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Lexington Personal Injury Blog

What types of fault might apply to car accident cases?

Getting into a car crash is no laughing matter. Some people are lucky to walk away with a few scratches or bruises and some minor vehicular damage. Unfortunately, other people involved in a car accident may be seriously injured. When a person in Lexington is injured in an auto accident, they may want to pursue compensation from the responsible party. In order to do so, however, one need to identify who was at fault.

There are four different kinds of fault under common law. One type of fault is negligence. To act negligently means to act in a manner in which a person has a duty of care, but breaches it and either carelessly or inadvertently does something that causes another person to suffer some sort of damages. For example, if a motorist fails to yield when another vehicle has the right of way and causes a car crash that injures someone, this may be considered negligent behavior.

The Law Offices of Herren & Adams LLP 2017 Year In Review

A new year is a time for people to take stock, review the year behind and make plans for the New Year. When reviewing what we were able to accomplish for our clients in 2017, Law Offices of Herren & Adams LLP is incredibly proud.

Lack of infection control leads to nursing home abuse and neglect

People in Kentucky might assume that the nursing homes they choose for their loved ones will be sanitary. After all, just like hospitals and other health care facilities have infection control policies, so too should nursing homes, right? Actually, according to a Kaiser Health News analysis, nursing homes across the nation are failing to take the necessary precautions to prevent infections -- including washing their hands, keeping ill patients quarantined and having workers stay at home while they are sick. This, in turn, could potentially make nursing home residents severely ill.

According to the analysis, 74 percent of nursing homes studied received citations for lack of infection control. Some facilities have been cited multiple times for this issue. However, it is rare for a nursing home to be fined for such actions. Across the U.S., merely one out of every 75 nursing homes that received an infection control citation were penalized financially.

Where to turn after a wintertime car accident

With winter weather upon us, it is more important than ever that motorists in Kentucky drive with due care. When the snow is falling or roads are icy, this may mean keeping a greater distance between vehicles or even driving under the posted speed limit if necessary. In the end, though, there will always be those drivers who drive negligently or recklessly and cause car accidents.

When it comes to a car accident, having a thorough investigation is key. It is important to determine the cause of the crash, so that fault can be assigned. At our law firm, we understand how crucial it is to determine what happened, so that the right parties can be held accountable.

Fatal crash on I-75 caused by overturned semi

In the early morning hours of December 19, a semi-truck overturned on Interstate 75 in Lexington causing all southbound lanes of traffic to come to a standstill. The reason for the overturn has not yet been released. During the snare, the driver of a Ford Mustang crashed into another semi-truck that was stalled in traffic. He was pronounced dead at the scene. The cause of that crash is also still under investigation.

Highway fatalities are, unfortunately, common on I-75 and many times involve semi-trucks. In 2016, it was rated the fifth deadliest highway in the country, according to a financial information website.

When do you have a premises liability claim?

You probably associate most premises liability cases with slip, trip and fall accidents. These are definitely common and can lead to serious injury. However, they are not the only ways in which you may suffer an injury at a public location.

Knowing additional causes of accidents can help you determine if you have a premises liability claim. For further confirmation that you can seek damages from the responsible establishment, consult a personal injury attorney.

Nursing home abuse and neglect a serious issue nationwide

Kentucky residents with a loved one in a nursing home may be concerned to hear that a recent report from Congress revealed that nursing home abuse was reported in as many as 30 percent of nursing homes in the country. According to the report, of the over 5,200 nursing homes reported on, nearly 9,000 incidents of elder abuse took place over the course of 24 months. This included accidents that could have been prevented had the right measures been taken, residents suffering from malnutrition, bedsores that were not properly treated and residents suffering from a lack of medical care. According to the report, 1,601 of the incidents of abuse were so harmful that the victim was placed in immediate risk of becoming seriously injured, or even dying. Some of these incidents include nursing home workers kicking, choking and hitting residents. One report even revealed that in one incident, one resident of the facility was bribed to harm a second resident.

This is a serious issue. Victims of nursing home abuse can suffer serious harm -- both physically and psychologically. Also, according to one source, victims of nursing home abuse or neglect are 300 times more likely to die than those who do not suffer from abuse or neglect. In addition, there has reportedly been an uptick in the number of nursing home workers who share pictures of the abuse they or another person inflicted on a resident.

Automobile collides with Fayette County school bus

Riding a school bus is an iconic part of the lives of most children in Kentucky. We can trust that the bus drivers will act responsibly and transport children to school and home again safely. Unfortunately, we can't always trust other drivers on the road to exercise such caution, which could lead to a serious accident.

Recently, a Fayette County school bus was involved in a morning accident with an automobile. According to Lexington police, the driver of the automobile ran a stop sign and collided with the side of the school bus. The force of the crash turned the school bus onto its side and sent the school bus hurtling into a fence.

Time can be of the essence in truck accident cases in Kentucky

Companies in Kentucky and across the nation rely on semi-trucks to transport their goods from one place to another. Because of semi-trucks, and those who drive them, a person in Kentucky can enjoy oranges grown in Florida, for instance, as well as having available to them other goods from all across America. Semi-trucks are an integral part of commerce in the United States.

Unfortunately, semi-trucks can be difficult to handle, even in the best of circumstances. Oftentimes this leads to truck accidents. It is sometimes the case that the cause of a semi-truck accident boils down to the driver or truck company failing to live up to its duty of care. For example, truck drivers must follow regulations regarding how long they can be on the road before taking a rest break. If a truck driver fails to follow these laws, or if their employer encourages the driver to break them in order to make faster deliveries, this could lead to driver fatigue and ultimately a truck accident.

Even one drink could lead to car accidents

Some people in Kentucky do not think twice about having a drink or two at a restaurant, bar or party, and then driving home. They may think that they have not consumed enough alcohol to put their blood alcohol content level above the legal limit of 0.08, and therefore it is safe for them to drive. However, even drinking a small amount of alcohol could affect a person's ability to drive.

If a person has a BAC of 0.02, they might exhibit a lack of judgment and have mood swings. Their body temperature might go up a bit. They could have trouble seeing and multi-tasking. This could impair their ability to react to unexpected situations or focus on the task of driving.

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