$1.1 Million Verdict Secured by Morgan, Collins, Yeast & Salyer in Nursing Home Negligence Case

Attorney Bruce Bentley of Morgan, Collins, Yeast & Salyer won a $1.16 million verdict for the widow and estate of a man who suffered serious fall injuries due to negligent care at a Corbin, Kentucky nursing home.

A Laurel County jury found the Hillcrest Health and Rehabilitation Center was negligent in its care of the 86-year-old man who had been admitted for rehabilitation after suffering a stroke. A lack of proper supervision allowed the man to fall multiple times, eventually causing him to sustain fractures to his leg and foot and suffer agonizing pain.

After a five-day civil trial in Laurel County Circuit Court, the jury awarded $465,000 in compensatory damages and $700,000 in punitive damages to the widow and estate of the man for the harm they suffered.

Our Kentucky Courage attorneys are ready to stand up for your family if your loved one has been harmed due to nursing home negligence.

Attorney Bruce Bentley said the verdict showed that the jury recognized that the nursing home failed to keep its promise to deliver safe and appropriate care and had not provided adequate training and supervision of its staff.

“Nursing homes provide services to the most vulnerable people in society,” Bentley said. “They are well compensated for what they do. They need to do their job.”

“The verdict shows that folks in Laurel County recognize that people are entitled to be compensated when they aren’t treated properly,” he said.

The man suffered two falls in November 2014, the month after being admitted to the facility. The following February, he suffered a third fall while trying to get out of a wheelchair, causing multiple fractures to his leg and foot.

“He was supposed to be in a well-populated area any time he was out of bed,” Bentley said. “There were a number of occasions where the nursing staff would leave him unattended in his wheelchair. He was unsupervised in his room when the third fall occurred.”

The bone fractures were not detected initially because the nursing home sent the man to the hospital for examination of his hip after the fall. Two days later, he was in agony in the nursing home with untreated broken bones. He was sent him back to the hospital, where the bone fractures were diagnosed.

“It’s a great deal of relief that I was able to get these folks a really good result showing that their concerns for their dad and mom were justified and there is some accountability for what happened,” Bentley said.

The personal injury attorneys at Morgan, Collins, Yeast & Salyer stand up for Kentuckians and their families who have been harmed due to the negligence of others. If you have a loved one who has suffered mistreatment at a nursing home, contact Morgan, Collins, Yeast & Salyer to discuss the situation and learn how we can help you demand justice. Our attorneys have the Kentucky Courage to stand up for what is right.

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How To Prove a Back Injury At Work For Compensation

Back injuries are among the most common workplace injuries in Kentucky. Painful back injuries are often caused by work-related wear and tear on muscles, spinal discs, and other soft tissue in the lower back.

If you have suffered a wear and tear injury at work that prevents you from performing your job duties, you may qualify for workers’ compensation benefits. But wear and tear claims are complicated to pursue. You need a knowledgeable lawyer’s help. Because back pain cannot always be depicted with a diagnostic test, many employers will dispute workers’ compensation claims for work-related wear and tear injuries. You need to speak with an experienced workers’ compensation attorney right away if you have a wear and tear claim.

At Morgan, Collins, Yeast & Salyer, we help injured workers with workers’ compensation claims involving wear-and-tear injuries and other serious injuries. Our experienced back injury workers’ comp lawyers are ready to guide you through the Kentucky workers’ compensation system. It takes Kentucky Courage to stand up to an insurance company and fight for just compensation. Our attorneys are known for the Kentucky Courage they bring to each case.

If you have a workers’ comp claim for a wear-and-tear back injury caused by your job duties, contact a Kentucky workers’ compensation attorney today. Schedule a free consultation about seeking the full benefits available by Kentucky law.

What Is a Wear and Tear Injury?

Wear and tear on tendons, muscles, and sensitive nerve tissue caused by repetitive use over an extended period of time can lead to a variety of injuries. These are typically painful sprain and strain injuries of the musculoskeletal system, including joints, muscles, tendons, ligaments, spinal discs, nerves, and blood vessels.

Wear-and-tear injuries are also known as repetitive strain injuries, repetitive motion injuries, cumulative trauma injuries, and work-related musculoskeletal disorders.

Lower back strains and sprains are the most common causes of low back pain. A back injury can cause debilitating loss of flexibility or mobility in some cases. Muscle strains and sprains in the lumbar region are common because the lower back supports the weight of the upper body and is involved in moving, twisting, bending, and lifting.

How Do Back Injuries at Work Occur?

Common workplace back injuries include lower back strains, herniated discs, and pinched nerves.

The two most common factors that contribute to back pain are:

• Force, such as exerting too much force with your back by lifting and/or moving heavy objects.
• Repetition, such as repeating certain movements, which can lead to muscle fatigue or injury.

Undue force and repeated stress on the back can lead to wear-and-tear injuries. Wear and tear is often a factor in jobs that require:

• Heavy lifting
• Repeated lifting, carrying, and pulling
• Bending over desks or other equipment
• Working with heavy machinery
• Standing or walking for entire shifts

Workplace back injuries are also caused by trauma suffered in accidents, such as:

• Slips, trips, and falls
• Falls from roofs, ladders, and elevated platforms
• Scaffolding collapse
• Vehicle accidents
• Being struck by a falling or flying object
• Being thrown by the impact of an explosion

How Can You Prove a Back Injury Is a Result of Wear and Tear?

If your back injury happened gradually because of your job and work conditions, you may have a wear and tear claim and be entitled to workers’ compensation. These can be challenging claims to pursue. Our experienced lawyers know the types of evidence needed to develop your wear and tear claim.

You will need evidence that the degenerative changes to your back are more than would be expected through the normal aging process and that they were caused by your job duties or work conditions.

Our Kentucky Courage attorneys can help you seek a second medical opinion if needed to supplement your medical record regarding the conditions of your job that have contributed to your back pain. The goal is to show that the excessive wear and term to your back occurred as a result of your work or the workplace conditions, leading to back pain.

Workers’ comp benefits include payment of your medical expenses, a portion of lost wages, and disability payments if you cannot return to work. Workers’ compensation insurance provides coverage to injured employees without having to prove that anyone was at fault for causing the injury.

In exchange for businesses purchasing workers’ compensation insurance, Kentucky’s workers’ compensation statutes bar injured workers from suing their employer for a work-related injury, even if their injury was caused by the employer’s negligence.

Kentucky workers’ compensation law says in part, “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 which is the proximate cause of harm evidenced by objective medical findings.”

To prove a back injury caused by cumulative trauma and obtain workers’ comp benefits, you should:

• Contact a Kentucky workers’ compensation lawyer. The Kentucky Labor Cabinet, which administers KY workers’ compensation, says on its own website: “Due to the complexity of the claims process, most injured workers hire an attorney to file a workers’ compensation claim for them.”
• Tell your supervisor and/or employer about your back pain. Report any specific work duties that cause or increase your pain or loss of mobility.
• Get a medical exam. Be sure to tell the doctor about work duties that affect your back, such as lifting, carrying, bending, or stretching. Ask the doctor to put any instructions about limiting work duties in writing.
• Report back to your employer any medical diagnosis or doctor’s orders regarding work. Notify your employer in writing if you have been told not to return to work because of a work-related back condition.

Injured By Your Job’s Wear and Tear in Kentucky? We Can Help

A back injury at work caused by wear and tear should qualify for benefits from the Kentucky workers’ compensation system. But the insurance companies often dispute wear and tear claims. You need to call the Kentucky workers’ comp attorneys of Morgan, Collins, Yeast & Salyer will help you seek the maximum compensation available. Our attorneys are known for their courage in standing up for injured Kentuckians against big insurance companies.

Call us now at (877) 809-5352 or contact us online to schedule a free, no-obligation consultation and put Kentucky Courage behind your workers’ compensation claim.

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What Is Workers’ Comp Mediation?

All disputed workers’ compensation claims in South Carolina may be referred for mediation, if the parties agree, in hopes of avoiding the need for a formal hearing. Some complex claims or claims for permanent and total disability must go to mediation. Because workers’ comp claims are for monetary benefits and sometimes for future medical treatment, it is always better to have legal representation when discussing a disputed claim.

The attorneys at Joye Law Firm can help you pursue all of the benefits you are due in a South Carolina workers’ compensation claim, including representing you during mediation. Our South Carolina workers’ compensation lawyers have stood up for injured workers for more than 50 years. We are ready to fight for you, too.

Call us now at 888-324-3100 or fill out this online form for a no-obligation, confidential review of your claim.

What Is Workers’ Compensation Mediation?

During mediation, a neutral mediator helps all sides explore ways to resolve the conflict by using specialized communication and negotiation techniques. Mediators are trained and certified by the South Carolina Bar.

In a dispute over a South Carolina workers’ compensation claim, mediation allows the opposing sides to meet and discuss their differences informally and look for a resolution before the matter is set for a hearing. Mediation is a meeting between the injured worker who is seeking workers’ comp benefits, a representative of the employer and their attorney, and a certified mediator.

The employer’s representative is required by law to have an attorney present during mediation of a workers’ comp claim. The injured worker is not required to have an attorney present but may have representation.  Because the employer will always be represented by an experienced workers’ comp defense attorney, it is extremely important that the worker be represented to protect his or her own interests.

What Is Involved in the Mediation Process?

Workers’ compensation claims are sent to mediation to provide an opportunity for the parties involved to achieve an efficient resolution of disputed issues in the claim. The hope is that mediation can resolve disputes without the necessity of a formal hearing, which saves the time and expense of preparing for a hearing.  It also removes the uncertainty of a decision by a workers compensation Commission.  It is impossible to predict what an individual Commissioner may decide in any particular case.

If you are employed and have been injured while on the job or become ill because of workplace conditions, you may file for workers’ compensation. Benefits include all medical expenses and a weekly check representing a portion of the amount of wages you were earning as you recover.

In cases of fatal workplace injuries, workers’ comp pays benefits to dependent family members.

If your employer or their workers’ comp insurer denies your claim, your case file will go to a Workers’ Compensation Commissioner. The Commissioner may hold a hearing and decide whether you are due benefits.

Before scheduling a hearing, a Workers’ Compensation Commissioner may order any claim to mediation. The two parties to a claim – employee and employer – also may request mediation.

Mediation must be completed within 60 days of the mediation order unless otherwise agreed to by the parties.

The parties share the cost of mediation unless otherwise agreed by the parties or as otherwise ordered by the S.C. Workers’ Compensation Commission.

What Happens at a Workers’ Comp Mediation Session?

The mediation is typically held at the injured worker’s attorneys’ office.  During mediation of a workers’ compensation claim, the mediator initially meets with all parties to initially discuss their respective positions. The parties then separate into different rooms, and the mediator meets with each side individually to relay information, offers and demands from one side to the other. Each side may present evidence, such as medical records, to support their suggestions for what should be done. Typically, emails are sent to the mediator from each side stating their positions and the basics of the claim.

All communications and information exchanged is confidential and cannot be disclosed outside of the mediation, even if the mediation is unsuccessful.

If the claim is resolved, all parties sign a mediation settlement agreement, setting out all the terms of the settlement. The mediator notifies the SC Workers Compensation Commission whether the claim has settled or if the parties cannot reach an agreement.

The best settlement option for your claim will depend on the facts of your case and whether you are likely to need future medical care for a work-related injury or occupational illness.

Contact Our Workers’ Comp Lawyers

If you have a workers’ compensation claim in South Carolina that is being disputed and is headed to mediation, contact our South Carolina workers’ compensation attorneys at Joye Law Firm for help. We help injured workers seek full workers’ comp benefits so they can rebuild their lives.

Call us for a free review of your workers’ compensation claim or use our online case evaluation form. Joye Law Firm has offices with workers’ compensation attorneys in North Charleston, Columbia, Clinton, Summerville, and Myrtle Beach and represents injured workers throughout South Carolina. If you can’t come to us, we’ll come to you.

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Which Trucking Companies Have the Most Accidents?

Large trucks have a significant presence on the nation’s highways. An estimated 439,206 large trucks were involved in police-reported traffic crashes nationwide in a recent year, the National Highway Traffic Safety Administration reported.

These crashes involving large trucks – gross vehicle weight rating greater than 10,000 pounds – resulted in 4,965 people killed and an estimated 146,930 people injured. Seventy-one percent of people killed in large-truck crashes were occupants of other vehicles.

Are some trucks more likely to crash than others? The Federal Motor Carrier Safety Administration (FMCSA), which regulates the U.S. trucking industry, provides a search tool, the Company Snapshot, that provides information about a trucking company’s size, commodity information, and safety record, including crash information.

Any trucking company can be involved in an accident. But those transport companies with larger fleets of tractor-trailers on the highways have a greater likelihood of recording substantial numbers of accidents. Here is what FMCSA records say about 10 trucking companies that are transporting goods across Kentucky, including 5 commercial carriers based in Kentucky.

National Trucking Companies

United Parcel Service

An interstate carrier of general freight, UPS is based in Atlanta, GA.

127,017 drivers. 21,800 power units (trucks, tractors).

Crashes reported to FMCSA by states for 24 months

2,891 total – 73 fatal crashes, 1,034 injury crashes, and 1,784 accidents requiring the truck to be towed.

J.B. Hunt Transport Inc.

An interstate carrier for hire transporting general freight; metal; logs, poles, beams, lumber; building materials; liquids and gases; livestock; grain, feed, hay, coal and coke; chemicals; meat; beverages; and other goods. Based in Lowell, AR, J.B. Hunt Transport has a location in Louisville, KY as well.

26,977 drivers. 24,040 power units.

Crashes reported to FMCSA by states for 24 months

1,811 total – 51 fatal crashes, 575 injury crashes, and 1,185 accidents requiring the truck to be towed.

FedEx Freight

An interstate carrier, shipper, and broker transporting general freight, FedEx Freight is based in Harrison, AR.

23,099 drivers. 18,927 power units.

Crashes reported to FMCSA by states for 24 months

838 total – 24 fatal crashes, 251 injury crashes, and 563 accidents requiring the truck to be towed.

Old Dominion Freight Line Inc.

An interstate carrier and shipper for hire transporting general freight, building and construction materials, metal, machinery, chemicals, beverages, and other goods, Old Dominion Freight Line is based in Thomasville, NC.

12,855 drivers. 10,719 power units.

Crashes reported to FMCSA by states for 24 months

712 total – 31 fatal crashes, 186 injury crashes, and 495 accidents requiring the truck to be towed.

XPO Logistics Freight Inc.

An interstate carrier and broker for hire transporting general freight, liquids, gases, and chemicals, XPO Logistics Freight is based in Ann Arbor, MI.

11,172 drivers. 8,499 power units.

Crashes reported to FMCSA by states for 24 months

665 total – 17 fatal crashes, 173 injury crashes, and 475 accidents requiring the truck to be towed.

Kentucky Trucking Companies

Paschall Truck Lines Inc.

An interstate carrier and broker transporting general freight and passengers, Paschall Truck Lines Inc. is based in Murray, KY.

1,198 drivers. 1,091 power units.

Crashes reported to FMCSA by states for 24 months

115 total – 1 fatal crash, 30 injury crashes, and 84 accidents requiring the truck to be towed.

CoreTrans LLC

An interstate carrier for hire transporting general freight, CoreTrans LLC is based in Somerset, KY.

118 drivers. 124 power units.

Crashes reported to FMCSA by states for 24 months

19 total – 0 fatal crashes, 5 injury crashes, and 14 accidents requiring the truck to be towed.

RAJ Transport Inc.

An interstate carrier for hire transporting general freight, RAJ Transport is based in Lexington, KY.

85 drivers. 89 power units.

Crashes reported to FMCSA by states for 24 months

5 total – 0 fatal crashes, 1 injury crash, and 4 accidents requiring the truck to be towed.

Carnes Trucking Co. Inc.

An interstate carrier for hire transporting general freight, U.S. Mail, fresh produce, meat, refrigerated foods, beverages, paper products, and chemicals, Carnes Trucking is based in Louisville, KY.

54 drivers. 55 power units.

Crashes reported to FMCSA by states for 24 months prior to October 23, 2022

10 total – 1 fatal crash, 2 injuries crashes, and 7 accidents requiring the truck to be towed.

Walbert Trucking Co.

An interstate carrier for hire transporting general freight, motor vehicles, beverages, and paper products, Walbert Trucking is based in Glasgow, KY.

35 drivers. 37 power units.

Crashes reported to FMCSA by states for 24 months

7 total – 0 fatal crashes, 2 injury crashes, and 5 accidents requiring the truck to be towed.

Contact a Trucking Accident Lawyer in Lexington, KY

Commercial truck accidents are different than passenger car accidents. The injuries suffered in a truck accident are typically more extensive. Seeking justice afterward is complicated because there are often multiple parties financially responsible for the crash.

For example, the truck driver, the trucking company that employs the driver, and the owner of the trailer may all have legal responsibility for a truck accident. Vendors who loaded cargo on the truck may also be liable if they made preventable errors that contributed to an accident.

An experienced Kentucky commercial truck accident lawyer from Morgan, Collins, Yeast & Salyer can investigate a truck accident that left you injured or grieving the loss of a loved one and identify those who have financial liability. We may be able to file multiple legal claims for compensation on your behalf. We will help you demand full accountability for your losses.

At Morgan, Collins, Yeast & Salyer, we provide aggressive legal work and compassionate representation for Kentucky families who have been injured by the negligence of others. We have the Kentucky Courage and the resources necessary to stand up to deep-pocketed trucking companies and their insurers.

We’ll fight for full compensation for you and your family. We do not get paid for our legal services unless we are successful in recovering a settlement or a jury award for you. Please call us now at (877) 346-7098 or contact us online to set up your free legal consultation about how a Kentucky truck accident attorney can help you demand justice.

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When A Tree Falls On a Road, Who Is Responsible?

Winter storms and other bad weather sometimes bring trees down onto Kentucky roads. If you should happen to run into a downed tree or a tree were to fall onto your vehicle, it could cause serious injuries to anyone in it. Afterward, as you sought to file an insurance claim, you might not know who’s liable if your car crashed into a tree on the road.

You may be able to collect an insurance payout for your damages if a tree has fallen on your car or your car has hit a fallen tree. It would depend on the circumstances of the accident and what insurance coverage was available.

An attorney at Morgan, Collins, Yeast & Salyer can determine who is financially liable for the downed tree and pursue a claim on your behalf. We have offices located across Kentucky in Lexington, Somerset, Manchester, London, North London, Hazard, Paducah, Paintsville, Prestonsburg, and Princeton.

Who May be Liable for a Fallen Tree in a Car Accident?

In the simplest case of hitting a fallen tree while driving or a tree falling on a car, damages from the accident are covered by the driver’s collision or comprehensive auto insurance. Collision coverage covers all collisions, including with a tree. Comprehensive auto insurance covers incidents such as hail damage to a car, fire, vandalism, or being hit by a falling tree.

You may have collision and comprehensive coverage if you are still making car payments or leasing your car. Most car loan and lease originators require these types of coverage to protect the vehicle.

You would file a claim against your collision/comprehensive coverage in a fallen tree accident that was no one’s fault. A healthy tree fell and hit your car, or you came upon a tree on the road too quickly to stop. Your insurer should pay the claim.

Let’s consider two other scenarios to explore whether someone else may have some financial responsibility for a fallen tree accident:

• An unhealthy or dead tree fell and caused an accident. The owner of the property the tree fell from might be liable if they knew or should have known the tree was unstable and posed a risk, or if they knew it fell but did not take steps to adequately mark the danger or remove the tree in a reasonable amount of time. Their homeowner’s or business insurance would include liability coverage to pay the claim. If the unhealthy tree fell from public property, such as the roadside right-of-way or a municipal building’s lawn, the local government might be held liable. The Kentucky Transportation Cabinet is responsible for dealing with fallen trees on state highways.
• Someone was trimming or cutting the tree down. If the property owner caused the tree to fall in an unsafe manner, they and their insurance should be liable. If a hired tree service felled the tree, they would likely be liable. If a renter cut down a tree unsafely and someone was hurt, they or their landlord might be held liable. A landlord might dispute such a claim, but the landlord’s issues with a negligent tenant should have no bearing on your rights.

Why Do You Need A Car Accident Lawyer If A Tree Falls On Your Car?

As your attorneys, Morgan, Collins, Yeast & Salyer can do the investigation necessary to determine whether you have a valid claim against a property owner responsible for a fallen tree that injured you. We can calculate what compensation is necessary to make you financially whole and present your demand to the responsible insurer.

Our accident and injury lawyers can handle your insurance claim and make sure you are paid what you are due. If your injuries are serious and there is a dispute over liability, we may need to pursue a personal injury lawsuit on your behalf and ask the court to settle the matter. However, in most cases, our Kentucky Courage attorneys are successful in negotiating an appropriate settlement without going to trial.

Contact Our Experienced Lexington Car Accident Attorneys

If you have been hurt in a car accident that involved a fallen tree, there may be issues of responsibility to resolve before filing an insurance claim. Instead of getting the runaround from insurers, let an experienced Kentucky car accident law firm pursue your claim as efficiently as possible.

Call Morgan, Collins, Yeast & Salyer at (877) 809-5352 right away to set up a free initial consultation. Find out how Kentucky Courage can help set things right for you.

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Motorcycle Lane Splitting in Kentucky

Lane splitting on a motorcycle – riding alongside other vehicles between lanes of traffic – is a controversial practice. Some say it increases the likelihood of an accident, while others say a motorcyclist avoids certain accidents and injuries by lane splitting.

What’s important for motorcyclists in Kentucky to know is that lane splitting is not illegal in Kentucky. If you are injured during an accident while lane splitting, it should have no bearing on an insurance claim.

If you were lane splitting when you got into a motorcycle accident in Kentucky, the motorcycle accident lawyers at Morgan, Collins, Yeast & Salyer will stand up for your right to compensation. Our experienced legal team provides the Kentucky Courage you need to fight for all of the compensation you deserve after a motorcycle accident caused by another motorist.

Contact us today for a free consultation about your motorcycle accident claim.

What Is Lane Splitting on a Motorcycle?

A motorcycle rider is lane-splitting when he or she rides between two vehicles or lines of traffic headed in the same direction. Riders may split lanes to get ahead of slow-moving or stalled traffic. The maneuver is sometimes called lane filtering when traffic is stopped.

Splitting lanes on a motorcycle might mean riding along the dotted line separating two lanes on a multilane highway, for example. This provides two more terms for the practice: white-lining or stripe-riding.

Is It Legal for Motorcycles to Split Lanes in Kentucky?

There is no state law in Kentucky that expressly bars lane splitting.  But the Kentucky Motorcycle Operators Manual published by the Kentucky State Police refers to lane sharing and says it is usually prohibited:

Cars and motorcycles need a full lane to operate safely. Lane sharing is usually prohibited. Riding between rows of stopped or moving cars in the same lane can leave you vulnerable to the unexpected. A hand could come out of a window; a door could open; a car could turn suddenly. Discourage lane sharing by others.

A police officer may pull over a motorcyclist over for lane splitting in some situations. If an officer thinks a motorcyclist is operating their bike in an unsafe manner, the officer has the legal authority to issue a citation.

Only California and Utah expressly permit motorcycle lane splitting. California adopted lane splitting in 2016. Utah’s law addressing “lane filtering” went into effect in 2019.

Motorcycle safety organizations and academics continue to debate lane splitting. The Motorcycle Safety Foundation (MSF), which is a part of the National Highway Traffic Safety Administration (NHTSA), supports lane splitting. A study by the Safe Transportation Research & Education Center at the University of California Berkeley also supports lane splitting.

A report by the Pew Charitable Trusts cites arguments on both sides of the issue.

Advantages a motorcyclist may achieve by lane splitting include:

• Allowing the rider to position themselves for maximum visibility to other motorists while maintaining safety and control of the traffic situation
• Avoiding being rear-ended by distracted drivers in stop-and-go traffic
• Avoiding road surface hazards, other vehicles, or other mobile hazards
• Maximizing the motorcyclist’s view of the road and traffic ahead
• Maintaining an escape route for motorcyclists who could otherwise be trapped in traffic or struck from behind

According to the Pew report, the AAA auto club opposes lane splitting and has helped defeat legislation to allow it in Georgia, Hawaii, and Texas. “Motorists who don’t expect to be passed by a vehicle traveling between lanes can side-swipe a motorcycle or turn into its path,” Richard Romer, AAA’s state relations manager, told Pew.

The Governors Highway Safety Association, which represents state highway safety departments, has not taken a formal position on lane-splitting. But Richard Retting, a traffic safety consultant to the GHSA, told Pew it is “a very risky activity.”

Injuries in Motorcycle Lane-Splitting Accidents

Because motorcyclists have little protection from the impact of a collision, injuries can be severe and their severity increases with the speed of the motorcycle. A motorcyclist is also subjected to multiple impacts in an accident, as the biker hits the pavement or the motorcycle falls onto the rider.

Some of the common injuries seen in lane-splitting accidents include:

• Traumatic brain injury
• Fractured arms, legs, wrists, and ankles
• Broken ribs
• Blunt force trauma, including internal organ injury
• Deep road rash scrapes and bruising

If a collision does occur while lane splitting, the motorcycle is likely to be moving slowly. “They (motorcyclists) were considerably less likely to suffer a head injury, torso injury, extremity injury, and fatal injury than riders who were not lane-splitting,” the UC-Berkeley study says.

Liability and Motorcycle Lane Splitting

Because there is no law, an insurance company has substantial room to blame the injured rider for the accident or try to get out of paying a claim if a motorcyclist was lane-splitting at the time of an accident.

You can protect your right to compensation after a motorcycle accident that was someone else’s fault by engaging an experienced motorcycle accident attorney. At Morgan, Collins, Yeast & Salyer, we would investigate and analyze the facts on your behalf. The accident report filed by police is just the starting point for evidence we would collect to demonstrate that another driver was at fault for your injuries.

In cases in which another driver acted illegally or irresponsibly, such as by not properly checking blind spots before changing lanes, they may be held liable.

Each motorcycle accident case is different. But if your claim has been denied or you have been offered an inadequate settlement, you should consult with an experienced motorcycle accident attorney who has the Kentucky Courage to stand up to big insurers.

Talk To A Kentucky Motorcycle Accident Attorney Now

If you’ve been hurt in a motorcycle accident that occurred while you were lane splitting, you need an attorney who will protect your rights. Because Kentucky has no specific law about lane splitting, some insurers will declare an injured lane-splitting motorcyclist at fault simply to save money. At Morgan, Collins, Yeast & Salyer, we’ll get the facts and argue the true merit of your claim.

Our Kentucky motorcycle accident lawyers understand how complicated motorcycle accidents can be. We also know how to present the proper evidence that will prove another party’s negligence in a motorcycle accident. Contact us now at (877) 809-5352 or online for your free legal consultation about moving forward with your motorcycle accident claim.

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Flood Damage Lawyer in Paducah, KY

Flood insurance is expensive and often-overlooked protection. The value of having flood insurance became startingly clear when Paducah and other parts of eastern Kentucky suffered catastrophic flooding in July 2022.

Unfortunately, many Kentuckians who have flood insurance have found that their insurance carriers still try to avoid paying valid flood insurance claims.

If an insurance carrier sold you flood insurance and has not responded properly to your Kentucky flooding claim, consult a qualified lawyer now. The attorneys at Morgan, Collins, Yeast & Salyer are ready to review your situation and discuss your options for demanding payment of your flood damage claim. We can determine whether your insurer is acting in bad faith and if so, hold the insurer accountable.

It takes Kentucky Courage to stand up to insurance companies that deny or underpay valid claims for flood damage. Our attorneys at Morgan, Collins, Yeast & Salyer take on big insurance companies and fight for the rights of policyholders like you. Call us at (877) 809-5352 or contact us online to set up your free consultation.

How Does Insurance Cover Kentucky Flooding?

Many Kentucky residents decline to buy flood insurance because the premiums are too costly and they think the risk of being flooded is remote. But homeowners insurance generally doesn’t cover flood damage.

According to one estimate, only 17,250 property owners across Kentucky have flood insurance through FEMA’s National Flood Insurance Program (NFIP), the public program that provides the vast majority of flood policies in the United States. Just 2,485 property owners in the 10 counties in eastern Kentucky that sustained significant flood damage in 2022 had federal flood insurance.

Others may have private flood insurance. Private flood insurance companies can offer coverage that is more affordable or comprehensive than NFIP policies.

NFIP policies offer as much as $250,000 for the structure of your home and $100,000 for your belongings. Private insurers can cover homes for up to $4 million and belongings for up to $500,000. Private coverage may pay to repair a damaged swimming pool, replace items stored in your basement, or pay for a hotel or rental while your home is being repaired after a flood. This is coverage the NFIP does not provide.

How Are Insurers Answering KY Flood Damage Claims?

People who have paid for flood insurance may find FEMA or private insurance carriers reluctant to pay when they file a claim.

A common tactic is for flood insurance providers to demand proof that damage to your home was caused by water and not by wind, which often precedes rising water in storms. Wind damage is covered by your homeowners’ insurance. Separate insurance companies may try to shift the responsibility and point to each other as responsible for your losses.

If you happen to have homeowners’ and flood insurance from the same carrier, they can declare all of your losses are covered by your homeowners’ policy and limit payment to its maximum.

How a Lawyer for Kentucky Flood Damage Can Help

Kentucky law addresses acts of bad faith by insurance carriers. Under the Kentucky Consumer Protection Act and the Unfair Claims Settlement Practices Act (UCSPA), victims can sometimes recover significantly more compensation than the actual value of their underlying insurance claim.

If you have a Kentucky lawyer experienced with bad faith insurance practices handling your claim, you will have a better chance of receiving fair treatment. You can feel confident that you will not be taken advantage of by an unscrupulous insurer.

The attorneys at Morgan, Collins, Yeast & Salyer can investigate your policy and your losses and work to recover what you are owed. We can submit a formal demand letter to an insurance company notifying them of your intention to file suit. If they do not respond appropriately, we will be ready to go to court to demand what’s right for you. We can also file a complaint with the Kentucky Department of Insurance.

Contact Us About Flooding in Paducah, Kentucky

The attorneys of Morgan, Collins, Yeast & Salyer understand how insurers operate, and we can help you get the evidence you need to prove that an insurance company has not responded to your claim in good faith. Call us at (877) 809-5352 or contact us online now to take advantage of a free consultation.

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