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Author Archives: Daniel Boone

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Is Neglect in a Nursing Home Considered Elderly Abuse?

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Trusting the care of your loved one to a nursing home can be a harrowing decision. There may come a time, however, where there are no other options. If this is the case, it’s best to understand the ins and outs of how the facility runs, and to recognize that neglect and abuse can happen – regardless of how the facility appears to function.

Kentucky’s Required Nursing Home Standards

Under the Kentucky Nursing Home Reform Act, nursing homes must provide the following care to all residents:

  • Help residents maintain their highest possible level of mental and physical well-being
  • Aid residents in maintaining good personal and oral hygiene
  • Make sure that all residents are able to eat, bathe, walk, toilet, and communicate effectively – unless medically impossible
  • Ensure all residents understand the care they receive and are able to make informed decisions

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Why Are Overloaded Semi Trucks Dangerous?

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Semi-trucks account for some of the largest vehicles on the road at any given time. They’re heavier, longer, and wider than passenger vehicles. In an attempt to prevent catastrophic accidents with these types of vehicles, there are a variety of regulations and law established at the state and federal level; however, that does not mean truckers and trucking companies always abide by them.

When a tractor-trailer is overloaded, it significantly increases the chance of a variety of risks that can lead to the severe injury or death of innocent motorists. As a driver, it’s important to recognize the risks an overloaded semi poses, so you can remain vigilant on the road. (more…)

What to Do if You See an Unsafe Trucker

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Thousands of wrongful injuries and deaths occur each year because of negligent truck drivers. These accidents, with the proper precautions taken, could have been avoided. If you think you see an unsafe driver on the road, you have the legal right to report their driver.

Causes of Unsafe Truck Driving in Kentucky

Distracted Driving. While Kentucky law allows talking on cellphones while driving, they do not allow texting, instant messaging, or emailing. Other forms of distracted driving include eating, drinking, reaching for fallen objects, and adjusting a vehicle’s internal controls.

Driving Under the Influence. In Kentucky, commercial vehicle drivers are not allowed to exceed a blood alcohol content of 0.04 percent. If you see a truck driver drifting, nearly striking other cars or objects, driving without headlights at night, or erratically braking, that driver may be under the influence of alcohol or drugs. (more…)

Protect Yourself by Avoiding These Crucial Truck Blind Spots

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Some of the deadliest auto accidents involve a tractor-trailer and passenger vehicle. As you might imagine, the truck normally fairs better than the car. While you already know it’s important to remain focused on the road in front of you at all times, it’s important to recognize that just because you can see a truck doesn’t mean it can see you.

Kentucky Truck Accident Statistics

If you’re a resident of Kentucky and frequently hear about truck accidents, you may be wondering what the facts really are. These statistics come from the Kentucky Transportation Center’s Analysis of Traffic Crash Data.

  • In Kentucky, a truck is a vehicle with a registered weight of 10,000 pounds or more.
  • Counties with the highest truck accident rates contained an interstate highway or had a large number of coal trucks on the road.
  • From 2012 to 2016 there was a 13 percent increase in truck accidents in Kentucky.
  • In 2016, there were 9,380 truck crashes in Kentucky.
  • On average, 61 percent of truck collisions involved impact at the front of the truck, 21 occurred in the rear, 11 percent happened on the left side, and 7 percent happened on the right side.

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Clopidogrel Recalled for Product Mislabeling

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When there is an issue with a product that endangers the consumers, the product will be recalled. This year, a drug called Clopidogrel was voluntarily recalled by International Laboratories, LLC in January because it was mislabeled, which could lead consumers to take the wrong drug or wrong dose. While the product had the label “Clopidogrel Tablets USP 75 mg,” there’s a chance the product contains Simvastatin Tablets USP 10 mg.

Claims against drug companies can be difficult for someone to handle on their own. When your health is concerned, you want to make sure someone is acting in your best interests. A Lexington product liability lawyer from Golden Law Office can help you protect your rights. (more…)

How to Avoid Being in a Commercial Truck Accident

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At times, it can seem like there are numerous unforeseen dangers on the road – especially when you’re traveling 70mph down the interstate. In order to protect yourself and your loved ones, it’s important to recognize these dangers. Commercial truck accidents account for approximately 8,000 motor vehicle accidents in Kentucky each year, according to the University of Kentucky. With that statistic in mind, keep reading to find out how you can avoid contributing to those numbers.

Avoiding Commercial Truck Accidents in Kentucky

Avoid braking suddenly. While braking suddenly isn’t something you can always avoid, doing so in front of a semi can have deadly consequences. Override accidents, where a truck rides over a passenger car, can easily crush a smaller vehicle if that vehicle brakes suddenly and without cause. Remember that larger vehicles are often unable to stop quickly. (more…)

The Most Dangerous Highways in Kentucky

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Kentucky highways claim hundreds of lives each year in devastating car accidents. These wrecks are most often caused by distracted driving, drunk driving, and speeding – especially through construction zones. Certain highways in Kentucky are considered more dangerous than others because of the number of deaths. Take note of the highways on this list and proceed with extra caution whenever using one:

I-64

In Kentucky, Interstate-64 begins at Louisville and runs along the Ohio River. It overlaps with Interstate-75, near Lexington. It passes through Bath, Boyd, Clark, Fayette, Franklin, Jefferson, Rowan, Scott, Shelby, and Woodford counties. Construction to restore the Cochran Hill Tunnel on this highway occurred in 2001 because the Federal Highway Administration deemed this portion of I-64 to be exceptionally significant. At the time, they considered painting the interior tiles with a mural. This idea was quickly dropped because opponents pointed out the high number of crashes and fatalities on this road and didn’t want to contribute distractions. (more…)

Lawsuit Filed Against “Big Ass Fan Company”

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This is an action filed against Big Ass Fans, styled Isaac Fedyniak, Individually and as a Class Representative v. Delta T, LLC d/b/a Big Ass Solutions and Big Ass Fan Company, et al, Civil Action No. 17-CI-4313, filed in the Fayette Circuit Court, Lexington, Kentucky.

The suit alleges that the Defendants either terminated or constructively discharged several employees so the Defendant could pay a lesser amount under the Stock Appreciation Rights Plan. The suit alleges that the Defendants took the wrongful action without informing the Plaintiffs of the true value of the company or the impending sale/change of control of the company. The Defendants in the case have disputed these claims and denied engaging in any of the conduct alleged. All Motions filed in the case are public records that can be obtained through the Fayette Circuit Court Clerk’s office. By clicking on the link below, you can have access to the Plaintiffs’ Response to Motion to Dismiss and Motion to Compel Arbitration that sets forth the Plaintiffs’ allegations and position in the case.

Link to response and exhibits 

Link to notice of filing two additional exhibits 

 

Neglecting Our School Children

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As an attorney who devotes a substantial amount of time in representing school children who have been sexually abused by school employees, I am appalled at the frequency of sexual exploitation of our school children and infuriated by the calculated decision to leave the sexually-violated child without a remedy. Denying our helpless school children legal rights after being sexually exploited and abused is a direct result of the impiety of our school system and those in positions of authority.

From the beginning of time, children and the elderly have been treated as the lepers of society as a result of their lesser intellectual functioning which prohibits their assimilation of money and power. As the world has become more educated, the injustice of relegating our children to a subordinate status has become more difficult to stomach. A minority of voices are gaining traction to protect our school children and to arm them with the protection of the law; however, it is essential that our legislature pass a law that requires Kentucky’s public schools to purchase insurance coverage that would be available to cover the damages of sexually exploited children. (more…)

What to Do If You’re a Victim of Personal Injury: The Don’ts

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victim of a personal injuryIn our previous post, we explained some of the correct steps to follow if you are a victim of a personal injury. This includes seeking legal advice, documenting your accident, and getting medical attention as soon as possible.

However, there are a few common mistakes that can be easy to make when working towards a full recovery. Here we explain them and their alternatives so you can ensure you follow down the right path when protecting yourself. (more…)

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