Paducah Legal Issues Blog

When people think of distracted driving, the first thing that often comes to mind is texting while driving. Texting behind the wheel is illegal in Kentucky, but many drivers still feel confident enough that they can get away with it.

However, the Department of Motor Vehicles (DMV) reported that distractions, like texting, led to over 50,000 traffic accidents in 2016 alone. Most people understand that there is a risk, but why is it so dangerous?

When we think of motor vehicle accidents, those happening on the roadways typically come to mind. But surprisingly, parking lots see their share of crashes and accidents, especially during the holiday season. The National Safety Council (NSC) estimates that around 50,000 crashes happen annually in parking lots causing 500 deaths and 60,000 injuries. Many go unreported, so this number may even be higher.

Unfortunately, the number of parking lot crashes increases this time of year when we see additional mall traffic and drivers more distracted with lengthy to-do lists. The number of accidents in parking lots spikes on Black Friday and continues to be high through the holiday season.

Temporary workers, also known as seasonal workers, contingent workers, contract workers or consultants, provide many Kentucky businesses with great flexibility with their staffing requirements. Not only do temps provide extra assistance during busy periods of the year, hiring a worker for a limited term allows the employer to evaluate the individual and determine if he or she may have the potential to be a permanent employee. However, until a permanent job offer is made and accepted, the temp is somewhat of a hybrid worker who completes a work shift at the business but is actually employed by the temporary agency.

The relationship between the business and the staffing agency is essential to protecting the temp worker's rights under federal and state law. For instance, OSHA suggests businesses and agencies take a joint responsibility approach in ensuring the temp's right to a safe working environment. This was done to avoid problems in the past where certain employers used temps to sidestep compliance with OSHA requirements and agencies feigned ignorance of all potential workplace hazards.

When people in Kentucky experience trembling in their hands or shaking when they walk, they may jump to the conclusion that they have Parkinson's disease, the progressive neurological disorder. These symptoms are characteristic of Parkinson's, and family doctors may be likely to diagnose the disorder based on a description of these symptoms. However, without a neurologist's expert opinion, people could be facing an incorrect diagnosis. There are a number of other conditions whose symptoms can mimic those of Parkinson's, but the treatment required is significantly different.

Some experts estimate that Parkinson's disease is misdiagnosed in up to 30 percent of cases, putting patients' health at risk if they do not receive a correct diagnosis and proper early treatment. One of the most common disorders to resemble Parkinson's is essential tremor. This movement disorder leads to uncontrollable shaking in the hands, neck, head, voice box and other areas for brief periods. Doctors note that essential tremor is more likely to be visible during activity, like eating or writing, while Parkinson's disease is more likely to become apparent when a person is at rest.