Shumate, Flaherty & Eubanks, PSC Law Firm in Richmond KY | Shumate, Flaherty & Eubanks, PSC 2026-07-17T12:38:08Z https://www.eblawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1504400/2025/01/cropped-sfe-fav-icon-32x32.png On Behalf of Shumate, Flaherty & Eubanks, PSC <![CDATA[Serious injuries can affect several areas of life]]> https://www.eblawfirm.com/?p=52300 2026-07-17T12:38:08Z 2026-07-17T12:38:08Z Economic losses should be properly assessed Determining the extent of one’s economic losses may not be easy because there are several that must be considered. One of the most significant is often the medical care cost. Lost wages are another significant financial impact, and this can include things like the actual paid hours that were lost, used sick time or paid leave, or missed overtime. Some of the other out-of-pocket expenses that injury victims are often compelled to navigate can include transportation to appointments, childcare, household help, home modifications, rehabilitation supplies or medical equipment. In some cases, these can also impact the livelihood of family members who care for the victim. Looking at the changes to the victim’s basic life routines can provide some insight into what specific effects and financial damages they may be dealing with. Documenting these changes is important in case there are disputes about what’s going on. A serious injury isn’t measured solely by the cost of treatment. Working with a legal professional who is familiar with these types of personal injury cases may be beneficial since they can help to ascertain what damages should be considered in regards to an individual victim’s unique case.]]> On Behalf of Shumate, Flaherty & Eubanks, PSC <![CDATA[Distraction can be deadly, often especially for commercial drivers]]> https://www.eblawfirm.com/?p=52296 2026-06-24T00:06:09Z 2026-06-24T00:06:09Z What the law prohibits The Federal Motor Carrier Safety Administration (FMCSA) enforces numerous rules that only apply to commercial drivers, including the rule against manually using technological devices while driving. The FMCSA rule against texting prohibits manually handling a phone to compose or read text messages and emails. Drivers should not even manually dial a phone while actively driving a commercial vehicle. Unfortunately, loneliness, employer demands and boredom may lead to truck drivers breaking this rule. Given that they already have an increased stopping distance when compared to smaller vehicles, the additional increase in reaction time can have devastating consequences in traffic. Phone records and camera footage can validate that a commercial driver handled a device prior to a collision. Rule violations make commercial drivers or possibly their employers liable for serious commercial truck collisions. Working with a lawyer can help people prove that semi-truck drivers broke the law and caused a crash.]]> On Behalf of Shumate, Flaherty & Eubanks, PSC <![CDATA[Is a pre-existing condition eligible for workers’ comp benefits?]]> https://www.eblawfirm.com/?p=52290 2026-06-07T23:12:57Z 2026-06-07T23:12:57Z Workers need proof that their jobs affect their symptoms A pre-existing condition does not automatically qualify for workers’ compensation benefits, but it is not automatically ineligible either. The worker must have documentation showing that their symptoms have worsened due to the tasks they perform at work. That evidence could come in the form of imaging tests showing increased damage to connective tissue. Functional capacity evaluations that show new or worsening functional limitations could also help support a claim that a job has exacerbated the pre-existing condition. Employees may be eligible for benefits that help them pay for treatment or cover their wages while they take time off to recover. In cases where the claim process is likely to be complex due to unusual factors, such as a pre-existing medical condition, employees may need assistance from an attorney. Talking to a lawyer about a pre-existing condition and job responsibilities can help workers determine if they qualify for workers’ compensation benefits.]]> On Behalf of Shumate, Flaherty & Eubanks, PSC <![CDATA[Common causes of motorcycle crashes]]> https://www.eblawfirm.com/?p=52289 2026-06-02T11:48:35Z 2026-06-02T11:48:35Z Motorcyclists usually enjoy the thrill of the open road. They aren’t confined by an enclosed vehicle, so they get to feel the breeze. While this is often a freeing experience for the motorcyclist, it comes with a significant risk because they don’t have the frame of the vehicle to help keep them safe.  Motorcycle crashes can lead to significant injuries because of the lack of protection. Even if a motorcyclist has a helmet on, they can still suffer serious harm, particularly if they’re thrown off the motorcycle. When a motorcyclist is injured, they may opt to pursue a compensation claim to help cover the costs of medical care and other financial damages. Determining the underlying causes of the crash is necessary because the cause can directly impact the outcome of the claim. 

Drivers are sometimes the cause

Drivers are sometimes responsible for the crash. This can be for reasons like impairment, distraction or fatigue; however, other causes are also possible. One common cause of motorcycle crashes is a lack of visibility.  The small profile of motorcycles makes them difficult to see in some circumstances. For example, hedges near intersections may make it hard for a driver who stops at a stop sign to see a motorcycle coming. If the driver goes through the intersection, they may strike the motorcyclist.  Another common cause is unsafe lane changes, which may result in a motorcyclist being hidden in a blind spot. This is a common cause of crashes on roads with higher speed limits because drivers and motorcyclists may not have time to react to sudden changes.  Motorcyclists who suffer injuries and want to seek compensation should act swiftly so time doesn’t run out to file their claim. It might be beneficial to have someone on your side who’s familiar with these laws and can assist. ]]> On Behalf of Shumate, Flaherty & Eubanks, PSC <![CDATA[Why you should never rush into a car accident settlement]]> https://www.eblawfirm.com/?p=52287 2026-05-19T18:16:36Z 2026-05-19T18:16:36Z seem so appealing. When an insurance company presents a quick payout, it can appear to be a practical solution to a complicated situation. However, rushing into a settlement is not really in your best interests.

The hidden risks

Early settlement offers are usually made while your medical situation is still developing, long before the full scope of your injuries is known. At that stage, it’s easy for an offer to miss the long-term reality of your recovery, such as lost wages, reduced ability to work in the future and ongoing treatment costs that haven’t even been fully identified yet. What looks like a fast resolution can quietly exclude major parts of what the crash will ultimately cost you. Additionally, accepting a quick settlement can significantly restrict your legal options moving forward. In most cases, you are required to sign a release of liability, which prevents you from pursuing any further compensation from the at-fault party. You cannot reopen your claim even if your injuries turn out to be more serious or your condition declines over time.

Take informed action

Don’t rush into a settlement due to insurance pressure or out of desperation. You have the right to take your time, assess a settlement offer and even reject it if you think it doesn’t fully reflect the impact the crash has had on your life. Having an experienced legal professional evaluate your situation can help protect your rights while giving you a clearer sense of timing, value and strategy before you commit to anything.]]> On Behalf of Shumate, Flaherty & Eubanks, PSC <![CDATA[Dangerous roads in Richmond, Kentucky]]> https://www.eblawfirm.com/?p=52281 2026-05-05T11:15:29Z 2026-05-05T11:15:29Z It is important for drivers in Richmond to be aware of the danger they face every time they get behind the wheel. After all, some studies have ranked Kentucky sixth in the nation when it comes to dangerous roads. The only states with more dangerous roads are Mississippi, Arkansas, South Carolina, Montana and New Mexico. Drivers are only as safe as the drivers around them, and reports like this paint a concerning picture about how fragile that safety may be. To help keep yourself protected, it can be useful to consider some of the most dangerous roads in the area.

I-75

To begin with, Interstate 75 is a major interstate crossing the country from north to south. It gets a heavy amount of traffic, not just from commercial vehicles and commuters in Kentucky, but also from out-of-state travelers. People can drive down Interstate 75 from Michigan all the way to Florida, and many of them are unfamiliar with these roads.

Lancaster Road

Lancaster Road is a major artery through Richmond itself, and it also crosses other major roads like the Eastern Bypass (876). Moreover, it goes past Eastern Kentucky University, so you may have to share the road with many young and inexperienced student drivers.

Congested intersections

There are also some intersections to watch out for, such as the intersection of Georgia Street and N. 2nd St. This is close to Madison Central High School and Daniel Boone Elementary School, so there is heavy traffic at the beginning and end of the day. Once again, you may be sharing the road with young drivers, such as high school students who have only had their license for a matter of months or a few years.

Seeking financial compensation

If you are involved in an accident in Richmond, you may deserve financial compensation for medical bills, lost wages and more. It is wise to look into all of your legal options to pursue the compensation you deserve.  ]]> On Behalf of Shumate, Flaherty & Eubanks, PSC <![CDATA[Common causes of jackknife truck accidents]]> https://www.eblawfirm.com/?p=52268 2026-04-21T09:48:37Z 2026-04-21T09:48:37Z what went wrong is vital to your peace of mind. Identifying the cause of the crash allows you to determine which parties are legally responsible for the damage you have suffered.

Why jackknife truck accidents occur

Identifying the reason a trailer swings toward the cab is a technical process that involves reviewing black box data and maintenance records. These accidents rarely happen without an underlying issue involving the driver, the vehicle or the loading process. Several common factors often lead to this dangerous loss of control:
  • Sudden braking: The trailer’s momentum pushes it forward faster than the cab when a driver applies the brakes too abruptly.
  • Slippery roads: Rain, ice or snow on Kentucky roads reduces the grip between the tires and the pavement, leading to uncontrolled sliding.
  • Excessive speed: Traveling at high speeds makes it much harder for a driver to react to hazards without losing vehicle stability.
  • Improper cargo loading: If the weight inside the trailer is not distributed evenly, the truck becomes top-heavy or unbalanced during turns.
  • Driver fatigue: A lack of rest slows down physical reactions and leads to erratic steering choices or poor judgment.
  • Mechanical failures: Worn-out brakes or faulty steering components prevent the truck from responding correctly to the driver's inputs.
When these elements combine, the trailer often folds toward the cab, creating a collision that is nearly impossible for other motorists to avoid. Understanding these factors helps clarify whether a truck collision was an unavoidable incident or the result of a preventable mistake.

Hold negligent parties accountable

If a reckless driver or a negligent trucking company caused the crash, you should not be forced to pay for their mistakes. You deserve a resolution that places the financial burden on those at fault, rather than on your shoulders. By asserting your rights, you help ensure that safety remains a priority on Kentucky highways.]]> On Behalf of Shumate, Flaherty & Eubanks, PSC <![CDATA[Pothole accidents in Kentucky: Who is at fault?]]> https://www.eblawfirm.com/?p=52265 2026-04-06T12:36:33Z 2026-04-06T12:36:33Z What proof do you need? Determining fault and recovery in a Kentucky pothole accident depends on two factors: driver error and negligent maintenance. The strongest cases are built on clear evidence that ties the hazard to the crash. This evidence must show that the entity responsible knew about the pothole and had enough time to repair it. Proof that can help courts determine who is at fault includes:
  • Pothole history: Complaints and dated repair requests can help prove a road owner’s negligence in maintaining the road.
  • Photographs: These can establish the extent of the damage and the size of the pothole.
  • Dashcam footage: This can disprove claims that you were speeding, using your phone or practicing other unsafe driving habits.
  • Police reports and witness statements: These can confirm how the accident actually happened.
  • Medical records: These can link the collision to your injuries.
  • Proof of damage: Documents like towing and repair bills can help with financial reimbursement.
  • GPS data: This can show the pothole’s location, revealing which entity is responsible for maintaining it.
To determine how much you can recover in an injury case, Kentucky uses a pure comparative fault system. In other words, a court reduces your compensation by your percentage of fault. For example, if the court finds you to be 30% at fault for an injury, then you would recover 70% of the total damages in the lawsuit. Under this system, you can be up to 99% responsible and still receive damages. Keep in mind that the amount you can recover varies depending on the entity you sue. In some cases, the state is responsible for managing the roads. If you file a claim against the Kentucky state government through the Office of Claims and Appeals, then the amount you can recover is strictly capped at $250,000 per claimant.

How your decisions today can affect your future

As unfair as it might be to suffer an accident due to the carelessness of other people, it is important to remember that you have options. Acting quickly by gathering evidence and filing a lawsuit can help you receive the compensation you deserve. Taking action also means potentially protecting other people from the same hazard. Road owners will be less likely to leave their roads in poor condition if it means facing more cases in the future. With a successful lawsuit, you can focus on recovering from your injuries, as your damages can make up for lost wages and costly medical bills.]]> On Behalf of Shumate, Flaherty & Eubanks, PSC <![CDATA[What injuries may qualify for permanent total disability benefits]]> https://www.eblawfirm.com/?p=52259 2026-03-10T13:41:41Z 2026-03-10T13:41:41Z Physical injuries causing permanent loss of work function Some job accidents cause serious injuries that affect strength, balance or movement. These limits can make steady work hard. Examples may include:
  • Spinal cord injury causing partial or full paralysis
  • Loss of a hand, arm, foot or leg
  • Severe back injury with lasting nerve damage
  • Multiple fractures causing lasting mobility limits
Each situation can involve different medical findings and work limits.

Neurological injuries reducing work capacity

Some incidents harm the brain or nervous system. These injuries often affect memory, focus or coordination. A traumatic brain injury from a fall can cause lasting thinking problems. Nerve damage can also disrupt speech or motor control. These limits generally reduce the ability to perform regular job duties.

Occupational diseases limiting long-term work ability

Some jobs expose workers to dust, chemicals or toxic materials. Long exposure can cause serious illness. Examples may include:
  • Occupational lung disease from long-term dust exposure
  • Severe breathing problems linked to workplace chemicals
  • Chronic illness caused by toxic material exposure
These conditions can cause lasting limitations that affect steady work.

When a job injury changes your ability to work

Living with lasting limits after a job injury can raise difficult questions about future work. Because these limits often appear in medical reports and work restriction notes, it helps to keep records that describe problems with lifting, walking, breathing, memory or focus. These records can also help show your work limits when you apply for PTD benefits. Kentucky workers’ compensation rules often require filing within two years of the injury or the last benefit payment.]]> On Behalf of Shumate, Flaherty & Eubanks, PSC <![CDATA[The hidden dangers of spinal injuries after a crash in Kentucky]]> https://www.eblawfirm.com/?p=52258 2026-02-20T13:49:12Z 2026-03-10T12:44:50Z You walk away from a car crash feeling fine. Days later, sharp pain shoots down your spine. This scenario happens more often than you might think. In Kentucky, many crash victims discover serious spinal injuries only after serious symptoms emerge. The damage was there all along, hiding beneath the surface.

Understanding the threat of spinal injuries

Unfortunately, these injuries affect hundreds of thousands of lives. In fact, according to the United Spinal Association, between 250,000 and 390,000 Americans are suffering from spinal cord injuries. These staggering numbers reveal a serious public health concern. They also remind us why road safety matters so much. Every time you drive, your spine faces potential risk. With these risks in mind, you need to know what warning signs to watch for after any collision.

Hidden spinal injuries to watch out for after a crash

Your body doesn't always sound the alarm immediately after a crash. That’s why understanding these hidden symptoms can help you seek treatment before conditions worsen. Here are specific warning signs to watch out for:
  • Whiplash and soft tissue damage: These injuries develop when your neck muscles and ligaments tear from the violent back-and-forth motion in a collision. 
  • Herniated or bulging discs: These injuries occur when your spinal discs rupture or shift out of position, pressing on nearby nerves. 
  • Hairline fractures or vertebral misalignment: These are small cracks that may form in your vertebrae or bones that can shift from their proper position. 
  • Chronic pain: These are severe, ongoing nerve or muscle pain that persists long after your accident. 
Clearly, these injuries often require prompt medical attention to prevent long-term complications.

Moving forward with spinal cord injury after a crash

Recognizing these symptoms marks your first step toward recovery. You deserve proper medical care and support after your accident. If you suspect spinal injuries following your Kentucky car crash, seek medical evaluation right away. Additionally, understanding your legal options can also help you move forward. Having professional guidance can help protect both your health and your rights during this challenging time.]]>