Goode Law Office, PLLC Blog

3 Types of Elder Abuse

Thu, 16 Jan 2025 15:46:45 GMT

As the population ages, it becomes increasingly important to address the serious issue of elder abuse. Understanding the various types of elder abuse can help communities, families, and professionals take preventative measures to protect the vulnerable elderly population. In this post, we will explore the different forms of elder abuse and discuss their impacts on victims.

1. Physical Abuse

Physical abuse is one of the most visible forms of elder abuse, characterized by the intentional use of force that results in bodily injury, physical pain, or impairment. This could include hitting, slapping, or other violent actions. Victims of physical abuse often live in fear, which can exacerbate existing health issues and lead to severe psychological distress. Bruises, broken bones, and unexplained injuries are common indicators of physical abuse, highlighting the need for vigilant observation by caregivers and family members.

2. Emotional or Psychological Abuse

Emotional or psychological abuse involves causing emotional pain or stress through verbal or non-verbal actions. This type of abuse may include threats, intimidation, humiliation, or isolation, severely impacting the elder’s mental health and well-being. The fact that, according to the National Council on Aging, the perpetrator in almost 60% of elder abuse and neglect incidents is a family member, makes it even more devastating, as trust and familial bonds are deeply violated. If you notice signs of abuse, it's important to contact an elder abuse lawyer.

3. Financial Abuse

Financial exploitation is another prevalent form of elder abuse, involving the illegal or improper use of an elder's funds, property, or assets. Perpetrators may range from strangers to family members, aiming to swindle money or property from vulnerable seniors. An elder abuse lawyer is essential in these instances, as this type of abuse can leave elders in financial ruin, depriving them of resources necessary for their healthcare and daily living needs. Financial exploitation often goes unnoticed as victims may be confused, embarrassed, or afraid to report their losses.

Elder abuse is a critical issue that demands attention and action from individuals and society as a whole. Communities must foster environments of respect and dignity for the elderly to ensure their safety and well-being. If you or a loved one have experienced any of the situations noted above, it's time to hire an elder abuse lawyer . At Goode Lawyers, our goal is to serve the best interests of our clients. Contact us today for more information about working with our firm.

What Can Personal Injury Law Cover?

Wed, 23 Oct 2024 14:11:32 GMT

Personal injury law serves as a lifeline for individuals harmed through negligence or intentional acts, ensuring they receive the compensation they deserve. It covers various situations, from car accidents to nursing home neglect and product liability. Let’s break down how personal injury law applies to these scenarios and why it matters.

Car Accidents and Legal Protection

Car accidents are one of the most common areas of personal injury law. When someone is injured due to another driver's negligence, personal injury law ensures victims can seek compensation for medical bills, lost wages, and other damages. With the national average price for full car insurance coverage around $2,150 annually according to Forbes, it's clear that auto accidents can create significant financial strain, especially if you lack adequate coverage or are not at fault. Whether it’s a minor fender-bender or a severe crash, legal representation is crucial in proving fault and securing fair compensation. Personal injury lawyers work tirelessly to ensure victims aren’t left struggling with financial burdens after an accident caused by someone else’s carelessness.

Nursing Home Neglect and Accountability

Nursing home neglect is another critical area of personal injury law. When elderly residents are mistreated or neglected, it can lead to serious injuries or even death. Personal injury law provides a legal pathway for families to hold nursing homes accountable for failing to provide adequate care. This could involve cases where residents suffer from bedsores, malnutrition, or lack of supervision, resulting in falls or other preventable injuries. Nursing homes have a duty to provide safe and proper care for their residents, and personal injury law helps ensure that negligent facilities face consequences.

Product Liability and Consumer Safety

Product liability is a vital aspect of personal injury law that protects consumers from defective or dangerous products. Whether it’s a faulty car part, a hazardous household item, or a harmful medication, manufacturers have a responsibility to ensure their products are safe for public use. When a defective product causes injury, personal injury law allows victims to seek compensation for their losses. This legal protection ensures that companies are held accountable and helps prevent future incidents by encouraging safer product designs.

If you or a loved one has been affected by a car accident, nursing home neglect, or a defective product, it’s crucial to seek legal assistance as soon as possible. At Goode Lawyers, we understand how overwhelming and stressful these situations can be, especially when medical bills, lost wages, or emotional trauma are involved. Contact us today for a consultation and take the first step toward justice.

How to Find a Professional Elder Abuse Attorney

Fri, 23 Aug 2024 21:07:53 GMT

Finding a professional elder abuse attorney can be a daunting task, especially when you or your loved ones are already dealing with the stress and emotional turmoil that comes with elder abuse. However, securing the right legal representation is crucial for ensuring justice and protection. This blog post aims to provide you with a step-by-step guide to finding the best elder abuse attorney suited for your specific needs.

Conduct Research

First and foremost, start by conducting thorough research. This can be accomplished through online resources, such as legal review websites and attorney directories, as well as offline resources like local bar associations. Look for attorneys who specialize in elder law and have substantial experience handling elder abuse cases. Specialization and experience significantly increase the likelihood of favorable outcomes. Additionally, according to Clio, a law firm software company, jobs for lawyers are expected to grow 4% in the next decade, so the chances are good that there will be qualified professionals available to assist you.

Schedule Consultation

Next, consider scheduling a consultation with a reliable elder abuse attorney. Many professionals offer free initial consultations, which you can use to gauge their competency, experience, and compatibility with your case. During these meetings, pay attention to how they respond to your concerns and questions. A good elder abuse attorney should be not only knowledgeable but also compassionate and genuinely interested in helping you. This initial interaction can often provide valuable insights into their commitment and work ethics.

Review Testimonials

Lastly, review the attorney's track record and client testimonials. A reliable professional should have a history of successfully litigating elder abuse cases. Beyond win/loss ratios, try to find out how they achieved their results and what previous clients have said about their services. Positive testimonials from satisfied clients can be a good indicator of the attorney's effectiveness and reliability. Don't hesitate to ask for references if you're unsure—the best lawyers will be more than happy to provide them.

As you can see, finding the right elder abuse attorney requires a mix of thorough research, face-to-face consultations, and meticulous review of the attorney's track record and client testimonials. By following these steps, you can increase your chances of finding a professional who will effectively advocate for you or your loved ones. Remember, the right attorney can make all the difference in securing justice and ensuring the well-being of our elders. Contact Goode Lawyers today to learn more about our services.

The Importance of Working With a Personal Injury Law Office

Mon, 26 Feb 2024 13:22:38 GMT

Personal injury incidences happen due to the negligence of a person or company, and they can happen to anyone at any time. Such injuries can range from dog bites to car accidents to workers' compensation claims. Here are a few reasons why working with a personal injury law office is crucial.

Insurance

When you've been hurt due to a personal injury case, you have the right to compensation from insurance. Your personal injury law office can act as a correspondence between the insurance company. Having legal representation to talk to insurers will increase the chances of a better payout but also a more timely one. After all, insurance companies aren't exactly known for rushing to compensate people even when they deserve it. If you're losing out on compensation due to lost time from work or having your car totaled, your personal injury lawyer can assist you in getting those funds reimbursed and then some.

Knowledge of Your Rights

If you're not a legal professional, you may not be aware of all the rights you have regarding personal injury. Luckily, a personal injury law office will keep you informed and fight for your rights in every case. As long as you have a legal professional on your side, you have somebody who'll always ensure your rights are protected and will explain them to you in layman's terms.

Mediation or Court Representation

When you're dealing with a personal injury case, you can expect mediation or to go to court. One of the great things about having a personal injury law office on your side is that they're highly experienced in the art of negotiation and mediation. Most personal injury cases can be resolved with mediation in which both parties agree to meet and come to a fair agreement. Therefore, you won't have to go through a lengthy and exhausting court trial in most cases. However, if mediation can't be reached, a court trial is necessary; with a professional and experienced personal injury law attorney by your side, you can feel confident in getting a positive outcome.

Faster Processing

When suffering through the pain of a dog bite or malpractice mishap, you likely want to do what you can to resolve the issue as soon as possible. With legal representation, you can get the case handled much faster than if you were trying to deal with everything on your own. Your local experienced attorney can help you get the compensation you need so you can begin the healing process and move on.

Emotional Support

Speaking of healing, personal injury can be devastating for many people. Depending on the extent of your incident, you may have physical, financial, and or mental issues that you'll have to work through. Attorneys who have seen many of these cases before can guide you. Remember, they're not just somebody who represents your case from a legal standpoint; they're also a human being who understands how these cases affect people.

Fair Compensation

As mentioned, insurance companies don't always want to give payouts even when they're due. Your expenses can skyrocket after a personal injury, especially if you have to make frequent hospital visits, get surgery, or replace a car or other piece of property. In some cases, you may also need to seek professional therapy services to help cope with the incident. Depending on the extent of the physical injury, the victim may also have to deal with a permanent disability, which can affect their future work prospects and quality of life. Therefore, they must get the fair compensation they need.

According to Clio, a professional legal software company, you can expect to see the job growth for lawyers increase by at least 4% over the next decade. If you ever need legal representation for personal injury, you'll continue to have many options to choose from. However, if you want an experienced local personal injury law office you can trust, look no further than our team of qualified attorneys at Goode Law Office, PLLC. We've handled many cases and can help get you the compensation you deserve while giving you all the support you need. In fact, we're associated with the American Association for Justice and the Million Dollar Advocates Forum! Contact us today for a consultation.

5 Signs Your Parent Needs an Elder Abuse Attorney

Fri, 15 Dec 2023 19:10:39 GMT

Your parents raised and took care of you. Once they become seniors, the time may come when they need help from you to care for themselves. Depending on your parents' level of independence or illness, you may also find yourself needing assistance in caring for them from professionals or other family members. Unfortunately, not all the helpers you choose are guaranteed to be helping in your parents' best interests. Here are some signs to look out for that signal elder abuse may be happening.

1. Bruises

As people age, slips and falls can happen. As such, an occasional bruise can happen depending on the severity of the fall or accident. However, have you noticed that your parent seems to have an excessive amount of bruises regularly? If you're becoming suspicious of marks, or if any of them are oddly shaped or placed, they may be a sign of abuse. It may be difficult to imagine, but someone could be hitting your parent, pushing them down, or manhandling them.

2. Social Withdrawal

Physical abuse can be traumatic for anyone at any age. As you may know, trauma can show up in different ways, such as the person becoming socially withdrawn. Does your elderly parent or grandparent, who was once jovial and smiley, now appear sad and withdrawn? Do you notice that they appear to be self-isolating or more tense around certain people? If they are of sound mind and body, do your best to talk it out with your parent. If they can't verbalize the root of why they're suddenly sad and withdrawn, that should be your cue to hire an elder abuse lawyer or other professionals to intervene.

3. Lack of Appetite

For many reasons, it can be good to monitor your parents' appetite. It's natural for people to lose the taste of certain foods as they grow older. Plus, senior stomachs may shrink, and they may not be able to eat as much food as they once did. However, there's a major difference between the normal reduction in appetite that comes with age versus your elderly family member not wanting to eat at all. A lack of appetite is often a major sign of trauma or depression and should be treated with care.

4. Poor Sleep Patterns

According to the Sleep Foundation, people should get between seven and nine restful hours of sleep each night. As people grow older, they may need extra hours of sleep as they may be more likely to be more tired and have less energy than in their youth. Has your senior parent developed erratic sleep patterns? Have they appeared to develop insomnia or are they waking up with nightmares? If they've developed depression, they may want to sleep too much and avoid getting out of bed. After all, our sleep patterns are connected to our mental states. If your parent has erratic sleeping habits, it can be a sign of underlying problems such as elder abuse.

5. Unexplained Money Loss

Unfortunately, elder abuse has many forms. While signs of physical abuse may be the obvious thing to look for, that's far from the only issue to look out for. One of the ways many people take advantage of unsuspecting seniors is with their finances. Many scams specifically target seniors, particularly romance scams, email scams, and phone scams. Similarly, if someone else is in charge of a senior's money, they may take advantage of the fact that that person may no longer have their full cognitive ability. If the senior's bills are no longer being paid because money from their pension or savings is gone, that's a major red flag you should investigate with the help of a professional elder abuse attorney .

This type of abuse is more common than people may think. As people age, they may lose their physical and cognitive abilities which can make them easy targets for bad actors. Did you know that, according to the National Council on Aging, the perpetrator is a family member in almost 60% of elder abuse and neglect incidents? This doesn't mean a non-family member is always providing with proper care. If you suspect that a senior in your life is the victim of such abuse, don't hesitate to contact Goode Law Office, PLLC for legal services.

Qualities of the Best Personal Injury Attorney

Thu, 16 Nov 2023 18:38:22 GMT

If you've suffered an injury or financial loss due to someone else's negligent actions, hiring the best personal injury attorney is key to obtaining the maximum compensation you deserve. However, it can be challenging when there are so many different injury lawyers out there to select from. According to Clio, there are 1.3 million lawyers in the United States. When evaluating potential lawyers, look for these four important qualities and capabilities.

Specialization and Experience

The strongest personal injury lawyers specialize exclusively in injury law and have many years of experience representing clients in a wide range of cases. They have handled numerous comparable claims to yours, equipping them with a deeper knowledge of how to accurately value cases, predict outcomes, build compelling arguments, and maximize payouts based on past results. An experienced lawyer also has well-established professional relationships and credibility with claims adjusters, defense attorneys, judges, and other legal system players.

Investigative Resources

Winning sizeable injury settlements requires thoroughly investigating every aspect of the accident and claim. Top personal injury firms have resources that aren't available to the average person. Your attorney will take all steps needed to prove liability and damages. Limited resources can severely hinder the strength of a claim.

Ability to Pursue Compensation

An assertive lawyer will relentlessly pursue compensation by proactively gathering supporting evidence, pressuring insurance providers, filing motions to advance the case forward, and continuously developing the strongest argument while preparing for a potential trial. Their perseverance and urgency produce results. Passive attorneys often leave money on the table.

Negotiation Skills

Skillfully negotiating a settlement is equally important. The best personal injury attorney is one who is a polished negotiator, who knows how to accurately frame a claim's value, make carefully calculated opening demands, employ proven negotiation tactics, and leverage evidence to maximize payouts. Their negotiating prowess puts more money in your pocket.

With so much at stake, don't take chances with your injury claim. Partnering with a qualified personal injury attorney who has specialized expertise, investigative resources, aggressive drive, and mastery of negotiations is key to optimizing case results. If you're looking to hire the top personal injury attorney, look no further than Goode Law Office, PLLC. Reach out to us today to schedule an appointment to discuss your case with us.

Are granny cams legal and practical in Kentucky?

Wed, 23 Nov 2022 19:55:49 GMT

How can I protect my loved one?

I am often asked by lots of people about granny cams, which are hidden surveillance cameras in nursing home rooms. These gadgets, which are a lot like nanny cams, are usually legal in Kentucky. But, there are always some serious “if”s as to their practicality.

This issue is causing quite a stir in neighboring Missouri. Currently, surveillance cameras are illegal in the Show Me State. Some lawmakers want to change that, but there are a number of issues. Resident advocate Marjorie Moore says much of the discussion involves privacy rights as well as property rights. The current measure strikes a compromise between facilities and families. Either party can release footage only with the other party’s consent, except to law enforcement.

Frequently, the old saying is true, and a picture really is worth a thousand words. Surveillance video can offer almost irrefutable proof of physical, emotional, financial, or other kinds of nursing home abuse and neglect.

The stakes are high. Generally, a Lexington personal injury lawyer can obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Perhaps more importantly, an attorney can obtain justice for victims. In most cases, the nursing home owner is financially responsible for damages.

State and Federal Law

In terms of nursing home surveillance cameras, Kentucky has no laws directly on point. However, in terms of audio and video recordings, The Bluegrass State is a single-party jurisdiction. Only one party to a conversation or other exchange must give permission to record it. So, in Kentucky and most other states, it is legal to give yourself permission to record a conversation.

A few jurisdictions are multi-party states. Everyone involved must give recording permission. Silence typically establishes consent. So, a “this call may be recorded for quality purposes” disclaimer is usually sufficient, although it is misleading.

These laws apply to surveillance cameras in private rooms. Granny cams in common areas are a different matter. The federal wiretapping law usually applies in these situations. It’s illegal to surreptitiously record an event or conversation if either party had a reasonable expectation of privacy.

That’s a rather amorphic standard. So, the federal wiretapping law usually does not apply. Nevertheless, granny cams in common areas, and in private rooms as well, often cause more problems than they solve. More on this below.

Local Nursing Home Rules

Federal and state laws go out the window if the nursing home’s rules prohibit video surveillance. That’s often the case, and these disclaimers are often buried in the fine print. Typically, a disclaimer must contain specific language. So, it’s not enough to get out your magnifying glass and read the handbook. A Lexington personal injury attorney probably needs to examine the document as well.

For example, many nursing homes do not prohibit cameras per se. They only state that such recordings are the property of the nursing home instead of the family.

Assume Ralph’s family secretes a granny cam in his room. The camera catches a nursing home employee violently pushing Ralph into his bed. If a Lexington personal injury attorney confronts the nursing home with the footage, the nursing home might quickly and quietly settle the matter. If it moves forward, an attorney must collect other evidence to support the claim.

On a related note, out-of-state holding companies usually own Kentucky long term care facilities. That foreign ownership makes these claims procedurally complex.

Practical Concerns

Granny cams could have a positive or negative effect on your loved one’s health and safety. These are the only things that really matter to families. And, they are all that really matters to us.

If people know or suspect that they are being filmed, they are usually on their best behavior. This factor could keep your loved one safer.

On the minus side, surveillance cameras deflate morale. And, at many area nursing homes, morale is already quite low and turnover is quite high. Adding yet another negative factor could be dangerous. Additionally, nursing home workers might avoid your loved one’s room if they know or believe they are being watched.

Think twice, and think again, before you install a granny cam in a nursing home private room. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. After-hours visits are available. #goodelawyers

Top Ten Traffic Tickets in Kentucky

Wed, 23 Nov 2022 19:48:24 GMT

These are the most common violations we see.

Moving violations cause about half the serious accidents in the Bluegrass State. If emergency responders issue citations in these cases, the negligence per se doctrine could apply. Drivers who violate safety laws and cause wrecks are usually responsible for damages as a matter of law.

If responders do not issue citations, and they often do not, the ordinary negligence doctrine is usually available. Ordinary negligence is basically a lack of care. The duty of reasonable care, which applies to most drivers, requires them to drive defensively and obey the rules of the road.

If you were hurt in a wreck that wasn’t your fault, a Lexington personal injury attorney can usually obtain substantial compensation in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Driving Under the Influence

Alcohol and/or drug misuse is a factor in almost half of the fatal car accidents in Kentucky. These substances might be legal to consume. However, it’s always illegal to drive under their influence.

Prosecutors may use direct evidence, like a failed chemical test, or circumstantial evidence, like poor performance on field sobriety tests, to establish guilt in criminal court. Direct evidence cases are much stronger than circumstantial evidence cases. However, even if the tortfeasor (negligent driver) “beats” the DUI in criminal court, the negligence per se doctrine normally still applies in these cases.

Failure to Yield the Right-of-Way

These citations often involve illegal left turns. Frequently, a driver tries to turn left against traffic, doesn’t see an approaching motorcycle or other vehicle, and turns directly into that vehicle’s path.

To make themselves more visible and avoid such SMIDSY (Sorry, Mate, I Didn’t See You) wrecks, some motorcycle riders wear bright clothing or weave inside their lanes. But there’s no evidence that these things are effective.

Other motorists fail to yield the right-of-way to pedestrians in a crosswalk. These accidents are common when the tortfeasor turns right. Most drivers focus all their attention on their left in these situations. So, they do not see pedestrians in the crosswalks to their right. Other drivers do not stop for pedestrians in virtual crosswalks (flashing yellow lights direct motorists to stop and yield the right-of-way to pedestrians in a non-intersection crosswalk).

Passing in a No-Passing Zone

A double yellow line on a two-lane undivided highway denotes a no-passing zone. These areas are usually around curves and in front of hills. These roads change from passing to no-passing without any warning. No-passing zones help prevent head-on wrecks. These collisions usually cause catastrophic injuries and extreme property damage.

Wrong-Way Driving

On dark and stormy nights, drivers often mistake off-ramps for on-ramps, and they drive on the wrong side of the road. Inattention also causes many wrong-way wrecks. Drivers simply ignore one-way signs. Whether the violation was excusable or not, police officers could still issue tickets, and the negligence per se rule could still apply.

Railroad Crossing Violations

A shocking number of people are in a hurry and not thinking clearly. So, they try to drive around railroad crossings and beat oncoming trains. Trains are moving faster than you think, so vehicles almost always lose these races, and the results are always tragic.

Incidentally, if you are stuck between the flashing lights as a train approaches, do not panic. Most crossbars are extremely flimsy and easy to drive through.

Following Too Closely

We do not see too many of these citations. But this behavior causes an inordinate number of vehicle collisions. At 60mph, most passenger cars travel about eighteen car lengths in the few moments it takes for a driver to see a hazard, apply the brakes, and safely stop the car.

Reckless Driving

This law is quite vague in Kentucky and other states. Normally, police officers issue these citations if a motorist violates two or more traffic laws simultaneously or in quick succession, like a driver speeding and weaving in and out of traffic without signaling.

Unsafe Lane Changes

Most new cars have blind spot sensors and other such gadgets which reduce the number of unsafe lane changes. However, a driver can easily ignore the alarm and change lanes anyway. Furthermore, older cars have no such features, so drivers must actually watch where they are going.

Ignoring a Traffic Control Device

Rolling through a stop sign or red light is a lot like failing to yield the right-of-way. Since there is usually less force in these collisions, they are normally not as serious as a crash that features a car that blows through a traffic control device.

Speeding

These citations are relatively easy to prove in court and the fines are usually high. Therefore, speeding is the most common traffic ticket in Kentucky.

Speed increases the risk of a collision as well as the force of a collision. Speed multiples stopping distance. As mentioned, at 60mph, stopping distance is usually eighteen car lengths. At 30mph, stopping distance is normally six car lengths. As for the force in a wreck, according to Newton’s Second Law of Motion, speed multiplies the force in a collision between two objects.

Largely for these reasons, excessive speed is a factor in about a third of the fatal accidents in the United States.

Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. You have a limited amount of time to act. #goodelawyers

Distracted Driving and Punitive Damages

Wed, 23 Nov 2022 19:43:43 GMT

Will Kentucky law catch up to reality?

As the hazards of texting and driving become more widely known and accepted, the law continues to evolve and be tested in new areas.

Unfortunately, the following is an all-too-common scenario on Kentucky’s roads. A motorist is driving while listening to music streaming through his phone into his car stereo. He periodically uses his phone to change the song, unaware of his inattention. While entering a major intersection, the same driver receives a text message and glances down to read the message. While looking at his phone for what he thought was only a split-second, he rear-ends the vehicle in front of him, severely injuring the driver.

I recently litigated this very case. Shortly before trial, I argued for a punitive damages instruction due to the defendant’s (admitted) use of his phone while driving. Unfortunately, Kentucky law is scant on this issue and we instead used DUI cases to make our argument. However, I quickly learned that the trial judge was uninformed about the dangers of distracted driving and was not comfortable with the comparison to drunk driving. In fact, he felt drunk driving was far more dangerous than texting while driving. The data does not support this assumption.

The Dangers of Distracted Driving

The dangers of distracted driving are well documented. And this is not limited to texting or phone use. Any activity that diverts a driver’s attention away from the task of driving is dangerous. Examples are eating, drinking, grooming, using a GPS system, and adjusting audio equipment.

The courts are slow to catch up with this ever-growing problem. While many legislatures across the country have outlawed texting while driving, it is still an uphill battle to convince a judge to instruct the jury on punitive damages. Any such motion must be armed with facts. And the facts are staggering.

· According to the United States Department of Transportation, 3,154 people were killed and 424,000 were injured in distracted driving crashes in 2013 alone. ¹

· As of December 2014, 169.3 billion text messages were sent in the U.S. every month. ²

· Engaging in visual-manual subtasks (such as reaching for a phone, dialing and texting) associated with the use of hand-held phones increased the risk of getting in a crash by three times. ³

· A quarter of teens respond to a text message once or more every time they drive. Twenty percent of teens and ten percent of parents admit they have extended, multi-message text conversations while driving. ⁴

However, perhaps the most alarming statistic is the comparison of distracted driving and impaired driving. According to the National Highway Traffic Safety Administration (NHTSA), “texting while driving is six times more dangerous than driving while intoxicated.” ⁵ The federal agency reports that sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds, the equivalent-when traveling at 55 mph-of driving the length of an entire football field while blindfolded.

Car and Driver magazine performed an experiment to document just how dangerous texting and driving is, in comparison with the widely known risky activity of drunk driving. During the experiment, cars were rigged with a red light to alert drivers when to brake. The magazine tested how long it took to hit the brakes when sober, when legally impaired at a BAC level of .08, when reading an email and when sending a text. Sober, focused drivers took an average of 0.54 seconds to brake. For legally drunk drivers, four feet needed to be added. An additional 36 feet was necessary for reading an e-mail, and a whopping additional 70 feet was needed for sending a text. ⁶

Another test conducted by the Transport Research Laboratory in London found that drivers who texted had slower response times, were more likely to drift in and out of lanes, and actually drove worse than drivers who were high on marijuana. The study found that reaction times for texting drivers were 35 percent worse than those of drivers with no distractions. ⁷

Impaired Driving and Punitive Damages

Kentucky has long allowed punitive damages with proof that a driver was impaired at the time of a collision. ⁸ In Shortridge v. Rice, the plaintiff appealed arguing he was entitled to a punitive damages instruction pursuant to KRS 411.184, as he submitted proof to the jury of defendant’s intoxication while driving. ⁹ “Evidence that an individual was driving under the influence undoubtedly shows ‘a flagrant indifference to the rights of [other drivers and pedestrians]’… .’ ¹⁰

However, many of us remember a day when intoxicated driving was far more prevalent and even socially acceptable. It took years of aggressive education and advocacy before both the criminal and civil courts imposed strict consequences for intoxicated driving. Groups like MADD aggressively lobbied lawmakers and produced numerous Public Service Announcements to help inform the public as to the dangers of impaired driving.

Distracted Driving and Punitive Damages

While Kentucky’s Courts are mostly silent on this issue, there is certainly a growing movement toward this relief. A number of Florida trial court judges permitted an allegation of punitive damages when a driver caused an accident while texting. The lawyers in those cases applied the same comparison to intoxicated driving. At least two such orders were entered even before Florida passed its texting while driving law in 2014. ¹¹ However, of the courts that have tackled this issue, most agree that cell phone usage alone is insufficient to support an award of punitive damages, some even apply a heightened test that requires proof of “other aggravating circumstances,” beyond violations of the rules of the road. ¹²

While it remains to be seen which direction Kentucky will go, the similarities of distracted driving to impaired driving are striking. It certainly is not a stretch to apply the reasoning of Cooper and Shortridge to texting while driving or other forms of distracted driving. As set forth above, NHTSA and other government agencies established through substantial scientific research that distracted driving is extremely unsafe. Other organizations examining the impairment caused by distracted driving have found that this impairment equals or exceeds that of a person with a blood alcohol content (BAC) of 0.08 percent. In one such study, researchers found that “impairments associated with using a cell phone while driving can be as profound as those associated with driving while drunk.” ¹³

Kentucky’s anti-texting law took effect on June 8, 2011. It bans texting for drivers of all ages while the vehicle is in motion. However, if you’re over 18 years old, you are allowed to use global positioning devices and make calls on cell phones. ¹⁴

While this statute has been called “toothless,” it certainly is a clear indication that our legislative branch recognized the dangers of texting while driving and should be used as a strong indicator that the dangers of distracted driving are understood much like legislation aimed at deterring impaired driving. ¹⁵

Go Make Your Case

The judge in my client’s case finally, with great reluctance, permitted us to move forward with a punitive damages instruction. It really should not be that difficult.

When representing a client who is the victim of a collision that involves a defendant driving while distracted, the potential for punitive damages against both the driver and, if applicable, the driver’s employer, should be fully explored. Employers profit from cultivating an “always on” culture among employees and requiring constant access to electronic devices, including while driving.

Like so many other areas of the law, it is up to us as advocates to educate the judiciary by advancing these arguments in hopes that one day distracted and impaired driving are treated the same by society and in turn, by the courts. #goodelawyers

Can you explain how no-fault insurance works?

Wed, 23 Nov 2022 19:34:52 GMT

Kentucky is a "no-fault" state.

A recent Google visitor to our firm asked this common question from Kentucky drivers who are involved in a car accident. Kentucky law requires drivers to purchase and maintain car insurance. Kentucky is a “no-fault” state. No-fault takes the form of “personal injury protection” (PIP) benefits, which pay up to $10,000 for medical bills, lost wages and similar “out-of-pocket” costs resulting from the policyholder’s car accident injuries. These benefits are referred to as “no-fault” as they are paid regardless of who caused the accident.

While most insurance agents do not offer this, you can also purchase addition PIP coverage sometimes referred to as “added reparations benefits” This added benefit can be purchased in $10,000 increments for relatively little cost. Goode Law Office recommends drivers purchase as much “no-fault” coverage as they can afford.

After an accident, it’s not just the policyholder who is entitled to PIP benefits in Kentucky. Anyone who was driving or riding in the vehicle at the time of an accident is entitled to receive PIP benefits under the policy, and a pedestrian hit by the covered vehicle can also receive PIP benefits.

Likewise, if an out of state driver with a policy issued in that state is injured in Kentucky, he or she may be entitled to PIP coverage even if it was not purchased. Christopher Goode won an important case on this issue for his client who was involved in a Kentucky accident while operating a semi-truck insured in another state. The insurance company refused to pay him PIP benefits, so Mr. Goode fought on his behalf winning an important battle for future truck drivers.

If the accident involves two or more vehicles, the insurance company who paid out PIP benefits will seek reimbursement from the “at-fault” driver’s insurance company. It is important when negotiating your bodily injury settlement to make sure your settlement is “exclusive” of PIP benefits or PIP reimbursement. In other words, your settlement should not be reduced by the amount of PIP paid.

Problems arise when victims suffer severe injuries that a personal insurance protection settlement check may not cover. Our legal team is qualified to help you navigate this system and determine an appropriate course of action. The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.

Goode Law Office, PLLC Blog

3 Types of Elder Abuse

1. Physical Abuse

2. Emotional or Psychological Abuse

3. Financial Abuse

What Can Personal Injury Law Cover?

Car Accidents and Legal Protection

Nursing Home Neglect and Accountability

Product Liability and Consumer Safety

How to Find a Professional Elder Abuse Attorney

Conduct Research

Schedule Consultation

Review Testimonials

The Importance of Working With a Personal Injury Law Office

Insurance

Knowledge of Your Rights

Mediation or Court Representation

Faster Processing

Emotional Support

Fair Compensation

5 Signs Your Parent Needs an Elder Abuse Attorney

1. Bruises

2. Social Withdrawal

3. Lack of Appetite

4. Poor Sleep Patterns

5. Unexplained Money Loss

Qualities of the Best Personal Injury Attorney

Specialization and Experience

Investigative Resources

Ability to Pursue Compensation

Negotiation Skills

Are granny cams legal and practical in Kentucky?

How can I protect my loved one?

Top Ten Traffic Tickets in Kentucky

These are the most common violations we see.

Distracted Driving and Punitive Damages

Will Kentucky law catch up to reality?

﻿

Can you explain how no-fault insurance works?

Kentucky is a "no-fault" state.