Motor Vehicle Accidents

At-Fault, Negligent and Aggressive Drivers

When you have been in an auto accident, you may have a sense of who caused it. Issues of fault, however, can be complicated by who acted when and which laws governed the situation. If the other driver was negligent, you may have to prove that the driver breached a duty of care to you and that the breach caused your damages. The assistance of an attorney can be immensely valuable at this time. Actions, on the part of either driver, that may have contributed to the accident include:

• Failure to stop at a red light or stop sign
• Driving under the influence of alcohol or drugs
• Failure to compensate for dangerous weather conditions
• Driving above or below the posted speed limits
• Driver distraction caused by a cell phone, passenger, radio or another source
• Failure to obey traffic laws regarding turn signals, right-of-way and other rules

Sometimes the at-fault driver is more than merely negligent; he or she may have acted recklessly or even intentionally. A reckless driver acts with conscious disregard for the probable consequences of the driver’s actions.

Drunk Driving

In the US, someone dies every 30 minutes in an alcohol-related crash; someone is non-fatally injured every two minutes. Drunk driving can lead to both criminal charges and a civil lawsuit. Additionally, the business that sold alcohol to the drunk driver may be held liable if it served the driver when he or she was visibly intoxicated. This, however, does not take any responsibility from the driver who drove while intoxicated. If you have been in an accident involving alcohol or drugs, seek the help of an attorney who will explain your legal options.

Auto Accidents Not Caused by the Drivers

Sometimes, no matter how carefully you drive, you cannot avoid an accident. In certain cases, a vehicle’s manufacturing or design defect causes the accident or makes it worse. This might happen if, for instance, the brakes on your car fail or the airbag does not deploy when it should. The law of products liability applies in this situation, protecting consumers when products create an unreasonable risk of harm. If a product defect caused your injuries, you may have a case against the designer, manufacturer or distributor of the product.

Another responsible party could be a mechanic who improperly repaired the car that caused the accident. Both the mechanic and the mechanic’s employer could be liable in such a case.

Finally, poorly maintained roads, messy and confusing construction, unclear signage, improperly designed roads and similar problems can contribute to an accident. Government entities are typically responsible for the roads and highways; they may, therefore, be liable for accidents caused by the above factors. Special rules, however, apply to lawsuits against government entities; a lawyer will be able to explain them in detail.

Need a lawyer?

It is important to take prompt action when you have been in a motor vehicle accident. This will help you preserve your rights and seek proper compensation. Contact an attorney from De Renzo Durrett, PLLC for help. We understand. We can help. Everything will be fine.

Truck Accidents - An Overview

A traffic accident involving a large commercial truck, such as an 18-wheeler or semi truck, can have disastrous consequences. A typical fully loaded large commercial truck can weigh over 80,000 pounds, while an average passenger automobile weighs approximately 3,000 pounds. Because of the sheer size of trucks, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries. If a truck carrying hazardous chemicals or flammable materials is involved in an accident, the resulting injuries may be even more severe. Secondary injuries, such as burns and respiratory injuries, attributable to the dangerous or toxic cargo can result.

If you or a loved one has been involved in an accident with a commercial truck, you may be entitled to recover compensation for your injuries by bringing a legal claim against the responsible parties. An experienced trucking accident attorney at De Renzo Durrett, PLLC in Louisville can help determine whether you have a claim. We understand. We can help. Everything will be fine.

Proving Your Case

In general, the main legal theory of liability in a truck accident case, or any other motor vehicle accident case, is negligence. To establish a case, the injured party (the plaintiff) must show that the truck driver or other defendant owed a duty to the plaintiff to exercise reasonable care under the circumstances; the defendant breached or failed in that duty; that this breach was the cause of the plaintiff's injury; and that the plaintiff was harmed.

It is critical to begin investigating the accident as soon as possible so that evidence is preserved. There are a variety of types of information that are relevant to your claims, including information about previous violations of regulations by the trucking company or driver involved, the truck's maintenance records, the speed the truck and your vehicle were traveling, the location of the impact on the vehicles' exteriors, the truck driver's log book and statements from eye witnesses and first responders to the accident scene, such as emergency personnel and police officers. Another critical piece of evidence is the truck's "black box," which records data before, during and after a collision. It will probably also be useful to investigate the trucking company's policies and procedures.

An expert can be a tremendous resource to use in proving your truck accident case. An expert can testify about the possible negligence of a trucking company based on his or her familiarity with trucking regulations. An expert can be any person who has significant experience in the trucking field, such as a trucking company's safety director, the former owner of a trucking company, a former investigator for the department of transportation in your state or a computer expert who has experience obtaining information from the "black box."

Potential Defendants

Depending on the specific circumstances surrounding your truck accident, your lawyer may be able to pursue claims against other parties in addition to a claim against the truck driver. The trucking company or motor carrier, safety director for the carrier, diesel mechanic, vehicle inspector and insurance company may also be liable for your injuries.

When a commercial truck accident occurs, if an employment relationship is established between the truck driver and a trucking or shipping company, then that company can be held liable for the driver's negligence under a legal theory known as "respondeat superior." Under this doctrine, a trucking company or other employer can be held liable for the wrongful acts of its drivers. Trucking companies may try to fight liability under this theory by arguing that the wrongful act did not occur while within the scope of employment. Motor carriers also try to limit their liability by hiring drivers as independent contractors rather than employees.

In some cases, the manufacturer of the truck may also be held liable if the accident was caused by some defect in the truck. A shipper of hazardous materials carried by the truck may also be legally responsible for any injuries that were caused or made worse by the type of cargo on board. For example, if a shipper fails to advise a truck driver or trucking company of hazardous material contained in a load of freight, the shipper may be liable for injuries that result if that material catches fire or is released.

If a third party logistics company, which is a company that specializes in brokering transportation services but is not a motor carrier, is involved, it may be difficult to recover from that company. It has generally been held that the respondeat superior doctrine cannot be used against logistics companies because they generally engage in independent contractor relationships with motor carriers so they are exempt from liability. In addition, section 14704 of the Federal Motor Carrier Safety Administration often limits the liability of third party logistics companies in personal injury cases.

Conclusion

A traffic accident involving a tractor trailer, 18-wheeler, semi truck or other commercial truck can result in serious physical injury and property damage. If you or a loved one has been injured in a truck accident, you may be entitled to compensation. It is important to contact an experienced truck accident attorney at De Renzo Durrett, PLLC in Louisville to discuss your case as soon as possible. We understand. We can help. Everything will be fine.

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Auto Accident Injuries and Compensation

An individual who has been injured in an automobile accident may be able to seek monetary compensation for injuries and damages. Cases are fact specific, typically with complex issues of proof and fault in dispute. Working with an experienced attorney from De Renzo Durrett, PLLC in Louisville, Kentucky, will help you sort out your legal options. We understand. We can help. Everything will be fine.

Compensation for Your Losses

The injured party in a motor vehicle accident may be able to recover damages from the party or parties who caused the accident. Damages are monetary compensation for the victim’s injuries or losses. Compensable injuries include physical injuries like broken bones, spinal cord injuries and head injuries; the pain and suffering caused by physical injuries may also be compensable.

Damages may also be sought to pay for the victim’s medical bills — bills that arose directly after the accident, in addition to reasonable future medical bills. If the victim requires rehabilitative services or accommodations, such as physical therapy or a ramp leading to the home, these costs may be recovered. The accident victim also may recover lost past and future wages. Compensation for damage to personal property may also be recoverable.

Other damages that are more difficult to quantify may also be sought. Mental pain and suffering may be compensable, as may permanent impairment or disfigurement. Loss of enjoyment of life is also compensable in certain situations.

If the injured person was already suffering from a previous injury, that does not necessarily bar monetary recovery. The accident may have aggravated or worsened the victim’s existing injury, and the new injury can be treated as a separate matter from the underlying injury.

If you have been injured in an auto accident, it is a good idea to keep a daily diary documenting how the injury is affecting you, both emotionally and physically. This can be of great assistance when it comes time to show the effects of the accident.

Spouse’s Damages: Loss of Consortium

Even if the spouse of the motor vehicle accident victim was not in the car at the time of the crash, the spouse may also be experiencing a loss. Almost every state recognizes the claim of loss of consortium. Loss of consortium refers to the negative effect the accident has had on the marital relationship. The marital relationship generally comes with certain benefits, such as companionship, comfort, assistance, sexual relations and affection; the loss of consortium can be temporary or permanent.

Auto Insurance

It is most often the case that auto accident victims who recover in court or via a settlement are paid by the other driver’s insurance company. If the other driver is uninsured or underinsured, however, the accident victim must pursue other means of recovery.

The insurance policy of the victim may have an uninsured-motorist or underinsured-motorist provision that will compensate the victim. Other types of insurance policies, available through the victim’s spouse or employer, may also provide benefits. How significant a benefit and whether it is available depends, of course, on the specifics of the policy itself.

Amount of Financial Recovery

The level of damages to which the auto accident victim may be entitled depends on numerous factors. State law, the victim’s injuries, proving the facts of the case and even the victim’s own actions can come into play. So can the type and length of medical treatment, the insurance coverage of each party, the effect of the accident on the victim’s income and the permanence of the injuries. This is why an experienced attorney can be such a strong ally in planning the case and assessing damages.

Need a lawyer?

A motor vehicle accident can have catastrophic consequences, both for the victim and the victim’s family. Contact an attorney at De Renzo Durrett, PLLC in Louisville, Kentucky, to discuss your legal options.

Riding motorcycles is a popular activity and total motorcycle registrations increased 51% between 2000 and 2005. In 2006, Americans bought over 1.1 million motorcycles.² Despite their popularity, the inherent nature of motorcycles makes riding them a potentially dangerous undertaking. Unlike cars and other vehicles, motorcycles offer drivers and passengers no protection. There is nothing between the rider and the open road other than the clothes the rider is wearing and possibly a helmet. If you have been injured in a motorcycle accident, an experienced personal injury attorney at De Renzo Durrett, PLLC in Louisville, Kentucky can explain your legal options. We understand. We can help. Everything will be fine.

Motorcycle Crash Statistics

Motorcycles are less visible on the road than other cars and trucks and are less stable on rough or slick roads, which leads to accidents. In addition, because motorcycles are not enclosed like cars, riders and passengers often suffer more serious injuries in accidents. According to the National Highway Traffic Safety Administration, the number of deaths per mile traveled in 2004 on motorcycles was approximately 34 times the number in cars.³ Since 1997, fatalities among motorcycle drivers and passengers have more than doubled.³ Accidents involving a motorcycle and another vehicle made up half of all fatal motorcycle crashes in 2005.³ In fatal crashes between two vehicles, 78% of the motorcycles involved were hit in the front and 6% were hit in the rear.³

Causes of Action

Like other personal injury cases, a motorcycle accident case will generally be brought under the theory of negligence. To establish negligence, the plaintiff (the injured party) must prove that the defendant (the party the plaintiff is suing) owed the plaintiff a duty; breached that duty; caused the plaintiff's injuries; and that the plaintiff suffered injury or damage. Negligence claims are common in situations in which another driver hits the motorcyclist.

If a person was injured because of a defective motorcycle or motorcycle part, he or she may be able to bring a strict liability claim against the manufacturer of the motorcycle or part. For example, if a motorcyclist is injured when the breaks on his bike fail, he may be able to assert product liability claims against the manufacturer of the breaks.

Building Your Case

If you or a family member was injured in a motorcycle accident, it is important to take certain steps, in addition to consulting with an attorney, to protect your rights and build your case for recovery of damages. If the police arrive at the accident scene, give them basic information such as your name and address and the relevant facts about the accident. Do not admit blame or fault for the accident. After the accident, seek immediate medical help if needed and keep your medical records. In addition, keep any bills related to medical treatment, and keep track of any other expenses related to your accident such as repair expenses, rental vehicle costs and wages lost because of missed work. All of this information is relevant to the calculation of damages.

If you are able to do so, try to talk to other drivers or pedestrians who witnessed the accident. At the very least, try to write down their names and phone numbers before they leave the scene. While some witnesses may wait for the police to arrive and collect their information, others may leave before the police get there so it is important to have their contact information. In addition, exchange names, addresses, telephone numbers and insurance information with the driver(s) of the other vehicle(s) involved in the accident. As soon after the accident as possible, take photographs of the scene to record evidence and the road conditions. Photographs of your injuries and damage to your motorcycle or other property are also important to have.

Depending on your situation, it may be necessary to engage expert witnesses to assist with building your case. Experts in crash reconstruction or motorcycle mechanics may be able to assist with determining the cause of the crash and the defendant's potential fault.

Comparative Negligence

If you bring a negligence action against another driver, that driver may argue that your own negligence is at least party responsible for your injuries. The doctrine of comparative negligence may reduce or limit your recovery if you are found to be partly at fault for your injuries. In states that have adopted a "pure" comparative negligence rule, an injured party whose negligence is not the only proximate cause of the injuries can recover an amount that is reduced by his or her proportionate share of fault. In states that have adopted an "equal to or greater than" rule of comparative negligence, the injured party's fault is not a bar to recovery if his or her negligence is not as great as the negligence of the defendant, with a reduction in damages proportionate to his or her degree of fault.

Conclusion

Motorcycles are extremely popular, and this popularity has led to an increased number of riders and an increased number of accidents. If you or a loved one has been injured in a motorcycle accident, talk to an attorney at De Renzo Durrett, PLLC in Louisville, Kentucky who has experience handling motorcycle accident cases.

1. See Popularity of High-performance Motorcycles Helps Push Rider Deaths to Near Record High, Sept. 11, 2007, available at http://www.iihs.org/news/rss/pr091107.html

2. See Q & As: Motorcycles - general, Sept. 2007, available at http://www.iihs.org/research/qanda/motorcycles.html

3. See Q & As: Motorcycles - general, Sept. 2007, available at http://www.iihs.org/research/qanda/motorcycles.html