Is there really a distracted driving crisis?  Is distracted driving a major cause of car accidents? Who should have to solve it-the auto or cell phone industry?  Today’s generation of drivers are so attached to their cell phones and in-car technology.  Car and phone makers are working together to reduce distractions by better linking mobile devices with cars.  Some safety advocates and federal officials say that this is also risky and doose not solve the problem.  Transportation Secretary Ray LaHood has made distracted driving his key priority since 2009.  Last December, the National Transportation Safety Board called on states to ban both handheld and hands-free cell phone use while driving.

There are still questions as to whether cell phones and other visual and cognitive distractions play a large role in car accidents because police reports are unreliable in this area.  Cell phones were a factor in about 13% of fatal crashes last year, NHTSA says.  In February, the agency proposed guidelines that would first deal with potential distractions from navigation systems and other in-car technology.  IIHS spokesman Russ Rader stated, “Distracted driving is a problem, but it isn’t new, and the data don’t show that it has gotten worse during the rise of cellphones and the use of other electronics by drivers.  While all the studies clearly show cellphone use is a distraction, the use of phones by drivers hasn’t resulted in an epidemic of crashes.”  Automatic braking and lane-departure warning are some examples that help prevent crashes no matter what distracts a driver.  The institute pointed this out to focus more on.

Peter Kissinger, CEO of AAA’s safety foundation, says both the auto and cell phone industries need to do more on the issue of distraction.  NHTSA focus is on the safety of the integration of communication technologies.  But Kissinger disagrees with this.  He believes that mobile device suppliers are the missing player since many of the devices are being implemented in cars.  Cars have small screens, tiny keys, fonts and touch-screen and are clearly less suited for use while driving.

With all these issues discussed by different institutes each having different sides, others may be blinded and confused.  But as a Kentucky personal injury attorney, I still go with the NTSB’s recommendation to ban all phone use in cars.  Isn’t one less Kentucky car accident enough to implement such a band?  Do we have to have an office on wheels?  Is one fatal car accident and one life saved enough for us to wait for that call?

When you hear the words “personal injury,” what comes to mind?  For some people, personal injury law appears to be a murky area of dubious ethical conduct.  Some people believe that personal injury attorneys enable people to take advantage of an accident and make money from a misfortune.  Unfortunately, this is a very prevalent view of what personal injury attorneys do, although it is very inaccurate in most cases.

In fact, personal injury lawyers are one way that the legal system stays balanced and fair for all people.  If insurance companies and at-fault persons were not held accountable, people would soon be able to disregard the law and safety measures with impunity.  Employers would not be worried about employee safety, drivers would not care if they caused injuries, and stores and businesses would not impose safety measures to keep customers from harm.  Unfortunately, human nature shows us that unless people are held accountable, they will not take extra efforts to ensure that someone else does not suffer.

Personal injury attorneys perform the function of balancing the needs of the public with the rights of the individual.  When a person is injured, he or she has the right to compensation, and personal injury attorneys in Santa Ana help these victims to recover those damages.

Why, then, do some people have such a negative view of personal injury law?  This often springs from a few well-publicized cases that are in no way representative of the bulk of personal injury settlements.  In a few cases, circumstances have conspired to allow a plaintiff to recover an enormous sum of money from what appeared to be a relatively minor accident.  Each time this happens, the media saturates the public with stories about the settlement, leading people to believe that there are many more of these types of cases than really exist.

In fact, Santa Ana personal injury lawyers primarily work with “small” personal injury cases.  While no case is small to a person who has been injured, few personal injury cases settle for millions of dollars unless the injuries are very severe or wrongful death has occurred.  For a “simple” personal injury case, the personal injury attorney will be happy if the case settles for a fair amount, including payments for medical damages, pain and suffering, and perhaps some personal expenses incurred as a result of the accident.

Before you dismiss the idea of filing a personal injury case, consult with an expert personal injury attorney and discover the facts about what your case is actually worth.

• To confirm or disprove the severity of your injury.
• To confirm or disprove your ability to perform activities and sports.
• To confirm or disprove your ability to work.
• To confirm or disprove whether you interact normally with friends and family.

• Don’t post anything you wouldn’t feel comfortable having the insurance adjuster read (or maybe I should say your mother).

• Check your privacy settings and block anyone you do not know from viewing your personal pages. Public is never the best setting in my humble opinion.
• Search your name on all sites that you are a member of and on Google to see what comes up.  See what photos you have been tagged in and take the appropriate action to remove photos you are not comfortable with.
• Do not accept any friend requests or answer any e-mails from people you don’t know. They may be working for the other side.

The 2012 National Work Zone Awareness Week was scheduled for April 23-27.  This is the 12^th year and the theme was “Don’t Barrel Through Work Zones!  Drive Smart to Arrive Alive.”  The National Work Zone Awareness Week campaign was initiated in 1999 by the Federal Highway Administration (FHWA), American Traffic Safety Services Association (ATSSA), and the Association of State Highway and Transportation Officials (ASHTO) to build public awareness of work zone safety.  The campaign is very important.  On average, a life is lost every 13 hours and someone is injured every 13 minutes in work zone car crashes nationwide.  Drivers should be aware about the dangers of driving through work zones and always proceed with caution.

Construction work has begun on Interstate 71 where one lane of the interstate has been closed while crews repair bridge decks.  It is scheduled to be completed by April 30.  Even though National Work Zone Safety Week has passed, drivers should still be reminded to slow down and pay attention.  According to Kevin Bailey with the Kentucky Transportation Cabinet, “Stay awake, stay alert, stop texting and talking, pay attention to the fact that we are out here.  We’re here working for you and trying to make things better, so give us the benefit of the doubt and be aware that we are here.”  This will be especially there during Derby week.  There will be heavy traffic to all Derby events on I-71.  Fight the urge to be in a hurry to get to your Derby party.  Don’t risk the lives of  workers in this area.

Drivers are always urged to “Drive Smart” in work zones and be aware of workers, traffic control devices and construction equipment when traveling in areas where projects are ongoing.  Here are some work zone safety tips for drivers to avoid auto accidents.

• Buckle Up! – Wear safety belts every time you travel.
• Stay Alert! – Devote your full attention to the roadway.
• Pay Attention! – Turn the radio down and don’t use your cellular phone.
• Be Patient! – Remember workers are improving the road for future travels.
• Follow Signs! – Signs guide you through work zones safely.
• Don’t Drink and Drive! – Impairment of any kind is unacceptable.
• Be Nice! –Don’t tailgate and don’t change lanes in a work zone.
• Expect the Unexpected! – Watch for flaggers, workers and equipment.
• Don’t Speed! – Follow posted limits and adjust for weather conditions.

Follow these tips to make every week National Work Zone Awareness week in Kentucky!

An injured Kentucky car accident victim will be contacted by both their insurance company and the at-fault insurance company within days of the accident.  The insurance company for the at-fault party is going to call almost immediately after an accident.

Their purpose is to try to get your statement.  The insurance adjuster will ask you questions that seem insignificant at the time.  They are trying to get information they can use against you.  The purpose of the call is to find out what happened in the case and find out what the value of the case is.  They also want to know whether or not their insured is going to be found liable, that is if the accident was their fault and they will have to pay for pain and suffering.

Another purpose of the call is to see if they can lower the value of your personal injury claim based on your conduct and history.  They want to eliminate or reduce what’s going to be paid on the case.

It’s a good idea to wait until you’ve spoken to an attorney before you talk to the insurance company and give a statement.  You should see if it is in your best interests to give a statement, and if it is, to get prepared to give that statement.  I personally meet with a client for at least an hour to prepare them to give a statement to the insurance company.  A statement is something the insurance company adjuster does almost every day.  For most people, the only time they’re ever going to give a statement is that one phone call when they’ve been in an accident.  It’s best to wait until you’re feeling better, your adrenalin’s not pumping, and you’re not on medication, so you can think clearly when you are responding to the questions asked.  This will increase the chances of a successful outcome to your personal injury case.

Some car accident victims that come into my office think “I’ve been in an accident and I am entitled to X amount of money”.

They think that if I don’t go to work, they will automatically be paid for the time
they missed.  That if they just go to a doctor, they are going to get a good settlement just for being in a car accident.  This is not always the case.  If you have been in a car accident and you are truly hurt in the accident, I can put a million dollars on the table and I could put your health as it was prior to this accident on the other
side.  There is not enough money for you to be paid that’s going to make it worth while going through life with a back injury.  To have weekly care.  To have arthritis.  To be in pain every day for the rest of your life.

When an accident victim is seriously injured their injuries and problems are going
to affect them for the rest of their life. The court system is not a get rich quick scheme or anything like that.  Those who are truly injured will be compensated for those injuries, but it is no windfall.

Another factor in this is that all insurance companies now use computer programs to determine what a claim is worth.  There are various names for these programs, Colossus, Teach and Smart.  There’s over 10,000 items (or value drivers) that can be entered into these programs.

These numbers then give the adjuster a settlement range.  If you don’t know how to manipulate that program a little bit, that number is going to be lower.

Because of this The Insurance Company will not give you a reasonable offer if I
simply call them or write them a letter. 20 years ago insurance adjusters had a lot more freedom in settling a personal injury claim.  They would look at the case and decide this is what it’s worth, this is what this person truly deserves.  Today most insurance companies have turned the claims department into a profit center.  They are trying to make money or lower the amount that they pay out per claim.  The
less they pay out the more of the premium they collect they get to keep which
means less money for you.

Some car accident victims that come into my office think “I’ve been in an accident and I am entitled to X amount of money”. They think that if I don’t go to work, they will automatically be paid for the time they missed. That if they just go to a doctor, they are going to get a good settlement just for being in a car accident. This is not always the case. If you have been in a car accident and you are truly hurt in the accident, I can put a million dollars on the table and I could put your health as it was prior to this accident on the other side. There is not enough money for you to be paid that’s going to make it worth while going through life with a back injury. To have weekly care. To have arthritis. To be in pain every day for the rest of your life.

When an accident victim is seriously injured their injuries and problems are going to affect them for the rest of their life. The court system is not a get rich quick scheme or anything like that. Those who are truly injured will be compensated for those injuries, but it is no windfall.

Another factor in this is that all insurance companies now use computer programs to determine what a claim is worth. There are various names for these programs, Colossus, Teach and Smart. There’s over 10,000 items (or value drivers) that can be entered into these programs.

These numbers then give the adjuster a settlement range. If you don’t know how to manipulate that program a little bit, that number is going to be lower.

Because of this The Insurance Company will not give you a reasonable offer if I simply call them or write them a letter. 20 years ago insurance adjusters had a lot more freedom in settling a personal injury claim. They would look at the case and decide this is what it’s worth, this is what this person truly deserves. Today most insurance companies have turned the claims department into a profit center. They are trying to make money or lower the amount that they pay out per claim. The less they pay out the more of the premium they collect they get to keep which means less money for you.

The use of cell phones while driving has become a serious public health problem. There have been reported cases of victims being injured and even dying due to distracted driving. Many states have passed laws making it illegal to use handheld cellular phone while driving. In Kentucky, the use of personal handheld electronics is banned for drivers under the age of 18. All state laws allow the use of hands-free cell phone.

Hands-free device are often viewed as a solution to the risks of driver distraction since they minimize the two obvious risks of looking away from the road and removing hands from the steering wheel. On the other hand, cognitive distraction or taking your mind off the road may also occur talking with hands-free device while driving. Hands-free devices do not eliminate cognitive distraction. The National Safety Council reported that drivers using any type of communication device, hands-free or not, have a tendency to “look at” but not “see” an object, and fail to notice 50 percent of their environment. This is an alarming statistic. Distracted drivers mostly experience inattention blindness and one in danger of not being able to execute a safe response to avoid a car crash. Many studies have shown that talking on hands-free devices delays response and reaction time.

Many of us are now using our cars as an extension of our office. It is a big challenge to quit using cell phones, whether handheld or with a hands-free devices while driving. Can you stop? Can we stop as a society? Your life may depend on it. As we increase the awareness about the risks of hands-free devices and cognitive distraction more of us will get the message. Be a part of reducing car crashes, injuries and death by being a disciplined and responsible driver.

We have all seen the commercial where the backup camera stops a car pulling out of a driveway in time to avoid hitting the child pushing his big wheel. Did you know thousands of children are hurt or killed every year because a driver backing up didn’t see them?  At least fifty children are being backed over by vehicles every week in the U.S.  Tragically, back-over incidents take place in residential driveways or parking lots. In over 70% of these incidents, a parent or close relative is behind the wheel. Research groups have concluded that the best way to improve visibility is by installing camera systems which are much better at revealing objects that a driver could not see through the windows and mirrors and could probably prevent thousands of injuries and fatalities.

U.S. auto-safety regulators proposed a new car safety rule mandating that vehicles built after September 2014 includes a rear-view camera system to prevent drivers from backing over pedestrians.  Transportation Secretary Ray LaHood said in a statement, “There is no more tragic accident than for a parent or caregiver to back out of a garage or driveway and kill or injure an undetected child playing behind the vehicle.  The changes we are proposing today will help drivers see into those blind zones directly behind vehicles to make sure it is safe to back up.”  But this decision was postponed pending further study.  NHTSA representatives have reported that the final ruling will be issued by December 2012.

Even though the proposed rule has not yet passed, Honda has considered rearview cameras as a valuable lifesavers.  All of Honda’s trucks and crossovers are now equipped standard with rearview cameras along with 94% of their car models.  Vicki Poponi, an assistant vice president states,” At Honda, we feel this visibility feature will be important to many families and we are widely applying it even before we are required to do so.”

As a Kentucky personal injury attorney, I am hopeful that we could have these kinds of enhancements that will save lives, improve safety and keep people, especially children, safe in and around automobiles. I used one for the first time a couple weeks ago while in Utah. These cameras will save lives and prevent tragic fatal car accidents and child accidents.

We hear a siren behind us and know an ambulance is coming our way. We all know that it is important to pull over and give way to the vehicle since any delay could be deadly to the person needing aid. However, emergency vehicles can encounter problem in passing especially at a busy intersection. Emergency vehicles never know exactly how the cars in front will react or if they even know they are coming.

Last Thursday April 5, 2012, two EMT’s passed a red light trying to cross the intersection of Hurstbourne Parkway and Bardstown Road in Louisville, Kentucky. The emergency vehicle collided with a pickup truck that was not aware that they are coming. It was a severe impact that pushed the truck smashed into a pole.

Most people say that it is not difficult to notice a vehicle with flashing lights and a blaring siren. Some people may get confused on what to do. Others find it difficult to deal with it because they come very fast.

Bardstown and Hurstbourne intersection is one of the busiest in the city according to authorities. Louisville Metro EMS Maj. Michael Will said that, “It’s just a confusing intersection, especially at that point. It’s difficult for opposing traffic to hear or even see. Distraction of drivers can be a big problem to deal and also some drivers aren’t sure on what to do in dangerous situations.

After the crash, two paramedics and two people in the truck were hospitalized. No charges have been filed in the accident.

What are the rules when you hear an emergency vehicle approaching?

In the state of Kentucky, emergency personnel said that drivers in the left fast lane should veer toward the median and not to the right when ambulance approaches. You should pull off the shoulder in the right lane. It is also a protocol to paramedics to come to a complete stop before passing through a red light.

To avoid incidents like this, it is important to increase people’s awareness on what to do when encountering emergency vehicles.

Technology is moving way too fast for me.  Automakers are rapidly adding voice controls for phones, navigation and other dashboard tasks in order to reduce distraction.  At the least this is what they say.  Some safety experts disagree with stating that voice controls may help or hurt drivers’ focus.  These high-tech car voice control systems-speak to the drivers in a soft, calm voice and a conversational manner that is annoying to some drivers.  Chairman Deborah Hersman lamented the “gap in research” concerning car voice controls.  USA Today states car voice controls are “blamed for 3,000 to 33,000 traffic fatalities each year” at a recent National Transportation Safety Board public forum.

Wade Newton, spokesman of Auto Alliance says that members conceive “voice operations are one of the ways to let people do what they’ve come to expect to be able to do with today’s technology, while still keeping their eyes on the road and hands on the wheel.”  But a psychology professor in University of Utah, David Strayer, disagrees.  He noted that “hands on the wheel and eyes on the road aren’t safe if the mind is not on the drive.”

A new car owner named Gary, in Florence, Oregon was interviewed because he had his car voice controls terminated. He couldn’t concentrate on his driving with the woman’s voice telling him what to do.  He added that it’s true that people love gadgets but they forget that a car is no place to play. This affects your life, and your passengers.  He makes sense, right?  Let’s just bear in mind that safety on our Kentucky roadways is much more important than focusing on these high-tech gadgets.  Is one life worth a phone call? You can prevent a car accident by concentrating on the road and waiting to use the gadget until you arrive to your destination.