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Lexington Personal Injury Law Blog

Steps to take in the wake of a car accident

Recently, this Lexington blog provided an informational post about certain actions individuals should avoid when they are involved in motor vehicle accidents. Many of the suggestions made therein are intended to help individuals protect themselves from potential liability and false claims of responsibility after car accidents have occurred. However, there are a number of steps individuals should take if they are involved in automobile collisions.

First, it is imperative that people who have been involved in crashes seek medical attention for their accident-related injuries. Even if a person does not feel immediate pain after a collision, they can benefit from a medical evaluation to ensure that the have suffered no harm in their ordeal. Going to the doctor after a crash also documents possible injuries suffered by a car accident victim as well as the damages they have incurred.

Wrongful death claims exist separate from criminal charges

Each day that a Lexington resident wakes up and climbs out of bed, there is no way to anticipate the challenges and complications that they may face as their mornings begin. For most people, days unfold in predictable patterns as they engage in the normal activities that require their time, such as taking their kids to school, going to their places of employment to do their work, and returning home to make dinner and spend quality time with their families. For some, though, significant incidents happen and throw their lives into turmoil.

Vehicle accidents, incidents at work and other occurrences can cause individuals to suffer physical injury and harm at the hands of others who engage in negligent and reckless behaviors. When these unfortunate incidents happen, victims can often find themselves unable to work and partake in the events that bring joy to their lives. When these incidents are particularly severe, the victims may lose their lives due to other people's bad actions.

New clinical trial set to determine safety of power morcellators

A woman who has uterine fibroids will usually visit a doctor to discuss what treatment options are available. In some cases, removing the fibroids is necessary. For a period of time, the use of power morcellators looked like a promising option for taking care of this issue. The device enabled the surgeon to preform minimally invasive surgery that had a faster healing time than traditionally surgery.

What some people didn't realize at the time was that there was a sinister possibility hiding beneath the seemingly minor surgery using this medical device. It came to light that women who had fibroids removed using the power morcellator were at an increased risk of developing cancer. Ultimately, the use of this device to remove uterine fibroids was halted by most practitioners. A new trial might be bringing this option back, but some wonder if it will be safe.

What do I do if I am hurt by an unsafe household product?

Thousands of American consumers are harmed by unsafe household products every year and incur significant costs as they must seek treatment for their injuries and take time away from their responsibilities to recuperate and heal. When a Lexington resident suffers harm due to their use of a consumer good, they should first make sure that their medical needs are met. Once they have attended to their incident-related ailments, they may wish to consult with an attorney to learn about their possible claims for the recovery of their damages.

Products liability law embodies the rules that dictate who is responsible when a person is hurt by a product. For example, depending upon the type of defect that resulted in the person's injury, a manufacturer could be to blame or a product designer could hold liability for the injury and resulting losses. Companies that put dangerous goods out into the stream of commerce generally are responsible when individuals properly use their products but still suffer harm due to design, manufacturing and warning defects.

Accident-related head trauma may result in traumatic brain injury

Accidents often happen when Lexington residents least expect them. They happen when negligent drivers create hazardous conditions on local roads and vehicles collide in dangerous crashes. They happen when workers are carefully performing the responsibilities of their jobs and other people's negligence put them in harm's way. Victims of accidents often fail to see the harm that will befall them as it is coming and as such some accident victims are unable to protect themselves from suffering serious injuries.

The injuries that accident victims may sustain will vary from incident to incident but one potentially severe form of harm that some will suffer is traumatic brain injury. Also known as a TBI, a traumatic brain injury occurs when force causes sudden damage to a person's head and brain. For example, a driver may suffer a blow to their head and subsequent TBI if they are rear-ended and hit their head on an interior portion of their vehicle.

4 things NOT to do after a car wreck

Imagine driving home from work along your normal route. The weekend is almost here and you are looking forward to some rest and relaxation. Unfortunately, things did not turn out as expected when another driver ran a stop sign in your Lexington neighborhood and slammed into the passenger side of your car. As you gather your wits and take a few deep breaths, you might be wondering what to do, or more importantly, what not to do after the wreck.

The first moments after a car accident can be crucial, even if the accident is minor. Everything you say or do can have an effect on your case against the other driver. Even your choice of language or wording can make a difference when you are talking to the other driver, the police and the insurance company. For tips on what not to do after a car accident, read below.

Ensure you are treated for brain injuries after accidents

As you live your life, there is always a small inherent danger of becoming injured or being involved in an accident. Indeed, you can be involved in a motor vehicle accident, work accident, construction accident, slip and fall or medical malpractice event. In these situations, as rare or common as they are, oftentimes you are hurt.

In any case, if you are ever involved in an accident, it is important to seek medical treatment regardless of the severity of the accident or your injuries. What may look or feel like only a few bruises may turn into something much more serious over time. Things like a concussion or brain injury could manifest themselves without you realizing it. By then, the treatment that could have prevented more serious symptoms may pass you by.

Weak rear underride guards increase risks in commercial crashes

Most people on the road are aware of the fact that commercial trucks pose a special risk to people in passenger vehicles. Special precautions, like driving regulations for commercial drivers and increased safety equipment, are intended to reduce crashes. Underride guards on the rear (and the sides) of commercial trucks are one such device.

In accidents, when passenger vehicles rear-end commercial trucks, the passenger vehicle risks getting pulled underneath the larger, commercial truck. When that happens, the top of the car can end up sheared off, which creates a substantial risk of decapitation and death. In order to reduce these horrific and often deadly crashes, the Unites States has federal regulations requiring underride guards. These metal devices prevent smaller vehicles from going under commercial trucks.

Experienced attorney can pursue negligent roadway design claims

Last time, we began looking at the Kentucky Transportation Cabinet's ongoing investigation of several recent truck accidents on the Spaghetti Junction interchange in Louisville. The investigation, it is hoped, will look particularly at the issue of whether the design of the interchange is contributing to accidents. This would be somewhat surprising, given that the interchange was reopened earlier this year after an extensive safety rework.

If it is determined that there are safety issues with the design which are contributing to large truck accidents, the transportation authority will then be under the obligation to take reasonable measures to address the risk. Failure to do so could put lives at risk. 

Do you understand what a jackknife accident is?

You share the road with larger commercial vehicles every day. You are likely aware from both driver's training and signage on semitrucks and eighteen wheelers that there are massive blind spots around these commercial trucks. You may also realize that their size can make stopping quickly difficult. Most drivers even understand that larger vehicles with attached trailers make wider turns when compared with typical passenger vehicles.

All of this leads to a serious danger for injury or death. Roughly 21 percent of accidents involving trucks result in serious injury or death for people in the other vehicles involved. Knowing all of that is a great way to reduce your risk of an accident with a commercial truck. However, what do you know about jackknifing? This kind of accident is common enough to have its own nickname and can pose a serious risk to vehicles traveling in close proximity to a commercial truck when it happens.