Attorney Jim Desmond

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Year: 2017

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Archives for 2017

Switzerland County Indiana Motorcycle Accident

Switzerland County IndianaOur local news station, WDRB, reported today about an Indiana motorcycle accident in Switzerland County.  There were two people on the motorcycle. The driver was fatally injured and the passenger sustained injuries serious enough to be flown to a Cincinnati hospital.

The motorcyclist ran into a deer on State Road 156.  The Harley-Davidson then crossed into the other lanes and was struck by another vehicle.  Neither the driver nor the passenger was wearing a helmet.

As an attorney, I understand the impact this situation will have on the family members.  I’ve stood with families in hospital rooms and even at funerals.  No one wants to make light of the seriousness of the loss.

However, as tragic as this accident is, it can be a learning opportunity for the rest of us.  I uploaded a post last month about motorcycle passenger injuries.  Now that summer is underway, we’re going to hear more stories about accident-related injuries and Indiana traffic fatalities. It’s an unfortunate fact on our Indiana roadways.

First and foremost, if you ride a motorcycle, please wear a helmet.  I don’t know if that would have prevented the serious injuries and death in Switzerland County. What I do understand is the statistical proof that wearing a helmet can significantly reduce your risk of head trauma.

Next, as I wrote about in the post I referenced, above, a motorcycle passenger has a claim if he/she is involved in an Indiana motorcycle accident.  In this circumstance, the driver is deceased.  The passenger can still file a claim against the estate of the deceased driver.

To clarify a common misconception, an “estate” is not just something for wealthy people.  When someone dies, the property, assets and debts usually become part of an estate.  This estate includes the insurance coverage that someone has at the time of their death that might cover the personal injury claim of the passenger.

While I understand this sounds harsh, recall that the motorcycle passenger had such serious injuries so as to be flown to the University of Cincinnati Hospital.  From experience, I can tell you that this helicopter flight alone probably resulted in a $30,000 to $50,000 medical expense. 

To put that in perspective, a licensed driver in Kentucky or Indiana is only required by law to carry $25,000 per person in liability insurance. In other words, sometimes a personal injury claim is the only way an injured party can recover their medical expenses and their other out of pocket expenses.  Typically, these types of motorcycle wrecks involved underinsured motorist coverage, from the passenger’s own automobile insurance, as the damages far exceed the available insurance coverage.

The Switzerland County Indiana motorcycle accident is a lesson for every motorcyclist and passenger.  The WDRB story didn’t report specific information about the passenger, so we don’t know if he/she is a minor, relative or simply a friend.  Hopefully, this individual will make a full recovery and begin to move forward.  We wish them the best.

The simple lesson for all of us is that before the car or motorcycle wreck ever occurs, make sure you have at least $100,000 per person of uninsured and underinsured motorist coverage on every insurance policy you have for every vehicle.   This is sound advice that applies whether you choose to represent yourself in an injury claim and/or whomever you may hire as your personal injury lawyer.

Filed Under: Motorcycle Accidents, Wrongful Death

U2 is playing in Louisville

U2 is playing in LouisvilleThe iconic band U2 is playing in Louisville, tonight, at Papa John’s Stadium. The band’s Joshua Tree Tour 2017 will certainly be a huge event. It’s also the first time U2 has done a stadium concert in Kentucky. So why would a Louisville injury attorney write a post about this? There’s an interesting connection that most probably don’t realize.

The Joshua Tree album stacked some of its best hits at the beginning of the album. According to a Newsweek Culture story, the song One Tree Hill ranks as the album’s 4th best song. Again, so why would a Louisville injury attorney write about this?

The inspiration for the song was actually the death of one of the band’s roadies. The man was involved in a fatal motorcycle accident. The song is a tribute to their lost friend.

“The moon is up and over One Tree Hill. We see the sun go down in your eyes. You run like a river on to the sea. You run like a river runs to the sea.”

While thousands of people will flock to Papa John’s tonight to watch and listen to U2, songs like this remind us that we have all experienced the loss of a family member or a close friend in traffic accidents. 

According to the Newsweek story, it’s reported that “Bono recorded the vocals in one take, as he reportedly felt too emotionally wiped out to repeat the effort.” What a terrific tribute to a friend.

If you’d can’t go to the concert tonight, but would like to experience how this song sounds in a concert setting, take a minute to watch the video of U2’s One Tree Hill. If you are going tonight, I hope you have a great time. Remember, there will be a ton of distracted drivers on the roads before and after the concert. I hope you have a great time! Let’s all make it home safely.

Filed Under: Motorcycle Accidents, Wrongful Death

Desmond Among Top Accident Attorneys

I’ll admit it, once in a while, it’s nice to be recognized for doing good work.  I received notification that a company called “Expertise” recently reviewed 153 car accident attorneys in Louisville.  The Desmond Law Office ranked among the top.

Desmond Law Offices ranks among top car accident attorneys

The criteria was based on:

  1. Reputation
  2. Credibility
  3. Experience
  4. Availability
  5. Professionalism

I’ve always tried to do outstanding work for my clients. Nevertheless, I’m not one of those firms you constantly see bragging on TV about success.  I try to earn mine, one client at a time.
Thank you to all of my clients in both Kentucky and Indiana.  A significant part of my practice is based on referrals from people just like you.  Your trust, based on your satisfaction, is one of the highest compliments I could ever receive.
My practice isn’t flashy.  I’m not a giant advertiser.  What I am is an accident attorney who wakes up each day and tries to help people.  When that effort gets recognized, it’s a very encouraging.  The truth is, I’m not in this for the awards, rankings or accolades.  I do what I do because I want to help people.
So thank you to Expertise for this recognition.  I’ll continue to work hard and to look for ways to prove my value in the eyes of my clients.  Knowing that the Desmond Law Office ranked among the top, is encouraging.
Today, like any other day, I’m back in the office working on motorcycle accidents and car wrecks.  My phone is on and I’m ready to take calls.  There’s no patting myself on the back.  Clients are expecting me to do my best on their behalf.  That’s exactly what I intend to do, again today.
At the Desmond Law Office, I believe the work I do is important.  My clients are the ones who really matter, not the awards.

Filed Under: Car Wrecks

We’re Getting Better, but Kentucky Needs to Buckle Their Seat Belts More Often

 

 

Seat belts save lives, and reduce the severity of many injuries in a car crash.  We’re getting better, but Kentucky needs to buckle their seat belts more often.  In 2011, there were 537 people who lost their lives in Kentucky car wreck.  Only 230 of these individuals, or 43%, were wearing seat belts.  Most people killed in Kentucky car accidents were not wearing a seat belt.  The latest year we have data for is 2015.  We improved a bit, as 44% of those who lost their lives in a car crash were wearing seat belts.  This is a 1% improvement over 5 years, but we can do a lot better.

Seat belts save lives

The percentages for those who were injured are very similar.  The fact is you are less likely to be seriously injured or killed in a car accident if you wear a seat belt.  After more than 20 years of representing people who are injured in Kentucky and Indiana I can tell you to buckle up.  The forces inside a car during a crash are powerful.  A person who is not restrained is moved very quickly in multiple directions during the few seconds at impact.  This results in multiple injuries that could be avoided.  Seat belts help to reduce the injuries to your back and neck.  They also keep you in a more protected posture instead of hitting the windshield or one of the support beams in the car.

No one leaves their house expecting to be in a car crash.  If you fasten your seat belt you significantly increase the chances of returning home safely.  If you are involved in an accident you have a much better chance of reducing or eliminating injury altogether by wearing your seat belt.

Kentucky needs to buckle their seat belts more often to reduce the amount of injuries each year.  If you are injured in a car crash caused by someone else I will help to ensure you recover as much as possible to cover your medical bills, lost wages and other expenses.  Always seek medical treatment after an accident (even if you don’t think you were injured) and call me on my phone at [number] for a free consultation.

Filed Under: Car Wrecks Tagged With: car wrecks, injured, injury, seat belt

Car Accidents at Intersections Result in Many Serious Injuries

Kentucky Car Accident Attorney IndianaCar accidents at intersections often result in more serious and sometimes fatal injuries.  Most people may think the most dangerous and serious accidents occur on two lane rural highways, and they would be right.  Recent car crash data tells us a new trend is developing.  Why are accidents in an intersection more dangerous?

One reason is the design of a modern car.  Engineers have designed cars to absorb more energy and protect the occupants when the car is struck head-on or from behind.   There is less to protect the driver and passengers in a car wreck when the impact comes from the side.  Another reason is the increasing use of phones to text or email while driving.  These “distracted drivers” are causing almost as many serious accidents as those who drive under the influence of alcohol or drugs.

The Federal Highway Administration recently reported there were 2.5 million accidents involving injury in intersections.  40% of accidents in the US happen at an intersection.  The vast majority serious injuries in these accidents and those which involved fatalities were left hand turns.  Many of these drivers were attempting to hurry through a light as it changed.  In my 20 years of experience I’ve also noticed that many of these accidents happen because people were:

  • Speeding or driving too fast for the conditions
  • Attempting to drive straight through the intersection as the light is changing or after the light is red
  • Turning left due to pressure from another driver honking their horn or pressuring them to move
  • Turning left when a large vehicle such as a truck or SUV is blocking part of their view
  • Turning on wet or icy roads or into a bright sun

Car accidents at intersections result in more serious injuries and many fatalities.  Be very careful when you enter an intersection and take that extra moment to make sure it’s clear before turning left.  If you are injured in a car crash at an intersection seek immediate medical treatment, and call me on my phone for a free consultation at [number].

Filed Under: Car Wrecks Tagged With: accident, injured, injury, intersection

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