Kentucky Personal Injury Lawyer Blog

In January of 2009, a Louisville, Kentucky Federal Court ruled on a Louisville car accident case. The case is captioned Norton v. Canadian American Tank Lines, 2009 WL 86603 (W.D.Ky.). In Norton, Mr. Norton collided with the rear of a tractor-trailer that was parked by the defendant on the side of a road. The driver was inside the sleeper cab of the tractor asleep when the accident occurred. The accident occurred at approximately 6am. The night before the accident, the driver of the tractor trailer parked on the side of the road with the left tires of the vehicle on the pavement, and the right tires on the grass shoulder. The tractor trailer extended seven feet into the roadway. The driver placed no warning devices such as reflective triangles or flares in the roadway.

Mr. Norton in his Louisville car accident case alleged that the driver was negligent in the parking of his vehicle and that this negligence was the proximate cause of his injuries. Mr. Norton claimed the driver was negligent because he violated a statutes (negligence as a matter of law) and because he breached a general duty of care (ordinary negligence). The court reviewed the applicable statutes and case law. The court reviewed case law from the 1930’s and the 1950’s. And after careful reasoning, it determined that the defendant did in fact violate a state roadway statute and thus was liable according to the rule of negligence per se. And as the driver was negligent as a matter of law, his employer is vicariously liable for the injuries that were caused by his negligence. So, in this case, Plaintiff’s Louisville car accident lawyer won and the court granted Plaintiff’s motion for summary judgment.

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Renting a car is a very common occurrence when one travels. And in each state, the requirements for renting a car are somewhat different. As it goes to insurance, some states make you show proof of insurance, while others do not. Some states make you purchase the car rental insurances, while others do not. Thus the question one asks oneself when one does not purchase the additional insurance coverage is “Am I covered under my own insurance policy?” or “Am I covered under the insurance policy of the primary person who is renting the car?” or "Am I covered by my credit card?" All good questions that a Kentucky car accident lawyer can answer for you.

As per the below video suggests, it is always good to get car rental insurance.

Recently in Kentucky, the Stacy family had a car rental insurance case decided by a Kentucky court. Mr. Donald Stacy and his daughter Kim Szajka rented a car from ABC Rent-A-Car while on a trip to Arizona. The car rental contract was with Kim as the primary driver and Mr. Stacy as an additional driver. Both refrained from purchasing additional insurance coverage. Mr. Stacy was insured by Shelter Mutual Insurance Company (“Shelter”) and Kim was insured by Allstate Insurance Company (“Allstate”). Allstate was the only insurer listed on the rental agreement.

While in Arizona, Mr. Stacy was driving the rental car while Kim was not in the car. He was rear ended by an uninsured driver. He sustained bodily injuries and incurred medical expenses. The property damage to the car was $13,237.26.

After the accident, Kim filed a lawsuit against both Shelter and Allstate for the amount of the property damage. Mr. Stacy joined in the suit and sued both insurance companies as well. Eventually Kim’s suit was resolved, but Mr. Stacy’s lawsuit continued with his Kentucky car accident lawyer.

Allstate at trial moved for summary judgment claiming that Mr. Stacy did not qualify as an insured person or a resident relative of an insured person who would be protected by Allstate’s coverage. The trial court reviewed the Allstate policy regarding who an “insured person” was and what an “insured auto” was and came to the conclusion that Mr. Stacy was in fact not an insured person and that the rental car was no in fact an insured auto. Mr. Stacy appealed. The appellate court agreed with the lower court. (Stacy v. Allstate Insurance company, 2009 WL 1349228 (Ky.App)).

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Recently, in December of 2009, the appellate court upheld the decision of the lower trial court’s ruling. In Slone v. Ibert (2009 WL 4723135 (Ky. App.), the driver of a car was found to be not liable for the damages of the collision because he blacked out before the crash. A review of this case is to follow by car accident lawyer Andrew Alitowski.

On November 6, 2003, a Mr. Ibert was employed by Oldham’s Truck and Car Source in Lexington, Kentucky. Mr. Ibert was driving a Ford Expedition to show a potential customer. He was driving down a road when he struck Mr. Slone’s car in the rear. At the time of the accident, Mr. Slone was stopped at a red light. At the scene of the accident, Mr. Ibert reported that he lost consciousness as he approached the red light. Both drivers were taken to the hospital.

The hospital records for Mr. Ibert did show an elevated level of carbon dioxide in his blood which could be a sign of someone passing out. Also, during the trial, a Dr. Martin testified that Mr. Ibert was also falling asleep during his examination in the ER. Dr. Martin believed Mr. Ibert may have sleep apnea. This was later confirmed by another doctor a year later.

On July 11, 2004, Mr. Slone field suit alleging physical and mental injuries. He claimed he experienced a worsening of preexisting back pain, the onset of new shoulder pain which required surgery, and a worsening of a preexisting bipolar disorder. These were all claimed by his car accident lawyer.

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In Kentucky, the Court of Appeals ruled recently in a Kentucky personal injury case that a Plaintiff did not have a case for which he was injured. The facts of the case are very interesting. Jerry and Marilyn Sadler sued J.A.M. Co. Restaurants for personal injuries that they received on May 18, 2006. On that evening, they went to an Arby’s restaurant for dinner. Approximately 100 feet away there was a Movie Gallery movie rental store. The two businesses were owned by different owners. When the Sadlers got the restaurant the weather was ok, but then it got dark outside and windy and debris started to fly around. The roof of the Movie Gallery broke loose and flew toward the Arby’s restaurant. The Sadlers were seated by the window in a booth. When the Sadlers saw the roof coming at them, they got away from the window. The roof hit the window and debris flew everywhere and the Sadlers were knocked to the floor. As a result of the personal injury accident, Marilyn suffered numerous cuts to her body. Jerry suffered a fractured right arm and cuts.

On May 15, 2007, the Sadlers filed their Kentucky personal injury lawsuit. On October 13, 2007, the defendants filed a motion for summary judgment asking that the case be thrown out in that they stated there was no cause of action or theory of recovery that would allow the Sadlers to maintain their lawsuit. As discovery was still going on, the Court denied the motion on October 23, 2007 as premature. But, then on April 8, 2008, 6 months later, the defense filed a renewed motion for summary judgment after deposing the Sadlers arguing that there was no theory of negligence upon which the Sadlers could prevail at trial since the defendant did not own the Movie Gallery building and the Sadlers could not produce any evidence of negligence on its part. The Sadlers responded that the defendant could still be negligent because the construction of their store could have been faulty or not done in a safe manner. But they did not produce any evidence of this exepct for their affidavits which were of their own belief.

On May 21, 2008, the trial court entered an order granting the defendant’s motion for summary judgment and in essence throwing out the plaintiffs’ personal injury case. Summary judgment in a Kentucky personal injury case is appropriate only when “it appears that it would be impossible for the respondent to produce evidence at the trial warranting a judgment in his favor.” Id. In this case, the court found that the defendant did produce an affidavit that clearly stated it did nothing wrong and had no ownership of the other building. The plaintiffs responded with only their affidavit and nothing more from any expert. Thus, the appeals court ruled that the lower court’s ruling of dismissing the case was proper and valid.

If you have been the subject of a personal injury case, please call and speak to a personal injury lawyer at the Law Offices of Andrew S. Alitowski at 888-ASK-ANDREW (275-2637) or contact us online. We are available 24 hours a day, 7 days a week.

If you are injured…Ask Andrew!!!

As the 2009 year comes to an end, I would just like to thank all of my clients that I have helped in this past year and in years past. As a Louisville Personal Injury Car Accident Lawyer, it has been my privilege to assist the numerous friends and families that I have come across. I am very happy that I am able to assist those families that do not speak English and only speak Spanish, in that I know speaking to them in their native language makes a Louisville car accident that much easier to deal with.

Louisville Personal Injury Car Accident Lawyer Andrew S. Alitowski is available to speak and meet with any potential client 24/7. My law firm direct number goes straight to my cell phone after regular working hours so that I do not miss a call. A Louisville car accident does not just happen between the hours of 9 to 5. Thus, if you or a family member or friend are injured at anytime during the day or night, all you have to do is call 582-9100 or the 888-275-2637 number and I will be able to assist you with any Louisville car accident question that you may have.

I do wish everyone a happy and healthy holiday season. I hope that every remembers to be safe on the roads when driving home, not just from your party, but also to drive a little more defensively in that others too are coming from their parties and may not be as safety conscious as you may be while they are driving down the roads. An ounce of prevention is worth a pound of cure. Also remember that the roadways may be slick from ice or snow and that there can be "black ice" on the roadways.

I look forward being able to serve you, a family member or friend in the near future if the situation arises. I enjoy being a Louisville Personal Injury Car Accident Lawyer and wish you all a wonderful 2010.

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Yesterday in Kentucky, a young gentleman was killed in a car accident after his car struck a tree on Cedar Point Road in the Buckner area. (Please see article). His passenger was taken to University Hospital with serious injuries.

It is alleged that the car lost control and struck a tree. The reason this is important to a Kentucky Car Accident attorney is that to qualify for uninsured motorist coverage in Kentucky, there has to be a touching involved between this vehicle and another. The news report "claims" that the vehicle lost control. But, what if that is not the case? What if the vehicle was actually side-swiped? Or hit in the rear? Without talking to the passenger or a reliable witness, a Kentucky Car Accident attorney cannot rule these things out.

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In Kentucky, a recent Kentucky Supreme Court ruling has expanded spousal rights to sue for loss of consortium. The old law in Kentucky for a personal injury wrongful death case was that a spouse was entitled to loss of consortium up until the time that the other spouse died. But, with recent large accidents that have left a lot of spouses without their loved ones, such as the 2006 Comair Flight 5191 crash in Lexington, Kentucky, and widows of deceased miners, the Supreme Court took it upon itself to change the law. As a personal injury lawyer, Mr. Alitowski can explain to you all you need to know about personal injury wrongful death cases.

The case that helped change the law was a case where a wife, who had a husband who was disabled and completely dependent on his wife, was involved in a car accident. She died on the way to the hospital. The husband sued for loss of consortium and the jury awarded him damages, but the trial court only allowed the damages for his loss during the short time between his wife’s accident and her death. The Kentucky personal injury wrongful death law had been common law which only allowed damages for loss of consortium up to the time of death. The husband appealed and the Kentucky Supreme Court reversed holding that common sense would allow damages for the loss of marital companionship for the time after death. It used to be for only during the time between wrongful injury and death, but the Kentucky Supreme Court has now expanded the time for a spouse in which he or she can recover. And in the case of the man who was disabled and completely relied on his wife, you can see how this new ruling really makes sense.

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Airbags were first invented and placed into vehicles back in the 1970’s. But, it was not until the mid 1980’s did they become more common. In 1998, the United States mandated that all vehicles be equipped with dual front airbags.

The car airbag evolution continues as scientists think of more advanced ways of saving lives. In 2008 Toyota came out with a rear curtain shield airbag to protect the rear occupants. In 2009, Toyota came out with a rear-seat center airbag to help protect occupants incase of a side collision. And in 2009, Lexus has come out with a seatbelt airbag which is basically that the actual seatbelt inflates when the car accident occurs. These are great new items, says Kentcucky car accident attorney, Andrew Alitowski.

Though airbags are made to save lives, unfortunately sometimes they do not function or function improperly and injuries from them deploying do occur. Thus whenever you are in a car you should always wear your seatbelt. You should not rely on a car airbag to save your life. Second, you should stay well back from the steering wheel. Studies show that the height of a driver or passenger does affect the outcome in a car accident from a seatbelt and so this should be considered when entering a vehicle.

Third, when driving, you should keep your hands at the 10 and 2 positions. This will help protect you incase of the airbag going off, your arms won’t hit you in the face. Fourth, do not drive leaning over the steering wheel. Fifth, make sure children in the car are in the back seat; secured in car seats if so mandated. Unfortunately, children and infants are at the highest risk of sustaining injuries from a airbag going off. And sixth, if you have a passenger in the back seat, do not have dry cleaning or anything else hanging from the sides because if the side airbags go off, these items can become objects that hit and can cause injuries to those passengers. Mr. Alitowski as a Kentucky car accident attorney can help explain these things to you.

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In the State of Kentucky, car accidents are by far the most common way for a child to get hurt. Throughout the country, the statistics are that nearly 250,000 children are injured every year in a car accident. That comes out to roughly 700 children are injured due to a car accident every day.

Approximately 2,000 children die from car accident injuries every year. That is about 5% of all the car accidents involving a child. For children between the ages of 2 and 14, motor vehicle accidents are the leading cause of death. And 20% of the deaths of children invovle someone who is intoxicated.

So what can we do to better protect our children?

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The State of Kentucky is not one of the safest places to walk around. As compared to other states that have more walkways and side pathways, Kentucky is not as well equiped to handle pedestrian traffic as are some other states. In a recent study of pedestrian safety, Kentucky was the 7th most dangerous city for walking.

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One of the most basic safety tips that can be given to any driver is on how to become a better and safer driver by understanding the car’s blind spots. A blind spot is an area of the road that you cannot see while driving and looking forward that you need help with by utilizing your mirrors correctly
Unfortunately, most drivers in Louisville, Kentucky do not understand how to set up their mirrors correctly. This is something so simple that is often over looked and not correctly taught to new drivers.

The most basic rule is that if you are ever driving behind a car and that driver in the car in front of you can see you directly behind him/her with his/her side view mirrors, then you know that the car in front has his/her side view mirrors positioned completely wrong and that he/she cannot see his/her blind spots.

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A very common injury in a Kentucky car accident is a bulging disk or herniated disk. Though the two are similar, they are different.

Your spine is made up of vertebrae and disks. The disks in between the vertebrae act as cushions. They help absorb the shocks of every day bending and twisting. Without them, the vertebrae would grind on each other and wear out. But, these disks are spongy and good cushions. If you would like to see a picture of these in person, you can speak to me, a car accident attorney, and see a picture of these in person.

A bulging disk is when one of these disks simply extends outside the space it should normally occupy. If the disk is like a hamburger in between a bun, then a bulging disk is when the hamburger sticks out just a little bit outside the bun. As you get older, a bulging disk becomes more and more common.

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Two weeks ago, on September 17, 2009, Pleasure Ridge Park High School football coach Jason Stinson was acquitted of reckless homicide and wanton endangerment in the August 20, 2008 heat-stroke death of Max Gilpin, a sophomore lineman. The jury was made up of 8 men and 4 women. This was the nation’s first criminal trial of a football coach in a player’s heat-related death. (See the article from the Louisville Courier Journal )

The State of Kentucky has a Kentucky High School Athletic Association governing body. This association covers many areas. One of them is child safety. And per their rules and regulations, Coach Stinson was being tried criminally for failing to follow the heat index rules and thus causing the death of Max Gilpin. The rules for any and all to see are at: http://www.khsaa.org/sportsmedicine/heat/

Coach Stinson will now have to face a civil trial. This is very common in death cases such as this.

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