Richmond Legal Issues Blog

Many in Richmond may question the decision to seek compensation following a car accident, believing that auto insurance coverage makes such action unnecessary. Yet in many cases, insurance coverage is not enough to cover all of the costs of an accident, particularly when fatalities are involved (which the National Highway Traffic Safety Administration reported as occurring in 834 cases in Kentucky alone in 2016). Yet seeking action following a car accident first requires assigning liability to one of the parties involved. 

The simplest method for determining liability is often identifying which driver's action were the most reckless. Speeding is often a standard in defining reckless driving, yet many will often prove ignorance in not knowing the speed limits in the areas where their accidents occurred. Kentucky law, however, has assigned general speed limits to certain areas to establish a baseline to be followed in areas where such limits are not clearly marked. According to Section 189.390(3) of Kentucky's Motor Vehicle Code, these are as follows: 

• 65 miles-per-hour on interstate highways and parkways
• 55 miles-per-hour on any other state highway
• 35 miles-per-hour in business districts and residential neighborhoods
• 15 miles-per-hour in parking facilities offered for public use

To most in Richmond, defining criminal activity is likely relatively simple: you either committed a crime, or you did not. Why, then, do some come to us here at Shumate, Flaherty, Eubanks & Baechtold facing criminal charges for circumstances in which no crime was actually committed? Kentucky law allows officials to charge you with a crime it is believed you were going to commit one. In such a case, the determination of your guilt or innocence comes down to a question of intent. 

The details of the state's criminal attempt law can be found in Section 506.010 of Kentucky's Revised Statutes. Here, it says that if you engage in conduct under circumstances which would lead you to believe that you were indeed acting unlawfully, you have committed criminal attempt. The same is true if you act (or omit to act) in a way that constitutes a substantial step towards your perceived goal of committing a crime. For the law to apply in this scenario, a "substantial step" is defined as any conduct that would leave no reasonable doubt as to your intention of engaging in criminal activity. 

Kentucky roads have long been familiar with the giants on wheels that travel alongside other vehicles. Semi-trailer truck driving plays a major role in today's economy; without truck drivers, the country would be drastically different. As vital as this industry may be, many do not stop to think about the health of the employees themselves. Could lack of sleep be one of the biggest hazards for truck drivers and everyone else on the road?

ABC News released an article in 2014 that appears to coincide with the aforementioned concerns. Voicing issues with trucking companies that pressure drivers to stay on the clock even when sleep deprived, ABC notes that just one mistake can lead to drastic measures. Nevertheless, an overwhelming number of truckers face strict deadlines with unrealistic timeframes to complete tasks. Some drviers even manipulate work logs in order to gain more work hours in the day. Whichever the case, ABC echoes concerns of many by highlighting tragic wrecks caused by drivers who simply did not have adequate rest before clocking in. 

A list of major industries in Richmond shows a variety of them use chemicals in manufacturing everything from paint and rubber components to machined automotive parts of many different types. There are also many makers of products that include lead acid batteries, vinyl construction products, air, gas and liquid purifiers, insulated electrical cable, and more, large machine shops. And then there is a pilot plant for the destruction of chemical weapons stockpiles. It’s fair to say that chemicals are a big part of business here, according to the above information from the Richmond Industrial Development Corp.

It’s also fair to say that each plant, forge and manufacturer who deals with chemicals has adopted safety procedures for handling these chemicals, as well as emergency preparedness measures should there ever be exposure or an accident. It’s part of the requirements for maintaining a safe workplace as defined by the U.S. government’s Occupational Safety and Health Administration. As part of the Dept. of Labor, OSHA is responsible for ensuring safe working conditions for men and women through training, education and assistance.