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The Whaley Law Firm Personal Injury Podcast – Episode 2

Hosted by Louisville personal injury attorney Aaron Whaley

In Episode 2 of The Whaley Law Firm Personal Injury Podcast, Louisville personal injury attorney Aaron Whaley discusses different topics involving car accidents, including: where collisions typically happen; initiating the medical record; common injuries; and 3 tips for the winter transition. Have you been injured in an accident due to negligence? Contact our law firm today for your free consultation.

Whaley Law Firm Personal Injury Podcast

EP002 Notes

Aaron Whaley is an attorney in Louisville, Kentucky who handles personal injury cases across the state. He’s been practicing law since 2002. Today we’re talking about car accident issues.

In preparation, we went back over the past five years of available accident data.  Jefferson County accounts for roughly 23-24 percent of the collisions in the state each year.  There are approximately 700-800 KY traffic fatalities each year on public roads, statewide.  This data excludes private property (including parking lots).  City Streets account for 22 percent of all KY Collisions (e.g. Bardstown Road, Dixie Highway, Preston Highway, etc.).

Many of these collisions occur at slower speeds, therefore, many are non-injury accidents.  There can, however, be soft tissue injuries and property damage.  People can be injured regardless of the rate of speed.  Typical injuries include damage to ligaments, tendons, muscles, and disks (whiplash). These often occur in rear-end collisions.

You should get treated. It’s important to take care of yourself. Options could include visiting a chiropractor, the urgent care or even the E/R.  In most cases, there’s $10,000 of Personal Injury Protection (PIP coverage) available to you. This is called “no-fault” coverage.  You have PIP coverage even if you’re not the owner of the car. In fact, there’s $10,000 for each person in the car.

After city streets, the remaining collisions break out as follows:

  • State Routes: 34%
  • US Routes: 24%
  • Interstates: 11%

These collisions usually involve higher speeds. Therefore, more serious injuries and property damage occur. These include lacerations, head/brain trauma, back and neck injuries and death.

Issues Related to Head Injuries in Car Wrecks

Brain trauma (traumatic brain injury and concussions) is common. Consider the physics. The brain impacts the skull and the head may impact other objects. Can also occur in slower-speed collisions.  There’s a potential for a delayed onset of symptoms. These symptoms can show up as mood swings, memory loss, a decrease/loss of speech and motor skills. These types of injuries are traumatic for victim as well as the family and caregivers. The injuries may result in a loss of emotional support or a loss of financial support. Brain trauma can require an extended recovery time.  Understand it can delay the case resolution. You don’t want to settle your case too early.  You won’t be able to go back to ask for more money.

Why Do Serious Injury Cases Take More Time to Resolve?

It’s important that you and your attorney understand your full medical treatment, including any surgeries. Physical therapy is often required you should complete the recommended treatment program. Your conditions may worsen over time because you didn’t get the care you needed.

Your claim may require extensive investigations. More substantial injuries require more time to resolve.  Insurance companies want to rout the clock to pressure settlements. They know you need the money. Be patient and let your attorney do his/her job for you.

Tips for Driving in Bad Weather

  1. Decrease Your Speed. Your car can skid out of control. Make sure you allow for safe stopping at intersections.
  2. Increase Your Distance. Traffic is still traffic. Sudden stops happen. There’s a higher risk for rear-end collisions. Understand that the person in the rear is usually assumed to be at fault. Remember, 4WD is useless on Ice. Don’t be overconfident.
  3. Make Sure You Use Your Seat Belts. Seat belts save lives (air bags are not a substitution). This includes properly securing child safety seats.

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Important Disclaimers:

The information provided on this podcast is for general informational purposes only.  It should not be construed as legal advice and does not constitute an attorney-client relationship.  You should seek the advice of an attorney for guidance related to your specific situation.  I am only licensed in Kentucky, so the general advice provided may not apply outside of Kentucky.

This podcast maybe freely shared, but may not be the modified or edited in any way.

This is an attorney advertisement.   Co-host Jim Ray is a non-attorney spokesperson.

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