Shumate, Flaherty & Eubanks, PSCLaw Firm in Richmond KY | Shumate, Flaherty & Eubanks, PSC2026-10-26T13:16:59Zhttps://www.eblawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1504400/2025/01/cropped-sfe-fav-icon-32x32.pngOn Behalf of Shumate, Flaherty & Eubanks, PSC<![CDATA[Safe following distances reduce the odds of rear-end accidents]]>https://www.eblawfirm.com/?p=523452026-10-26T13:16:59Z2026-10-26T13:16:59ZBeing tailgated can be very stressful. If you are in the car in front, you are acutely aware that your safety is dictated by the person behind you. It can be very hard or even impossible to avoid a rear-end collision. You simply have to hope that they stop in time, should a quick stop become necessary.
If that driver would maintain a following distance of three seconds, the odds of an accident would be substantially lower. This gives them enough space to recognize that they need to hit the brakes and slow down, even if it is an emergency. The physical distance between the vehicles will be much different at different speeds. Three seconds in the city, when drivers are going 25 miles an hour, is much different than three seconds at 70 miles an hour on the interstate. But either way, it creates the appropriate cushion.
Why do drivers tailgate when it’s clearly dangerous?
Drivers tailgate for many different reasons. One is that they are unaware of what their safe following distance should actually look like. They are inadvertently tailgating and not counting off the seconds.Another reason is that the driver may simply be in a rush. They may be waiting for a chance to pass, and so they tailgate until it arrives.Furthermore, some drivers are trying to bully those ahead of them into going faster. They are frustrated with how the other person is driving, and they are using tailgating as a form of road rage to express that frustration.
Seeking compensation after an accident
Tailgaters do make accidents much more likely. If you have been injured due to someone else's negligence, be sure you know how to seek financial compensation for medical bills and more.
]]>On Behalf of Shumate, Flaherty & Eubanks, PSC<![CDATA[What if you are in a car accident during your commute to work?]]>https://www.eblawfirm.com/?p=523302026-10-09T21:50:14Z2026-10-09T21:50:14ZAccidents during a commute are very common. For one thing, traffic levels are highest as people are commuting to work or heading home again at night. For another, many people are in a rush, trying to get to work on time, so they may make mistakes like tailgating or running a red light.
If you do get injured in a car accident on your way to work, what comes next? Would you be able to file a workers’ comp claim? After all, you were heading to your place of employment, and your injuries may keep you from working, so can you seek workers’ comp benefits for lost wages, medical bills and other expenses?
Workers’ comp often does not apply
Unfortunately, the reality is that most employees are not covered during their commute. They only receive workers’ comp benefits once they are on the clock.There are some exceptions to this rule, especially if the employee is performing work-related duties during their commute. This could include something like bringing supplies to the office. You may also be able to seek workers’ comp benefits if you are traveling between work sites during the workday, rather than commuting to or from work.That said, if another driver's negligence caused the accident, you may still have options to seek financial compensation through a personal injury claim. But you would have to sue that driver directly, or work with their insurance company, rather than filing a workers’ comp claim.These things can be nuanced and complicated, and it is understandable that it may be overwhelming to try to figure out what compensation you deserve after being seriously injured. That is when it can help to work with an experienced attorney.
]]>On Behalf of Shumate, Flaherty & Eubanks, PSC<![CDATA[Are truck drivers prohibited from using mobile phones?]]>https://www.eblawfirm.com/?p=523262026-09-25T19:41:31Z2026-09-25T19:41:31ZTruck drivers and other commercial drivers are governed by the rules set down by the Federal Motor Carrier Safety Administration. One rule that has been created is that they cannot use a handheld mobile device while operating their vehicle. This guideline was established as an effort to curb distracted driving and prevent accidents.
As a general rule, commercial drivers are prohibited from pressing more than a single button. This means they cannot pick up a phone and dial a number. They cannot hold the phone in their hand while having a conversation. They cannot type out a text message. Commercial drivers always need to have their eyes on the road and their hands on the wheel.
How do they communicate for work purposes?
Naturally, commercial drivers may have to talk to dispatchers or other truck drivers while they are on the clock.For this reason, they are often allowed to use a hands-free system. It should only require them to push a single button to take a call. They can then carry on their conversation behind the wheel, while still holding the steering wheel and watching the road.But even when using these systems, the device should be readily available. Truck drivers should not have to bend, turn or twist in their seat to reach and pick up a device. Doing so can be very dangerous and may cause an accident.
Seeking financial compensation
Have you been injured in an accident with a commercial driver, perhaps because they violated these safety regulations? If so, you need to know what options you have to seek financial compensation for medical bills, lost wages and other damages.]]>On Behalf of Shumate, Flaherty & Eubanks, PSC<![CDATA[Financial support for children who lose parents to drunk drivers]]>https://www.eblawfirm.com/?p=523122026-09-21T02:19:21Z2026-09-21T02:19:21ZCertainly, any fatal car crash can result in serious economic as well as emotional losses for the loved ones left behind. Too often, these crashes are caused by drunk drivers who decided to get behind the wheel when they were in no condition to do so.
When a victim leaves behind children, families can experience not just profound grief. They face the overwhelming financial responsibility of raising those children and helping them heal emotionally and possibly physically if they were in the vehicle as well.Kentucky is among the states that have enacted a law in recent years that allows judges to hold impaired drivers responsible for providing “restitution in the form of financial support” for the minor children of a parent or legal guardian if the crash caused by their driving under the influence resulted in their permanent disability or death. It can also be ordered if the person killed or permanently disabled had any other dependents.
How is the amount of restitution determined?
The judge can order restitution at the driver’s criminal sentencing. The amount of restitution is based on several factors, including the child’s:
Financial needs (including educational expenses, child care, medical and psychological care)
The financial resources of the person ordered to pay the restitution are also a factor in determining the amount of restitution.
How long does restitution last?
Restitution is typically paid until the child turns 18. That can be extended to 19 if they’re still enrolled in high school at 18.Most defendants ordered to pay restitution are also sentenced to prison for a time. That doesn’t relieve them of their financial obligation – even if the child is a legal adult when they’re released. It simply allows it to be delayed.Under the law, restitution must begin no more than a year after release from incarceration. The full amount is still owed. The law states that the driver must have a “payment plan to address any arrearage.”It’s crucial for family members of those killed or permanently disabled by an impaired driver to know that this restitution may be available if their loved one was a parent or legal guardian. While it can’t undo the damage, it can potentially help ease the financial burden for the family.]]>On Behalf of Shumate, Flaherty & Eubanks, PSC<![CDATA[Does fault matter in workers’ comp cases?]]>https://www.eblawfirm.com/?p=523102026-08-29T16:32:14Z2026-08-29T16:32:14ZIn many personal injury cases, determining who was at fault is a key component of seeking compensation. A motorcyclist who was struck by another driver will first seek to prove that the driver made a negligent mistake, for instance, and owes them compensation for medical bills, lost wages and the like.
But in workers’ comp cases, things are a bit different. Fault often does not matter because workers’ comp is inherently set up as a no-fault system. An employee who is injured on the job does not have to sue their employer for compensation. They simply have to file a workers’ comp claim, and they should be eligible as long as they were performing the duties of their job and operating in their capacity as an employee at the time of the injury.This is even true if the worker was technically at fault. A construction worker may have made a mistake with a power tool, for example, resulting in a severe laceration. It was their mistake that caused the injury, but they can typically still seek workers’ comp benefits.
Some minor exceptions
In some cases, there are exceptions that can cause a claim to be denied. A worker who was impaired or intoxicated at the time of the accident may have their claim denied, for example. A worker who intentionally violated safety policies could run into issues, as could a worker who allegedly inflicted the injuries on purpose.But in the vast majority of cases where it is purely a workplace accident that leads to injury, the employee can seek workers’ comp benefits. These can be very helpful in covering sudden medical costs and replacing a portion of lost wages, so workers need to know exactly what legal steps to take.
]]>On Behalf of Shumate, Flaherty & Eubanks, PSC<![CDATA[3 driving distractions that cause serious car accidents]]>https://www.eblawfirm.com/?p=523052026-08-14T13:11:11Z2026-08-14T13:11:11ZMany car accidents happen because of distracted driving. It delays people’s reactions, leads to avoidable mistakes and presents a danger similar to drunk driving.
With that in mind, it is important to think about the different types of distractions that the Centers for Disease Control and Prevention has identified. Not all distractions look the same, and distraction can actually occur for numerous reasons.
Visual distractions
When a driver looks away from the road, they are experiencing a visual distraction. They may have turned their head to talk to a passenger, for example, or looked down at the screen of their cellphone. Even just changing the radio station or looking down at the controls to adjust the air conditioning can be a visual distraction.
Physical distractions
Next, when drivers try to do something in the car along with driving, they are experiencing a physical distraction. Holding a cellphone is a common example, but others include eating or drinking behind the wheel, putting on makeup, adjusting the mirrors or picking up something that fell on the floor of the car.
Cognitive distractions
Last but not least, you must consider the mental distractions a driver faces. These could be as simple as daydreaming or getting lost in thought. Texting and driving also creates cognitive distractions because the person is reading the text message or thinking about how they want to respond, rather than thinking about traffic or driving their car.If you have suffered injuries in an accident that a distracted driver caused, you may deserve compensation for lost wages, pain and suffering, medical bills and many other damages.
]]>On Behalf of Shumate, Flaherty & Eubanks, PSC<![CDATA[3 reasons to preserve ECM data after a truck accident]]>https://www.eblawfirm.com/?p=523022026-08-07T15:45:35Z2026-08-07T15:45:35ZTruck accidents often involve complex questions about how the collision occurred and whether safety regulations were followed. While photographs, witness statements and physical evidence are important, electronic data recorded by the truck can also provide valuable information.
One important source of evidence is the truck's Electronic Control Module, commonly called the ECM or black box. Understanding the importance of preserving ECM data can make a significant difference when investigating truck accident claims.
1. ECM data may only be available for a limited time
Many ECM systems store operational information for a limited period before newer data replaces older records. If the information is not preserved promptly, important details about the truck's operation before the collision may no longer be available for review.Depending on the truck and the system installed, the recording period may vary. Acting quickly helps reduce the risk that valuable evidence will be overwritten.
2. The data may help explain what happened
The ECM can record operational information such as vehicle speed, braking activity, engine performance and other driving data. In some situations, these records may help investigators compare the truck's recorded operation with driver logs, maintenance records or other evidence gathered during the investigation.Additional electronic systems on some commercial vehicles may also contain information about dispatch activity, hours of service or vehicle performance that could assist in reconstructing the events surrounding the crash.
3. Important evidence may not remain available indefinitely
Depending on the circumstances, electronic records may be controlled by the trucking company or other parties after the collision. If appropriate preservation steps are not taken, relevant information may no longer be available when questions later arise about how the accident occurred.Prompt action can also help establish who had custody of the vehicle and whether additional electronic information should be preserved before repairs, inspections or other changes take place.Electronic evidence is only one part of a thorough accident investigation, but it can provide objective information that supports or contradicts other evidence. When combined with witness statements, physical evidence and vehicle inspections, ECM records may help create a clearer picture of the events leading to a collision.If you were injured in a commercial vehicle collision, preserving ECM data may be an important part of protecting your interests. If you have questions about electronic evidence or truck accident claims, seek legal guidance as soon as possible.]]>On Behalf of Shumate, Flaherty & Eubanks, PSC<![CDATA[Underride truck accidents are a top cause of severe injury]]>https://www.eblawfirm.com/?p=523012026-07-25T02:15:26Z2026-07-25T02:15:26Zunderride crashes happen when identifying liability for a truck accident.
More about underride accidents
Various factors contribute to underride crashes across the nation. Here are some key reasons:
Poor visibility can make it difficult to see trailers during low light or heavy weather.
Inadequate truck guards may fail to stop a vehicle from traveling under a trailer.
Sudden stops by large trucks can leave nearby drivers with limited reaction time.
Improper lighting reduces awareness of a truck’s position or movement.
Determining the direct cause of the accident is essential to pinpoint who is responsible for the crash in a personal injury claim.
Why they are so serious
Underride accidents often lead to catastrophic outcomes, such as:
Roof intrusion causing serious head or neck trauma
Airbag failure when sensors do not detect the impact point
Seat belt limitations reduce protection in unusual collision angles
High force from a large truck can crush the front of smaller vehicles
These conditions allow the impact force of a collision to enter the passenger compartment at a point that offers little protection. Given the potentially catastrophic harm they pose, it is essential to determine whether the negligence of the truck driver, the trucking company or another party is responsible for resulting injuries.
If you or a loved one was seriously injured in an underride truck accident, getting experienced legal guidance as early as possible can help you identify negligent parties and pursue the compensation you deserve.]]>On Behalf of Shumate, Flaherty & Eubanks, PSC<![CDATA[Serious injuries can affect several areas of life]]>https://www.eblawfirm.com/?p=523002026-07-17T12:38:08Z2026-07-17T12:38:08ZEconomic 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=522962026-06-24T00:06:09Z2026-06-24T00:06:09ZWhat 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.]]>