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16
Feb

Multiple Vehicle Collisions

When snow is on the ground numerous car accidents are likely to occur.  Traffic flows on I-65 at less than 20 mph at some locations.  Multiple collisions are reported and many are complicated by other drivers failing to maintain a proper distance, failing to travel at safe speeds and failing to keep a proper lookout resulting in collisions which may involve several vehicles.  If you are involved in a collision which involves multiple vehicles, it is important that you immediately seek legal counsel and work with your attorney to try to reconstruct exactly how the collision occurred.  The number of impacts you experienced can be important in establishing which vehicle initiated the contact and whether there was more than one vehicle responsible for your injuries and damages.  In Kentucky, each of those impacts may give rise to a separate right of action, both as to the liability insurers and as to your own uninsured or underinsured motorist carrier.   Contacting an attorney early will allow you and your attorney to work together to gather evidence as to how the collision unfolded and determine whether you are entitled to multiple rights of action.

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15
Feb

What is a “policy limits tender”?

A “policy limits tender” means that the insurance company for the at-fault driver is offering the injured person or injured persons the full amount of the coverage for which the at-fault driver had contracted with that carrier before the wreck.  It may or may not be enough money to compensate those injured for their pain and suffering.  Bodily injury minimum limits in this state is $25,000 per person and $50,000 per incident.  That means that the most that insurer would have to pay, regardless of the extent of injury, is $25,000 to any single individual but never more than $50,000 to all injured persons combined.  So, if only 2 people are hurt as a result of the at-fault driver’s negligence then each would be entitled to the value of their injuries but only up to
$25,000 each, if that is the extent of the available coverage.   If 3 people or more are hurt as a result of the at-fault driver’s negligence then each of them is entitled to the value of his or her claim so long as no individual receives more than $25,000 and so long as all individuals together receive no more than $50,000.

               For this reason, it may be necessary for multiple injured persons to have separate attorneys or, at least, to acknowledge that they understand that this conflict could potentially arise.  It is important to retain an attorney as early as possible, especially when there are multiple injured persons.  Your attorney can help assure that your claim receives full consideration when the insurance proceeds are divided and that your total recovery is as complete as possible.  Your attorney can help you to identify other sources of recovery which may include, but are not limited to: vicarious liability, product liability, workers compensation, medical malpractice, underinsured motorist coverage, uninsured motorist coverage, added reparations benefits and insurer bad faith.  Given the specific circumstances of your injury event and its aftermath, there may be other sources of recovery or valid claims that need to be made on your behalf.  It is important to retain an attorney as early as possible so that your attorney has the opportunity to investigate all potential avenues of recovery for you.

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15
Feb

Low Visibility Leads to Multiple Car Pile Up in Florida

A few weeks ago, low visibility led to multiple car accidents on Interstate 75 near Gainesville, Florida.  A nearby brushfire caused fog and smoke to hover over the roadway making it difficult for drivers to see, which led to them crashing into the vehicles in front of them.  Reports indicate that the interstate was closed for a period of time due to the low visibility and then reopened.   The investigation continues but it is possible that the state highway department was negligent in reopening the interstate too soon.  There were several fatalities and many were injured.  Always be sure to proceed with caution in these conditions.

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15
Feb

The Importance of Photos to Show an Injury

Many injured people fail to take good photos of their injuries after experiencing a motor vehicle collision, dog bite, slip and fall or some other personal injury.  It is always a good idea to take photos as soon as possible to show open wounds, cuts and abrasions.  Then continue to take photos every few days to show the bruising and healing.

 Oftentimes, injured people do not contact an attorney for several days or even weeks after an injury and these important photos are no longer possible.  Injury photos help to document the injury and the pain and suffering.  Nothing helps to convince an insurance adjuster or a jury as much as injury photos and photos of the injured person in the hospital bed, etc.

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15
Feb

Kentucky No Fault Insurance

Oftentimes people refer to Kentucky as a no fault state.  This statement can be misleading to those who are unfamiliar with how this actually works out.

No fault insurance in Kentucky refers to medical coverage which you are required to carry on your automobile insurance.  In Kentucky, the minimum amount of no fault coverage is $10,000.  This simply means that the auto insurance policy of the vehicle you are riding in at the time of an injury is required to cover the first $10,000 of medical expenses regardless of who was at fault for the collision.

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