At a busy San Francisco Intersection of Market and Castro streets before 8 a.m. March 29, 2012, a 71-year old pedestrian, Sutchi Hui, of San Bruno was hit by a cyclist. Both the cyclist and Hui were hospitalized after the accident. The cyclist was released with minor injuries. However, Hui remained hospitalized and passed away on Monday, four days after the accident.

The evening of the accident, a comment was posted on the Mission Cycling Club Forum. Chris Bucchere identified himself as the cyclist responsible for the crash.   The message was detailed describing his early morning ride from San Francisco to the Main headlands and back. Part of the message reads:

“The light turned yellow as I was approaching the intersection, but I was already way too committed to stop. The light turned red as I was cruising through the middle of the intersection and then, almost instantly, the southern crosswalk on Market and Castro filled up with people coming from both directions…I couldn’t see a line through the crowd and I couldn’t stop, so I laid it down and just plowed through the crowded crosswalk in the least-populated place I could find.”

“I remember seeing a RIVER of blood on the asphalt, but it wasn’t mine. I really hope he ends up OK.”

Readers of the blog forum commented on the alleged actions of Bucchere. People have different reactions on the reckless riding of Bucchere. The post was ended like this, “In closing, I want to dedicate this story to my late helmet. She died in heroic fashion today as my head slammed into the tarmac… The moral of this little story is: WYFH.” Commenters expressed their reactions in this troubling statement.

The case is still under investigation and I do hope that the responsible person of the bicycle accident must be held accountable. Bicycling can be fun and is a popular way to get around San Francisco, however, every rider must take into consideration his safety and most especially the safety of pedestrian. In most incidents, bicyclists are not at fault, but from what I see this case may be different. In Kentucky, Hai’s estate would be able to file a wrongful death action against Bucchere and collect damages from Bucchere’s car insurance policy under motorist circumstances. The estate would also be able to make a claim under Hui’s car insurance policy. I would strongly suggest that the families contact the best California personal injury attorney they can find.

Grinstead Drive is known as one of the most dangerous stretches of road in Louisville, Kentucky. I have personally witnessed several car accidents here. Grinstead Drive will face a major change in the near future. The safety-improvement project proposed by state and local officials would modify Grinstead Drive from Bardstown Road to Cherokee Parkway from four traveling lanes to two with a left-turn lane in the middle, as well as and a parking lane on one side.

There have been 320 reported car crashes in the last three years in this targeted stretch of Grinstead Drive. Also since 2000, this stretch has been the location of 10% of Jefferson Country’s bike fatalities. This is a staggering statistic which illustrates how dangerous this road is.

The proposed road diet by the Kentucky Transportation Cabinet (KYTC) is an excellent project and will go a long way toward reducing the number of car accidents and bicycle accident deaths. I think these changes do not go far enough. With ten percent of Jefferson County’s bicycle accident deaths occurring on this stretch of road raises a question. Why aren’t bicycle lanes being added? This stretch connects two major commercial districts with lots of recreational and residential destinations.

As an avid biker, I believe that bike lanes on Grindstead Drive would make it safer for all everyone who ride bikes. Having these lanes will allow bicyclists to enjoy this beautiful are with out being in fear for their lives. They would encourage people to be more active and be on their bikes as they enjoy Cherokee Park and all of the wonderful businesses in this area. Adding facilities for bikers will complete the proposed project and most importantly save lives.

There is a Facebook page sponsored by Bicycling for Louisville that is advocating bicycle lanes on Grinstead Drive. Check it out! Do your part and let city official know you bare in favor of these bike lanes on Grinstead Drive. As a Kentucky personal injury attorney I believe the installation of these lanes will prevent the needless loss of life for bicycle enthusiasts.

In Kentucky, many drivers have Global Positioning Systems (GPS) in their cars and if not in their car on their phone.  GPS systems have the capability to provide directions and more importantly for a personal injury attorney it records vital information prior to an accident. In our modern and techie world today, there are already GPS made for bicycles.

John Markoff, a senior writer for New York Times wrote about a bicycle accident he was in.  This showed the usefulness of having GPS technology on a bicycle.

It was July 3 when Markoff crashed while riding downhill at more than 30 miles an hour. The bicycle accident caused him to have lots of road rash and stitches on his face, his nose was broken, and he had a deep wound above his knees. But the worst consequence was a 20-minute hole in his memory. He had no idea what led him to crash his bicycle as he was riding by himself.  He could only recall that he was riding from the Pacific Ocean.  After a long climb on a hot day, he started downhill.  He was staring at redwoods as he descended.

During his healing period, John Markoff was obsessed with finding out why he crashed. It came to his mind that his bike was also something of a mystery. It was nearly undamaged. He learned that he had a digital record of his speed, location, pedal rate and heart rate stored in the Garmin cyclometer on his handlebars. He realized that other cyclists have used similar data to find out what happened when they crashed.

Markoff was using a Garmin 305, a cycle computer worth hundreds of dollars which records location and speed as well as heart rate and pedaling rate. A cyclist can upload the data after each ride to a software application or to a Web service that will map rides. Markoff uploaded his data and entered the data into Google Maps and there he saw where he crashed. He even went to the spot and he eventually filled in the wiped details of his crash.

Another example of the usefulness of GPS systems to recreate bicycle accidents is Ryan Sabga, a professional cyclist who was hit by a car while crossing an intersection in Colorado last year. The driver of the car who had hit him failed to see him crossing the intersection and his bike was badly damaged. The cyclists wanted his insurance to pay for his broken bike but the claim was denied. When he realized that he had a GPS unit attached to his bike, he sent the data to the insurance company and with his proof the company took responsibility for the accident.

With proper analysis of data, the GPS Unit can be of great help in solving bicycle accident claims.  If you don’t have the money for a Garmin you can use your smart phone.  There is an app called “I Map My Ride”, which will store similar data.  I don’t go on a bike ride without turning on “I Map My Ride”.  As you can see, it can make the difference between knowing how a Kentucky bicycle accident happened.

I love to ride my bicycle. The feeling of flying down down a hill at 40 miles per hour is an incredible feeling. It is a thrill I love. There are others for whom the mere idea conjures danger. They believe it is too difficult. Like my wife, they are scared of the cars on the road.

Those of us that are addicted to bicycling ride for recreation, exercise or health reasons. Others bicycle for personal errands, to visit a friend and to get to work. Many considers cycling safer than traveling in an automobile. I look at the benefits not the dangers. I am not worried about being injured in a bicycle accident.

I follow traffic rules. By being aware I feel I can recognize and avoid collisions between bikes and motor vehicles. Being aware of your surroundings will help avoid serious injuries and being involved in a bicycle accident.

If you ride a bike for recreation or your primary means of transportation you need to follow the road rules and always wear your helmet. Check out this statistic. In 2008, 91% of bicyclists that were killed in bicycle accidents were not wearing a helmet. I always thought they did nothing more then make you feel safer. I was wrong. Wearing a bicycle helmet can be life saver. It reduces the risk of head injury by 85%, brain injury by 88% and severe brain injury by more than 75%.

I ran across a very cool infographic by my friend, Utah attorney Kenny Christensen which shows us the most common injuries that one could get if they are in a bicycle accident and how they affect the cyclists.

The majority of cycling deaths happen to the minority who are not following simple safety procedures such as stopping for traffic lights and stop signs, using lights at night and riding with the traffic. The number of injuries can truly be reduced if all cyclists obey the traffic rules and uses care at all times.

I see this all the time in my Kentucky personal injury practice. A cyclist is injured and they want to be compensated for those injuries. When I ask how the bicycle accident happen I often find that the rules were not being followed.

- A bicycle helmet was not being worn
- The bicycle was being road on the sidewalk
- the bicycle was going the wrong way on the road
- reflectors were not being use

The bottom line is if you use some common sense you will not become a bicycle accident statistic.

What does a personal injury attorney really do for you?  What do you get by hiring an attorney to represent you in your automobile or truck accident case in Kentucky?  There are hundreds of things I do for clients on a daily basis.  These range from basic filing and record collecting to interpretation and application of the law to the case at hand. I prepare clients to give statements. I obtain paperwork to send to the insurance company. I prepare forms. I am involved in negotiating settlements with the insurance adjuster.  I educate clients on the process involved in a personal injury case. I collect medical and employment records. The list goes on and on.

Let’s cut to the chase. What a personal injury attorney really does is take care of everything that happens behind the scenes so you can concentrate on what really matters in your case and that is getting well. You can go to the doctor and recover from your injuries. You don’t have to worry about dealing with the insurance adjuster. Your attorney is doing it for you.  While you are recovering your attorney is behind the scenes collecting information, doing the daily grunt work to get everything together to properly present your case to the insurance adjuster to maximize your potential settlement.  If the case is not able to b settled this ground work allows the case to be properly presented to a jury.

Many times you might be wondering what your personal injury attorney is really. Behind the scenes he is in the process of collecting and gathering information to properly present your accident claim.  So what a personal injury attorney really does is allow you the freedom to take care of your daily life to get better while he takes care of the technical aspects of your accident claim. This allows you to be fairly compensated for your injuries either through a settlement or through the litigation process. 

Here is what The Schafer Law Office will do for you if you are a Kentucky accident victim we represent:

• Educate them on the personal injury claims process and the litigation process.   
• Obtain all written records and documents that are needed to develop and support their claim. This includes, but is not limited to, medical records, the police report and employment records. 
• Conduct an investigation of the facts surrounding the accident. I will obtain witness statements, photographs, diagrams and other physical evidence. 
• Review your automobile insurance policy to determine what coverage is available to you to compensate you for your damages, like medical, hospital and wage loss benefits.  Additionally, uninsured/underinsured motorist coverage is looked at to see if they are applicable to your accident. 
• Review the medical records from your doctors and meet with them when necessary. This can be done in person or telephonically. 
• Retain experts and then obtain reports when needed to support your claim for damages and/or liability. 
• Analyze legal issues and advise on those issues as they arise in your case. 
• File the necessary forms with the at-fault insurance company and the clients own insurance company, including PIP applications. 
• Analyze your health insurance policy and/or governmental benefit plan (such as Medicare or Passport) to determine whether any money paid by that policy is required to be reimbursed. 
• Contact and maintain contact with the insurance company about your claim to help ensure adequate reserves are set aside for the potential settlement of your claim. 
• Conduct negotiations with the insurance adjuster in an attempt to settle your claim, before litigation.   
• When a lawsuit has to be filed, I will prepare and draft the Summons and Complaint to be filed in Court. 
• Confirm the address of the Defendant for personal service of the Summons and Complaint. 
• Draft written questions for information from the other side (called Interrogatories and Requests for Production of Documents). 
• I will help you respond to interrogatories sent by the defendant.                 
• I will prepare you for your deposition. 
• Prepare for and conduct the deposition of the Defendant and any other witnesses that are necessary. 
• Meet with your doctors to prepare for their deposition whether it is a defense deposition or their trial deposition. 
• Prepare and take the deposition of the Defendant’s experts, including medical experts. 
• Prepare you for a medical examination by the Defendant’s doctor, called an Independent medical Exam. 
• Review your medical records and billings. 
• Hire experts to support and prove your claim when necessary. These include other physicians, economists, engineers, vocational experts, etc. 
• Review and analyze expert reports about your case. 
• File all documents in Court as required by the Judge’s Trial Order, including witness lists, exhibit lists, trial memorandum, jury instructions, motions in limine, etc.   
• Meet with and prepare you and other witnesses for trial. 
• Create and prepare exhibits for trial. 
• Organize records and other documentary evidence intended to be introduced at trial. 
• Prepare for mediation when ordered by the Court or agreed to by the parties. 
• Research and write briefs and file motions with the Court when required.  
• Perform or participate in mock trials or focus groups to prepare for trial when deemed necessary. 
• Try the case before a judge or jury. 
• Write briefs or motions following the verdict to obtain post-trial relief, including motions for attorney fees, or to overturn the verdict. 
• Analyze the trial record to determine if an appeal is warranted (if the trial is a loss). 
• Research and write briefs and motions if appeal is filed. 
• Negotiate subrogation claims asserted by client’s insurance company or governmental agency that provided benefits to client.

Bicycle accidents happen in Kentucky almost every day.  If you ride a bike on Kentucky roads like I do you’re going to have some sort of incident or accident. Hopefully it will be a minor one.  It may not be caused by a car or a truck that runs into you. You may just fall, hit a pothole or run off the road. 

I have been thinking about this as I prepare for Shakertown Bike Trek to benefit the American Lung Association.  Each year approximately 460,000 people are injured in bicycle accidents.  These are reported accidents that are serious enough to require some sort of emergency care.  This is almost a half a million people.  Of this number nearly 1,000 cyclists die in accidents every year.  When I saw this statistic I was floored.  I had no idea there were this many deaths annually in bicycle accidents. 

Of the 1,000 cyclists that die each year approximately 75 percent of these deaths are the result of head injuries. This is according to the U.S. Department of Transportation.  So why do I see people riding their bikes that are not wearing bicycle helmets?  Most of these individuals are not cyclists who ride regularly for fitness. They seem to be riding for transportation, to get to and from work. Everyone should be aware of these statistics. 

A helmet is not going to prevent an accident. Should you do have an accident I believe a helmet will greatly reduce the risk of injury, especially head injuries. I wear a helmet when I ride my bicycle. I wear one when I ski. I don’t know how many of the 750 deaths in the United States from head injuries in bicycle accidents were a result of people not wearing a helmet.  Helmets won’t prevent every injury in a bicycle accident but it is without a doubt that a bicyclist will have a less severe injury if the helmet is worn.  Every bicyclist should wear a helmet.  Don’t become one of the statistics.  Pick a helmet that fits correctly so that you can increase your chances of surviving a Kentucky bicycle accident.

            Governor Steve Beshear signed the Cell Phone Text Messaging Bill into law in Kentucky on April 25, 2010. It is about time. I hope this bill will have its intended impact and prevent serious automobile accidents caused by inattentive or distracted drivers. 

Under the new law, any driver under the age of 18 is prohibited from using a cell phone in any manner while driving.  This applies to an instruction permit, intermediate license or a full operator’s license.  There is one and only one exception to this.  That is to summon medical help, law enforcement or a public safety agency in the case of an emergency. 

            There are also provisions that relate to ALL drivers. Anyone who is operating a motor vehicle cannot write, send or read a text-based communication such as text message, instant message or electronic mail while operating a motor vehicle.  My understanding is that there will be warnings issued on violations until January 1, 2011. 

The fine for a first offense is a mere $25.00. Second offenders on up are fined $50.00 plus court costs. These fines appear to be a mere slap on the wrist. What if a bicycle accident victim is seriously injured or killed by someone who is texting while driving? Is a $25.00 fine going to send a message and act as a deterrent? I would propose much harsher penalties, maybe even prison time and a charge of manslaughter in extreme circumstances. Texting while driving is said to be more dangerous then drunk driving. The penalties should at least be the same!

            Two weeks after the Cell Phone Text Messaging Bill was signed into law I was traveling down I-64.  Ironically I was near the Frankfort, where the bill was signed and debated.  I was passed by a driver who had a laptop computer wedged between the passenger seat and the dashboard. The computer faced him and he was typing as he passed me going well over the speed limit!  I had a “Did I really just see that?” moment.

We really need to use some common sense when we are driving a car.  I believe the Text Messaging Bill is a good start; however, I don’t believe the penalties are harsh enough to have a real impact. It didn’t faze my friend with the computer wedged in his front seat.  Inattentive driving can cause can cause severe consequences, such as brain injury, paralysis or even death. 

There are efforts nationally, such as Oprah Winfrey’s “No Phone Zone.” This is a push to get teenage drivers to enter into a contract abstaining from texting while driving or even using a cell phone in the car.  What a great idea! My 16-year-old daughter helped to get signatures and pledges at her high school.  Her class was able to get over 100 students to sign a contract or pledge not to use a cell phone while driving. 

This is a good start but as I said, Kentucky needs to go further with penalties and enforcement.  For now, we’ll take what we have and hope that all Kentuckians use common sense to prevent serious motor vehicle accidents and fatal accidents on our roads.

In Kentucky if you are a pedestrian or a bicyclist that has been hit by a car or a truck you may be wondering whether or not your medical treatment will be paid for and by whom.  This is a good questions for bicycle accident victims, as well as pedestrian accident victims. As a personal injury attorney, I can tell you that in almost every circumstance your treatment for injuries sustained in a motor vehicle accident will be paid for by an insurance company.  The question is what insurance company? Is it your health insurance? Is it your car insurance? Is it the car insurance for the car that hit you?

The first place that we look is to the car that hit you, the car that caused the bicycle accident or the pedestrian accident. If the car had auto insurance their PIP benefits will pay for your first $10,000.00 of medical treatment, no questions asked, as long as the treatment is related to the accident. 

If for some reason the car that caused the accident did not have insurance we then turn to your own personal car insurance company if you owned a car.  You might think this is the last place that you should look. After all you weren’t in your car at the time of this accident. Under almost all car insurance policies your car insurance is required to pay your medical treatment from injuries sustained in an accident between a car and you if you were a pedestrian or riding a bicycle. No matter how the accident occurred your car insurance will pay as long as it was a motor vehicle accident of some sort. 

Now if the other car did not have insurance and you do not own a car you will be eligible for benefits under what is called the Kentucky Assigned Claims Plan.  This is a state run program that requires insurance companies to, on rotation, pay for medical treatment for people that did not have insurance or no insurance available to them in a particular accident.

After the PIP benefits are exhausted you will then look to your personal health insurance, Medicare or Kentucky Passport. This insurance is secondary and is not used until the $10,000.00 in No-Fault Benefits are exhausted. Your health insurance will pay under the terms of your policy for any medical bills over the $10,000.00. Your health insurance company, Medicare or Passport may be entitled to repayment under federal law called ERISA or the terms of the policy from your personal injury recovery. You should check with an attorney to determine if subrogation is required.

After the PIP benefits are exhausted you will then look to your personal health insurance, Medicare or Kentucky Passport. This insurance is secondary and is not used until the $10,000.00 in No-Fault Benefits are exhausted. Your health insurance will pay under the terms of your policy for any medical bills over the $10,000.00. Your health insurance company, Medicare or Passport may be entitled to repayment under federal law called ERISA or the terms of the policy from your personal injury recovery. You should check with an attorney to determine if subrogation is required.

The bottom line is if you’ve been in a pedestrian accident or a bicycle accident where you’ve been hit by a car you are entitled to have your medical bills paid.  So don’t hold off on getting the treatment you need to recover from your injuries.  Get the doctor and find out what’s wrong with you and get better. This will enable you to achieve the best result possible in your bicycle accident or pedestrian accident case. 

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.