cheap transportation in neighborhoods, especially those near golf courses. Kentucky first allowed golf courses on public roads about 10 years ago. Golf carts are part of a class of vehicles called low speed vehicles. They’re quiet, inexpensive and considered by many to be easy to drive. Best of all, golf carts are usually rechargeable, so no gasoline is required. Unfortunately, though, golf carts have become falsely believed to be safe, and even acceptable for those without a valid driver’s license to operate. Neither of those things are true. By law, golf carts are considered just like any other motor vehicle. You must have a valid driver’s license to operate a golf cart on public roads in Kentucky, and you must adhere to local and state laws that restrict the use of golf carts. Read More

08.02.2016

Kentucky court rules driver had no duty to sound horn to prevent pedestrian accident

Lawsuits arising from negligent operation of a motor vehicle typically involve two drivers, each driving his or her own vehicle. Passengers in one or both vehicles may also be parties to the suit if they were injured in the collision. Sometimes, the case involves a pedestrian accident. Regardless of whether the person seeking to recover compensation following an automobile accident is a motorist, a passenger, or a pedestrian, the plaintiff has the burden of proving that the defendant was negligent. This means that he or she failed to act in a prudent manner, causing harm to the plaintiff. Read More

10.15.2015

$2.5 Million Punitive Damages Award Vacated in Kentucky Product Liability Case

By Jessica Surber, Attorney English, Lucas, Priest and Owsley, LLP When a person is injured because of a defective or unreasonably dangerous product, he or she may be entitled to damages such as payment of medical expenses, reimbursement of lost wages, and compensation for pain and suffering. Although it is the exception rather than the rule, there is also the possibility of punitive damages in some cases. In order to qualify for a punitive damages award, a plaintiff must show particularly egregious conduct on the part of the defendant (typically, the manufacturer, distributor, or retail seller of the product). Read More

07.23.2015

Big rigs are required to keep truck log books, but few do

By Kyle Roby, Attorney English, Lucas, Priest & Owsley, LLP Tractor trailer drivers are required to keep log books. Log books record the time a truck driver has been driving or on-duty. It's one of the first things we examine when we're called on to help someone who has been injured in an accident that involves a truck. Few drivers, however, are as dutiful with keeping those truck log books as they should be. Log books are hand-written, and simple to read, and easy to keep up with if a driver wants to do so. The truck log books require the following of a driver and the company he or she works for: Log books must be kept as the driver goes. Every time a driver begins the day, he or she is required to note the city, state, and time. The driver is to keep track of the amount of time driving - time left, time arrived, and time spent on breaks throughout the day. The name of the company that owns the truck and its headquarter's location are required at the top of each log book page. The driver must sign the log book to indicate that the information in it is accurate and truthful. If the driver is following the law, the truck log books should show that he or she abided by the time limits specified by law. Police officers, state troopers and officials from the Federal Motor Carrier Safety Administration are allowed to examine the log books at any time to check to see if the driver is following the law. Many times, though, drivers do not keep up with log books, or falsify the books to indicate he or she has abided by the law. Read More

10.21.2014

Deadly air bag problem brings huge recall of 4.7 million cars

On Monday, the National Highway Traffic Safety Administration released a report indicating that motorists who drive vehicles with airbags made by Takata could be in grave danger. The airbags are designed to inflate and protect motorists in the event of an injury, but instead, they can explode, causing the death of the driver. In at least four instances, motorists have been killed in accidents in which their airbag exploded, covering them in shrapnel. Others have been severely injured. The problems are so dangerous the NHTSA is asking people not to carry passengers in the front seats of the recalled vehicles - but you may not even want to drive these vehicles after reading about these problems. Most of the vehicles are older models, some going back to 2001. Motorists should check their vehicles as soon as possible. The NHTSA recall affects about 4.7 million vehicles throughout the U.S., though safety experts have put the number at 12 million world wide. The recall includes vehicles made by  Toyota, Honda, Nissan, Mazda, BMW and General Motors. If you are unsure if your car has been affected by the recall, you can enter the Vehicle Identification Number (VIN) on your registration paperwork and enter it at this web site to check: http://www.safercar.gov/. All drivers nationally can use this, including drivers in Kentucky and Tennessee who are concerned with this product recall. You can read the full report and find specifics on the recall here. Read More