Author Archives: Daniel Boone

Lawyers in Lexington often have to deal with the specific details of Kentucky state law. Whether it’s texting and driving, driving under the influence, or dealing with no-fault insurance claims, here’s what all Kentucky drivers need to know about the state’s laws and regulations when it comes to your rights behind the wheel.

• Using a Cell Phone – At any given moment throughout the country there will be around 660,000 drivers on the road using a cell phone or other electronic device while driving. However, Kentucky has no regulations concerning the use of handheld phones for talking while driving — except for drivers under age 18. Minors are not permitted to use any type of phone while driving, whether it’s handheld or hands-free.
• Texting While Driving – On the other hand, no one is allowed to text and drive. You cannot write, send, or even read a text message while operating a vehicle in motion. This is considered a “primary” law, meaning that a police officer can pull you over for texting, even without witnessing any other violations. A first-time offense may result in a $25 ticket, and $50 for more multiple offenses.
• Driving Under the Influence – Kentucky has an “implied consent” law when it comes to blood alcohol content (BAC) tests, meaning that if you refuse one you will be automatically subjected to the applicable fines and license suspensions. The BAC limit for adults 21 and over is .08; for commercial drivers, .04; and for drivers under 21, .02. Alcohol is not the only issue, either; with 10.3 million people admitting to driving under the influence of illicit drugs in 2012, it’s best to always drive sober.
• Insurance Requirements – It is illegal to drive a vehicle in Kentucky without car insurance. You need a minimum $25,000/$50,000 for bodily injury coverage and $10,000 for property damage. However, Kentucky is also a “no-fault” state, meaning that your claims go through your own provider no matter who’s to blame for an accident, even in the 333,000 car accidents involving large trucks in the U.S. in 2012.

With all of these special regulations, it’s important to understand your rights. When you have questions regarding legal matters in Kentucky, it’s important to talk with local lawyers in Lexington who will know how to help. Don’t hesitate to give us a call today.

Driving a motor vehicle is a serious responsibility, but unfortunately too many people get behind the wheel and drive while distracted, drunk, or drowsy. Some people even get behind the wheel when they’re distracted, drunk, AND drowsy.

All of these behaviors increase the risk of car accidents and bodily injury, but many drivers do not take into consideration the very real dangers that come with being irresponsible. Even at a time when drunk driving is on the decline, motor vehicle traffic injuries are the leading cause of traumatic brain injury related deaths, with rates being the highest in adults aged 20 to 24 years old.

So in an effort to help you be more aware of your actions while driving, here are some of the most dangerous things drivers can do on the road.

Driving too close behind a tractor trailer
Even though many drivers believe that driving behind tractor trailers can help with gas mileage, it is incredibly dangerous to do so. Your life isn’t a NASCAR race, and whatever benefit you come from riding in the slipstream is cancelled out by your increased risk of car accidents. Because you are driving so close, there will not be enough time to brake before hitting the big rig. Not to mention that truck drivers cannot see what is directly behind them, so driving like this can be a recipe for disaster.

Not adjusting speed for weather conditions
The idea behind this is simple. The faster you go, the higher the chance of getting injured in a car crash. This also goes for when the weather gets bad, so slow down so you do not slip on ice and sleet. Even rain can be dangerous.

Too many drivers fail to adjust their driving behavior in the rain. If you drive the exact same way during a pouring rainstorm as your would on a bright sunny day, then it’s time to reevaluate your driving.

Driving while under the influence of alcohol and drugs
It is a well known fact that alcohol and drugs impair your judgement and reaction time. This can cause tragic consequences and fatal car accidents, but unfortunately driving under the influence is all too common. In 2012, Mothers Against Drunk Driving reported that 10.3 million people reported driving under the influence of illicit drugs in the past year. That number did decline to 9.9 million in 2013, but that’s still millions of drivers with delayed reaction times clogging up the nation’s highways and intersections.

Moral of the story, if you are under the influence, at all, then it is best that you call a taxi or ask a designated driver to come pick you up.

Each year, around 1.7 million people suffer a traumatic brain injury, or TBI. While 80% of TBI patients will be treated and released from an emergency department, another 275,000 will be hospitalized for further care, and 52,000 will die of their injuries.

Brain injuries are extremely serious and can have long-lasting repercussions for both victims and their families. Survivors may experience permanent physical or cognitive impairments as well as long and complicated courses of medical treatment. When you or someone you love has sustained a head injury through no fault of their own, you need a professional traumatic brain injury lawyer to help get you the compensation you need to pay for your medical expenses. More than that, you may be entitled to additional compensation that can help provide continued support for your family for the years to come.

The Causes of TBI
The leading causes of TBI are fall accidents and car accidents. Falls cause the most TBI-related hospitalizations (62,334 every year) and emergency department visits (523,043), while motor vehicle traffic is responsible for the highest number of TBI-related deaths — and those rates are greatest among adults age 20 to 24.

How to Identify TBI
Traumatic brain injury is a separate diagnosis from other types of head injuries. Short-term symptoms include dizziness, loss of memory, headaches, nausea, and light sensitivity. If you suspect TBI, get to a medical professional who can conduct proper tests to diagnose your case. It’s important to seek help early in order to avoid more serious complications down the road.

How to Get Legal Help
If a doctor has confirmed your TBI and you believe that your injuries were the result of someone else’s oversight or error, you will need to share all of this information with a professional lawyer to see if you have a legal case. A brain injury lawyer can help you get the compensation you need to settle your medical bills and find a way to move on with the rest of your life.

If you’re worried you can’t afford a professional lawyer, don’t worry. Most injury lawyers will work on a contingency basis. That means they only collect payment after you receive compensation, unlike other types of lawyers who will bill you throughout the legal process.

Going through an accident is no easy task, especially one that involves traumatic brain injury. However, with a support network that includes both medical professionals and a team of professional lawyers, you can find the tools you need to put your life back on track.

Each and every year, there are thousands of Americans who suffer injuries as a result of being
bitten by a dog. While they may not all be serious injuries, the vast majority of them result in a trip to the doctor at the very least. In some cases, the dog owner can be held responsible for the damage of the bite. It is not automatically the fault of the owner, but you should contact a local Lexington dog bite lawyer to see what your options are if you are bitten. Kentucky is a strict liability state in regards to dog bites, which makes dog owners responsible for the actions of their dogs.

Despite the strict liability, a dog owner can still fight to have a percentage of the damage pushed back on the victim. In scenarios like this, the dog owner will try to prove that the victim caused the animal to act as a result of negligent behavior or a fault of the victim. The dog owner can also pass blame to a third party, such as in a case where a person other than the owner was looking over the dog.

Even when a dog owner does not try to assign fault to the victim, dog bite cases are difficult to prove. In order to establish that the dog owner is fully responsible for the bite, a few factors must be examined. The age of the victim, the dangerous nature of the dog and the circumstances that caused the bite must all be thoroughly inspected.

For this reason, it is very important to seek the counsel of a Lexington dog bite lawyer if you are bitten. The attorneys at Golden Law Office can assist you in presenting your case and recovering damages, including medical expenses, property damage, any wages you lost and more. The faster you contact a legal professional, the easier it is to document the attack. On the flip side, if you are the owner of a dog and are being sued for a dog bite, we can also help at Golden Law Office.

Dog bites can cause serious injuries and can also have a profound emotional effect on the victim. Be sure to protect yourself by getting in touch with a Lexington dog bite lawyer.

Employment lawyers are trained, skilled attorneys specializing in matters of labor, contracts, and the treatment of workers. Both bosses and employees alike may find themselves in need of legal advice if there is ever a dispute over the terms of employment. Here are some of the most common legal scenarios, and how an employment lawyer can help.

Wrongful Dismissal
If a worker feels that they have been fired because of discrimination, retaliation, or a breach of contract terms, they may file a lawsuit against the employer for wrongful termination or dismissal. There are over 20 different types of legal grounds for a successful employee case of wrongful dismissal.

Discrimination or Harassment
Employers can sometimes handle work-related discrimination charges or harassment cases on their own, but other times, it’s best to call in an employment lawyer. Serious claims or multiple claims made by separate employees could result in a larger lawsuit case. Civil lawsuits cost the economy $239 billion every year, so it’s worthwhile to get a lawyer on your side — whichever side you’re on.

Injury at Work
While worker’s compensation lawyers typically handle most work-related injuries, an employment lawyer may help with an additional lawsuit if your (or one of your worker’s) injuries were the result of faulty equipment, toxic substances on-site, or neglectful management. A fall at work because of defective safety equipment, for example, could result in a traumatic brain injury that requires an emergency department visit (there are 523,043 every year) or hospitalization (62,334 annually). These more serious damages could lead to more extensive lawsuits or trials that
require legal advice.

Whether you’re in upper management, on the ground floor, or somewhere in between, you likely spend a large amount of time on-the-job. Disputes, accidents, or interpersonal clashes are bound to happen at some point or another. Understanding when to send the issue to HR and when you may be in need of more expert legal help will save you a lot of time and grief, no matter which side of the manager’s desk you’re on.

Last month, Baylor University head football coach Art Briles was fired after reports that he failed to address sexual assault charges made against members of his team. An investigation into the matter argued that the “choices made by football staff and athletics leadership, in some instances, posed a risk to campus safety and the integrity of the University.”

Briles, though, initially accused the school of wrongful termination. The Texas coach and his employment lawyer argued that he was being used as a scapegoat for the scandal and had no real blame or wrongdoing in the matter.

University chancellor Ken Starr and athletic director Ian McCaw both resigned in the wake of the scandal, but Briles was the only one fired. Is his situation a case of wrongful termination, or was the University right to act in the manner they did?

The lawsuit against Baylor alleged that officials and coaches knew about former football player Tevin Elliott’s history of sexual assault and failed to do anything to protect women at the university. Elliott is now serving a 20-year prison sentence after being convicted of two counts of sexual assault.

The matter may not be as straightforward as it appears for Briles. Over half of all wrongful termination court cases are won by the employer — up to 70%, in some jurisdictions. While there are more than 20 different legal grounds for citing wrongful dismissal, being fired for failure to account for your team members’ actions isn’t necessarily one of them.

This unfortunate case is just another in the troubles haunting college football teams all over the country. Some cite concerns about the possibility of traumatic brain injury in the sport: 1.7 million people sustain TBIs every year, and while 80% are treated and released from an emergency department, another 52,000 die every year.

Other football players have come under fire for unsportsmanlike conduct off the field and preferential treatment; Miami Hurricanes running back Mark Walton, for example, was recently arrested for a DUI. According to MADD, there were 10.3 million instances of people driving under the influence of illicit drugs in 2012.

Is college football’s reach really greater than the law?

In the end, Baylor University and Coach Briles announced they had “mutually agreed” to part ways, but not without acknowledging the “serious shortcomings in response to reports of sexual violence by some student-athletes, including deficiencies in university processes and the delegation of disciplinary responsibilities with the football program.”

If you feel that you may have been a victim of wrongful termination, you’re not alone. Wrongful dismissal from a place of employment is one of the most common labor disputes there is.

No matter the circumstances, many of us may feel that we were “wrongfully” fired or let go from our jobs, but the legal definition of wrongful termination requires a little bit more evidence than hard feelings.

Most employment contracts in the United States are made “at will,” meaning that employees may be dismissed at any time and for any reason — well, almost any reason.

There are a few very important exceptions to the “at will” employment contract, and if you feel you were fired for one of these reasons, you may be subject to damages compensation or a severance package from your employer.

• Discrimination. No employee can be fired simply because of their gender, race, nationality, religious beliefs, or age. Some states also have discrimination protections based on gender identity and sexual orientation.
• Retaliation. An employer cannot fire you to “get back” at you because you are, for example, involved in a discrimination case against them or have served as a whistleblower for some form of suspicious activity.
  
• Refusal to Commit Illegal Activity. If you were released because of a refusal to comply with orders that would have required you to do something against the law, you may have a case for wrongful termination.
• Breach of Contract. Some contract agreements, particularly those involved with labor unions, involve a mandatory procedure before termination. Your employer must follow these procedures, or the dismissal is considered wrongful.

Was your firing illegal? If so, speak with an employment lawyer or wrongful termination attorney about your case.

Wrongful termination cases aren’t always easy. There are, however, at least 20 different grounds to make a strong case as a wrongfully terminated employee.

You most likely cannot make a case for wrongful dismissal if, for example, you were a truck driver involved in a crash — which happened 333,000 times in 2012. Hiring a lawyer for your case is not a decision to be taken lightly; civil lawsuits cost the economy $239 billion every year.

However, it never hurts to talk. Many lawyers will offer you a free consultation to hear out your situation and determine if you have a strong case for wrongful termination.

At any given moment, as many as 660,000 individuals in the United States are using cell phones or other electronic devices while driving. This puts not only the drivers, but everyone around them, at a greater risk for car accidents.

If you or someone you know was involved in one of the 333,000 large vehicle accidents annually, finding a good car accident attorney should be at the top of your priority list. Not sure where to start? Here are five things you need to know before you hire a car accident attorney.

Initial Consultations Are Usually Free
Many people aren’t willing to call a lawyer because they believe it will cost too much. However, a good lawyer will be willing to discuss the basic facts of your case and tell you whether they believe you even have a case, for free. Costs can be negotiated and discussed afterwards.

Experience Matters
Most good lawyers limit their practice to one or two kinds of law. If you are hiring a lawyer to represent you in a brain injury or bodily injury case, you should make sure that they have experience in that specific field.

Past Success Counts
Understanding how a lawyer typically handles cases similar to yours can be very helpful in determining if they are the right lawyers for you. Before making a final decision about a lawyer, do some research into past cases they have handled. If you find it hard to find a lot of information about past cases, ask them during the consultation about the results of the previous cases they have handled.

Lawsuits Aren’t Always Necessary
While up to 96% of cases get settled before a trial ever occurs, some cases do not even need a lawsuit to be settled. A lawyer can sometimes get the important information to the insurance company for the defendant and settle the case without needing to file in court.

Know Your Fees
Any lawyer must be paid for their time and services to you. If you hire a lawyer, you need to make sure you understand what is referred to as a contingency fee, which occurs only after you’ve been paid. This kind of a fee allows you to hire a great lawyer without having to pay that lawyer upfront, but amounts differ and you should be aware of cost at all times.

Motor vehicle accidents are the leading cause of traumatic brain injury-related deaths, and to avoid any unnecessary financial strain, it’s important that you understand these five things before you look into any car accident attorneys.

In the U.S., civil lawsuits cost the economy an average of $239 billion annually. These cases range from everything from car accidents to slip and falls. Taking into account that 660,000 drivers use cell phones or other electronic devices while driving, it’s no wonder why 330,000 trucks were involved in accidents in 2012. If you are looking for a car accident lawyer to help with your case, remember the other services your attorney can provide.

Filtering Information
In most cases, victims of personal injury cases often times do not know the impact their statement can have on the amount they could be awarded. In some states, judges may order victims to release their social media profiles for investigation. Knowing this, personal injury lawyers can show you acceptable forms of communication and can advise on what to do next. In the event that you make a mistake, your lawyer can advocate for you.

Negotiate with Insurance Companies
Believe it or not, your lawyer can negotiate with insurance companies to make sure they do not take advantage of your situation. The insurance company’s main goal is to pay out as little as possible. Your car accident lawyer has your best interest in mind and will see that you are awarded what you deserve.

Negotiate with Creditors
Not only can your lawyer work with the insurance companies, they can also negotiate with creditors. The insurance companies may not cover all the bills you incur from your accident. In some cases, you may have to pay out of pocket for the remaining balance. In some states, your attorney can speak on your behalf and work with creditors to reduce your bills.

No Fee Mediation
If you’re apprehensive about hiring an attorney for your case or wonder if you have a case at all, some lawyers offer mediation free of charge. They can submit mediation briefs and let you know if the mediation settlement being offered is best for you.

You may have been injured in a car accident, but that does not mean you are alone. Choose a car accident lawyer with your best interest in mind. After all, they are here to service you.

There are federal rules, and then there are state laws. For example, in Kentrucky, it’s illegal to fish with a bow and arrow.

While some state laws and regulations might be silly, others are very serious. When you’re on the hunt for a lawyer, it’s important to keep your location in mind. Big-box law firms and injury attorneys that span the country might have the money for catchy advertising, but they don’t necessarily have the local know-how and connections needed to get you the legal service and advice you require.

Here are some common reasons people hire lawyers, and why it might be important to stay local with a personal injury attorney in Lexington, KY for your case.

• DUI
  Driving under the influence of alcohol or any other type of substance that impairs driving ability can lead to serious consequences. In 2012, there were an estimated 10.3 million people on the roads driving under the influence of illegal substances. DUI law in Kentucky is very strict: if you have a blood or breath alcohol content of 0.08 or higher, you may be tried in a court of law and possibly given jail time. If you’re caught in Lexington, it makes sense to hire an attorney in Lexington who understands the local procedure to help you make the best case for defense.
• Personal Injury
  There is a one-year statute of limitation on cases of personal injury, medical malpractice, or products liability in Kentucky, which means that if you want to get compensation, you need to start your case well before then. The types of claims and theories also vary by state, so you’ll want an attorney in Lexington who’s well versed in at least one of the following, depending on your situation: wrongful death, auto accidents, medical malpractice, workers’ comp, product liability, and slips and falls. Some of these necessarily overlap: Vehicle accidents, for example, are the leading cause of death from traumatic brain injury for 20 to 24 year-olds, while falls are the leading cause of traumatic brain injury in children under age four and adults over age 75.

Don’t trust your case to some face on a billboard — make sure you get the local knowledge and experience of an established law firm who will understand how to best go about handling your case.