Hayes Law Offices
Middlesboro, Kentucky

Southeastern Kentucky Personal Injury Blog

Spring, motorcycles and a tragic traffic accident

Spring has arrived in Kentucky and people with summer vehicles are on the roads enjoying them. Motorcycles are among those vehicles. Some cars sport bumper stickers that bid other drivers to be on the lookout for motorcycles. As they are smaller and more maneuverable, they can be harder to see and can seem to appear out of nowhere. This can lead to a tragic traffic accident.

A man was riding his motorcycle near Keeneland Racecourse on a recent Sunday evening. The motorcycle was struck by a pickup truck on Rice Road. The man on the motorcycle was transported to Kentucky Medical Center suffering from life-threatening injuries. Sadly, he died at the hospital.

Recovering damages after a truck accident can be daunting

Auto drivers in Kentucky share the highways with the many commercial motor vehicles that haul cargo loads across the state. The sheer size of big rigs and the loads they carry give occupants of passenger vehicles little chance of escaping severe injuries or death in the event of a truck accident. When big rigs haul hazardous materials, the risks are even higher.

Although crash victims may seek financial relief through the state's civil justice system, liability is based upon a preponderance of the evidence of negligence. Establishing negligence could be challenging, and also determining the parties to name as defendants. Many big rig operators are excellent drivers, and fault in an accident might be that of the trucking company, employer or contractor who neglected vehicle maintenance or other responsibilities.

Dangerous product linked to food poisoning outbreak

The United States is widely believed to have one of the safest food supplies in the world. This is due in large part to the constant diligence of the Food and Drug Administration and the Centers for Disease Control and Prevention. In a continued effort to maintain the safety of food in Kentucky and around the country the FDA and CDC made a joint announcement recently regarding a potentially dangerous product.

Salmonella is again a concern and this time its presence is suspected in precut melons, including cantaloupe, watermelon, honeydew and combinations of those. The fruit was packaged by Caito Foods, LLC and distributed in Kentucky and other states. The product was sold in clear clamshell containers.

Unknown defective product may be cause of E. coli outbreak

People go to the grocery store and like to believe that the food being purchased is safe to eat. Past outbreaks of E. coli have caused people to realize that this may not always be true. A recent outbreak in Kentucky has caused people to get sick, and the defective product responsible for the outbreak has not yet been identified.

E. coli can cause acute diarrhea and stomach cramps. Other recent outbreaks of this strain have been traced to ground beef, leafy green vegetables and other forms of produce. The current alert is aimed at doctors and labs to alert them to patients presenting with similar symptoms. The health inspectors believe food distribution may be the source of the current outbreak.

Manufacturer's liability in food poisoning scare

The food supply in the United States is typically safe and the Food and Drug Administration normally does a good job of alerting the public to potential problems. The most recent alert is widespread and of a different nature than other warnings in Kentucky and elsewhere have been. Salmonella is a bacteria that one typically associates with raw meat, particularly poultry. Precautions are urged that suggest keeping surfaces and hands clean when handling uncooked foods. This latest scare leaves Pillsbury subject to a possible manufacturer's liability claim.

Five-pound packages of Pillsbury flour are being recalled due to a fear that they have become contaminated with salmonella. The suspected product was distributed nationwide to stores, including Publix, Winn-Dixie and Meijer.  The recall impacts 12,000 cases of flour or over 100,000 five-pound packages. The affected product bears the name Pillsbury Unbleached All Purpose Flour with expiration dates of April 19 or 20, 2020. The lot numbers are 8292 or 8293.

Faulty sport shoe could result in manufacturer's liability

College basketball is a big deal in Kentucky and around the country. As March Madness approaches, a recent incident on the court could turn into a case of manufacturer's liability. A prominent college player suffered an injury when he experienced an equipment malfunction.

One of the most important pieces of equipment for a basketball player is his shoes. They enable the athlete to make quick stops, starts and turns that are vital to playing the game. In a recent game between two very highly ranked and competitive teams, a top player suffered a sprained knee when his shoe fell apart while he was playing.

High speed police chase can end in civil liability

High speed chase scenes may be exciting to watch on a movie screen, but in real life, they can be incredibly dangerous and life threatening. Many communities in Kentucky have rules that govern when a high speed pursuit is permitted and under what conditions the pursuit may continue. These rules may have been violated in a recent pursuit in Louisville and may have exposed the department to civil liability.

A 13-year-old who had become a spokesman against gun violence after surviving being hit by a stray bullet died in a crash that may have resulted from a high speed police chase. He had gone skating with friends the night of the crash. There were five people in the SUV that was reported stolen and was the target of the police chase. It is not known how the 13-year-old came to be in the SUV. The family of the boy who died has filed a wrongful death suit against the department.

Monetary damages awarded to Senator Rand Paul in assault trial

People are generally taught that physical violence does not resolve disputes. However, in today's society that appears to sometimes encourage a 'might makes right' mentality, physical altercations are being used more often to settle disputes over various issues. A recent example of this resulted in a civil trial between Senator Rand Paul of Kentucky and a neighbor accused of assaulting him.

Senator Paul's neighbor was raking leaves on his own property and piled them on the property line to dispose of them. He disposed of them by burning them. The following day, the senator was raking his own leaves and was confronted by the neighbor. After confronting Paul, the neighbor allegedly attacked him and fought with him. The senator suffered rib fractures and later a hernia that was said to have been caused by the attack.

Negligent driving may be responsible for family's death

Holidays are a time for family gatherings and family vacations. Some people take to the air for getaways and others will pack up the family car and take to the highways. A family from another state was traveling through Kentucky in early January on their way home from a family vacation. The reported negligent driving of another individual brought their trip to a sudden and tragic end.

The family of five was on their way home from a trip to Florida on 1-75 near Lexington early one morning. They were hit head-on by a pickup truck that was traveling the wrong way.  The impact from the collision caused the SUV that the family was traveling in to burst into flames. Previous reports called into 911 reported that there was a vehicle driving the wrong way on the northbound side of 1-75.

Distracted driving can cause tragedy in the blink of an eye

Truck traffic is a fact of life and automobile drivers must co-exist on Kentucky roadways with truck drivers. With the hustle and bustle of the holiday season everyone, including truck drivers, is typically harried and distracted. Distracted driving may have contributed to a tragic crash involving a car and a tractor-trailer on Christmas Eve in Louisa.

The accident occurred on US-23 on the afternoon of Dec. 24. The occupants of the car were two women and a 12-year-old girl. The car slowed to make a left hand turn and was hit from behind by the semitrailer. All three occupants of the car were pronounced dead at the scene.