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12.01.2016

Owned-but-not-scheduled-for-coverage insurance exclusions permissible in Kentucky

How much do you know about your insurance coverage? For instance, if you have two cars insured under separate uninsured/underinsured motorist policies, do you assume that you are covered under both policies for an accident in either vehicle? Or do you know that there may be an insurance exclusion that applies? This issue was the subject of a recent Kentucky Supreme Court case in which the justices strongly disagreed about whether an "average American" could understand certain exclusions in two insurance policies issued to a man who was later hurt by an underinsured driver. Read More

11.15.2016

Court finds that parents of deceased plaintiff could substitute in Tennessee motor vehicle collision case

Some of the first concepts that law students are taught involve identifying the potential parties to a lawsuit and the appropriate court to file their claim. For instance, in order to seek relief in a court of law, a potential plaintiff must have standing. This means that the party has a sufficient connection to the issue to support that person's participation in the legal proceedings at issue. It's a simple enough idea. But what happens when a plaintiff dies before the matter is resolved? Tennessee Rules of Civil Procedure 25.01 states that, unless the claim is extinguished by the plaintiff's death, another interested party (such as the successor or representative of the plaintiff) may file a motion to be substituted as the plaintiff. A Tennessee appellate court recently had an occasion to review a trial court's decision regarding this issue in a motor vehicle collision case. Read More

08.30.2016

Kentucky Court holds that case qualifies for Underinsured Motorist Coverage

It is always a good idea to carry uninsured/underinsured motorist coverage insurance, but settling a UM/UIM claim can be more complicated than it might initially seem. This is true even when the claimant is the insured person, but settlements can be even more difficult when a person other than the insured is seeking to recover UM/UIM benefits. The Kentucky Court of Appeals was recently presented with a rather unusual UIM case filed by the friend of the insured under a policy issued by State Farm. Read More

08.18.2016

Kentucky Court finds no duty of care was owed to family involved in fatal drunk driving accident

The obvious defendant in a motor vehicle accident case is the person whose negligent driving caused the wreck. However, for a variety of reasons, it is possible that other defendants may be named in some lawsuits. In a fatal drunk driving accident, the plaintiff may want to sue those besides the driver who the plaintiff believes is partially responsible for the state of intoxication the driver was in. It is usually to the plaintiff's advantage to name as many potential defendants as possible in order to increase the chances of a settlement or judgment, especially if some defendants may be be uninsured, underinsured, or immune from suit. Read More

03.01.2016

Adding defendants to tractor-trailer accident lawsuit barred by Tennessee statute of limitations

In lawsuits involving motor vehicle accidents, it is not unusual for there to be multiple defendants. Sometimes, this is because two or more drivers' negligence may have contributed to the accident. It can also happen when a driver was on the job at the time of the accident. In this tractor-trailer accident case, just getting to the heart of who was responsible was difficult. Under the doctrine of respondeat superior, an employer can be held liable for the tortious acts of a servant, agent or employee. This includes negligent driving. Discovering all of the possible defendants in a case can be a complex endeavor that may take some time. This is one of the reasons that it is best to contact an attorney as soon as possible after an accident. Read More

02.18.2016

Guilty Plea in Criminal Court applies to Kentucky fatal car accident case

By Kyle Roby, attorney English, Lucas, Priest and Owsley, LLP Even car accident cases that seem simple in the beginning can grow complicated very quickly. In a recent Kentucky fatal car accident case, who was driving the car at the time of the accident was the legal question. The alleged operator of a car involved in a fatal collision accused his passenger of being behind the wheel, even after the operator had pled guilty to manslaughter in criminal court. It was up to the trial court - and the court of appeals, on review - to decide whether the issue was to be resolved by judicial admission or by the jury at trial. Read More

07.09.2015

Tennessee injury accident brings lawsuit against driver, owner of vehicle

If you drive or ride in an automobile, there's a pretty good chance that you will be involved in an accident at some point in your life. If and when this happens, it pays to seek legal counsel early in the process, even if the negligent driver's insurance company seems cooperative. This is because the legal process can be complex. This Tennessee injury accident case shows why it is important to have a qualified attorney involved in your lawsuit as soon as possible. Unexpected issues such as the timeliness of service of process or the determination of whether a negligent driver is covered under a vehicle owner's insurance policy can pop up even in a seemingly simple car accident case in which fault is clear. Read More

03.18.2015

Warren County car accident case verdict affirmed by Kentucky Court of Appeals

In an unpublished opinion, a couple was apparently injured in a Warren County car accident case that involved three vehicles. According to the couple, they were hurt when their truck was struck from behind by a minivan that was rear-ended by another car while stopped at a traffic light. As a result of their harm, the couple filed a personal injury lawsuit against the driver of the minivan and the car operator in Warren County Circuit Court. Prior to trial, the couple resolved their claims against the driver of the car through mediation. Because of this, the motorist did not participate in a subsequent jury trial between the couple and the minivan driver. Still, jurors were provided with apportionment instructions related to both the minivan operator and the car driver at the close of trial. Following trial, the jury issued a verdict stating the driver of the car breached his duty to maintain reasonable control of his vehicle. In addition, the jury absolved the minivan operator of liability. The Warren County Circuit Court then issued a final judgment dismissing the couple’s complaint against the minivan driver. Read More

09.29.2014

Does an Insurance Policy Cover You in a Kentucky Truck Accident?

Finding out what insurance coverage is available for you after a motor vehicle accident can be challenging and complex. In a recent unpublished case, a Kentucky court had ruled an insurance company had no duty to defend or indemnify a man under a liability policy issued to a construction company. The construction company did highway mowing and landscaping, and its entire fleet of trucks was insured under a Tower liability policy. This policy excluded coverage for injuries that could be subject to worker's compensation or a similar law. An accident happened when an employee of the construction company fell from one of its pick-up trucks and died from his injuries. The truck was being operated by Brent Horn. Horn was not an employee of the company, but he had permission to operate the vehicle. Afterward, the decedent's estate filed a wrongful death action against Horn, who believed the liability policy for the trucks covered this type of action. He asked the insurance company to defend and indemnify him, which means paying any damages awarded by the jury. The insurer filed a complaint asking the court to decide whether it had to defend and indemnify Horn. The Court ruled that the insurance contract created coverage for Horn, however, because Horn was not an employee there was no coverage. Read More

09.19.2014

ELPO wins settlement for plaintiff in truck case

Our firm often represents plaintiffs injured in car, truck or tractor-trailer accidents. The injuries from these accidents can be catastrophic or event fatal. The damage to vehicles is often very costly. Almost everyone has to deal with the results of a traffic wreck at some point. How you handle it can determine much about your financial future. If you accept the first settlement offered by an insurance company, you're giving up your rights to examine the case, and your rights to fight for payment for the health care you'll receive and compensation for lost wages and other issues that may result from the accident. In fact, taking some time to let an attorney examine your case gives you time, too, to see how extensive recovery will be from your accident and helps you better negotiate for compensation for the physical problems you may experience down the road that aren't evident initially. Read More