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.

Driving under the influence (DUI) is a crime where a driver operates a vehicle while impaired by the effects of alcohol or drugs.   Alcohol impairs your driving abilities, both conscious and instinctive.  Your visual judgment, night vision, speed, braking and steering ability, distance, reaction time if another car makes a sudden move and all your instincts and reactions you take for granted are impaired by alcohol. 

As a Kentucky personal injury attorney I always look to see if the at-fault driver was drunk.  This increases the value of the personal injury claim, because there can be a claim for punitive damage.  Drinking and driving can have a serious impact in one’s life.

The “Jackass” star Ryan Dunn, 34-year-old, died in a car crash that happened at about 3 a.m. on Route 322 and New Street in West Goshen Township last June 20, 2011.  He was driving his 2007 Porsche 911 DT3, with a passenger who was not yet identified.  Neither survived the crash and died due to the serious injuries sustained in the accident. According to the West Goshen Township Police Department, Dunn’s car was off the road, in the woods and was “fully engulfed in flames” when they arrived to the scene. 

It was reported that Dunn arrived at a bar called Barnaby’s of America in West Chester, PA to hang out with a small group of friends.  A friend said that Dunn was not too drunk to drive for he had only 3 Miller Lites and 3 girly shots and was spending nearly a 4 hour span in the bar.  But according to a person who was inside the bar, Dunn was indeed very drunk.  Dunn even posted a photo on Twitter showing of himself drinking with friends’ hours before the fatal car accident. 

Our prayers go out to the family of Ryan Dunn and his friend. Hopefully, this terrible tragedy will help educate and bring the dangers of drunk driving further into the spot light. Organizations, such as MADD (Mothers against Drunk Driving), a U.S. non-profit group already does a terrific job in its campaign against drunk driving.  Everyone should be involved. Our loved ones are all potential victims and in danger from drunk drivers.

From a legal perspective, the passenger may have a claim against Dunn, as the driver, if this accident had happened in Kentucky. There may be factors, such as knowledge of Dunn’s drinking, which would have a negative effect on the accident case.  There may also be a “Dram Shop” case against the bar where Dunn was drinking if it can be shown they had knowledge that Dunn was intoxicated and still sold him drinks.

Pike County has one of the highest traffic death rates in Kentucky State. The County is normally ranked second or third behind larger areas like Lexington and Louisville for traffic fatalities.

Last year State Officials reported that 21 lives were lost in automobile accidents on Pike County roads. Officials say that Pike County has less seat belt usage and a higher rate of speeders than other counties in Kentucky. This is a huge problem according to officials. State and local leaders and police have begun new target enforcement in Pike County in an effort to change these habits and hope fully save lives.

As a targeted enforcement area, flashing speed limit signs are going up across Pike County- Police will have a higher and more visible presence on the highways. Police also are hoping to educate the public.  This strategy is hoped to decrease traffic accidents. They are also starting new campaigns to get more people to buckle up.

The County has also created the Pike County Highway Safety Team made up of police, citizens, and officials to discuss other new safety measures.

Pike County leads the Kentucky in finding ways to decrease traffic fatalities. Deadly car crashes are a problem for every country in Kentucky. Is this something all counties can look at? Should high accident areas be targeted? Is this financially feasible? I don’t know the answers to these questions, but if we as a community can make effort that will save even one file from a tragic car or truck accident than I believe it should be done.

Are you horrified hearing news about fatal crashes that happen daily?  In Kentucky, countless number of automobile accidents have already occurred this year but also from the past years causing deaths and serious injuries.  Is this like a trend that we just need to get used to it?  This is just the way it is.  Wrong!  We need to act now to prevent fatal car accidents caused by the negligence of distracted drivers.

Our primary responsibility as a driver is to operate our vehicle safely.  Here are some tips to keep us focused while driving. 

•       Pay attention when you are driving, even if you are familiar with the area.  Keep your eyes on the road and your hands on the wheel.
•       Don’t text or talk on your cell phone while you are driving.  If you need to make or answer a call, pull over to a safe place.  But it is best to turn off your cell phone if possible.
•       Limit in-car distractions such as fiddling with the stereo, eating, putting on makeup and other activities that can distract your driving ability.  Too much noise and movement around you could also be dangerous because it can keep you from seeing important stuff on the road.
•       Always buckle up.  Seatbelts are savior during car accidents.
•       Use your head.  Make smart decisions, use your common sense, follow rules of the road and you’ll be a safer driver.
•        If you need some motivation on your driving, listen to those who have lost children, parents and friends as a result of distracted driving.  It will surely change your mind and move you to be a more responsible driver. 

I know that the do’s and don’ts are easy to remember but not so easy to do.  Let’s try to ignore our phone and pay attention to the road.  Your life and others lives depend on it.

Do you think you can drive and text or talk on a cell phone at the same time?  A simple question yet crucial to preventing serious injury car accidents.  Motor vehicle crashes are the No.1 cause of death in the United States.  Motor vehicle crashes are among the top three causes of death in a person’s lifetime.  Research has found that talking on a cell phone quadruples your risk of an accident.  When you are text messaging and driving, the crash risk goes up to eight times.  So, do you think your brain just can keep up?  I don’t think so and research is on my side.

Most of us believe that our brain can work the way we’d like it to work.  We have become a society of multi-taskers but we can’t multitask.  It drains our brain.  People often think that they could effectively accomplish two tasks at the same time.  Multitasking is a myth because the human brain does not perform tasks simultaneously.  The brain actually handles tasks sequentially.  It will perform only one task at a time.  When we believe we are multitasking we are really attention switching.  Distracted driving endangers the drivers’ safety and the people on the road around him.  Dialing and texting can take a driver’s eyes from the roadway for five to ten seconds.  Did you know most crashes have less than three seconds reaction time for you to be able to avoid the car accident?  Do I need to do the math for you?

There is also inattention blindness that most distracted drivers experience.  Drivers are looking out the windshield but they do not process everything that is happening on the road in front of them.  Obviously, Kentucky drivers need to effectively monitor the surroundings of the road.  They need to seek and identify potential hazards so the driver can respond to unexpected situations.

Everyone should think first before picking up a cell phone to call or text while driving.  Is it really worth it?