Kentucky Personal Injury Blog

Does Having a Company Logo on a Truck Make Them Responsible for the Driver?

Karl Truman — Fri, 30 Oct 2009 15:05:00 GMT

A truck driver runs a red light, hits someone and kills them. There is a logging company who hired the truck driver and has their logo on the side of the truck. The logging company is responsible, right? Not necessarily, says the Indiana Court of Appeals.

The driver had the company's logo on his truck. But, the driver owned the truck, determined the details of the work, did not drive exclusively for the company and was paid by the mile or load.

The court found that the driver was an independent contractor and did not have a duty to the person the driver ran over and killed and was not responsible.

This shows that things are not always as they seem. Sometimes, only through through thorough discovery can you learn the complete facts.

Beatty v. LaFountaine, 896 N.E.ed 16 (Ind. Ct. App 2008)

Originally posted at InjuryBoard by Karl Truman

Kentucky Supreme Court Extends Spouse Loss of Consortium Beyond the Death of the Spouse

Karl Truman — Wed, 28 Oct 2009 14:46:00 GMT

Kentucky law has long held that a consortium claim was based in common law and historically it ended with the spouse's death. The reasoning was that death terminated any possibility of a spousal relationship and the loss would be covered by the wrongful death statute.

The effect of this law meant that if a spouse was killed through the negligence of others, the surviving spouse did not have a claim for the loss of love and affection of their spouse. The Court held that it would defy common sense to suggest that consortium damages could accrue for an incapacitated spouse, but not for one that had died. It would also provide a perverse incentive to tortfeasors who would be encouraged to kill persons by their negligence, rather than simply injure or maime them.

This is a significant ruling for husbands and wives who's spouse is killed by the negligence of others to hold the wrongdoer responsbile for the injury and pain they have caused.

Originally posted at InjuryBoard by Karl Truman

Indiana Medical Malpractice Law Slashes Verdict

Karl Truman — Mon, 26 Oct 2009 14:07:00 GMT

A woman died of complications from a mechanical bowel obstruction that had perforated; the woman's estate blamed her death on the hospital fo rtemporarily misplacing a radiological film that would have revealed the seriousness of her condition and on her surgeon for failing to operate promptly.

The woman was admitted to the hospital ICU with severe abdominal pain. Her surgeon and attending physician were unaware that the hospital did an x-ray several days earlier that revealed a mechanical small bowel obstruction. This condition is considered a medical emergency that requires immediate surgery. However, the hospital misplaced the x-ray.

Her condition continued to deteriorate. She became septic, developed acute respiratory distress syndrome and was placed on life support. Tragically, she died shortly thereafter.

The case was tried in Indianapolis, Indiana. The jury found in favor of the defendant doctor, but awarded damages against the hospital in the amount of $8,500,000.00. Under Indiana law, the court reduced the award to the statutory maximum of $1,250,000.00. The jury was not allowed to know about this statutory limit.

How would you feel if this happened to your wife, daughter or mother? Would you willingly agree that the state legislature should place an arbitrary legal limit on the value of your loved one's life?

The other interesting aspect of a case like this, that the jury is not allowed to know, is that the hospital is only responsible up to $250,000.00. So, regardless of how horrible the injury, or how reckless their behavior, that is the most they can be held accountable for. Above that, there is a state fund that is responsible for up to an additional $1,000,000.00 for the total of $1,250,000.00.

With such a limit of damages, what incentive does a doctor or hospital have to negotiate a reasonable settlement? Since doctors and hospitals win most medical malpractice trials anyway, they have the exact opposite incentive - make injured victims go to trial on every case. They have nothing to lose and the odds are in their favor to win anyway.

This is one of the effects of placing arbitrary caps on damages. Would you call this "fair" if it were your family member?

Originally posted at InjuryBoard by Karl Truman

Why Do I Need Extra Insurance - I'm a Safe Driver!

Karl Truman — Fri, 23 Oct 2009 12:38:00 GMT

I'm a safe driver, so why do I need to spend all that money on insurance? If someone else hits me, aren't they responsible? Won't they take care of my medical bills?

Here is an example of a recent case. My client is 32 years old, healthy and a safe driver. She is single with three children. She has a good job and works hard to provide for herself and her family.

One day, she was driving to work in Louisville on Dixie Highway. Another car crossed the center line and hit her head-on. She suffered 3 broken vertebra, punctured lung, broken ribs and many other significant injuries.

Obviously, this would be a significant claim and the other driver will pay for her medical bills and other damages. WRONG! The other driver had NO automobile insurance. Her insurance agent sold her a policy with Uninsured Motorist (UM) coverage. I'm sure he told her she had "full coverage". Her medical bills are over $223,000.00, but, her policy only provides her with $25,000.00 of UM coverage!

I have said many times that most people do not have enough insurance coverage and this is another example of why everyone should get as much coverage as possible, not just the lest expensive policy.

Originally posted at InjuryBoard by Karl Truman

Watch for Symptoms of Mild Traumatic Brain Injury

Karl Truman — Wed, 21 Oct 2009 01:00:00 GMT

When presenting a case involving a brain injury, I will often hear from insurance adjusters, insurance doctors and insurance lawyers, "but the MRI and CT was normal so there can't be a brain injury. " This is absolutly not true.

The Centers for Disease Control and Prevention (CDC) states that Mild Traumatic Brain Injury (MTBI) symptoms may appear mild, but they can lead to significant, life-long impairment in an individual's ability to function physically, cognitively and psychologically.

Here are some statistics from the CDC regarding Traumatic Brain Injury (TBI) and MTBI :

Each year in the United States:

• Approximately 1.5 million Americans sustain traumatic brain injuries, ranging from mild to severe;

TBI:

• 50,000 people die from TBIs;

• 230,000 people are hospitalized due to TBIs and survive;

• More than 1 million are treated in emergency departments for TBIs;

• An estimated $56 billion is spent in direct and indirect costs as a result of all TBIs;

• 80,000 to 90,000 Americans experience onset of long-term disability from TBIs.

MTBI

• Data suggest that as many as 75% of all brain-injured people sustain MTBIs.

• MTBIs cost the nation nearly $17 billion each year.

• An unknown proportion of those who are not hospitalized may experience long-term problems, such as:

• In most cases of diagnosed MTBI, the patient recovers fully.

• Some research indicates that up to 15% of patients diagnosed with MTBI may have experienced persistent disabling problems.

- Persistent headache,

- Confusion,

- Pain,

- Cognitive and/or memory problems,

- Fatigue,

- Changes in sleep patterns,

- Mood changes, and/or

- Sensory problems such as changes in vision or hearing (post-concussion syndrome).

It has been my experience that often time, it is family and friends who observe these symptoms more than the injured person. It has also been my experience that family doctors do not do a good job at recognizing and diagnosing MTBI.

If you see these symptoms in a friend or family member, it is important to get an evaluation by a Clinical Neuropsychologist.

Originally posted at InjuryBoard by Karl Truman

Two People Killed Going Wrong Way on I-264 and No Seatbelts

Karl Truman — Tue, 20 Oct 2009 20:56:32 GMT

The Louisville Courier Journal reported that Stephanie Boyd of Jeffersonville, Indiana got on the westbound land of the Waterson Expressway, Interstate 264, and collided with a car driven by Saul Figueroa Bautista, of Louisville, Kentucky. Both drivers died at the scene.

Ironically, neither driver was wearing a seatbelt.

Police do not yet know what caused Byrd to get on the wrong way of the interstate at 3:00 a.m. They are still investigating and doing toxicology tests to determine if alcohol was a factor.

I will continue to follow this story as information becomes available.

Originally posted at InjuryBoard by Karl Truman

Save Money on Car Insurance But Don't Cut Corners

Karl Truman — Mon, 19 Oct 2009 14:09:00 GMT

Car insurance is a necessary expense, but how much you pay for it varies widely. Here are a few tips that cna help you save a great deal of money on your car insurance. But be careful. Save money, but don't cut corners.

1. Choose your car carefully before you buy. Some models are more likely to be stolen; others are expensive to repair. Insurance companies factor this in, so check with your insurance company to see of the model you are considering will raise or lower your insurance bill.

2. Check for disounts. Some insurance companies offer special discounts to people wiht a safe driving record, for safely features in your car (such as anti-lock brakes or airbags), or if you belong to an auto club or veteran's or other association.

3. Increase your deductible. Your premium will be lower if you raise the amount of money you have to pay before yoru insurance covers a claim. That means if you have an accident, you will pay more out of picket, but if you're a safe driver with few claims, you'll save.

4. Shop around. Comparison shopping for auto insurance can save you hundreds of dollars a year. But, be aware to shop "apples to apples". Don't just shop for the lowest quote. Try an independent agent who can get quotes from different companies.

5. Don't be penny wise and pound foolish. Insurance companies would probably be surprised to hear me say that most people don't have enough insurance. I see innocent victims in automobile or car accidents who are severly hurt by someone who had only minimum coverage or even no insurance coverage at all. Make sure you get enough Uninsured (UM) and Underinsured (UIM) motorist coverage and medical payments coverage. Uninsured Motorist protects you when you get hit by someone who does not have any insurance coverage. Underinsured Motorist coverage protects you when you get hit by someone who has very little coverage.

There are significant differences in automobile insurance between Indiana and Kentucky, so make sure you deal with a local agent who understands what you need.

Originally posted at InjuryBoard by Karl Truman

Good Samaritan Hurt While Helping Another Motorist

Karl Truman — Fri, 16 Oct 2009 14:00:04 GMT

Steven Fry of Louisville Kentucky was on his way home when he saw an automobile accident involving another car that had flipped over on the Watterson Expressway near Southern Parkway. Fry and his friends stopped to render aide. It was dark and rainy.

Fry was trying to waive traffic around the overturned car. He was standing in the road when a taxi driver for Yellow Cab was finishing a 20 hour day. When he approced the accident scene, he never saw Fry and hit him.

Fry went through the windshield of the taxi cab. He was severely injured including a broken leg, dislocated knee, a broken arm, post-traumatic respiratory failure and permanent brain injury.

In his lawsuit, Fry hired an accident expert, Sonny Cease. He focused on the taxi driver's lookout and fatigue from working all day. Yellow Cab placed the blame on Fry claiming that he should not have been in the roadway.

The jury verdict assessed 50% of fault to the taxi cab driver, 30% to the intoxicated driver of the car that flipped over and the raminder 20% to Fry. A verdict was rendered for Fry in the amount of $5,161,163.00. After reducing for comparative fault, his verdict would be $2,993,474.00.

While Fry was awarded a substantial verdict, he will be dealing with severe and permanent injuries for life. We need good samaritans to help others, but when helping others, please be safe. Use safety devices such as flashlights or flares or reflectors. Anytime you are on the road, be aware that others may be tired and driving carelessly. They are the ones you must watch out for.

Originally posted at InjuryBoard by Karl Truman

Indiana Restricts Cell Phones for Teen Drivers and Creates Graduated Drivers License

Karl Truman — Tue, 22 Sep 2009 13:26:25 GMT

Indiana's new teen driver law went into effect July 1. The law provides for a new Graduated Drivers License (GDL). Drivers under the age of 18 will be considered probationary drivers.

Since young drivers are at greater risk for becoming involved in traffic crashes that result in severe injury and death, specific restrictions have been put into place to help teens safely travel Indiana’s roadways.

If you are 16 or 17 years old when you get your driver's license, your license is considered probationary until you turn 18 years old. You may amend your license after you turn 18 years old to remove the probationary driver designation from your license. However, once a driver turns 18 years old, the probationary driver restrictions will no longer apply to even if the designation is still indicated on the license.

Recent changes to state law affect probationary drivers who get an Indiana driver’s license on or after July 1, 2009. Drivers who get an Indiana driver’s license on or before June 30, 2009, are not affected by the following changes in state law.

No matter what type of license you have, every passenger in the vehicle that you are driving must wear a seat belt - even if that vehicle is a truck or SUV.

Drivers who get an Indiana driver's license on or after July 1, 2009, will have the following restrictions:

Telecommunication devices

Drivers under the age of 18 may not use any type of telecommunication device while driving except to make emergency 911 calls.

When you may drive

Drivers under the age of 18 may not drive between 10 p.m. and 5 a.m. for 180 days after
getting their license.
After the first 180 days, you may not drive during the following hours:

- Sunday through Thursday, 11 p.m. - 5 a.m.
- Friday and Saturday, 1 a.m. - 5 a.m.

Drivers under the age of 18 may drive at any time if traveling to or from work, school, or
religious event, or if you are accompanied by an individual with a valid Indiana driver's
license who is 25 years or older.

Driving with passengers

If you get a probationary driver's license on or after July 1, 2009, you may not drive with
passengers for the first 180 days after obtaining your license, unless you are also
accompanied by a licensed instructor, an individual with a valid Indiana driver's license
who is 25 years or older, or a parent, guardian, or step-parent who is 21 years or
older. You may drive with your child, sibling, or spouse during the hours allowed by law.

Court diversion programs

If you get a probationary driver's license on or after July 1, 2009, you will not qualify for
court diversion programs.

I believe this is a good move to try to reduce teenage automobile accidents. I encourage Kentucky to enact a smiilar law. I would go even further and restrict cell phone usage for all drivers, not just teenage drivers.

Originally posted at InjuryBoard by Karl Truman

Another Automobile Accident on the Kennedy Bridge at I-65

Karl Truman — Sun, 13 Sep 2009 15:13:23 GMT

I was in front of Buckhead's today waiting on lunch and watching the sailing regatta when I heard squeeling tires coming from the bridge. I looked up and witnessed a four-car pile-up on I-65. This was in the south-bound traffic headed from Jeffersonville to Louisville.

It looked like everyone was out of ther cars, so hopefully no serious injuries.

This is a very dangerous streatch of highway becasue the traffic gets backed up at spaghetti junction, back to the bridge. I have had many close calls here myself. It is continuous stop-and-go-traffic.

Please be careful on this road and leave pleanty of stopping time ahead of you.

Originally posted at InjuryBoard by Karl Truman