This is an Advertisement

Articles Posted in Car Wrecks

Published on:

The National Highway Transportation Safety Administration (NHTSA) reports that in 2011, 3,331 people were killed and 387,000 were injured in motor vehicle accidents involving a distracted driver. The NHTSA further reports that for drivers under the age of 20 who were involved in fatal accidents, 11% were reported to be distracted at the time of the crash, and for 15-19 year olds who were distracted when involved in fatal crashes, 21% were distracted by using cell phones. The National Safety Council estimates that there were more than 500,000 crashes involving drivers using cell phones and texting in the first half of 2013 and that these distracted drivers cause an additional wreck every 30 seconds.

Kentucky enacted laws that went into effect in 2010 that prohibits drivers from “texting while driving,” i.e., text messaging while a vehicle is in motion. KRS 189.292. In addition, any person under the age of 18, whether using an instruction permit, intermediate license or operator’s license, is prohibited from both texting and cell phone use while driving. KRS 189.294. Text messaging is more dangerous than talking on a cellphone since it requires the driver’s visual, manual and cognitive attention, the three main types of distraction.

In spite of the laws prohibiting texting while driving in Kentucky, the Lexington Herald-Leader reported in May, 2013 that less than 1,000 citations had been issued state-wide during the more than two years since the new laws went into effect since police say it’s difficult to determine if someone is violating the law while driving down the road. Lexington police stated that in 2012 cell phones were a contributing factor in 26 accidents, but the number for 2013 had already climbed to 38 by May. The Louisville Courier-Journal reported in January, 2013 that although accidents caused by distracted driving dropped statewide in 2012, such accidents rose to the highest level in Jefferson County in a decade.

The National Transportation Safety Board found that when a driver crashed his truck into a van carrying 10 members of a Kentucky Mennonite community in March 2012, causing one of Kentucky’s deadliest highway accidents, the driver might have been on his cellphone. Continue reading

Published on:

A “statute of limitations” is a law which sets a specific deadline for filing legal proceedings. Statutes of limitations can apply to civil cases or criminal cases and are adopted primarily to prevent the filing of claims or criminal charges after evidence has been lost and witnesses have disappeared. Statutes of limitations vary by state and can be very complicated to interpret and apply to a particular set of facts.  As with all statutes of limitations, the statute of limitations for lawsuits involving injury cases in Kentucky is strictly enforced by Kentucky courts. As with all legal issues, you should contact an experienced personal injury attorney to determine how the statute of limitations applies to your particular case.

The statute of limitations for many types of injury cases in Kentucky is 1 year from the time of the injury. KRS 413.140. This 1-year time limit for settling the claim or bringing a lawsuit generally applies to dog bites or other animal attacks, slip and fall, assault, medical malpractice, and nursing home neglect and abuse cases, among others, although in some cases, such as medical malpractice, the 1-year statute of limitations may not begin to run until the injury is discovered or until you quit treating with the professional who has committed negligence or malpractice. Since cases must be properly investigated before suit can be filed and evidence must be gathered and preserved as quickly as possible, it is imperative to contact a personal injury lawyer as soon as possible after the injury has occurred or been discovered.

Some of the personal injury claims resulting from car wrecks, truck wrecks or other motor vehicle accidents must generally be settled or filed in court no later than 2 years after the date of the injury, death, or the last payment of basic or added reparation benefits was made to the injured party. KRS 304.39-230. Basic or added reparation benefits are also known as personal injury protection (“PIP”) benefits or no-fault benefits. However, many factors will have an effect on the statute of limitations that will be applied to a particular case, such as whether PIP benefits have been paid or not paid after the injury, and whether the injury resulted in death. Furthermore, there are numerous exceptions to the 2-year statute of limitations for motor vehicle accidents which will reduce the statute of limitations to 1 year, so care must be taken in relying on the 2-year time limit. An experienced personal injury lawyer must review all the facts and details of the case to determine the deadline for filing suit. Continue reading

Published on:

As summer arrives and Kentuckians take to the roads for vacations and outdoor activities, drivers need to be careful to avoid car wrecks and other motor vehicle accidents. Holiday weekends are especially dangerous, and the Independence Day and Labor Day holidays were the two deadliest in Kentucky in 2011 according to the Kentucky State Police 2011 Report of Traffic Collision Facts. The report shows that in 2011, 335 people were injured over the Independence Day holiday and 327 people were injured over the Labor Day holiday. A total of 24 deaths occurred over the two holidays compared to 20 deaths during all the other holidays combined.

The personal injury attorneys at Varellas & Varellas have represented victims of car accidents for decades and have seen many sad cases of clients seriously injured in summertime crashes. Don’t make the mistake of thinking that summer is a carefree time when roads are clear and safe and driving safety is less important because the statistics paint an entirely different picture.

Although drivers understand that roadways that are wet or covered with snow, ice or slush create dangerous driving conditions, the Report of Traffic Collision Facts shows that the large majority of all collisions and all fatal collisions in 2011 occurred on dry roads. According to the Report, 71.7% of all collisions and 79.6% of fatal collisions happened on dry roadways. The data also reveals that 79% of all collisions occurred on straight roads while 21% occurred on curved roads. Continue reading

Published on:

As lawyers who handle wrongful death as well as other car accident cases, we are keenly aware of the effect that motor vehicle accidents can have on insurance premiums. Every motor vehicle owner is required by Kentucky law to carry insurance for each vehicle owned, or severe penalties will be assessed. Insurance premiums are a necessity and they will likely increase if you are involved in an accident. To reduce your premiums, you may be considering new options being offered by insurance companies.

More and more insurers are offering discounts to drivers that agree to install a device in their car that will monitor their driving style. Progressive offers Snapshot, State Farm offers Drive Safe & Save with In-Drive, and Allstate has Drive Wise. The company sends you a device, called a telematic device, that you plug into the vehicle’s diagnostic port, usually under the steering wheel, and the company monitors your driving habits. The cautious driver who drives fewer miles would likely pay lower insurance premiums since they’re less likely to be involved in an accident. However, the device becomes an electronic snoop and wirelessly transmits information to your insurer detailing not only how far you drive, but also when you drive, how fast you accelerate and turn, and how hard you accelerate, brake and corner. The drawback to using these devices is a loss of privacy and possible use of the information against you.

It appears that many drivers are willing to install the telematic devices and transmit detailed driving data to their insurer in the hopes of receiving a discount, and a recent study commissioned by Ford may explain their willingness since the study found that 99 percent of drivers believe they are good drivers. Of the participants in the study, however, 76% admitted they eat or drink while driving, 55% admitted to speeding, 53% talk on handheld phones, 37% drive even when they’re too tired and 25% use their phones to search contacts. So, even though you may think you’re a safe driver, the information sent to your insurer may paint a different picture and may not get you the discount you hoped for. Continue reading

Contact Information