Incidentally, negligence claims do not “blame” property owners or anyone else for an accident. Instead, these claims are simply about obtaining compensation. If you are injured and the injury wasn’t your fault, you should not have to pay medical bills out of your own pocket. Furthermore, according to Kentucky law, you are entitled to compensation for your noneconomic losses, such as pain and suffering.
Left-turn wrecks like the one described above are quite common on the semi-rural highways which criss-cross much of Kentucky. Emergency responders and insurance adjusters almost always assign fault to the driver who turned left, apparently without yielding the right-of-way. That’s because “fault” is a preliminary determination based solely on the evidence available at the scene.
Overall, excessive speed is one of the most common causes of fatal accidents in Kentucky. This relationship is even more pronounced in pedestrian injury or fatality claims. Seat belts, airbags, and other safety features protect vehicle occupants during high-speed collisions. But pedestrians have no such protections.
From a strictly legal standpoint, driver error is driver error. Any additional circumstances are largely irrelevant. Yet these additional circumstances sometimes make a big difference in terms of the compensation that a Fayette County jury awards in these cases.
In most cases, an 80 percent success rate is either acceptable or exemplary. But medicine is different. Due to their education and training, and the fact that patients are entirely dependent on them, doctors have a fiduciary duty. They must set aside all other concerns, including ending an appointment at a certain time, and only do what is best for their patients.
Ruzurgi (amifampridine) is the only voltage-gated calcium channel (VGCC) blocker approved for children. Blocking this channel slows or prevents the nerve cells from “resetting” after sending a signal to the muscles. So, nerve cells send longer-lasting nerve impulses, which leaves the remaining VGCC open longer. This increases the signal that nerve cells send to the muscles and can help compensate for the lower number of VGCCs in LEMS.
Usually, property owners are responsible for the indoor pool-related injuries listed below. Hotel guests, apartment tenants, and gym members are invitees under Kentucky law. Therefore, the owner has a duty of care to keep the property reasonably safe. Owners are liable for injuries if they knew about, or should have known about, the hazard that created them.
The good news is that the pedestrian death rate is substantially lower in crosswalk accidents than it is in non-crosswalk accidents. The tortfeasor (negligent driver) is usually traveling slowly, unless s/he accelerates to try and make the light or is speeding through the intersection on green. The other good news is that, even if the pedestrian is crossing against the light, substantial compensation might be available.
The lack of a citation is usually not a problem, because the ordinary negligence principle still applies. All motorists have a duty of reasonable care. As part of this duty, they must drive defensively and avoid accidents when possible. Turning in front of another vehicle clearly violates this duty. Driver excuses, like “I didn’t see you coming” or “The sun was in my eyes,” do not hold up in court.
Frequently, the police report, which is often the key piece of evidence in an injury claim, is inadequate in pedestrian accident cases. Since most police departments consider such accidents to be relatively straightforward and there is not much collateral damage in these matters, only one or two officers may respond to the scene. These officers, no matter how experienced they are, do not have the same qualifications as accident reconstruction engineers.
