Will a $25.00 fine really deter the conduct of texting while driving? Text messaging is a part of the teenage culture. Kids don’t want to talk on the phone. My daughter will send a text and wait for a reply rather then call a friend. I couldn’t get my sister off the phone when I was growing up.        

As I am sure you are aware, Kentucky now has a law that prohibits texting while driving. The hope is that this law will help to prevent serous car accidents and crashes. You are not allowed to text and drive. I am not going to go the question as to why we would need a law that is simply common sense. Texting while driving is more dangerous than drunk driving. Intexicated driving causes more accidents than intoxicated driving.

But my question is did Kentucky go far enough in the penalties put in place for violating this law?  Are the penalties enough to really deter the act of text messaging?  Are auto accidents going to be prevented? Are lives going to be saved?

Children of the 21^st century have grown up with cell phones. Text messaging is their No. 1 form of communication with friends.  Driving to work every day, I see people texting while they’re driving. Kentucky drivers are looking down at their cell phones and not looking at the road ahead.  They are not paying attention to the cars around them. What happens if a car suddenly stops or a child runs into the street?

 The penalty range for texting and driving starts at $25.00 for a first offense and $50.00 for a second offense, yet the consequences can be severe and deadly in many situations.  It has been said that text messaging is worse than driving while drunk as far as your ability to control the car.  This can be said of any type of distracted driving. 

My question is should Kentucky’s texting law have more severe fines and penalties?  In states like Utah it is a crime of manslaughter in a situation where you are texting and driving and have a fatal accident causing a death. Does this go too far? I think tougher penalties are more likely to deter the conduct that we are trying to eliminate from our roads.  As a personal injury attorney I can use evidence of texting while driving in a civil trial. This may enhance what a jury would award.

Text messaging and driving is very dangerous.  I know I have posed a lot of questions. Only time will tell if the law deters texting while driving and helps to prevent car accidents. I think the penalty for texting while driving in Kentucky should be more in line with what the actual damage done by this very negligent behavior. I am curious to hear your thoughts.

On April 25, 2010 Governor Beshear signed a bill that makes it against the law in Kentucky to text message while driving. This bill became the law in Kentucky today, July 15, 2010.  You are no longer allowed to drive a car and text message.  I know this states the obvious, but Kentucky has finally joined the majority of the states in having a law that prohibits texting while driving in an attempt to prevent serious car accidents caused by distracted driving.

What does the new law mean? What activities does it prohibit? What happens to you if you violate the law?

If you are under the age of 18, you are prohibited from using a cell phone while driving a motor vehicle of any kind.  No talking. No texting. No checking your e-mail. You cannot use the phone at all.

If you’re over the age of 18, you cannot use a cell phone to send a text message, receive a text message or read a text message while you’re driving the car.  You can use the cell phone to make a call. There is no requirement that you use a blue tooth or head set.

What happens if you get caught violating the law?  What I mean is what happens if you text while driving and get caught by the police? Until January 1, 2011 absolutely nothing will happen to you (other than being 23 more times as likely to be in an automobile accident, but that is a story for another time). Warnings are going to be given by the police so you will not actually receive a ticket for violating the law. 

After the first of the year you will receive tickets for the offense of texting while driving if you are pulled over in conjunction with any other type of violation. The fines for this are minimal.  For a first offense it is $25.00 fine plus court costs, which in Jefferson County are $134.00.  For a second offense, it is $50.00 fine plus court costs. Not much more than a slap on the wrist in my opinion.

The bottom line is do the obvious and don’t text while you’re driving. You will be in violation of Kentucky law if you do.

How much automobile insurance coverage should you have on your family’s car insurance in Kentucky?  What is enough to protect your family should you be involved in a serious Kentucky car accident? These are questions I am asked when people find out I am a personal injury attorney. I try to give the best advice I can.  Most people do not have enough car insurance. They assume that if a car hits them and causes an automobile accident that the at-fault car will pay for all of the damage. This may not be the case.  

This is a follow-up to my last blog where I outlined the available Kentucky insurance coverage.  Here are my recommendations for your family’s Kentucky car insurance. I strongly recommend that you purchase at a minimum the following for your policy of insurance: 

·         Bodily injury liability:  $300,000.00 per person, $500,000.00 per accident

·         Property damage liability:  $50,000.00 per accident

·         Collision:  $50,000.00 per accident

·         No-fault or PIP benefits:  I recommend add a reparation benefits of $30,000.00.  This is especially true if you do not have health insurance.

·         Uninsured motorist coverage:  $300,000.00/$500,000.00 per accident

·         Underinsured motorist $300,000.00/$500,000.00 per accident

            These are minimum recommendations. It is important to note that the increase in your premium for this increased coverage is very inexpensive as compared to cost of the basic policy.  Check the rates with your car insurance agent and see what happens. For a sample of the increase in your rates for increasing your policy limits see the appendix of my book What You Don’t Know about Buying Car Insurance Can Hurt You. 

Don’t let your insurance agent tell you that you don’t need to purchase the additional insurance coverage and limits as I’ve listed above.  Especially uninsured motorist and/or underinsured motorist coverage. These are must have coverages to protect your family in case of a car accident.  

There are many reasons they may not tell you about these coverages.  Some insurance agents are given bonuses if there are no third-party claims made or a minimum number of third-party claims made on policies they have sold.  Third-party claims are those that are made under uninsured and underinsured motorist coverage.  You are eating into their Christmas bonus if you make a claim under this. 

Let’s give you an example of what could happen.

Bob was in a Kentucky automobile accident. He walked away from the auto accident without a scratch, but his twelve-year-old son, Chris, was severely injured. A drunk driver ran a red light and crashed into their car. Bob’s car was totaled. His son, Chris, was taken by ambulance to the emergency room. He had a broken arm, a back strain and glass in his face. Chris had surgery and pins were inserted in his arm. Chris should be okay, but he will have to endure several months of physical therapy.

The drunk driver did not have Kentucky car insurance. Bob doesn’t have health insurance. He has questions. How will he pay the $22,000.00 of medical bills Chris will incur?  How does his car get repaired? Will he get paid for the time he misses from work to take his son to his doctors and physical therapy? Can he sue the drunk driver?

Bob thinks he has full coverage on his car. I take a look at his policy. Bob has the Kentucky minimum insurance. He has $25,000.00 per person in liability coverage and $10,000.00 in PIP coverage. He does not have collision coverage on his car and he has waived his Uninsured Motorist and Underinsured Motorist Coverage (Bob had no idea what he was doing when he signed the insurance agreement doing this but it saved him $20.00 on his premium). The few dollars Bob saved on his premium is now going to cost him thousands and thousands of dollars. Unfortunately for Bob, there is no way around this horrible outcome.

What does this mean? Since the drunk driver had no insurance and no assets our next step is to look to Bob’s insurance company to pay his son’s medical bills and to compensate Chris for the pain and suffering he has gone through from the ride in the ambulance while strapped to a back board unable to move to the tears in his eyes while he goes through physical therapy, and for the pain he will endure for the rest of his life. 

Unfortunately, Bob only had minimum coverage, which is what the Commonwealth of Kentucky says is the lowest amount of insurance you can have on your car and legally drive. The Lowest limits are 25,000/50,000/10,000. The $25,000.00 is per person or the most available to a single person. The $50,000.00 is for the entire accident no matter how many people are injured. Finally the $10,000.00 is for the property damage.

Even worse, the Uninsured/Underinsured Motorist Coverage Bob waived to save a few dollars on his insurance premium would have protected him and his son in the event that the at-fault person in this Kentucky car accident (in Bob’s case the drunk driver) did not have insurance.  Since this protection was waived there is absolutely no insurance money to compensate Chris for his pain and suffering. The only recourse for Bob against the drunk driver that hit his son is to sue him in Civil Court. Unfortunately, it will be next to impossible to collect any money from the drunk driver since it is likely that he has no assets and will be a candidate for bankruptcy.

To make matters worse, Bob didn’t have Collision Coverage so he had to pay to replace his car out of his own pocket. This is not a situation you want to be in. It gets worse.

What about Chris’s medical bills? Well Bob did have PIP coverage. This will pay the first $10,000.00 in medical bills for Chris. Bob will have to pay the additional $12,000.00 of his son’s medical bills (Bob didn’t have health insurance). So, not only did Chris get nothing for his pain and suffering, Bob has to pay $12,000.00 and buy a new car.

Since the drunk driver had no assets that could be attached, Bob’s son cannot get anything for pain and suffering, Bob has to repair his car and pay out of his pocket for any other expenses he has. If only Bob had been better informed he would have purchased the right insurance and this situation would have been avoided.

This is example shows you why you need to be proactive and know what your insurance coverage is. Talk to your agent today so that your family is protected should you be in a Kentucky auto accident.

I am a Kentucky personal injury attorney.  I represent the victims of car accidents, truck accidents, fatal accidents, motorcycle accidents, bicycle accident and pedestrian accidents. When I speak with an accident victim I am concerned about the type of insurance coverage that the potential client has.  This insurance coverage often makes a huge difference on what I am able to do for a Kentucky accident victim on any particular case. This is especially true if the injuries are serious or fatal and the at-fault car did not have insurance coverage. 

One of the first questions I ask as I am getting to know a new client is “What type of car insurance coverage do you have?”  The answer that I get 90 percent of the time is, “I have full coverage.” I have learned that this means vastly different things to different people. So I ask the follow up question “What do you mean by full coverage?”  The answers I get vary. They are rarely the same. The potential client is almost never correct. Unfortunately, when someone becomes an auto accident victim it is the first time they really look at their own car insurance policy. 

I ask for a copy of the insurance policy declarations page to make sure I am getting accurate information.  The declarations page is a sheet or bill that you receive from your car insurance company that shows the different types of insurance coverage you have purchased , the limits, the amount that you pay for each coverage, and the cars or vehicles that are covered on your policy.

Now here’s the kicker.  Full coverage is a term that people hear all the time. I use it. I am sure you have used it. Guess what? There is no real definition for it.  You cannot ask your insurance agent for full coverage. This is not an all inclusive term. This makes it extremely important to know the different types of insurance that are available. This will enable you to purchase the best car insurance for you. In other words what full coverage is for you.  The different coverages available to you in Kentucky are:

• Bodily Injury Liability- Mandatory insurance that covers the injuries you cause to other people if you are in an automobile accident that is your fault.
• Property Damage Liability- Optional coverage that pays for damage done that is your fault to other vehicles or property.
• Collision- Covers property damage done to your own automobile by an actual collision and nothing more.
• PIP, Personal Injury Protection, or Basic Reparations Benefits- Mandatory coverage that is also known as No?Fault insurance. This insurance pays for your medical bills and lost wages up to $10,000.00 should you be in a car accident regardless of fault. 
• Added Reparations Benefits- Optional benefits that you can purchase in addition to your PIP for medical coverage and lost wages above $10,000.00. 
• Uninsured Motorist Coverage- Pays you for your pain and suffering and your out of-pocket expenses if you’re in an automobile accident and injured by a driver of a car that does not have insurance.
• Underinsured Motorist Coverage- Covers you for injuries you have sustained in an automobile accident that was not your fault when those injuries are greater than the insurance coverage of the car that hit you. 
• Miscellaneous coverage such as towing      
• Comprehensive- Covers damage to your car caused by something other than a collision, such as crack in your windshield.
• Umbrella Policy- Additional insurance you can purchase in case you have liability that is in excess of the limits of your other insurance. You may also purchase coverage for additional under insured motorist coverage under some umbrella policies.          

You can tell by this list that the only mandatory insurance coverage required by the State of Kentucky is bodily injury liability coverage, property damage liability coverage, and no?fault or PIP benefits.  The minimum amount of coverage is $25,000.00 50 for liability coverage.  As you can tell, this will not even be a drop in the bucket should there be a serious accident.  The minimum for PIP is $10,000.00.

For more information on Kentucky car insurance request a free copy of my first book “What You Don’t Know About Buying Car Insurance Can Hurt You.”

Make yourself an informed consumer when you buy car insurance and make sure you protect your family in case you are the victim of a Kentucky automobile accident.

Everyone knows the dangers of distracted driving. We know we shouldn’t use a cell phone while we drive, especially texting while driving.  What affect would this have on an auto accident claim in Kentucky? 

The initial investigation into a distracted driving case involving texting or talking on a cell phone at the time of a car accident is very similar to the investigation of any automobile accident case.  A personal injury attorney will obtain a copy of the police report; get photographs of the accident scene and the vehicles. Witnesses will be interviewed. Insurance policies will be reviewed.

Other lines of investigation will include the at-fault driver’s cell phone provider at the time of the Kentucky car accident.  All cell phone records will need to be subpoenaed and reviewed. Those would include all personal numbers and employer numbers. You need to review  all cell phone records.  Cell phone records are important because they can show the time and length of a call on a particular date. If you can pinpoint the exact time of the accident you can show whether or not a defendant was on a cell phone at the time.

A defendant will have to explain the cell phone use during his deposition. Questions I would ask during a deposition would include:

• Were you on the cell phone at, near or during the collision? 
• Were you dialing your phone at, near or during the collision?
• Were you picking up your phone at, near or during the collision?
• Were you touching your phone at, near or during the collision?
• Were you looking up a phone number at, near or during the collision?
• Did you have your phone in your hand for any reason at, near or during the collision?
• Were you texting on your phone at, near or during the collision?
• Have you ever used a cell phone while driving?
• Have you ever had an accident with a cell phone? 

Unfortunately this type of litigation is going to become more and more common.  I don’t believe the new Kentucky cell phone law is going to curb the use of cell phones for either talking or texting.  As the verdicts and penalties increase then the behavior will change.  It will take time.

If a personal injury attorney discovers information that indicated a cell phone was being used by the at-fault driver theories of negligent causation and failure to abide by a statute will be considered.  Reckless driving or gross negligence are other theories that may be pursued. The law is developing, but these fact situations may justify punitive damages if the activity was grossly negligent or recklessness.  It will be interesting read Kentucky Court opinions as the law develops. Only time will tell whether any of these theories of negligent will be applied to cell phone use.

            There is a call that no parent ever wants to receive.  Unfortunately, I did receive that call a couple weeks ago. 

I was in a deposition with a client on their Kentucky car accident case when my cell phone vibrated.  I recognized the number. It was my 16?year-old daughter who had just got her Kentucky driver’s license a month and a half before.  I let the call go to voice mail, but she immediately called me back.  This is our signal that it is an emergency and she HAS to speak with me immediately.  

I asked to take a break from the deposition so I could return my daughter’s call.  On the other side of the line I heard in half understandable words, “Dad I’ve just been in a wreck.”  I said, “Calm down.  Are you all right?”  She responded “The car, the car, the car.” I told her “I don’t care about the car.  Are you all right?” 

As I deciphered my daughter’s words in between the sobs I discovered that her neck was hurting from the automobile accident. She was driving to study for finals with three of her friends. She stopped at a light. Friend #1 stopped behind her. Friend #2 stopped behind Friend #1.  At that point in time Friend #2 was rear-ended by a blue minivan.  This set off a chain reaction that ended up with my daughter getting hit in the rear; the car in the middle was sandwiched and got the worst impact in this car accident. 

Then here’s what happened that made it all the worse.  The van took off.  It was a hit-and-run accident.  None of the girls thought quick enough to even try to get the license plate or a good description.  After all they are 16 and new to driving. The police responded to the scene and did an investigation but there was little they could do with no information. 

Luckily my daughter was okay and her friends appear to have no medical issues after a few weeks of treatment. You have to be extremely careful what you write about your Kentucky personal injury case, whether it is in a blog or on Facebook. That allows me to talk about it at this time and make my point. You should always be alert and try to keep your head after an accident.  Document as much as you can at the automobile accident scene. Take pictures of everything at the scene, including cars and skid marks. Give all information that you can to the police. 

Uninsured drivers are everywhere. If my daughter would have been seriously injured, we have Uninsured Motorist Coverage which would have paid for any pain and suffering.  Thankfully we also had PIP insurance which will pay for any and all medical bills. In fact was have Added Reparations Benefits which will pay medical bills up to $50,000.00. 

I hope none of you ever receive this call but if you do, the most important thing is to make sure that your child stays calm in this traumatic situation.  If anyone reading this would like a copy of the free brochure I offer, “What to do if You’re in an Automobile Accident”, please go to my website. You can download a copy there or if you send me an email I will be more than happy to mail you a copy free of charge.

The insurance adjuster wants to take a recorded statement from you, the victim of a Kentucky car accident. You have been injured through no fault of your own. You are hurting. All you want is to go to the doctor, have your medical bills paid and to get your car fixed. Now the insurance company wants to take your statement and grill you like a suspect in a television crime show. You didn’t do anything wrong.

 Kentucky automobile accident victims come into my office and tell me that they have been called by the insurance adjuster. Most accident victims give a statement because they feel that they have to.  This is not the case.  You do not have to talk to the insurance adjuster from the at-fault insurance company if you don’t want to. In most circumstances it is advisable not to speak with them until you have spoken to an experienced personal injury attorney. You have the right to refuse.

Insurance adjusters take statements on an almost daily basis. They have an agenda or purpose behind what they are doing.  They are not trying to find out exactly what happened in the case, although that is part of the purpose. They are also trying to get information from you they can later use to defeat your car accident claim. The insurance company is trying to limit the amount that they are going to have to pay you for your injury claim. 

Eventually in most situations you will give a statement to the insurance company. You should do it only after you have been prepared by your attorney. This will help to put you on a level playing field with the insurance adjuster. Once you know what your rights are and what the insurance company’s agenda is for this statement you will be better equipped to protect your rights. You will be able to give a statement that will be beneficial to your Kentucky accident claim.

Wait to give your statement. There is no rush. Make sure that you’re not on pain medications Make sure that you’re not still recovering from injuries. You should not be in extreme pain when you give a statement.  You don’t want to give a statement right after an accident when your adrenaline is still high and you don’t know exactly what your injuries are.  Wait; time is not of the essence as the insurance adjuster makes you feel. Give yourself a chance to recover and be educated so that you know what the statement is really about. By doing this it is less likely that you will say anything that will damage your accident case.

            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.

Kentucky is a No-Fault Insurance state. What does this mean? There are a lot of Kentucky accident victims who hear this term and believe that this means that it doesn’t matter who caused a automobile accident. People come into my office all the time and are confused by the term No-Fault. They believe that anyone who is injured in a Kentucky automobile accident can recover for their pain and suffering. Some people believe that no matter whose fault the accident is they are going to get paid for their injuries. This is not what it means at all.

What No-Fault means is that no matter whose fault the accident is your own personal car insurance will pay for your medical treatment for injuries from the car accident.  This means that even if the car accident was your fault you can go to the doctor. You can receive medical care and treatment for your injuries. This is where the term No-Fault comes from.

You don’t have to worry about how you are going to pay for your medical care. Your medical bills will be paid. You can go to the doctor of your choice. You don’t have to worry about the insurance company of the person that caused the accident agreeing to the treatment. There is no pre-authorization that a doctor needs to get before they can treat you for your injuries.

The name of the No-Fault Statute is actually the Motor Vehicle Reparations Act. You can find it at KRS 304.39 et seq if you really want to read the statute. It is not the most entertaining reading I have ever done by any stretch of the imagination, but it does contain the rules that cover how insurance company handle medical care and the payment for that care in auto accident cases in Kentucky.

The purpose of the No-Fault Act, as it is called, is to make sure that people that are injured in accidents are able to get the treatment they need.  This helps to give you peace of mind. It has nothing to do at all with whether or not the accident was your fault and whether you can collect for what is commonly called pain and suffering. There must be an at-fault party to sue for you to have a personal injury case and collect for your pain and suffering. No-Fault only deals with the payment of medical bills. It has nothing to do with a pain and suffering settlement.

The bottom line is if medical care is related to injuries sustained in a motor vehicle accident in Kentucky they will be paid by your No-Fault benefits.

When a client comes into my office on an initial consultation, one of the questions that are almost always asked is “How much is my accident case worth?”  As a personal injury attorney I dislike talking about money at this point in time. It is too early. I have to look my potential client in the eye and say “I have no idea.”

         At this point in time there is no way to know.  At the beginning of the case there are too many questions that are left to be answered. To give an accurate assessment of what that value of a personal injury case is you must:

·        Have insurance information

·        Assess the strength of liability

·        Review and analyze all medical records

·        Know what the injuries are

·        How the accident has affected the client

·        The permanency of any injury 

Once you have finished treating and we know what the extent of your injuries are and whether or not you are going to recover or have permanent injuries that is the time to assess the value of your accident case.  You almost never can assess the value of it at the beginning of the case.  You need to wait to the end to find out what the real long-term consequences of the accident are on your life.

At that point in time a personal injury attorney will use their experience to put a value on your pain and suffering, medical bills and loss of power to labor and earn money. A valuable tool that is used is trial experience. I also use The Kentucky Trial Court Review which is put out every year by Shannon Ragland. Since 1990 Shannon has been summarizing every civil jury trial that has been tried in Kentucky. These summaries of verdicts are an invaluable tool that I use to help asses the true value of a case, which is an accident victim’s pain and suffering. By comparing a case with similar fact situations I can get an idea as to what a jury has awarded under similar circumstances.

Insurance companies have tried to systematize placing a value on a car accident case by using programs such as COLOSSUS. This computer program is used by part of the insurance industry in an effort to minimize settlement values in personal injury cases. These computer programs are used to make settlement offers uniform and to ultimately increase the insurance companies profits. The insurance adjuster simply enters the data into the program. The program then gives the adjuster a range that a case can be settled in. This is one of the many reasons your attorney needs your entire medical history and all of the facts about your automobile accident case.  By making sure the adjuster receives all the appropriate information that is used in the computer program and outlining that data, your attorney can increase the odds that the settlement offer is as high as possible.

        Placing a value on a case is not a science. Many times it is a gut feeling that only experience can truly give you.