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Kentucky Accident Attorney

3/2/2010
Hans G. Poppe
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Drunk Drivers Get Locked Out....

Seeking to reduce the number of Kentucky car wrecks, Kentucky's legislature is considering a new law that would require ignition locks for people convicted of DUI.

2/10/2009
Hans G. Poppe
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Stripper Sues Employer Because She Got Too Drunk From Customer's Buying Her Drinks

An update from the News of the Weird.  A woman contends that her job as a stripper caused her to have a one-car wreck on her way home from work last year, according to a lawsuit filed in Jefferson County Circuit Court in Birmingham, Alabama.

Patsy Hamaker's suit says part of her job as a dancer at The Furnace club in Birmingham involved encouraging customers to buy her alcoholic drinks.

The suit alleges that managers at the strip club allowed her to leave work drunk one night last fall. She wrecked her car, resulting in serious injury, according to the suit.

Dancers receive a percentage of drink sales and make pretty good money doing so, according to the suit. On Oct. 17, Hamaker's sales were successful enough that she left work "in a highly intoxicated state," according to her suit.

"Defendants ... allowed a dangerous condition to exist by allowing said plaintiff to leave its establishment in such an intoxicated state while under said defendants' supervision and control," the suit says.

Management's negligence by allowing her to drive home drunk "was a proximate cause" of Hamaker's injuries, the suit says.

Hamaker seeks compensation for her injuries and additional money to punish the club. The case has been assigned to Judge Caryl Privett.

Hamaker's lawyer, Alan Smith, declined comment on where his client lives or whether she still works for the club.

"We won't talk about our client," Smith said. "We're not willing to talk about the case at this point."

As they say on one of my favorite Saturday Night Live Weekend Update segments...REALLY?!!!

 

Hans

 



2/9/2009
Hans G. Poppe
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Drunk Driver Kills Friend in 1993 and then Female UK Co-Ed in 2008

A Kentucky man was recently convicted following a hit and run truck wreck that took the life of University of Kentucky Co-ed Connie Blount; however, this was not Shannon Houser's first run in with the law, nor is it the first time he has had a car accident that has killed someone.

In 1993, Houser was arrested and charged with DUI manslaughter following a car wreck on Russell Cave Road in Lexington, Kentucky that killed his friend .  Houser received probation after his victim's parents wrote Judge Mary Noble asking for leniency. 

In 2008 Shannon Houser struck Connie Blount, 18, with his pickup in the early morning of April 13. Blount, who investigators have said crossed Broadway against the light, had knelt down in the street, according to testimony.  Houser then left the scene of the wreck.

Last Thursday, a Fayette County, Kentucky jury found Houser guilty of attempting to tamper with evidence, and not guilty of marijuana possession. Later Thursday, the jury unanimously recommended that Houser be sentenced to five years for the tampering charge and one year for leaving the scene of an accident. Judge James Ishmael set the sentencing hearing for March 6, 2008.  The jury recommended a six year sentence.

It's unlcear whether Blount's family filed a civil suit against Houser, but if they did Houser could he held liable for compensatory damages (pain and suffering and the loss of Connie's power to labor and earn money) as well as punitive damages for Houser's gross negligence.  As an interesting aside, in a civil case, it may not even be admissible that Hanover left the scene since it wouldn't be relevant to the question of whether Hanover was negligent in causing the wreck (according to testimony, Connie was kneeling down in the middle of the street when the wreck occured). 

Based on Houser's criminal record, I doubt he would be the type of responsible person that purchased enough insurance to compensate for such an enourmous loss.  This is a good example of why it's important to purchase Uninsured and Underinsured coverage of your own.  This type of insurance protects you if someone else causes an accident and doesn't have enough insurance.  Talk your agent about this after reading my Free Special Report; Secrets to Buying Car Insurance

hans


1/28/2009
Hans G. Poppe
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What Event Precedes The Day Most Car Wreck Occur...

According to research from the University of California at Berkeley School of Public Health, the first snowy day of the year is substantially more dangerous for drivers than other snow days in terms of fatalities. Fatal accidents were 14% more likely on the first snowy day of the season compared with subsequent ones, according to research compiled from 1975 to 2000. Fatal accidents were 7% less likely on snowy days on the whole, when compared with good-weather days. The chances of having a fender-bender, on the other hand, increased.

Tomorrow we'll reveal the most dangerous driving day of the year.

Hans

1/26/2009
Hans G. Poppe
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The Most Dangerous Time of Day to Drive is ...

If you don't want to be killed in an automobile accident, there are certain times of day that you should avoid being on the road.  According to the International Institute for Highway Safety, an average 6.6 people are killed between the hours of 5 p.m. and 6 p.m., and another 6.6 between the hours of 6 p.m. and 7 p.m. Those rates are the overall highest of any time during the day. In 2007, 14,055 people were killed in the 5 p.m. hour. But the hours between midnight and 4 a.m. have the highest number of fatalities when calculated as a percentage of the amount of people on the road, according to AAA. During that time, statistically speaking, 5.87 per 100 million people on the road will be killed.

Tommorow we'll reveal the most dangerous month of the year to drive.


Hans
ps Download our Free Report- What The Insider's Don't Want You To Know About Semi-Truck Wrecks.

1/25/2009
Hans G. Poppe
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What is The Most Dangerous Day of the Year to Drive...

July 4, Independence Day, historically has been the most dangerous day of the year to drive, according to the IIHS. In 2007, 926 people were killed in auto accidents on July 4.

Tomorrow we reveal "The Ten Worst Winter Driving Mistakes."

Hans

 

 



12/8/2008
Hans G. Poppe
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Radcliff Man Dies in Fatal Louisville Wreck With Drunk Driver...why his estate might not have a case

According to the News Enterprise, a Radcliff, Kentucky man died Friday in a fatal car crash on the Gene Snyder in Louisville..  Even though the other driver was intoxicated, the deceased's estate may not have a good case against the drunk driver.  That's because the Radcliff man was not wearing a seat belt and was ejected from the car.
Kentucky has a seat-belt defense that prevents someone from recovering for their injuries if a wearing a seat-belt would have prevented them
In order to succeed, his estate will have to prove that even if he had worn a seat belt, he still would have suffered severe injuries or death.  In situations such as this, we usually hire a biomechanical engineer and an emergency room physician to evaluate the forces and injuries to determine whether a seat belt would have prevented the injuries or not.  Tough case.

hans

12/7/2008
Hans G. Poppe
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Kentucky Truck Driver Turns Himself In After Fatal DUI Wreck...

On December 4th, I posted about a settlement arising out of a semi-truck wreck that paralyzed a young boy.   The driver of the truck was under the influence of drugs.  When I posted the entry, I didn't realize that just the day before, a kentucky truck driver had been charged in a fatal truck wreck that took the life of an Indiana man.  The Kentucky truck driver tested positive for Cocaine.

According to an Evansville television station, a truck driver involved in a fatal collision in July turned himself in December 3rd on a charge of operating a motor vehicle while intoxicated causing death.  Delbert Majors, 53, of Corydon, Ky., was being booked into the Vanderburgh County Jail at 9:30 a.m. Bond was set at $20,000 as part of a warrant issued for his arrest.  Initial toxicology tests conducted after the wreck revealed Majors had cocaine in his system, Evansville Police Department spokesman Steve Green said.  Evansville resident Raymond Ferrari, 56, was killed in the July 29 accident on Evansville's West Side. Ferrari, driving a Pontiac Sunfire, was northbound on Rosenberger Avenue and trying to turn left onto the westbound Lloyd Expressway. A Robinson Engineering oil-rigging truck, driven by Majors, was traveling east on the Lloyd through the intersection.  Green said authorities determined Majors ran the red light. "Investigators say toxicology reports now show Majors had cocaine in his blood at the time of the accident July 29th. He crashed his oil truck into Ferrari's car."
According to the report, Ferrari's estate has filed a civil lawsuit against Robinson Engineering. 
What will be interesting is to see whether Majors has any history of abusing drugs or alcohol and whether Robinson Engineering have any policies and procedures to test drivers periodically to ensure they are not abusing substances.

To learn more about semi-truck wrecks, download our free E-Book:  What The Insiders Don't Want You To Know About Semi-Truck Wrecks.

You can also watch our video titled: The Six Things You Must Know If You've Been In a Car or Semi-Truck Wreck.
hans


12/6/2008
Hans G. Poppe
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Paralyzed Girl Settles Case Against Beer Vendor for $25 Million

Nine years ago, a two-year old girl was tragically injured in a car wreck caused by a drunk driver.  Antonia Verni was paralyzed and rendered a quadriplegic as a result of a drunk driving accident.  The man behind the wheel, Daniel Lanzaro, who slammed his pick up truck in to the Verni family’s vehicle, had a blood alcohol level of 0.226, nearly three times the legal limit of 0.08.   Lanzano admitted to having 16 beers at a football game.  The Verni family sued Aramark, which manages the beer sales at the stadium.
A jury returned a verdict in favor of the family and against Aramark for $105 million.  The court of appeals reversed and remanded the case for a new trial.  A judge recently unsealed the settlement and disclosed it was $25 million.
This case highlights the importance of finding and holding all negligent parties responsible.  Some attorneys may have taken this case and seen it simply as a case against a drunk driver, who probably only had a limited amount of insurance.   This type of thinking would be short-sighted.  Lawyers have to be willing and able to look past the obvious and determine who was really at fault.  Here, it was the beer vendor's employees that served Lanzaro when he was visibly intoxicated.  The employees violated numerous policies and procedures.  Hopefully, this settlement will provide the lifetime of car that little Antonia needs.

hans



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