A couple of months ago I wrote a blog on carbon fork failure and how that failure has the potential to cause a serious accident. The unfortunate fact is there have been cases that have resulted in paralysis. Since then I have spoken with several bicycle mechanics about the subject. When I had my bicycle tuned last week and new wheels put on (by the way I highly recommend the Mavic Kyserium Elite wheels) I had to ask the bicycle mechanic if there was any way to check my carbon fork. After seeing a fork that failed I was a little paranoid. I had looked at my fork for visible defects and ran my hand over the fork to see if I felt any cracks. I didn’t, but felt that there was another way to see if my carbon fork had any signs of fatigue.

I have been told that you can test your carbon fork by removing it from the bike and tapping it with a metal object, such as a knife. You tap up and down the fork. You are looking for a clear pinging sound with no dull sounds. Also, I am told that consistency is a key. Any differences in the sound may indicate a problem. This is a test that is possible to perform at home, although I would suggest having your bicycle shop perform the test. I am much more comfortable with a professional looking for problems, whether it is an attorney, an engineer or a bicycle mechanic.

If your bike has hit a pot hole or a curb you should have your carbon fork examined for a crack or defect. This type of stress may cause carbon fork failure. Be careful and have a qualified mechanic examine your bike and your carbon fork whenever you have encountered stress such as this. It may only take one hole or curb to damage the integrity of your carbon fork.

If I am flying down a hill at 40 mph plus I want to be absolutely sure my bike is in tip top shape. I trust a qualified mechanic at a bike shop much more than myself when performing this test. The primary goal is to prevent a bicycle accident. Proper maintenance is the key to keeping our Kentucky roads safe. I encourage everyone to ride safe and smart. Make sure you have equipment that is in good shape and make sure your carbon fork is not prone to collapse.

As a trial lawyer I take some flack on occasion. Many people see us generally as a group that is out for the money. They see us only as the television commercials portray us. What is not seen is how trial lawyers fight hard for their clients. What is done on a daily basis to ensure that our clients are treated fairly and not taken advantage of. Many times we are standing up for the David against Goliath.

            I have recently run across an example of this. Virginia medical malpractice and personal injury attorney Ben Glass has been fighting a case against Dilake, Inc. on behalf of his client, Juan Jiminez, who is physically disabled. I know you are thinking “so what?” This is what lawyers do all the time. Well this case is a little different. Dilake, Inc. is a charity and Virginia follows what I would call the antiquated Charitable Immunity Doctrine. This doctrine states that a charitable organization can not be sued by a beneficiary of the charity’s services while injured in the care of the charity. This means that there is no right to sue unless Glass can convince the Virginia Supreme Court to change the law.

            Most states have abolished this doctrine. Kentucky did so in 1961 in the case of Mullikin v. Jewish Hospital. This means that in Kentucky a charity can be sued if they are negligent. There is no bar based just on the status as a charity. This means if they are negligent they can not hide behind the shield of Charitable Immunity in Kentucky. An injured person can be fairly compensated.

            Glass’s case is set to be heard by the Virginia Supreme Court on August 26. I hope that Virginia does the right thing and over turns the Charitable Immunity Doctrine. When you hear the news that it has happened remember that there was a trial attorney fighting hard for his client. That justice would not have occurred for Mr. Jiminez without someone in his corner.

I recently blogged on a case were a Facebook and Myspace post of a snowboarding video cost a car accident victim $20,000.00. Chris Davis’s blog on this case has received national attention and  and has lead to Seattle Attorney Chris Davis being featured on the Legal Broadcast Network. Davis states that 30 days before trial he was notified by the insurance adjuster that they had a video of the client snowboarding and going over jumps. This post damaged the accident case and cost Davis’s client $20,000.00 in his recovery. Davis states that the problem with such a post goes to the jury perception of his client. That is whether the client is exaggerating or making up his injuries.

As a trial attorney representing accident victims I know it can be difficult to convey to a jury the gravity of the injury sustained in a car accident in a 2-3 day trial can be difficult. This job is even tougher when a video of physical activity is shown, even if it was taken a year or two after the accident. As an accident victim you do not need to make it easier for the insurance company to defeat your case.

I advise my clients of the dangers of posting on social media sites and how these post can affect their Kentucky accident case. I have previously talked about what can happen and what you should watch out for.

As an accident victim it is important to take listen to and follow the advise of your attorney. My tag line is “Don’t Get Hurt Twice”. Unfortunately this is what happened to Mr. Davis’s client. He didn’t follow the advise of his attorney and he got hurt not only by the car accident but by the insurance company which does what ever it takes to lower the value of his accident settlement and keep the money in their pocket. Use common sense and listen to your attorney so you don’ end up in this situation.

I received a phone call yesterday from a potential client that I just shook my head after I hung up the phone. I was asked this question:

How do I get my $10,000.00? I was in a car wreck yesterday
and I need my money.

This question disturbed me so I inquired further and asked how the accident happened and what the injuries were. The reply was that there was no injury they just wanted their car wreck money.    I get a similar question from someone just about every week. The motive is usually not as clearly for money. It is usually just a lack of understanding of the Kentucky PIP statute and how it actually applies to a Kentucky car accident.

There are bus ads and television commercials you see everyday telling you that if you have been in a car accident you are entitled to $10,000.00. These ads are not lies but they do not tell you the whole truth. They make you believe that there is this magical pot of money waiting for you if you have been involved in a Kentucky car accident.

There is $10,000.00 of benefits available but it is not just because you have been in a car accident. They are there if you have been hurt! Not just because you were in a wreck. A car accident is not hitting the lottery. It is not a way to pay off your bills and put your kids through college. There is not a client I represent who wouldn’t give the money back if they could only be the way they were before the accident.

There are several names for this $10,000.00. It is called:

• PIP Benefits

• No-Fault Benefits

• Basic Reparation Benefits

• Added Reparation Benefits (If you are lucky and have a good insurance agent that has advised you of the availability of these in Kentucky)

The Kentucky No-Fault Statute was enacted by our legislature to make sure that motor vehicle accident victims would receive the medical care they need without being hassled by the insurance company of the car that hit them. I will not go into all of the different benefits here, as I  have written many blogs and a book that thoroughly covers this subject. Basically you are entitled to have your first $10,000.00 of medical bills and or loss wages paid(at a maximum of $200.00 per week). This is money to ensure you get the treatment and care that you need paid by your own insurance company. It doesn’t matter whether the accident was your fault or not. You can still go to the doctor. It is not a windfall, it is a method to ensure accident victims get the treatment and medical care they need.

The next time you see one of the commercials offering $10,000.00 for your car accident you can say I know what that money is really for. There is no give away or lottery. This is money to make sure the injured accident victim gets the medical treatment they need.

The city of Louisville has announced a new community awareness campaign called “Street Sense” with the hope of making our streets safer for bicyclists and pedestrians. The premise is we all share the same roads and should work together to make our Kentucky roads safer for everybody. You will see billboards on the side of the highway , at bus stops and on buses. You will see television spots and web videos. Even the good old fashion print ads will be part of this campaign.

The premise is to educate the public and make everyone more aware of the different ways of traveling on our Louisville roads. The Street Sense website has statistics and safety tips. Statistics automobile/bicycle accidents and automobile/pedestrian accidents include:

• Three  cyclists were killed and another 118 were injured in Metro Louisville in 2008 .

• Twenty-one pedestrians were killed and another 353 were injured. In 2008 locally.

This doesn’t count what has happened this year and in past years.  John Carr was the seventh bicyclist killed in Louisville within the last three years. This was at the Triathlon event at E.P Sawyer State park despite the presence of many other cyclist, cones and off duty police. Kenneth Yates has been charged with drunk driving and murder. In 2005 a drunk driver struck and killed, Charles Barfield, a cyclist on Bardstown Road. The driver was charged with Drunk Driving and Murder. He later plead guilty to Manslaughter in the second degree.

During this same three year period there have been a reported 482 accidents involving bicycles and motor vehicles. I am aware of several in the past month that have resulted in serious injuries that are not reported in the news. This doesn’t take into account the thousands of close calls that have occurred.

There are also tip sections for motorist, bicyclists and pedestrians to make the roads safer. Any serious cyclist will acknowledge that those of us that ride bicycles are not perfect and are the cause of some accidents and some near misses. Unfortunately, when you have the car you will win against a bike. It is up to you to protect the 10 year old boy that is pedaling to a friends house. It is up to you to make sure the mother makes it home to her daughter after a long walk. Respect for others is not a dirty word.

There are many drivers that are openly hostile and aggressive against anyone on a bike. I saw that in comments to a Courier-Journal article. I quote; “Those goofy helmets and spandex shorts are enough to make anyone want to run you down…lol”Not at all  funny and a sad reflection on the attitude of a few people towards bicyclist and runners.

I have been buzzed so close  by a septic truck that I have ridden into a ditch. The person driving thought it was funny to come up behind and get as close as possible and lay on his horn. Not humorous at all from my perspective. I have had Mountain Dew cans thrown at me that thankfully have missed.. It doesn’t take a law degree or a High School Diploma to figure out that these are dangerous activities. It is plain old common sense what you should do and not do on the road.

Most of the Street Sense tips are common sense and you should know them from taking your driver’s test. Unfortunately common sense doesn’t always prevail when we are driving. Abramson says “all we can do is educate and inform.” I agree, but let’s take it one step further and respect everyone on the road.

I might no look great in spandex bike shorts, but do I deserve to be hit? As a cyclist I have the right to ride in the middle of the road, but shouldn’t I be respectful of the cars that are stuck behind me? Give them as much room as possible so they can get by and you can be safe. Check out www.louisvilleky.gov/StreetSense for some great tips. It is a great review whether you are a runner, a walker, a bicyclist or a motorist. Learn what others on the roads are doing and turn your common sense into Street Sense. It will save lives!

There is a texting while driving epidemic in America. I see it almost daily. Not a week goes by that I don’t speak with a Kentucky accident victim that was injured by a distracted driver. Someone texting on their cell phone is the most common cause of these accidents.

A “Distracted Driving Summit” was announced by the federal Secretary of Transportation on August 4, 2009. The senate recently discussed a proposal for withholding federal highway dollars from states that fail to enact laws that ban texting while driving. The meeting is slated to occur in September. Safety experts, academics, elected officials, the police and others will be given the opportunity to discuss strategies to effectively ban texting while driving, cell phone use and other driver distractions with the hope of saving lives.

            Distracted drivers (including texting drivers) were compared to drunk drivers by Transportation Secretary Ray LaHood. Lahood feels that Americans became fed up with their children being killed by drunk drivers and are now tired of the idea that people can text and drive in some states.

Will outlawing this type of activity by drivers save lives?  The Governors Highway Association has mad recommendations that oppose texting while driving. This same group opposes the implementation of laws that have no teeth and cannot be enforced. Fourteen states have a ban on texting and driving. Kentucky currently bans texting only for drivers under 18 and school bus drivers.

Studies show that texting while driving increases the risk of a crash. I don’t need a study to tell me this, but the Virginia Tech Transportation Institute did such a study. It showed texting truck drivers were 23 times more likely to be in a crash or near crash situation.  Cell phone users’ risks increased 4 times. College students fared better in a Study by The University of Utah. The likelihood of this group being in a crash increased 8 times.

Americans are inconsistent on their views about cell phone use. The AAA Foundation for Traffic Safety did a survey. 58% of those surveyed feel talking on a cell phone and driving is a serious threat. This increases to 87% for texting and driving.  67% of this group also said that they had recently used their cell phone while driving. It appears we feel it is okay for me, but not for someone else.

The federal government usually does not get involved with laws about driving; it is left to each individual state. I think it is fair to say that eventually there will be pressure put on states to pass laws or forfeit funding. Kentucky will eventually join the parade of states banning texting and driving, but it will be a while.

Wise up and put the phone down. Distracted drivers cause accidents. I had another client interview yesterday where the auomobile accident was caused by a texting driver that went off the road, over corrected and caused a head on collision. The accident and injuries could have been avoided if the phone was not being used. I wonder what was so important?

As a bicyclist I know that there are dangers out on our Kentucky roads. There is not a ride that I go on where someone doesn’t tell me to be safe. I usually shrug it off, thinking no big deal. I am a safe rider. It won’t happen to me. This weekend was tragic in many ways and will make me stop, listen and be more thankful for the suggestion to have a safe ride.

            In the last weekend here are some of the headlines we have seen about two fatal bicycle accidents:

·        Triathlete Killed By Hit and Run Driver

·        Child in critical, cyclist stable after fatal Radcliff accident

Both of these tragic accidents and deaths may or may not have been avoidable. You can not take the actions of a drunk driver into consideration as you are pedaling down the road, especially in an organized event. In the Radcliff accident the car hit the four bikes from behind and will undergo a blood test as part of the investigation. Alcohol may have been involved in both of these fatal accidents.

The other common factor was the visibility of the bicyclist. When riding a bicycle by yourself it may be hard for a car to see you. This is a complaint drivers have about both bicycles and motorcycles. There are steps you can take to make yourself more visible such as blinking reflectors, bright colored clothing and riding smart. But in these tragic deaths all of the victims were extremely visible.

In the triathlon the victim was part of an organized race. I find it hard to believe that the drunk driver, Kenneth Yates, had not passed and noticed several bikes before the fatal accident that killed John Carr. He was visible and presumably riding safe. There is no justification in my mind for Yates’ actions and the book should be thrown at him.

In the Radcliff accident there were three bikes on the road together. There is visibility in numbers if only the driver was paying attention. Once again the bicyclists appear to have been in the right.

I feel the problem lies with education of non riders in many situations. I was going to lunch yesterday down Market Street and I saw a car driving an entire block in the bicycle lane. They just were not aware that the lane was restricted for bicycle use. Later in the day I received a phone call from a potential client whose son was injured Friday evening when a car hit two bikes passing in front of it. One of the boys was dragged under the car. Thankfully there were no deaths. The driver should have seen the bicycles. There were two of them riding together.

As more and more bikes are on the roads, those that do not ride either for recreation or for transportation need to be aware of bikes and understand how they use our Kentucky roads. I have a “Share the Road” license plate and that is a start, but it isn’t enough. How can we educate the public? What can be done to make every one aware of bicyclists on the road so we do not have another weekend like this?

All drivers need to expect to see a bicycle on the Kentucky roads. It should not be a surprise. Until bicyclists are expected to be on the roads and not considered a second class citizen we will unfortunately have more tragic weekends.

I have a few hot spots that can get me very angry. Irresponsible drivers are at the top of my list, whether it is someone texting and driving or drinking and driving. This morning in Jefferson County E. P. Tom Sawyer State Park held its 28^th annual triathlon. It consists of a half mile swim, 14 mile bike ride and a 3.1 mile run. This particular event is not the caliber of the iron man series, but a family event. Parents often participate with their children.

At what is slated as a fun day ended in a horrendous tragedy. A participant, not yet identified, was killed by a drunk driver. The accident happened during the biking leg of the event. The victim was riding his bike down Chamberlain Lane when he was struck from behind by a motorist. The motorist, 25-year-old Kenneth Yates, did not stop but continued to drive with the victim’s bike on the hood of his car.

An off duty police officer who was directing traffic for the event saw Yates with the bike on his hood and stopped him. At this point Yates fled on foot to a house close by. Yates’ mother returned him to the scene. He was charged with murder, drunken driving and assault on a police officer.

Lance Armstrong told us in his video blog from the Tour de France to be safe out there. Unfortunately there are some things that are out of our control, that being the irresponsible actions of drivers. Kentucky roads are not known as bicycle friendly. Personally I have had some close calls, but no significant injuries. My sympathies go out to the family of this bicycle accident victim.

I would urge anyone who witnessed this fatal bicycle accident to contact the Louisville Metro Police Department so that what they saw can be documented. Every eye witness account is important and can potentially make a huge difference in the outcome of legal proceedings. Whether it is for the criminal prosecution of Kenneth Yates or the civil wrongful death action, eye witness testimony is critical. I f you saw something contact the police.