Kentucky car accident victims always want to know how their medical bills are going to be paid.  They have been in an accident, they’re injured, and they’re not able to work.  Many people nowadays don’t have health insurance. The assumption that is made is “If I don’t have health insurance I will have to pay the medical bills for treatment from a car accident out of my own pocket”.

In Kentucky your own insurance company will pay those medical bills.  You have what is called PIP benefits. This is short for Personal Injury Protection. You may also hear these benefits referred to as No-Fault Benefits or Basic Reparations Benefits. It’s something you pay for under your automobile insurance policy. The first $10,000.00 of your medical treatment will be paid for by your insurance company.  You fill out a PIP application  that is sent to you by your insurance company. This triggers the payment to your doctor automatically from that point on until those $10,000.00 of benefits are exhausted. 

Once the PIP Benefits are exhausted you will send your medical bills to your health insurance company. Any additional treatment will be paid by your health insurance carrier. You are personally responsible for any co-pays or deductibles. Any money you pay out of your pocket should be reimbursed by the at-fault party’s insurance company at the time your personal injury case is settled. 

You might be concerned that hey, why should my car insurance company pay for this if the accident wasn’t my fault?  This is done so that you can immediately go to the doctor of your choice. Well at the end of the case they will get reimbursed by the at-fault party’s insurance company minus a $1,000.00 inner company deductible, so your insurance company will not be on the hook for those benefits.

I was driving down Bardstown Road headed to a meeting in the Highlands in the early evening, about 6:45 p.m.  It was dark outside. There was heavy traffic because of the good weather. People were outside enjoying the first warm day in Louisville. There were bikers and walkers every where.

I know you see just about everything on Bardstown Road, but you are not going to believe this. I saw a bicycle with a child trailer attached pedaling up Bardstown Road, not in his lane of traffic, not on the sidewalk (which would be illegal) but coming down the middle line in between traffic.  How big of an idiot can you be?  This bicyclist (I am using the term loosely) was putting himself and his child in danger of being hurt in a bicycle accident. This only goes to show the need for bicycle education to help prevent Kentucky bicycle accidents. Bicycle accidents are usually catastrophic and cause serious injuries. A bicycle will loose when it hits a car. 

This also shows the need for additional pedestrian and bicycle paths and bicycle lanes in Louisville, Kentucky.  I mentioned this need in the week after the table top speech of Transportation Secretary, Ray LaHood at the National Bike Summit.  When I say table top, I mean table top.  Ray LaHood climbed on a table to thank all the attendees for their efforts as advocates for livable, sustainable bike friendly communities. 

Bicyclists and cyclist enthusiasts have a friend in Washington.  There is a trend toward favoring non-motorized transportation.  Mr. LaHood promised to integrate the needs of bicyclists into federally funded road projects.  The Federal Transportation Department has formulated key recommendations for State Department of Transportation’s in this effort. These include: 

• Emphasizing that walking and bicycling should be treated as an equal to other transportation modes.
• Convenient access to people of all ages and abilities for bicycle paths and walkways.  States are encouraged to collect data on walking and biking trips.
• Sidewalks and pedestrian pathways should be protected in the same way roads are protected in reference to repairs and snow removal, etc. 

Mr. LaHood emphasized that this is just a start but these initial steps will help us move forward even further toward the integration of bicycle friendly communities.  This is part of a policy statement that was signed on March 11 and announced on March 15. This declaration concluded that the increased commitment to the investment in bicycle facilities and walking networks can help meet goals for cleaner, healthier air, less congested roadways and more livable, safe, cost efficient communities.  This is not only good for bicyclists but for everyone.  Giving bicyclists and pedestrians a less dangerous and safer way to travel to work or the grocery will not only help the environment but decrease bicycle and pedestrian accidents. This, along with education, will make it less likely to see our friend pedaling down the middle of Bardstown Road in the future.  Thank you, Ray LaHood.

As a Kentucky accident attorney clients frequently ask me “how do you get paid?” How much money do I need to have to hire a personal injury attorney? Do I have to give you money up front to take my case?  The answer is NO. 

Almost all auto accident attorneys or personal injury attorneys take cases on what is called a contingency fee basis.  A contingency fee means is you do not pay anything up front and you do not pay your attorney on an hourly basis. A personal injury attorney is paid a percentage of what they recover or settle your accident case for at the end of the case.  In most cases the contingency fee is 33and1/3% or 1/3 of the recovery. Sometimes the fee may be 40%. Generally, if there is no recovery, you do not owe the attorney a fee.  This is good for you, the accident victim.

You do not have to pay anything up front at the time you hire an attorney. While you are treating with doctors and while you are off work you don’t have the extra money to hire an attorney.  The attorney will get paid at the end of the case.  A personal injury attorney will charge you nothing unless he wins your Kentucky accident case. The bottom line is you don’t have to worry about coming up with any money to hire an attorney in an auto accident case.  A contingency fee is almost always offered. That is the way the accident attorney will be paid and you will be able to get good representation.

If you have been involved and injured in a Kentucky truck accident time can be of the essence.  To the trucking industry accidents involving tractor trailers are part of day?to?day business.  When there is a truck accident the driver of the tractor trailer will notify their parent company as soon as they are able to do so.  The trucking company will send in an accident investigation team out to the crash site, immediately.  The accident reconstruction expert and accident investigation team hired by the trucking company often arrive while the police are still on the scene. 

What does this mean to you if you are the victim of a truck accident in Kentucky and suffer a serious or life threatening injury?  It means that in your truck accident case the trucking industry has a head start on investigating the cause of the accident and developing a strategy for its defense to any claim that arises.  There’s evidence that can disappear either intentionally or by accident. The trucking company has the benefit of an expert that was actually at the accident scene. This may not be possible for the victim of a truck accident since injuries are usually severe in nature.  You’re concentrating on your medical treatment. You may be in the hospital for a significant period of time. 

There is still hope.  It is first important to realize that the bulk of trucking accidents are caused by driver error which is usually from an inattention or driver fatigue.  There are many devices available on trucks now that actually warn of impending crashes to help prevent these accidents.  When an accident is not prevented, however, the black box or the event data recorder must be examined.  These devices record data that may be significant in your accident at the time and up to the time the accident occurs.  Things as deceleration, speed at impact, etc. can be obtained.  Needless to say it is important to act quickly so that an expert can examine these devices on your behalf.

Time is of the essence in truck accident cases. Although most cases can be reconstructed at a later time it is important to have someone looking out for your best interests as soon as possible.

Many Kentucky accident victims have suffered serious and life changing injuries from an automobile accidents, truck accidents or motorcycle accident. They come into my office looking for answers. They are concerned about the fact that they only have $10,000.00 in medical benefits available to them from their PIP Benefits (Personal Injury Protection) in their car insurance policy.  If you’ve been in an accident and have a serious injury and are in need of surgery this may not be enough to cover the medical bills for treatment you receive for injuries suffered in the accident. It’s a real concern if you don’t have health insurance. 

         After an accident your options are limited if you don’t have health insurance. Unfortunately you can’t go back in time. You are forced to go to a free clinic or find a doctor who will agree to treat you or perform surgery on a promise to pay later. This just doesn’t happen very often.

You really must take action right now before you are even in a serious automobile accident in Kentucky. You must do something long before you even think about contacting a car accident attorney. One thing that you must do is ask your insurance agent to increase your PIP benefits.  These additional benefits are called Added Reparations Benefits.  You can increase your benefits to $20,000.00 per accident, $40,000.00 per accident, $50,000.00 and even more with many insurance companies. 

You might think, well if I’m getting five times the benefits, I don’t want to pay five times the amount, but in many circumstances your premium will go up a relatively insignificant amount compared to the increased benefits you are getting.  One of the most important things you can do right now to protect yourself and your family is contact your insurance agent and request additional medical benefits on your auto insurance policy.  I would suggest that you call your insurance agent today to ask him how to go about this.  You’ll be amazed at how little it will really cost you and the peace of mind you will have knowing you have protected your family should you be in a serous car accident.

I have a 16-year-old daughter who got her Kentucky Learner’s Permit in September of last year.  We have an ongoing debate as to whether or not she should attend and complete a driver education class (which incidentally I won).  I believe that she should attend and complete a driver’s education class, if only for the insurance discount that will help to keep my car insurance premiums at a lower rate. 

As everybody is aware, teenage drivers’ insurance policy premiums are very, very high.  My daughter claims that she is a good driver (which she is) and she doesn’t need to waste her time going to “this stupid class”.  Now here is a strange twist. Believe it or not, my 21-year-old became an unexpected ally and is on my side.  She says that a driver’s education class is a must.

New drivers and all drivers under the age of 21 are more likely to be involved in an accident than their older counterparts.  So do driver education classes really work?  Is this something that all new drivers should take?  Or is it just a money making racket?

As a parent I believe that safe and good driving habits come with time and practice.  I believe the same thing as a personal injury and accident attorney. The more time you spend behind the wheel the better driver you become, especially if you have the proper training and guidance to begin with.  This is how automobile accidents are prevented. As with any activity, if you practice bad habits you only develop bad habits. If the parent is guiding the new driver in the proper direction time behind the wheel will help prevent serious automobile accidents in Kentucky.  As with any activity you are learning multiple teachers can be good thing. This adds to the perspectives the student is exposed to.

This is where driver education classes come in to play.  Somebody that can actually teach you the correct rules of the road and the law is invaluable.  A second opinion is invaluable.  Oftentimes a parent is not listened to. An outside authority figure is more likely to get through to a teenager.  The bottom line is driver education classes are not the only avenue of teaching kids how to drive but it should be a part of it. 

Parental responsibility is still the main avenue of learning.  Teaching children responsibility in their driving habits should be a priority.  The National Safety Council has implemented a program called “Alive at 25”. Their motto is “Saving Lives Through Education”.  This is the key to safe accident free drivers, education and time behind the wheel. 

This is why the Kentucky Graduated License Program works.  It doesn’t give a new driver a total control and driving privileges immediately. This program requires the parent to sign the permit applications for anyone under the age of 18, putting responsibility with the parent. A permit driver must drive with another driver over 21 for a minimum of 60 hours of practice driving, 10 hours of which must occur at night. 

After the driver gets their license they are placed in an intermediate driving phase.  Drivers under the age of 18 are not allowed to drive between 12:00 midnight and 6:00 a.m. unless good cause is demonstrated.    Additionally there are passenger restrictions.  All of these rules gradually place the new driver in situations they can handle before more difficult situations may be encountered. They remain under the guidance of more experienced drivers for this time period.  

In my opinion any and all education prevents auto accidents and is a good thing, whether teenagers believe it or not. As for now my 16 year old is driving a car around one time a week that has a big yellow sign on top that says “Caution New Driver”

There is nothing worse then being injured in a Kentucky car accident. You are in pain. You look for a lawyer to guide you and help you deal with the insurance company. You want to get a fair settlement and the best legal advice. Your lawyer sends you to a doctor for treatment. They even arrange for you to fly to another state for surgery. You settle your case and get your settlement money, after your attorney and doctors are paid. This is the way it suppose to go, isn’t it? I would say yes unless you are Sharon Langford.         

We have all seen the billboards and the television commercials about the “aggressive attorneys” formally “Winters, Yonkers and Rousselle” now “Winters and Yonkers”.  Whether you are a fan of this type of legal advertising or not, you have to admit that it works because everyone in Louisville, Kentucky knows the name of this Florida based law firm.  The firm has recently been sued in Jefferson Circuit Court by a former client, Sharon Langford.

            Ms. Langford was injured in a car accident in June of 2008.  She alleges that she was not told that her personal health insurance would potentially pay for her medical bills after her PIP benefits were exhausted. PIP benefits are also known as No-Fault Benefits or Personal Injury Protection. She was referred to a medical care clinic called First Physicians Rehabilitation Inc. by the law firm according to the lawsuit. She was told they would take care of injuries suffered in a car accident.  It is reported that the medical facility did not accept health insurance only PIP car insurance. 

Later when Langford needed surgery the firm flew her to another clinic in Florida.  In the lawsuit Langford states that she discovered later that both clinics were owned by Gary Kompothecras, a chiropractor, who also owns the Hepley advertisement referral service 1?800?ASK?GARY.  Langford also alleges in her lawsuit that the relationship between the law firm and the clinic cost her money.  Her attorney, Sam Carl, states that medical bills paid after PIP totaled over $64,000.00.  Health insurance would have paid a portion of this leaving additional money to Langford after settlement of the lawsuit. You can read the courier journal article that I linked above with further details. 

The question that comes to mind is whether or not the referrals to and between the medical clinic and the law office should be disclosed to clients.  It is alleged that this is a requirement.  I would argue that a client should be referred to the best doctor available and not a doctor that is only referring business to the law firm.  I often refer clients to doctors. Those clients would otherwise have no idea where to go.  I give them the name of several doctors based on their needs.  Many family doctors do not want to handle lawsuits or auto accident suits nor do they understand how to bill car insurance for payment for their medical services. 

The question always comes down to what is best for the client.  Any relationship between a doctor and a lawyer should be disclosed to the client. I will watch with interest Sam Carl’s case to see what direction it does go.  It’s safe to say it should be educational for Kentucky auto accident victims and give them the knowledge they need to ask questions of their attorneys as to the relationship between the attorney and the doctor.

We are coming to the end of a long, cold and snowy winter. Most of us are praying for spring.  I have to admit that it is still ski season for me and another month of cold weather wouldn’t bother me at all. But we have all had it with snow covered Kentucky roads, even me.  

You’re probably expecting me to talk about winter driving and how to drive safely in the snow and accident prevention.  Well, you’re wrong this time.  As I was driving to work one morning last week I saw a bicycle rider pedaling through the snow.  I applauded him for having a flashing light on his bicycle for visibility. This most definitely helps to prevent bicycle and car accidents. I admire his determination on getting to his destination. 

Somehow this bicyclist got me thinking about motorcycles. They will soon be on the road in the spring.  I further pondered what really prevents motorcycle accidents.  Are there steps that motorcyclists can take to prevent being involved in a motorcycle accident on Kentucky roads? 

One article I found about motorcycle safety had the premise that other drivers don’t care about motorcycles. The point was that car drivers are not specifically looking for motorcycles. This attitude puts an extra burden on the motorcycle to anticipate a cars next move.

I also found a lot of misconceptions that are believed by motorcycle riders to be true which in fact are statistically false! These include:

• Loud pipes save lives.
• Motorcycle helmets break necks.
• Helmets block your ability to see or hear danger.
• A helmet won’t help in most crashes.
• A helmet will leave you brain damaged in a crash when you would have been simply dead.
• A skilled rider should be able to handle almost any situation.
•  One beer won’t hurt.
• It’s better to stay in your lane than split lanes.
• I’m safer on the street than on the interstate.
• A skilled rider can stop better with conventional brakes than with anti-lock brakes.
• Laying it down prevents accidents

      Statistically all of the above are inaccurate. They are common misconceptions. Nobody wants to cause a motorcycle accident.  As a motorcycle rider you need to be aware of things that can hide or limit the visibility of your bike such as the sun, roadside poles, signs, other cars and trucks, etc.  To put it simply: Be aware of your situation and your surroundings.  This will help prevent auto accidents and motorcycle accidents.

Let’s look at a few of the above and why they are in fact inaccurate statements.

• Although loud pipes can save lives and there’s arguments for that, it usually won’t help a driver notice you if he’s making a turn in front of a motorcycle.  Once again, you need to be aware of your situation.  Wear brightly covered clothes to make you more visible to cars and traffic.
• All studies show that helmets will help in crashes.  They don’t hurt your field of vision. Statistics are clear that riders and passengers that wear helmets survive more accidents. Wear one.  Although I don’t ride a motorcycle I would not dream of skiing or riding my bicycle without a helmet. It could save your life.
• Laying it down just ensures that you’re going to be in an accident.  Once again, be aware of your situation. There is not one avoidance tactic that works for every potential accident.
• Don’t drink at all if you’re riding a bike.  One beer will lower your reflexes and may be the difference in avoiding an accident.  Not everyone is Dr. Johnny Fever, of WKRP in Cincinnati fame.
• Interstates are the safest roadway for motorcycles. This is because there are fewer distractions for drivers. There are no pedestrians and there are no intersections.
• Anti-lock brake systems stop faster and don’t skid.

Car drivers need to be aware of motorcycles as they come out in the spring and become more prominent.  Unfortunately, as a motorcyclist you can’t count on this. If everybody is aware of what is going on there will be fewer accidents.

·        Wear a helmet.

·        Wear bright colors.

·        Turn your high beams on during the day.

·        Ride as if other drivers on the road can’t see you.

·        Don’t drink and drive.

This will help prevent serious motorcycle accidents and injuries this spring and summer in Kentucky.