Carroll & Turner, P.S.C.Carroll & Turner, P.S.C.2024-02-09T03:35:54Zhttps://www.carroll-turner.com/feed/atom/WordPress/wp-content/uploads/sites/1103394/2023/12/cropped-carroll-turner-site-icon-32x32.pngOn Behalf of Carroll & Turner, P.S.C.https://www.carroll-turner.com/?p=494162024-02-08T03:36:00Z2024-02-09T03:35:54ZLiability and compensation
In car accident injury cases, the at-fault party's insurance typically covers medical expenses for injured parties. However, if a person is partially at fault, they may bear a portion of their medical bills.
Kentucky's negligence laws
In many car accidents, more than one driver shares responsibility for causing the crash. Kentucky follows a comparative negligence system, attributing fault based on each party's contribution to the accident.
If you are less than 50% at fault, you may seek damages. However, your percentage of fault reduces your compensation proportionally.
Medical Payments Coverage
Kentucky offers Medical Payments Coverage, an optional insurance that pays medical expenses resulting from a car accident, irrespective of fault. MedPay provides financial protection for medical bills, no matter who causes an accident.
Health insurance
Health insurance can also cover medical expenses from car accidents. Your policy may cover hospitalization, surgeries, medications and rehabilitation services related to injuries.
Subrogation
If a health insurance company covers medical expenses for a car accident, it may seek reimbursement from any settlement received from the at-fault party's insurance. This process, called subrogation, allows health insurance companies to recover costs paid on behalf of the insured.
PIP coverage
Kentucky offers Personal Injury Protection coverage, but the state allows drivers to reject this additional medical expense coverage that pays regardless of fault. If a driver with PIP coverage sustains injuries in an accident, their auto insurance company pays medical bills up to the coverage limit.
For severe injuries, PIP payouts may not cover all your medical costs.
Uninsured and under-insured motorists
If the at-fault driver is under-insured or has no insurance at all, your own insurance coverage may come into play. In such cases, your uninsured/underinsured motorist coverage (UM/UIM) could cover medical expenses, lost wages and other damages.
This coverage is optional but highly recommended, as it provides financial protection in situations where the at-fault party lacks adequate insurance coverage to compensate the injured party for their losses.
Each situation is different
Many factors can come into play when determining who pays medical bills after a car accident, and understanding how these factors apply to your situation is challenging for most people. Ask someone who deals with these cases routinely for assistance.]]>On Behalf of Carroll & Turner, PSChttps://www.carroll-turner.com/?p=493842023-12-16T22:37:54Z2023-12-16T22:37:54ZArguments for seat belts
Proponents argue that seat belts on school buses can significantly enhance passenger safety. In the event of an accident or sudden braking, seat belts help secure students in their seats, minimizing the risk of injuries. Research suggests that seat belts could mitigate the impact of such incidents by providing an additional layer of protection.
Arguments against seat belts
Opponents raise concerns about the practicality and cost-effectiveness of installing seat belts on school buses. School districts often operate within tight budgets, and the expense of retrofitting or purchasing buses with seat belts could be substantial. Additionally, enforcing seat belt usage among students could pose logistical challenges, potentially leading to delays and disruptions in the daily routine of transporting students to and from school.
The government weighs in
The National Conference of State Legislators explains that, unlike cars, buses have a design that uses compartmentalization. This is where high, energy-absorbing seat backs protect passengers without the need for seat belts. In addition, the overall bus design is for safety, especially in accidents. However, the National Transportation Safety Board made a recommendation in 2018 that all states should mandate seat belts on school buses.
The question of whether school buses should have seat belts is a multifaceted issue. The arguments and evidence for both sides are convincing. The ultimate deciding point should be what keeps kids the safest while traveling in these vehicles.]]>On Behalf of Carroll & Turner PSChttps://www.carroll-turner.com/?p=493502023-11-02T15:11:16Z2023-11-02T15:11:16ZUnderstanding the new braking system requirement
Automatic emergency braking systems are not a novelty; they already exist in various modern vehicles. These systems employ forward-facing cameras and sensor technologies that can detect an imminent crash. When the sensors detect a potential crash, and the driver has not applied the brakes or has not applied them sufficiently, the system automatically engages the brakes or supplements the driver's braking effort. The aim is to minimize the impact or, in the best scenario, avoid the collision altogether.
The National Highway Traffic Safety Administration's announcement extends the requirement of AEB systems beyond just passenger vehicles and light trucks, now including vehicles of substantial weight. Specifically, this new rule will apply to new trucks and buses weighing over 10,000 pounds, with the expectation that the heaviest trucks (those over 26,000 pounds) will have these systems installed within three years after the rule becomes final. For vehicles weighing between 10,000 and 26,000 pounds, the deadline extends to 2028. These systems will function at speeds ranging from 6 to 50 miles per hour.
What does this mean for you and road safety?
These changes come after careful consideration of statistics and the potential benefits of such a rule. According to data from the National Highway Traffic Safety Administration, heavy trucks and buses account for about 60,000 rear-end crashes each year. With the new rule in place, the agency projects that AEB systems can prevent more than 19,000 of these crashes annually, saving 155 lives and averting almost 9,000 injuries each year. This rule will not only protect the truck and bus drivers but also everyone else sharing the road.
However, as with all technology, AEB systems are not without their challenges. Some manufacturers have faced issues with these systems activating without a clear reason. It is essential to keep refining the technology to ensure its reliability and effectiveness.
As you navigate the roads, be it in your car or on foot, you can expect to see an increase in the number of heavy vehicles equipped with automatic emergency braking systems. This enhancement, a blend of technology and regulation, aims to make the roads a safer place for everyone.]]>On Behalf of Carroll & Turner PSChttps://www.carroll-turner.com/?p=479662023-08-25T11:42:39Z2023-08-16T11:54:13Zyour insurer acted in bad faith. Thus, it is critical that you check specific elements with adequate evidence to back them up.
Substantiating insurance bad faith
In establishing a bad faith claim, you must prove your insurer’s noncompliance with paying per policy terms, their unreasonable denial of your claim and reckless disregard of your complaint.
For these factors to hold, you must gather the following information as proof:
Your insurance plan
Testimonies of expert witnesses
Your insurance company’s corporate rules
Any form of correspondence or communication between you and your insurer, including significant details of your interactions
The next step is to write an initial letter asking your insurer for applicable adjustments. They may choose to settle amicably. But should they decline to comply, despite your earnest efforts, then it may be time to file a lawsuit.
In pursuit of good faith
An auto accident, on top of a fight against your insurance company, could be too much to bear while you’re still trying to recover your overall physical and emotional wellness. But your legal team may ease your burdens and help you seek the compensation you’re owed.]]>On Behalf of Carroll & Turner PSChttps://www.carroll-turner.com/?p=479622023-08-25T11:43:12Z2023-07-26T22:07:06ZEarbuds and ear infections
A lawsuit in 2021 alleges that a particular pair of wireless earbuds from a known electronics maker led to "scabbing, flaking, and oozing" in consumers' ears. It started after the complainant discovered the material in her new earbuds made her ears itchy and sore. After contacting the company, she was advised to try different foam tips, which did not help.
According to the defective earbuds lawsuit, the company knew there were problems as early as January. However, the company did not recall the product or warn its consumers. As a result, consumers could still buy the defective earbuds months later. A few experienced an allergic reaction and had to seek medical care at their own expense.
Sometimes an ear infection is a result of using dirty earbuds. However, while consumers expect to receive safe and working products, a company may unknowingly release something defective occasionally.
Filing a product liability claim
It is the responsibility of manufacturers and sellers to ensure that the products they offer are tested and safe. Consumer safety is put at risk when there are flaws in a product owing to a design flaw, manufacturing error, or failure to notify customers about its hazards.
Users who experience harm or illness due to a product defect may consider holding the manufacturer or seller responsible. However, people need to be responsible buyers as well. Always read the instructions carefully before using anything you purchase; if you find a flaw, try to return the item if you can.]]>On Behalf of Carroll & Turner PSChttps://www.carroll-turner.com/?p=479602023-08-25T11:44:03Z2023-07-26T01:14:17ZReasons to get a second opinion
In addition to proving the validity of your claim, asking for a second opinion can be necessary if the insurance adjuster is not familiar with the kind of damage your property has sustained. It is possible an adjuster will miss damage that a specialist could have otherwise detected.
Nerdwallet explains that having an adjuster meet with an independent professional who has looked at your property might help the adjuster understand your position. This could be enough for your insurance company to approve the proper compensation.
People who can present a second opinion
Property damage can take many forms, so a variety of professionals can offer a second opinion. Independent contractors may examine structural damage to a home. In cases of multiple forms of damage, you might need the help of different specialists such as mold inspectors or smoke damage consultants.
Many people who dispute a claim get the help of a public insurance adjuster. Unlike an insurance adjuster, a public adjuster works on your behalf to determine if your damage estimate is correct and work with the insurer to come to a resolution.
Your specific situation will determine who can best provide you with a second opinion. Ideally, your insurer will accept a second assessment of your property and honor your claim. If not, appeals and possibly litigation might be options to secure coverage.]]>On Behalf of Carroll & Turner PSChttps://www.carroll-turner.com/?p=479542023-08-25T11:44:49Z2023-07-07T15:47:59Zthree million elders go to emergency rooms for fall injuries annually.
Also, most cases lead to nasty injuries, such as hip fractures or traumatic brain injuries. These cases might require extensive medical treatments, leading to considerable medical costs. The expenses could be overwhelming, especially if elders need to pay out of pocket. Treatments for fall injuries cost around $50 billion in 2015 alone, with only 75% covered by Medicare and Medicaid.
Elders could have limited financial resources to cover their medical bills. Usually, it is up to them and their family to take measures and avoid preventable falls.
Fall risk factors for seniors
Seniors could sustain fall injuries for various reasons. A combination of risk factors could result in these accidents, including vitamin deficiency, balancing issues, foot pain, medication side effects and obstructions cluttering the home. Fortunately, families could address these factors at home. However, elders could inevitably face these hazards when out in public.
Sometimes, poor design of walkways and roads could lead to slips and falls. Other times, establishments could fail to address unsafe conditions, such as wet floors and damaged facilities.
Recovering from a fall injury
Sadly, elders could suffer more severe consequences from a fall than other age groups because of their age and health condition. One incident might quickly drain their finances, putting them in a tough spot. If someone's negligence contributed to or caused their accident, they could take legal action to receive compensation and cover their damages.]]>On Behalf of Carroll & Turner PSChttps://www.carroll-turner.com/?p=479502023-08-25T11:45:15Z2023-06-07T17:10:07Zboating accidents in 2021.
If you want to have fun without worrying about your safety, consider the following tips:
Alcohol and boating do not go together
Despite a decrease in the number of boat accident deaths and injuries, alcohol remains the top contributing factor, accounting for 16% of fatalities in 2021. Exhaustion might set in after spending time in the water and from sun and wind exposure.
Alcohol impairs your judgment on its own, but when combined with fatigue, it becomes considerably worse. Without a clear head, you and other passengers on the boat put yourselves at risk of making the wrong decisions.
Without alcohol in your system, you can better spot potential dangers on the water, such as drunk boaters, sudden weather changes or submerged objects.
Keep your life jackets on
Whether you are a good swimmer or not, everyone on the boat should wear a life jacket. The U.S. Coast Guard reports that 83% of those who drowned while boating were not wearing a life jacket.
Many people who fall off a boat panic, making it harder to swim. If they hit a portion of the boat or inhaled water as they fell, they may become unconscious or injured and drown.
Have a float plan
A float plan is a document that outlines the details of your boating excursion and helps someone on land know where to start looking in case something goes wrong. Your float plan should include information about your boat, trip details, and the names of the operator and passengers. Before you leave, you can hand the float plan to a trusted friend, family member or the authorities.
Enjoying Kentucky’s waterways is a great way to unwind, but it is not without its dangers. Staying cautious will allow you to avoid preventable safety hazards in the water and keep everyone safe.]]>On Behalf of Carroll & Turner PSChttps://www.carroll-turner.com/?p=479472023-08-25T11:45:50Z2023-05-30T17:14:32ZOut-of-state car accidents
The Insurance Institute for Highway Safety’s fatal crash statistics reveals that Kentucky had 734 fatal crashes, with 38% of 806 deaths accounting for car accidents in 2021. Upon filing a police report and seeking medical attention, the next step is determining who will have to cover your injuries and other damages.
Regarding insurance categories in injury claims, Kentucky falls under the “choice no-fault” system with as much as $10,000 worth of “personal injury protection” coverage. Specifically, the system has the following indicators:
Your insurance company takes care of your medical fees, lost wages and other financial losses, regardless of who caused the crash. The other driver’s insurance policy should also cover their damages.
You may choose not to benefit from the no-fault system to uphold your right to sue the at-fault driver through a personal injury lawsuit. Similarly, this allows the other party to sue you if you’re at fault.
You may also file a personal injury lawsuit if your car accident met the state’s thresholds – you should have at least $1,000 worth of medical expenses, suffered from broken bones and other permanent physical dysfunctions, and death.
You must back up your monetary and physical hardships with substantial documentation through concrete evidence and witness testimonies. Additionally, consider that time is running from the date of your accident because Kentucky only gives you a year to file your claim.
Safety beyond state lines
Being an injured tourist gives you many concerns, all out of your comfort zone – your critical medical condition, your wrecked car, your insurance policy and the state’s laws. These can be overwhelming for you while recovering from a traumatic incident. There’s comfort in knowing that you can always get legal guidance because you shouldn’t have to navigate another state’s laws alone.]]>On Behalf of Carroll & Turner PSChttps://www.carroll-turner.com/?p=479452023-08-25T11:46:11Z2023-05-19T22:56:01ZTBIs often go undetected immediately after an accident, but they may manifest later with a variety of signs and symptoms.
This article will delve into how a traumatic brain injury could manifest after a car accident.
Initial symptoms
Following a car accident, individuals may experience immediate signs of a TBI. These symptoms can include confusion, disorientation, headache, dizziness, blurred vision or even a loss of consciousness. Any of these signs necessitate immediate medical attention.
Delayed symptoms
In some cases, symptoms of a TBI may not appear immediately after the accident. Delayed symptoms can include persistent headaches, changes in sleep patterns, mood swings, difficulty concentrating, sensitivity to light and sound or memory problems.
Physical manifestations
Physical manifestations of a TBI can include a wide range of symptoms. Individuals may experience physical weakness, coordination problems and persistent nausea or vomiting. These physical symptoms often indicate a serious condition and you should never ignore them or write them off as something else.
Cognitive and emotional manifestations
TBIs can also impact an individual's cognitive and emotional functioning. This can involve problems with memory, concentration, decision-making and problem-solving. On the emotional front, individuals may experience mood swings, irritability, depression or anxiety. These signs indicate a potential TBI and require a thorough evaluation by a healthcare professional.
If you experience any changes in your condition after a car accident, it is important to seek immediate medical attention. Early detection and treatment of a TBI can greatly improve the prognosis and help ensure a better recovery.]]>