Pedestrians and bicyclists beware! The Smart Car could get you. A problem has arisen with the national trend toward the development of electric cars. Electric cars make very little sound. That is a good thing for a driver and a passenger trying to carry on a conversation, but a potentially dangerous situation for pedestrians and bicyclists. Bicycle accidents and pedestrian accidents can be deadly.

The goal of the manufacturers of electric cars has been to develop and make them as quite as possible, as if the occupants were riding on air. This lack of noise and quietness can be extremely dangerous for those who depend on the noise of a car to avoid an accident. When I am out on the road riding my bicycle it is hard for me to hear an electric car until it is right up on me and passing me. It is as if it appeared from no where.

My wife has had the same experience while she is out walking for exercise. She trains for walks as long as 26 miles. I have heard her complain of cars sneaking up on her. This can be dangerous for all concerned. It is just as dangerous for a pedestrian crossing the road at a crosswalk. If a car making a turn and coming around the corner it is out of the sight of the pedestrian. The likelihood of an accident is increased if the pedestrian is not able to hear a car coming. I suspect that this is an even greater problem for the visually impaired.

Engineers are developing ideas to equip electric cars with artificial noises. Maybe in the future you will be able to pick the sound your car makes as it goes down the road much the way you now pick ring tones for your cell phone. I might pick a Jimmy Buffett song for my car.

At a meeting this September Nissan presented several proposed sounds to the National Highway Safety Administration. These artificial noises included:

·        The Chime

·        The Melody

·        A Futuristic Whirl

Congress is looking into legislation that would require vehicles to give “non-visual” warnings to pedestrians. There is a divide as to whether these sounds should be added to the electric car.

I believe adding sounds to an electric car will help to prevent some serious and deadly automobile accidents involving pedestrians and bicycles. This is especially true in the city. Without some sound coming from a car a bike or a pedestrian has very little chance of avoiding a serious accident.

Several years ago I was waiting for the light to change so I could cross. I was standing at the corner of 5^th Street and Muhammad Ali Blvd. I had my mind on a court hearing I was headed to. As the cross walk sign changed from “Don’t Walk” to “Walk” I put my foot over the curb and stepped into the cross walk. As I was doing this I heard a loud noise and instinctively stepped backed as a bus roared by me as it ran the red light. I was very close to becoming a hood ornament. Without the noise the bus made I am sure I would have been.

There are sounds on crosswalks and in elevators. Putting a noise or warning system on electric cars seems like a no brainer to me. It will make Kentucky roads safer and give bikers and walkers a chance at avoiding a serious car accident.

I know I am obsessed with the idea of my 16 year old daughter getting her permit and starting to drive. I have been an attorney too long and am perhaps a little paranoid, but then again maybe not. I am going to run a situation by you. Consider these facts:

·        You have a child that is 17 years old.

·        Your child has five previous speeding tickets; several of these tickets have speeds in excess of 100 mph.

·        On two occasions a parent was in the car with the child when the child got a ticket for going over 100 mph.

·        Your child is a professional “drift” driver, a motor sport that involves controlling a car while it is going sideways at a high rate of speed.

·        It can be proved that one of the child’s parents made the statement “Oh, I love it, I love it. The rush, the speed on the road, stereo blasting, heart pounding, racing in between all cars, dodging the cops, it’s awesome.”

·        The car the child drives was modified to increase its horse power.

·        A parent had purchased beer that the child had later drunk with the parent.

·        The child was later driving at an excessive rate of speed with a passenger.

·        The child was intoxicated.

·        The child was racing another car from light to light.

·        The child lost control of the car and crashed into a tree.

·        The passenger was severely injured and in a coma.

I wish I could say this is an episode of Boston Legal or that I made it up, but I can’t. This is the basic facts contained in a lawsuit filed against Terry Bollea, his wife Linda and their son Nicholas in Florida Circuit Court. This will make more sense when I tell you that Terry Bollea is also known as Hulk Hogan. All of the tragic facts I have listed are alleged in a lawsuit filed by the passenger in Nicholas Bollea’s car, John Graziano. I know this case is over two years old and is old news but it makes me think as to the message we send new drivers and how this message can affect us.

This lawsuit is a little different because it not only names the at-fault driver as a defendant, but it also names the parents of that driver who was a minor. The lawsuit lists several theories of liability on the Hogan’s, or the parents. These theories are based on the parent’s knowledge of the son’s activities and their condoning those activities. The attorney that filed the lawsuit, Kimberly Kohn, stated that “They not only encouraged it but they did not take appropriate action to stop it and protect the public.” The lawsuit states that Terry Bollea (Hulk Hogan) is directly liable for the actions of his son under Florida statutes. The theories laid out include:

·        Improper Supervision

·        Alcohol Use

·        Negligent Entrustment

·        Failure To Exercise Parental Control

·        Ratifying The Conduct

·        Allowing The Son To Operate A Car While Intoxicated

This is an extreme and tragic situation involving two fiends. Lawsuits only give an outline of the Plaintiff’s side of the story. Hulk Hogan reportedly stated that there are eyewitness accounts that say that the boys were not racing.

The legal theory of negligent entrustment is a viable cause of action in Kentucky. A parent under extreme circumstances can be held liable for the actions of a minor child, even a 17 year old child. One needs to be careful how they teach a child how to drive, the proper way to handle a car on the roads. Accident prevention is key and begins when a 15 year old first thinks about driving. They are watching what the parents do.

By sending a new driver signals that it is okay to drive at a high rate of speed what are we telling them by our words or our actions? That the laws of the road are made to be broken? These are the very laws that are in place to protect us from being injured in car accidents. This message makes our Kentucky roads dangerous and leads to serious and deadly automobile accidents. We need to be very careful the message we give our young drivers.

I learned this lesson earlier this week when my daughter took her permit test. She missed a question involving merging onto the high way. Her options were narrowed down to accelerate and merge or decelerate and merge. Her gut reaction was to accelerate and merge. She marked it and then erased the answer and changed it to decelerate and merge. Why did she change the answer?  On the way to school that morning I was merging onto the Watterson and had slowed down to let the car in the lane of travel go by. Since I had done it on this occasion she missed that question and missed getting her permit by one question. We will try again today. Hopefully I do a better job driving her to school.

The nationwide parade toward a ban on text messaging while driving has picked up more steam in the last week. Ford Motor Company became the first auto manufacture that has come out in favor of a federal ban on texting while driving. Similarly, the new chairwoman of the National Transportation Safety Board has prohibited employees from using a cell phone or texting while driving on any official business. They have also recommended that government transit agencies prohibit the use of cell phones for young drivers, all commercial drivers and even train and bus operators. They have not gone as far as Ford in endorsing a national ban on all drivers.

New York Democrat Senator, Charles E. Schumer, has proposed legislation that if enacted would cut federal highway funds given to the states by 25%, should the states not comply with the prohibition against texting and driving.

In support of their decision Ford cited recent research that shows that an activity, such as texting, that allows drivers to shift their focus from the road to another task for an extended period of time substantially increases the risk of automobile accidents. I am sure this is accurate. I have several clients who would not have been injured but for the negligent actions of a texting driver. I have seen red lights run and stop signs ignored both causing serious injuries.

Fords support of the national ban only goes as far as texting and driving. It does not include cell phone use. The ban currently proposed does not affect the use of any in-car communication and entertainment systems, such as the ones Ford offers to its customers. These systems allow hands free cell phone use and will even read text messages to you while you are driving. I support Ford’s position but wonder whether there is any economic motivation in their support of this particular bill. This would be a boost to the struggling auto industry if hands free devices are required for cell phone use behind the wheel. I believe it will only be a matter of time before the other automakers jump on the band wagon.

Text messaging bans have already been enacted in 14 states and the District of Columbia. Kentucky is not among this group of 15. Although Kentucky has not yet enacted a total ban there are restrictions for teenagers and bus drivers.

The bottom line is texting while driving is extremely dangerous and will eventually be banned in all 50 states. This activity increases the risk of car accidents and makes Kentucky roads dangerous. People are concerned. In a survey conducted this year the AAA Foundation for Traffic Safety found that 48%of people worry about others driving in an unsafe manner. 19% of those surveyed stated that the reason they were concerned was people multitasking while driving. I hope are elected officials wise up, get with the times and ban texting while driving. Delays will cost us the loss of lives.

Driving my daughter to school this morning we saw a car cut through three lanes of traffic to make a right turn. She looked at me and said “What that car did wasn’t very safe”.  With that simple statement it hit me; she would be going to get her driving permit in less than two weeks. My youngest daughter would be let loose on the Kentucky roads and will be driving. UGH!!!! (To quote Charlie Brown).

As a father and an accident attorney I started thinking about how dangerous the roads are and that they were not a very safe place for my little girl.  All of the horrible facts concerning automobile accidents, the fatal accident scenes that I had worked as a prosecutor and the many cases I have handled started running through my mind.

• Motor vehicle accidents are the leading cause of death among teenagers.

• Teenagers in the United States account for 10% of the population and 12% of the car accidents. It is worse for the 15-24 year old age group. This group makes up  approximately 14% of the U.S. population and for almost 30% of the cost of motor vehicle accident injuries.

• Newly licensed teen drivers have a higher crash rate their first year of driving than any  other year.

Why is this the case? Inexperience plain and simple.

• Most teen drivers will underestimate the seriousness of a dangerous situation.

• Teen driver have a hard time recognizing the presence of a hazardous situation.

• Teen drivers will break the speed limit more often than any other age group.

• Drunk drivers are bad, but teenaged drunk drivers are even more likely to cause a car  accident.

• Inexperienced drivers cause more accidents.

• The use of cell phones increase the risk of car accidents.

• Teen drivers have a much more difficult time adjusting to night driving.

What am I suppose to do? What do parents need to do to protect these new drivers? I do not want to obsess and just wait around for a late night phone call. How can we help reduce and prevent motor vehicle accident s involving teenagers? A good place to start is driver’s education and parent involvement. Sign up for a driver education class. Take the time to teach your kid how to be a safe driver. These steps may prevent injuries and even death.
injury accident

Kentucky is a state that has a Graduated Drivers License (GDL) program. These programs have been shown to reduce fatal and injury accidents involving new teenage drivers by up to 40%! GDLs delay full licensing of teens and restrict them from driving in higher risk situations. The goal of these programs is to reduce the number of car accidents involving our young drivers.

During the permit driving phase a new driver must be certified by their parent to have at least 60 hours of practice time behind the wheel. This is the minimum. The more they practice the better driver they will ultimately be. Also, any permit driver that receives a ticket and a violation during the 180 day permit phase has to start over. It will be another 180 days before they are eligible for their license.

Maybe things aren’t as bad as I think they are. Maybe I am acting like Eyore. But then I think back to daughter number one who is now an excellent driver. During her first year of driving she totaled two cars. Thankfully she walked away both times uninjured. Can I prevent daughter number two from a similar fate? No, but I believe I can increase her odds of success.

Should I have sign a safe driving contract? I think I will. Hopefully this will help make her aware of the many dangerous there are on the road and the responsibility one has when they are behind the wheel. Kentucky had on of the highest rates of teen car accidents in the nation in 2006. Teens made up 6% of our population and caused a whopping 20% of the accidents.

GDL programs are aimed at reducing these accidents after the permit phase and these driver’s are on the road without an experienced driver in the car. Night time driving is restricted between midnight and 6:00 A.M., except in emergency situations. I may be stricter myself, but this is a great law. Also the number of unrelated passengers under the age of 20 are restricted to one. Another great idea, because statistics show that the risk of an accident increases with the number of passengers. I guess it all comes down to paying attention to what you are doing and not multi-tasking.

Wish me luck over the next months. It is an exciting and scary time. My goal is to teach my daughter responsible driving. To be someone who makes are roads safer. To be an example of a good driver. Any suggestions would be appreciated.

Utah has recently upped the ante. They have passed by far the toughest law in the United States against the growing epidemic of texting and driving. Get caught texting and driving in Utah and you are looking at prison time of up to 15 years if you cause a death and a fine of up to $10,000.00. If they are merely caught texting and driving the punishment is up to 3 months jail and up to a $750.00 fine. A far cry from the absolutely nothing that is on the books in Kentucky.

I believe it is time for the Kentucky legislature to take this issue under serious consideration and pass a tough law. I have way too many clients that have been injured due to a distracted driver. Whether they are texting, dialing a number on a cell phone or picking something up off of the floor it is dangerous. The consequences are severe and can change the direction of the accident victim’s life.

Utah’s new law became affective in May of this year. The penalties for texting are comparable to those of drunk driving if someone is killed in the accident. If you are texting while driving in Utah your actions are considered reckless. Choosing to text and drive is considered to be the same thing as choosing to get behind the wheel drunk.

This law is the harshest response to multi-tasking behind the wheel and is sure to be a topic of discussion at the National Summit for Distracted Driving this fall. Some studies show that talking on a cell phone while driving is as dangerous as driving with a blood alcohol level of .08, which is the legal limit in Kentucky.

There could be some problems with proving the conduct of texting and obtaining a criminal conviction under the Utah law. How do you prove someone was texting and driving? There is no test to prove that you were texting like there is for drunk driving. A breathalyzer makes the prosecutions’ job fairly easy.  A witness could be easily discredited. They only see the action. It could be texting or it could be dialing a phone number. Maybe the best evidence will be statements of the offender. Any statements can be used if they are made spontaneously. This coupled with the phone would be sufficient proof, but how do the police get access to the phone before the text messages are erased? Maybe a warrant, but this takes time.

I wonder whether the texting activity is the same as dialing a phone. It is the same action. It takes the same level of concentration. Should the Utah law be expanded? Should a distinction be made?

The Utah law also presumes the driver knows the risk of texting and driving. This is important because it goes a step further than many other such laws where it must be proven that the driver is aware of the risks associated with the activity before engaging in that activity.

What will Kentucky do? I really don’t have a clue. I believe penalties need to be put in place to deter this very dangerous activity. It is at an epidemic level. You will see people looking to their cell phones as you drive to and from work. This inattention causes accidents. Personally I believe that criminal penalties that include prison time for causing a death are appropriate. This will save lives, prevent auotomobile accidents and make our Kentucky roads much safer.

Over the last week I have seen a lot of bicycles out on the roads in Louisville as well as the Prospect, Kentucky area. I am not talking about all of the athletes that were in town training for and competing in the iron man competition. What I saw were people riding their bicycles through downtown Louisville that either do not know the law or are ignoring it. I was probably conscious of bikes since I had interviewed three potential clients in the last few weeks that were injured while riding a bicycle and were hit by a car.

The one common thread in these bicycle/automobile accidents was the fact that the bicycles were being ridden on the sidewalk. This is against the law and very dangerous. Local Louisville regulations apply to the operation of bicycles. This is defined in the local Traffic Code chapter on Bicycles and Motorcycles. The Traffic code states that: No person 11 years of age or older shall operate a bicycle on the sidewalks located within the geographical boundary limits of Louisville Metro.

There are a lot of other interesting rules, laws and safety considerations that all bicyclists should read, but that discussion will be for another time.  What this means is unless you are a child 10 years or other your bike is to be ridden on the roadways in Louisville, Kentucky. Not on the sidewalk!

Why can’t adults ride on the sidewalk? In my opinion it is for the safety of walkers as well as the cyclists. All of the accidents that I am talking about had a variation of the fact of bicycle riding on the sidewalk and then traveling into the street crosswalk where they were struck by a car. In most situations a car has no chance of seeing a bicycle entering the street from the sidewalk. The driver is not looking for anyone other than a pedestrian.

Know the law and protect yourself. If you are 11 years of age or older ride your bike on the road obey the rules of the road and use appropriate safety equipment such as reflectors and helmets. Protect yourself. Know and obey the law. Don’t find out after an accident that you were in the wrong. This will make all of us safer and prevent accidents.