Commercial Truck Lawsuits

Why are Commercial Trucks So Dangerous?

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Although commercial trucks are involved in a fraction of the accidents on Kentucky roads, they can do far more damage than private vehicles. For many reasons, you should be wary and alert when driving near or around a commercial truck. It may be the difference between getting to your destination safely or ending your day in a hospital.

Kentucky Commercial Truck Accidents by the Numbers

More than 80 million tons of cargo are transported on Kentucky roads annually, according to the Kentucky Trucking Association (KTA). As of 2015, the state had 28,000 commercial truck drivers, and more than 10,000 companies operated commercial trucks.

There were 130,042 reported vehicle collisions in Kentucky in 2022, the Kentucky Transportation Cabinet reports. Fatal injuries occurred in 711 of these accidents, with nonfatal injuries in 19,572 crashes. Commercial trucks were involved in 86 fatal collisions and 1,351 accidents, causing injuries.

Nationally, about 5% of all registered vehicles are commercial trucks, according to the American Trucking Associations. If that’s true for Kentucky, they’re doing more than their fair share of harm, given their involvement in 12% of fatal accidents and almost 7% of crashes causing injuries.

What Makes Commercial Trucks Dangerous?


There are several reasons why commercial trucks are potentially more hazardous than other vehicles, pedestrians, bicyclists, and motorcyclists.

1. Size and Weight

Commercial trucks pose a heightened risk primarily because of their size, weight, and physics. These vehicles may weigh up to 80,000 pounds, about twenty times heavier than the average passenger vehicle. The momentum generated by a commercial truck can make it more difficult for trucks to stop or maneuver swiftly compared to passenger vehicles. This increases the chances of a crash, especially in emergencies.

2. Severe and Fatal Injuries are More Likely

Because the mass of a commercial truck is far greater, the energy it sends into another vehicle is much more than if a passenger vehicle is involved in a crash. That energy is released when the vehicle collapses and bends. It also goes into occupants when they are rapidly pushed and pulled into their seatbelts or the vehicle’s interior, causing injuries.
If you’re going to be struck at a particular angle and the other vehicle travels a given speed, you’re probably better off being hit by another passenger vehicle. It’s like the difference in the injury you’ll get if you drop a one-pound weight onto your foot and drop one weighing twenty pounds.

3. Limited Visibility

Commercial truck drivers usually have limited visibility of what’s around them. Due to their size and design, truck drivers often have blind spots, areas around the vehicle where other vehicles are not easily visible. If a truck driver can’t see a vehicle in a blind spot and changes lanes into it, the truck can sideswipe it unless the other driver gets out of the way.

4. Braking Distance

Due to their weight and size, commercial trucks have much longer braking distances than smaller vehicles. When a truck driver applies the brakes, the time and distance for the vehicle to come to a complete stop is substantially longer than a passenger vehicle. This increases the risk of rear-end collisions.

5. Fatigue and Driver Distraction

Long hours on the road without proper rest are a hazard for anyone behind the wheel. While driving for hours may be unusual for most of us, it can be a daily occurrence for a commercial truck driver.
Fatigue impairs cognitive functions and slows reaction times, increasing the likelihood of accidents. It can also lead to driver distraction as they try to stay alert and engaged. A tired driver may also fall asleep, which can be deadly even when their eyes shut for a few seconds.

6. Cargo Shift and Improper Loading

Improper loading or a cargo shift can lead to a loss of control and potential accidents. The truck may be more difficult to steer and fall on its side. Improperly secured cargo may also fall off a trailer or truck bed and hit vehicles behind it. Other drivers may hit their brakes or try to steer around the cargo, causing collisions with others.

7. Poor Weather Conditions

Due to their weight and size, commercial trucks are particularly vulnerable to bad weather conditions. Roads covered in water, snow, or ice, and strong winds can impact the truck’s stability, making it harder for the driver to control the vehicle. A semi-truck could jackknife, slide between lanes, and take an extra-long distance and time to come to a stop.

Speak To A Truck Accident Lawyer Today

If you or a loved one is killed or injured in a collision with a commercial truck in Kentucky, you may have a right to compensation for the harm you suffered. Satterley & Kelley PLLC can and will help you confidently handle legal matters, including insurance claims and litigation.
Get the help you deserve from our attorneys. Schedule a free initial consultation by calling our Louisville office at 855-385-9532 or completing our contact form today.

Keep Your Hands Up and Step Away From Social Media

Personal Injury Lawsuits: Keep Your Hands Up and Step Away From Social Media

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There’s a good chance you use social media. You may not post much, or you use it to constantly document your life., Perhaps you are  somewhere in between. No matter how much you use social media, you should stay off it or strictly limit your use if you’re involved in a personal injury matter. The more you post (or respond to others’ posts), the greater the risk you’ll hurt your case and recovery.

Social media has benefits, especially if you’re injured, unable to work, and isolated at home. It’s a way to see the outside world, stay in touch with friends and family, and keep your spirits up. But loose social media lips sink cases.

Nothing You Post on Social Media is Private

Your account might be public, so anyone on the platform may see your posts, whether that’s what you write or share or the photos or videos you include. Someone checking them out could be an investigator working for the insurance company considering your claim. They love social media because they can see into your world from the comfort of their office chair. Depending on your post, you may give them a lot of damaging information.

Even if you’re on a platform where you’re anonymous or in a private group, they can still see what you’re posting. During the litigation process, each side makes discovery requests to each other. That can include access to, or copies of, your social media posts.

If you think you posted something that’s not good for your case, don’t delete or change it (but let us know about it). That would be considered spoliation of evidence, which means you’ve destroyed or altered evidence. Judges take this very seriously. Doing that could result in your case’s dismissal.

Your Posts May Show You’re a Liar

Credibility is like gold in personal injury cases. You can damage it if we tell the insurance company one thing, but your posts tell them something else. Your claim and lawsuit will describe how the accident injured you and how these injuries impact you.

If you paint a very grim picture of being very limited and in pain to us, which we relay to the insurance carrier, but you discuss an active lifestyle and post photos and videos of you engaged in physical activities, you’ve essentially set your case on fire.

An investigator following a plaintiff would love to get photos or videos of someone supposedly very limited by an injury, mowing their lawn, going for walks, or actively having a good time with friends. If you post those things, you deliver damaging evidence to the insurance company. There’s no need for an investigator to leave their office.

You may hurt your case even if you don’t post about having the time of your life or you’re training for a marathon. Just posting something that can be interpreted as you being healthier than you claim can be a problem.

Admissions of Fault

Whether you file an insurance claim or a lawsuit, the burden is on you to prove the other party is at fault (or liable) and you’ve suffered harm (or damages) due to the accident. Posts about your active life will harm your credibility and damages claims.

If you post anything about the accident where you directly or indirectly say you’re to blame in some way, it will not only add a nail or two to your credibility’s coffin, it will make it more difficult to show the other party’s liable, and it can impact how much damages you may recover (due to comparative negligence).

Limit, if Not Cease, Your Social Media Posts

You should stop posting to end any risks social media may pose to your case. If you can’t go cold turkey, remember that the insurance company will see everything you post. Don’t post anything that can hurt your case.

You could discuss other things. Post recipes, discuss NASCAR or your religion (if they’re not one and the same), what your kids are up to, politics,  basketball, or the weather. Just don’t go near anything that could impact your case, whether through a written post, a response to someone else’s post, a photo, or a video.

This applies not only to social media but also to any communication you have with others. Anyone you speak to about what happened or your injuries could be questioned by an insurance investigator or attorney. If they disclose something relevant, the insurance company could call them as witnesses.

You Must be Honest with Us If We Take Your Case

Social media posts can expose dishonest people involved in accidents. They may try to invent an injury, try to exaggerate its effects, or state things that are untrue about an accident’s cause. If you’re one of those people, don’t contact us because we don’t want your case. Our integrity and reputation are worth far more than what we might earn working on it.

Speak To a Satterley & Kelley, PLLC Personal Injury Attorney Today

If someone else’s negligence injures you or a loved one, Satterley & Kelley PLLC lawyers can protect your interests and legal rights to compensation. Call our Louisville office at 855-385-9532 or complete our online contact form to schedule a free initial consultation to discuss your case and how we can help.

How Does Kentucky Vehicle Insurance Work

How Does Kentucky Vehicle Insurance Work?

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Kentucky’s auto insurance system is designed to keep low-value vehicle accident claims out of court while allowing those more seriously injured to litigate their case. If you’re involved in an accident, you may find paying for coverage beyond the required minimums was a good investment.

What is a “Choice No-Fault” Insurance System?

Kentucky is one of twelve states with a no-fault insurance system that allows individuals to opt out of them. Under a no-fault system, drivers use their vehicle insurance policy to compensate for medical costs and other financial losses caused by an accident, no matter who is at fault, up to the coverage limit. A benefit to this approach is you may get some coverage relatively quickly, without going to court, because there’s no need for an investigation into fault and liability.

Kentucky’s no-fault insurance comes with “personal injury protection” (PIP), whose minimum coverage is $10,000 for:

  • Medical bills caused by your accident injuries
  • Lost pay due to missed time at work
  • Expenses due to the accident

This minimum coverage doesn’t include vehicle damage or compensation for pain and suffering caused by your injuries. PIP covers you, the passengers in your vehicle, and the pedestrians and bicyclists you may strike with it.

If you can afford it, you should pay a higher premium when you buy vehicle insurance  to increase PIP coverage because you could quickly surpass the $10,000 limit. You need to use PIP coverage whether or not you or the other driver is at fault. If another party caused the accident, your carrier will seek reimbursement from their insurer.

Can I Reject No-Fault Insurance?

In Kentucky, vehicle liability coverage is mandatory, but you can choose not to participate in the no-fault system. If you’re injured in an accident caused by another driver, you won’t have PIP coverage, but you can file a lawsuit against them. You can also be sued if you injure someone in a vehicle accident.

Your rejection of no-fault coverage must be written or on a specific form filed with Kentucky’s Department of Insurance.

Can I Sue the At-Fault Driver?

PIP recoveries are limited and won’t be enough for more severe accidents. You can go beyond this system and file legal claims against responsible parties when the accident causes:

  • At least $1,000 in medical bills, or
  • Your permanent disfigurement; a broken weight-bearing bone; any bone fracture that’s compressed, compound, or displaced; a permanent injury or lost bodily function

If you don’t meet the injury requirements, given our healthcare system, it doesn’t take much to reach, if not exceed the $1,000 limit in medical costs. After these thresholds are met, you can seek compensation beyond the no-fault insurance coverage limits. This can cover emotional distress, pain and suffering, non-economic losses, and property damage.

PIP won’t cover you if your trip was work-related. If you own a business, you should have commercial insurance coverage for that situation. If you work for someone else and are injured, file a workers’ compensation claim. Legal action against the at-fault party may be an option.

What are Other Requirements?

You must pay for at least a minimal amount of liability coverage. This applies to claims for injuries and vehicle damage suffered by others who blame you for the accident. The minimum coverage in Kentucky is:

  • $25,000 for injuries per person, per accident
  • $50,000 for all injuries caused in an accident you caused
  • $10,000 for property damage due to an accident you caused

These figures mean that your insurance carrier will cover your liabilities up to these amounts. You’ll need to pay anything beyond them.

Like PIP, buy more liability coverage if you can afford it. If you cause an accident and there are multiple occupants in the other vehicle, the value of their injuries can easily go beyond $50,000. Depending on the car you hit, it may not be difficult to cause at least $10,000 in mechanical and or body damage.

What Coverage That’s Not Required Should I Buy?

Additional coverage for accident-related medical bills is worth considering, especially if you lack health insurance, your health insurance coverage is not very good, or you have high deductibles.

Uninsured/underinsured motorist coverage  protects if the accident is caused by someone who lacks insurance or their coverage isn’t enough to cover your losses. It also goes into effect if you’re the victim of a hit-and-run accident and the other driver’s identity and insurance coverage are unknown.

Speak With An Experienced Vehicle Accident Injury Lawyer

Satterley & Kelley, PLLC has represented vehicle accident victims for decades. Discuss your case with a knowledgeable Louisville attorney by contacting our law offices online or calling us at 855-385-9532.

Commercial Truck Lawsuits

Unsafe Tires and Winter Weather Make Truck Accidents More Likely

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This is not the new math. It’s as old as commercial trucks and tires, which started traveling the roads in the early 1900s. If a commercial truck strikes your vehicle (especially if the roads are slick), unsafe, worn tires may be to blame. Using overly-worn tires and not replacing them is good evidence of negligence.

You may be entitled to compensation if you or a family member are injured in a Kentucky truck accident. Contact Satterley & Kelley PLLC online or by telephone at 855-385-9532 to schedule your free initial consultation.

A Perfectly Functional Truck and an Experienced Driver May Not Prevent an Accident Caused by Unsafe Tires

Commercial trucks crisscross our state’s and nation’s highways daily, transporting goods to their destinations. These massive vehicles play a crucial role in keeping our economy moving. But a potential danger lurks beneath them – worn-out tires. In adverse weather conditions such as rain, ice, or snow, they can be a ticking time bomb, significantly increasing the risk of accidents.

Tire treads are designed to provide traction and grip on the road surface, especially in wet or snowy conditions. Over time, tires rack up miles, and their treads wear down. Worn tires make bad driving situations worse.

Slip Sliding Away

The reduced tread depth diminishes the tire’s ability to push water and snow away, increasing the likelihood of hydroplaning. This occurs when a layer of water lies between the tire and the road, so the truck isn’t traveling on pavement but on water. This lost contact with the pavement and lack of traction can cause the driver to lose control of the vehicle, potentially causing a catastrophic accident.

In icy conditions, worn commercial truck tires struggle to grip slippery surfaces, making it challenging for drivers to navigate safely. Even with the best anti-lock braking systems and traction control, the compromised traction from worn tires increases the stopping distance. It makes it difficult for drivers to respond effectively to sudden changes on the road. They may be unable to avoid accidents and strike what’s in front of them or cause a jackknife accident.

Regular maintenance and inspections are required to reduce the risks of worn commercial truck tires. Trucking companies and drivers should adhere to recommended tire replacement schedules and monitor tread depth closely. Investing in quality tires with deep treads designed for all-weather conditions can significantly enhance safety on the road.

Truck Tires and Negligence

Unless there’s evidence of an intentional act, personal injury cases (like those involving car and truck accidents) are based on the negligence legal theory. You, the plaintiff (the injured party filing the lawsuit), have the burden of showing that the defendant(s) (the party or parties being sued) was/were negligent in causing the accident and resulting injuries.

To do that, the plaintiff must establish:

  • There was a relationship between the parties: you shared the road with the truck and driver at the time and place in question
  • The defendant(s) owed you a duty of care because of that relationship: the driver had to drive reasonably safely in a reasonably safe commercial truck provided by the trucking company
  • The defendant breached or violated that duty of care: The driver failed to do a safety inspection before driving the truck, did one but didn’t look at the tires, or looked at the tires and ignored how dangerously worn they were. The trucking company wasn’t regularly inspecting the truck, or if it did, its employee failed to look at the tires or looked at them and reported they should be replaced, but the company refused
  • That breach of duty is the factual and legal (or proximate) cause of the crash and your injuries (physical, psychological, emotional, and financial harm, known as damages, which includes what happened in the past and what’s reasonably expected to happen in the future)
  • Under Kentucky law, the defendant(s) must compensate you for your damages

Each case is based on its unique facts and evidence. One of our most critical services is investigating our clients’ accidents. We gather evidence of what happened and why and base our decisions on what we find.

Accident victims lack the knowledge, resources, and expertise to do their investigations. Without this crucial step, you may miss additional defendants who are potential compensation sources and accept a settlement offer that’s far less than what your case is worth.

Speak To A Kentucky Truck Accident Lawyer Today

Satterley & Kelley, PLLC, helps truck accident victims handle legal matters that may provide them compensation for their injuries. Put boots on the ground with help from our attorneys. Schedule a free initial consultation at our Louisville office by calling 855-385-9532 or completing our contact form today.

Should I Settle My Car Accident Case?

Should I Settle My Car Accident Case?

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Nearly all personal injury cases settle. For both parties, the risks and costs of having a jury or judge deciding the outcome are too high to justify walking away from a reasonable proposal. But not all cases are resolved through negotiation, nor should they be depending on the circumstances.

If you are injured in a vehicle accident, you may be entitled to compensation for the physical, emotional, and financial harm you suffer. Call Satterley & Kelley PLLC to speak with a skilled car accident attorney today. Call our Louisville office at 855-385-9532 or complete our online contact form to get started.

Why Should I Settle My Claim?

Settling a car accident injury claim offers several advantages, but it’s a personal decision that requires careful consideration of several issues. Here are some reasons why settling might be right for you:

  • Time: Settling a claim is usually quicker than going through a lengthy court process. This can provide you with a faster resolution and access to compensation sooner
  • Costs: Going to trial court can be expensive, with court costs and other expenses increasing. Settling out of court prevents these additional expenses. Some insurance companies may lower their offer as they spend more on litigation
  • Certainty: A settlement gives you a guaranteed amount. A trial outcome is uncertain. The parties have limited control over what’s going on and what jury members think, and your verdict may come as a surprise. Certainty can be critical if you need financial assistance for property damage, medical bills, or other expenses
  • Control: Related to certainty, the parties control the settlement outcome. We negotiate settlement terms and reach an agreement that both parties can live with.
  • Privacy: Trials and their filings are open to the public. If your case goes to trial, a total stranger can learn your medical, psychological, and financial situation and pass it on to whomever they want
  • Stress: A trial can be emotionally draining. Some parties handle it better than others. If you suffered a particularly traumatic accident, you’ll have to relive it multiple times during litigation.
  • Avoiding appeals: Although successful appeals are rare, they happen. You might complete the trial and get the verdict you want but have the outcome potentially tied up in appeals for years. A settlement prevents this from happening

Whether settlement is a wise choice depends on the specific circumstances of your case, the extent of your injuries, your goals, your risk tolerance, and the willingness of the insurance company to negotiate in good faith.

Why Should I Go to Trial?

The flip side of the issue is going to trial. This involves taking risks, but the risks may be manageable, and the uncertainty of a trial may be worth tolerating if the insurance company’s offer is unreasonably low or unrealistic. Depending on the harm you suffer, you don’t have much to lose if all you have is a “lowball” offer.

Here are some reasons why you might choose not to settle and go to trial with your car accident claim:

  • Disputed liability: If an insurance company doesn’t feel their insured is liable for your injuries, they’ll likely offer little to settle. A trial may be worthwhile if we believe we have a strong liability case because the facts and law are on our side. If a judge agrees with us and the insured is liable for the accident, the insurance company may increase their offer to the point it’s worth accepting, so the trial will come to an early close
  • Disputed damages: The insurance company may believe you’re not as injured as you claim, and their low offer reflects that. A severely injured plaintiff with long-term or permanent substantial disabilities may be looking at hundreds of thousands or millions of dollars in past and expected future medical treatment, rehabilitation, and psychological therapy costs. An insurance company may be willing to risk a verdict in your favor if they think a jury won’t be sympathetic to your claim
  • Insurance company tactics: Some insurance companies are more willing to play “hardball” and will insist on a low settlement offer. They may see this as a “big picture” strategy because the few, high trial verdicts they pay are just the downside of saving more money when most plaintiffs accept settlements that are less than what their cases are worth. If you don’t want to play their game, you can go to trial

Before you decide which path is right for you, we will discuss with you the strengths and weaknesses of your case, how we think a jury may respond, and give you the benefit of our more than 30 years of experience handling, negotiating, and litigating personal injury cases. Though you’ll need to make this decision, you won’t do it alone because Satterley & Kelley PLLC will be there with you.

Speak With An Experienced Car Accident Injury Attorney

Satterley & Kelley, PLLC has three decades of experience representing hundreds of motor vehicle accident victims, and we can help with your claim, too. To discuss your situation with a knowledgeable Louisville lawyer, contact our law offices online or by telephone toll-free at 855-385-9532.

deadly truck accidents

Jackknife Truck Accidents in Kentucky: 80,000 Pound Out-of-Control Vehicles Can Wreak Havoc

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A jackknifed tractor-trailer is one that’s lost control, and instead of the tractor and trailer pointing in the same direction, they point in two directions. When this happens, depending on the conditions, it may be difficult or impossible for the driver to steer or stop the vehicle. It may slam into anything in its way, including your car.

What is a Jackknife Accident?

A semi-truck has two parts, the tractor and the trailer. Both are connected through joints. Jackknifing is an emergency where the semi-trailer and tractor skids. The trailer and cab are perpendicular, perhaps at a 45-degree angle. The trailer and tractor look like an open jackknife.

There are two types:

  • Tractor jackknife: The tractor tires lock, the trailer continues to push it, and the tractor moves sideways
  • Trailer jackknife: The trailer tires lock, but the tractor keeps moving. The trailer then slips sideways

In either situation, the vehicle is out of control until it stops or the driver recovers.

Why are Jackknife Accidents Dangerous?

The tractor or trailer could slide into another vehicle. It may also cause secondary accidents as other drivers brake sharply to try not to hit it or steer around it. Given their weight and the speed at which tractor-trailers travel, these accidents often cause severe, life-changing, and sometimes fatal injuries.

If negligence can be shown, you may obtain compensation for the harm you suffer in an accident caused by a jackknifed tractor-trailer.

What are Jackknife Accidents Causes?

There are many potential reasons. They include:

  1. Improper Braking

Semi-trucks have air braking systems. Drivers must have proper training and use the correct techniques for safe operation. Any brake problems can cause the vehicle to lose balance and jackknife

If the vehicle travels too fast, high-speed braking can impact the vehicle. Suddenly, applying the brakes to try to stop the vehicle can cause the wheels to lose traction. The trailer or cab can slide due to imbalance. Using the brakes or not applying them correctly while engaging in a turn can also cause a jackknife.

  • Bad Road Conditions

A pothole or another roadway hazard causing the driver to take a sharp turn can result in a jackknife. Inclined or uneven roads can cause a loss of balance or a change in the truck’s weight distribution. This may cause the trailer to slide. Confusing signage and lane shifts can be problems in construction areas because the driver may take a sudden turn that jackknifes the tractor-trailer.

  • Poor Weather

Heavy rainfall makes roads wet and slippery. Tires without traction cannot keep the vehicle’s balance. The trailer’s brakes can lock up, and it can slide sideways. Icy and snowy roads can also cause the tractor or trailer to skid at different angles with each other.

Poor weather also decreases visibility. If drivers cannot see clearly, they may not realize how close they are to another vehicle or object. They may take a sharp turn or slam on the brakes to avoid a collision, which can cause a jackknife accident.

A tractor-trailer driver traveling in bad weather is obligated to drive safely. That can mean slowing down or pulling off the road if the conditions are bad enough. Poor driving conditions aren’t a defense to a personal injury case.

  • Overloaded Trailers

Trailers are usually packed with heavy loads requiring substantial force and power to propel them forward or stop them. If it’s carrying more weight than it’s safe to do so, the trailer can lose balance if the weight’s not evenly distributed, making one part heavier than the other. Applying the brakes suddenly can cause a trailer to jackknife because the heavier trailer pushes the tractor.

  • Inexperienced drivers

Semi-trailers are difficult to drive safely. Commercial driving is a stressful job with lots of turnover, so many new drivers don’t remain on the job long enough to be experienced enough to handle dangerous situations. They can panic in an emergency. They may follow other vehicles too closely or too fast for conditions.

All this can put a driver and their tractor-trailer in situations where jackknife accidents are more likely to happen. If they do occur, the results may be more severe than one where a driver can better handle the truck.

  • Other Driver Issues

Fatigued, intoxicated, or distracted drivers may not be fully aware of what’s happening in front of the truck. If they see another vehicle, an object, or a turn in front of them too late to respond safely, their sudden braking or steering can cause a jackknife.

  • Poorly Maintained Trucks and Trailers

Semi-truck parts should be in good working order and meet all federal and state safety standards. Problems with the braking system or steering can cause loss of control and a jackknife.

How Can I Win an Accident Case Involving a Jackknifed Tractor Trailer?

Commercial truck accidents can be complex, with different parties blaming each other for the problem. After you retain Satterley & Kelley, PPLC, we will get your information and investigate the accident. The facts and evidence we gather will be the foundation of your case and claims for compensation against others.

Speak To A Satterley & Kelley, PLLC, Truck Accident Attorney Today

If you are injured in a Kentucky accident caused by a jackknifed tractor-trailer, we can and will help you handle legal matters whose outcome can help you get on with your life. Put boots on the ground with help from Satterley & Kelley, PLLC.

To schedule a free initial consultation at our Louisville office, call 502-589-5600 (toll-free at 855-385-9532) or complete our contact form today.

CA Fire Shows the Asbestos Dangers Firefighters & Residents Face

California Fire Shows the Asbestos Dangers Firefighters and Residents Face

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Asbestos was widely used in the US from the Industrial Revolution until the early 1980s. Many structures standing today contain asbestos that was installed decades ago. It lies in wait until the asbestos is removed, the buildings collapse, are torn down, or burn. Though structures and their contents catch fire, these cancer-causing fibers do not. They are set loose and ride hot air and smoke into the surrounding area and onto any first responders at the scene.

Historic Landmark Burns and Starts to Collapse

The north hangar at Tustin’s now-defunct Marine Corps Air Station was 17 stories high before it started burning in early November. The structure is more than 1,000 feet long and almost 300 feet wide. Three football fields could easily fit inside end-to-end.

It was constructed in 1942 and housed blimps that were part of the military’s effort in World War II to find Japanese submarines or ships that may have been off the California coast. It (and its twin, hangar one) is primarily made of wood. Both hangars are on the Register of National Historic Places.

The air station closed in 1999, and most of the property was turned over to Orange County, but the north hangar remains US Navy property, reports the Los Angeles Times. The fire started on November 7, was brought under control, then flared back up again the following weekend. The structures and fire were so big water, was dropped on it from aircraft normally used to fight forest fires.

Smoke, Ash, Chemical Fumes, and Asbestos Rain Down on Area

Local schools were closed starting two days after the fire as part of Tustin’s declaration of a local state of emergency, in part because asbestos was discovered in the ash in Tustin. The county is warning residents not to touch the ash littering the area or any charred chunks of debris that have landed on roofs, lawns, and cars. 

People are advised to close their windows and to spray down patios, not sweep them. Ash on pets should be washed off, reports the Orange County Register. Tustin has hired an asbestos remediation company to start additional testing and cleaning up debris.

University of California Irvine professor Michael Kleinman researches health risks from fires. The Register quotes him as stating that, besides the asbestos danger, there’s “a very good chance” wood used in the structure was treated with arsenic and covered in lead-based paint. As the structure’s remains smolder, toxic material will continue to be released into the air.

Particles could enter nearby homes even if their windows are closed. Kleinman advises those with health conditions and children to leave the area.

Firefighters and First Responders at the Scene

During their peak use, asbestos was in thousands of products. They were used in every type of structure, in vehicles, ships, and aircraft. Without knowing it, many Americans for decades were surrounded by asbestos products while at home and where they worked. Those asbestos products are still with us. Their presence is often unknown or ignored.

For many conscientious property owners, these materials are wrapped up and encapsulated so deadly asbestos fibers won’t be released into the air. If the structure they’re in burns, that asbestos may become airborne.

While the media focuses on the impact on Tustin residents, firefighters, and first responders are far closer to the fire and more exposed to toxic substances. The fact a massive building of historic importance is destroyed gets attention, but the truth is there could be hundreds of thousands of buildings containing asbestos in the US.

Though they’re not nearly the size of the Tustin hangar, they pose the same dangers, just on a smaller scale. Firefighters come to the scene of fires, not knowing what’s inside a burning structure. They don’t respond to every fire in full hazmat suits with respirators. Asbestos is one of many life-threatening hazards firefighters face every day.

Why You Should Hire Satterley & Kelley, PLLC for Your Cancer Case

If you’re diagnosed with mesothelioma or another asbestos-related cancer, you may be entitled to compensation for what you’ve endured. This includes physical and mental pain and suffering, financial costs, medical bills, and how the disease impacts your relationships. It can be due to asbestos released during accidental fires or any other source.

You need a law firm with experience representing victims taking legal action against the asbestos industry. Satterley & Kelley, PLLC attorneys have helped asbestos victims for more than 25 years.

We have relationships with the best experts in the world to help us prove that asbestos caused your injury and the physical, emotional, psychological, and financial harm you suffered.

Call Us Today For A Free Consultation

Satterley & Kelley, PLLC, attorneys are your boots on the ground if you or a family member in Kentucky suffers from mesothelioma or another asbestos-related condition.

To discuss your asbestos lawsuit options, and how Satterley & Kelley, PLLC can help, call our office in Louisville at 502-589-5600, or toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.

Mesothelioma Support Groups

Coping with Mesothelioma Fatigue and Living with Cancer

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If you have mesothelioma, you have probably experienced fatigue. Fatigue is one of the most common mesothelioma symptoms, and is also one of the most common side effects of mesothelioma treatment. However, despite being experienced by almost all mesothelioma patients, fatigue is often misunderstood. In this article, we will explore mesothelioma fatigue, including how it differs from regular tiredness, what causes it, and what you can do about it.

What is fatigue?

Fatigue is an unusual lack of energy, tiredness, or exhaustion. It is different from the sort of tiredness a person feels normally, such as feeling wiped out after a long day. Rather, fatigue can make someone feel totally exhausted after only a small amount of activity or effort. In addition, someone with fatigue may continue feeling exhausted even after sleeping or resting, and may also have difficulties thinking clearly, remembering things, or otherwise going about their daily lives. People with fatigue may lose the motivation and ability to do things or complete everyday tasks—even things they normally enjoy.

Most people experience some combination of three types of fatigue:

  • Physical Fatigue: This is fatigue experienced in the body. It often presents as full-body exhaustion, tired muscles, or heavy limbs that make it difficult to move. The physical symptoms of fatigue can come from very small or ordinary amounts of activity (such as taking a shower), or from no activity or exertion at all. For someone with physical fatigue, tasks like bringing in groceries or washing the dishes start to feel like running a marathon.  
  • Mental Fatigue: Mental fatigue affects a person’s cognitive functioning, or their ability to think and process information clearly. It can become more difficult to initiate or finish tasks, to remember things, and to pay attention. This sort of fatigue can be particularly difficult to identify, since it may happen gradually and may take additional mental effort to pinpoint and explain.
  • Emotional Fatigue: Like physical and cognitive functioning, emotional functioning also requires energy, and can feel difficult or overwhelming to someone with mesothelioma fatigue. Mesothelioma can cause many difficult emotions, including anxiety, fear, sadness, anger, frustration, and grief. Carrying this huge emotional load can be especially difficult for patients, who may feel like there is no reprieve from dealing with the most draining of these emotions, and like there is little time, space, or energy for other, more positive or enjoyable emotions. For some people, having emotional conversations or interactions can be especially draining while fatigued.

How common is mesothelioma fatigue?

The vast majority of mesothelioma patients experience fatigue of some sort. Importantly, mesothelioma fatigue affects each patient differently, and may change in how it presents at different points in each patient’s mesothelioma journey.

What causes mesothelioma fatigue?

Mesothelioma fatigue has many potential causes, and is often rooted in several issues at once, to varying degrees. These can include:

  • Mesothelioma Treatments: Many mesothelioma treatments cause fatigue, including chemotherapy, radiation, surgery, and immunotherapy, as well as treatment complications and mesothelioma medications. Fatigue may begin or become worse after treatments, and may continue for weeks to months afterward.
  • Anemia: Mesothelioma patients may experience anemia (decreased red blood cells). Red blood cells move oxygen to different parts of the body, so a low red blood cell count means less oxygen flow, which leads to feelings of weakness, dizziness, shortness of breath, and fatigue.
  • Cancer Cells and Tumors: Cancer itself can lead to fatigue. Tumors and cancer cells can release toxic chemicals and proteins (such as cytokines), leading to hormonal changes that can cause and worsen fatigue. In addition, tumors that get in the way of breathing (especially among pleural mesothelioma patients) may further decrease oxygen supply and cause fatigue.
  • Nutrition and Appetite: Mesothelioma patients often struggle to maintain their appetite, leading to the body not getting the energy and nutrients it needs to fuel itself. In addition, mesothelioma sometimes makes the body need more of certain nutrients, and may also make it difficult for the body to process food. These factors can lead to malnutrition, which can cause and worsen fatigue.
  • Sleep Issues: Many mesothelioma patients experience sleep disturbances—either sleeping too much or too little. Sleep cycle disruption can cause fatigue, which can lead to a vicious cycle of increasingly worsening fatigue and sleep issues.
  • Pain: Many mesothelioma patients experience chronic pain and discomfort, which itself can cause both short-term and long-term fatigue in mesothelioma patients.
  • Lack of activity: It can be very difficult for mesothelioma patients to stay active. However, complete lack of activity can actually worsen fatigue, as it can lead to muscle wasting and other physical and psychological effects.
  • Psychological Impact: Mesothelioma can cause extreme emotional responses in both patients and their loved ones. These powerful emotions can be very taxing, and can lead to depression and anxiety—both of which can cause and exacerbate fatigue.
  • Infections: Mesothelioma patients are especially vulnerable to infections, especially during treatment regimens that include therapies like chemotherapy and radiation. Infections—especially chronic infections—can lead to fatigue.

What can I do to help with mesothelioma fatigue?

  • Document your fatigue and talk to your doctor. It’s essential to address your fatigue with your mesothelioma care team. To help them treat you most effectively, you should come prepared with as much information as possible about your fatigue, including:
  • When it started
    • How long it has lasted
    • Whether it comes and goes (and if so, for how long)
    • Whether certain things make it better or worse
    • What specific symptoms you experience
    • How it affects your life
    • Your current pain levels, diet, sleep habits, and level of exercise

Your doctor will ask you questions related to your fatigue, and may do testing to see if there are underlying medical issues that can be addressed. They may adjust your treatments, medications, or care to reduce your fatigue, and may also offer tips and guidance for coping with mesothelioma fatigue they cannot treat.

  • Conserve your energy and plan your activity carefully. Don’t be afraid to say no. One of the best ways to combat fatigue is to save your energy for the most important things, focusing on what you can do and what you want to do. Know your “higher energy” times, and plan activities you like and look forward to during those times. Do not be afraid to say no to stressful or unwanted activities.
  • Ask for help. Do not be afraid to ask for help, and to let people help you. Rely on your support system to help you with tasks that fatigue makes difficult or impossible.
  • Get enough healthy food and sleep. Stay on-track with a healthy mesothelioma diet. Your mesothelioma care team can help with your specific needs, but try to stick to a high-calorie, high-protein diet with lots of fruits and veggies, and make sure to drink enough water. You should also maintain healthy sleep: take short naps throughout the day (ideally no more than 30 minutes at a time) to maintain energy without disrupting your sleep schedule.
  • Stay active if possible. Seek guidance from your mesothelioma care team about the amount of activity that is right for you, but try to maintain some level of physical activity if you can. Choose activities you like, such as going on a walk with a friend, in order to maintain muscle mass and circulation, and boost your energy levels and mood.

Are you or a loved one looking for more information about mesothelioma and your legal options? Call (855) 385-9532 to learn more.

Asbestos and Block Insulation

Encapsulating Asbestos Products May be the Better Option vs. Removal

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Asbestos, once a widely used material due to its fire-resistant and insulating properties, poses severe health risks. Inhaling its asbestos fibers can cause serious respiratory diseases, including lung cancer and mesothelioma. If it’s in your home or business, you want it under control, if not removed entirely. One method of abating asbestos is encapsulation or sealing it in place.

If you or a loved one have mesothelioma or another asbestos-related illness, you may be entitled to compensation. Discuss your situation and how Satterley & Kelley, PLLC can help with us by calling our Louisville office toll-free at 855-385-9532. You may also complete our contact form to schedule a free initial consultation.

The Dangers of Asbestos

Asbestos is a naturally occurring mineral fiber widely used in homes, businesses, government buildings, vehicles, ships, and airplanes. Its fire- and heat-resistant properties made it popular for insulation, roofing materials, and thousands of other applications.

Fibers can become airborne when these products are installed, disturbed, age, and deteriorate. Those nearby may inhale or swallow the fibers, starting a potentially deadly, decades-long chain of events.

Asbestos causes lung cancer, mesothelioma, and asbestosis. The time between exposure and showing these conditions’ symptoms may take 30 or 40 years, making disease prevention and proper asbestos management essential.

How Does Encapsulation Work?

If there’s asbestos in an area, a professional, licensed, trustworthy abatement company should test it to ensure it’s asbestos. They should come up with options on how to best deal with it. This may include removing and safely disposing of it or encapsulating it where it is.

Encapsulation minimizes the risk of releasing fibers into the air by applying a specialized coating or sealant to encapsulate or seal up the asbestos-containing material, preventing the release of asbestos fibers. After testing the material, the following steps would be:

  • Preparation: Before applying the sealant, the surface of the asbestos-containing material must be prepared. This involves cleaning and removing any loose debris or dust that may hinder the effectiveness of the encapsulation
  • Application: The encapsulation material, often a liquid sealant, is applied to the asbestos-containing surface. This material is carefully chosen to ensure compatibility with asbestos and long-lasting protection. The encapsulant creates a durable barrier that binds the asbestos fibers and related material together, preventing them from becoming airborne
  • Curing and Testing: Next, it undergoes a curing process to ensure a solid and durable protective layer. Subsequent testing may be conducted to verify the effectiveness of the encapsulation and to ensure that the asbestos fibers remain securely contained

What’s done varies on the type of asbestos material being abated. The work area is sealed off. Workers wear protective equipment to prevent their exposure to fibers. Any asbestos that may have come loose during the process is cleaned up and removed.

What are the Benefits of Encapsulation?

Each abatement approach has its pros and cons. The benefits include:

  • Less Costly: Asbestos encapsulation is often more cost-effective than removal. The process involves less labor and disposal costs, making it an attractive option for managing asbestos-containing materials, especially in situations where removal is impractical or too expensive for the property owner
  • Less Disruption: Unlike asbestos removal, which can be a long and disruptive process, encapsulation is usually faster and causes less disturbance. This is particularly helpful in situations where removing asbestos could lead to further contamination or pose additional risks
  • Reduced Health Risks: Compared to ignoring the problem, preventing the release of asbestos fibers into the air through encapsulation significantly reduces the health risks associated with asbestos products in a building. Though it’s in a sealed-off area, removing asbestos might result in greater fiber release.

On the downside, encapsulation doesn’t end the threat asbestos fibers pose. It just postpones removal in a controlled or uncontrolled manner. If there’s a fire or the structure collapses or is demolished without proper removal, asbestos fibers could spread widely through the area.

When is Encapsulation a Better Idea Than Asbestos Removal?

Encapsulating the asbestos product may be a better option if:

  • The asbestos is part of a durable material, such as vinyl-asbestos flooring, and it’s still intact
  • The material is in good condition without much wear or tear
  • The impacted area is easily sealed up (walls, floors, and other flat surfaces)

Asbestos removal is the more common approach. It’s the better choice when the product is damaged, or fibers have been released into the structure. Asbestos is a clear threat in this situation and should be removed as soon as possible to prevent further health risks.

When is Asbestos Removal the Better Option?

Asbestos removal is the more common approach. Friable asbestos products may release fibers into the air, but if not appropriately handled, removal could make the situation worse. This is why hiring a qualified, insured asbestos abatement contractor is critical.

Removal may be the better choice or necessary because of the following:

  • Repairs, remodeling, or changes to your house are in areas where the asbestos-containing product is located
  • The material is extensively damaged and can’t be repaired
  • You’re selling the home, and the buyer makes asbestos removal a condition of the sale
  • It’s required by state laws or local ordinances

Peace of mind also comes with knowing the asbestos is out of your home, and you’ll never need to deal with it again.

Your Local Mesothelioma Law Firm

If you or a loved one are diagnosed with mesothelioma or another asbestos-related disease, you should understand your rights to compensation for the harm asbestos causes.

Experienced Satterley & Kelley’s, PLLC, asbestos injury lawyers can discuss your situation and help you recover compensation for your medical expenses, lost wages, and the pain and suffering you’ve endured. Schedule a free initial consultation at our Louisville office by calling us toll-free at 855-385-9532 or completing our online contact form today.

Multi-Vehicle Commercial Truck Accidents in KY

The Worst of Both Worlds: Multi-Vehicle Accidents Involving Commercial Trucks

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Both multi-vehicle and commercial truck accidents can be very complex concerning determining the cause, who’s liable, and whose insurance carrier will pay which party how much. Further,  these accidents frequently cause severe and fatal injuries, and you have a situation where an unrepresented accident victim has practically no chance of getting fair injury compensation.

If you or someone in your family is injured or killed in a Kentucky truck accident, Satterley & Kelley PLLC attorneys can help you handle legal matters with confidence. Call our Louisville office at 855-385-9532 today.

What are Legal Issues After a Truck Accident Affecting Multiple Vehicles?

Legal implications vary on the facts and circumstances of the accident. Generally, they can include:

  • Liability and Fault Determination: Establishing liability is crucial in a multi-vehicle accident. Our investigation may involve examining all the drivers’ actions. Factors such as traffic violations, negligence, and obeying traffic laws would be considered
  • Commercial Trucking Laws and Regulations: Commercial trucks are subject to federal and state laws and regulations. Violations, such as hours-of-service, inadequate maintenance, or overloading, will impact liability
  • Insurance Coverage: Commercial trucks typically have higher insurance coverage than passenger vehicles due to the potential for more severe accidents. There may be many insurance companies representing the different vehicles involved
  • Injuries and Damages: Injuries in multi-vehicle accidents can be severe, leading to extensive medical expenses and long-term disabilities. An investigation will include assessing the extent of your injuries, property loss, and other damages to determine fair compensation
  • Potential Multiple Lawsuits: In a multi-vehicle accident, various parties may file lawsuits against each other. This could include drivers, passengers, and even pedestrians involved in the accident. Different parties involved with the commercial truck may sue each other to deflect potential liability
  • Government Entities: Government entities may be involved, including the State Police, especially if poor road conditions or inadequate signage contributed to the accident. If a government entity may be liable, there are specific procedures and deadlines to pursue legal action against them
  • Evidence Collection and Preservation: Timely collection and preservation of evidence, including accident reports, witness statements, surveillance footage, and data from the commercial truck’s electronic control module, are critical in building a solid legal case. These efforts become more complicated as each party seeks evidence to support their claims or defenses
  • Negotiation or Litigation: Legal proceedings may involve negotiation with insurance companies or litigation if a fair settlement cannot be reached. Our goal is for you to obtain compensation for pain, suffering, medical bills, property damage, lost wages, and other damages
  • Settlement or Trial: In most cases, parties will settle before a trial is complete.  The complexity of these cases and the cost of litigation encourage parties to resolve their differences. Depending on the number of defendants, several may provide you with compensation

No matter how complicated or difficult your case may be, Satterley & Kelley, PLLC attorneys will put in the work and fight for the best outcome possible for your claim.

What are Insurance Issues in These Accidents?

A multi-car accident with a commercial truck can lead to many insurance issues due to the complexity of determining fault, the number of parties involved, and the extent of damages. Here are some of the more common insurance issues, which will vary on the facts, the coverages involved, and how the carriers may handle them:

  • Determining Fault: Insurance companies need to determine the percentage of fault for each driver and other parties involved. This process often includes a detailed investigation, witness statements, and expert analysis
  • Multiple Claims: There will likely be several insurance claims involving numerous vehicles involved in a crash. Coordinating and processing these claims can be a time-consuming and complex task, especially when liability is disputed
  • Insurance Coverage Limits: Insurance policies are contracts where the company provides coverage, and the insured pays premiums in exchange. Part of the contract is the carrier will only pay so much (the limit) if the insured is liable. If a party involved has insufficient coverage to compensate others for their damages fully, it can lead to disputes and complications
  • Uninsured or Underinsured Motorists: In multi-car accidents, there’s a higher likelihood one of the drivers will be uninsured or underinsured. This can complicate the process of seeking compensation, and you may need to rely on your uninsured/underinsured motorist coverage
  • Medical Payments Coverage: Determining how medical expenses will be covered by whom is a critical part of the process. If you are severely, permanently injured, your medical expenses will be substantial, and you may need years of treatment and rehabilitation services
  • Subrogation: This is the process where an insurance company may seek reimbursement for claims they paid from the at-fault party’s insurance. Not only may multiple injured parties engage in litigation, their insurance companies may sue each other, seeking to have their costs covered
  • Coordinating Benefits: There may be coordination of benefits issues when multiple insurance policies and carriers are involved. Determining which policy takes precedence and how they work together can be complicated

One of the main benefits of retaining a Satterley & Kelley, PLLC, attorney after an injury is that we, not you, deal with all these issues. We handle all the insurance companies, your claims against them, and will work on the legal issues involved.

Your attorney will get their hands dirty with whatever issues the insurance companies come up with while you focus on recovery and your family. These aren’t your problems because we will handle them.

Speak To a Kentucky Truck Accident Lawyer Today

If you have been injured in a collision involving a commercial truck or vehicle, we are a law firm you can trust. Put boots on the ground with help from Satterley & Kelley PLLC.

To schedule a free initial consultation at our Louisville office, call us at 855-385-9532 or complete our contact form today.