Bowling Green Kentucky Legal Blog

The increasing number of big truck accidents

Big rigs, semitrucks, tractor-trailers or 18-wheelers: Whatever name is used, they can be found any time of the day and night, barreling down Kentucky roadways. In high winds, the trailers often sway, and they are so much larger than light trucks and cars on the road, many people try to avoid driving near them. A report from the Federal Motor Carrier Safety Administration shows that fatalities involving large trucks increased by 3 percent between 2015 and 2016.

More than half of these accidents occur in rural areas, not on Interstate highways. Of the nearly 480,000 police-reported crashes across the country, 104,000 resulted in injuries. For almost three-quarters of those injured, the collision with the semitruck was their first accident.

Nursing home ratings hide substandard quality of care

Caring for an elderly loved one who needs special assistance can be complicated, and in-home care is expensive. There are many factors that Kentucky families should take into consideration when searching for nursing facilities. One of the most critical points to consider is adequate staffing for proper care.

The Herald-Leader reports that until 2010, Medicare used unverified reporting by nursing homes to rate the facilities. Now that payroll records are verified, it appears that staffing may temporarily increase to required levels during reporting periods. Significant fluctuations in on-duty personnel results in patient care below standard accepted levels.

What is actionable medical malpractice?

Patients in Kentucky expect competent care from their medical professionals. If you are in a situation where that hasn’t happened, and you’ve received sub-standard care, you may sue for medical malpractice. Also known as medical negligence, it describes a diagnosis or treatment that increases the severity of an existing injury or causes a new one.

According to Findlaw, four factors must be established before filing an actionable medical malpractice suit. They are as follows:

  1. The doctor/patient relationship must pre-exist the claim. A doctor must provide the same standard of care as other medical professionals would provide their patients in a similar situation.
  2. Failure to uphold the duty of care must be proven. Medical negligence cases must show that your doctor’s actions when compared to those of doctors faced with similar circumstances, was inappropriate.
  3. The injury is due to the breach of duty. Although there are several reasons for any given outcome, it must be shown that the doctor’s failure to act or the type of action caused your injury.
  4. Quality of life must be adversely affected. The court must have substantial evidence that the injury prevents you from providing for your family or if you face a lifetime of medical treatments.

Older adults in nursing homes at risk for financial abuse

Placing your loved one in a nursing home or assisted living facility is never a simple decision. Your loved one very likely wants to remain at home, and you worry about the possibility for mistreatment in an assisted living home. It's important that you check the reputation, hiring practices and care standards of any facility you consider for a loved one.

However, even if you do your due diligence in checking the reputation of a facility, all it takes is one unscrupulous person to victimize your loved one. You may already know to watch for signs of physical, emotional and sexual abuse. What you may not realize is that a large number of seniors are also subject to financial abuse.

Social Security disability benefits for wounded veterans

If you or a loved one is like many returning Tennessee war veterans, life has irrevocably changed since deployment. Permanent physical damage to the body such as brain injuries and loss of the use of one or more limbs are common. At Debra L. Broz Attorneys at Law, PLC, we understand that military benefits may not be enough to cover your living and medical expenses. Military service members can receive Social Security disability in addition to those from the Department of Veterans Affairs to supplement finances.

Two programs pay benefits. You may qualify for the Social Security disability program if you paid Social Security taxes and worked for a minimum, specified length of time. The Supplemental Security Income program pays based on your financial need. Military pay and active duty status do not affect the eligibility for these benefits.

Trucking company negligence

Commercial vehicles in Tennessee are much larger than the average sedan or family minivan. As a result, trucking accidents often cause severe injuries and fatalities. A 2017 AAA Foundation for Traffic Safety study shows that more than 400,000 auto accidents on America’s roads involved commercial trucks. In addition to upholding safety regulations, installing advanced safety equipment can reduce the number of crashes significantly.

Truck companies that do not equip their trucks appropriately may be held liable for negligence. Available advanced safety equipment that can reduce the potential for accident and prevent serious injuries includes the following:

  • Lane departure warning systems
  • Air disc brakes
  • Onboard video safety monitoring systems

Beware of delayed pain after any car accident

If you have a car accident and think that your vehicle is the only thing that suffered any damage, you may have injuries that don't cause pain until hours or even days later. These are known as delayed pain injuries, and they can prove just as destructive or even deadly as other injuries that are much easier to identify and treat.

Our bodies are not built to withstand the impact of a car accident, even though most of us are so familiar with driving or riding in cars that we rarely think about just how unnatural it is. Car accidents often serve as a harsh reminder that we are much more vulnerable to injury than we might think.

Pedestrian accidents during the Fourth of July

At any time of year, pedestrians face the risk of being struck by a reckless driver. Whether someone veers off of the road or fails to stop at a crosswalk, there are different ways that pedestrians are hit by reckless drivers and these accidents can prove fatal or lead to a severe injury. During certain occasions, such as the Fourth of July and other holidays, the risk of a pedestrian accident may be especially high and we will look into some factors related to July Fourth pedestrian accidents in this post.

People celebrate the Fourth in many ways. For some, backyard fireworks or a large firework display are a tradition, while others enjoy taking their boat on the water or celebrating with friends and family members. Unfortunately, there are a number of reasons why pedestrians may be especially likely to be hit by a car during this holiday. In certain areas, there may be a significant and unusual increase in pedestrian traffic as people walk back to their cars from a firework show. Many people light fireworks off near the road and walk around for other reasons. Furthermore, some drivers get behind the wheel while they are intoxicated, an especially concerning aspect of Fourth of July accidents.

Why are recalls issued for drugs you may be taking?

Recently, your doctor prescribed a new medication for you to try to help treat a preexisting condition you have suffered for quite some time. Now, you have found out that the exact drug he prescribed is under mandatory recall in the state of Kentucky. Understanding why drugs are recalled may enable you to be better aware of the side affects you should be looking for if you begin to suffer unexplained symptoms. 

According to Web MD, the Federal Drug Administration puts every drug through rigorous testing before releasing it to the public for consumption. While the tests they run are conclusive most of the time, there are situations when issues become clear after the drug is already being used by people like yourself. When this happens, a recall is immediately issued and the drug's use is suspended until modifications are made to make it safer and more reliable. 

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