Edwards & Kautz
Protecting your rights in western Kentucky

April 2015 Archives

Selecting the Best Brain Injury Attorney

According to the Centers for Disease Control and Prevention, "Traumatic brain injury (TBI) is a leading cause of death and disability among children and young adults in the United States." As a result, 80,000 to 90,000 people experience long-term disability. Protecting Yourself and Your Family Brain injuries can impact your life in many and often costly ways. If you or your loved one's brain injury was caused by someone else's negligence, medical malpractice, or a traumatic accident, you need to take steps to protect yourself and your family. Finding the right brain injury attorney is a main priority. A brain injury, from either a concussion or a major trauma to the skull and brain tissue, changes the way you interact with your everyday life. Some questions that many people have after suffering a brain injury include:

What You Need to Know When Suing a Truck Company

Auto accidents involving a commercial truck are different than a standard car accident when it comes to pursuing legal action. Suing a trucking company requires a few extra investigative steps that may require an attorney's legal experience in dealing with trucking accidents. Determining Fault The first course of action in any accident is determining fault. At the scene of the accident, the police officer assisting the situation generally assesses fault against the presumed responsible party. If possible, while waiting for the authorities to arrive, gather information such as the driver's name, license plate number, and, if applicable, driver/truck number and employer name. The person the officer presumes at fault is not always the driver truly at fault, and if additional investigation proves necessary, this information will be invaluable. Who Do You File the Lawsuit Against? When dealing with commercial trucks you are usually dealing with two legal entities: the driver and the trucking company. This makes suing a trucking company different than your average automobile accident. You can sue both the driver and the driver's employer, if the driver is an employee of a trucking company. If the driver is an independent contractor, he presumably has fewer assets with which to compensate you and you may need legal assistance help you determine the best course of action. Trucking companies are held responsible for the negligent driving of their employees, so determining all the companies and individuals involved with the truck is important. This is where the information you collected at the scene of the accident comes in handy. When suing a truck company, you might also sue the owner, the leaser of the truck, and the company who acquired the services of the trucking company to ship the goods. Additionally, it's important to look at factors involving the truck itself to see if there is a claim against the trucks manufacturer or servicing company. Your attorney can help make sure all of the correct parties are held responsible. Seeking Compensation Your lawyer may determine if it is best to sue the trucking company alone and not the driver. Remember that when suing a truck company, you do so seeking compensation; either for your vehicle, an injury, lost time at work or a combination of all three. While bringing the driver to justice may seem desirable emotionally, doing so is not as profitable as suing a trucking company. If the trucker is an independent contractor and has no ties to a trucking company, it may only be possible to file suit against the driver. Alternatively, depending on the facts pertaining to the trucking company, the judge can toss out everything except the case against the driver, which can significantly reduce the dollar amount of your reparations. Only a legal advisor familiar with the process of suing a truck company in your particular jurisdiction can help you determine which course of action will benefit you most. For help with your case, no matter the scenario, contact Edwards & Kautz for your free consultation or call 866-795-5087. Edwards & Kautz is located in Paducah, Kentucky and serves most of Western Kentucky, Southern Illinois, Northwest Tennessee and Southeast Missouri.

Aaron Harper

Personal Injury

Chuck Tveite

Personal Injury

Will Kautz

Criminal Defense

Client of Edwards and Kautz Facing Second-Degree Manslaughter Found Not Guilty

Attorney Dave Bundrick Successfully Defends Client Facing 20 Years in Prison Paducah, Kentucky: Criminal defense attorney Dave Bundrick successfully defended a client accused of second-degree manslaughter, knowing abuse of an adult by a caretaker, and first-degree criminal abuse. Bundrick and his client originally accepted a plea bargain that was rejected by the judge before the trial date was set. Prosecutors offered a two-and-a-half-year prison sentence in exchange for a guilty plea to wanton abuse by a caretaker. Wanton abuse refers to disregarding a substantial risk that a person is being abused. After Bundrick and his client had accepted the offer, a judge rejected it because he found that the sentence was too lenient. The case was scheduled for a three-day trial, starting Wednesday, March 25.  After the conclusion of the evidence Thursday afternoon, the judge threw out the charge first degree criminal abuse, ruling that the state could not pursue both types of abuse charges. The jury deliberated for 65 minutes and returned with a verdict of "Not Guilty" on the counts of second-degree manslaughter and knowing criminal abuse. The client received a misdemeanor conviction for reckless abuse of an adult by a caretaker, which could have carried up to a year in jail. The jury then deliberated on punishment for less than 15 minutes, returning to the courtroom with a final sentence of a single fine. Edwards and Kautz congratulates Dave Bundrick on another successful trial. Bundrick is a graduate of the University of Kentucky School of Law and joined the firm in 2010. Before joining the firm, he was a public defender for four years, trying cases from minor traffic offenses to murder. About Edwards and Kautz: Edwards and Kautz have over 60 years of combined experience practicing personal injury, car wreck, and criminal defense in Paducah, Kentucky. They serve most of Western Kentucky, as well as the surrounding area.

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Edwards & Kautz

Edwards & Kautz
222 Walter Jetton Blvd
Paducah, KY 42003

Phone: 270-908-4914
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