The first time I saw the cable barriers as I was driving down I-64 my only thought was that they were absolutely hideous. I admit that I was skeptical about how effective the cable barriers would be. I wasn’t sure they would stop any accidents that concrete barriers wouldn’t stop. Would the cable carriers really prevent a cross over accident? Would there be problems with emergency vehicles getting to the accident scene because they couldn’t get through the median? I had questions but I was wrong.

There are now 51 miles of cable barriers in Jefferson County, Kentucky at a cost of $130,000.00 per mile. From 2006 until August of this year these barriers have been hit 609 times. These barriers cover all of I-265 and I-64 from downtown to the Watterson. There are also barriers in Bullitt County as well as Floyd and Clark Counties in Indiana. Law enforcement officer estimate that the barriers have saved 100s of lives.

The cable barriers have several benefits over concrete barriers:

·         They are significantly less expensive at $130,000.00 per mile as compared to $400,000.00 per mile for concrete barriers.

·         Cars that hit the barriers often get stuck between the cables and do not rebound back into traffic.

·         They absorb the energy of impact helping to minimize the severity of some injuries.

There are those that believe that all Kentucky interstates should be built with cable barriers. What do you think? If they save lives I am for it. There are plans for additional cable barriers in Kentucky, but unfortunately there is no money allocated for the Louisville Metro area.

There are groups who oppose cable barriers, such as most motorcyclists. Jay Huber, the president of the Kentucky Motorcycle Association/Kentucky Bikers Association, calls the cable barriers “a cheese slicer”. This is something I hadn’t considered. How would a barrier made of cables stop an out of control motorcycle? I can see that these barriers are potentially dangerous and deadly to the rider causing deadly motorcycle accidents.

Huber believes that the installation of nylon straps or mesh over the cables would reduce this danger. There is opposition to this addition. The stance against this safety measure is the additional cost of installation. Additionally there have been no motorcyclists seriously injured or killed due to striking the cable barriers. We spend enough money on foolish endeavors. Let’s make sure that the cable barriers are safe for everyone.

Another problem according to the Kentucky State Police is that the barriers prolong emergency vehicle response time. This doesn’t occur very often, but vehicles have had to travel an extra two to three miles to find a cut through to get to the accident scene.

I played golf last month with one of the supervisors of a construction crew that was installing cable barriers in southern Indiana. I asked him why they were not putting gaps every ¼ of a mile or so. He gave me two reasons:

1.       The cost would be higher.

2.       An out of control car would get through the gap and cross over into oncoming traffic.

I don’t believe that additional cost should be a consideration if the gaps put in would allow a quicker response by emergency vehicles and save even one life. I wonder how muck it would cost? My guess is not as much as the total cost of the concrete barriers. As to getting through the cross over gaps, I did not believe his answer. It seemed like a bunch of bull. If you make the gaps parallel to the highway and have overlapping sections for the gaps that are maybe 50 to 100 feet long an out of control car would not be able to cross over. There is just no way for it to get through.

The bottom line is that cable barriers have saved lives and will save more lives. Let’s make them better to make sure additional lives are saved.

Kentucky accident victims have a serious problem that I am seeing over and over again in my office. Unfortunately the frequency has increased. The problem is not with the accident victim but with the person that caused the accident. The at-fault party has been charged criminally with a variety of charges that include “Operating on a Suspended License” and “No Insurance”. I believe this has a lot to do with the economy and the “R” word. People are forced to make a choice between keeping their car insurance paid up, renewing the registration on their car and even paying speeding tickets as opposed to going to the grocery. The grocery is winning out.

How does all of this affect the Kentucky accident victim? There are a variety of reasons that Kentucky driving privileges are suspended for. It can be as a result of a Drunk Driving conviction or for habitual speeding. Those with suspended drivers licenses are dangerous drivers that keep driving. Unfortunately, they often cause serious automobile accidents. What is even worse, many car insurance policies will not cover the accident because the driver is in violation of the law, and thus the terms of the policy.

Other times the at-fault party doesn’t have car insurance to cover an accident. The coverage was not available because they have not paid their premium. As I said I am seeing this more and more frequently. What can be done?

There is new technology on the horizon, which may beat the low tech solution of simply impounding the offending party’s car (which is a short term fix at best). I read about a potential option on TheTennesseeAutoAccidentAttorney blog that is in the development stage called the Electronic Drivers License (EDLs). What is an EDL? It is similar to a bank card or a “smart card” that works together with an ignition interlock system (these are used to prevent habitual drunk drivers from getting behind the wheel). It is an on board computer that would verify the drivers identity in order to authorize the operation of the car. Along with verifying the identity of the driver the EDL system will have the ability of providing travel information such as time of day and speed prior to an impact. This is similar to a black box that we often hear about in airplanes. This is also standard equipment on many luxury automobiles and is referred to as an Event Data Recorder. I believe they will be required equipment on all cars in the near future.

This sounds great and will prevent some serious automobile accidents, but how will we know that the person behind the wheel is not using someone else’s card? There will need to be some sort of authorization system, such as voice recognition, finger print identification or maybe a Home Incarceration style of bracelet. Another option would be a system similar to the Owner Compliance Key that blocks cell phone usage within a three foot radius of the driver. I will be following the development of EDLs and keep you posted.

But what can you do to protect yourself from these uninsured drivers? You must make sure that you have uninsured and underinsured motorist coverage on your own car insurance policy. This is not an option anymore. Never ever waive uninsured and underinsured motorist coverage. If you are injured in an automobile accident in Kentucky and the person that hit you does not have insurance you will not be compensated unless YOU have this coverage on your policy. There will be no compensation for loss of power to labor and earn money. There will be no compensation for medical bills. There will be non compensation for pain and suffering. That is unless you have uninsured motorist coverage. Call your insurance agent today and ask if you have this coverage. If the answer is yes and you do have this coverage; raise the limits. If the answer is no; add it immediately!

Should you have any questions about insurance check out my book: “What You Don’t Know About Buying Car Insurance Can Hurt You”, Kentucky’s Ultimate Guide To Buying Car Insurance”. Go to my website and I will send you your book valued at $14.95 free of charge. Protect yourself and make sure you have the right coverage.

Don’t put yourself in a situation where you are injured in an accident and the at-fault party doesn’t have insurance. I don’t want to be the attorney that has to tell there is nothing I can do for you because you don’t have uninsured motorist coverage.

Are high performance sports cars more likely to cause car accidents? The reason I ask this question is my oldest daughter will be turning 21 in January. This is a major milestone birthday. She is a student at the University of Louisville School of Business and works at UPS. Since she has a good job and she earns her own money and has decided that it is time to get rid of her Volkswagen Jetta. She wants a sports car. A high performance car. I am not sure I am ready for this. Is this a bad and dangerous idea?

Now this doesn’t sound so bad until I think back to my first car. A 1968 Pontiac Firebird. It was orange with black racing stripes and referred to as “The Bird”. It was a fast car and it caused some problems on the road for me that I will not discuss here. Let me just say that the Ford Falcon I had for my second car was not as troublesome.

Reminiscing got me to thinking ans then worrying. First, how much fun a sports car is to drive. The power is exhilarating to say the least.  Then I started thinking about my experiences with “The Bird”. This new car my daughter is buying is going to be a lot more dangerous do be on the road. There is a greater chance of her being in a car accident. Maybe I should put my foot down and say no (Like that would really do any good).

Are sports cars really more dangerous? Are they less safe? Is a sports car more likely to be in an auto accident? Like any parent I am concerned about safety. Teens are less experienced drivers and many studies show that they are involved in significantly more automobile accidents in Kentucky. Putting a teen behind the wheel of a high performance car is a bad idea, pure and simple. The statistic go down at the 20 year mark.  They have more experience at this point and are better drivers.

Most sports cars rank high on the most expensive cars to insure. Typically mini-vans are the least expensive. An exception to this is Porsche 911. Is it the car or the driver? More than likely it is a little of both.

The fact of the matter is that a sports car tempts you to go fast, because you can. I find no statistic that show that sports car are in more accidents then a 4-cylinder vehicle. It comes down to the driver. As long as the driver exercises good judgement and obeys the rule of our Kentucky highways they will be fine. Talking to your children candidly and continuing to emphasize good driving habits is extremely important. Keep talking about safe driving so that these habits and your words are in their mind. This helps to reduce the risk of your child being involved in a catastrophic automobile accident. I hope and pray my daughter continues to exercise good judgement behind the wheel with her new sports car.

Whose fault is this accident? Tony is driving down a busy road. He is going at exactly the speed limit. All of the sudden the car you are following slams on the brakes to avoid hitting a ball that bounces into the road and the four year old boy that is darting into the street after it. Tony immediately slammed on his brakes but could not stop in time. He crashed into the back of the car he was following.

You are probably thinking that Tony didn’t have a chance. He did everything he could to avoid the accident. If the car hadn’t stopped in front of Tony the accident would never have happened. This was a sudden emergency. This car accident could not have been Tony’s fault. Wrong!

In Kentucky you are required to have your car under control at all times. You should be able to avoid the car in front of you. There are very few fact scenarios where you would be involved in a rear end accident and it would be the fault of the car that was rear ended. One situation I can think of would be if a car suddenly cut in front of you from another lane without giving you ample distance and then stopped abruptly.

Kentucky does have a “Sudden Emergency” doctrine. This is considered a defense or a justification for a negligent act, such as slamming into the back of another car. The Kentucky Courts have defined a “sudden emergency” as a situation where a person is suddenly confronted by an emergency situation that allows no time for deliberation. There must be a choice made between alternative courses of action. You must voluntarily choose one over the other. 

This sounds like what happened to Tony, but the Kentucky Courts have recently addressed this issue in Robinson v. Lansford, Ky. App., 222 S.W.3d 242 (2006). Here a car, the plaintiff, stopped suddenly in front of the defendant. The defendant had stopped because he crashed into a car in front. This is called a chain reaction collision. The Court said this was a “sudden occurrence” and not a “sudden emergency”.  The Court reasoned that the defendant took no action as a result of the sudden encounter, such as swerving into the other lane of traffic. He was simply unable to avoid the collision.

The moral of the story: Under Kentucky law if you take no action as a result of a sudden encounter there is no “sudden emergency” and the accident is your fault. The bottom line is you should give yourself enough space between you and the car in front of you to stop no matter what. Expect the unexpected or you might end up being a defendant in a Kentucky accident case.    

What does Tim Tebow have in common with victims of rear end automobile accidents? After last Saturday the answer is concussion and whiplash. If you are a football fan you have seen the tragic and scary footage of the tackle and injury to Florida Gator quarterback, Tim Tebow.  For those of you living in a cave Tebow was sacked by Kentucky Wildcat defensive end, Taylor Wyndham during Saturday’s game at Commonwealth Stadium in Lexington, Kentucky.

Tebow’s head and neck suffered two hits on this play that ended his day.  The first when Wyndham’s helmet impacted the face mask of Tebow’s helmet. This collision moved Tebow’s head suddenly to the right as he fell to the ground.  During the fall Tebow incurred a second impact when the back of his helmet hit the knee of a team mate, Gator Right Tackle Marcus Gilurt. This second impact sent Tebow’s head forward in a whiplash type motion. Tebow fell to the ground motionless. He was taken from the field after what seemed like an eternity.

Tebow has been reported to have suffered a concussion. I have not seen mentioned a whiplash diagnosis, but I am convinced that he has a muscle strain or whiplash injury to the neck.

Why am I talking about football? After all I am an accident attorney and think a little differently than a lot of people. When I was watching the Florida v. Kentucky game and then the many replays of the injury I thought that the motion of Tebow’s head and neck was very similar to those I have seen in Kentucky car accidents. I have watched videos and talked to hundreds of clients who have been involved in rear end auto accidents. These collisions have thrown their head back against the head rest at impact and then whip it violently forward.  This is similar to the two motions Tebow’s head and neck went through.

Auto accident victims commonly suffer from concussions and whiplash similar to what Tim Tebow is recovering from as we speak. You might think that an auto accident victim’s head usually doesn’t hit anything in the collision.  Well, unfortunately their brain does. The brain bounces off of the inside of the skull. It can also have a more obvious impact, such as a window or a steering wheel.

What is a concussion? It is a brain injury that is commonly caused by a sudden blow to the head. The blow causes the shaken brain not to work properly for a period of time. We saw this sudden blow to the head watching Tebow’s injury. This also occurs to different degrees in auto accidents. The severity of the concussion often depends on the severity of the impact. This is the force or the speed that the neck and head are propelled, not necessarily the amount of property damage.

Often you can tell if someone has suffered a concussion by observation of that person. Symptoms related to concussions include:

·         Passing Out

·         Memory Problems

·         Confusion

·         Slurred Speech

·         Ringing In The Ears

·         Light Headed

·         Seeing Stars

·         Blurry Vision

·         Not Able To Stand Or Walk

·         Balance Problems

·         Nauseous Or Throwing Up

You often see these symptoms from concussions suffered in automobile accident and sporting events. Treatment for a concussion generally begins with watching and observing the person who suffered a blow very closely. You are watching for behavioral changes and any manifestation of the above symptoms. For most victims of concussions to recover merely takes time.  It is usually suggested to take it easy and get plenty of sleep.

The amount of time it takes to recover depends on the severity of the concussion. There are three grades of concussions:

·         Grade I – This consists of transient confusion and headaches with no loss of consciousness. Symptoms usually clear in less than fifteen minutes. Grade I concussions commonly occur in automobile accidents.

·         Grade II – This grade has the same symptoms as Grade I but the symptoms last longer than fifteen minutes.

·         Grade III – This grade involves any loss of consciousness, whether it is a few seconds or several minutes. The recovery period for a Grade III concussion is at least one week.

Tebow exhibited symptoms of a Grade III concussion since he was out cold and not moving for several minutes. We could also observe the confusion, loss of balance and vomiting. I wish him a speedy recovery.

I also believe Tebow suffered a whiplash injury. This is a very common injury in rear end auto collisions. Whiplash is ligament damage in the neck or cervical area caused by a sudden whipping or movement of the head. These injuries can take days or months to heal. Sometimes the affects of a whiplash injury are felt and suffered for a lifetime.

Although neither a concussion nor a whiplash injury (soft tissue) is a visible injury, they are dangerous and painful. Anyone who has been in an auto accident and has any of the above symptoms should be checked out by a doctor. Don’t take a chance. Tim Tebow has the best chance of a full recovery because of the immediate medical attention he received. When you are in automobile accident and have any symptoms of a concussion or neck pain get checked out immediately.