Kentucky Accident Information

Information For Victims Of Kentucky Accidents From The Brutscher Law Office
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  • Winters & Yonker, PSC Sued by Former Client

    Posted on February 22nd, 2010 Edward A. Brutscher No comments
    Kentucky Lawyers Defendants in Lawsuit

    Kentucky Lawyers Defendants in Lawsuit

    The former law firm Winters, Yonker & Rouselle, now known as Winters & Yonker, PSC and its principal attorneys, have been sued by a former client in Jefferson Circuit Court.  The law firm, along with 1st Physicians Rehabilitation, Inc. and its owner, are alleged to have had a relationship whereby the medical provider would refer clients to the law firm, who would then instruct the client to have all future medical treatment provided by facilities owned and operated by the medical provider who referred the client.

    The Complaint alleges that neither the law firm nor the medical provider disclosed the true nature and extent of the relationship.  Furthermore, the client alleges that she was told by the law firm not to use her health insurance to pay for treatment.  The end result were medical liens held by the medical provider in higher amounts then the client otherwise would have paid had she used her health insurance.  When her settlement was reached, the client received less money then either the law firm or the medical provider, after payment of fees and expenses and medical liens.

    The ultimate gripe by the client is that her lawyers and the medical providers were not acting in her best interest, but in their own interest to her detriment.  Of course, allegations in the Complaint give only the Plaintiff”s side of the story.  You can read the entire Complaint, here.

    While there is nothing unusual about medical providers and attorneys referring clients in need of their services to one or the other, the purpose of these referrals should be for the benefit of the client.   If these allegations are true, they go well beyond the acceptable bounds of referral practice.

    If you’ve been injured in a car accident, truck accident, or motorcycle accident and need the services of an accident attorney or a medical provider who specializes in accident injuries, do not be afraid to ask your lawyer or doctor if they know someone who can help.  However, if you have questions about the treatment you are getting from your medical provider or the advice you are getting from your lawyer, you should ask your doctor or lawyer to address those concerns immediately.  Don’t wait until your case is settled to find out the impact those concerns might have on your case.

  • According to the Federal Government 34 “Deaths” Alleged in Toyotas Since 2000

    Posted on February 15th, 2010 Edward A. Brutscher No comments
    Toyota's Acceleration Problems Lead to Deaths

    Toyota's Acceleration Problems Lead to Deaths

    The Lexington Herald’s Kentucky.com reported on consumer data gathered by the federal government revealing 34 deaths linked to sudden acceleration in Toyotas since 2000.  Complaints related to acceleration in vehicles have surged in since Toyota’s recalls were announced.  According to the article:

    The new complaints reflect the heightened awareness of the massive recalls among the public and underscore a flurry of lawsuits on behalf of drivers alleging deaths and injuries in Toyota crashes. Three congressional hearings are planned on the Toyota recalls.

    In the past three weeks, consumers have told the government about nine crashes involving 13 alleged deaths between 2005 and 2010 due to accelerator problems, according to a NHTSA database. The latest reports are in addition to previous complaints from consumers that alleged 21 deaths from 2000 to the end of last year.

    According to Toyota spokeswoman Martha Voss the company takes, “all customer reports seriously and will, of course, look into new claims.” According to Voss, Toyota was taking steps to improve quality control and investigate customer complaints more aggressively.

    You can read the entire article here.

    The data by the federal government suggests that Toyota knew or should have known of acceleration problems as far back as 2000, yet waited until recently to issue a massive recall of vehicles.  This has led the federal government to question Toyota’s commitment to safety and has shed light on its secretive corporate culture that encourages quiet design changes each model year over embarrassing public recalls.  While this corporate climate may have allowed Toyota to gain market share over the past decade, it has turned into a public relations nightmare with no sign of letting up any time soon.  More embarrassing information is likely to come to light before this issue fades.  Whether it will have a long term impact on Toyota’s reputation is yet to be seen.

  • Toyota’s Deadly Secrets?

    Posted on February 12th, 2010 Edward A. Brutscher No comments

    MSN Money has an informative article on the recent spate of recalls by Toyota Motor Company, including regulator’s doubts of Toyota’s commitment to addressing safety defects.  According to MSN:

    On Jan. 19, in a closed-door meeting in Washington, D.C., two top executives from Toyota Motor gave American regulators surprising news.

    Evidence had been mounting for years that Toyota cars could speed up suddenly, a factor suspected in crashes causing more than a dozen deaths. Toyota had blamed the problem on floor mats pinning the gas pedal. Now, the two Toyota men revealed they knew of a problem in its gas pedals.

    The article goes on to chronicle the tension between Toyota and federal regulators governed with overseeing the safety of cars.  You can read the entire article here.

    CNBC also reported on Toyota’s problems in a video titled “More Trouble for Toyota”.  Click to play.

  • Kentucky Accident Information is Now Available on Your iPhone.

    Posted on February 12th, 2010 Edward A. Brutscher No comments
    Access Accident Information Directly from Your iPhone.

    Access Accident Information Directly from Your iPhone.

    You can now directly access Kentucky Accident Information directly from your iPhone or iPod Touch.  Simply type “kyaccidentinfo.com” into your mobile phone web browser.  A new easy to use mobile version of Kentucky Accident Information will appear.  Access information regarding your car, truck, or motorcycle accident, post comments or questions, or contact The Brutscher Law Office about your accident from your mobile phone.

  • Don’t Loan A Car–Not Even To Tiger.

    Posted on December 7th, 2009 Edward A. Brutscher No comments
    Should You Loan Your Car?

    Should You Loan Your Car?

    MSN Money has a great article on the consequences of loaning a car to someone who is involved in an accident. Although the article takes a tongue and cheek look at the accident involving Tiger Woods, it provides helpful insight into what you can expect if you loan your car, and it is involved in an accident.

    Perhaps most insightful is what happens if you loan your car to an uninsured driver.  If the uninsured driver who borrows your car causes the accident, your insurance will be 100% responsible for covering damages, including any injuries that occur.  If your uninsured friend is not responsible for the accident, but is injured, the other person’s insurance company will usually pay.  But what happens if the other driver is uninsured or carries too little insurance?

    If you have uninsured (UM) or underinsured (UIM) motorist coverage on your car, your insurance company will pay for your friend’s bodily injury.  In these cases, your friend is treated as an insured under the policy, just as you would be.  He would be entitled to the same benefits as you.

    What happens if you don’t carry insurance?  If you loan your car to someone who doesn’t have insurance, you have created a worst case scenario.  Not only are you violating Kentucky law, you’re setting yourself up to be personally responsible and criminally liable for the damages caused by your uninsured friend, including repayment of some benefits, like PIP, that do not depend on fault.

    If you must loan your car to someone, at least understand the consequences if your car is later involved in an accident.  Make sure that you carry sufficient insurance to protect you and your friend.  Under no circumstance should you drive or allow someone else to drive your car without insurance.

  • Crash Test: ’59 Chevy vs. ’09 Chevy. Who Wins?

    Posted on December 2nd, 2009 Edward A. Brutscher No comments

  • Statistics Reveal Men Are Worse Drivers Than Women.

    Posted on December 2nd, 2009 Edward A. Brutscher No comments
    Men Worse Drivers Than Women?

    Men Worse Drivers Than Women?

    MSN Money posted an interesting article on the topic of which gender made for the worse driver.  According to government and insurance industry statistics men are more likely than women to break traffic laws, drive under the influence, and be involved in accidents, including fatal ones.  Unfortunately, it’s not all good news for women drivers.  One statistic in which they led men was the percentage of women who received a DUI.  While men typically had more DUIs than women, the percentage of women receiving DUIs was actually increasing, while the percentage of men receiving them actually declined.

    While these general assumptions might determine which gender was the worst drivers, they didn’t necessarily transfer into lower insurance premiums for women.  Those were based on more specific factors, including an individual’s driving record and the insurance company.

    You can read the entire article here.

  • Happy Thanksgiving

    Posted on November 26th, 2009 Edward A. Brutscher No comments

    The Brutscher Law Office would like to wish everyone a safe and happy Thanksgiving.

  • Two Pedestrians, Including One Teen, Killed While Crossing Streets

    Posted on November 22nd, 2009 Edward A. Brutscher No comments
    Pedestrians At Risk

    Pedestrians At Risk

    Two pedestrians, including one teen, were struck and killed by separate cars in Lexington, Kentucky.  It appears that both accidents may have happened at night or at times of low visibility.  No information existed on whether the accidents occurred at intersections or crosswalks or in low lighted areas.  One of the drivers faces pending criminal charges for hit and run.  No criminal charges were reported in the other accident.

    I recently reported on the Louisville area’s poor ranking for pedestrian accidents.  These recent accidents show that pedestrian fatalities continue to be a concern.  However, the most striking result of the Courier Journal’s article is not the discussion on ways to improve the situation, but instead the discussion on who was to blame for the accidents.  I heard many comment that since they had observed pedestrians crossing traffic illegally at one time or the other, the pedestrians were to blame.  This argument is similar to comments I hear when the subject of bicycle fatalities arises.

    Blaming the victims of these terrible accidents does nothing to reduce the likelihood of their occurrence.  Each accident is different and when it comes to blame, experience tells me there is plenty to go around.  While the lack of a citation may evidence a lack of criminal responsibility, it does not mean the accident was the pedestrian’s fault.  In fact, the driver may still face civil liability for the accident.

    We have all experienced a situation where a pedestrian did not exercise the best judgment concerning where to cross, the type of clothing to wear, or the proper respect to show an oncoming car.  However, that fact alone does not excuse drivers from exercising caution or doing their best to keep a proper lookout for pedestrians.  This is true whether or not the pedestrian is exercising judgment for their own safety.  Ultimately, nothing will reduce these accidents, if pedestrians and drivers fail to respect each other’s right to use the roadway.

  • Weather and Rush Hour Traffic Cause Two More Accidents

    Posted on November 17th, 2009 Edward A. Brutscher No comments
    Weather a Big Contributor of Accidents

    Weather a Big Contributor of Accidents

    I came across two more accidents this morning involving rush hour traffic and tractor trailers. This time, however, weather also appears to be a factor. The first accident happened when a car turned left in front of another on Taylor Blvd. The second was reported by the Courier Journal and involved a tractor trailer and SUV on I-65 at hospital curve earlier this morning.

    Both occurred during rush hour traffic, when traffic is at its heaviest. One involved a tractor trailer on the Interstate. Weather most likely contributed to both. Anyone driving long enough has at one time or the other noticed the difficulty in driving when weather conditions are bad. Rain, sleet, snow, and other moisture impair visibility, reduce tire traction, and decrease reaction time. It’s not too surprising that given today’s conditions that several accidents happened.

    Be sure when driving during rush hour traffic that you drive defensively and take into consideration the amount and flow of traffic. Most drivers know that driving fast or being impatient does nothing to decrease the time they spend in rush hour traffic. When weather conditions are bad, particularly during rush hour, even more caution should be used. Be sure that the path is clear and that visibility is not impaired before assuming it’s safe to turn or enter traffic. Give yourself more time to make maneuvers because roads and other surfaces are slick. Reduce your speed and exercise even more caution. The few extra seconds you spend beats the time, money, and injuries incurred in an accident.

    Remember, if you’ve been injured due to someone’s failure to exercise care in bad weather conditions, you have a right to compensation for your injuries. If so, you should seek the services of a qualified Kentucky Accident Attorney.