Shumate, Flaherty & Eubanks, PSCLaw Firm in Richmond KY | Shumate, Flaherty & Eubanks, PSC2026-08-29T16:32:14Zhttps://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[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.]]>On Behalf of Shumate, Flaherty & Eubanks, PSC<![CDATA[Is a pre-existing condition eligible for workers’ comp benefits?]]>https://www.eblawfirm.com/?p=522902026-06-07T23:12:57Z2026-06-07T23:12:57ZWorkers 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=522892026-06-02T11:48:35Z2026-06-02T11:48:35ZMotorcyclists 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=522872026-05-19T18:16:36Z2026-05-19T18:16:36Zseem 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=522812026-05-05T11:15:29Z2026-05-05T11:15:29ZIt 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.
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