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Questions Answered by John Amos Whatley
2 Answers | Asked in Personal Injury and Car Accidents for Kentucky on
Q: I need advice on how to take action against an uninsured driver.

In April this year I was a passenger in a taxi and another driver side swiped us. At this point I'm on my third law group and know that the driver that side swiped us had no car insurance. So far I've only been told that I can prosecute them for hitting us and not having any car... View More

John Amos Whatley
John Amos Whatley
answered on Nov 11, 2024

There are two avenues in which a person that is driving while uninsured is held accountable for their actions. The first is the criminal track. Criminal actions are prosecuted by the state. The ultimate decision to pursue a criminal action lies with the state.

The second track is by way of...
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1 Answer | Asked in Medical Malpractice for Kentucky on
Q: On 2 separate occasions I have been prescribed medicine that can kill me and it's well documented in my files

I was admitted both times and was wearing the red warning bracelet and they prescribed it anyways

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

In Kentucky, a plaintiff must meet the burden of proof on all four elements of a tort to be successful in a medical malpractice claim. Those four elements are duty of care, breach of standard of care, causation, and damages.

Duty of Care: Show that a healthcare provider had a duty to...
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2 Answers | Asked in Animal / Dog Law for Kentucky on
Q: My dog supposedly jumped our fence and damaged the neighbors non fenced pool. Are we liable for cost of replacement?

We live out in the country and have seen racoons, opossum, deer, foxes, bob cats, coyotes, stray dogs, ect. around the area. Supposedly one of my dogs got out of our fenced in yard and jumped in our neighbors pool damaging the pool cover and the pool. They have not presented any evidence that it... View More

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

In Kentucky, any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage. See KRS 258.235.

I recommend that you give your homeowners insurance carrier notice of the potential loss. I would also give your neighbor your...
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2 Answers | Asked in Car Accidents and Wrongful Death for Kentucky on
Q: If an at fault person is hit by oncoming car who could have missed him is there wrongful death?

The deceased lost control ended up in opposite lane oncoming car could have missed him but smashed him into ditch and tree and killed him

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

Maybe. It depends on the state in which the wrongful death accident occurred. Kentucky uses a "pure comparative fault" system for automobile accidents and wrongful death cases, where each party involved is assigned a percentage of fault based on their contribution to the accident. In this... View More

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I got a citation for reckless driving disregarding a traffic light, but this is my first offense and I’m a newer driver

Should I hire a lawyer? I assume I’ll likely have slightly leniency no matter what but would it be smart to get a lawyer just in case?

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

You should hire a lawyer. In addition to knowing the prosecutors and local pleading guidelines in your subject jurisdiction, a lawyer negotiating on your behalf will eliminate the risk of you unintentionally incriminating yourself during your discussions with the prosecutor.

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