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Lexington Personal Injury Law Blog

Recognizing defects in the design of unsafe products

It is not unusual for product manufacturers to release new designs for the items they make. This is because it is in the interest of sellers to keep their products up to date and competitive with what their competitors have available on the market. When a Kentucky resident must replace something that they have purchased, a manufacturer will hope that the consumer will re-buy what they are replacing and will attempt to entice them with a modernized and improved design.

Product designs can change for the better, but this is not always the case. In an attempt to make a product more appealing or useful to consumers, a manufacturer may introduce dangerous design elements into its new configuration. Defective and unsafe product designs can hurt consumers and can impose liability on the manufacturers who put the dangerous items into the stream of commerce.

What can Kentucky drivers do to stay safe around large trucks?

Not long ago this Kentucky personal injury legal blog discussed several critical events that truck drivers can cause that can lead to serious collisions with other motor vehicles. While truck drivers are tasked with operating their rigs safely and following the rules of the road, there are also some important steps that other drivers can take to stay out of harm's way when they are operating near large commercial vehicles.

Drivers should always position themselves where truck drivers can see their vehicles. This can mean avoiding trucks' blind spots, also called "no zones," where truck drivers cannot see other vehicles. A driver who lingers in a truck's blind spot may find themselves with nowhere to go if the truck attempts to merge into their lane.

Is it time to review your motor vehicle insurance policy?

You have probably been paying for motor vehicle liability insurance for as long as you have had a license and a car of your own. After all, Kentucky law mandates that all drivers must ensure their vehicles. They do this in order to ensure that victims of a crash do not end up responsible for the costs of losses caused by another driver on the road.

While you may have an active liability insurance policy, you may not have the best possible coverage. When was the last time you reviewed your insurance coverage? If it has been more than a year or two, it may be time to revisit what your policy covers and whether you would benefit from adding additional coverage.

A settlement may be offered after a motor vehicle accident

After a serious car accident a victim may find themselves confronted with hefty medical bills, a wrecked vehicle, and the inability to work. This can be a tragic combination for a Kentucky resident who depends on their income to keep a roof over their head and food on the table for their family. In the days following an accident, a victim may be contacted by representatives of the party whose negligence caused the relevant crash. Those representatives may offer the victim money in order to settle their potential accident-related claims.

A settlement is an agreement between two parties. It generally provides the aggrieved or victim-party with compensation for the harm they suffered due to the other party's actions. In exchange for compensation, the aggrieved party usually has to forego any legal claims they may have against the party that hurt them.

Guardsman discovers tire defect on military vehicles

A concerned Kentucky guardsman made an important discovery while executing his duties as the Chief Warrant Officer for the 203rd Forward Support Company. He was examining tires and vehicles as part of his duties when he noted cracks and defects in many of the tires. He noted that all of the affected tires were at least five years old and that sidewall cracks could lead to tire blowouts and accidents for impacted vehicles.

He brought his concerns to a senior official and as a result his division looked into the problem. They discovered that not only was the problem pervasive but also very serious. Around 32,000 tire assemblies on National Guard vehicles throughout the country would end up having to be fixed.

Catastrophic injuries include two types of spinal cord injuries

Any trauma to a victim's spinal cord can cause serious pain and harm to them. For this reason, victims of Kentucky car and vehicle accidents should seek medical attention after their ordeals, to make sure that their injuries and ailments are assessed by medical professionals in a timely matter. When it comes to spinal cord injuries, quick diagnosis and treatment can help preserve the victim's ability to function.

However, not all spinal cord injuries are the same. A spinal cord injury may be considered incomplete or complete. An incomplete spinal cord injury is one in which a victim retains some feeling or sensation below the site of the spinal cord trauma. They may be able to regain some control over their affected appendages and systems if they are given proper medical care.

How to file a successful car accident injury claim

If you were injured in a car accident that was caused by another motorist, it is very important that you understand your rights and responsibilities when filing a claim for damages. Doing it right can improve your chances for receiving the maximum possible value for your personal injury claim. Doing it wrong can result in your claim being denied outright or only partially approved.

Below are some tips and strategies to employ when filing a claim with the at-fault driver's auto insurance provider.

Mistakes truckers make that cause motor vehicle accidents

As Kentucky residents may be aware, there are a variety of circumstances that could lead to a semi-truck crash. The Federal Motor Carrier Safety Administration undertook a major study of truck and commercial vehicle accidents and determined that many accidents are caused by several "critical events." These critical events are primarily attributable to mistakes made by truck drivers.

One of the biggest critical events found by the FMCSA was the failure of truck drivers to keep their rigs in their lanes. Driving into other lanes or driving off the road made up about 32 percent of the accidents studied in the report. The failure of a truck driver to maintain control over their vehicle poses major dangers to others who must operate near them.

Do you understand the potential financial impact of a car crash?

Few people stopped to consider the realities of a car crash until they get into one. That could leave you in a situation where you are not adequately prepared or you make decisions that could lead to a worse outcome. Whether you have a perfect driving record or have recently experienced a crash, it is likely a good time to learn a little more about how accidents impact people.

You probably already realize that there is a risk for serious injury, as well as transportation issues that arise from needing to repair or replace your vehicle. What you probably haven't considered is how quickly an accident can go from a minor fender-bender to a major financial mishap.

Who receives the award of damages in a wrongful death lawsuit?

It is only after a person loses their life in an accident or other negligent or criminal act that their loved ones obtain the right to seek damages through a wrongful death lawsuit. This Lexington personal injury blog has discussed the elements of wrongful death claims and how individuals may sue for the many losses they have been forced to incur when their loved ones have perished due to the actions of others. If they prevail in their legal plight, the distribution of the wrongful death damages award must follow state guidelines.

First, if a person dies and leaves behind a spouse and children then the wrongful death damages award should be split with half of the award going to the spouse and the other half to the children. If the person dies without a spouse but with children, the children receive the full award. Conversely, if a person dies without children but with a spouse, then that person's spouse receives the full award.