Fireworks Safety

Posted on June 28, 2022 by Edward A. Brutscher
Fireworks Celebration

We like to repost this article every year around this time. Remember to be safe this Independence Day. Please enjoy your 4th of July celebration responsibly.

Independence Day is right around the corner. It’s a time for celebrating our country’s independence with burgers and dogs, ice cream, games and, of course, fireworks. Children and adults love fireworks, and they can certainly add a “wow” factor to any celebration. However, it’s important to remember that fireworks are explosives, and explosives can be dangerous. Almost all of these fireworks are made in foreign countries and they may not have the same safety standards that you find in the United States.

Many states do not outlaw fireworks, and these fireworks can be nothing short of small mortars capable of causing severe injury or death. As for states that do outlaw fireworks, smaller less explosive fireworks are still available. These fireworks emit sparks of flame that can cause burns and even blindness.

What about snakes and sparklers. Harmless, right? While perhaps not as dangerous as the more explosive fireworks, sparklers and other incendiaries burn at about 2,000 degrees, which is hot enough to melt metal. Often these snakes or sparklers are left or thrown on the grown when finished. Most of us are old enough to remember stepping on a discarded sparkler thrown in the grass after dark. It was never a pleasant experience.

Fireworks can add to the fun of celebrating Independence Day. If you chose to use fireworks, please make sure to exercise proper precautions and safety. Nothing can ruin a fun celebration faster then a trip to the emergency room. For more information on the dangers of fireworks and safety measure to protect you and your guests, please visit the Consumer Product Safety Commission, here. Have a fun and safe Independence Day.

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WINTER STORM FORCES CLOSURES. THE BRUTSCHER LAW OFFICE TO CLOSE.

Posted on February 4, 2022 by Edward A. Brutscher
Storm Forces Closures
Storm Forces Closures

Extremely cold and icy conditions after yesterday’s winter storm forces multiple business and government closures. The Brutscher Law Office is also closed today. Louisville Jefferson County Public and Catholic schools announced closures for Friday early yesterday in anticipation of the brutal cold temperatures and icy conditions.

Road conditions continue to be sporadic throughout Louisville Metro. While the main roads appear to be relatively clear and free of ice and snow, back roads, including those further south of Louisville continue to contain snow and ice. While clearing roads make it possible to travel throughout Louisville, it is again recommended that if you do not need to travel that you should stay home.

Remember that while roadways may appear clear, temperatures in the 20’s prevent deicers and rock salt from melting ice. So, while the road may appear clear of snow, the ice underneath may still remain. However, under these conditions it appears to be clear asphalt. It is under these conditions that a term called “black ice” is used. Black ice gives the appearance of a clear but wet road. In reality, the road is covered with a thin layer of ice. This causes problems with traction and control of cars. Many people believe the road is merely wet and fail to take precautions against the ice.

If you must travel to work, please be aware of these conditions and exercise caution as needed. If you do not need to travel do not. The more cars on the roadway in these conditions the more likely that a wreck will occur resulting in serious harm or injury.

Many people will ask why did Louisville Jefferson County Public Schools close given that the conditions don’t appear too be to terribly bad. It is important to note that the Louisville Jefferson County Public Schools contain over 100,000 students alone. This does not include Louisville Jefferson County Catholic or Christian Schools. Nor, does it include administration, teachers, or staff. These students need transportation to their schools under modern school transportation systems. The additional buses and cars on the road along with the general public trying to get to work or government trying to continue essential services under these weather conditions can create an increase in traffic collisions and the risk of harm to students and adults alike.

Snow days are never easy for families and individuals who have children and have to work. These families and individuals rely on their children being in school while they go to work. However, it is better to be sure that your child is safe than to regret a poor choice on behalf of the school system to risk the chance. Few things cause as much fear and anxiety to parents and students as a news report showing a school bus full of children in an accident. On days like today, it is better to exercise prudence than to engage in folly.

Temperatures will continue to fall tonight into the low teens. Ice will continue to be present on roadways throughout Louisville. These conditions will maintain the slick and icy road conditions. Roads where the ice and snow melted, but are still wet, will freeze again.

Because today is Friday, many people will want to get out and enjoy the evening. No one wants to be forced inside during the weekend. So, if you do venture out, please be careful. Remember, poor weather is not an excuse for poor judgment. You are responsible for operating a motor vehicle in poor weather conditions and any failure to exercise care even in these circumstance can be negligence.

For a list of closures you can check out WLKY. You can also find a list of closures at WDRB’s, Snow Fox. More closure and delays can be found at Wave 3 and WHAS 11.

Hopefully, warmer temperatures will begin to melt the ice and snow and we can return to normal business operations. Until, then enjoy another snow day!

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The Brutscher Law Office Is Closed Due To Winter Storm Watch.

Posted on February 3, 2022 by Edward A. Brutscher

Winter Storm Forces Louisville Business The Brutscher Law Office to Close.

Due to the approaching winter storm, the Brutscher Law Office will be closed Thursday, February 3, 2022. We will continue to monitor the weather for Friday’s business hours.

According to most forecasts the weather is supposed to deteriorate rapidly as the temperature drops. Please exercise caution while driving. If you don’t have to leave the house, it is recommended that you stay indoors. Roads will gradually get icier as the temperature drops, making travel hazardous. It is important to know that overpasses and interstate on and off ramps may ice sooner than roadways. Less frequently used roads may also ice sooner.

It is important to note that bad weather or hazardous road conditions are not an excuse in the event that an accident occurs. Once a driver decides to operate their car or motor vehicle on the roadways during hazardous conditions, it is foreseeable that a collision or wreck can occur. This is the definition of negligence. So, if you do not need to drive, do not. If you must drive, please be careful. Try to reach your destination as soon as you can, without any unnecessary delays.

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HAPPY THANKSGIVING TO OUR READERS

Posted on November 25, 2020 by Edward A. Brutscher

The Brutscher Law Office would like to wish everyone a safe and happy Thanksgiving. While we may have to celebrate a little different this year, the sentiment and feelings are the same. It has been a very difficult and trying year. Remember to give thanks for the many blessings you’ve received. Many of our fellow citizens will celebrate this holiday without the presence of a loved one, who may have been taken too soon. Please keep them in your thoughts or prayers, and let’s all do our best to return things back to normal as soon as possible.

In celebrating the holiday, The Brutscher Law Office will be closing Wednesday, November 26, 2020 at 2:00 p.m. and will reopen Monday, November 30, 2020 during normal business hours.

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Edward A. Brutscher Is A 2020 Lawyer of Distinction.

Posted on September 1, 2020 by Edward A. Brutscher

Mr. Brutscher Has Been Nominated and Accepted Into The 2020 Lawyers of Distinction.

Lawyers of Distinction is the fastest growing legal organization in the United States, with over 1 Million people utilizing Lawyer’s of Distinction for finding attorneys who have been recognized for “Excellence in the Practice of Law”.

Mr. Brutscher will appear in the New York Times Sunday September 6th Edition. He will also appear in the Print Edition of the The American Lawyer.

Lawyers of Distinction Members have been selected based upon a review and vetting process by our Selection Committee utilizing U.S. Provisional Patent # 62/743,254. The platform generates a numerical score of 1 to 5 for each of the 12 enumerated factors which are meant to recognize the applicant’s achievements and peer recognition. All applicants must be licensed to practice law. Members are then subject to a final review for ethical violations within the past ten years before confirmation of Membership. A Lawyers of Distinction Nomination does not guarantee membership and attorneys may not pay a fee to be nominated. Attorneys may nominate to Lawyers of Distinction their peers whom they feel warrant consideration.

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Holiday Parking Lot Accidents; What You Should Know.

Posted on December 11, 2019 by Edward A. Brutscher

It’s that time of year again. Holiday shopping is in full swing. And while many people now shop online, stores and shopping malls are still America’s destination during the holidays. As anyone holiday shopper can tell you, driving and parking your car during these busy times can be stressful and exhausting. Unfortunately, during these busy times drivers are often distracted when looking for places to park.

As a result holiday parking lot accidents are common. The good news is that these accidents are often minor low speed accidents that do not result in any injuries. The bad news is that they still result in property damage. So, what should you do if you are involved in a parking lot accident?

First, you should understand that police departments do not ordinarily investigate accidents on private property. So, unless the accident occurs on a public road on the way to the store, it is unlikely that the police will investigate the scene. Some smaller municipal police departments may investigate the scene if its within their jurisdiction, but ordinarily larger city police departments won’t. You should be prepared when you’re told that the police will not respond.

It’s important in these types of accidents that you gather as much information as possible. Fortunately, technology today has made it easier to document the scene of an accident. It is important that you document the scene of the accident as it exists at the time the collision occurred. It is not uncommon for people to change their recollection of the accident or the information they provide once they leave the scene.

Many insurance companies now have phone Apps that help you in the event you’ve been in an accident. These Apps are designed to assist your insurance company in documenting the important facts surrounding the accident. This will make it easier to file a claim, assess the damage, or document the scene. If you do not have an App, it is important to photograph the scene and the vehicles at the time of the collision. Often times, parking lots are poorly marked and identifying the at fault driver after the collision without some type of photographic reference may be difficult. Take wide shots of the scene along with closer shots of the damage. This will assist the insurance companies in determining who is responsible and for what damages are incurred once a claim is filed.

You should also get information on the other driver, any passengers, and any witnesses to the accident. As with photographs, a picture of their driver’s license card will do. Make sure that you get a picture of their insurance card as well. If you do not have a cell phone with a camera, take the information down by hand. Get as much information as you can. Make sure you exchange this information with the other driver involved.

Once you have gotten all the information you need, it is important that you file a Kentucky Civilian Collision Report. This report can now be filed online at https://kentuckystatepolice.org/civilian-collision-reports/. You only need to fill out this form if the accident was not investigated by a police officer and the damage is above $500. Given the price of most cars, this is not a huge amount. If you are unsure of the damage, go ahead and fill out the form. Most insurance companies prefer that some official form or report is completed and attested to in order to help reduce the chances of fraud.

It is possible for someone to be injured, even in low speed minor impacts. The human body simply has not evolved to be in accidents between large heavy cars traveling at speeds ranging from 5-15 mph. If someone is injured in a holiday parking accident, the police will need to be called, along with any emergency personnel. Most police departments will investigate an accident on private property if it does involve an injury. In those cases, it is important to provide the assisting officer with any pertinent information he requests.

Holiday shopping can be fun and exciting, especially for the little kid in all of us. However, the distractions caused by crowded stores and shopping malls can increase the chances of a holiday parking lot accident. Exercise caution. Be alert. And, know what to do if you are involved in a holiday parking lot accident.

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Uninsured Motorist Coverage, Why You Must Have It.

Posted on November 7, 2019 by Edward A. Brutscher
Mr. Empty Pockets

Take a good look at Mr. Empty Pockets. He doesn’t have money to buy insurance for his car. That doesn’t stop Mr. Empty Pockets from driving, however. He drives his car all over town without a care in the world. Even though it is illegal for Mr. Empty Pockets to drive his car without insurance, he doesn’t have money for insurance, so he drives anyway. No big deal right?

Well, Mr. Empty Pockets doesn’t let a little thing like the law keep him from driving. And, why should he worry? Mr. Empty Pockets sounds like a very responsible and law abiding citizen. Guess what happens when Mr. Empty Pockets causes an accident and hurts someone? He doesn’t have any money or insurance to pay for the damages he caused.

If your car isn’t insured with full collision coverage, you are left with paying for the property repairs or purchasing a newer car if the damage is total. If you do not have Uninsured Motorists Coverage and you are injured, you are left paying for your damages out of your own pocket. Excess medical expenses above $10,000, lost wages, and any pain and suffering you endure are all borne by you and not Mr. Empty Pockets.

Can you sue Mr. Empty Pockets to recover the amounts you are owed? Of course you can. However, Mr. Empty Pockets doesn’t have money for insurance. It is highly unlikely that he has money to pay you out of his empty pockets. If your damages are high, his ability to pay you is even less likely. Without Uninsured Motorists Coverage you bear the full brunt of Mr. Empty Pockets decision to drive without insurance.

Uninsured Motorists Coverage is mandatory in Kentucky. It must be offered by any insurance company doing business in Kentucky. You can decline the coverage if you chose, but it must be signed by you in writing. Don’t reject this coverage. Often, in order to reduce monthly premiums, insurance agents will advise you to decline this coverage, saving you some money on your premiums. Don’t reject this coverage. The amounts that you save on insurance premiums are nothing compared to the damages you are likely to incur when hit by an uninsured driver.

Uninsured Motorists Coverage is insurance you purchase for yourself to protect you from irresponsible and law breaking jerks like Mr. Empty Pockets. You can’t force Mr. Empty Pockets to follow the law or buy insurance, but you can make sure that you are protected from jerks like Mr. Empty Pockets. Never reject Uninsured Motorists Coverage. If you have rejected it in the past, contact your local agent and request it be added to the policy. It’s piece of mind against expensive and harmful damages caused by jerks like Mr. Empty Pockets.

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Video Of Car Being Pulled From Pool Deck

Posted on August 8, 2019 by Edward A. Brutscher

What goes down, must come up!

Someone was in too big of a hurry to get to the pool. The car jumped the concrete curb stop and went through the fence and over the wall. Fortunately, no one was injured and the car was safely removed.

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Car Crashes Onto Pool Deck

Posted on August 7, 2019 by Edward A. Brutscher

Photos of an SUV after it crashed onto a Pool Deck.

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THE UPSIDE DOWN

Posted on August 5, 2019 by Edward A. Brutscher

It Can Be A Scary Place To Find Yourself After An Accident.

Most people recognize The Upside Down as the alternate Universe in Netflix’s hit series Stranger Things. However, in the world of car accidents it’s an actual place you can find yourself, and it’s equally as scary.

Upside down refers to financing associated with car loans. Generally speaking you are upside down on a car loan if you owe more money than the car is worth. After an accident, a person can find themselves upside down when they try to recover their property damage. In Kentucky, the compensation one receives for their property damage is the “fair market value.” Fair market value is the value that a willing buyer would pay to a willing seller to purchase the vehicle. This fair market value is often determined by manuals that assess the pros and cons of the overall vehicle value. NADA and Kelley Blue Book are two common assessors of fair market value.

Unfortunately, cars depreciate easily and the amount you owe on a loan can be significantly more than the car’s fair market value. When this occurs the money you would normally get to replace your car is paid to the financing company; however the money is not enough to pay off the loan, and you still owe. You are now in the Upside Down. You will still have to pay the financing company the amount due on the loan even though you no longer have the car.

This can place a double burden on the car accident victim. First, they no longer have their car for transportation. This can interfere with their ability to work and make money. Second, they do not have any money to replace the car but are still making a car payment. Such a result can easily escalate an already difficult financial situation for the victim, who is least able to afford it. Individuals who find themselves in the Upside Down often have poorer credit and a lower initial down payment. They are the persons least able to escape the Upside Down.

Fortunately, there are steps you can take to prevent ending up in the Upside Down. Perhaps one of the best and well known is Gap Insurance. This is an insurance payment, usually added to your monthly car payment, that will cover the gap between your car’s value and what you owe in the event of a car accident. This insurance protects you from ending up in the Upside Down.

Debt.org has a great article on upside down car loans and steps you can take to limit their long term financial impact, here. The last place you want to find yourself in is the Upside Down after a car accident that has left you injured and in a far worse situation then when you started. It’s a scary place.

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