Wilson, Stavros, Rowsey & Thomas

What leads to drowsy driving or fatigued driving?

2025-09-12T09:46:26Z

Drowsy driving, also known as fatigued driving, occurs when a person operates a motor vehicle while feeling excessively tired or sleepy. It can lead to impaired motor skills and even reduced cognitive abilities, increasing the risk of accidents. In these ways, it is similar to drunk driving. Why does it happen? Part of the issue is just that people often do not see fatigue as a reason to pull over in the same way they would with alcohol impairment. They continue trying to drive even when it’s apparent that they are far too tired to do so safely.

Lack of sleep

The most common reason for fatigued driving is simple: Failing to get enough sleep. A consistent lack of sleep can lead to fatigue and sleepiness all day long, as can poor-quality sleep. Someone who is spending 16 hours a day at the office while trying to finish up a project, is going to be more likely to cause a drowsy driving accident than someone who put in a standard day at the office after getting good sleep the night before.

Sleep disorders

Conditions like sleep apnea, insomnia and narcolepsy can disrupt sleep patterns, making individuals more prone to drowsy driving. Even simply being sick with a cold could mean that someone doesn’t get the solid sleep that they need. But chronic sleep issues are even more problematic.

Irregular work hours

Shift workers, people with irregular work schedules, or those working long hours are at a higher risk of drowsy driving because their sleep patterns are often disrupted. For instance, someone who works during the night may try to sleep during the day, but they may realistically not get the eight hours of sleep they need each day.

Medications

Certain medications, such as sedatives, antihistamines and some prescription drugs, can cause drowsiness as a side effect, making driving dangerous. It’s very important for drivers to consider whether or not they can operate heavy machinery safely after taking these medications.

What if an accident happens?

To prevent drowsy driving, it's essential to prioritize sleep, maintain a consistent sleep schedule and be aware of the signs of fatigue. Unfortunately, not everyone does this, and drowsy drivers continue to cause accidents. Those who are injured must know what legal options they have available as they may be in a strong position to seek compensation for medical bills and other costs.

Timeshares and bankruptcy: What happens?

2023-09-28T19:45:56Z

Owning a timeshare can start as a dream vacation plan but can sometimes become a financial nightmare. Whether due to changing life circumstances or dissatisfaction with the timeshare, some owners want to escape the financial burden. When that happens, timeshare companies often employ a variety of collection tactics to ensure they get paid. Timeshare companies usually start with constant phone calls and letters demanding payment. If that doesn't work, they may escalate to reporting the delinquency to credit bureaus, affecting the owner's credit score.

What about legal action and liens?

Timeshare companies may also take legal action against the owner, leading to wage garnishments or bank account levies. Additionally, they can place a lien on the property, making it difficult to sell or transfer until the debt is settled. In extreme cases, they might even initiate a foreclosure process on the timeshare property. These aggressive tactics can add significant stress to an already troubling situation.

Can bankruptcy alleviate the problem?

Filing for bankruptcy puts an automatic stay on all collection activities, including those from timeshare companies. The effectiveness of bankruptcy in terminating the timeshare contract varies depending on several factors. It is best to talk with an experienced bankruptcy attorney to weigh your options and discuss the best way to proceed.

What should you do after a car accident?

2023-09-06T05:44:15Z

Being involved in a car accident can be stressful and confusing. You may not know the steps to take immediately after, and this can negatively impact your claim in the future. For this reason, it's vital to stay calm and make informed decisions. Here is what you should do after a car accident:

Exchange contact and insurance information

You should ask the other driver to provide you with their vehicle's registration number, their name and address and the identifying information of their passengers, if any. You should also exchange insurance information. It's usually best to let the responding officer at the scene handle this so that you have minimal contact with the other driver. That can ease hostilities and keep you from saying anything that could be construed as an acceptance of fault.

Move your car away from traffic

If the accident does not result in a known or visible injury or death and none of the vehicles was transporting hazardous material, you should move your car, especially if you are on a busy road. Move the vehicle to a safe place close to the accident scene without obstructing traffic. If you can't move the vehicle for a reason unrelated to the factors mentioned above, you can permit a person with a valid operator's license to do so. The responding police officer may also move your car, if necessary.

Take photos of the damage and scene

It is best to take photos of the vehicles' positions, damages to your car, the surrounding area and any debris in the road before and after moving your vehicle. If you can't gather such evidence, consider asking someone at the scene to help you. These photos can be invaluable if there needs to be an investigation into the cause of the accident or a determination of fault. If you are involved in an accident, you should obtain adequate information to understand your options and legal rights.

Why should you embrace the best interests of children standard?

2024-10-23T06:03:49Z

The best interests of the child standard is a legal principle used to determine parenting time arrangements in a divorce or separation involving kids. Kentucky family courts use the standard to ensure parenting time agreements preserve kids' physical and psychological well-being.

Many parents resist court involvement in matters related to their children. Although understandable, you should know that the best interests of the child principle is often the ideal way to protect them if your marriage falls apart.

What does it do for kids?

Contrary to common belief, family courts use the standard to preserve the integrity of the family unit even when the parents cannot remain married. It ensures children of divorce can spend quality time with each parent, helping them accept the divorce and maintain happy, healthy lives.

Other possible benefits of the standard for children include:

Preserves routine and stability for children
Protects the parenting time rights of both parents
Keeps children out of potentially dangerous living situations
Helps ensure children suffer as few harmful divorce effects as possible

If you feel uncertain about how to protect your children when divorcing, consider learning more about the best interests of the child standard.

What if it fails?

Of course, the custodial needs of some children and parents may fall through the cracks when courts decide or approve parenting plans. That is where legal guidance can serve your family’s interests.

Your representative can help you make a strong case for why you disagree with the court’s decision. If you realize your parenting time plan is not working after your divorce, your counsel can play a vital role in helping you submit a request to modify your arrangements.

What causes wrong-way car accidents?

2023-08-18T06:33:19Z

It's obvious to any motorist (or should be) that driving the wrong way on a Boyd County highway is extremely dangerous. But wrong-way drivers still cause extremely violent car accidents throughout Kentucky. Any type of collision can cause severe disabilities and death, but a head-on crash between two vehicles usually causes catastrophe. Not only is wrong-way driving incredibly dangerous, but it also would seem to be easy to avoid. As a responsible driver, you might not be able to imagine driving over a highway's concrete median or even yellow dividing line, let alone entering the road through an exit ramp. And making such a terrible mistake is indeed very difficult if you are sober, paying attention and following the law. But not everyone on the road is that responsible.

Five ways a driver can end up going the wrong direction

Common reasons that drivers wind up going the wrong way on the highway include:

Drunk or drugged driving
Distracted driving
Driving while drowsy
Dementia or mental illness
Unfamiliarity with the area leading to a mistake

In some cases, it isn't the driver's fault. The county or state responsible for maintaining the road sometimes fails to post proper signage, keep onramps and exits well lit or design entrances and exits so poorly that their use is not obvious. If someone enters the highway on the wrong side due to government negligence, the agency responsible might be liable for any resulting injuries. Otherwise, it's the wrong-way driver and their auto insurance company who must pay after a preventable car accident. As the victim or the survivor of someone killed in the crash, you might be entitled to substantial compensation for things like medical bills, lost wages and pain and suffering.

How do you talk about divorce to your kids?

2023-08-14T07:45:08Z

You’re going through a divorce and you realize your children will eventually learn about the news. You may want to help your children process the news. Talking to children about divorce can be difficult. But, with the following considerations, you can make this task easier:

1. Embrace the talk early

Many parents put off talking about their divorce until the very last minute, which can be confusing and startling for children. You may want to consider having an early talk with your children about your divorce. By having this talk early, you can help your children process the news and prepare for the changes to come.

2. Consider the ages of your children

Parents often learn that they need to simplify information for their children to understand complex topics. In other words, it can help to consider the age of your children before you talk to them about divorce. Infants often can’t process complicated subjects like divorce and may naturally adapt to their surroundings after their divorce. A grade-schooler will see the changes that happen around them during the divorce. So, you may want to have a simplified discussion about what divorce means when talking to a grade schooler. A teenager may understand what divorce means and may benefit from a detailed conversation.

3. Talk about what will be different after the divorce

One thing you can do to help your children prepare for the future is to be open about what will happen once the divorce is over. For example, your children likely are strongly attached to their school and friends. If you’re planning to move after your divorce, you may want to inform your children that they will need to transfer schools and that means making new friends.

Understand your legal rights

While you want to prepare your children for your divorce, you also need to prepare yourself. You may need to learn about your legal rights as you prepare for a future with your children.

Title loans and bankruptcy: Important considerations

2025-09-12T09:44:24Z

When you’re short on money and short on credit, title loans may seem like they offer a quick solution. A lot of people with damaged credit and few resources turn to them when they need a fast influx of cash to cover an emergency. What happens, however, if you have a title loan on your vehicles and you decide to file for bankruptcy? Can the lender take your car or truck?

Initially, the automatic stay will probably protect you

When someone files for bankruptcy, it triggers an “automatic stay.” This is a legal order from the court that requires your creditors to suspend most collection actions while the bankruptcy proceedings are in motion. Unless they meet an exception or the bankruptcy trustee gives the lender permission, your vehicle can’t be repossessed for the loan right away.

What happens next may depend largely on your bankruptcy

You have more than one option when you file bankruptcy, and which is right for your situation can depend on a lot of different factors, but the type of bankruptcy will have an effect on your title loan. In a Chapter 7 bankruptcy, unsecured debts and secured debts are treated differently. Unsecured debts, which typically include credit card bills, some personal loans and medical bills, are generally discharged – but a title loan isn’t unsecured. When you obtained your title loan, you had to offer the lender your vehicle as security in case you failed to repay the debt. Typically, this means that you’ll either have to surrender your vehicle to the lender or see if you can work out some agreement to repay what you owe. In a Chapter 13 bankruptcy, debtors typically can include title loans in their bankruptcy repayment plan, which may make it much easier to keep your vehicle. In this kind of bankruptcy, your debts are typically restructured to an affordable payment plan. Regardless of your financial situation, it is smart to consider all your available options and seek legal guidance to make informed decisions about your financial future. If your financial situation is already pretty dire, it may even be wiser to think about filing for bankruptcy instead of resorting to high-interest title loans.

Why motorcycle accidents are more deadly

2023-07-21T04:03:59Z

Over 40 thousand people are killed every year as a result of road traffic collisions in the U.S. A significant number of these crashes involve motorcycles. The reality is that motorcyclists are much more likely to suffer severe injuries in an accident. In fact, the risk of fatality in a motorcycle accident is much more significant than in other types of crashes. Why is this the case?

Motorcyclists have less protection

Cars and trucks have protective shells that surround their drivers. In most cases, these shells have been safety tested and designed for optimal performance during a collision. They should, in theory, absorb much of the force during a crash. A motorcyclist has no protective shell. If they are involved in a crash, they rely on the safety equipment they are wearing, such as leathers, gloves, knee pads and helmets. Even the best safety gear cannot offer the same protection as the exterior shell that most other vehicles offer.

Motorcycles are less stable

Another issue for motorcyclists is that their vehicles are less stable. Driving on two wheels requires balance, which makes steering and braking much more difficult. In a high-speed crash, motorcyclists are often forced off of their bike, which means their bodies are exposed to high impacts. Stopping quickly on a motorcycle requires a lot of skill and technique and it isn’t always possible if another road user has behaved unexpectedly. As a motorcyclist, you are entitled to use the roads without your safety being unnecessarily jeopardized. If you have been injured in an accident that was the result of another’s negligence, you may be able to hold the negligent party to account. Seek legal guidance to find out more about your options.

Can a shattered windshield cause injuries?

2023-07-21T04:03:49Z

Generally, the windshields of most vehicles are made from laminated safety glass. This means that there are two sheets of glass with a layer of laminate in between them.

This glass is sometimes also referred to as safety glass. The glass of a windshield is designed so that it does not break into big shards, but rather, it shatters into tiny crystals.

Nevertheless, tiny crystals of glass are still sharp and they can cause injuries. Outlined below are some of the more common injuries associated with broken windshields.

Lacerations

Many accidents occur at high speeds with tremendous amounts of force being generated. In such a scenario, any object that flies through the air can be dangerous. Small pieces of glass that travel at high speeds can do serious damage. For instance, pieces of glass can penetrate the skin and cause deep lacerations that may scar.

Eye injuries

As mentioned, small pieces of glass essentially become missiles during a collision. If crystals end up in the eyes of the driver or passengers, they can cause cuts and corneal abrasions. In some cases, the eye damage sustained from glass crystals can be severe, meaning that the victim has to undergo surgery and rehabilitation.

Severe injuries

Of course, even when the windshield is smashed, the laminate will generally keep large parts of it in place. In the event that a driver or passenger should be launched from their seat, the windshield is a solid object for them to hit.

If you’ve been injured in a car accident that was the result of another driver’s negligence, it’s important to think about your medical needs and your rights. Seek legal guidance to find out if you may be entitled to personal injury compensation.

Should I fight for my marital home when divorcing?

2023-07-11T04:46:28Z

Your differences are irreconcilable. So, you’re getting divorced. This is, without a doubt, a difficult life experience for anyone. One of the most important decisions you’ll have to make (either during negotiations or with the help of the court) is how your marital property will be divided. One of the most sought-after assets during divorce is – oftentimes – the family home. You may have valid grounds for claiming your family home. Perhaps, you are having primary custody and you want to maintain the status quo as far as your kids’ accommodations are concerned. But should you fight for the home during your divorce? Here are two questions you’ll need to ask before going all in for your marital home.

Can I afford it?

From mortgage payments to property taxes, home insurance and maintenance bills, home ownership comes with all manner of costs. While you were in a two-income household, chances are that you shared these bills. On your own, however, you might be overwhelmed by these expenses, especially if you are also expected to honor other obligations like child and spousal support. If you cannot afford your home, then fighting for it could be a consequential misstep.

Will you need to refinance the mortgage?

If you and your spouse signed up for the mortgage together, then the home belongs to both of you as far as the mortgage company is concerned. Most often, divorce is not grounds for removing one party from the mortgage. The only way you can remove your ex’s name from the home is through mortgage refinancing. But mortgage refinancing is not cheap. If you cannot afford to refinance the home, then you may benefit from moving elsewhere.

Protecting your interests

Property division can be a contentious subject during divorce. Learning more about Kentucky property division laws can help you protect your rights and interests while handling the issue of your marital home and any other issue that may be important to you. Seeking legal guidance is a good place to start.