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.

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.

The overall number of traffic fatalities during the first six months of 2011 decreased but not for 16-and 17-year-olds! Their number went up from 190 to 211. This is an 11 percent increase.  Deaths among 16-year-old drivers went up from 80 to 93 (a 16 percent rise). During that same period deaths among 17-year-olds rose from 110 to 118 (7 percent).  This was reported to be the first increase in eight years according to information from the Governors Highway Safety Association (GHSA).

Florida, Texas and North Carolina are among the states that have the most significant increases in teen fatalities.  There were 23 states that reported jumps in traffic deaths, 19 states had decreases and eight states plus the District of Columbia saw no change.

Author Allan Williams, formerly the chief scientist at the Insurance Institute for Highway Safety said in a GHSA statement that, “While it is not a surprise that these numbers are stabilizing or slightly increasing, states should not accept these deaths as something that cannot be prevented.  More work can and should be done to save teen lives.”  He speculated that the increase may be due to the leveling off of initial benefits from ‘Graduated Driving Licensing laws.  The economy may also be a factor because, more teens are behind the wheel and thus increasing their risk for fatal accidents.

Barbara Harsha, GHSA executive director, believes that states need more federal help to save more teen lives.  The U.S. National Highway Traffic Safety Administration and the states should have funds to be put toward “distracted driving” campaigns directed at teen drivers who may be texting, phoning or simply carrying on with friends while driving.

As a personal injury attorney and a parent, I personally get involved in showing my teens safe driving habits. Distracted driving is 4 times more dangerous than drunk driving.  I prohibit them to any type of distractions while driving, especially electronic devices.  Texting and driving is an epidemic. Programs and campaigns that bring awareness to the dangerous associated with distracted driving will help. In my opinion, however it goes back to the parents. Our examples and rules prohibiting texting while driving will do more than any federally funded program.

The Chicago Automobile Trade Association (CATA) launches The 2012 Chicago Auto Show which started February 10 and will go through February 19. Vehicle manufacturers displayed their latest and high-technology vehicle creation at this show.

During the show, GMC unveiled the new 2013 GMC Acadia crossover vehicle. It has all the latest technologies. It delivers higher level of technology with its new Color Touch radio with IntelliLink, touch-activated controls and color-touch navigation. The IntelliLink adds voice control and seamless smartphone integration. A GMC engineer explained that once you plug your smartphone in, Acadia’s computer system will “read incoming texts to you…so you don’t have to take your eyes off the road.” However, Joel Cooper, a University of Utah psychologist and research assistant professor specializing in distracted driving said that, “it doesn’t look good” and that “Cognitive distraction is not trivial”. This news sounds good for some who uses cell phones while driving and those who want to make their life easier. But does this invention really ensure safety?  The real question is will the distraction take our eyes off the road and cause serious car accidents?

We all that that studies have shown that hands-free devices are as dangerous as hand-held devices and it causes distraction if you are behind the wheel. Just the fact of having a conversation has been shown to distract a driver’s attention from the road. Driving with the use of hands-free devices can still cause the brain to multitask and is cognitively distracted. The use of a cell phone and even the use of hand-held or hands-free devices by drivers are banned in some States.

It has been a challenge to get people to understanding about the risks of talking on hands-free or handheld cell phones while driving. New technologies and inventions may be cool and make our lives easier in the fast lane. It allows is to conduct business during commutes as a Kentucky Personal Injury attorney I wonder whether it is worth the risk if there is even the slightest chance that this distraction would cause a serious injury car accident.  What do you think?

A blog posted by John Patzakis on the eDiscovery Law and Tech blog really caught my attention. The article discussed a case where an attorney and his client were both sanctioned for removing posts from the clients Facebook account. “A Virginia state judge ordered lawyer Matthew Murray to pay $522,000 for instructing his client to remove photos from his Facebook profile, and for his client to pay an additional $180,000 for obeying the instructions. According to the final order in Lester v. Allied Concrete Company.

Murray instructed his client to remove several photos on his Facebook account due to fear that they might prejudice his wrongful death case brought after his spouses’ fatal automobile accident. The instructions were made through Murray’s assistant. The assistant’s email to the client, Isaiah Lester, stated that, “We do not want blow ups of other pics at trial, so please, please clean up your Facebook and MySpace!” According to local press reports, Murray quit his job as managing partner of the largest personal firm in Virginia and he no longer practice law.

Facebook has now been widely used by lawyers, investigators, insurance company and even the police. Some information may serve as grounds for discovering cases of deceit that might win a case. An intentional hiding, altering or destroying of evidence relevant to a legal proceeding is considered spoliation of evidence. Parties who engage in spoliation may face legal consequences. In the situation of Murray, the case he handled costs him a large amount of money and ended his career.

As a personal injury attorney, everyone should be extremely careful as to what they post on social media sites. Their posts may do more harm than good. Once a post is made it is there forever!  Even if it is later removed there are ways to bring those posts back.  Education is the key to the proper use of Facebook.  I have told many accident victims who have came to me for their Kentucky accident case to never post anything that you would not be comfortable with their mother reading in the paper.  I guess that dates me, but you get the point.

Motor vehicle crashes are the leading cause of death among ages 5-34 in the USA.  Many campaigns, projects and awareness drives for road safety are promoted by different organizations in order to save lives.   The American Automobile Association (AAA) is one organization that provides services in automotive and transportation arena, as well as conducting studies on motorist safety and supporting motorist rights.

AAA director of federal relations Chris Plaushin says they wanted to raise the profile and raise the awareness about road safety so they have conducted a study. Their study shows the average cost of $6 million per fatal accident in a motor vehicle crash. The cost of motor vehicle crashes was more than three times that of traffic congestion:  $299.5 billion compared with $97.7 billion.  The congestion costs include the price of gas wasted idling in traffic and loss of motorists’ time.  Traffic fatality cost was based on Federal Highway Administration data on 11 components:  property damage; lost earnings, loss of household activities;    medical costs; emergency services; travel delays; vocational rehabilitation; lost time at work; administrative costs; legal costs; and pain and lost quality of life.  Also, the average cost of an injury-only crash is $126,000.  These numbers are higher as compared to 2005 study wherein cost of traffic fatality was $3.24 million and the injury crash was only $68,170.

These figures are staggering, not only for fatalities but for a car accident.  Plaushin states that AAA’s study is designed to push road safety to the forefront of the national debate over transportation priorities as Congress considers a long-term highway funding bill.  More investment in proven safety measures such as cable barriers along medians to prevent crossover accidents , modernized roundabouts and rumble strips are among of the recommendations from the AAA in order to reduce the financial impact of motor vehicle crashes.  It is evident from this study that the cost of safety measures will be off set many times by the amount of many saved from fewer car accidents and fatal accidents.

Distracted driving is the number one killer of American Teens as reported by the National Highway Traffic Safety Administration. It has been reported that 16% of all drivers under the age of 20 that were involved in a fatal accident have been distracted while driving. Texting while driving is dangerous and deadly but teens, who are more prone to use cell phones while driving are at the highest risk, ignore this. Several states have passed statutes to ban the use of cell phones while driving. Pennsylvania is getting ready to join the more than 30 other states that ban all motorists from texting while driving.

A nationwide public service advertising campaign has been launched that hopes to reduce the number of deaths from distracted driving by educating young adult drivers about the dangers of texting while driving. The campaign is sponsored by state Attorney Generals and Consumer Protection agencies, the National Highway Traffic Safety Administration (NHTSA) and the Ad Council. The campaign is reaching out to drivers through TV, radio, outdoor and digital public service announcements as well as Social media sites such as Facebook, Twitter and YouTube.

Connecticut and Tennessee are participating in the campaign to increase the awareness of teens of the law and the dangers of texting and driving. Attorney General George Jepsen of Connecticut said, “Laws prohibiting texting while driving are not enough. We need to change the culture, starting with the age group most proficient with new technology. They have the power to save lives by focusing on the road and not their cell phones while driving. Stop the texts to stop the wrecks.” Moreover, Attorney General Bob Cooper said, “Imagine closing your eyes while driving for the amount of time it takes to read a text message. Reading a text message is no less dangerous than any other diversion that takes your eyes off the road, and it can carry deadly consequences.”

The new public service ads show teens and adults that when you text and drive, you are not multitasking, but essentially driving blind. All of the ads direct audiences to a new campaign website where teens and young adults can find facts about the impact of texting while driving and tips to control the behavior.

As a personal attorney, I strongly support this new public service campaign. Texting while driving kills and changes lives in the process.  Statistically distracted driving is more dangerous thn drunk driving. This epidemic must be stopped. Our battle cry should be STOP THE TEXT TO STOP THE WRECKS.

This October Apple introduced its latest iPhone 4S that made a lot of people excited and craving to have one. This amazing iPhone comes with a voice-activated software program called “Siri”. It is like having a virtual assistant that helps you make calls, send messages, read incoming text aloud and set reminders.

The New York Times’ David Pogue declared that it is “Big News for Drivers”. The question I have is, as a personal injury attorney, does the use of Siri violate a states texting while driving law? Many states have ban texting while driving, including in Kentucky. Some states disallow the use of hands-free device and voice-activated technologies. Siri could write text messages for drivers but the need to check for misspelled words or the meaning of the message upon transcription can make a driver look at the phone. As more drivers begin utilizing this technology, state lawmakers will have to make a decision as whether Siri is safe to use on the road.  As of now, it will be up to the Courts to interpret the state statute to determine of the use of voice technology constitutes texting while driving.

According to research, cognitive distraction is experienced by drivers while talking on a hands-free phone. The brain can switch between two competing activities that leads to “inattention blindness”, a phenomenon that cause a person to “look at” but not “see” objects. However, research done at Virginia Tech University found that drivers using voice-activated hands-free devices have a lower risk of causing a car accident because the driver’s eyes stayed on the road.

Research on texting using voice-recognition technology is ongoing. The Governors Highway Safety Association, an advocacy group for improving traffic safety, is encouraging states to tackle known risks, such as manual texting while driving, and to ban cell phone use for novice drivers. Safety solutions are also recommended, such as educating the public about distracted driving and its risk and enforcing existing distracted driving laws.

With the sprout of high standard technologies such as iPhone’s Siri, Kentucky’s Court and Legislature will have to tackle the meaning of distracted driving and what it will include.  I believe all texting and driving should be banned.  What do you think will best prevent serious car accident?

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.

The Kentucky Supreme Court is being asked to review a fetal death lawsuit which was brought by the future grandfather, Thomas Stevens, seeking damages for the death of a fetus in a car accident.

It was August 16, 2008,  when a 24-year-old Desiree Amber Stevens bearing a 14-week old fetus was heading east in KY 52, when another driver tried to cross the highway in front of her causing the terrible accident that killed Stevens and her unborn child. An Estill Country trial judge granted wrongful death damages for Desiree but not for the unborn child.

Circuit Judge Thomas Jones wrote that, “Harsh as it seems, damages for a non-viable fetus are not recoverable.”The Kentucky Court of Appeals affirmed that ruling last month.  Stevens and his lawyer, J.T. Gilbert of Richmond are asking the Kentucky Supreme Court to reconsider the suit.

Gilbert said in interviews that Kentucky Courts since 1955, have allowed compensation for the wrongful death of a viable fetus. He also argues that in other areas of the law, the Kentucky Assembly has proclaimed that life begins at conception.

However, in July 29 Court of Appeals judges said that the law considered in Steven’s case is Kentucky’s wrongful-death statute, which says damages may be recovered only for the death of a “person.” Lawyers for Progressive and Flynn’s lawyer noted that Kentucky courts have rejected damages for nonviable fetus, generally those that are less than 24 weeks.

According to Chicago-based Americans United for Life, only nine states permit recovery for the wrongful death for fetuses before viability and most states allow it only for viable fetuses, as Kentucky does.

Stevens’ case doesn’t involve abortion, but a ruling for the family could have effects on state’s abortion laws and would likely affect how auto insurance works.

Gilbert said that Stevens is still emotional about the deaths and that Stevens filed the claim on behalf of his daughter’s fetus “to honor that he had a grandchild” and to protect her rights. Desiree Steven’s mother also said that “He wasn’t just a fetus to us – he was a boy and he had a name, Logan Dylan.”

I urge the Kentucky Supreme Court to expand Kentucky’s wrongful death law. Every life has value and our laws should allow compensation if it is taken away by the negligence of another.