Why Do Houses Explode?

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House explosions can kill and injure those inside and outside the structure. What happened is unique in each case, but investigators often follow the same approach to develop a cause. Without knowing the cause, it’s difficult to start legal claims over who’s responsible.

A Cleveland Plains Dealer article about a January 2016 house explosion southeast of Cleveland illustrates the issues investigators face.

Suburban Home Explodes

The home was where Cynthia and Jeffrey Mather lived with their two daughters. Dispatchers got a call about an explosion, and firefighters got to the scene less than ten minutes later. The roof on the 2,400-square-foot house was missing. The house was engulfed in fire, and all the members of the Mather family were dead.

From 2007 to 2011, about 51,600 fires started with the ignition of flammable gas. One fire investigator, Richard Meier, claimed to have seen houses blown to pieces the size of toothpicks.

Meier worked for a private investigative agency hired by the local fire department to determine the cause of the explosion and fire. He recently worked on cases involving exploding houses in Detroit, similar to the one at the Mather home.

Most Explosions are Caused by Natural Gas or Propane

Most of them start with fuel gas, such as propane or natural gas. If it leaks into a house, the gas may build up. How quickly that happens varies, but after the air and fuel mixture reaches a certain point, a small spark can ignite the gas and cause the explosion. The energy needed to set off the explosion could come from any electric source and can be one-sixteenth of the energy of a lit cigarette lighter.

Investigators will look at burn patterns to see the location of the ignition source, but where the fuel came from is more important. They also try to determine how much fuel was in the house by looking at the fire pattern.

If there was a lot of gas in the air, there may be more than one explosion. As windows and walls collapse, there’s a burst of additional air, reigniting remaining fuel. If the ratio of air to fuel is about even, the explosion may completely destroy a structure in one blast. When investigators understand how much gas was involved, they can estimate when the leak started.

A fire following an explosion can destroy critical evidence of the cause. The damage may hide a leaky gas pipe or appliance if a secondary fire burns long. A fire quickly put out may leave clues as to what happened and why. The fire at the Mather home was extinguished in about 30 minutes.

Did the Gas Come from Inside or Outside the House?

The house was constructed in 1994 and was connected to a natural gas line. Meier said the chances of gas coming from outside were low because the house was relatively new.

An outside gas leak could happen during the winter when the top layer of soil is frozen. Gas can travel through the utility ditch, where the soil is less firm, and seep into a basement, crawl spaces, and between walls.

The Mathers were at home at the time of the explosion. When someone smells leaking gas, there should be enough time to shut off the gas or leave the building and call for help. However, the chemicals used to create the smell could be scrubbed away by frozen ground or rusty pipes.

Most, but not all, house explosions are caused by some kind of gas, but it could be something else. How powerful the explosion, measured by the energy released, is a clue to the cause, which may be intentional and caused by explosives.

The Explosion’s Unexpected Cause

As it turns out, lit gasoline started the fire, according to News 5 Cleveland. About two months after the Plains Dealer article, the county medical examiner ruled the family died in a murder-suicide.

Jeffrey Mather attempted suicide a month before the explosion and told police he had severe, untreated depression. A gas can was found by his remains. A gas leak may have been intentionally started before the fire was set.

An autopsy found that Cynthia Mather overdosed on Prozac, though it was unknown if she voluntarily took the pills or was forced to by her husband. Given the lack of smoke in the daughters’ lungs, it appeared they were unconscious or dead before the explosion.

Get The Legal Help You Need

If you’re injured in a gas explosion, or a family member was killed in one, you may be entitled to compensation for the harm you suffer. To speak with an experienced personal injury lawyer about your gas explosion claim, contact our Louisville law offices online or by telephone at 855-385-9532. We can discuss your case, how Kentucky law may apply, and how you should proceed.

Speeding Causes Accidents

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If you or a loved one are injured in a vehicle accident, there’s a good chance the other driver was speeding. Many Americans don’t take speed limits seriously, which has consequences. It puts people in hospitals and the family plot.

Speeding Accidents By the Numbers

Speeding accounted for nearly a third of all vehicle accident fatalities in 2021, according to the National Highway Traffic Safety Administration (NHTSA). Nationwide speeding-related fatalities went up 8% from 2020 to 2021, with 12,330 fatalities in 2021, or 29% of all traffic fatalities that year. The estimated number of those injured in speeding-related crashes increased by 7%. About a third of motorcyclists killed in crashes in 2021 were speeding.

Speeding is just part of the problem. Many drivers who speed are also impaired by substances, distracted, running red lights and stop signs, and weaving in and out of traffic.

The Kentucky State Police report that in 2022, there were 746 fatal vehicle collisions and 2,785 with a suspected serious injury. Of all the accidents the state police were aware of that year, 30.1% of accident-related tickets were issued for failing to keep the vehicle under control, 4.92% for driving too fast for conditions, and 15.19% for driving at an unsafe speed.

Why Speeding Causes Accidents

The slower the vehicle travels, the more control the driver has. The faster the vehicle moves, the more the laws of physics take over, and how a driver wants the vehicle to move and respond takes a back seat. You may break the rules of the road, but you can’t break the laws of physics.

You may want your pickup truck to negotiate a curve at 60 mph, but that may be impossible, given the truck’s mass and speed and the sharpness of the curve. You will run off the road, or the truck will flip over.

You may hit the brakes because you don’t want to rear-end the person in front of you when you’re on a highway going 80 mph, but if there’s not enough space between the vehicles for that to happen, you will hit them.

The faster you travel, the less time you have to react to conditions because you’re moving towards them faster. You may have plenty of time and distance to stop for a pedestrian crossing the street if you’re moving at 25 mph. But you may strike them if you’re going 50 mph because, by the time you see the person and hit the brakes, there’s not enough distance for your vehicle to stop.

Other factors make speeding more dangerous. If it’s dark, raining, or snowing, your ability to see what’s around you worsens. If the roads are wet or icy, you’ll lose traction, and stopping distances will be longer. If you’re under the influence of alcohol or drugs, your perception and judgment can worsen.

Speeding makes accidents more likely, and injuries caused by speeding drivers can be more serious. As a vehicle goes faster, it will deliver more force into whatever it strikes. If that’s another vehicle with occupants, the energy released will be far more if the vehicle was moving at 50 mph instead of 25.

Speeding Has Consequences

That spectacular crash on a bridge in Louisville that got the nation’s attention earlier this year? It was caused by a speeding pickup truck.

The driver is under arrest and charged with causing a four-vehicle crash on the George Rogers Clark Memorial Bridge that sent a tractor-trailer through a guard rail, where it dangled over the Ohio River, reports the Associated Press.

Trevor Branham of Jeffersonville, Indiana, faces four counts of wanton endangerment and one of operating on a suspended license after the well-publicized accident on the bridge between Kentucky and Indiana on March 1. A Louisville firefighter rappelled from the bridge to rescue the truck driver as the cab dangled over the river

Witnesses informed police the pickup driver was speeding and weaving through traffic when he struck a stalled vehicle, went into opposing traffic, hit another car and the tractor-trailer, which partially went off the bridge.

Talk To a Satterley & Kelley Personal Injury Attorney Today

If you’re injured in an accident caused by another driver’s speeding, Satterley & Kelley, PLLC lawyers can protect your interests and legal rights to compensation for the harm you suffer.

Call our Louisville office at 855-385-9532 to schedule a free initial consultation so we can talk about your accident, injuries, and legal options. If it’s more convenient, you can complete our contact form.

Asbestos Fibers Can Cause Cancer of the Larynx

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Key Takeaways:

  • Asbestos exposure has been linked to laryngeal cancer, which affects the voice box.
  • Inhaling or swallowing asbestos fibers can cause long-term damage that leads to cancer decades later.
  • People diagnosed with asbestos-related cancer (including larynx cancer) may be entitled to compensation.

Asbestos causes harm wherever it goes, including the larynx or voice box.

Cancer of the larynx, or laryngeal cancer, can start when you inhale or swallow asbestos fibers that lodge in the larynx. If you’re diagnosed with this cancer and were exposed to asbestos in the past, you may be entitled to compensation for the harm you suffer.

How Asbestos Exposure Can Affect the Larynx

The larynx is part of the body’s respiratory system. It’s a hollow tube that lets air pass from your throat to your trachea to your lungs. Your larynx enables you to make sounds, talk, and sing.

Asbestos is a mineral fiber that was widely used in thousands of products due to its strength and its resistance to heat, fire, electricity, and corrosion.

When asbestos fibers are inhaled or swallowed, they can lodge in the body and remain there for decades, causing inflammation and increasing the risk of cancer. Because the larynx sits in the throat where air and swallowed particles pass, asbestos fibers can become trapped in the area, which increases the risk of laryngeal cancer over time.

How Asbestos Exposure Can Lead to Laryngeal Cancer

Asbestos fibers are incredibly light, so they can float in the air for a long time after an asbestos product is installed, disturbed, or removed. Anyone in the area may ingest, inhale, or swallow them. Because they’re so strong and durable, fibers can remain in a person’s body for the rest of their life.

Over time, the immune system will try and fail to destroy the fibers, resulting in scar tissue and inflammation. Over years or decades, the surrounding tissue can mutate and become malignant. Asbestos causes many types of cancer, including mesotheliomas as well as cancers of the throat and larynx.

What Exactly is Laryngeal Cancer?

Cancer affecting your larynx occurs after cells in it reproduce uncontrollably. As these cells multiply, they invade healthy tissues and harm your body, reports the Cleveland Clinic. Laryngeal cancer can form in the three main parts of the larynx:

  • Supraglottis (upper part): Slightly more than a third of three laryngeal cancers (35%) develop here
  • Glottis (middle part): This is where your vocal cords are located, and more than half (60%) of these cancers start here
  • Subglottis (lower part): About 5% of laryngeal cancers begin here

About 12,500 cases of laryngeal cancer are diagnosed in the US annually, and it kills about 4,000 people annually. Asbestos-related laryngeal cancer is more likely to occur if you are heavily exposed to asbestos. Smoking tobacco and excessively drinking alcohol are also risk factors, according to the National Library of Medicine.

How is Laryngeal Cancer Treated?

The following treatment types are considered standard for laryngeal cancer, according to the National Cancer Institute. Standard treatments include:

  • Radiation: This uses high-energy X-rays or other radiation types to kill or prevent cancer cells from growing. This approach may work better in those who stopped smoking before starting treatment
  • Surgery: This involves physically removing the cancer and the surrounding tissues. There are different approaches where part or all of the larynx may be surgically taken out. Depending on the surgery, you may be unable to speak afterward. Radiation or chemotherapy may follow surgery to try to ensure cancer cells have been removed or killed
  • Chemotherapy: Drugs are used to kill cancer cells or to prevent them from dividing. They may be injected into a vein or taken orally.
  • Immunotherapy: This treatment involves restoring, boosting, or directing the patient’s immune system to fight the cancer. Substances made in the body or a laboratory are used

Which treatment is best for you depends on the following:

  • The disease’s stage
  • The tumor’s size and location
  • The desire to maintain your ability to eat, talk, and breathe as normally as possible
  • Whether the cancer has recurred or returned

After diagnosis, you should discuss with your oncologist which treatment approach offers you the best chances of success with the least side effects.

Legal Options for Laryngeal Cancer Caused by Asbestos Exposure

People diagnosed with cancer of the larynx may have the right to seek compensation. In many cases, exposure happened at work in industries where asbestos-containing products were used without proper warnings or safety protections.

Since asbestos-related diseases can take decades to develop, people aren’t typically diagnosed until long after the exposure occurred.

Legal claims can help you recover damages for medical expenses, lost income, pain and suffering, and other losses related to the illness. Depending on the circumstances, compensation may come from a lawsuit, workers’ compensation claim, or an asbestos trust fund set up by companies that used asbestos products.

Family members may also be able to seek compensation on behalf of a loved one who passed away from larynx cancer due to asbestos exposure.

Call Us Today for A Free Consultation

If you have laryngeal cancer or another asbestos-related illness you may be entitled to compensation. To discuss your situation and how Satterley & Kelley, PLLC can help, call our Louisville office locally at 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form to schedule a free initial consultation.compensation. To discuss your situation and how Satterley & Kelley, PLLC can help, call 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 Drowsy Driving

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Our lack of sleep impacts us in many ways, including our ability to drive safely. If you’re injured in a vehicle accident, it may be because the other driver is chronically sleep-deprived and trying to live their stressed lives on five hours of sleep a night. Unhealthy habits catch up to us in many ways, including nodding off behind the wheel.

How Many of Us Aren’t Getting Enough Sleep?

Sufficient sleep is a critical factor to our health, and many Americans are not getting it, making them less capable of performing complex tasks like driving safely. The National Council on Aging Reports:

  • The recommended amount of sleep for adults older than 18 years is at least seven hours per night
  • 35.5% of American adults report sleeping less than seven hours in a 24-hour period. That translates to about 91 million people
  • 50 to 70 million Americans may have sleep disorders
  • About 10% of adults have insomnia (a chronic or short-term inability to fall or stay asleep) severe enough to cause daytime consequences
  • Nearly 40% of adults report they accidentally fall asleep during the day
  • An estimated 39.3% of Kentucky adults aren’t getting the recommended sleep. The best sleepers are in Maine (32.7% getting insufficient sleep), and the worst are in Hawaii (45.6%)

The causes could be voluntary behavior that unintentionally deprives us of sleep, personal obligations, work hours, or health problems, according to the American Academy of Sleep Medicine.

How Does Lack of Sleep Impact Our Driving Abilities?

The National Sleep Foundation states that:

  • Sleepiness is a factor in an estimated 21% of all fatal motor vehicle crashes and 13% of accidents causing someone to be hospitalized
  • Lack of sleep is an issue in more than 300,000 police-reported crashes, more than 100,000 related injuries, and as many as 6,400 deaths in the US annually
  • Adolescents and those aged 16-24 account for about 20% of these crashes

The National Institute for Occupational Safety and Health reports that:

  • Those sleeping six to seven hours nightly are twice as likely to suffer a sleep-related crash as those sleeping eight or more hours. Sleeping less than five hours increases the risk four to five times
  • The American Nurses Association 2011 Health & Safety Survey found that 10% of nurses reported they were involved in a vehicle accident they believe was due to shift work fatigue
  • One survey found that nearly 5% of drivers in 12 states admitted to falling asleep while driving in the previous month

Drivers’ reaction times, awareness of hazards, and ability to sustain attention all decline as a driver becomes more tired, according to the National Safety Council. If you stay awake for more than 20 hours, your impairment may be as severe as someone who could be arrested for driving while intoxicated.

One reason why sleep-deprived drivers are dangerous is they may not realize how poorly they’re driving. They may also experience micro-sleep, a short and involuntary period of inattention. If you’re asleep for four or five seconds at highway speed, you’ll travel the length of a football field with your eyes closed.

Are Early High School Schedules Causing Accidents?

A study published in the Journal of Clinical Sleep Medicine found that later high school start times lead to a significant drop in vehicle crashes with teen drivers, reports Science Daily. Many high school students, especially those in rural areas, drive to school instead of using buses.

Researchers compared adolescent drivers’ motor vehicle accident statistics in Fairfax County, Virginia, for two years before and after a 50-minute later school start time. After the new schedule started, the crash rate decreased from 31.63 to 29.59 accidents per 1,000 drivers. Teen crash rates stayed steady in the rest of the state, where school start times were unchanged.

Accidental injuries, including vehicle crashes, are the top cause of adolescent deaths in the US, according to study author Dr. Judith Owens, MPH, a Harvard Medical School professor of neurology and the director of sleep medicine at Boston Children’s Hospital. She states that “independent data sources” show students sleep more when school start times are delayed.

The analysis also found later school schedules resulted in fewer distraction-related accidents. “Teenagers who get more sleep are less likely to make poor decisions such as not wearing a seat belt or engaging in distracted driving,” Owens stated. “One of the potential mechanisms for this reduction in car crashes is a decrease in behaviors that are related to risk-taking.”

Speak To a Personal Injury Attorney Today

If you or a family member has been injured or killed by a driver who was asleep or too fatigued to drive safely, Satterley & Kelley PLLC attorneys can help you take legal action. We will be with you every step of the way, protect your best interests, and ensure you get the compensation you deserve.

Schedule a free initial consultation where you can discuss the details of your case by calling our Louisville office toll-free at 855-385-9532. You may also complete our contact form if it’s more convenient.

How Does Asbestos Cause Cancer?

Why Did It Take So Long for the US to Ban Asbestos?

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The federal Environmental Protection Agency (EPA) announced a partial ban on using chrysotile asbestos, the most common form of the mineral fiber still used in the US, in March. Given its dangers, which have been known for more than a century, and millions of Americans who have died after being exposed to it, why did the ban take so long?

More than 50 countries banned it before we did. It causes a long list of cancers, including mesothelioma, a rare cancer of the membranes that line the lungs and abdomen. Heavy asbestos exposure can also result in asbestosis, which gradually robs a person of their ability to breathe.

The total number of occupational deaths caused by asbestos during the 20th century may be on the order of 17 million, reports American Scientific, with another two million fatalities due to nonoccupational exposure.

The Federal Government Started Limiting Asbestos Products in the 1970s

Efforts to regulate and remove particular asbestos-containing products in the US started in the 1970s. The EPA’s efforts include the following:

  • 1973: A ban on spray-applied insulation and fireproofing
  • 1975: A ban on the installation of pipe and block insulation on boilers and hot water tanks if the material is pre-formed or wet-applied and friable after drying
  • 1978: A ban on spray-applied materials not previously banned
  • 1990: A ban on spray-on materials with more than 1% asbestos for buildings, structures, conduits, and pipes unless certain conditions were met
  • 2019: A ban on the reintroduction of discontinued asbestos products without the agency evaluating them and creating restrictions or prohibitions

In 1977, the Consumer Product Safety Commission banned using asbestos in wall patching compounds and artificial fireplace embers.

Starting in the 1960s, research about the health dangers of asbestos became publicized. It was not only government intervention that lessened the demand for asbestos products, but buyers started seeking alternative and presumably safer products.

Efforts to Ban Asbestos Stop and Start Again for More Than 30 Years

The EPA tried to ban asbestos in general in 1989. Two years later, a federal appellate court ruling struck down that ban and weakened the agency’s ability to do so through the Toxic Substances Control Act (TSCA). The fate of the current partial ban isn’t certain because it’s also the subject of a legal challenge.

National Geographic reports that the 1991 decision was a reason Congress amended the TSCA in 2016 with the intent that an asbestos ban would survive another court challenge. On one side, companies wanting to continue to profit from asbestos, despite the sicknesses and deaths it causes, are suing to maintain their use, while on the other hand, the ban’s critics claim it doesn’t go far enough.

The chemical industry’s legal and lobbying efforts have slowed the most recent efforts to phase out the country’s asbestos use. Another issue is changes at the White House, where one administration may try to ban asbestos while the next will reverse course.

The New Rule is a Partial, Not a Total Ban on Asbestos Use

The ban doesn’t cover all forms of asbestos and it’s focused on banning gaskets and diaphragms with asbestos that are used to produce about a third of chlorine used in US water treatment plants. It’s piecemeal, not a comprehensive approach that other countries have taken.

A ban on asbestos use in oilfield brake blocks, aftermarket vehicle brakes and linings, and other gaskets will go into effect in September, barring a successful legal challenge, according to NBC News. A ban on sheet gaskets with asbestos will go into effect in two years, but there’s an exception for those used to produce titanium dioxide and process nuclear material, which would be banned in five years.

The US Department of Energy’s Savannah River Site in South Carolina will be able to use asbestos-containing sheet gaskets until 2037. The facility works to dispose of nuclear materials safely.

Call Us Today For A Free Consultation

Those with mesothelioma or other asbestos-related illnesses may be entitled to compensation. To discuss your situation and how Satterley & Kelley, PLLC can help, call our Louisville office toll-free at 855-385-9532. You may also complete our contact form to schedule a free initial consultation.

Railroad Workers and FELA Claims

Railroad Found Responsible for Deaths Related to Asbestos-Containing Vermiculite It Shipped

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A jury in federal court in Montana found that Burlington Northern and Santa Fe (BNSF) Railway contributed to the deaths of two people. The jury decided they were exposed to asbestos many years ago when BNSF shipped vermiculite tainted with asbestos through Libby, Montana, where thousands have been sickened.

On April 22, the jury awarded $4 million each to the plaintiffs’ estates. Joyce Walder and Thomas Wells died of mesothelioma in 2020. Jurors ruled that the asbestos-contaminated vermiculite that spilled in the defendant’s rail yard in Libby was a substantial factor in their illnesses and deaths, reports the Associated Press. The jury didn’t find that BNSF acted with indifference or intentionally, so there was no punitive damage award.

Another trial against the railroad due to the death of another Libby resident is scheduled to begin in May in federal court in Missoula. The Libby plaintiffs claim BNSF knew the vermiculite was dangerous but failed to protect residents from it. The plaintiffs didn’t work at the mine or for BNSF but lived in the area when the mine operated.

Vermiculite’s Toxic Legacy in Libby, Montana

The W.R. Grace & Co. purchased the vermiculite mine in 1963, operating until it closed and stopped shipping vermiculite in 1990. The mine operated seven miles outside Libby from the 1920s until 1990. Warren Buffett’s Berkshire Hathaway Inc. bought BNSF in 2010.

Though operations shut down more than 40 years ago, given mesothelioma may take decades to develop,  healthy people in the area exposed to asbestos may develop this deadly disease in the future. Vermiculite was used as insulation and for other commercial purposes.

The federal Environmental Protection Agency came to Libby in 1999 after news reports of illnesses and deaths of mine workers and their family members. In 2009. the agency  declared the town the country’s first public health emergency under the federal Superfund cleanup program.

What Did BNSF Know About Vermiculite and Asbestos, and When Did They Know It?

The case in the federal civil court in Missoula is the first of many against BNSF to reach a trial over its Libby operations. The company is accused of contributing to the hundreds of deaths and thousands made ill by asbestos-containing vermiculite.

BNSF claims railroad employees didn’t know vermiculite was contaminated with asbestos. The company also used expert witnesses to testify that the deceased may have been exposed to asbestos elsewhere. The company argued federal law required it to ship the vermiculite and that W.R. Grace was obligated to inform it of health hazards, but its employees concealed this information from them.

Plaintiffs’ attorneys stated that BNSF should have known of vermiculite’s dangers because of the following:

  • W.R. Grace employees put signs on rail cars carrying vermiculite warning of potential health risks. Jurors saw an image of a warning label plaintiffs’ attorneys said was attached to rail cars as early as 1977. They warned that bodily harm could result after inhaling asbestos dust
  • An expert witness for the plaintiffs testified that BNSF and its predecessors sponsored geologic studies in the area, according to US News. They would’ve known as early as the 1920s that vermiculite mined near Libby had asbestos
  • In the 1930s, research disseminated by the Association of American Railroads showed the health hazards of asbestos exposure

W.R. Grace wasn’t a defendant at the trial. The company played a central role in Libby’s ecological and public health disaster and has paid significant settlements to victims. The judge repeatedly reminded the jury their focus was on BNSF, not W.R. Grace.

Federal prosecutors indicted W. R. Grace and some of its executives on criminal charges in 2005 over the vermiculite contamination in Libby. A jury acquitted them in a 2009 trial.

The pollution in Libby caused by the mining and transportation of vermiculite is still being cleaned up, mostly thanks to taxpayer dollars.

Call Us Today For A Free Initial Consultation

You may be entitled to compensation for your asbestos-related injuries if you are diagnosed with mesothelioma or another health condition caused by asbestos.

Call our Louisville office toll-free at 855-385-9532 or complete our online contact form for a free initial consultation concerning your case.

You Risk More than an Accident If You’re Involved in a Road Rage Incident

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We are a frustrated, angry society. We take it out on strangers on social media, the other team at sporting events, and other drivers. Road rage inspires highly aggressive driving, which spawns more aggressive driving by others upset or offended by them. Road rage has evolved over the years, and it’s more common that these incidents include not just middle fingers, bumpers, and horns but also guns.

What is Road Rage?

Road rage is the aggressive and sometimes violent behaviors shown by drivers. They can include intentionally striking another vehicle and verbal and physical assaults. Road rage spreads when one driver starts driving aggressively and dangerously, and another driver seeks to retaliate because of their actions.

What Causes Road Rage?

It may begin with a driver with high levels of stress and displaced anger. Youth and substance abuse may also be factors, according to Psychology Today. High-anger drivers engage in aggressive and hostile thinking while they speed, weave between lanes, tailgate, and run red lights. These drivers often aren’t just angry while driving, they’re angry all day. They’re also more likely to be male, impulsive, and anxious.

How Often Does Road Rage Involve Guns?

The number of people shot in road rage incidents increased more than 400%, from 92 to 481, from 2014 to 2023, according to Trace. Over that period, 3,095 people were shot, and 777 died of their wounds.

Gun-related road rage incidents have more than doubled in the past ten years, and the number of victims injured or killed by gunshots increased more than fivefold. Trace reports that there were 37 road rage incidents involving gunfire in Kentucky from 2014 to 2023.

Here are some recent news stories covering road rage incidents:

  • Greene County, Missouri, deputies are trying to find the driver of a truck accused of firing shots during a road rage incident in Springfield. Investigators reported that a pickup driver pulling an empty trailer became angry at a driver trying to pass him. The driver fired several shots which hit the vehicle, but there were no injuries, reports KYTV
  • A Louisville resident was hospitalized with several bullet wounds in his legs after a car crash in April in the city’s Cherokee Triangle neighborhood. Police reported that the incident may have started with a car and motorcycle accident. The drivers started arguing, and one shot the other, according to WAVE
  • A Murray, Kentucky, man was arrested at the Nashville Airport after a road rage incident. Law enforcement reports that after two motorists driving to the terminal tried to merge into a single lane, one became upset and showed a gun to the other, reports WKRN
  • A truck driver was murdered in March after a road rage incident in Caddo Parrish, Louisiana. Police report the truck driver and the driver of an SUV left their vehicles, the SUV driver pulled a gun, and the truck driver started to run when he was shot and killed, according to KSLA

How many people carry guns in their vehicles? No one knows for sure, but guns taken from vehicles are the largest source of stolen guns in the US, reports the New York Times.

How Can Road Rage Cause Accidents and Injuries?

Gunshot wounds are one risk of many.

Road rage often involves speeding, which carries a higher risk of a collision because there’s less time to react and a longer distance for the vehicle to stop. If the driver approaches an intersection, they may go too fast to stop for a red light or stop sign, crash into another vehicle, or strike a pedestrian. The higher the speed, the more likely a crash will cause more severe injuries because greater force is involved.

Someone driving aggressively may weave in and out of lanes, potentially sideswiping another vehicle. One accident on a busy roadway may start a chain reaction, resulting in multiple vehicles colliding.

How Can I Prevent Being Involved in a Road Rage Incident?

Whatever is going on in your life, push it aside and drive responsibly and safely. If you cause an accident, your life will be much more stressful. If the road rager cut you off, let it go.

Driving isn’t a video game. It’s real life. You don’t get points for catching up to the car, swearing at the driver, or cutting them off. If this happens, you’re the driver  with road rage, and if you cause an accident, you’re the villain, not the victim.

Speak To a Car Accident Attorney Today

Have you been seriously injured by road rage? If so, you may be entitled to compensation, and Satterley & Kelley PLLC can be your boots on the ground.

Call Satterley & Kelley PLLC to speak with a skilled personal injury lawyer today. Call our office in Louisville toll-free at 855-385-9532 or complete our contact form to get started.

Road Construction and Repair is a Dangerous and Sometimes Fatal Job

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We often encounter road work, whether it’s on a local road or a major interstate. We might think about how this may delay our trip or grow frustrated at the traffic jam in front of us. How many of us think about the safety of those doing the work?

We complain about how bad roads and highways are and about inconvenience when they’re repaired or expanded. We need road and highway repairs because these roadways help everyone who uses them.

Smooth, functional roads that aren’t packed with traffic get us where we want to go and make driving safer. A driver may swerve to avoid a pothole and hit another vehicle instead. As more vehicles pack into a limited space, it’s just a matter of time before a driver’s mistake causes a crash.

New and Better Roadways Come at a Price

For us to enjoy better roads, those working on them need to do their jobs, not spend time in hospitals or be killed by careless, speeding drivers.

Blake Barnes, a 22-year-old Transportation Cabinet worker, was killed in Hodgenville, Kentucky, in April while flagging traffic, reports WDKY. A man driving a van struck him in a work zone. Barnes is one of many killed or injured on road repair and construction sites.

Road construction workers were killed on the job during the first three months of the year in Alaska, Oklahoma, Mississippi, Texas, and North Carolina, USA Today reports. Six workers were killed a year ago when two cars traveling more than 100 miles an hour crashed into a construction site on the Baltimore Beltway in Maryland. Often, law enforcement members at the site are also killed or injured in these accidents.

From 2003 to 2020, 2,222 highway workers were killed in US highway work zones, for an average of 123 every year, according to the Bureau of Labor (BLS) statistics. The agency reports that from 2011 to 2020:

  • 73% of worker deaths (or 919 people) happened at road construction sites
  • 63% of these accidents (or 577 people) involved the victim being struck by a vehicle

USA Today reports that workers on foot being struck by vehicles made up 45.3% of deaths at road construction sites from 2017 to 2019. Other causes include accidents while workers are in vehicles, they’re struck by trucks and equipment involved in the construction work, falls, and electrocutions. In 2020, 857 people died in 774 work zone accidents. Most were motorists and passengers, with 117 construction workers killed.

How Can Drivers Make Worksites Safer?

We need to slow down because the higher our vehicle’s speed, the more difficult it is to control. It also takes longer to stop, and there’s less time to react to situations. Drivers should go the posted speed limit or slower if driving conditions aren’t ideal.

If there are multiple lanes in the area, safely get into the lane farthest from the work site before entering the work zone. Drivers should be very aware of what’s beside and in front of them to avoid colliding with another vehicle. If there’s a multiple-vehicle crash, at least one could hit construction workers.

How Can Contractors Make Worksites Safer?

The contractor in charge of the site must use common sense and comply with federal, state, and local safety rules. Some of the things a contractor must do are:

  • Properly train workers about job site safety
  • Establish a perimeter around the site
  • Make sure there are sufficient barriers between traffic and workers
  • Have a person on site who’s responsible for safety matters
  • Have law enforcement control traffic when flaggers aren’t enough
  • Ensure there is sufficient signage in the right places to warn drivers of the site, including lane closures and speed limits

Worksite injuries and deaths caused by traffic may result from multiple mistakes by the driver and the company responsible for the project. Both may be held accountable for their negligence.

What Rights Does the Injured Worker Have?

If you or a family member are injured or killed in one of these accidents, contact Satterley & Kelley PLLC because you may be entitled to compensation for the harm you suffer. These situations may be complex, factually and legally, depending on the situation, and we can start a thorough investigation to determine who did what to cause the accident.

Someone working on a road construction project could first turn to worker’s compensation benefits from their employer. If the worksite wasn’t adequately protected, or management committed negligence that played a role in the accident, and the injured worker was employed by a subcontractor (not the main contractor responsible for the site), the main contractor may be held at least partially responsible.

The motorist causing an accident that led to the injuries may also be liable. If the worker dies of their injuries, their next of kin may be able to file a wrongful death claim against the responsible parties.

Speak To a Car Accident Attorney Today

If you’re injured in a serious accident in Kentucky, we are your boots on the ground. Call Satterley & Kelley PLLC to talk to a skilled personal injury lawyer today. Call our Louisville office toll-free at 855-385-9532 or complete our contact form to get started.

Steps to Keep You Safer the Next Time You’re on Your Motorcycle

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As the temperatures rise, more Kentuckians will be on their motorcycles. If you ride one, you have a much greater risk of severe or fatal injuries than someone in a vehicle. Here is some advice to help you avoid an accident, but if you have one, lessen the injuries you suffer. They may also help you get as much compensation as possible from an insurance claim or lawsuit against the party causing your accident.

Compensation claims for injuries caused by accidents are based on negligence law. Kentucky has comparative negligence laws. Even if you’re partially to blame for the accident you can recover compensation, but your share of the blame will reduce it. That compensation can also be reduced if you made mistakes that worsened your injuries.

Insurance companies love blaming accident victims for their injuries. If you avoid negligent acts that could lead to an accident and take steps to be as safe as possible, you will simplify your case and maximize your recovery. Not being the safest or smartest motorcyclist won’t necessarily prevent recovery, but you’ll face obstacles that need not be in your way.

Never Ride While Impaired

Riding while impaired increases your chances of an accident. That impairment can be caused by the following:

  • Alcohol
  • Drugs, legal or illegal
  • Fatigue

You don’t need to be drunk, high, or falling asleep to be impaired. Just a single drink, one allergy pill, or missing a couple of hours of sleep may be enough (and they will be plenty if you have a combination of these issues). You risk being unable to perceive the dangers of your ride or respond to them effectively or quickly enough to keep you upright.

Always Wear a Helmet

Kentucky law requires you to use a helmet under limited circumstances. It’s mandatory if:

  • You’re younger than 21
  • Have an instruction permit
  • Have your motorcycle license for less than a year

If you fall into these categories and get into an accident without a helmet and suffer a head injury, the insurance company will argue that you broke the law and ran the risk, and their insured shouldn’t take the blame. Whether that’s a valid argument depends on the facts of the situation, but at the very least, expect a cut in the recovery you may have received otherwise.

Even if you need not wear a helmet under Kentucky law, failing to do so will hurt your injury claim. Just because doing something is legal doesn’t make it a good idea. Using a helmet reduces the risk of suffering head injuries, including those that may kill you, according to a 2008 medical journal article.

The fact something solid like a helmet on your head will offer more protection if it hits another vehicle, the pavement, or another hard object than riding without one is not rocket science. It’s common sense.

Head injuries can cause catastrophic brain damage that can shorten or severely limit your life. It may be the bulk of your injury compensation claim, and if you rode without a helmet, you may end up with a fraction of an award you would’ve received otherwise.

Always Ride Defensively

You must be aware of your surroundings at all times. That includes vehicles in your lane, oncoming traffic, bicyclists, pedestrians, and road conditions. You need to plan evasive action to prevent an accident or at least reduce your injuries if one happens.

Issues you should be aware of include:

  • Accidents involving vehicles turning into the path of motorcycles are common, so don’t assume a driver in the opposite lane approaching an intersection or driveway will stay there
  • Be wary of potholes, frost heaves, or spilled oil on the road, which could cause you to lose control
  • The faster you travel and the less light, the more difficult defensive driving becomes. You’ll have a harder time seeing possible threats and less time to react

Don’t let your guard down if you’re close to home. Many accidents happen when drivers near the end of their trip. They’re more relaxed in familiar territory and assume they’re safer than they are.

Speak To a Satterley & Kelley, PLLC Motorcycle Accident Lawyer Today

If you or a family member is injured in a Kentucky motorcycle accident, we want to hear from you because we can help you recover the full and fair compensation you deserve. Let us be your boots on the ground and guide you through the process.

If you want to speak with an experienced lawyer at our firm, contact our Louisville office to schedule a free initial consultation. Call us at 502-589-5600 or reach us online through our contact form.

First Responders Can Be Held Liable for Accidents They Cause

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Those driving police vehicles, fire trucks, and ambulances aren’t legally immune if their negligence causes an accident where someone is severely injured or killed. Depending on the circumstances, they may travel faster than the speed limit, but that doesn’t mean they can drive any way they want when responding to a call.

Police Can Be Liable for Accidents Caused by Negligent Suspect Pursuits

Police can be held liable for accidents caused by an officer chasing a suspect, according to the 2019 state Supreme Court in Gonzalez v. Johnson. That decision overruled a previous decision issued in 1952 (in Chambers v. Ideal Pure Milk Co.) when the court stated there was no liability for police for accidents that happen during a pursuit.

“We now overrule Chambers insofar as it holds an officer cannot be the proximate or legal cause of damage inflicted on a third party by a fleeing suspect. We adopt the…rule that will allow juries to determine whether a pursuing officer’s actions were a substantial factor in causing injury to a third party and apportion fault accordingly.”

The accident at issue happened in 2014. A Scott County sheriff’s vehicle chased suspected drug dealer Kennan McLaughlin’s car. He struck Luis Gonzalez’ vehicle head-on, killing him and severely injuring a passenger who died later. The suspect left the scene on foot and was later captured and convicted of manslaughter.

The Gonzalez family sued the sheriff’s office, and the Fayette Circuit Court dismissed the case due to the Chambers decision. They appealed, and the Supreme Court of Kentucky reversed its 67-year-old precedent.

According to the Gonzalez decision, the chase began under less-than-ideal conditions:

“…it had been raining, making the well-traveled road slippery. Further, the cruiser Deputy Johnson was using that evening was a K-9 unit, and K-9 Officer Hugo was in the back seat. The partition in the cruiser was unlocked, and the restless dog was able to poke his head through the partition into the front seat. Finally, while the lights on Deputy Johnson’s cruiser were functioning, the siren was not. Deputy Johnson claimed he did not realize the siren was broken until two miles into the pursuit. He testified that, though he knew pursuing a suspect without his siren violated (state statute) and the Scott Co. Sheriff Dept.’s practices, he continued the pursuit for about another mile.”

Johnson broke off the pursuit, but shortly afterward, McLaughlin lost control of his vehicle and struck Gonzalez’ vehicle.

The Court Cited Evolving Kentucky Laws as Showing a Need for a Change

The court in Chambers held a police officer’s actions could, as a legal matter, never be the proximate or legal cause of damages suffered by a third party struck by a fleeing suspect. The 1952 court didn’t cite any statutes and created Kentucky law with the decision.

The state Supreme Court in 1980 held that a jury could find a party liable for injuries if a defendant’s actions were “a substantial factor in bringing about the harm suffered by the plaintiff.” Four years later, the state adopted comparative fault, which permits a jury to impose liability on negligence suit parties in proportion to their fault.

The statute concerning police conduct when responding to an emergency states that the law, “does not relieve the driver of any emergency or public safety vehicle from the duty to drive with due regard for the safety of all persons and property upon the highway.” Another statute requires first responders to use warning lights “continuously during the period of the emergency” and the “continuous sounding of the vehicle’s siren, bell, or exhaust whistle…”

The court quoted the Tennessee’s Supreme Court as stating:

“…a police officer’s paramount duty is to protect the public. Unusual circumstances may make it reasonable to adopt a course of conduct which causes a high risk of harm to the public. However, such conduct is not justified unless the end itself is of sufficient social value. The general public has a significant interest in not being subjected to unreasonable risks of injury as the police carry out their duties.”

The court reversed the Gonzalez’ case’s dismissal and sent it back to the trial court to determine if evidence showed the sheriff’s department’s negligence led to Mr. Gonzalez’ death.

Speak To a Satterley & Kelley, PLLC Car Accident Lawyer Today

If a first responder’s negligent actions cause injuries to you or a loved one in a vehicle accident, you may be entitled to compensation for the harm you suffer. Satterley & Kelley PLLC lawyers can protect your interests and legal rights when pursuing an insurance claim or lawsuit.

Schedule a free initial consultation to discuss your accident by calling our Louisville office at 855-385-9532. If it’s more convenient, you may complete our contact form.