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Lexington Personal Injury Law Blog

What not to do after a motor vehicle accident

After a vehicle collision there are some important steps that Kentucky residents should take to ensure that their health and safety is protected as well as to protect themselves from legal liability. However, there are also several things that they should not do in the wake of a vehicle accident. This post does not provide any legal guidance or advice to its readers but does highlight some practices that may not serve individuals' interests after they have been involved in motor vehicle crashes.

First, car accident victims should not disregard their accident-related injuries and pain. Medical issues should be assessed by doctors and records should be produced of injuries so that they may later be used to determine the victim's damages in a personal injury claims.

Do you know how to effectively avoid the 'no zones' near trucks?

When you have to drive in close proximity with large commercial trucks, you probably feel acutely aware of the size difference between your vehicle and the truck. You probably try to stay alert and aware of what the truck is doing. If you are like most drivers, you will probably try to leave as much space between your vehicle and the commercial truck as possible.

However, on the highway or during heavy traffic times, you may not have the option of moving away from a large commercial truck. The closer you are to one of these vehicles, the greater your risk of a potential crash. If nothing else, you should make sure you know about the large blind cell zones associated with commercial trucks and how to avoid them.

Filing a wrongful death claim in Kentucky

Losing a loved one in a tragic accident can be devastating to the surviving family members. While in most situations when a victim suffers harm due to another person's negligence, but survives, they are able to sue the responsible party for their damages, in a wrongful death the victim is no longer capable of advocating for their own rights. It is therefore through a wrongful death claim that losses associated with the victim's death may be pursued and for the benefit of their surviving relations.

Wrongful death lawsuits in Kentucky must be filed within one year of incident that led to the victim's death. They may be filed by the personal representative of the victim on behalf of the victim's survivors. A personal representative may be someone named by the deceased party in the estate planning documents. Individual family members generally may not directly file lawsuits for wrongful deaths in Kentucky courts.

What is a 'mass tort' for products liability purposes?

Consumer products are often subjected to significant safety evaluations and tests to make sure that they are not harmful to the individuals who use them. Even after a product is tested and sent out into the market, though, a Kentucky resident may suffer an injury or other loss due to defects in the product's design, manufacturing or warnings. If enough people are harmed by the same product and in the same way, all of their legal actions may be grouped together into a mass tort.

A tort is a wrongful action that injures another individual or a breach of a duty owed to another individual. Torts must be subjected to civil liability and have caused some sort of damage. The producers of consumer goods commit torts when they allow hazardous goods to reach individuals. Litigating thousands of claims against the same manufacturer or supplier of a dangerous product is not efficient for the courts. Therefore, in cases where many victims are created from a specific product defect, their claims may be brought into a single case, often called a class action lawsuit.

Traveling on New Circle Road: The risks in Lexington

If you're familiar with Lexington, then you've probably used New Circle Road. It's a road that circles around the entire city of Lexington, making it easy to get to almost any exit and where you need to go in a reasonable amount of time.

For the most part, there are no issues with traveling on New Circle Road when you're heading toward exits of higher numbers, but when you head into the north or eastern sides of the city, the roads become more complicated. There is a lot of stop-and-go traffic, which makes it much more difficult to avoid a collision. Add to this people who speed, a lack of enforcement and distracted drivers. You can see why there are crashes nearly every day, particularly between exits 14 and 19.

What laws apply to pedestrians in Kentucky?

Just as drivers who take to Lexington's roads must follow the laws that apply to operating motor vehicles, so too must pedestrians follow the laws when they traverse roads, highways and other thoroughfares designed for cars, trucks and vans. While most of the rules that apply to pedestrians are designed to keep everyone on the roads safe, the laws also dictate prohibited conduct that drivers may not engage in and that may create dangerous hazards for pedestrians.

Always carefully review a settlement offer after a crash

If you pay your insurance premium on time and in full every month, you may believe that your insurance company will do everything it can to support you in the wake of a serious collision. Sadly, many people learn the hard way that this is not always the case. After a major accident involving injuries, you need to carefully examine all offers made by your insurance company.

While you may want to give your insurance company the benefit of the doubt, doing so could end up costing you a lot of money and creating a lot of frustration. For those who have recently been in an accident caused by another person, great care and awareness can help ensure the best possible outcome.

Pedestrian deaths are a problem in Lexington

When drivers get into their cars, they are responsible for ensuring that they follow the rules of the road, avoid distractions and operate their vehicles while exercising their duty of care to others. It is no small feat for a driver to get to their intended destination without incident, since accidents and collisions are relatively common occurrences on Kentucky roads. Accidents happen with other vehicles, but less commonly they occur between vehicles and pedestrians.

According to a recent news article nine pedestrians were killed in Lexington by vehicles in 2017, and this year appears to be ahead of that unfortunate pace. Just recently a 59-year-old man was killed while at the intersection of Russell Cave and New Circle roads. It appears that the victim may have been in the crosswalk when the early morning collision occurred.

Motorcycle accidents are often caused by inattentive drivers

Now that spring is in full bloom and the summer months are right around the corner, Kentucky residents may be ready to completely say goodbye to their cold weather gear and prepare for some fun in the sun. While some may ditch their coats and boots for shorts and flip flops, others may embrace other signs of improving weather conditions.

Motorcyclists who have kept their vehicles under wraps during the cold and icy months of the year may be ready to get back out on the roads now that Memorial Day has officially come and gone. As they tune up their vehicles and dust off their helmets they should remember that many accidents involving two-wheeled vehicles happen due to the negligence and carelessness of other motorists.

Are pedestrian accidents common?

A pedestrian accident happens when a vehicle collides with a human being. Not long ago the story of a pedestrian accident made national headlines when a Broadway star, her family and friends were struck by a moving car and two children and an unborn baby lost their lives in the incident. The devastation inflicted on families and victims through pedestrian accidents is great but for some readers of this Kentucky personal injury blog questions may arise regarding just how common these tragedies really are.

Generally, pedestrian accidents are relatively common. One report suggests that around 5,000 fatal pedestrian accidents happen each year. That amounts to more than 13 pedestrian accident deaths each day throughout the United States.