Edwards & Kautz
Protecting your rights in western Kentucky

May 2015 Archives

Can I Recover Damages If I Was Injured in a Motorcycle Accident, But I Wasn't Wearing a Helmet?

In the state of Kentucky, motorcycle helmets are mandatory for people under the age of 21. If you are injured in a motorcycle accident while not wearing a helmet, it could have an impact on your recovery of damages. Not wearing a helmet, no matter your age, does not necessarily bar recovery after an accident. Anyone seeking to recover damages after an automotive accident must prove negligence for a determination of fault to be made. Kentucky is a comparative negligence state, which means fault can be apportioned to one or more parties. If you have been injured in a motorcycle accident, contact a motorcycle accident attorney in Kentucky who is familiar with state-specific laws governing rules of the road. Helmet Laws in Kentucky According to National Highway Traffic Safety Administration estimates, for every 100 motorcyclists killed in a crash while not wearing a helmet, 37 would have survived if they had been wearing a helmet. For this reason, Kentucky law requires helmet use for:

Consequences of a Boating Under the Influence (BUI) Conviction

In Kentucky, it is a crime to operate a boat, Jet Ski, water skis, or similar devices while under the influence of any substance that could influence your ability to operate the equipment. You are considered to be under the influence if the concentration of alcohol in your blood is 0.08% or above (.02% or higher if you are under 21). You can also be charged if a blood test shows illegal drugs or prescription drugs for which you don't have a prescription. The penalties for BUI in Kentucky depend on how many times a person has been convicted. First offense: $200-$250 fine Second offense: $350-500 fine Third offense: $600-$1,000 fine, jail time, or both a fine and jail time. Court costs and a safe boating course can be ordered as well. If you are suspected of operating a boat while under the influence of a substance you may be asked to take a breathalyzer test, blood test or both. In Kentucky, refusal to take a test my constitute an offense as well. Getting a ticket is just the first consequence of BUI. You will need an attorney to represent you in the process. When you are stopped by an officer of the law, remember that anything you say can be held against you. You need a qualified BUI lawyer to look into your case to see if the arrest is valid. Boating is more dangerous with alcohol. When you are on a boat, the motion, sun, wind and spray cause you to tire quickly even when you are not drinking. Drinking may increase these effects, impair your judgment, and affect your ability to operate a boat safely. You drive a car all year; you operate a boat a few days a year. You are understandably less confident on water than on land and that can add to the danger. If an accident happens as a result of your drinking and boating, you may be taken to jail. You need a qualified lawyer to protect your interests. If you have questions about Boating Under the Influence, contact Edwards and Kautz to discuss it. Our attorneys can help. Call us anytime 24/7 at 866-795-5087 or by filling out a FREE consultation form on this website.

Minor Fender Bender vs. Major Collision: Determining When You Need a Lawyer

If you have been injured in a car wreck, ask yourself these questions before contacting your local Kentucky auto accident lawyers: Do I Have No-Fault Insurance? In Kentucky, drivers are required to buy no-fault insurance policies, unless it is rejected in writing. These policies pay for medical expense and wage loss regardless of fault. However, no-fault policies may limit your ability to file a bodily injury claim. Local auto accident lawyers have experience with no-fault policies and can help you determine if you have grounds for filing suit. If you have no-fault insurance, but you have experienced any of the following, consider discussing your case with an auto accident lawyer:

Edwards & Kautz Employee Speaks at CAFO Birthmother Workshop

Ali Watson, of Edwards & Kautz Law Firm, partnered with the Christian Alliance for Orphans (CAFO), along with thousands of foster and adoptive parents and orphan advocates at the CAFO 2015 Summit this past weekend in Nashville, TN. The annual event, held at Long Hollow Baptist Church, contained over 100 workshops and hosted well over 2,500 people. "It's like drinking from a fire-hydrant, there's so much information!" says Kay Warren, wife of Rick Warren and author of Dangerous Surrender. CAFO is an alliance of over 140 Christian organizations that work together to inspire and equip Christians to care for orphans with wisdom-guided love. Their mission is to raise awareness and expand until all orphans are cared for through the church. Watson spoke for a workshop entitled, "Honoring & Loving Birth-mothers: The Experts Speak." The workshop was led by Margot Starbuck, a prolific writer on parenting and adoption, and published author of The Girl in the Orange Dress. The goal of the workshop was to facilitate a discussion about foster or adoptive parents' relationship with their child's birthmother--and how to nurture that relationship. Watson was a speaker, a panelist, and held an open Q&A session. "I spoke about the relationship with my two year old daughter, Olivia, and her adoptive parents; my reasons for choosing adoption; the positive impact adoption has had on my life and the lives of my entire family." Show Hope orphan ministries--a big supporter of CAFO--reached out to Watson and asked her to speak. "Actually, the contact was initiated by a cousin of my daughter's adoptive parents who works for Show Hope," says Watson. "I've remained active with the agency I used for my adoption by speaking at adoptive couple workshops and by counseling women on the crisis pregnancy hotline. But this was on a much larger scale, and something I will remember forever." Watson was the only birthmother who spoke at the workshop, which she found to be "an extremely humbling experience and responsibility." She plans to attend the conference again next year, whether as speaker or attendee. *photo courtesy of Christian Alliance For Orphans

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Edwards & Kautz

Edwards & Kautz
222 Walter Jetton Blvd
Paducah, KY 42003

Phone: 270-908-4914
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