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Louisville Personal Injury Law Blog

Fatal motorcycle crash leaves one dead

One person died after a recent motorcycle collision near Louisville's downtown area. Police have now identified the victim as a 34-year-old man, but other details about the victim or his family were not available.

There were also other significant injuries in connection with this accident. Two motorcyclists, as well as the driver of a car, were all taken to the hospital with injuries that authorities described as "serious."

We step in when nursing homes breach their trust

A previous post on this blog talked about what warning signs a family can look for to determine whether a loved one in a nursing home or other facility for long-term care is getting abused or neglected. The important thing Louisville residents and families throughout Kentucky need to remember, though, is that just because they want to be on the lookout for nursing home negligence, it does not mean they are the ones who are responsible for preventing it.

The nursing home has the responsibility of operating a business and hiring employees that will provide quality care to each and every one of their patients. When it fails in that responsibility, then the nursing home has the obligation to make things right.

Warning signs of nursing home negligence

Putting an aging or disabled family member in to a nursing home or other care facility can be a very difficult decision for a Louisville, Kentucky, family to make. When doing this, most families work really hard to properly evaluate the nursing home before putting their loved one in the home's care, as they would hate to think that the nursing home would breach the trust the family places in them and mistreat its patient.

However, the reality is that nursing home neglect and abuse can happen to a patient even if the family did everything they could to prevent it, as nursing homes which are willing to engage in a pattern of nursing home neglect or abuse are also forced to cover up their misdeeds and keep them from the light of day, as discovery could mean the end of the nursing home's business.

Take these steps after a bike accident for an easier claim

After a biking accident, there are many things you need to do. The first and most important is to go to the hospital to make sure you get the medical treatment you need. Many injuries won't show up right away, so a hospital visit is the only real way to be sure that you know the injuries you've suffered.

While you're awaiting help from the emergency medical team, there are a few other things you can do to help yourself later on. For example, if you and the person who struck you are able to, exchange information including insurance details. Get the person's phone number, name and license plate number to make it easier to locate him or her in the future.

Kentucky's highest court hears hospital negligence case

The Kentucky Supreme Court, which is the final authority when it comes to interpreting Kentucky's laws, is considering an important medical malpractice case and recently heard from the attorneys for both the hospital and the injured patient.

Basically, the patient underwent a surgery at the hospital and suffered some injuries that may have been caused by her surgeon's negligence. She sued both the hospital where the surgery occurred and the doctor himself. The doctor later settled the claim against him out of court.

We hold insurance companies accountable when they act badly

A previous post on this blog explained that Kentucky recognizes the concept of "bad faith" in insurance cases, meaning that a Louisville resident, or, indirectly, a person who has been negligently injured in car accident or other incident, can hold an insurance company accountable if they do not handle a claim consistent with their obligations to pay legitimate insurance claims and do so promptly.

Louisville residents need to understand that although bad faith cases require there to be an insurance policy or other agreement, a claim of bad faith is not the same as making a claim that an insurance company did not uphold its end of the deal by paying a legitimate claim in full. Indeed, "bad faith" can exist even if an insurance company ultimately does pay a claim.

How does an insurance company act in bad faith?

Like lots of other things in our everyday lives, insurance is basically an agreement that person makes with an insurance company. In exchange for paying a regular premium, the insurance company promises to pay the person, or someone the person has negligently injured, in the event the need should arise.

The insurance company's promise is often qualified in several different respects and depends on other conditions. This is because most insurance companies can only afford to pay certain types of claims and not meet all of their customer's financial obligations no matter the circumstances.

More car accident fatalities, not less: NHTSA report

In our last post, we talked about distracted driving accidents and how there are thousands of people that die under these tragic circumstances every year. This problem is going to be with us for some time as we wait for self-driving vehicles to be available for purchase and use. Until then, we have to recognize that there are some things that we can do to improve road safety.

This couldn't be clearer as another set of data from the National Highway Traffic and Safety Administration. The data is from 2015, and according to the NHTSA, there were 35,092 people that died in auto accidents that year. Compared to 2014, this marked an increase of 7.2 percent in auto accident fatalities. Car accidents were also the leading cause of death for people aged 11 or 16-24. 

Distracted driving claimed 3,477 lives in 2015

We have made incredible improvements in motor vehicle safety technology and drunk driving enforcement over the last several decades. This has reduced car accident death statistics dramatically. However, there is a new danger presenting itself -- and roadway death statistics are again on the rise. The danger relates to distracted driving, primarily due to smartphone use.

Take a look around you, and you'll notice countless Kentucky drivers staring at their cellphones when they should be staring at the road. Scientists and roadway safety experts have determined that using a smartphone while driving is far more dangerous than operating a vehicle while drunk.

There are ways to avoid common driving distractions

During the month of July, it goes without saying that a large number of people take to the road. In addition to those who are living their usual life, there are those who are traveling to and from their vacation destination.

As a motorist, you should do whatever you can to avoid common driving distractions. Along with this, learn how to pinpoint others who may not be paying attention to the road, as this can help you prevent trouble.

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