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Articles Posted in Accidents & Personal Injury

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A Bardstown, Kentucky resident has been killed in an accident on the Gene Snyder Freeway. The accident involved a 23 young man, Dennis Tindle, who was driving north in the southbound lane of the expressway. Mr. Tindle’s Ford Focus struck a Dodge Durango head-on and caused another vehicle to rear-end the Durango. Tingle was killed in the accident and the other vehicle’s passengers and drivers were taken to the hospital with severe injuries. Questions remain as to why this young man was driving down the expressway in the wrong lane. Police are still investigating the accident.

Legal questions immediately arise as to whether alcohol was a factor, and where was the driver coming from and going to. In cases like this, it is important to look at where the driver had been, who he had been with, and what were they doing just prior to the accident. Such collateral evidence can help to establish why this tragedy occurred. This may be a case where other parties bear some fault for what happened in this tragic accident. Right now, we know that this accident has taken the life of a young man, and caused others to incur medical bills, lost wages, and suffering. Legally, it must be determined what exactly happened, so those involved can seek justice for what has happened.
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Thumbnail image for 952313_gavel.jpgA Rockcastle man who was doing construction work in Garrard County, Kentucky has filed a lawsuit after being injured while working road construction. At the time of the accident, the man was operating a blacktop paver when the paver was struck by a dump truck driver. The man was thrown from the paver over a guardrail and suffered serious injuries. The dump truck went on to hit and injury two other workers. The Kentucky State Police have cited unsafe speed, road conditions and driver unfamiliarity with the area as causes of the accident.

In cases where people are injured while working by a person not employed by the same employer or business, the injured people have both a workers compensation claim and a third party negligence claim to recover their lost wages, medical bills, and pain & suffering. Many times workers compensation does not afford a full recovery for the injured worker. In cases like the above, the worker can sue the driver of the dump truck and the business that owned the dump truck to recovery the full amount of monetary compensation and reimbursement he or she is owed. These are referred to as third party claims and they seek to make sure that the injured person is granted full justice and a full financial recovery.
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DePuy Hip Implant recipients need to know their legal rights when it comes to the recalled hip implants they have.

The DePuy Hip Implant Problems:
Loosening Misalignment Fracturing

Common Symptoms of Defective Hip Implant:
Difficulty standing or walking Crunching and popping noises from the hip area Limping or favoring one leg Hip fracture or dislocation Fatigue Tissue inflammation & infection in the hip area Pain in the hip area

Hip Implant Timeline:
In 2003, DePuy began marketing these hip implants as the Rolls Royce of implants.
In 2005, the medical literature began discussing the problems with metal on metal implants.
In 2007 & 2008, DePuy began to recognize the problems with the product in Australia and pulled the product from the Australian markets.
In late 2009 & Early 2010, DePuy began a silent recall to reduce the sale of these implants and remove inventory from the market.
In March 2010, DePuy issued Urgent Field Safety Notices about the hip implants.
In July 2010, the Depuy ASR 100 and ASR 300 Hip Implants were recalled.
In August 2010, physicians were notified of the recalls.
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Medtronic%20Infusion%20Pump.jpgThe Medtronic infusion pain pumps are devices implanted in the abdomen of patients to gradually deliver drugs and fluids. These pumps have been known to allow too much of the drugs to be injected and cause overdoses and deaths. These incidents usually involve the refill process. In January 2011, Medtronic sent letters to doctors reminding them of the refill procedures and it has updated its instructions and warning labels.

Even in light of the extra precautions taken by Medtronic, the FDA (U.S. Food & Drug Administration, last month, issued a Class I recall on Medtronic infusion pumps. Class I recalls are the most serious issued by the FDA/U.S. Government. If you or a loved one has a Medtronic infusion pump you should be aware of the dangers involved.
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875412_balance.jpgA lawsuit has been filed in Boyle County Kentucky regarding a Danville man who was dropped and injured by Boyle County EMS workers. The case involves the Boyle County, Kentucky EMS responding to call at the man’s apartment after he suffered a minor fall, injuring himself. As the EMS workers transported the man from his apartment, they dropped him onto the concrete stairs leading from the apartment building, and caused him even greater injury.

EMS workers can be liable in these situations if they were negligent in transporting the patient. The questions surrounding this case are:

How they transported the patient;
Should they have done something different and been more careful; and Did their negligence cause the patient to be dropped and injured.
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A fatal accident has occurred in Southern Indiana involving a semi tractor trailer and a Chevy cavalier. Police reports state that prior to the accidents they had received calls about the Chevy Cavalier, which was traveling south bound on I-65, traveling at a high rate of speed and swerving on the road. Shortly thereafter, the Chevy Cavalier crossed the expressway median and struck a semi head-on. The Chevy’s speed is estimated at 90 miles per hour. Police state that the impact was so violent that the Cavalier was torn in two and blocked both north and south bound lanes for 5 hours. Police are stating that Alcohol is a suspected factor.

In Kentucky, drunk driving accidents happen too frequently. Drivers who drive after consuming alcohol risk lives and should be held accountable for the accidents they cause. Not only are drunk drivers criminally prosecuted, but when they cause injury to others, they become civilly liable also to the injured people and the families of the injured. Civil lawsuits against drunk drivers can recovery medical bills, lost wages, pain & suffering, and in the event that they kill someone, the deceased family can bring a wrongful death lawsuit also.
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A fatal accident on I-65 near Elizabethtown, Kentucky has killed three people and sent four others to the hospital with injuries. The accident involved a FedEx semi-tractor trailer truck and a SUV. The reports indicate that the semi bumped the rear end of the SUV and sent the SUV out of control, eventually flipping over. The FedEx driver was not injured, but the other people injured and killed were all in the SUV. The three people killed were ejected from the SUV. The SUV’s driver and another adult passenger were taken to University Hospital with injuries and two children were taken to Kosair Children’s Hospital.

The SUV was traveling with a family from Chicago, who was returning from a wedding in Florida. What caused the semi to bump the rear end of the SUV is still being investigated. This is a tragedy for the family involved. This family, including the Estates of the three deceased family members, will be able to make legal claims against FedEx for the injuries and deaths that resulted from this accident. Justice will require that their medical bills be paid, lost wages be reimbursed, compensation be given for their pain & suffering, and in the cases of the deceased family members, Kentucky law will allow for their Estates to recovery the lifetime of lost earning potentials, which will be substantial.
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A Jefferson County Kentucky school bus was rear ended on I-65 northbound near the Watterson Expressway. The accident injured seven children, who were transported to Kosair Children’s Hospital, and the bus driver, who was taken to Norton Hospital Downtown. Sixteen children were on the bus at the time and the nine that were not injured were transported to school on another bus.

This appears to have been a situation of stop and go traffic on the expressway, in which the driver of the semi failed to pay attention to the traffic. This sort of negligence on the part of the semi driver, will result in his, his employer and the semi’s insurance company being responsible for the children’s medical bills and compensation for other injuries the kids suffered. Inattentiveness while driving can result in tragic accidents.
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A crossover accident has occurred on Ky. 52 near the Madison and Estill County boarder. Reports specify that a 1999 Ford Taurus, driven by Roy T. Burgess of Irvine, Kentucky, crossed over the center line in the road and struck an on-coming 1998 Volkswagen, driven by Steven Skaggs of Jeffersonville, Kentucky. The crash killed Burgess, who was 63 years old. Skaggs and his passenger, Jillian Willoughby, suffered injuries and were taken to the hospital.

Additionally injured, after the accident, was a Kentucky State Police Officer who was taking pictures of the scene of the crash. He was struck by another emergency vehicle and was taken to the hospital also.

This is a case where Skaggs and Willoughby will have injury claims against the Estate of Burgess and his insurance company for the injuries Burgess caused after crossing into the lane of on-coming traffic. They will be able to make claims for lost wages, medical bills, and pain & suffering, related to the car crash. Additionally, the Police officer, who was subsequently injured will have injury claims against the driver of the vehicle that hit him.
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895905_building_on_fire.jpg An unattended cigarette has caused a fire in an apartment in Louisville, Kentucky in the Butchertown area. Other apartments suffered damages as a result of the fire. Luckily no one was injured in the blaze, which occurred on Mellwood Avenue. Tow adults and two children were able to escape the residence before firefighters arrived. The fire occurred around 11:00 p.m. and smoke detectors alerted the residents of the fire.

Apartment fires can be costly, due to fire and smoke damage, coupled with water damage from attempts to put out the fire. Many times families loose everything they own to these types of fires. Additionally lose of life can occur. Families living in apartments should have insurance to cover these types of events. Renters Insurance can be very cheap and afford a lot of coverage and protection.
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