KY Supreme Court Rules Widow Entitled to Benefits in Lexington Plane Crash

Ohio Supreme Court Rules Cops Can “Eyeball” Speeding Motorists

You Wont' Believe What This Trucker Was Doing When He Killed This Mother of Two....

Study About Kentucky Court System is Bogus

Trucking Company Involved in Second Worst Wreck In Kentucky History Has Poor Safety Record.

A fatal Kentucky accident put semi trucks on the front page news of Louisville’s Courier Journal newspaper. After a wreck between a semi and a passenger van left 11 dead, reporters began to dig deeper into truck accidents and found some unsettling facts.

The springboard of the reports resulted from a serious accident that occurred in the early morning hours of March 26^th. A large Mennonite family and other close friends were traveling to a wedding when their van was hit head on by a tractor trailer that had broken through the cable barriers at the median across I-65. According to the article, this wreck was one of the deadliest in Kentucky since the May 14, 1988 crash in Carroll County between a bus full of my classmates from North Hardin and a drunk driver.

The National Transportation Safety Board (NTSB) created a six-person investigation team to uncover more details of this wreck. They have yet to determine an exact cause of the accident or a reason why the truck veered off course. Days later, the trucker was identified by the Courier-Journal as Kenneth Laymon who drove for Alabama based company, Hester, Inc.

According to federal reports cited in a later Courier Journal article, “Large trucks in Kentucky account for a disproportionate share of the state's fatal crashes…” The Kentucky State Police records show that in 2008, trucks made up 4.6 percent of the state's registered vehicles but unfortunately a disproportionate 8.9 percent of its tragic accidents. Even more disturbing is that accident statistics prove similar nationwide.

Things are being done to try to combat the problem. Recent legislation disallowed truckers to text while driving and a new federal regulation will require trucking companies that repeatedly violate driver time limits to install electronic recorders that track how long truckers spend behind the wheel according to an Andrew Wolfson article. Transportation Secretary Ray LaHood sees the regulation as a way of reducing the number of accidents caused by sleeping drivers. It is suspected, though not confirmed, that the lack of brake marks could indicate dozing off could have been the cause behind the Mennonite crash. The problem however is that according to the Federal Motor Carrier Safety Administration, recorders will only be required for companies flagged during on-site reviews but only about 2 percent or less of the 750,000 U.S. trucking companies are reviewed on-site throughout the year.

Thanks to the American Association for Justice (AAJ) citizens can do a search state by state of trucking companies and their violations through the Violations Database.

hp

ps be sure to download or FREE E-Book "What The Insiders Don't Want You To Know About Semi-Truck Wrecks."

The Tort Reform Myth Explained....

Below is Andrew Cohen's insightful piece in the Atlantic....

Tort Reform Is Anti-Democratic (And Ingeniously Marketed)

Feb 10 2010, 9:52 AM ET

Drunk Drivers Get Locked Out....

Toyota Accelerator Problem May Have Caused Car Wreck That Led To Criminal Conviction

Can The Tobacco Companies Get Any More Evil.....

According to Florida law, “plaintiffs who obtain a significantly smaller judgment than a rejected settlement offer must pay the other side’s attorney fees.” Particularly in Florida, but also around the country tobacco companies have been offering settlement amounts as low as $500 in wrongful death and negligence cases.

Fear on the side of the potential plaintiffs of having to pay opposing attorney fees has caused numerous people to drop tobacco lawsuits. Such was the case with Jerome Cohen of Fort Lauderdale. According to Cohen’s attorney, his client, who suffers from lung cancer, dropped the case because of medical reasons. But Philip Morris USA parent company Altria Group Inc. said the settlement was to avoid paying company legal fees in the case of a loss at trial. Regardless of the reason, Cohen ended up with a mere $1,000 settlement. Two other Florida plaintiffs had to pay $100,000 and $30,000 after losing a trial recently.

Altria and other tobacco companies contend that the majority of cases against them are either ill prepared or flawed and in many cases believe that the small settlement amounts they offer are equivalent to what the claims are essentially worth.

hans

Louisville Bat Maker Hit With $850k Verdict

            WAVE 3 announced the verdict on October 28^th regarding the case against the maker of Louisville Slugger bats, Hillerich & Bradsby. Guilty. The Lewis & Clark County District Court in Helena, Montana found H & B guilty for failing to place a warning label on aluminum bats the company produced which played a role in the death of 18-year-old Brandon Patch in 2003.

            Judge Kathy Seeley ruled in favor of the Patch family and ordered H & B pay $850,000 in damages. In 2003, Brandon Patch was struck in the head with a baseball coming off of an H & B aluminum bat while pitching in an American Legion baseball game. Attorneys for the Patch family argued that Brandon did not have enough time to react to the ball being hit before he was struck by it. The plaintiffs contended that baseballs hit off of aluminum bats fly at a greater velocity than those off of wooden bats. Although the jury ultimately concluded that the Hillerich & Bradsby aluminum bat was made according to standards and not in any way defective, it still should have contained a warning label for users.

            The Patch lawsuit is just one of several over the past few years against the company because of baseball related accidents. Included are a New Jersey family whose son suffered brain damage after he was struck by a line drive off of an aluminum Louisville Slugger and the parents of an Oklahoma teenager who endured severe head injuries after a similar incident according to an Associated Press article on the case. This is also not the first time aluminum bats have come under fire. Michael Rand of the Minneapolis Star Tribune recorded an account from eight years ago that listed numerous instances of aluminum bat related accidents and injuries. He mentions that before the 1999 baseball season, the NCAA adopted new rules relating to the size of aluminum bats which were copied by The National Federation of High Schools 2 years later.

            The latest verdict is just one of many from the past and left to come against aluminum bat manufacturers. Hillerich & Bradsby Vice President of Corporate Communications Rick Redman released a statement following the verdict expressing the company’s condolences to the family but stated that it was an emotional court decision. Redman maintained that the company violated no rule governing the production of the bat and stated, “The verdict that our company ‘failed to adequately warn of the dangers of the bat’ has left us puzzled. It seems contradictory for the jury to say the bat is not defective but our company failed to warn that it could be dangerous. It appears to be an indictment of the entire sport of baseball.” Reactions to the ruling have resulted in mixed responses but Hillerich & Bradsby have no plans for an appeal.

DWT--Driving While Texting. Death on Kentucky Roads

Will Kentucky pass laws prohibiting texting while driving?  Well, there is a bill pending in the Kentucky state legislature that could do exactly that in 2010.

Rep. Rick Nelson, D-Middlesboro, has prefiled a bill for consideration during the 2010 regular session that would make “texting” while at the wheel a no-no.  It also would prohibit drivers under the age of 18 from using any cell phone. Violators would face $50 fines.

The Kentucky State Police’s annual report for traffic collision stated there were a total of 962 reported accidents caused by cell phones in 2008. The true number is actually much higher, but a lot of people will not admit to using their phone at the time of an accident.

A study conducted by the Virginia Tech Transportation Institution concluded that a driver who is texting is 23 times more likely to be involved in an accident. But even if the bill is passed, it could be difficult for police to enforce.

According to Transportation Secretary Ray LaHood, some statistics show that nearly 6,000 people were killed and more than half a million were injured on America's roads last year in crashes linked to texting or talking while driving. As a result, more than 25 states have created some type of law restricting drivers from texting while operating their vehicles and many states have already proposed similar legislation, though it has not yet been passed.

Nevertheless it seems some states have been sending mixed messages, almost literally, when it comes to texting while driving according to a USA Today article from mid September. In the piece, Associated Press writer Andrew Demillo explains the possible contradiction resulting from certain states, including those with cell phone laws, sending traffic updates to drivers via text message or Twitter updates. The states argue that these updates are not cause for concern because they stress to drivers to check their messages and updates prior to leaving for their destination. However there are times when these “tweets” turn into an exchange of conversation between motorists and state officials, as demonstrated in Demillo’s article one user posted, “any idea what's going on westbound on 520? It's worse than rush hour..," and within a few minutes, officials responded: "Yes! There is a disabled vehicle just east of Lk Wash Blvd blocking right lane." The danger arises when these types of exchanges are being conducted while moving.

Amidst the talk of texting bans, one large group of motorists was at first absent from the conversation, truckers. In a report by Montana’s News Station, High Plains Owner and Operator Doug Landru was quoted in response to distracted drivers saying, “People don't realize they're sitting in a 4,000 pound weapon.” On the same token, distracted truck drivers are often behind the wheel of roughly 80,000 pounds and in most cases doing so while operating cell phones, radios and even laptops. But to that, Landru commented that to him a cell phone and internet are vital and Oregon trucker Edwin Parrish agreed saying, “Being able to check my text messages or my email messages, I'm able to know when I'm supposed to be some place.”

 Fox 4 out of Kansas City, MO reported that several trucking companies are concerned about a texting ban because they use on board computer systems for communication. Nevertheless, a study at Virginia Tech University found that truckers driving while using the computers were 10 times more likely to have an accident. Often, the devices are disabled for use while driving, but not all are turned off and there is no way to tell whether or not they are being used while operating the vehicle. According to LaHood, the Obama administration will ban texting by truck drivers and restrict the use of other in-cab technologies as part of its effort to eliminate distracted driving.

Texting while driving has become such an issue in Kentucky that a statewide media campaign has been launched including a public service announcement by a Louisville girl involved in a wreck due to texting.

hp

The Secret Reason Why There Are So Many Semi-Truck Wrecks…

It is a well known fact that the odds of you, your car, truck or SUV winning in an interstate battle with an 18-wheeler are slim to none.  So far in September, Kentucky has seen the effects of semi-truck accidents when an I-64 accident killed a Mt. Sterling man, and a Daviess County woman was struck on Audubon Parkway on the same day. But most people may be unaware of why these accidents are happening in the first place. We all know that foul weather, icy roads, alcohol are often catalysts precipitating car and truck accidents, and for the most part, most drivers often increase their efforts to avoiding the road during these times.

So it may surprise you to learn in 2002 71% of truck accidents in Kentucky occurred in good weather and on dry roads, 75% occurred during the daytime and 88% on weekdays when driving is part of the daily routine. In fact, there were no contributing weather conditions at all in 78.6% of Kentucky truck accidents.

So if bad weather isn’t causing the wreck, what gives?

One of the top reasons for accidents is driver fatigue which can lead to dozing off or distraction related accidents in Kentucky and across the nation.  According to the Insurance Institute for Highway Safety, “truck drivers behind the wheel for more than 8 hours had a twofold increase in crash risk…truckers’ long work hours cause sleep deprivation, disruption of normal sleep/rest cycles and fatigue.” Despite this statistic, in 2004 a new federal work rule went into effect allowing truck drivers to drive for up to 11 hours per day.  And this was an improvement over the previous rule!  The new rule’s goal was to improve safety but the Institute's survey showed the opposite as truckers are using new provisions to squeeze even more driving hours into the week. Just see this blog post by a real trucker who seeks to unveil the truth behind the profession.

And the driving force in money! Truck drivers drive more hours to get deliveries dropped off faster which then leads to more deliveries and essentially more money and higher satisfaction.  According to the National Highway Traffic Safety Administration, driver fatigue is responsible for an estimated 100,000 motor vehicle accidents and 1500 deaths each year.

Let’s put two and two together. Sleepy truck drivers plus sleepy car drivers equal accidents. Not to say that there aren’t a plentiful variety of other reasons causing truck accidents, but this is a factor each of us can control to some degree.  I know that if there was one thing that could prevent me from being in an accident, I would make sure to keep it in mind. Perhaps being alert and awake can help us recognize and avoid other drowsy drivers.  So get more sleep!

Hans Interviewed on 840 Whas On Commonwealth Dodge 100mph Accident Case

Is Commonwealth Dodge Liable for Fatal Wreck on Fern Valley Rd

Why The Michael Jackson Wrongful Death Lawsuit May Be Worthless....

The Lucky 13

1. Elvis Presley ($52 million)
2. Charles M. Schulz (Peanuts + Snoopy = $33 million)
3. Heath Ledger ($20 million)
4. Albert Einstein ($18 million in 2007, think Baby Einstein videos!!!)
5. Aaron Spelling ($15 million)
6. Dr. Seuss (Theodor Geisel)($12 million)
7. John Lennon ($9 million)
8. Andy Warhol ($9 million)
9. Marilyn Monroe ($6.5 million)
10. Steve McQueen ($6 million)
11. Paul Newman ($5 million)
12. James Dean ($5 million)
13. Marvin Gaye ($3.5 million)

How (Not) to Hire a Lawyer....

Generally speaking, television and radio advertisements are a bad way to find an attorney. Many advertisements are paid for by referral agencies, which collect large numbers of calls and then divide them up between member attorneys. Even when the advertisements are paid for by a law firm, often many of the cases are referred out to other firms who share the enormous cost of advertising. Most of the time, the attorney with the big advertising campaign will not have an office near you. Unless your case is worth a lot of money, you may well find that you are quickly referred to a different firm or that you can't get much attention for your case. There is something very important to remember, when it comes to hiring a personal injury lawyer -- some of the best personal injury attorneys do little or no advertising. They get their cases through "referrals" from other attorneys, due to their reputations for doing good work and getting good results. Should I hire the guy with the big "yellow pages" ad? If you look at the "full page" ads in the yellow pages, you will likely find that there are two types. The first type is an ad for a local attorney, who has chosen to pay for the full page. The second type is an ad for an attorney from outside the area, sometimes from the same attorney who runs the huge television ad campaigns. Typically, the biggest ads are from "personal injury" firms, who hope that their large advertisements will bring them large numbers of injury cases. The better personal injury attorneys and firms typically do pay for full-page ads. However, as was previously noted, some of the best personal injury attorneys do little or no advertising at all. Also, there are many attorneys who buy the largest ad that they can afford, in order to make their practices appear better than they really are. If you look through the yellow pages, you will see that most attorneys claim to specialize in "personal injury" cases. Many of these attorneys have handled very few personal injury cases, and some have never had even a single personal injury case. The yellow pages can provide some degree of confirmation that a particular law firm is established, but even a big advertisement does not certify that a firm is qualified to handle your case."

Hans

"Admit nothing. Deny as much as possible. Stall. Protect, protect, protect. Blame somebody who isn't here to protect himself."

Leveling The Playing Field...

Guess What Forbes Magazine Says We Need More Of? The Answer Will Shock You....

It's no secret that Forbes Magazine hates lawyers.  Especially trial lawyers.  After all, aren't the trial lawyers the ones running the economy into the ground, forcing those nice insurance companies to raise premiums and making it impossible for doctors to deliver babies? (don't forget trial lawyers are also probably responsible for acide rain, global warming, famine, locusts, termites, etc.)

So, why is Forbes now saying we need more trial laywers, not less?!  Well it seems that Forbes is concerned with all of the foodborne illness that come from contaminated foods that are not properly prepared or packaged.  William Baldwin writes "One possible solution is more government and more laws. Those familiar with the proclivities of this magazine will not be surprised that I take a dim view of this solution (and, in particular, of the proposed Food Safety Modernization Act, which would bury food preparers in paperwork). No, I would prefer to have the same government and the same laws, but--here's the surprise--more tort lawyers."

Baldwin concludes by saying "Add technology to tort law and you get a powerful force for safety."

Something us trial lawyers have known and preached for a long time.  However, it isn't limited to food, you can thank lawyers for seatbelts, airbags, kids pajamas that don't burst into flame, and a million other things that keep people safe.  It's about time someone over at Forbes recognized the vitally important role lawyers play in society.

hans

FDA Warns "Stop Using This Diet Drug RIght Now."

The following products are covered by this voluntary recall:

• Hydroxycut Regular Rapid Release Caplets
• Hydroxycut Caffeine-Free Rapid Release Caplets
• Hydroxycut Hardcore Liquid Capsules
• Hydroxycut Max Liquid Capsules
• Hydroxycut Regular Drink Packets
• Hydroxycut Caffeine-Free Drink Packets
• Hydroxycut Hardcore Drink Packets (Ignition Stix)
• Hydroxycut Max Drink Packets
• Hydroxycut Liquid Shots
• Hydroxycut Hardcore RTDs (Ready-to-Drink)
• Hydroxycut Max Aqua Shed
• Hydroxycut 24
• Hydroxycut Carb Control
• Hydroxycut Natural

New York Times Exposes Hired Gun Doctors

Jury Awards $24 Million in Truck Wreck Case

$24 million award in fatal truck crash

$65 Million Dollar Semi-Truck Wreck Verdict

Kentucky Supreme Court to End Inequity Dealing With Loss of a Spouse (Hopefully)

The Myths of Arbitration