The Memorial Day weekend was a deadly one on Kentucky highways. Unfortunately there were seven fatalities. Six of the fatalities involved cars and of the six tragic deaths, five were not wearing seatbelts. The seventh fatality involved a motorcyclist that was not wearing a helmet. My sympathy goes out to all of the families of the victims of these accidents. These deaths underscore the importance of wearing seatbelts when riding in a car or a helmet when riding a motorcycle. It is undisputed that these simple measures save lives.

      Using common sense can be the difference of life and death. I was driving my daughter to school this morning. I Turned from US 42 onto the Gene Snyder and I saw some cars in the median. As I got closer I saw that there was an accident. There were three cars involved. There was debris in the road and smashed cars in the middle of the road. There was also a young girl, who I would wager was still in her teens, that was walking in the middle of the highway talking on her cell phone. Now the police needed to be called, but not from the middle of the road where she was in danger from oncoming traffic.  I flashed my lights at oncoming traffic to serve as a warning. I don’t believe there was any further tragedy, but some common sense would have insured this.

      My point is everyone should use your common sense. It can save your life. Wear a seatbelt when riding in a car. Wear a helmet when riding a motorcycle. Don’t walk in the middle of the road even if your car is there. Use common sense on Kentucky roads and prevent a tragedy should you be in an accident.

I was having diner at Famous Dave’s Saturday night with my bother-in-law, Tom. Tom is an over the road truck driver so I asked him the question: What irritates you the most about car drivers? He didn’t hesitate in his answer at all. Tom says that the cars all the time cut in front of him and do not give him enough room to stop. This is dangerous and down right stupid.

Trucks because of their size and weight take longer to stop and are much more difficult to maneuver. When you add urgency by a driver who is in his own world you are setting the stage for a car accident. If a truck is involved in an accident the damage and injuries are usually much more severe. Driver’s of commercial vehicles are aware of the different way that trucks handle and must be driven. There is special training for this and you are required to have a commercial driver’s license to operate a commercial vehicle. A car driver also needs to be aware of the difficult nature of driving a truck.

Here is my top 10 list of “What Not To Do While Driving A Car Around A Truck”;

1. Merging onto the highway in front of a truck and not accelerating fast enough.
2. Changing lanes without notice or a turn signal in front of a truck.
3. Making a left turn in front of a truck at an intersection without knowing how fast the truck is going.
4. Disregarding a truck’s right turn signal and driving your car in the lane to the right of the truck.
5. Not allowing a truck to merge into your lane of travel when a proper signal is given.
6. Driving in between large trucks, you may not be visible.
7. Driving too close to the truck in an area where a truck driver can not see you in his mirrors.
8. Passing a truck and cutting back in front of the truck.
9. Passing a truck when it is obvious that a cross wind is moving the truck around.
10. Stopping abruptly in front of a truck.

The bottom line is to be aware of the tucks that are on the road and to respect them. By doing this you can avoid being in a truck accident. Make Kentucky roads safe and pay attention.

It is springtime in Kentucky and more and more children will be riding their bikes on and off our neighborhood streets. Many of these will be first time riders that do not yet have the knowledge and ability to observe the rules of the road.  Parents should buy and require their children to wear bicycle helmets while riding their bike.  I know it is a different world (to quote country singer Bucky Covington) from when I grew up. We may road bikes without wearing a helmet or even wearing shoes when we were kids. I know we are here and turned out pretty well, but there are more cars on the road that can injure our children. Children, especially those under the age of 12, should never ride their bikes on or near city streets after dark. 

As a parent it is your job and I believe duty to teach your children the rules of bicycle riding. Doing this will help your children avoid bicycle accidents. Seattle attorney Chris Davis listed several rules that parents should speak to their children about in his blog on Children and Bicycle Accients. These rules should include the following advice:

·        Avoid riding on busy streets.

·        Never cross busy intersections while riding the bike, a child or anyone should dismount and walk the bike across the street in a crossing zone.

·        Teach children to understand and obey all traffic control signals and signs, like Stop and Yield signs. As well as lights and crossing signs.

·        Children should wear bright clothing so they are visible to motorists. Make sure they have reflectors on the bike.

·        Teach children to assume a driver cannot see the child riding the bike, so the child should always make eye contact with the driver when approaching.

·        Try to locate a safe area for your child to ride, like a park or culdesac where there is no traffic. School parking lots are sometimes a great place on the weekend

Bicycle accidents increase when the weather in Kentucky gets warmer and school is out for summer vacation.  Parents need to take responsibility and teach their children safe habits while they are riding their bicycle. Locally there is an organization called Bicycling for Louisville which is funded by the Bike Louisville  progrsm of Louisville Metro Government. The classes are taught by League Cycling Instructors that have been certified by League of American Cyclists. Go to http://www.bicyclingforlouisville.org/classes/ to get additional information, the schedule and to register for this free program.

I urge every parent to be proactive in teaching safety and the rules of the road as their children learn to ride bikes and to re-enforce these rulews as they grow. This will help prevent tragic bicycle accidents. Have a safe and happy Memorial Day weekend.

Bus drivers, train conductors and street car operators are now banned from even carrying a cell phone while they are working and operating the mass transportation vehicle in the state of Massachusetts. This ban went into affect last Wednesday and is reported to be the toughest restrictions put into place by a mass transit agency. Penalties are a 30 day suspension with a recommendation of dismissal for anyone caught talking on a cell phone or texting. I t is a 10 day suspension if you are caught with a cell phone while at work. These rules are response to a trolley accident in a tunnel where 49 people were injured. One of the drivers was texting his girl friend at the time of the accident.

            Any distraction that occupies you while you are supposed to be driving is dangerous. Texting and driving is just plain stupid. I was with friend last year who was so attached to his phone that he was responding to e-mails while speeding down the interstate. Luckily there have been no injuries as a result of his actions.

            Has Massachusetts gone too far in totally banning cell phone use for mass transportation drivers? I think not. It should have been enacted sooner in every state. I think you will see this as a national trend and more and more states will impose similar bands and penalties, and rightfully so. These companies are held to a higher standard and are responsible for the actions of their employees. It can cost them millions of dollars if an accident is caused by a driver while texting, There may even be punitive damages awarded if they don’t take action to prevent this activity.

Unfortunately common sense has left our society when it comes to cell phone use. Whether it is texting and driving, talking on the phone while you are ordering food or letting the phone ring and sometimes even answering it in church we can not stand to be away from our cell phones and disconnected from the world. I applaud Massachusetts efforts. It is a shame that it took a horrible accident to make them enact the procedure. I hope that Kentucky and other states will follow their lead and enact similar rules in the very near future. It will prevent auto and bus accidents and save lives.

It is spring time and bicycles, scooters and walkers are everywhere. Unfortunately there are going to be accidents. One of the questions that people have is who is going to pay for my medical bills and injuries if I am in an accident where I am hit by a car while on a bike, scooter or walking down the street. There are several insurance policies to look toward for payment.

First, let’s look at payment of medical bills. Personal Injury Protection or PIP applies. You first look to the insurance of the car that hit you for PIP benefits that insurance will pay for up to $10,000.00 of medical bills and loss wages. If the car that hit you does not have insurance you would look to your personal car insurance policy. I know you weren’t driving your car, but the PIP Benefits will still apply and pay your medical bills. It is secondary to the at-fault car. Your insurance company will attempt to collect the money they pay for medical bills back from the person that hit you if they choose. If you do not own a car and do not have car insurance you will submit your bills to your health insurance. If you do not have health insurance you may be eligible for the Kentucky Assigned Claims Plan.

Now what about pain and suffering? Do you have a case for personal injuries if you are hit while on a bike, scooter or walking? YES! You will sue the person that hit you. If they have insurance you will deal with their insurance company. If they do not have insurance you would look to their personal assets. Should they have no assets do not give up. You should look to your own car insurance and your uninsured motorist coverage. Even though you were not in your car this coverage may be available to you and pay you for your pain and suffering for your injuries. You need to contact an attorney who is familiar with these claims so he can take a look at your policy. Depending on the policy language you may still be able to recover damages. The point is, don’t give up. Look at all available coverage to make sure you are compensated.

Have you ever been slowing down to stop at a red light when the car next to you goes flying by and runs the red light? I see it all the time. In fact I saw it happen to me this morning on Bardstown Road and it was a TARC bus to boot. Not only had the light turned yellow, but it was red when the bus entered the intersection. Thankfully, the cars coming from the other direction were not timing the lights or there could have been a horrible accident. Maybe I am more observant of this because of my line of work or because I have a daughter who will be turning 16 soon and will be let loose on Kentucky roads. The simple truth is that this is very dangerous and causes accidents. Many times these are car accidents, but often they will involve pedestrians, bicycles and motorcycles because they are less visible. These accidents can also involve more serious injuries. There will be the element of increased speed and the element of surprise.

If you have been in a red light accident you will also have additional problems determining whose fault the accident is. I often see accident reports where the police officer writes that there is no determination of fault due to conflicting stories. Both drivers swear that they had the green light and that the accident was not their fault. These swearing contests are difficult to prove unless you have a witness who stops and is willing to give a statement to the police. Without an independent witness your accident case will have a lower value. It will be difficult to convince the insurance  company to settle or a jury to award you damages at trial.

My point is being careful out there. Traffic lights are there for a reason. Whether it is a traffic light, a crosswalk sighn or some other road sign you should pay attention to them. Stop when you are suppose to and you can avoid being in an accident. Drivers are in a hurry, talking on phones and just plain rude sometimes. Following the rules of the road and obeying traffic lights will prevent accidents.

I was driving home from work yesterday afternoon and as everyone who made the rush hour drive in Louisville, Kentucky is aware it was pouring down rain. As the saying goes it was literally raining cats and dogs. Unfortunately wet roads make the roads slick and dangerous and there were auto accidents everywhere. Everyone is in a hurry to get where they are going, especially on a Friday night. Now I am not going to harp on safe driving habits, we all know what we need to do to avoid car accidents in the rain. What the rain and the accidents made me think about was how many of these accidents were caused by uninsured drivers?

Driving without insurance is becoming increasingly common in today’s economic environment. People have to make the choice as to whether to pay for the mortgage or food as opposed to their car insurance premium. More and more accident victims are coming into my office that have been hit by uninsured drivers. This can be very frustrating or devastating to those people. What do I mean? If you do not carry uninsured motorist coverage on your Kentucky car insurance policy you may not be compensated for your injuries even though the accident was not your fault. I know this isn’t fair and you don’t want to think about the negative, but you need to.

You can control your own fate and that of your family. Pull the declarations page for your car insurance policy out of the file cabinet or drawer it is stuffed into and read it. Take a look at the section that is entitled uninsured motorist coverage/underinsured motorist coverage or UM/UIM. If you don’t have this on your policy call your insurance agent and add it to your policy right now. If you do have it great! However I would like you to take this one step further. Take a look at the amount of your coverage. Is this amount sufficient to protect and compensate you and your family if you have been in an accident? If your answer is no, call your insurance agent and increase your coverage. You will be surprised at how little the additional coverage will cost. This simple step could save you from financial ruin if you are in an automobile accident. Do yourself a favor a give your family an insurance checkup.

If you would like more information on this subject check out my book “What you Don”t Know About Buying Car Insurance Can Hurt You”.

May is Motorcycle Awareness Month in Kentucky. I see the sign on the mornings when I take I-71 to the office in Louisville. It is flashing for all to see. It is summer and all drivers should be aware of more motorcycles and bicycles that are on the road. This advice applies to the riders as well. I have seen some horrible injuries that are the result of motorcycle accidents. I have seen legs that have been damaged for life. I have seen helmets that have saved a life when the rider of a motorcycle comes through the windshield of a car. The resulting injuries are usually severe and life changing for all involved.

Since it is Motorcycle Awareness Month and because I represent those injured in motorcycle accident I was pondering the dangerous nature of riding a motorcycle. I was also thinking about the fun and the adrenaline rush that must go along with it. This got me thinking as to whether there was any way to make the riding of a motorcycle safer without taking away the feeling of freedom. My mind initially went to motorcycle awareness campaigns. I have no doubt that they do save lives, but this does not make the bike safer in and of itself. Then I came across a The Ohio Motorcycle Lawyers Blog where attorneys Boyk, Bruna and Emch talked about a product called the Impact Jacket. I thought this is a great idea. This is basically a motorcycle airbag system. A jacket is worn by the rider that is attached to the motorcycle by a lanyard and an anchoring cable, I assume by a cord similar to a treadmill or Jet Ski. If the rider is ejected from the bike the cord triggers a CO2 canister that inflates the jacket in a mere .05 seconds. The inflated jacket is supposed to lesson the severity of any impact with the road or a car.

This appears to be a great safety device or is it just a gimmick? I think the Impact Jacket should help protect the rider while letting one enjoy the freedom and exhilaration that riding a motorcycle gives.Let’s have a safe Motorcycle Awareness Month.

Summer is right around the corner. The weather is beautiful in Kentucky this time of year and this means that there are more pedestrians, bicyclists and motorcycles on Kentucky roads. When you are out driving and enjoying the weather be extra careful. Don’t be distracted and pay attention to what and who is on the road. This small change in your attitude could safe someone’s life.

Seattle Accident Attorney blog by attorney Chris Davis outlines an interesting program by the Seattle Police Department that I think more cities should embrace. I believe this program and police efforts will save lives. According to Davis, the Seattle Police are starting a program of “sting” operations to catch drivers who don’t stop for pedestrians. The police will be using live decoys. The pedestrian decoy will approach a cross walk and monitor a driver’s response. This is a great idea. I hope we see a similar operation in Louisville, Kentucky by the Louisville Metro Police Department.

Pedestrian accidents can be devastating. They can also be difficult to prove unless witnesses come forward. When a car collides with a person in the crosswalk or on the side of the road the results are almost always life changing. I know that there is a duty on the pedestrian to watch out for a car and many times the accident may be their fault. If a pedestrian is crossing outside the cross walk they may be partly to blame. If a child chases a ball into the street you may be to blame. Don’t take the chance. Slow down and watch out for pedestrians this summer. A crosswalk sting may be coming to a city near you.

As anyone knows a distracted driver is a dangerous driver. I would go as far to say that a distracted driver becomes very dangerous. Believe it or not, most of us are not very good at multi-tasking, especially when we are behind the wheel of a car. Driving is difficult enough, but when you drive and eat, put on make up, talk on the phone or text message you are putting yourself and everyone around you at risk. My old boss used to call cars missiles of destruction in his closing arguments. There is a lot of truth in that statement.

A study released by the National Safety Council last week tested 41 drivers ability to maneuver their cars while engaged in distracting activities, like doing mental math problems and answering questions. I would argue that this is far less distracting than eating a sandwich or putting on makeup, but guess what? They had problems keeping their car in the correct lane and they had a slower response time. Easier activities had almost the same affect as harder activities. The point being eating a sandwich may be as dangerous as text messaging. I find this hard to believe, but agree that any distraction can lower the reaction time and limit one’s ability to avoid an accident.

The point is concentrate on driving or you are going to hurt someone. A distraction is one of the items police look for in evaluating fault in a car wreck. Keep Kentucky roadways safe and accident free. Concentrate on driving and nothing else!