Workers’ Comp If You Were Injured on Your First Day at Work

If you have just started a new job, you may not yet understand the full range of benefits your employer provides. But in Kentucky, one thing you can generally count on is that you are covered by workers’ compensation insurance. Most employers in Kentucky are required to provide workers’ compensation benefits for full and part-time employees.

Even if you are injured on the first day of work, your employer’s workers’ compensation insurance coverage extends to you. Anyone who is injured on the job and told they are not eligible for benefits should speak to a workers’ compensation lawyer as soon as possible.

An experienced workers’ compensation lawyer at Morgan, Collins, Yeast & Salyer in Lexington, KY, can help you obtain all of the workers’ compensation benefits you qualify for after a workplace injury. We know KY workers’ comp rules and regulations, and we know how some employers and insurers attempt to avoid their obligations. Contact us today to set up your free consultation.

Who Qualifies for Workers’ Compensation in Kentucky?

Kentucky law requires most businesses with one or more employees to provide workers’ compensation insurance coverage to their employees. This is a group coverage plan. Anyone who joins the group by being employed is automatically covered. Every employer in Kentucky must display proof of workers’ comp coverage at their office.

Under Kentucky workers’ comp laws, certain employees are exempt from coverage, including:

• Anyone employed in agriculture
• Domestic workers employed in a private home with fewer than two regularly employed workers
• Anyone employed temporarily as a handyman to do remodeling, maintenance, repair, or similar work in a home
• Members of a religious sect or organization that opposes insurance benefits
• Any person working in return for aid or sustenance for a religious or charitable organization

Employees can voluntarily reject workers’ compensation coverage by filing a Form 4 Waiver with the Department of Workers’ Claims. But Kentucky law prohibits employers from using Form 4 Waivers as a condition of employment.

Workers’ compensation is a no-fault insurance system. Individuals who are covered do not have to show that someone else was at fault to obtain benefits. An employee who is injured while on the job and is out of work for seven days qualifies for workers’ compensation benefits. You have a right to benefits, even when you get hurt on the first day at work.

Employers are responsible for paying workers’ compensation benefits, usually through insurance companies.

Workers’ comp insurance typically provides payments for:

• Medical costs
• Partial replacement of wages
• Return-to-work services, i.e., rehab, training/education

Workers’ comp insurance also provides specific scheduled benefits for disabling injuries and death benefits to a deceased worker’s immediate family.

What If I’m Injured On My First Day Of Work?

Any time an employee is injured while on the job, the injured worker should report the accident to their supervisor. The company may have a formal process for reporting on-the-job accidents and injuries. An injured employee should follow company policies for reporting an accident and/or injury as closely as possible.

If there is no formal process, be sure to follow up reporting your accident verbally by making a written report. This may be an email to your supervisor with your name, date, time, and what happened to you. This documents the fact that you were hurt and reported it.

You also need to see a doctor right away if you have been injured while on the job. Ask the doctor for a note if he or she says you need to stay home and give it to your employer. Keep a copy of it and all other documents related to your injury.

Filing a workers’ comp claim requires the injured employee to complete and submit an Application for Resolution of a Claim. Your employer may do this but has no legal obligation to do so. The Kentucky Labor Cabinet says on its workers’ compensation web page for injured workers, “Due to the complexity of the claims process, most injured workers hire an attorney to file a workers’ compensation claim for them.” A knowledgeable attorney can guide you through the claims process.

If your claim is approved, workers’ comp insurance should pay all of your medical bills related to the accident and about two-thirds of your weekly pay while you cannot work. The wage replacement benefits are known as temporary total disability benefits or TTD. Temporary total disability benefits end when you recover and can return to work or when your physician reports that you have reached maximum medical improvement.

If you have suffered a permanent disability from a workplace injury, you’ll be assigned a permanent impairment rating. The disability rating determines the amount of your permanent partial disability (PPD) or permanent total disability (PTD) payments.

If your claim is denied, there is an appeals process. You have several opportunities to demonstrate that you qualify for benefits. You will need an attorney to navigate the appeals process.

Many workers’ comp claims are denied because of technical errors, paperwork problems an attorney can identify and help you resolve. But if your employer’s insurance company is denying your eligibility for benefits, you need to keep in mind that they deal with the workers’ comp program every day. You need someone on your side of the table who knows the system and can help you present a full and accurate depiction of your injuries and qualification for benefits.

Get the Workers’ Comp Benefits You Deserve

If you are a worker in Kentucky injured on the job, it is very likely that you qualify to receive workers’ compensation benefits. But an employer afraid of higher insurance premiums or an insurer facing a potentially large payout may claim that you don’t qualify for benefits. Speak to a Morgan, Collins, Yeast & Salyer workers’ compensation lawyer to find out what you truly deserve in workers’ compensation benefits and let us help you pursue it.

Don’t take on an insurance company by yourself, and don’t take an insurer’s response of “claim denied” as the final word. Contact us now to schedule your free consultation. We will fight for all the benefits you are due and show them what Kentucky Courage means.

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Workers’ Comp and Cumulative Trauma Injury Costs

Everyone experiences some physical changes as a result of natural aging. But the strenuous physical demands of some jobs can cause workers to experience greater than expected degenerative changes, leading to the need for joint replacement, spinal fusions or other medical procedures.

A Kentucky worker who requires a knee or shoulder replacement or spinal surgery for a degenerative condition may qualify for workers’ compensation benefits including disability payments if their impairment was caused by the cumulative trauma of doing their job.

Some employers and insurers may dispute claims for workers’ comp benefits for cumulative trauma injuries, also known as wear and tear injuries. But workplace injuries that develop gradually over months or years can be just as disabling and serious as injuries from sudden accidents. Cumulative trauma injuries suffered because of job duties or working conditions are recognized by the Kentucky workers’ compensation system as compensable injuries.

The Kentucky workers’ compensation attorneys of Morgan, Collins, Yeast & Salyer have helped many workers obtain benefits for cumulative trauma injuries. We know the law and how to build persuasive cases. If you have questions about whether you may qualify for a workers’ compensation settlement for a cumulative trauma injury, contact us right away. We have the Kentucky Courage to stand up to big insurance companies and fight for you. We can schedule a free initial consultation to discuss your options available to you.

What is a Cumulative Trauma or Wear and Tear Injury?

A cumulative trauma injury or wear and tear is one in which damage to your body accumulates over time as you repeat certain motions and exert yourself to perform your job. The injury is due to excessive wear and tear on muscles, tendons and nerve tissues.

Kentucky’s workers’ compensation law acknowledges injuries caused by repeated stress and strain. At KRS 342.0011, definitions for Chapter 342, Workers’ Compensation, the statute says “Injury is defined as any work-related traumatic event or series of events, including cumulative trauma, arising out of and in the course of employment.”

To have a valid claim, you’ll need to have an established medical history including diagnostic tests that show greater than expected degenerative changes in the affected area of the body.  The condition must be related to work activity.

Types of Cumulative Trauma Injuries

A Kentucky worker who has suffered a cumulative trauma or wear and tear injury should not hesitate to explore the availability of workers’ compensation benefits.

Our workers’ comp attorneys at Morgan, Collins, Yeast & Salyer encourage workers to see their family doctor, get diagnostic tests to show the cumulative trauma and get a referral to a surgeon to evaluate whether surgery is needed. When possible, it’s best to take the initial steps while you are still employed.

You may qualify for an impairment rating and workers’ compensation benefits.

The types of conditions that may involve cumulative trauma and qualify an injured worker for workers’ compensation benefits include:

• Shoulder Surgery—Shoulder movement occurs in many work activities including lifting, pushing, pulling, and reaching. Shoulder injuries are common cumulative trauma injuries among workers who lift loads such as warehouse workers, grocery store stockers, and nurses’ assistants. Some injuries require partial or complete replacement of the shoulder ball-and-socket joint.
• Knee Replacement—Jobs that involve a lot of walking or climbing may lead to knee pain and stiffness that limit your mobility or cause you to walk with a limp. You may need a partial or complete knee replacement if you have experienced greater than expected degeneration of the knee joint as a result of your job duties.
• Hip Replacement—Jobs that involve bending, squatting, twisting, crawling, standing for long periods of time, and heavy lifting may put added stress on the hips and lead to a physical impairment requiring a hip replacement. Hip injuries can be caused by repetitive workplace activity.
• Degenerative Discs—Jobs that involve repetitive neck motions, working in awkward positions, or bending put extra stress on the neck and back Degeneration of discs between the vertebrae can put pressure on nerves and cause severe back pain, restricted movement, and loss of function. Spinal fusion surgery may be required to address degenerative discs in the cervical or lumbar region of the back.
• Carpal tunnel Syndrome—This repetitive stress injury involves compression of the median nerve as it passes through the carpal tunnel in the wrist due to inflammation. Jobs that can cause carpal tunnel syndrome include those that combine high force, high repetition, and awkward hand postures such as typing, data entry, assembly line work, meat processing packing, sewing, and cutting.
• De Quervain’s Disease— This injury is caused by excessive friction between the two thumb tendons and the sheath they share. The condition is often diagnosed in buffers/grinders, sewers and cutters, packers, and housekeepers.
• Raynaud’s Syndrome—Also called “vibration white finger” or “hand-arm vibration syndrome,” this condition causes numbness and tingling in the fingers. Ultimately, it leads to loss of sensation and muscle control in the fingers and hands. It is caused by forceful gripping or prolonged use of vibrating tools, such as hand-held power drills, power saws, needle guns, chipping hammers, and rotary hammer drills.
• Rotator Cuff Tendonitis—A rotator cuff injury involves swelling, and tearing of tendons in the shoulder often associated with work that requires the elbow to be in an elevated position for long periods of time, such as while performing overhead tasks.
• Trigger Finger Injury—This is an inflammation of the tendon sheath of a finger that causes the tendon to become locked in the sheath. Often associated with using tools that have handles with hard edges or ridges, or repetitive bending of the fingers with continued forceful gripping of equipment.

Treatment and Costs of Cumulative Trauma Injuries

The typical symptoms of cumulative stress injuries are pain, numbness, loss of motion, and loss of sensation. Treatment tends to escalate according to the intensity of pain or loss and includes combinations of:

• Rest
• Exercise programs to strengthen the tissue and minimize further injury
• Pain management techniques
• Steroid injections
• Braces or splints to immobilize the area
• Surgery (most commonly recommended to relieve the symptoms of carpal tunnel syndrome)

Cumulative trauma injuries cost workers lost income and businesses lost productivity. With serious injuries, workers may no longer be able to handle the physical demands of their former job.

The Kentucky Department of Workers’ Claims reports that in the fiscal year 2019-2020, there were 3,903 new applications for the resolution of claims, which means a disputed claim had to be resolved by an Administrative Law Judge. Among litigated injury claims, the three most common causes of injury were strains (1,433), falls, slips or trips (738), and cumulative trauma (437).

Contact a Cumulative Trauma Injury Attorney Today

Jobs that involve strenuous physical activity can cause cumulative trauma or wear and tear injuries. If you have developed a work-related cumulative trauma injury, you may be entitled to workers’ compensation benefits.

You’ll need the help of an experienced workers’ compensation who will fight for you to receive the full benefits provided by law. If you need help filing a workers’ compensation claim or appealing a denied claim, the Kentucky workers’ comp attorneys at Morgan, Collins, Yeast & Salyer are ready to help you seek the maximum compensation available by law.

Call us now at (877) 809-5352 or contact us online to schedule a free, no-obligation consultation, and put our Kentucky Courage to work for you.

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Where Do the Most Common Slip and Fall Accidents Occur?

Falls are a common form of injury. The National Safety Council says more than 8 million people were treated in emergency rooms for fall-related injuries in 2019, and 39,443 people died in falls at home and at work. The Kentucky Injury Prevention and Research Center (KIPRC) says 303 people in Kentucky died from falls in 2018, and another 11,979 required hospitalization after a fall.

Slip and fall accidents that lead to serious injury can happen anywhere to anyone. The KIPRC’s report published in February 2021 says falls were the leading cause of emergency room visits for nearly every age group except for 18-24-year-olds, for whom falls were exceeded only by motor vehicle accidents.

If your fall happens on someone else’s property, you may be eligible to seek compensation for your medical bills, missed time from work, or more. Property owners have a legal obligation to ensure their buildings and grounds are safe for lawful visitors. If they neglect safety concerns or fail to provide adequate warning of foreseeable hazards, they may be held accountable for slip and fall accidents.

In Lexington, KY, phone (877) 809-5352 to find out how the Kentucky slip and fall lawyers at Morgan, Collins, Yeast & Salyer can help you. An initial consultation is always free.

Most Common Causes of Slip And Fall Accidents

The KIRPC report, Kentucky Injury Indicators 2018, lists unintentional falls that led to fatalities, hospitalizations, and emergency department visits.

Among fatal falls, which happen mostly to the elderly, the most common types of falls reported were:

• Falls on the same level to the floor or ground – 29%
• Falls on or from stairs or steps – 7%
• Falls from furniture or a wheelchair – 5%
• Falls from heights – 4%
• Fall from one level to another – 3%

The nature of most fatal falls (52%) was unspecified.

Falls leading to hospitalization included:

• Falls to the same level from slipping, tripping, or stumbling – 29%
• Falls on stairs – 7%
• Falls from furniture – 6%
• Falls from one level to another – 3%
• Falls from or on a ladder – 2%
• Falls due to ice or snow – 2%
• Falls from a nonmoving wheelchair or nonmotorized scooter – 2%
• Falls from, out of, or through a building or structure – 1%

Falls treated at an emergency room but not requiring hospitalization included:

• Falls to the same level from slipping, tripping, or stumbling – 28%
• Other slipping, tripping, or stumbling falls – 13%
• Falls from or on stairs – 9%
• Falls from furniture – 7%
• Falls from one level to another – 6%
• Falls due to ice or snow – 2%
• Falls from or on a ladder – 2%
• Falls on or from playground equipment – 1%

Unspecified falls (28%) and other falls (3%) also led to ER visits.

In most cases reported, the individual slipped, tripped, and/or fell to the floor or ground. People also fall on stairs and steps, from furniture and ladders, and on ice and snow. Children fall from playground equipment. Falls from heights such as ladders or scaffolds often cause fatal injuries.

Common Places Where Slip and Fall Accidents Occur

You could slip and fall at any time, no matter your age or health. We typically see clients whose slip-and-fall accidents have happened in parking lots or on the premises of:

• Grocery stores, department stores, big-box stores, malls, convenience stores, boutiques, and other retail establishments
• Restaurants
• Motels and hotels, including hotel banquet/meeting facilities
• Banks, government offices and other worksites and office buildings
• Theaters, stadiums, and arenas
• Parks and playgrounds
• Hospitals, doctors’ offices, clinics, and other medical centers
• Apartment and condominium complexes
• Retirement and nursing homes, where residents often fall
• Private homes.

People slip, trip and fall because of:

• Wet and slippery floors caused by spills or tracked-in rain and snow, or by mopping, waxing, buffing.
• Cluttered aisles, floors, and walkways
• Loose carpets, rugs, mats, floorboards, tiles, or paving stones that shift or slide when stepped on
• Tears and holes in carpets, rugs, mats, floorboards, and linoleum that trip people
• Broken or loose stairs, stair treads, or handrails that give way with the weight of users
• Unguarded or unmarked potholes in parking lots or yards
• Poor lighting in walkways, stairwells, or parking garages
• Malfunctioning elevators and escalators that start or stop abruptly or stop misaligned with floors or landings.

What to Do After a Slip and Fall Accident

If you slip or trip and fall and are injured in a public place, such as at a grocery store, an office building, or a theater, you should report the injury to management, orally and in writing. Get the owner’s contact information. You should see a doctor right away. The property owner needs to know about the hazard and your accident, and you need to have your injuries treated. But these contacts also document the fall and injury in case you have a slip-and-fall accident claim.

A slip-and-fall accident claim may be possible if:

• You were injured in a fall on someone else’s property
• You had a legal right to be on the property
• The owner neglected their duty of safety to visitors to their premises
• The harm you suffered is a result of the property owner’s negligence.

An example would be a fall at a grocery store caused by a hazard, such as a broken bottle of juice. If the staff had had reasonable time to discover the spill but had failed to clean it up or post a warning to avoid the spill, then the store may be considered negligent for injuries that occur.

You should document everything you can about a slip-and-fall injury with photos and written notes, receipts from medical visits, and speak to a slip and fall accident attorney. An attorney can advise you and, if there is potential for a claim, move to secure evidence, investigate, and file a claim on your behalf.

Contact a Kentucky Slip and Fall Accident Lawyer

If you have been injured in a fall accident on someone else’s property in Kentucky, contact Morgan, Collins, Yeast & Salyer as soon as possible. Our slip and fall lawyers can assess your potential claim in a free and confidential meeting. If our investigation indicates negligence on the property owner’s part, we’ll press hard for compensation for you.

It takes courage to stand up and say you were wronged by some company’s negligence. Let us back your Kentucky Courage with ours. Contact us now at (877) 809-5352 or online to get started on your claim for compensation you are due today.

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What You Should do After a Multiple-Vehicle Accident in Kentucky

When we think about car accidents, we often envision two cars in a collision. As car accident attorneys, we work to determine who was at fault in collisions and what compensation our clients should have for their injuries and other losses.

Demonstrating who is at fault to the satisfaction of insurance companies or a Kentucky civil jury becomes more complicated when three or more vehicles are involved in the collision.

It may not be immediately apparent why a multi-vehicle accident has happened. Three or more vehicles may be involved in a pile-up. More than one driver may be partly at fault.

If you or a loved one has been injured in a multi-vehicle crash, the attorneys of Morgan, Collins, Yeast & Salyer have the experience and the resources to determine what happened and to prove who is legally responsible for your losses. With that proof in hand, we’ll move to seek full compensation for you from those at fault.

Our attorneys at Morgan, Collins, Yeast & Salyer have the skill and the Kentucky Courage to separate fact from finger-pointing after a multi-car accident. Contact us today online or at (877) 809-5352 to schedule a free legal consultation about your accident claim.

What’s a Multi-Vehicle Accident?

Car accidents are typically categorized as single-vehicle, two-vehicle, or multi-vehicle accidents. A multiple-vehicle accident refers to one involving three or more vehicles. A multi-vehicle accident may also be called a chain-reaction collision or a pile-up.

These accidents are referred to as chain-reaction accidents because often after one or two cars collide, additional vehicles are unable to avoid involvement in the wreck.

In February 2021 on Interstate 24 outside of Paducah, KY, for example, the driver of a tractor-trailer slammed on his brakes to avoid a car that had hydroplaned and spun out in front of him. A passenger car crashed into the suddenly-stopped truck and became lodged beneath the trailer.

Sometimes, the initial impact of a collision sends one of the vehicles into a third vehicle, as occurred in a fatal I-24 crash near Paducah in May 2021.

In some cases, the initial crash cannot be avoided by oncoming vehicles, which results in a chain reaction of cars slamming into the growing pile-up of vehicles or crashing as they swerve to avoid the main wreckage. Such a multi-car accident may be due to slick roads, fog, or another reason that drivers cannot see to slow down until it is too late.

The Complexity of a Multi-Vehicle Collision Claim

The aftermath of a multi-vehicle accident is more complicated than dealing with a single- or two-vehicle collision because there may be multiple people injured and multiple drivers whose actions may have contributed to the accident. Multiple insurance companies may be involved.

Any insurance company representing a driver involved in the multi-vehicle wreck will want to establish who was at fault before it agrees to make a payment. Injured drivers and passengers with valid claims for serious injuries may get frustrated by insurance company delays in processing their claims. They may wonder whether they’ll ever be made financially whole.

The insurance companies typically give weight to the police accident reports in deciding which drivers involved in a multi-vehicle accident were at fault. If the insurance companies aren’t able to agree on the assignment of liability, a formal lawsuit may put the question before a judge and jury.

Who’s at Fault in a Multi-Vehicle Accident

The more people involved in a multi-vehicle accident, the more versions of what happened you are likely to have. No driver is likely to come forward and say it was all their fault. In fact, you should never admit or accept blame for a car accident because you may not be in a position to know all the contributing factors to a crash. As the police and insurers work to sort it out, make sure you understand your legal rights by having a car accident attorney review the details of the accident. The consultation is free and will help you clarify your options.

When we represent a client, our car accident attorneys at Morgan, Collins, Yeast & Salyer will conduct our own investigation of the crash to determine fault. We look for evidence to support your claim and to mitigate any responsibility you may have. The types of evidence we typically examine in a car accident case include:

• Physical evidence at the accident scene
• Road conditions at the time
• The vehicles’ positions and damage
• The police report and any tickets or charges filed by police
• Drivers’ and witness’s statements
• “Black box” data recorders found in late-model cars and commercial motor vehicles such as tractor-trailers
• Surveillance video, if available.

Determining who is liable in a multi-vehicle crash sometimes requires working with consultants who reconstruct accidents through technical forensic work. These accident reconstruction specialists report their findings and may provide expert testimony and a multi-media presentation of the multi-vehicle collision. If a case is headed to court, our attorneys will get access to evidence held by other parties to the claim through the legal discovery process.

In a pileup, there may be several cars and multiple collisions. More than one car or driver may have contributed to an individual’s injuries or death. The evidence may show that more than one driver should be held responsible for an accident.

What Do I Do If I Am Involved in a Multi-Car Accident?

Because of the complexity of a multi-car accident and the potential for multiple versions of how the accident happened, those who compile the most evidence the soonest often have an advantage.

If you can do so safely immediately after a multi-car accident do the following:

• Get photos and/or video of the accident scene. If you can identify the initial cause of the accident, get a photo of it and anything else that will help explain what happened.
• Get as many names with contact and insurance information from others involved in the crash or who witnessed the crash as you can.
• As soon as you have time to yourself, write down what happened in your own words. Do this before your memory starts to change and fade, as it inevitably will with time. Write the story of the accident you were in with as many details as you can recall.
• Be sure to see a doctor within 24 hours of the crash, if you did not require emergency medical care and transport from the accident scene. There are several serious injuries typical of car accidents that do not exhibit symptoms right away, which a trained health care provider can identify and treat. A doctor’s exam also begins to document your injury and medical care for an accident claim.
• Talk to a knowledgeable lawyer about your rights and whether the settlement offer is fair and reasonable based on your injuries before accepting any quick settlement offered by another driver’s insurance company.

Contact Our Experienced Paducah Car Accident Attorneys

You need a car accident lawyer experienced in Kentucky to protect your interests and help you seek full compensation for the injuries you have suffered in a multi-car accident in Paducah, KY.

At Morgan, Collins, Yeast & Salyer, we can thoroughly investigate the accident you were in and gather the evidence that shows who is obligated to compensate you for your losses. We will press aggressively to recover maximum compensation for your medical expenses, vehicle damage, lost income, and pain and suffering.

Contact Morgan, Collins, Yeast & Salyer ASAP at (877) 809-5352 or online to set up your free legal consultation. Find out how Kentucky Courage can support you.

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How Often Do Drivers Fall Asleep at the Wheel?

Driver fatigue contributes to a significant portion of traffic accidents in Kentucky and across the United States.

Kentucky State Police say a driver fell asleep in 1,308 crashes in 2019, accounting for almost one of every 100 motor vehicle accidents in the state that year. Seven of the collisions were fatal. Another 696 accidents were reported as caused by fatigue and they resulted in five fatal collisions.

Across the country, nearly 700 people died in crashes involving a drowsy driver in 2019, or almost two out of every 100 fatalities that year, according to the National Highway Traffic Safety Administration (NHTSA).

Sleepy drivers are a danger to everyone on the road. Every one of us should be well-rested and alert when we are behind the wheel. No one can predict exactly when they will fall asleep. As we grow more and more sleepy, our ability diminishes to recognize hazardous situations on the road and react to avoid them.

If you or a loved one has been hurt in an accident caused by a driver who may have been asleep at the wheel, the experienced drowsy driver accident attorneys of Morgan, Collins, Yeast & Salyer can help you seek compensation for your losses in Kentucky. There are tell-tale signs of accidents caused by drivers who were sleepy or fell asleep. Our attorneys can help you demand full compensation if you’ve been hurt by a drowsy driver. Call us at (877) 809-6889 or reach out to us online to set up a free consultation about your legal options.

What Are the Dangers of Drowsy Driving?

Nearly everyone has tried to stay awake at some point while their bodies were telling them to go to sleep, whether while studying for exams in school or while trying to stay awake for the New Year. Some people battle fatigue on a daily basis, including many workers who work late shifts and split day-and-night shifts.

In the most recent drowsy driving statistics from the Centers for Disease Control and Prevention, the CDC estimates that 1 in 25 adult drivers has fallen asleep while driving in the previous 30 days. The National Sleep Foundation points to its Sleep in America Poll, which found that 60% of adult drivers reported driving while drowsy in the prior year.

It’s not hard to understand the danger of falling asleep at the wheel of a moving automobile. Drowsy driving is different. People don’t understand the danger or the impact of drowsiness on driving. College students who participated in an academic study viewed drowsy driving as an unavoidable part of their lives over which they had little control.

The National Sleep Foundation says sleep deprivation leads to mental impairment that is similar to intoxication, with 24 hours of sleep deprivation roughly equal to a blood alcohol content (BAC) of 0.10%. That is higher than the legal threshold for a DUI charge.

The term sleep deprivation refers to getting less than the required amount of sleep, which, for adults, ranges from seven to nine hours per night. Teenage drivers need even more nightly sleep.

The detrimental effects of sleep deprivation include:

• Slowed thinking
• Reduced attention span
• Worsened memory
• Poor or risky decision-making
• Lack of energy
• Mood changes, including feelings of stress, anxiety, or irritability

In some cases, sleepiness causes a person to doze off for a few seconds at a time. One study found that 70% of participants who were performing a continuous tracking task for 50 minutes experienced instances of microsleep (0.5-15 seconds). “Microsleeps during continuous visuomotor tasks, such as driving, can be very serious, not only disrupting performance but sometimes leading to injury or death due to accidents,” the study authors said.

At highway speed, a car will travel the length of a football field in the few seconds its driver experiences a microsleep. A drowsy driver who has seconds to apply brakes or swerve to avoid a child who has run out into the road ahead may struggle to respond in time to avoid a collision.

Who Is Most Likely to Drive Drowsy?

Anyone who doesn’t get enough sleep is sleep-deprived and may become too drowsy to drive safely.

Those most likely to be drowsy drivers are:

• People who work long hours, irregular shifts or night shifts, or combine work with long commutes
• People who drive long distances for a living, such as truckers and bus drivers
• Business travelers, who may suffer from jet lag, cross time zones, or spend long hours behind the wheel
• Young drivers who combine limited driving experience with school, socializing, jobs, and a tendency to drive at night, especially males aged 16-25
• New parents, especially young mothers
• People who use medications that make them sleepy
• People with untreated sleep disorders, such as sleep apnea

Contact a Lawyer about a KY Drowsy Driving Accident

Drowsy driving crashes tend to be serious accidents. A driver who falls asleep may not apply the brakes or swerve to avoid the collision. The drowsy driving collision may occur at full speed. If the driver does not admit to having fallen asleep, our investigators can identify probable drowsy driving by the lack of skid marks (or short ones), the severity of vehicle damage, and the severity of injuries.

Many late-model vehicles have event data recorders, known as EDRs or black boxes, which record data about the vehicle’s operation just before the impact of a crash. An EDR download can show a lack of braking, the speed at impact, lack of swerving (trajectory), and other data to support a theory of an accident caused by drowsy driving.

If necessary, we can establish how long the driver was awake prior to the crash through:

• Phone records
• Social media activity
• School or job attendance
• Debit and credit card activity
• Date- and time-stamped receipts
• Witness statements.

The drowsy driving accident lawyers of Morgan, Collins, Yeast & Salyer are available in Kentucky to help you seek compensation for your losses after a fatigued driving accident. We supply the Kentucky Courage to take on big insurance companies and fight for justice for our clients. We’ll do the work to develop your claim for compensation while you can focus on healing. If the insurance company representing the at-fault driver refuses to agree to a proper insurance settlement, we’ll take the at-fault driver and their insurers to court. We are successful in reaching a settlement in most cases with a trial.

Our attorneys help injured people harmed by negligent drivers across Kentucky. Call us at (877) 809-5352 for a free legal consultation and let us help you seek the justice that you deserve.

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Dangerous Roads in Lexington, Kentucky

Most car accidents happen in Kentucky’s urban areas, as opposed to in rural areas. The most recent publication of car accident statistics from the Kentucky State Police says 63% of collisions causing injuries occurred in urban areas such as Lexington.

However, the majority of fatal collisions (52%) took place in rural areas, often on rural state highways or interstates where higher speeds are more likely. An urban area is defined as an area including and adjacent to a municipality or other place of 5,000 or more population.

While 22% of all collisions occurred on city streets, only 6% of fatal collisions occurred on city streets, according to the Kentucky State Police.

When the KSP breaks down the numbers further according to the type of roadway, the stats show that:

• 35% of all collisions occur on KY state highways
• 23% of all collisions occur on U.S. highways
• 12% of all collisions occur on interstate highways
• 5% of all collisions occur on county roads
• 1% of all collisions occur on parkways
• 2.33% of all collisions are listed as “other.”

Among interstate highways in Kentucky, I-75, which passes through Lexington before crossing the Ohio River into Cincinnati, appears to be the most dangerous.

KSP statistics show 4,200 collisions with 23 fatalities on I-75 in the year surveyed. Its numbers far outpace the 2,891 collisions and 17 fatalities on I-65, which runs through Louisville, the state’s largest metropolitan area, and which is the next most dangerous Kentucky interstate according to this count.

We Investigate Kentucky Car Accidents

When Kentuckians are injured or lose loved ones in car accidents caused by others, they have a right to demand accountability and compensation for their losses. Fighting for what is right when your life has been turned upside down takes Kentucky Courage. At Morgan, Collins, Yeast & Salyer, our Lexington car accident lawyers represent real people who are struggling to recover from serious car accident injuries. We investigate car accidents and provide the Kentucky Courage to stand up to big insurance companies on behalf of our clients.

More Dangerous Highways in Lexington, KY

The Lexington Police Department publishes monthly traffic call reports and annual summaries of traffic accidents.

As of May 2021, there had been 11 fatal collisions in Lexington since the start of the year at the following locations:

• Athens Boonesboro Road between Blue Sky Parkway and Blue Sky Parkway
• I-64 between I-64/I-75 Exit 111 to I-64 East and I-64 Exit 87 to KY 859
• 1682 Old Paris Road
• S. Broadway and High Street
• E. New Circle Road between Meadow Lane and Floyd Drive
• Bryan Station Road and Rookwood Parkway
• W New Circle Road between Clays Mill Road and KY 4 at Exit 19 from US 7
• 7898 Old Richmond Road
• W. High Street between Herlihy Street and Cox Road
• Tates Creek Road between Montclair Drive and KY 1974 Crossover
• Russell Cave Road between Dreamland Drive and Radcliff Road

In the most recent annual summary, Lexington Police say there were 25 fatal collisions resulting in 33 fatalities in Lexington 2019.

The locations with the most collisions resulting in injuries were:

• Russell Cave Road between Park Place and W. New Circle Road – 9 collisions
• E. New Circle Road and Tates Creek Road – 9 collisions

New Circle Road, also known as Kentucky Route 4, is the inner loop around Lexington. New Circle Road is seriously congested during morning and evening rush hours because it is the only freeway available for getting across the city. Many accidents on the inner loop of New Circle Road cause serious injuries because of the speeds at which vehicles are traveling.

You will see New Circle Road, Man o’ War Boulevard, Tates Creek Road, Nicholasville Road, and other primary routes in Lexington named repeatedly in car accident statistics.

According to police, the Lexington locations with the most collisions causing injury in 2019 were:

Man o’ War Boulevard between Alumni Drive and Easthills Drive, which had the most injury collisions overall and the most “between-street” collisions with 42 collisions.

Other locations with multiple between-street collisions causing injury were:

• Russell Cave Road between Park Place and New Circle Road (9 collisions)
• I-75 North between the Exit 113 on-ramp from U.S. 27 and the Exit 115 off-ramp to Newton Pike (6 collisions)
• Nicholasville Road between Man o’ War Boulevard and Toronto Road (6 collisions)

 

 E-W Reynolds Road and Nicholasville Road had the most intersection collisions causing injuries with 33 collisions.

Other locations with multiple intersection collisions causing injury were:

• E. New Circle Road and Tates Creek Road (9 collisions)
• Belleau Wood Drive-Clearwater Way and Man o’ War Boulevard (7 collisions)
• E-W. Fifth Street and North Limestone (6 collisions)
• Keeneland Boulevard-Man o’ War Boulevard and Versailles Road (6 collisions)
• Man o’ War Boulevard and Saron Drive-Tates Creek Centre Drive (6 collisions)
• Moore Drive and Nicholasville Road (6 collisions)
• Radcliffe Road and Russell Cave Road (6 collisions)

 

E. Vine Street and Rose Street had the most collisions with injuries involving a driver who ran a red light with 6 collisions. Citywide, there were 325 injury collisions involving a red light violation.

Other intersections with multiple injury collisions caused by someone running a red light were:

• Moore Drive and Nicholasville Road (6 collisions)
• Coleman Court and Newtown Pike (5 collisions)
• Man o’ War Boulevard and Nicholasville Road (5 collisions)
• Newtown Pike-Oliver Lewis Way and W Main Street (5 collisions)

Get Compensation for a Lexington, KY, Car Accident

In addition to causing medical trauma, a Lexington car accident can create financial stress for you and your family due to medical bills and loss of income.

But if someone else was at fault for the accident, you may have the right to seek compensation for:

• Current and future medical bills related to your injuries
• Permanent disabilities
• The cost to repair your vehicle
• Lost wages
• Reduced earning potential
• Pain and suffering.

Insurance companies will try to avoid paying what you truly deserve for a serious injury and may offer a low-ball settlement. But if you call our Kentucky Courage auto accident lawyers before you talk to the insurance companies, we can investigate to determine who owes you compensation and calculate every dime you are due. Then we’ll move aggressively to recover a proper payment for you.

Contact Morgan, Collins, Yeast & Salyer now to set up a free consultation about how we can handle your car accident claim. Let us tell you how Kentucky Courage can help make things right for you.

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Morgan, Collins, Yeast & Salyer Sponsors Lafayette High School Band

Morgan, Collins, Yeast & Salyer is proud to sponsor the Lafayette High School Band. The Lafayette High School Band program consists of the marching band, concert bands, jazz band, percussion ensemble, and color guard. The marching band and color guard begin their demanding schedule with band camp in July and generally rehearse and perform from August through early November. Lafayette Marching Band competes in the Kentucky Music Educators Association (KMEA) 5A classification. Concert Bands and Jazz Band perform from December through May and members regularly participate in KMEA festivals, solos and ensembles. The marching band, concert bands and jazz band all appear at school and community functions throughout the year. The bands perform under the direction of Charles M. Smith and Mr. Robert “Dee” Bishop. Learn more here.

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