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Covington Legal Issues Blog

Road trips, long drives and car crashes

Any time that someone is on the road, whether they are riding in a vehicle or on a bicycle, they face the risk of being involved in an accident. However, there are times when a person may be especially likely to become involved in a motor vehicle collision. For example, someone who is on a road trip may collide with another vehicle because they are not familiar with the roads or they are distracted by a tourist destination. Moreover, someone who has been driving for a lengthy time period may become drowsy.

If you are planning a road trip, it is pivotal to be mindful of these issues. For example, you should make sure that you are not distracted behind the wheel and give yourself plenty of time to not only explore areas of interest but rest and get to your destination without needing to drive too fast. If you are on a trip or find yourself driving for a very long time for some other reason, it is crucial to realize how deadly drowsy driving can be. If you are too tired to drive safely, it is never a good idea to attempt to operate a vehicle.

Few exceptions to Kentucky's open container law

Most people probably understand that it is both illegal and dangerous for a driver to consume alcohol while operating a motor vehicle but may not be aware of what the law says about consumption of alcohol by a passenger of a vehicle rather than the driver. In most of the country, including Kentucky, it is illegal for an individual to drink alcohol while inside a vehicle even if the individual is not driving.

According to FindLaw, Kentucky is one of forty-three states that have open container laws which prohibit the presence of unsealed containers of alcohol, such as bottles or cans, inside a vehicle. It does not matter if the container is in the possession of a passenger and the driver of a vehicle has not so much as touched it; if law enforcement pulls over a vehicle in which a passenger is in possession of an open container of alcohol, the driver and the passenger may both receive a citation for an open container violation. 

Reviewing the Chapter 7 means test

For many of those that we here at The Berger Firm have assisted in the past, mounting debts have left them with seemingly little hope to get back on top of their finances again. If that describes your personal situation, bankruptcy may offer a way back to fiscal stability. Specifically through a Chapter 7 case, you might be able to have many of your debts discharged. Others may be repaid through liquidating some of your property, yet exemptions typically allow you to hang on to important assets such as your home, car and other valuables. 

Yet not everyone qualifies for this form of personal bankruptcy. To prevent abusing the benefit of bankruptcy protection, federal lawmakers have established what is known as "the Chapter 7 means test." Essentially, this test checks to see if, after comparing your income to your liabilities, discharging debts truly is the only for you to get a hold of your financial situation again. 

What you need to know about auto accident compensation

Kentucky is known for many fine things, including the Kentucky Derby, outstanding racehorses, mint juleps, rolling bluegrass hills and rollicking bluegrass music. Unfortunately, it likewise is known for its notorious narrow country roads. Should you suffer injuries in a car crash on one of them or on one of our far more driver-friendly highways and freeways, you will be glad to know that not only can you sue the negligent driver who caused your wreck, but Kentucky also places no cap on the amount of damages you can receive.

Before you can file a personal injury lawsuit, however, you must meet certain threshold requirements. Your injuries must result in one of the following:

  • $1,000 minimum medical expenses
  • One or more broken bones
  • Permanent disfigurement
  • Permanent injury
  • Death

When should you consider relocating during divorce?

Once you and your spouse have decided to seek a divorce in Kentucky, one of the hardest challenges you may face is deciding how child custody will be arranged and how parental responsibilities will be coordinated. Depending on your situation, you may have considered the possibility of relocating and finding a new place to live. Understanding when relocation is in your benefit is valuable to help you make a good decision that will hopefully put you and your children in the best possible situation. 

According to verwellfamily.com, one of the most important considerations to account for when deciding whether or not to relocate is how available you will still be to your children. Chances are, you desire to maintain a good relationship with each of your children and being able to be successful at that requires you to remain in a place where you are accessible.

Rollover in Smith's Grove kills Mount Sterling resident

Some in Covington might equate driving on a busy road to a dance in which people move in concert in order to complete their travels successfully. Those who think that their own individual driving skills will help them to avoid accidents may fail to take this needed collaboration into account. The actions of one driver can often have a profound impact on others, which shouls therefore instill a great sense of responsibility in people when they get behind the wheel. 

Sometimes, something a simple as a sudden stop is all that is needed to prompt a chain reaction that can produce devastating consequences. This fact was on full display in a recent accident in Smith's Grove. A Mount Sterling man was traveling with his father on Interstate 655 when the vehicle in front of him suddenly stopped. This forced the man to swerve to avoid hitting the SUV. Unfortunately, his reaction resulted in his car leaving the road and rolling several times. He was able to survive the accident, yet sadly, his father was ejected from the vehicle during the rollover, and later pronounced dead. 

Driver fleeing from Letcher County checkpoint causes crash

Given the many methods by which people who have been drinking in Covington can now safely be transported home, many might think that the chances of them encountering a drunk driver on the road would be almost non-existent. Still, the risk may be out there, and it is one that no amount of defensive driving or vehicle safety features can mitigate. Drunk drivers may set out for their destinations without any intent to harm others, yet the impairments caused by the alcohol they have consumed often make completing their journeys unscathed nearly impossible. 

Even in cases where a driver who has been drinking is aware of what it happening around him or her, that does not mean he or she is in enough command of his or her faculties to not present a danger to others. This fact was on full display in a recent crash that occurred in Letcher County. A man approaching a traffic safety checkpoint chose to turn his vehicle around before reaching the checkpoint. Unfortunately, he failed to realize that by turning where he did, he ended driving the wrong way on the road. A collision with another vehicle soon followed, and the man his two passengers ended needing treatment for injuries. 

What is an implied consent law?

You may hear stories of people being detained for drunk driving after registering a blood-alcohol measurement in excess of the legal limit and wonder why anyone in Covington who might potentially be driving drunk would consent to such testing. This likely comes from your assumption that law enforcement officers cannot force you to do anything that you do not want to do. What you likely do not know is that you (and every other driver in Kentucky) has already agreed to such testing. 

If you are wondering when you made this agreement, understand that the state has enacted an "implied consent law" (whose details can be found in Section 189A.103 of Kentucky's Revised Statutes). According to this law, by operating a vehicle on any of the state's roads, you have consented to have your blood, breath or urine tested for any substance that may impair your driving ability. A refusal to submit to such testing could result in criminal penalties independent of those you may be charged with if authorities believe you were driving while intoxicated. 

Relocating following divorce

Maintaining strong familial bonds can be difficult after parents divorce in Covington, particularly for young children. Kids rely on having easy access to their parents for advice and assistance during their formative years, and even with today's technology, separation limits such access. The desire on the part of divorced parents to move on from their marriages can also put further strain on the parent-child relationship, which can almost be altogether severed if one parent chooses to relocate. 

According to information shared by Psychology Today, of the 16 percent of Americans who move every year, a majority are adults ages 20-34. One is likely to find several young parents amongst this particular demographic, which means that annually, good number of children face the potential of being restricted from seeing one of their parents on a frequent basis. 

Car crashes can cause delayed brain and spinal injuries

Another vehicle rammed into your car, but it all happened so fast that you did not know that the collision affected you physically until later when you started noticing aches and pains. Going to the doctor right after an accident is generally the best thing to do, but if you decide to wait, be aware of these issues that could come up days or even a couple of weeks after the crash.

Whiplash

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