How Do Insurance Companies Calculate Their Settlement Offer?

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Insurance companies make money by managing risks, including the possibility that their insured will lose a lot of money if a personal injury lawsuit against them goes to trial. They must balance overspending on settling claims and being so cheap they force cases to trial that policyholders lose.

Satterley & Kelley, PLLC, have helped car accident victims with injury claims and lawsuits for decades. We have dealt with reasonable insurance companies and those who seem to go out of their way to make the process as painful as possible for our clients.

One of our clients’ most significant benefits is that we deal with the insurance company, not them. They focus on their recovery and getting their lives back together.

Insurance Basics

Insurance companies, for a fee (the premium), will, within limits and exclusions, assume the risk of unexpected losses or liabilities their policyholders may face. This contract is detailed in the insurance policy. It covers the terms, coverage limits, and process for filing claims.

If a covered loss happens, the policyholder or injured party submits a request or claim for coverage to the insurer company. It asks them to provide compensation and possibly a legal defense for the insured based on the policy’s terms.

The claim should be investigated. If it appears to be factual, something the policy covers, and the amount is within the policy limits, the insurer is legally obligated to cover it. Insurers must comply with policy language, state statutes, and court decisions interpreting them. Failing to do so can result in severe penalties and legal action.

Just because an insurance company finds a claim is legitimate, it falls within the policy, and coverage isn’t beyond the policy’s limits doesn’t mean the company’s obligated to give the injured party anything it wants to resolve the claim. It can balance the interests of resolving a claim while not draining its resources.

What’s Covered by a Claim?

If you’re injured because of the insured’s negligence, their insurance company should compensate you for different types of losses:

  • Medical care and expenses, including hospital bills, medications, surgeries, physical therapy, and follow-up care. Any psychological help you need should also be covered
  • If your injuries stop you from working or result in lost time due to treatment, you should be covered for this lost income and benefits. If those losses will continue, you should be paid for your expected lost pay and benefits
  • If your injuries cause long-term physical impairments or visible scars, you should be compensated for these effects
  • Pain and suffering, including stress, depression, embarrassment, negative impacts on relationships, emotional and physical distress you endure should be compensated
  • You should be paid for personal property damaged or destroyed in the accident, including the cost of vehicle repairs or the value of your vehicle if those repairs would cost more than what the car is worth

Losses are unique to each accident and they must be documented before they’ll be considered.

What is a Claim Settlement?

A settlement is an agreement between the claimant and the insurer on the compensation needed to end the dispute and prevent the claim from becoming a lawsuit or a lawsuit from proceeding. Both sides have some leverage over each other, and neither side settles a claim out of the goodness of their hearts. This is a business transaction.

Insurers must manage their financial exposure. Like any business, they want to balance their income and expenses so they get the return on investment they seek. Minimizing claim payouts is one way to control their costs, while claimants want maximum compensation.

When the sides disagree over a claim, they normally find a middle ground through negotiation. If they can’t, a judge and jury usually decide if the defendant is liable and, if so, how much the injured party should be paid.

How Do Insurance Companies Calculate Damages?

Damages are the monetary value of your losses that can be compensated through an insurance claim or personal injury lawsuit. There are many formulas insurance companies use to calculate them, and they usually factor in the following:

  • They total your medical costs, known as “medical special damages” or just “specials”
  • To put a figure on pain, suffering, and other non-economic losses, the medical specials are multiplied by a number. If it’s a minor injury, it may range from 1.5 to 2. For more severe or chronic injuries, the multiplier could be as high as 10
  • Another multiplier considers the strength of the case and or the degree of wrongdoing by the insured
  • Lost income and property damage are added
  • Kentucky is a comparative negligence state. Your share of the fault can reduce your recovery for the accident. An insurance company will reduce compensation by how much they feel you’re to blame for the crash

These multipliers vary depending on the insurance company and their approach to claims. This formula is a starting point for negotiations, not the final settlement. The final compensation amount varies depending on negotiations and other factors.

We will understand your case’s settlement value and will do what’s necessary to get the insurer to offer a fair amount. If that doesn’t happen, going to trial may be an option, resulting in the insurance company improving its offer. Taking a case to a jury verdict involves risk. The plaintiff may not receive what they planned, or the insurer may be ordered to pay much more than anticipated.

Speak To a Satterley & Kelley Personal Injury Lawyer Today

If another party injured you due to their negligence, 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 discuss the accident and your injuries. If it’s more convenient, you can complete our contact form.

Drownings are Preventable Accidents

Drownings are Preventable Accidents That Can Disable and Kill

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If it’s hot, humid, and miserable, one way to get relief is to go swimming, whether that’s in a pool, pond, or lake. Swimming can bring back childhood memories but can also endanger your health and life if things go wrong. If you’re injured in a swimming accident or a family member drowns because of the negligence of another party, you may be entitled to compensation.

What is Drowning?

Drowning, according to the US Centers for Disease Control and Prevention (CDC), is experiencing respiratory impairment due to submersion or immersion in a liquid. It happens if your mouth and nose are under water for too long, and you can’t breathe.

Fatal drowning causes death. Nonfatal drowning occurs if you survive a drowning incident. You may end up without injuries or severe ones that permanently disable you, like the consequences of brain damage.

The CDC reports the following:

  • Drowning is the top cause of death for children ages one to four
  • It’s the second leading reason for deaths due to unintentional injury for children five to fourteen years old
  • It’s estimated there are more than 4,000 accidental drowning deaths in the US annually

Kentucky has a higher fatal drowning rate than average for the country. From 2018 to 2021, there were 1.35 to 1.57 drowning deaths per 100,000 population. The nationwide rates vary from 0.74 to 4.4.

How Does a Person Drown?

You may imagine drowning as a violent event where the victim splashes about and screams for help. The reality is it can be quiet and calm, according to University of Utah emergency physician Scott Youngquist, MD.

A well-trained lifeguard should notice signs of drowning, but a parent may not. Half of kids drown within 25 yards of a parent. About 10% of these drownings happen while a parent watches them, unaware of what’s happening. It appears the child is doing fine.

There can be thrashing and screams for help, but more quiet drownings occur, which aren’t recognized unless people there are trained. Behavior may be very quiet to virtually silent, but someone who’s watchful could see the problems and save the person. The following may occur before a person drowns:

  • The person often doesn’t kick their legs
  • Their face is near the top of the water
  • Their head tilts back
  • Their mouth is at water level
  • They’ll bob up and down and open their mouth
  • They may hyperventilate or gasp
  • They’ll be unable to scream because they don’t have enough energy
  • Their arms often extend out, and they’re used to bring them to the surface like they’re climbing invisible stairs
  • Their hair may be over their forehead and eyes, which is abnormal and a sign of trouble
  • Their eyes may be closed. If they’re open, they may have a glassy appearance, and the person seems to be staring into space
  • They may try to roll onto their back before trying to swim without success

Drowning is usually directly caused by exhaustion. Poor swimming skills, intoxication, and muscle cramps can contribute to the problem. Risk factors are extreme youth and age.

How Could Negligence Cause a Person to Drown?

Negligence is the legal theory that’s the foundation of most personal injury claims. To have a successful case, you need to prove the following:

  • There was a relationship between you (the plaintiff, the one filing the insurance claim or lawsuit) and the party responsible for the accident (the defendant)
  • Because of that relationship (customer or guest and business owner or host), the defendant owed you a legal duty or obligation of reasonable care (to make the pool or swim area reasonably safe)
  • That duty was breached by the fact they did something inappropriately or nothing at all in the situation, which was the factual or legal (or proximate) cause of the drowning
  • Due to that breach, under Kentucky law, the defendant owes you compensation for the harm you suffer (your brain damage due to the lack of oxygen or the death of your spouse or child)

That negligence could be:

  • Lack of proper supervision at a public pool, a private gathering, or a water park
  • Inadequate safety equipment, including fencing around pools, life-saving equipment, and ensuring water conditions are safe
  • Malfunctioning or improperly maintained equipment like pool drains or electrical wiring
  • Failing to post warnings of deep water or the absence of a lifeguard

If the accident happened at a business like a hotel or water park, you may have signed a waiver form that claims the company can’t be sued for injuries caused by negligence. That form may or may not be enforceable, so don’t assume you have no legal rights to compensation.

Speak To A Louisville Accident Attorney Near You

Whether a drowning occurred in Kentucky or out of state, we can be your boots on the ground if you or a family member were injured or killed. Call Satterley & Kelley PLLC to speak with a skilled personal injury lawyer at our Louisville office toll-free at 855-385-9532 or complete our online contact form to get started.

More US Children Are Killed by Negligence and Intentional Acts

More US Children Are Killed by Negligence and Intentional Acts Than Those in Other Countries

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Maybe the worst thing a parent could imagine is the sudden death of a child due to an accident or criminal act. It could be a life-shattering event that a parent may never fully recover from. These situations can be the basis of a wrongful death case filed by parents to hold responsible parties financially accountable for their acts.

Wrongful death cases can’t bring a child back to life. It might also force parents to re-live painful moments in their lives that leave them emotionally scarred. The point of these cases is to try, in a small and insufficient way, to make them whole by compensating them for the losses they suffer because of the death.

Depending on the facts of the case, a wrongful death case can expose reckless, uncaring, and possibly intentional acts by the party causing the death. If that can be proven, punitive damages could be awarded. They’re not meant as compensation but as financial punishment for the party involved to discourage them and others from taking similar actions.

American Children are Dying at Far Higher Rates Than in Other Developed Nations

Our children have a lesser chance of seeing their 20th birthday than they have in the past, according to new research recently discussed by NBC News. The US also has, by far, a higher child death rate than most wealthy developed nations. For example, an American child has about a three times greater risk of premature death than if they were born in Japan.

The study calculates the median death rates for children in 17 countries, including the US, from 1999 to 2019. Those countries outside the US include Canada, Japan, Australia, and 13 in Europe. Population numbers were factored in, and researchers made their conclusions.

One reason for the difference is our much higher infant mortality rate, with infants (especially those who are Black or Native American) accounting for more than half of the excess deaths. For kids older than a year, four factors drove the unexpectedly high US death rates, including:

  • Firearms
  • Suicide
  • Drugs
  • Car accidents

Though deaths caused by leukemia and congenital disabilities are decreasing, these causes are driving an increase. The US has more cars than most other countries, which rely on safer public transportation.

Another dramatic difference between us and other countries is our much higher rate of gun ownership. With more guns available, more children may suffer lethal gunshot wounds intentionally or accidentally. Firearms are a leading cause of death for American kids and teens. Most of them are killed in homicides.

Suicides are also increasing among teens and young adults. From 2007 to 2021, we saw a 62% increase in suicides for those aged 10 to 24. Online and in-person bullying and social media use may contribute to these increases. 

Drug deaths may be worse in the US than in other countries because the federal government is more permissive with prescription drug use, including highly toxic pain medications, than in other countries. US children may swallow pills they see out in the open because they don’t know any better or they’re older and want to experiment with drugs. If their parents use them, children and teens may see them as safe.

Negligent or Intentional Acts That Kill Children

Acts that could be the basis of a wrongful death lawsuit include:

If your child is a suicide victim or is killed by another, there must be a full investigation to determine why it happened and who may be responsible. Depending on the outcome, there may be grounds for a wrongful death lawsuit.

Consult with a Louisville Wrongful Death Lawyer

Satterley & Kelley PLLC attorneys will work diligently and sensitively to help you and your family recover the damages you deserve, helping to ease the financial burden during a painful time. If you’ve lost a loved one, we want to help you get justice.

To speak with a Satterley & Kelley lawyer in a free initial consultation, call 855-385-9532. If it’s more convenient, you may use our online contact form.

Burn Injuries May Leave You Disabled

Severe Burn Injuries May Leave You Disabled and Permanently Scarred

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Severe burns caused in an accident can result in extreme pain and leave you disfigured. You may need an extended hospital stay, ongoing treatments, and rehabilitation to get you back to normal functioning and work. If you suffer severe burns because of another party’s negligence, you may be entitled to compensation for what you endure.

Your burns were probably caused by direct exposure to fire, heat generated by fire, or electricity. You may have suffered them in a vehicle crash, a structure fire, or at work. You may also be dealing with smoke inhalation and other injuries caused by the accident.

Burns caused by fire or heat, known as thermal burns, happen when heat contacts the body’s surface, usually the skin, which suffers the most damage. These burns may penetrate below the skin and into muscle, fat, or bone, according to the Merck Manual.

How are Burns Classified?

Burns are categorized based on their depth and how much harm was caused. How deep the burn is described as superficial, partial thickness, or full thickness:

  • Superficial (first-degree) burns are the most shallow and only affect the skin’s top layer (epidermis)
  • Partial-thickness (second-degree) burns go into the skin’s middle layer (dermis)
  • Full-thickness (third-degree) burns involve all three skin layers (epidermis, dermis, and fat layer). Often nerve endings, hair follicles, and sweat glands are destroyed

Doctors estimate a burn’s extent by the percentage of the body with partial or full-thickness burns. Burns are also classified as minor, moderate, or severe. This is based on how well they’re expected to heal and the chances of complications, using the depth of the burn and how much of the body is affected.

What are Burn Symptoms?

Symptoms vary with the burn’s depth:

  • Superficial: Red skin, and the area is swollen and painful. The burned area may whiten when touched, but there are no blisters
  • Partial-thickness: The burns are red or pink, swollen, and painful. Within 24 hours blisters may develop and ooze a clear fluid. The burned area may whiten if touched
  • Full-thickness burns: They’re usually not painful because nerves sensing pain are destroyed. The skin can be leathery and could look bright red, white, or black. Hairs may be easily and painlessly pulled from their roots

Some symptoms may quickly develop, while others take more time to develop. 

What Complications Can Happen With Serious Burns?

Minor burns usually don’t cause complications. Deep partial and full-thickness burns swell, heal slowly, and cause scar tissue. It shrinks as it heals and may limit the movement of nearby joints.

Severe and some moderate burns may cause serious complications because of fluid loss and tissue damage. The more extensive and deeper the burn, the worse the problems may be. The following are some moderate to severe burn complications:

  • Dehydration
  • Shock may happen if the dehydration is severe
  • Chemical imbalances
  • Muscle tissue destruction (rhabdomyolysis) may happen if the burn is full-thickness. If this happens, proteins leaked into the blood may cause kidney damage
  • Infections, if spread through the bloodstream, can result in severe illness or death
  • Deep, full-thickness burns can cause crusty, thick surfaces (eschars) that may cover a limb or the chest and become so tight it cuts off the blood supply to healthy tissue or impair breathing
  • Severe pain may be the result of the burn or a side effect of a complication or  treatment

Complications will vary depending on the patient, who may also suffer other accident-related injuries and pre-existing medical conditions. 

What’s the Prognosis for Someone Severely Burned?

Some partial-thickness and superficial burns should heal within days or weeks without scarring. Small full-thickness and deep partial-thickness burns may take weeks to heal and commonly cause scarring that requires skin grafts. Burns covering more than 90% of the body, or more than 60% of an older person, are often fatal.

What Treatments Are Available for Serious Burns?

Hospitalization may be necessary to adequately care for burns. If they’re serious enough, the person may need to go to a specialized burn unit that is specially equipped and staffed to treat burns, their side effects, and complications.

Deep minor burns may require a skin graft (a piece of healthy skin from another part of the body, a dead person, or an animal) to replace burned skin that will not heal. Physical and occupational therapy may be required to avoid immobility due to scarring around the joints and to help the patient function if joint motion is restricted.

Severe, life-threatening burns need immediate care. Large amounts of intravenous fluids are given to those who are dehydrated, in shock, or whose burns cover a large area.

Eschars may be surgically cut open if they limit a limb’s blood supply or impair breathing. The burned area must be kept clean to prevent infections. Skin grafts would be used to cover burns that don’t heal.

Physical and occupational therapy will probably be needed to help the patient function more normally. Because of the long recovery time and disfigurement, many severe burn patients become depressed, which should be treated.

Can I Obtain Compensation for the Harm Burns Caused?

If your burns are the result of another party’s negligence, you may be able to obtain compensation for the financial, physical, mental, and emotional harm that it caused. Trying to accomplish this without legal representation could end your ability to hold someone accountable or substantially limit your recovery.

Talk To a Satterley & Kelley Personal Injury Attorney Today

If you’re seriously burned because of another’s negligence, Satterley & Kelley, PLLC lawyers can protect your interests and legal rights to compensate for your harm.

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.

Coping With an Amputation

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Severe motor vehicle accidents can result in amputations, which are life-changing events. Surgical techniques have improved, and accident victims may be able to return to nearly full function with the help of prosthetics and physical and occupational therapy.

What is an Amputation?

It’s the removal or loss of a body part such as a hand, foot, finger, toe, arm, or leg. It can happen during an accident (a traumatic amputation) or as a surgical procedure to prevent greater harm to the rest of the body.

A body part not torn off the body in an accident may be so injured that its use is severely limited or has come to an end. A surgical amputation may be the best option to prevent medical issues in the rest of the body and or to prepare for a prosthetic device that would act as an artificial replacement. You may be much more able by using a modern prosthetic than refusing an amputation and keeping a severely injured limb.

A traumatic amputation, depending on what body part is involved and how quickly paramedics arrive, can be fatal. A limb that’s severely crushed, cut, or torn off the body can result in severe and potentially fatal bleeding.

What Can Lead to an Amputation?

A motor vehicle could directly strike a pedestrian, bicyclist, or motorcyclist. That force may cause a traumatic amputation or so much harm a surgical amputation would result. The harm could also come from the victim coming off that vehicle and striking another, hitting the pavement, or something solid like a curb, telephone pole, or fire hydrant.

A passenger vehicle hit with enough force might partially collapse, cutting into or battering the body part. This is more likely in high-speed accidents when a car is struck by a full-size pickup or commercial truck.

How are Amputations Performed?

The surgical approach, according to Johns Hopkins Medicine, depends on the following:

  • The body part affected
  • The reason for the amputation
  • The extent of tissue and bone damage

When a finger is amputated, the surgery is intricate and involves the skin, nerves, and tendons. The surgeon will try maintaining the hand’s use and fine motor function. Removing an arm or leg is major surgery. The surgeon must handle and stabilize all the tissues involved, including bone, tendons, nerves, muscles, blood vessels, and skin.

The surgeon may cut through bone or detach a joint, separating bones where they meet. The operation may proceed in stages, and future surgery may be needed if there are problems with tissues breaking down, scarring, chronic pain, or other medical issues.

A surgical approach known as osseointegration may make it easier for some patients to use prosthetics. The body part is removed, and a steel implant is inserted into the leftover bone. A prosthetic is attached to the implanted steel rod. If a leg is amputated, the leg and hip bones absorb the person’s weight, not the soft tissue left behind. This allows standing and walking to feel more natural.

What are the Long-Term Side Effects of an Amputation?

Almost all people with amputations suffer phantom limb sensations and pain. The cause is poorly understood, but after amputation nerve connections in the brain and spinal cord “remember” the missing body part. They cause a compelling feeling that it’s still there or severe pain where the limb used to be.

The effects are also emotional and psychological. Post-traumatic stress disorder (PTSD) is more common in patients who have amputations due to accidents than those getting the procedure because of a chronic health condition, according to Physiopedia.

Body image, or a person’s psychological image of themselves, is disrupted by limb loss. Related problems can be anxiety, sexual impairment, and or dysfunction.

Other responses can be the following:

  • Denial
  • Anger
  • Depression
  • Refusing needed help
  • Hostility
  • Manipulating others
  • Risk-taking
  • Self-neglect
  • Dependence on others
  • Obsessiveness
  • Withdrawal

Ways to address these issues include getting psychological help and participating in group discussions with other amputees.

Talk To a Satterley & Kelley Personal Injury Attorney Today

If you’ve had an amputation due to a vehicle accident, the party responsible for it may be obligated to compensate you for all the harm you suffered, whether that’s financial, physical, or emotional. Satterley & Kelley, PLLC lawyers can protect your interests and legal rights by pursuing insurance claims or litigation against the parties causing your injuries.

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, complete our contact form.

Mesothelioma Lawsuits

Johnson & Johnson’s Libel Lawsuit Against Occupational Health Expert Dismissed

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Johnson & Johnson (J&J) is facing billions of dollars of potential liability due to claims its talc baby powder was contaminated by asbestos and caused ovarian cancer and mesothelioma. One way the company is trying to strike back is to sue an occupational expert whose research showed a link between powder use and mesothelioma for libel. A New Jersey federal court dismissed the case on July 1.

Defamation is a legal term for a damaging, false statement that injures a company’s or another person’s reputation or character. Libel is defamation in written form.

Dr. Jacqueline Moline, the chair of occupational medicine at Northwell Health, was sued by a J&J subsidiary, LTL Management. It was created to shield J&J from talc lawsuits as part of its so-far unsuccessful efforts to force case settlements in bankruptcy court. Moline published a paper that linked talc-based consumer products to mesothelioma, according to Reuters.

J&J is being sued by more than 61,000 plaintiffs who claim its talc-containing baby powder caused ovarian cancer or mesothelioma. The company has won and lost baby powder cases and has made a $6.48 billion proposal to resolve current and future lawsuits.

Federal Judge Finds No Wrongdoing

U.S. District Judge Georgette Castner dismissed the case because the court found Dr. Moline’s research was neither fraudulent nor libelous. LTL is also suing three other scientists who performed research on the relationship between cancer, talc powder, and asbestos. Their cases are ongoing.

The company claims its talc products are safe, aren’t contaminated with asbestos, and don’t cause cancer.

Judge Castner ruled that Dr. Moline didn’t engage in libel, fraud, or false advertising when she published her research in 2020. Moline’s conclusions were protected by free speech rights under the U.S. Constitution’s First Amendment, and J&J failed to show that her underlying research was “verifiably false.”

Plaintiff Alleges False Research Paper Harmed It

LTL’s lawsuit alleged:

  • Moline’s paper was false because it stated that 33 individuals with no known asbestos exposure other than talc product use were involved
  • J&J claimed she knew that at least five study participants were exposed to asbestos through cigarette filters and building materials
  • Moline “made a career” being paid to testify as an expert for plaintiffs’ lawyers in asbestos cases, appearing in more than 200 talc cases and testifying at 16 trials

Judge Castner stated in his decision:

  • Moline may not have been persuaded by evidence of other asbestos exposure if she knew about it
  • She indicated her research was “tentative scientific conclusions, not unequivocal statements of fact”
  • J&J had not established Moline made a “verifiably false statement” when she stated participants had “no known asbestos exposure other than cosmetic talcum powder”
  • She disclosed her expert witness work in her paper, listing it as a potential conflict of interest
  • Moline issued a correction after the paper’s publication to show one participant was exposed to asbestos from cigarette filters

Erik Haas, J&J’s global vice president of litigation, stated the company will appeal the ruling.

Asbestos Exposure

UK Man Sentenced to 16 Months in Jail for Illegal Asbestos Dumping

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Christopher Garrett is serving a 32-month sentence, half of it to be spent in jail, after he was convicted of dumping about 12,000 tons of construction and demolition waste, including asbestos, on a floodplain in Devon in southwestern England.

The Environment Agency stated Garrett, 64 years old, is considered the “worst offender” of this type of crime in Devon and Cornwall, given the quantity of asbestos involved. He was sentenced in July.

Garrett Ran a Private, Illegal Toxic Waste Dump

He pleaded guilty to running an unpermitted waste facility and disposing of asbestos in a way that was likely to harm human health or the environment. Garret was also ordered to pay more than £200,000 (about $258,000), according to Circular, a UK publication for resource and waste professionals, which was confiscated because it was considered proceeds from a crime.

Garrett repeatedly accepted waste onto his property despite a prior prosecution and multiple warnings from the area’s environment agency. At the sentencing, Judge Adkin stated the offenses were “industrial scale environmental contamination committed by an individual.”

Millions in Income for Thousands of Tons of Toxic Waste

Prosecutors stated that:

  • From July 2018 to May 2022, about 12,000 tons of controlled waste (construction and demolition waste) were dumped on land considered part of a floodplain at Garrett’s home, along the side of a highway. That’s the equivalent of about 1,500 truckloads of waste
  • He burned some of it and buried a large amount of asbestos-containing materials, creating a risk to human health and the environment
  • Garrett received hundreds of thousands of pounds to allow illegal dumping on his property. Remediation cost could be at least £2.5 million ($3.175 million). It’s estimated Garret made about £2.88 million ($3.6 million) more than those costs

Garrett received a two-year suspended prison sentence in 2016 for the same offense—allowing asbestos waste disposal at his site without a permit. Three years later, the Environment Agency learned he was doing it again, including during his suspended sentence.

Their officers visited the site several times, including one that required a police escort due to Garrett’s hostility. Garrett was prosecuted in 2022 for his behavior towards Environment Agency officers.

In May 2022, a search warrant was issued, and heavy machinery assisted in investigating and searching Garrett’s property. Bags of asbestos were found buried, and the site was covered with asbestos fibers. What will happen to the site has yet to be determined.

Call Us Today For A Free Consultation

If you have mesothelioma 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 toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.

Eating and drinking while driving

Why Do People Drive the Wrong Way?

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Driving the correct direction on a highway is a pretty basic thing that many people get wrong. They end up driving at highway speeds directly at other vehicles heading their way just as quickly. Drivers may have little or no time to get out of the way. How are these situations created?

Because of the speeds involved, wrong-way crashes often result in severe or fatal injuries to those involved. An Evansville woman was killed after she drove the wrong way on an interstate highway in Webster County in July. She struck an oncoming truck whose driver was uninjured, according to the Evansville Courier & Press.

AAA Calls Wrong Way Driving a Persistent and Devastating Threat That’s Getting Worse

The AAA Foundation for Traffic Safety reported in 2021 that wrong-way crashes cost 2,008 deaths on divided highways from 2015 to 2018 in the US. That comes to about 500 deaths a year, or almost ten a week.  That’s up 34% from 375 annual wrong-way crash deaths from 2010 to 2014.

Chances that you’ll drive the wrong way increase, according to AAA researchers, if you have the following characteristics:

  • Alcohol impairment
  • Advanced age
  • Driving without passengers

They considered eight factors that could lead to wrong-way driving on an interstate and found those issues were the most important.

Alcohol impairment is the most significant factor in most wrong-way driving crashes, reports the AAA. Drivers older than 70 are also at more risk than younger drivers. Those who are 75 to 79 are especially a problem. They spend less time on the road than younger drivers, but they’re a higher share of wrong-way drivers.

Nearly 87% of wrong-way drivers are alone in their vehicles. If a passenger is in the car, they may warn the driver and prevent them from starting to go the wrong way or help them out of the situation if they start driving against traffic.

AAA Foundation used data from the National Highway Transportation Safety Administration’s Fatality Analysis Reporting System to compare wrong-way drivers with those going the “right way” but involved in accidents.

The National Transportation Safety Board (NTSB) Finds Age and Intoxication the Leading Factors in Fatal Highway Wrong-Way Driving Accidents

The NTSB’s 2012 Special Investigation Report into divided highway wrong-way fatal crashes states the following:

  • Wrong-way collisions are relatively infrequent (they’re about 3% percent of highway accidents) but are much more likely to cause severe and fatal injuries
  • A Virginia study found the fatality rate for wrong-way crashes on divided highways is 27 times that of other accidents
  • A Michigan study estimates that 22% of wrong-way highway collisions were fatal, compared to 0.3% for all highway accidents in the same time frame

The NTSB found the following:

  • Among the 1,566 wrong-way drivers, 936 drivers (60%) had evidence of alcohol consumption
  • Of 1,150 whose blood alcohol content (BAC) was reported, 114 (10%) had BAC readings between what’s needed to be considered intoxicated to nearly twice that level (0.08% to 0.15%)
  • 684 drivers (59%) had a BAC measurement twice the legal level or higher
  • 9% of wrong-way drivers causing accidents were convicted of driving while intoxicated or impaired within three years before their wrong-way crash, compared to 3.2% for drivers causing accidents while traveling the correct way on a highway

For drivers in accidents while going the right way, only 6.5% showed signs of drinking alcohol. Younger drivers traveling the wrong way were much more likely to be intoxicated than those who were older.

Most wrong-way drivers were 20 to 50 years old. There were fewer wrong-way than right-way drivers, causing accidents for those younger than 70.

The opposite is true for those 70 and older. In this age group, the number of wrong-way drivers causing crashes far exceeds the number of those going the right way and causing collisions.

For those aged 70 to 79, there were nearly 2.5 times more wrong-way driver accidents and almost 30 times more for drivers older than 80. For every driver older than 80 causing a fatal accident while traveling in the correct direction on a divided highway, there were nearly 30 drivers that age starting deadly accidents going the wrong way.

The special report’s findings were based on information from accidents that happened from 2004 to 2009.

The report’s findings were based on 2004 through 2009 data on 1,566 fatal divided highway collisions (including those on entrance and exit ramps) involving vehicles heading the wrong way.

Speak To a Louisville Car Accident Attorney Near You

We are your boots on the ground if you or a family member were injured or killed in a Kentucky wrong-way accident. Call Satterley & Kelley PLLC to speak with a skilled personal injury lawyer at our Louisville office toll-free at 855-385-9532 or complete our online contact form to get started.

most dangerous state for teen drivers

Women are Safer Drivers Than Men

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Statistically, women are better drivers than men. Studies and statistics show men are more likely to cause accidents that result in injuries and deaths, even after accounting for the fact that more men drive. If truck driving was a female rather than male, dominated occupation, there might be fewer truck accidents and related injuries and deaths.

Are Men More Dangerous Drivers?

A study based on accident data in the United Kingdom found that male drivers of five of six vehicle types (bicycles, cars/taxis, buses, vans, motorcycles, and trucks) were more dangerous to others on the road.

In addition to being a higher risk to others, men are more likely to drive more dangerous vehicles. Male drivers of certain vehicles are far more likely to cause accidents per kilometer driven, including:

  • For vans and cars, men were twice as dangerous as women
  • For trucks, men were four times as dangerous
  • For motorcycles, men posed more than ten times the risk of an accident

Researchers stated hiring more women in male-dominated positions would make roads safer.

Researchers found that in England, taxis and cars were involved in two-thirds of fatal vehicle accidents. However, given the distance driven, trucks and buses caused five times more deaths.

An Association of British Insurers spokeman told CNN that they’ve known women are safer drivers for years:

“Road casualty statistics have long shown a big difference between men and women when it comes to safety on the roads…Men are far more likely to be killed or seriously injured on roads than women. This applies not just in the UK, but in the majority of countries.”

Under European Union rules, insurers can’t charge male drivers more for vehicle insurance even though they are more likely to make a claim on their policy. In the US, insurance rates can be based on sex, and they can be higher for male drivers because their overall driving causes more accidents. The younger the driver, the greater the rate difference between sexes, according to Nerdwallet.

The findings were reported in an article by Rachel Aldred of the University of Westminster’s School of Architecture and Cities. It was published in 2020 in the Injury Prevention journal. She used data from accidents in England from 2005 to 2015.

US Data Supports Conclusion Men Pose a Greater Risk of Vehicle Accidents

Far more men than women are killed annually in motor vehicle accidents, according to the Insurance Institute for Highway Safety, citing data from the federal Department of Transportation. They report the following:

  • Men drive more miles and are more likely to be involved in risky driving practices, including not wearing seat belts, being impaired by alcohol, and speeding
  • Accidents involving male drivers are often more severe than those with female drivers
  • For almost every year from 1975 to 2022, the number of male crash fatalities was more than twice the number of female accident deaths
  • Fatal accident rates are much higher for males than for females ages 16 to 29, but the gap shrinks with drivers 30 and older
  • From 1982 to 2022, the share of fatally injured drivers with blood alcohol concentrations at or higher than the legally allowed limit was substantially higher for men, though the difference has recently shrunk
  • During those years, speeding was cited for a higher percentage of fatal accidents involving men than women. The difference is highest among drivers 15 to 19 years old

The difference in fatal accident risk between males and females lessens when newer vehicles with improved restraint systems and crashworthiness are driven.

Why are Men More Dangerous Drivers?

Research published in January in PLOS ONE shows that more than 70% of vehicle accidents are caused by human behavior. Research consistently shows younger male drivers display more dangerous driving habits than young women.

Men tend to ignore traffic rules, engage in aggressive driving, and overlook safety practices like seatbelt use. Women generally use more caution, which may be associated with the fact that they mature psychologically faster than men.

Men drive more aggressively, according to a survey by the AAA Foundation for Traffic Safety. According to the findings, men are more likely to engage in the following:

  • Drive 15 miles per hour over the posted speed limit
  • Tailgate another vehicle
  • Prevent another vehicle from merging into a lane
  • Honk their horn or make a rude gesture towards another driver
  • Drive through a red light
  • Quickly weave in and out of lanes

Psychologists studying who engages in road rage and why find that young men are more likely to engage in dangerous and provocative driving aimed at others on the road. Crowded roads can boost drivers’ anger, which can be wrongly directed at others on the road instead of those truly causing it, reports the American Psychological Association. A highly stressful life and abusing alcohol and drugs also contribute to the problem.

Speak To a Louisville Car Accident Attorney Near You

Whether a male or female driver injures you, we can be your boots on the ground after a Kentucky car accident. Call Satterley & Kelley PLLC to speak with a skilled vehicle injury lawyer at our Louisville office toll-free at 855-385-9532 or complete our online contact form to get started.

Kentucky a dangerous state for teen drivers

Summertime Driving Dangers

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Summer is the time we’re supposed to relax, but that might not be a good idea when you drive. Every time of year poses potential driving risks, and the summer has its unique mix. The last thing you want to do before reaching your destination, whether an office, lake cabin, or shoreline, is get into an accident.

You no longer face icy roads or many hours of darkness, but Mercury Insurance brings up this season’s menu of driving risks.

School is Out

School has ended, so kids and teens won’t spend their days in school. Many will be walking, riding bikes, on motorcycles, and driving vehicles. This increases the number of people you may strike with your car and young drivers who may hit yours.

Teen drivers are inexperienced and more likely to take risks, like using a smartphone while driving or speeding, compared to older drivers. While using personal communications devices while using public roads is illegal in Kentucky, that doesn’t stop it from happening.

The Children’s Hospital of Philadelphia reports the following:

  • 7% of drivers 15 to 20 years old involved in fatal crashes in 2020 were reported as distracted, the largest share of any age group
  • 39% of high school students reported in 2019 that they texted or emailed while driving in the prior month
  • Those 18 to 24 years old who report using cell phones while driving also admit to speeding, ignoring red lights, and passing vehicles on the right
  • Generally, teens understand that talking on a cell phone, texting, or using social media apps while driving is unsafe, but often do it anyway

During the summer, kids and teens may illegally ride dirt bikes on the road at high speeds. They may get to where they’re going on bicycles or walk to see their friends. Drivers must be on the lookout for these potential dangers.

Traffic Congestion

It’s the time of year when people drive to vacation or see family or friends, especially during holiday weekends. Summer is also the traditional time for road and highway maintenance and repair. Gasoline prices are lower than in previous years, making road trips less expensive. If you add these issues to the daily traffic flow, you may find yourself in a traffic jam.

Traffic may not be bumper-to-bumper, but full roads and highways force drivers to drive slower. That usually makes driving safer, but it also causes problems that result in accidents, including the following:

  • Vehicles may overheat and break down, causing additional obstacles
  • Some drivers become impatient, tailgate, weave in and out of lanes, and speed ahead at every opportunity to try to make up for lost time
  • High heat, slow traffic, and inconsiderate drivers can be a recipe for road rage, which carries risks not only for accidents but shootings
  • Distracted, bored, or fatigued drivers in backed-up traffic may not notice that the vehicles in front of them are slowing or stopping, causing rear-end collisions

If you’re not used to driving in such conditions, it’s a skill set you need to work on.

Vehicle Maintenance or Lack Thereof

Improperly maintained vehicles traveling long distances in extreme weather are bound to break down. Something failing at highway speeds, like a worn tire, can lead to lost control and a catastrophic accident. Other problems may result in the vehicle slowly grinding to a halt at a time when there’s low or no light or rain and in a dangerous place like an off-ramp, intersection, or curve.

You must drive reasonably safely to try to avoid disabled vehicles and drive a reasonably safe vehicle so it won’t become a problem. You may be negligent if you know your car may break down at any minute because you’re not maintaining it but driving it anyway.

Regularly maintain your vehicle, and if you have any concerns about taking a long trip, have your mechanic examine it. If your vehicle needs repairs to keep it safe you must have it done. Discuss your options with your mechanic if you can’t afford to have work done.

Weather Considerations

Extreme heat may cause dehydration and drowsiness, so you may feel fatigued much earlier than at other times of the year. Drink water while you drive and pull over if you can’t focus as well as you should.

Driving on a sunny day without sunglasses may be negligence if you can’t fully see what’s happening and cause an accident. Summer can be a time of heavy, unexpected rain. You need effective windshield wipers and tires that can maintain traction on wet roads.

Now that it’s hotter, you may discover your vehicle’s air conditioning doesn’t work as well as it should. Although it’s safer to drive with a dysfunctional air conditioner than tires that are barely keeping up, being comfortable while driving can help you focus on driving.

Talk To a Satterley & Kelley Car Accident Attorney Today

If you’re injured in a vehicle accident caused by another driver’s negligence, Satterley & Kelley, PLLC attorneys can protect your rights and obtain the compensation you deserve for the harm you suffer.

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