Last month I wrote a blog warning Kentucky auto accident victims that information placed on an accident victim’s social networking site can have an adverse affect on the settlement of their case.  You may have thought that this was Chicken Little yelling that the sky was falling, that I was a little paranoid. Unfortunately a friend of mine, Seattle attorney Chris Davis, has a client that has learned this the hard way. In a blog posted by Davis he tells the horror story of a client that down loaded pictures and videos to his facebook and myspace pages that literally cost him $20,000.00!

            Davis starts his blog with a statement that this is a true story. During the course of litigation Davis’s client posted pictures and videos of himself snowboarding. This was two years after the accident, but before the case was going to trial.  He was going to trial to get compensation for neck and back injuries suffered in a car accident.

Can you imagine the reaction of a jury? They are hearing evidence in a case where the accident victim will be asking for an award of money damages for their pain and suffering. During the trial the attorney hired by the insurance company shows a video of the accident victim speeding down a mountain on a snowboard and then going over jumps, flying several feet in the air and landing with a thump. The case is over at this point.

            I am sorry that Chris had this unfortunate experience. It is horrible to put your blood, sweat, tears and money into a case and work for a client you truly believe in and then have your hard work fall apart before your very eyes. I do want to thank Chris for posting this information so that we can all learn from it.

            You need to be extremely careful in what you post on your facebook, myspace, twitter, etc. You don’t know who will be able to gain access to the information. It may be a potential employer. It could be an insurance adjuster playing cybersleuth. Whether you are a Kentucky accident victim or a Washington accident victim you need to protect yourself by being careful. Learn from this $20,000.00 mistake.

Do car driver side airbags prevent injuries?  There is no doubt that they do. Do these same airbags also cause injuries? Once again there is no doubt that airbags can cause serious injuries. Just ask Louisville, Kentucky’s own William Smock, M.D. who is an emergency room doctor at University Hospital and a professor at the University of Louisville Medical School. I was fortunate enough to see Dr. William Smock speak last month at a trial lawyer’s seminar. Dr. Smock is one of the leading experts nationally who is pushing for warning labels on airbags in cars. He has a proposed warning label for cars that he hopes will prevent some of these serious injuries.

            Dr. Smock has seen injuries from airbag deployment ranging from burns, fractures, eye injuries, head and facial injuries, cervical spine injuries, abdominal injuries, broken arms and severed thumbs.   My understanding is the location of many driver side airbags on the steering wheel is a location that protects but ads danger due to that location. The most common problem comes with trying to blow your horn at the time of impact. Your thumb goes to the horn button located on the side of the air bag and the same time the air bag deploys causing the injury. There are also horns located at the center of the steering wheel. When an auto accident is about to occur the natural reaction is to blow the horn. Your hand is on the horn at the same time the air bag deploys at a rapid rate causing serious injury. As you might assume Dr. Smock recommends not using a horn just prior to an accident.

            Many people who weigh less than 120 pounds or 5 foot 2 inches or less are at risk. These individuals move their seats close to the steering wheel to be able to see to drive. Being that close to a deploying air bag can cause serious injury. As I recall the body should be at least 20 inches from the steering wheel. This will reduce the risk of injury.

            Car accidents happen daily on Kentucky roads. There are serious injuries that occur that we have no control over. Take Dr. Smock’s warning seriously and help prevent these airbag injuries. They will save your life, but they must be respected.

“Be safe on the roads” should go without saying. This is something most of us take for granted whether we are on a bicycle, a motorcycle or driving a car. Brenda Hollingsworth, a friend of mine and a great personal injury attorney in Ottawa told me about a video blog that Lance Armstrong posted this morning before starting Stage 19 of The Tour de France. Let me give you some back ground first.

There was a group of cyclist out riding in Ottawa on Sunday. They were struck and injured by a hit and run driver of a van. A tragic bicycle accident. They are recovering, but the culprit of this crime has not been caught. Lance Armstrong has been posting a video blog each morning during his historic, and dare I say epic, return to the Tour de France. He goes over the stage of the race for that day and makes a race dedication. This morning he also took the time to remember the bicyclists who were the victims of the Ottawa hit and run. Lance stated:

“… there was a group of cyclists hit in Ottawa yesterday by a van that just kept going, a hit and run, and I hope everybody there is doing well and we’re all thinking about you,” said Armstrong on his video blog. “Be safe on the roads, any time you have that interaction of bikes and cars, you never know what can happen.”

Let’s remember Lance’s words when we head out for our evening bike ride or riding to work in the morning. Let’s think of these words every time we get behind the wheel of our car. When we think about being safe we will treat our Kentucky roads differently. Automobile accidents are tragic. Thank you Lance for reminding us what is important and focusing attention on bicycle safety. I know there are hundreds of other things you could have commented on while getting geared up for your race today. I hope to see you on the podium this weekend and I wish the Ottawa cyclists a speedy recovery. Be safe on the roads!

We have all seen the Television commercials where attorneys are offering quick settlements and checks to anyone that has been in an auto accident in the sate of Kentucky, or anywhere for that matter. There are attorneys morphing into tigers, swinging bats and talking to dogs. They are funny and give us a laugh until we realize this is all the information we have to make a decision on hiring an attorney if we have been injured in a car wreck. Lawyer advertising is uninformative and in my opinion a disgrace.

What does this tell you about the attorney and what they do to help accident victims? Not a thing, except we will get you the money you deserve. This is important but it isn’t the whole story. It doesn’t tell you what an attorney can do for you if you have been unfortunate enough to be a victim of an accident case.

When you have been in a car accident you have many questions and problems that you need help with. A personal injury attorney will help you solve these problems with very little involvement on the part of the accident victim so they can concentrate on going to the doctor and getting better.

A personal injury attorney will not only get you the recovery you deserve, but will:

• Educate you about the claims process
• Help you get your loss wages paid
• Help you get your medical bills paid
• Manage all the paper work that is accumulated
• Open the insurance claim and provide relevant information to the at-fault insurance company
• Speak with the insurance adjusters so the accident victim does not have to
• Prepare you when you do have to talk to the insurance adjuster
• Help you get your car fixed or settle for a fair amount if your car is totaled
• Take witness statements
• Sends notification to health insurance and settle those subrogation liens when appropriate
• Gather and review all medical records
• Gather and review all employment records
• Send a settlement demand tot eh insurance company and negotiate an settlement when [possible
• Confirm unpaid medical bills and negotiate a reduced payment
• Take your case to trial
• and be there to counsel you on many aspects of your accident case

Attorneys do a whole lot more than what Television advertisements lead you to believe. There is a whole other side to the practice of law that you can’t get from a commercial. Attorneys are there to protect your rights against the insurance company. They are there to make sure you are not taken advantage of. Lawyers counsel you during a very difficult and often tragic time in one’s life. It’s a lot more than a quick check. If you are in an accident and are injured your attorney is someone who will counsel, guide and fight for you.

There is a new billboard campaign that has been launched by the National Safety Council called “Death by Cell Phone.” The campaign has been launched in 67 markets nationwide. I have yet to see one in the Louisville area. If you know of one post a comment and let me know where it is. Jennifer Smith, who is the daughter of a victim that was tragically killed by a driver using a cell phone, coined the phrase in describing the tragic death of her mother.

            Cell phone usage while driving was addressed by Kentucky in 2009, but did not make it out of committee. Nationwide it is reported that 81% of cell phone owners use their phone while driving. There is little doubt that the use of cell phones distracts drivers and is the primary cause of tragic auto accidents on Kentucky roads.

I have represented accident victims who have been injured by teenagers texting while driving that some how ignored a red light. Today I was conferencing a case where the driver of a motorcycle was apparently using his cell phone when he some how didn’t see the stopped car at a traffic light and slammed into the car at 50 mph.  Tragically, he was not wearing a helmet and is believed to have died in this motorcycle accident. I still can’t believe the driver had his cell phone out while going 50 mph. I take my cell phone while I am riding my bicycle, but the only time I am on it is when I am off my bike and on the side of the road in a safe place.

            Many states have already banned the use of cell phones in motor vehicles in some form or another. Now Australia looks to be jumping on the band wagon in banning all cell phone use in cars, including hands free devices. As a parent I do not allow my daughter to use a cell phone while driving unless a blue tooth is in use. 

We need to pay attention to the pleas of Jennifer Smith, whose mother was killed by a cell phone user. Everyone should listen to David Teater, whose son was killed by a cell phone user. Let’s pay attention to what has happened to these accident victims.

One study links cell phone use as a factor in 6% of all motor vehicle accidents. According to this estimate cell phones result in 2,600 deaths each year. All because we couldn’t wait to text or make a call. This is senseless. It’s not just cell phones, but they are in my opinion the most dangerous. Americans are distracted by the radio or CD, the cup of coffee, polishing nails or putting on make up, or even reading the paper. The time has come to limit the use of cell phones while driving a car in Kentucky. We should follow the lead and help prevent any further needless deaths by cell phone.

            Underinsured Motorist Coverage and Automobile insurance is a boring topic. I know it is but it is something you must be aware of in this day and with the dire economic news that we see and hear daily. Too many people believe they have full coverage on their Kentucky automobile insurance policy. Then they have an accident. The policy is pulled out of the file cabinet. Guess what? They have waived many of the coverages they now need. You can not count on the person that hit you to have the right insurance coverage. You are lucky if they even have insurance.

            I was speaking with a new client a few weeks a go. Unfortunately, he had been in a serious auto accident several months ago. He is going to need back surgery, a cervical fusion, and came to me for some answers. The car that hit him had insurance. That is the good news. The coverage was only $25,000.00/$50,000.00, which is the minimum amount needed to be legal in Kentucky. This means that the liability coverage on the car that caused the accident is only $25,000.00. If they run into another car and hurt someone or cause a death, there is only this small amount that can be collected from the insurance company. They were trying to get the cheapest insurance policy possible and the accident victim really becomes a victim in this set of circumstance.

            But wait. You can have underinsured motorist coverage in Kentucky (this come in a package with uninsured motorist coverage). This is coverage you purchase on your policy to cover any injuries you have in a car accident that isn’t your fault when the insurance on the car that hit you is insufficient. Unfortunately my client had waived this coverage to save a few dollars. He will only have the minimal coverage to collect (the driver had no assets of his own). This will be financially devastating to him and there is nothing that can be done about it.

            Don’t let this happen to you. Pull out your car insurance policy and make sure that you have underinsured motorist coverage. If you don’t call your insurance agent or contact your insurance company and tell them you want it now! DO NOT WAIT. If you have underinsured motorist coverage check your limits. I suggest that you have at least $300,000.00 in underinsured motorist coverage. You will be amazed at how little it will cost you for this increase in coverage.

            I hope you never have to use this coverage, but it is up to you to make sure that your family is financially protected should you be the victim of a tragic automobile accident. Check your policy today.

Just say NO when your insurance agent asks you if you would like to save a few dollars on your car insurance and offers you a PIP deductible. Saving money sounds like a great idea, but the few dollars you save may cost you $1,000.00 if you are in an automobile accident in Kentucky.(PIP is also referred to as No-Fault Benefits or Basic Reparations Benefit).

Most people have no idea what it means to have a deductible on the PIP coverage of their Kentucky automobile insurance policy. Unfortunately, most insurance agents do not adequately explain the consequences or what you are giving up by having a PIP deductible. Instead the agents’ focus is on the amount of money that you will save off of your premium, which is usually only a few dollars a month.

This is a great deal for the insurance company. The amount of money the premium decreases may be only $40.00 per year. Yet if you are in a serious car accident and seek medical treatment the insurance company will save $1,000.00.

Now here is where it gets really interesting. That $1,000.00 is the amount that your insurance company, or as we refer to them the PIP carrier, can not collect back from the at-fault insurance company. Any bills paid that are over $1,000.00 the PIP carrier will be reimbursed for by the at-fault insurance company. So you pay your insurance company a premium for the PIP policy and when it is all said and done they are out of pocket a grand total of zero. Not a bad racket to be in on.

The PIP deductible is as bad deal for you as it is a good deal for the insurance company. If you are in an auto accident in Kentucky, are injured and have to seek medical attention you are responsible for the first $1,000.00 in medical bills out of your pocket. This is because you elected to save $40.00 a year. It would take 25 years for you to be accident free to come out even. The odds are not in your favor.

Plus medical providers will want to be paid. Do you really need the added stress of dealing with bill collectors while you are recovering from injuries from the car accident? I think not.

In some cases deductibles are a good idea. On your health insurance it can save you a ton of money if you are healthy and are an infrequent visitor to the doctor. It is also beneficial on your auto collision coverage. Once again it can save you money. But never should you have a PIP deductible. It only benefits the insurance company and hurts your pocket book and possibly your medical treatment.

You have reached an agreement with the insurance company on your Kentucky accident case. They have sent you a check and you are ready to finalize your case and put the headaches of dealing with the insurance company behind you. There is one last thing you must do before you get paid and that is sign the release. Not a big deal, right? Think again.

Almost all insurance company releases in Kentucky dealing with personal injury cases have an indemnification clause in them. Indemnification means that you, the injured accident victim, are agreeing that the settlement the insurance company has given you is for everything. If the insurance company is sued by someone that says they are owed money for this accident you are agreeing to defend the insurance company against the claim. In other words the money comes out of your pocket.

Releases can be tricky and indemnification clause can have consequences several years after a settlement is reached. A recent case from the Supreme Court of Kentucky discusses this issue, which can be a major financial pitfall to an accident victim, in Coleman v. Bee Line Courier Service, Inc. Coleman had incurred $5,737.00 in Basic Reparation Benefits. This is money her insurance company paid for medical bills and is usually reimbursed by the at-fault insurance company. Ms. Coleman settled her case for $6,500.00. The insurance adjuster faxed Ms. Coleman a “Release of All Claims” which was signed. There was an indemnification clause in the release where she agreed “to hold the released parties harmless and indemnify them for any claims asserted by third parties…including…all medical providers and any other insurance carriers against the proceeds of this settlement.”

When you are signing a release so you can get a check you need to be very careful. Here is what happened next. Ms. Coleman’s insurance company sought reimbursement for what they had paid from Bee Line’s insurance carrier. Citing the release and the indemnity clause Bee Line demanded Ms. Coleman to defend and pay if necessary.

The Supreme Court of Kentucky found that since the release was a general release and did not mention No-Fault Benefits it did not apply to them. They ruled that Ms. Coleman was not contractually obligated to defend reversing the lower courts.

This is good news for accident victims clarifying the law that had been up in the air since the Court of Appeals decision. You still need to be extremely careful when you sign a release. Make sure you understand every term. If the release Ms. Coleman had signed had specifically referenced the Basic Reparation Benefits or No-Fault Benefits she would have been on the hook for that money. You will be held responsible for what you sign. Make sure you know and understand what you are signing so you are not surprised later.