Asbestos Exposure

Business Owner Who Knew Better Exposed Workers to Asbestos

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It may not be shocking that someone running a business may not have heard of asbestos or know its danger. You may be disappointed if they unknowingly do something stupid and expose others with the cancer-causing mineral fiber. But when a business owner repeatedly endangers others with asbestos, it’s a sign they may be cutting corners and risking their employees to save time and money.

In February, the Washington State Department of Labor & Industries (L&I) fined an unnamed U-Haul dealer in East Spokane $231,000 for knowingly exposing its employees to asbestos.

In 2019, U-Haul Co. of Washington bought a former K-Mart building and started renovations without testing the nearly 60-year-old building for asbestos.

Some Asbestos Tiles Removed Responsibly, Others Not

The Spokane Regional Clean Air Agency states almost 90,000 square feet of mastic and vinyl floor tiles at the site contained asbestos, which causes asbestosis, mesothelioma, and lung cancer. The agency fined and cited U-Haul and advised them on how to renovate the building safely.

The company coated some tiles with epoxy, and a certified asbestos company removed others, leaving about 7,400 square feet of asbestos-containing tiles.

Company mechanics told L&I inspectors that tiles started popping off the floor due to the weight of jack stands supporting vehicles above it. According to L&I, management told them to throw the tiles away in the trash, potentially endangering everyone who handled the site’s garbage.

Workers estimate they threw away 200-300 square feet of tiles before knowing they contained asbestos. Other workers used a torch, putty knives, and shovels to remove the tiles unsafely.

Same Thing, Different Place and Time

Workers lacked respirators or other personal protective equipment but used disposable gloves and safety glasses, which do nothing to prevent inhaling cancer-causing asbestos fibers. Management was aware of what was going on and encouraged it, according to L&I.

The citations and fines should have come as no surprise. In 2019, the same U-Haul business owner received citations and fines in California. Instead of hiring contractors to remove asbestos tiles safely, employees were told to use demolition equipment to remove asbestos-containing flooring at a former K-Mart building it purchased in Santa Barbara.

Call Us Today for A Free Consultation

Have you or a loved one been exposed to asbestos-containing floor tiles or mastics and been diagnosed with mesothelioma or another asbestos-related disease? If so, Satterley & Kelley mesothelioma attorneys can respond to your questions, discuss your rights to compensation, and what you should do to protect them.

Call our Louisville law office toll-free at 855-385-9532. You can also fill out our contact form to schedule a free case consultation.

Companies Still Violate Asbestos Laws

No Good Deed Goes Unpunished: Montana Asbestos Law May Change

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Some politicians can’t stand the sight of justice. They feel a need to get involved and make things more difficult, if not impossible, for those getting the compensation they deserve. Why let judges and juries decide outcomes when legislatures can choose for them? Montana is just one example.

We Couldn’t Allow Plaintiffs to Win, Could We?

Its House passed legislation in February could jeopardize hundreds of contamination and wrongful death lawsuits related to the Libby Asbestos Superfund Site, reports the Daily Inter Lake.

Several attorneys testified at a February House Judiciary Committee Hearing that three bills in the legislature would make it harder for citizens to sue large corporations, including BNSF Railway.

Anthony Nicastro, a Republican representing Billings, knows what it takes to make the company happy. He’s not just a member of the legislature and sponsoring all three bills, he’s an attorney who has represented the company. Cases he’s worked on include several involving potential liability for more than 3,000 asbestos-related deaths and illnesses in Northwest Montana.

Blaming a Bankrupt Company for Harm You Cause is Like Blaming a Corpse – You’ll Get No Argument from Them

BNSF rail cars transported asbestos-contaminated vermiculture from a mine owned by W.R. Grace (which is now bankrupt) to downtown Libby, exposing thousands of residents to cancer-causing asbestos fibers.

Last year, a federal jury found that BNSF contributed to two residents’ deaths and awarded their next of kin $4 million in compensatory damages. Hundreds more cases against the railway are pending so changes in the law could have a significant impact.

Because it no longer exists, W.R. Grace was not a party to last year’s trial. House Bill 303 would allow BNSF to blame W.R. Grace for the asbestos-caused disease and deaths, even though evidence at the trial showed BNSF was aware of asbestos’ dangers and failed to take sufficient precautions to protect town residents.

Plaintiffs’ attorneys state BNSF was found guilty not because of W.R. Grace, but because it maintained an abnormally dangerous condition on its property. The risks of having it were realized when residents became sickened and died due to the resulting asbestos exposure.

House Bill 302 would require a second trial for plaintiffs to receive punitive damages. House Bill 301 would create a two-year statute of limitation for property damage claims. All three bills passed the House.

Call Us Today for A Free Initial Consultation

You may be entitled to compensation 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.

Johnson & Johnson Files for Bankruptcy

Is Johnson & Johnson’s Bankruptcy Filing Fraudulent?

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Johnson & Johnson (J&J) is facing billions of dollars worth of lawsuits claiming its asbestos-contaminated baby powder caused cancer. The company denies it and is using bankruptcy law to try to impose a settlement on plaintiffs. A former head of the Food and Drug Administration (FDA) testified in February that contrary to what it stated in court filings, the company knew its products had asbestos fibers.

Attorneys Claim J&J Mislead Plaintiffs Who Voted for a Proposed Settlement

David Kessler, who led the FDA for more than six years, testified in a Houston bankruptcy court as a paid expert witness for those opposing J&J’s $9 billion settlement plan, Bloomberg reports. He said his review of evidence developed during more than 15 years of litigation after he left the FDA shows the company’s bankruptcy disclosures don’t accurately state what they knew for decades. If Judge Chris Lopez finds the filings are misleading, he could reject the plan.

Lopez will decide if J&J manipulated a vote by 93,000 claimants by providing them false information and whether the profitable company is trying to benefit from Chapter 11 rules meant to cover financially distressed businesses. J&J is being sued by plaintiffs claiming asbestos in the company’s baby powder caused their cancers.

J&J doesn’t deny its profitability. It states the bankruptcy process is the most efficient way to address these lawsuits. It also claims the vote was held fairly and impartially.

What Did J&J Know and When Did They Know It?

Kessler stated that internal company documents starting in 1971 “certainly showed” tests that found trace asbestos amounts in some talc intended for use in the powder.

J&J’s attorney, Alli Brown, stated the company denies being dishonest and never changed its position that its baby powder is safe and doesn’t contain asbestos. Kessler testified that the company tried to hide asbestos contamination for forty years.

J&J brought up that the FDA repeatedly concluded that the company’s talc powder products didn’t contain asbestos and never required the company to put a warning label on them. Kessler stated the agency found the product safe because the company hid its knowledge of asbestos contamination.

He testified that the FDA started taking action in 2019 after an internal 2017 J&J memo discussing asbestos became public. As a result, the FDA found contamination. Kessler stated that J&J based its safety claims on results from equipment that was not sensitive enough to find asbestos.

J&J’s two earlier attempts at bankruptcy were dismissed by the courts in which they were filed.  The company has lost appeals seeking to reinstate the bankruptcies.

Take Legal Action Now — Contact Our Firm

If you have mesothelioma or another type of cancer and used cosmetic talcum powder, you may be entitled to compensation for your lost wages, medical expenses, and pain suffering. Let us be your boots on the ground seeking maximum compensation for you and your family.

To set up a free initial consultation with an experienced lawyer at our firm, call our Louisville office at 502-589-5600 (toll-free at 855-385-9532) or contact us online.

LA Fire Asbestos Clean-Up: Thousands of Homes Done, Thousands More to Go

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Los Angeles saw multiple, massive fires in January, and the clean-up still has a long way to go. One major reason is the toxic material mixed in with the ash and wreckage, including cancer-causing asbestos fibers. Testing showed about half of the destroyed homes in one neighborhood, Altadena, are contaminated with asbestos.

The US Army Corps of Engineers reports 2,269 properties are clear of hazardous material, including asbestos, as of March 8, according to CBS Los Angeles. About 16,000 structures were destroyed in all the affected areas. 

About 31% of the structures tested positive for asbestos, but about half of those in Altadena tested positive for the cancer-causing fibers.  The Los Angeles County Department of Public Health issued a warning in February stating structures within 250 yards of the two fire sites might be contaminated with asbestos, heavy metals such as lead, and hazardous chemicals.

Army Corps Colonel Sonny Avichal, Eaton’s emergency field office commander, states certified asbestos contractors have performed asbestos testing during cleanup efforts. Asbestos abatement is done by hand before large-scale debris removal starts.

Call Us Today for A Free Consultation

We are your boots on the ground if you or someone you love suffers from mesothelioma or another asbestos-related illness in Kentucky. To reach our Louisville office, call toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.

Understanding Why Dogs Bite May Prevent You from Being Bitten

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If you own a dog or encounter one, even the happiest-looking dog could possibly bite you. Dog owners are liable when their dogs attack a person so they should get to know their dog well enough to only allow it in situations where the risk of it biting someone is low to non-existent. If a dog bite injures you, Satterley & Kelley, PLLC can help you obtain the compensation you deserve.

Each dog has a different threshold for the circumstances that will push them to resort to biting someone. Some dogs need support and attention more than others to prevent bites from happening, according to the American Kennel Club (AKC).

Why Do Dogs Bite?

A dog bite shouldn’t come out of the blue. From hips that don’t break the skin to a vicious, life-threatening mauling, there are many reasons a dog might feel biting is appropriate in the circumstances. Bite victims may not be paying attention or miss the warning signs a bite could happen. Most dogs will communicate their discomfort or anger before biting by snapping, barking, or growling. But there can be many reasons why a dog bites.

1. Fear

Most aggressive dog behavior is rooted in fear. They may fear something or someone getting close to them. If whatever the dog fears gets too close, dogs can go “over threshold” and may bite. The dog is trying to create distance between it and whatever or whoever they fear.

2. Surprise

A dog can bite if they feel startled, especially if they were asleep. They may be confused and disoriented about where they are and what is happening. These bites may take both the person and the dog by surprise. This can be more likely with older dogs who have weakened sight and/or hearing so they may be particularly confused if they are suddenly woken up. Be thoughtful when waking a sleeping dog, and teach your children to do the same.

3. Protecting/Guarding

If your dog doesn’t want to share something it thinks is valuable (toys or food), they may bite out of fear it’ll be taken away. They may be part of resource-guarding behavior. Some dogs have strong guarding tendencies and may bite if they perceive their home is being intruded upon or if someone in their family is in danger (correctly or not).

4. Frustration

Dogs can feel overwhelmed, which may cause biting. They may feel trapped in an uncomfortable or unpleasant situation and bite out of frustration. They may be held back by someone and prevented from reaching something they want and bit the person in response.

5. Pain

A sick or injured dog may feel overwhelmed, stressed, and scared. Even a normally friendly dog that’s injured or in pain may bite.

6. Play

Light biting or mouthing is a common way dogs explore the world and is a behavior that dogs will engage in when they play. People may not like it, but it’s something dogs do with each other.

7. There’s Something Wrong with Your Dog

It may not be a passing physical illness that makes your dog more dangerous. You or someone else may have abused it, and it’s defending itself in situations it perceives as potentially threatening. It may also have an extreme personality or mental illness.

Your dog may need a lot of training and help so it can live without biting others. Unfortunately, “curing” it of these behaviors may not be realistic, and the dog should be euthanized to protect others.

How Can I Reduce the Chances My Dog Will Bite Me or Someone Else?

Dogs are individuals. Not every dog will be comfortable in every situation. Be aware of your dog’s comfort level in different situations. Be proactive by removing your dog from situations before it feels it’s necessary to bite someone.

If your dog doesn’t do well with other animals or new people, reduce their exposure to them. If you know of someone who’s teased your dog in the past or harmed them, do your best to keep them away.

Your dog may get itself in trouble if it’s roaming, so always keep it under control and on a leash or restrained when at home. If it’s loose and lost it may become fearful of someone trying to help it and bite them.

Don’t Punish

Interesting advice from the AKC is that if your dog growls, snaps, or even bites you, you’ll probably punish this behavior. The AKC states this will confuse your dog and likely make the situation worse.

A growl or air snap without contact is your dog’s way to announce it’s extremely uncomfortable or feeling overwhelmed by a situation. When you punish your dog for growling and showing that discomfort, you may increase the risk of a future bite because the dog may feel you’re punishing its warning, not its aggression, and bite without warning next time.

Consult with a professional trainer to learn more about your dog and ways to help it live a less stressful life that will reduce its chances of biting someone. Most dogs have good sides. They can be great companions who will enrich your life, but they may also respond violently in some situations.

Speak To a Dog Bite Attorney About Your Case

The fact your dog is a loving part of your life is not an excuse to turn a blind eye to its dangerous tendencies. Under Kentucky law, the dog owner is liable for harm it does, no matter what a great pet it may be or if it attacked others in the past.

If you suffer a severe dog bite injury, call our Louisville office at 855-385-9532 because you may be entitled to compensation. You may also schedule your free initial consultation by completing our contact form.

It’s Illegal to Serve Drunk Customers. Why Do Bartenders Do It?

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In Kentucky and many other places, it’s illegal for someone licensed to sell alcohol and their employees to serve someone they know or reasonably should know is already intoxicated. But it frequently happens. A 2013 study included observing customers and interviewing bartenders who explained why they broke the law.

If you’re injured in an accident by someone who was intoxicated and served by a party with a liquor license under the state’s Dram Shop Act, you may be able to obtain compensation for your injuries.

Researchers Find Many Reasons Why Bartenders Break the Law

A team from the Norwegian Institute for Alcohol and Drug Research made 89 purchase attempts with pseudo-patrons to buy alcohol and later issued a report on their findings. The research team went to 24 bars and nightclubs in Oslo, Norway. They interviewed seven bartenders from the same establishments (but weren’t involved with the staged purchases).

Those pretending to be patrons behaved as if they were intoxicated. They were usually served without the bartender showing any effort to evaluate their potential intoxication. Researchers stated their general indifference to the law came down to three factors:

  • A working situation not suited for responsible serving
  • A drinking culture that collectively accepted intoxication
  • Opposition to Norway’s Alcohol Act (which makes serving intoxicated patrons illegal), which they see as too strict and poorly enforced

Bartenders blamed the fact they served intoxicated patrons on:

  • Hectic working conditions
  • A desire to keep a good atmosphere in the bar, which requires avoiding conflicts with drunk patrons

The premises showed there was a liberal drinking culture that accepts a high intoxication level. Researchers concluded, “Serving is the rule, and denial of service is the exception.” There were 32 observed test purchases. Only three of the apparently drunk customers were refused service.

Bartenders told researchers that Norway’s law was so strict that it was impossible to follow. They pointed out that working conditions were not suitable for responsibly serving customers. Researchers observed that bars could be so chaotic that it appeared impossible for a bartender to properly assess a customer’s sobriety or lack thereof.

Serving Drunk Patrons Prevents Confrontations

Someone drunk can become unpredictable and potentially violent. These bartenders generally didn’t see it that way. Stopping someone from drinking was seen as a greater risk than continuing it.

Bartenders confirmed researchers’ impressions and talked about widespread drunkenness, especially on weekends.  They emphasized the importance of maintaining a good atmosphere and wanted guests to have fun. In an atmosphere where intoxication is the norm, not serving a customer alcohol violates that norm.

Bartenders try to avoid confrontations because those refused service can become very angry and threaten them. Bartenders told them the following,

  • “It’s not easy to deal with drunken customers. I have experienced threats many times.”
  • “It can be much easier to give people one beer too many than to ask them to go home. This may be one reason why there is less refusal [of service] late at night, when the bartender is tired and cannot bear any more bickering.”

Bartenders stated serving drunk customers provided more predictable outcomes than refusing to serve them.

The End is Keeping Customers Happy. The Means is Serving Alcohol

When bartenders assess customers, they notice their inebriation and overall behavior. If they’re pleasant and happy but drunk, giving them another beer is typically not seen as a problem.

Bartenders confirmed high alcohol consumption occurs among guests and employees. There’s a drinking culture that values high levels of intoxication. Bartenders are surrounded by people who drink a lot and are part of the same culture. This affects their view of drunkenness and acceptance of heavy drinking.

This drunken culture makes over-serving intoxicated guests more common, and bartenders may not see serving inebriated customers as over-serving. Since being drunk is the norm, keeping the person drunk is part of the job.

Unfortunately, if an Intoxicated Patron  Gets Behind the Wheel, the Result Could be Deadly. Under Kentucky law, establishments that serve alcohol don’t have a valid excuse for knowingly overserving customers who injure someone as a result of being intoxicated. Keeping customers happy is not a legal excuse. Nor is avoiding a confrontation with a drunken patron. Drinking establishments have a duty to refrain from serving patrons who are clearly intoxicated, and even those whom they should know are intoxicated. Failing to satisfy this duty has deadly consequences and cannot be absolved because the bartender or server wants to avoid a conflict with a drunken passenger.

Thus, if you have been injured by a drunken driver, you should consult with an attorney immediately to discuss your rights. Our lawyers have decades of experience handling vehicle accident and dram shop claims. To set up a free initial consultation with an experienced lawyer at our firm, call our Louisville office at 502-589-5600 (toll-free at 855-385-9532) or contact us online.

The Dram Shop Act, Underage Drinkers, and Your Accident

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Many teens don’t wait until they’re 21 to start drinking alcohol. Sometimes, adults supply them with those drinks. They could be parents, or they work at stores or in bars. These adults may know these teens are underage and not care if they’re doing something wrong, or they may negligently serve or sell them alcohol.

These adults and the stores, bars, and restaurants where they work may pay you compensation if they provided alcohol to an underage drinker who caused a vehicle accident and your injuries.

Drinking and Driving are Common Among Those Younger Than 21

There are sobering statistics about underage drinking and driving from the federal Centers for Disease Control and Prevention. They state that alcohol is the drug most often abused by Americans younger than 21, Kentucky’s legal drinking age. A survey of high school students released in 2024 found that in the 30 days before responding to the questionnaire:

  • 22% admitted to drinking alcohol
  • 16% stated they were in a vehicle with a driver who had been drinking
  • 5% admitted they drove a car after drinking

Underage binge drinking has declined over the years, but it’s now more common among girls than boys.

Kentucky Dram Shop Law

The state’s Dram Shop Act covers situations where an entity licensed to sell alcohol provides drinks to someone who later drives drunk and injures someone. Under Kentucky law, if the customer is of legal age to drink, the party seeking compensation must show the licensee negligently served them:

  • They knew or should’ve known the person was intoxicated
  • They should’ve prevented them from drinking more but failed to do so

There’s no such complication if the person drinking alcohol and causing the crash was too young to drink legally. It’s illegal for a licensee to provide alcohol to someone younger than 21. The plaintiff (the injured person filing the lawsuit) should show the person wasn’t old enough to drink alcohol legally, they were served anyway, and they later caused the accident.

Kentucky Social Host Responsibility Law, or Lack Thereof

Some states have social host responsibility laws to cover situations where a host gives another person alcohol at their home or event, and they later cause an accident. Kentucky is not one of those states. Kentucky has no social host responsibility equivalent to the.

But the state makes it a crime, a misdemeanor, for someone who “…knowingly sells, gives, purchases or procures any alcoholic or malt beverage in any form to or for a minor.” A defense could be they didn’t know the person was underage. The statute states in part:

“The defendant may prove [as a defense] that the sale was induced by the use of false, fraudulent, or altered identification papers or other documents and that the appearance and character of the purchaser were such that his age could not have been ascertained by any other means and that the purchaser’s appearance and character indicated strongly that he was of legal age to purchase alcoholic beverages.”

If someone is found guilty of this and it involves an underage drinking driver who injures you in an accident, it could be the basis of a civil negligence claim for damages against the party providing the alcohol.

This could be a situation where negligence per se applies. This means someone violating a statute is presumed to be negligent if:

  • It’s intended to prevent the kind of harm that happened
  • The violation was a substantial factor in causing the accident

Negligence per se may apply in any situation where a law is broken, such as when a person driving recklessly or under the influence of drugs or alcohol causes a vehicle crash and injures you.

Speak To a Satterley & Kelley, PLLC Vehicle Accident Injury Lawyer Today

If you’re the victim of an accident caused by an underage driver impaired by alcohol or another substance, Satterley & Kelley PLLC lawyers can protect your interests and rights to compensation for your injuries and losses. Schedule a free initial consultation so we can discuss your case. Call our Louisville office at 855-385-9532 or complete our contact form if it’s more convenient.

Bile Duct Liver Cancer May Be Caused by Asbestos

UK Nurse Shows Asbestos Dangers to Healthcare Workers

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People with pleural mesothelioma need not have been exposed to high asbestos levels before their diagnosis. Their jobs may have had nothing to do with the cancer-causing mineral fiber. Many people working in hospitals have died of asbestos-related disease, after incidental exposure at work.

Monica Johnston is one example. She worked for the United Kingdom’s medical service for nearly fifty years when she was diagnosed with pleural mesothelioma. Like many with the disease in the US, she’s filed a legal claim to receive compensation for her situation.

Deadly Diagnosis Comes as a Surprise

Johnston is terminally ill, according to the BBC. “I’ve tortured myself trying to find out where I encountered asbestos,” she told them. The only place she and her attorneys can come up with is the hospital where she worked, the Royal Victoria Hospital. She is 66 and started working there when she was 16. Johnston retired after her diagnosis in 2023.

“Even as an experienced nurse, I had never heard of (mesothelioma), and the doctor explained that the only way you can get it is by coming into contact with asbestos,” Johnston said.

How Does a Nurse Develop Pleural Mesothelioma?

Asbestos was used in building materials at the hospital. They may have caused her disease even though as a nurse she never worked directly with products containing asbestos. Johnston may have been exposed to its cancer-causing asbestos fibers when others installed these products, when they deteriorated, were torn out, or replaced.

The building where she worked was constructed in the 1950s when asbestos-containing products were widely used. Parts of the building had asbestos removed in 2015. Johnston’s former employer states it has 148 buildings containing asbestos, but they present a “low risk” of endangering those inside.

Asbestos fibers are extremely light and strong. Johnston may have been in an area where the products existed or the fibers may have floated through the air for a long distance before she inhaled or swallowed them. Her exposure may have been early in her career because it may take forty to fifty years from initial asbestos exposure to mesothelioma diagnosis.

Some people are genetically pre-disposed to developing pleural mesothelioma. While some may be heavily exposed to asbestos and never develop the condition, others may be relatively lightly exposed to develop this cancer type.

Johnston said she loved her job and was in very good health for most of her life. She said she never smoked. In 2021, she noticed she was becoming short of breath, but initially, she wasn’t correctly diagnosed. She later developed chest pains and passed out at work. Radiology scans indicated Johnston had pleural mesothelioma.

“It’s too late for me, and it’s not about scaremongering, but I want to make people aware of the risks out there,” she told the BBC.

Mesothelioma is a Worldwide Problem

The BBC estimates that from 2014 to 2023, 699 people in Northern Ireland died asbestos-related deaths. This part of the UK had an estimated population of 1.9 million in 2022, about three times the population of Louisville. An estimated 3,109 people in Kentucky died of asbestos-related diseases from 1999 to 2017, according to the Environmental Work Group.

The BBC states that since 2019, the equivalent of $10.3 million has been spent to remove asbestos from hundreds of Northern Ireland’s hospitals and healthcare buildings. Most asbestos compensation claims in the area come from those who worked in Belfast’s shipbuilding industry.

Call Us Today for a Free Consultation

You need not work with asbestos-containing products to develop an asbestos-related disease like pleural mesothelioma. You may only work in an area where they were used. Many spouses of those working with asbestos developed mesothelioma because they inhaled fibers on their husband’s work clothes.

If you have an asbestos-related illness, including mesothelioma, 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.

Top Cause of Motorcycle Accidents: Vehicles Taking Left Turns

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If you’re an injured motorcyclist, chances are good your accident was caused by a driver failing to yield your right of way by taking a left in front of you, causing you to hit the vehicle’s passenger side. This is a negligent act by the driver, and if you file an insurance claim or a lawsuit to get compensation for your injuries, chances are good you’ll succeed.

Accidents where another vehicle turned left in front of an oncoming motorcycle were, by far, the most frequent fatal two-vehicle motorcycle crash, at 26%, from 2017 to 2022, according to research published in 2023 in the journal Traffic Injury Prevention.

The author, Eric Teoh, the Insurance Institute for Highway Safety’s director of statistical services. In a 2023 IIHS article, he states vehicles taking left turns into motorcyclists are the most common type of crash between motorcycles and vehicles.

Why Do Drivers Make This Mistake?

There are several reasons why drivers often take left turns in front of motorcyclists, leading to crashes:

  • Motorcycles are smaller than cars, so they’re harder to see, especially in bad weather conditions
  • A driver can underestimate how fast a motorcycle travels and think they have enough time to turn before the rider reaches them
  • Smartphone and GPS use can cause drivers to miss seeing an approaching motorcyclist.
  • Even when drivers check for oncoming traffic, they subconsciously may focus on larger vehicles and miss motorcycles, bicycles, or pedestrians. Their eyes may see them, but their brains screen them out, so they don’t register in a driver’s assessment of road conditions
  • Some drivers, especially those who are impatient, may take chances when turning left and assume they’ll safely make the turn or the motorcyclist will slow down or stop to prevent a collision
  • Weather conditions, bright sunlight, or darkness can make it harder to see oncoming motorcycles
  • The driver is fatigued, impaired, or intoxicate by alcohol or drugs

Each case is unique, and the failure to notice a motorcyclist may have more than one cause.

What Injuries Can These Accidents Cause?

Injuries will vary based on the situation and the type of vehicle. Depending on the vehicle’s proximity and the motorcycle’s speed, the rider may have little or no time to react and hit the side of the vehicle. A motorcyclist with more time may try to avoid the vehicle but lose control while taking evasive action.

Some of the most common motorcyclist injuries include:

  • Concussions and traumatic brain injuries, especially if the rider isn’t using a helmet, which is not legally required for experienced riders 21 and older in Kentucky
  • Road rash, or skin abrasions caused by sliding across the pavement, which may lead to infections and scarring
  • Bones in the arms, legs, ribs, and collarbone may break or fracture due to the impact or being thrown from the bike
  • Spinal cord injuries can lead to partial or complete paralysis depending on the severity and location of the injury
  • Damage to internal organs due to blunt force trauma or penetrating injuries. Internal injuries can also cause life-threatening bleeding
  • Leg, foot, ankle, and knee injuries, including sprains, fractures, and ligament tears
  • Jaws, noses, and teeth may break from hitting the ground or another object, especially if the rider isn’t using a full-face helmet

A rider striking a vehicle in front of them will probably hit the pavement and may hit another object, like a parked car or telephone pole, and be struck by another vehicle.

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

If you or a family member is injured in a Kentucky motorcycle accident with another vehicle, we want to hear from you. 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 motorcycle accident 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.

Asbestos Products Used on Trains and Locomotives

The Paducah Locomotive Shops Repaired Trains and Killed Workers

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The Illinois Central Railroad’s massive facility repaired locomotives for decades, employing thousands of workers over time. Many of them were exposed to cancer-causing asbestos, which was torn off and applied to locomotives during the repair process.

Exposure to asbestos fibers caused employees to develop related, fatal illnesses, including lung cancer and mesothelioma. You may be compensated if you worked at the Paducah Locomotive Shops and have an asbestos-related disease. If that happened to a family member, you may be able to seek compensation through a wrongful death lawsuit.

Trains, Asbestos, and the Paducah Locomotive Shops

In the 1800s and early 1900s, railroads were the most common way to transport large amounts of goods through the US. The Illinois Central Railroad is one of the country’s oldest railroads and it grew through mergers and acquisitions.

Illinois Central covered the central US, and the repair shops in Paducah, Kentucky, started in the mid-1800s. In about 1915, Illinois Central acquired the Paducah Railroad. From 1925 through 1927, it built the Paducah Locomotive Shops, which covered about 110 acres of land. The facility had four larger buildings and about 30 others.

Many activities over the years exposed workers to asbestos. From the 1930s through the 1980s, many locomotives used boilers to create steam, which were covered in asbestos-containing insulation. The boilers could be several feet in diameter.

Employees worked on these boilers in the shops. Locomotives entered the shop, the insulation was removed, repairs were made, and new asbestos insulation was applied.

Piping ran throughout these boilers and machinists removed and replaced their asbestos. If they did something else, they’d be exposed to asbestos fibers floating in the air because other workers were tearing out or applying asbestos.

Like vehicle brakes, locomotive brakes contained asbestos. If they were removed, repaired, or replaced, the asbestos would increase in the area. Engine gaskets used in locomotives also contained asbestos.

Buildings also had high temperature equipment, like boilers and steam pipes. They were covered in asbestos insulation, which decayed over time and was periodically removed and replaced. Asbestos-containing floor tiles were also probably in the buildings. Asbestos fibers could be released if tiles were pulled up, cut, or sanded.

Railroads Knew Asbestos Was Toxic and Stood By as It Took a Toll on Workers

Asbestos was a health threat to anyone in the area. Its fibers are incredibly light and strong. After being liberated from insulation, brakes, or tiles, asbestos fibers could float through the air for hours. Anyone in the area would inhale or swallow fibers that later caused disabling and fatal diseases.

Railroads, including Illinois Central, were highly proactive in the 1930s through the 1950s in studying how asbestos impacted employees’ health. They formed the American Association of Railroads. In the 1920s and 1930s, they started seeing employees develop asbestosis. They began investigating it and concluded asbestos caused the disease, but didn’t do anything about it.

Over time, asbestos’s dangers became more evident, but generations of railroad workers didn’t receive any training, warnings, signs, or safety equipment to prevent or reduce the danger until the 1970s.

American railroads concealed from the public and their employees that asbestos exposure caused serious diseases afflicting railroad workers across America. Railroad attorneys strategized in the 1950s how to defend lawsuits, long before they became common.

Injured Railroad Workers Can Use Federal Law to Collect Compensation

Railroad workers injured by asbestos have legal options for compensation unlike others. The Federal Employers Liability Act (FELA) is a special railroad workers’ compensation system under federal law. Most of those collecting workers’ compensation benefits do so through state systems created by state law.

Unlike traditional workers’ compensation, FELA allows injured railroad workers to sue a railroad employer in federal court, potentially winning compensation for many things, including pain and suffering. This is often the most significant part of an award to a railroad worker who uses FELA to seek compensation. Other issues, like medical expenses and lost income may also be awarded.

Recoveries for Kentucky lawsuits seeking compensation for injuries caused by accidents resulting from negligence are limited by the defendant’s (the party being sued) share of blame. If they’re half the cause of a vehicle crash, you can collect half of the damages (the harm you suffered measured in dollars).

A plaintiff can recover all of their damages in a FELA claim as long as a defendant is responsible in some way. Their 1% degree of fault can result in you collecting 100% of your damages. In a traditional workers’ compensation claim, who is to blame usually isn’t an issue. It’s considered a “no fault” system for helping injured workers, but compensation is much more limited than what’s available through a lawsuit.

Railroad employees aren’t limited to using FELA claims against their former employer. Depending on the facts of the case, you may be able to bring legal claims against companies making, distributing, and selling the asbestos products causing your injuries.

Call Us Today for A Free Consultation

You may be entitled to compensation if you worked at the Paducah Locomotive Shops and have an asbestos-related disease. To talk about your situation and how Satterley & Kelley, PLLC can help, call our Louisville office toll-free at 855-385-9532 or complete our contact form to schedule a free initial consultation.