As a Kentucky accident attorney clients frequently ask me “how do you get paid?” How much money do I need to have to hire a personal injury attorney? Do I have to give you money up front to take my case?  The answer is NO. 

Almost all auto accident attorneys or personal injury attorneys take cases on what is called a contingency fee basis.  A contingency fee means is you do not pay anything up front and you do not pay your attorney on an hourly basis. A personal injury attorney is paid a percentage of what they recover or settle your accident case for at the end of the case.  In most cases the contingency fee is 33and1/3% or 1/3 of the recovery. Sometimes the fee may be 40%. Generally, if there is no recovery, you do not owe the attorney a fee.  This is good for you, the accident victim.

You do not have to pay anything up front at the time you hire an attorney. While you are treating with doctors and while you are off work you don’t have the extra money to hire an attorney.  The attorney will get paid at the end of the case.  A personal injury attorney will charge you nothing unless he wins your Kentucky accident case. The bottom line is you don’t have to worry about coming up with any money to hire an attorney in an auto accident case.  A contingency fee is almost always offered. That is the way the accident attorney will be paid and you will be able to get good representation.

We are coming to the end of a long, cold and snowy winter. Most of us are praying for spring.  I have to admit that it is still ski season for me and another month of cold weather wouldn’t bother me at all. But we have all had it with snow covered Kentucky roads, even me.  

You’re probably expecting me to talk about winter driving and how to drive safely in the snow and accident prevention.  Well, you’re wrong this time.  As I was driving to work one morning last week I saw a bicycle rider pedaling through the snow.  I applauded him for having a flashing light on his bicycle for visibility. This most definitely helps to prevent bicycle and car accidents. I admire his determination on getting to his destination. 

Somehow this bicyclist got me thinking about motorcycles. They will soon be on the road in the spring.  I further pondered what really prevents motorcycle accidents.  Are there steps that motorcyclists can take to prevent being involved in a motorcycle accident on Kentucky roads? 

One article I found about motorcycle safety had the premise that other drivers don’t care about motorcycles. The point was that car drivers are not specifically looking for motorcycles. This attitude puts an extra burden on the motorcycle to anticipate a cars next move.

I also found a lot of misconceptions that are believed by motorcycle riders to be true which in fact are statistically false! These include:

• Loud pipes save lives.
• Motorcycle helmets break necks.
• Helmets block your ability to see or hear danger.
• A helmet won’t help in most crashes.
• A helmet will leave you brain damaged in a crash when you would have been simply dead.
• A skilled rider should be able to handle almost any situation.
•  One beer won’t hurt.
• It’s better to stay in your lane than split lanes.
• I’m safer on the street than on the interstate.
• A skilled rider can stop better with conventional brakes than with anti-lock brakes.
• Laying it down prevents accidents

      Statistically all of the above are inaccurate. They are common misconceptions. Nobody wants to cause a motorcycle accident.  As a motorcycle rider you need to be aware of things that can hide or limit the visibility of your bike such as the sun, roadside poles, signs, other cars and trucks, etc.  To put it simply: Be aware of your situation and your surroundings.  This will help prevent auto accidents and motorcycle accidents.

Let’s look at a few of the above and why they are in fact inaccurate statements.

• Although loud pipes can save lives and there’s arguments for that, it usually won’t help a driver notice you if he’s making a turn in front of a motorcycle.  Once again, you need to be aware of your situation.  Wear brightly covered clothes to make you more visible to cars and traffic.
• All studies show that helmets will help in crashes.  They don’t hurt your field of vision. Statistics are clear that riders and passengers that wear helmets survive more accidents. Wear one.  Although I don’t ride a motorcycle I would not dream of skiing or riding my bicycle without a helmet. It could save your life.
• Laying it down just ensures that you’re going to be in an accident.  Once again, be aware of your situation. There is not one avoidance tactic that works for every potential accident.
• Don’t drink at all if you’re riding a bike.  One beer will lower your reflexes and may be the difference in avoiding an accident.  Not everyone is Dr. Johnny Fever, of WKRP in Cincinnati fame.
• Interstates are the safest roadway for motorcycles. This is because there are fewer distractions for drivers. There are no pedestrians and there are no intersections.
• Anti-lock brake systems stop faster and don’t skid.

Car drivers need to be aware of motorcycles as they come out in the spring and become more prominent.  Unfortunately, as a motorcyclist you can’t count on this. If everybody is aware of what is going on there will be fewer accidents.

·        Wear a helmet.

·        Wear bright colors.

·        Turn your high beams on during the day.

·        Ride as if other drivers on the road can’t see you.

·        Don’t drink and drive.

This will help prevent serious motorcycle accidents and injuries this spring and summer in Kentucky.

            Without evidence you will not be successful in pursuing your Kentucky accident claim. Whether it is a car accident, a truck accident, a bicycle accident or a wrongful death case you must be able to prove what happened. I know this is a harsh statement to start this article off with but it is the truth.  Without witnesses, pictures, medical proof and other documented evidence you are not going to be successful in prosecuting your Kentucky accident claim.  I use the word prosecuting because as an accident victim you are in a position of being required to prove your claim to the insurance company. Yes, much as a prosecutor does in a criminal case when he is arguing for a conviction. 

In the past few weeks I have had numerous clients come into my office who have been injured in auto accidents.  The facts have been somewhat strange and bizarre. They include:

·        Hitting parked cars

·        Cars illegally parked

·        Cars in front going into reverse and backing up for seemingly no reason. 

·        Buses swerving over the center line

You might think that this is a no?brainer. How could anyone not believe these people?  Isn’t it easy to show whose fault these accidents are? This is not always the case.  You never know what the other side is going to say, what reasoning they’re going to give or what they’re going to say about you. Believe it or not they may not tell the truth.  I have had to decline representing people in the last few weeks because:

• There were no photos to prove the position of the vehicles at the time of the accident.
• There were no independent witnesses to verify my potential client’s story.
• The police investigation was inadequate.  There were no diagrams or measurements made as to the positioning of the vehicles. 
• There was not immediate medical treatment.

Immediately following an accident the adrenaline is flowing.  Your brain is foggy.  You’re almost on auto pilot.  You are not concentrating on what is necessary to prove your case. You have no idea that any of this will be an issue. This is the furthest thing from your mind. Over the next several months you may find that without these items it is impossible to prove your case. The insurance adjuster may not be as friendly when you are finally asking to be compensated for what you have been through.  

You need to make sure you protect yourself by:

·        Obtain the names of witnesses to the accident.

·        Take pictures of the damage to BOTH vehicles. 

·        Document the position of the vehicles with photos.  You can do this with your cell phone or a camera in your pocket. You can use a sketch pad. But get the information!

This is just at the accident scene.

            I was speaking to an insurance adjuster today about a client’s claim. We will call her Sarah.  A witness that was in a yard next to where the accident happened had given a statement to the police. This witness claims that Sarah struck the car in front of her before she was rear ended.  The impact from behind was definitely more severe and we will be able to collect on the claim.  However, the adjuster wants to deduct for Sarah’s contributory negligence. He is arguing that Sarah is partly to blame for her injuries, based on the witness statement.  This may in fact occur. It is a jury issue. But Sarah has a fighting chance. She was on the ball enough to get the names of two independent witnesses who were not listed on the police accident report. They were on the front porch of the house next to where the accident happened. They observed the accident and can verify that Sarah did not run into the car in front of her until she was propelled into that car by the rear impact.

Sometimes this is just luck but having the awareness to document the evidence can save your Kentucky accident claim.  We have a fighting chance to prove that Sarah is right.

The insurance company is looking for any reason they can to:

·        Deny your claim

·        Defeat you claim

·        Lower the amount of money they are going to have to pay out on your claim. 

This is their job.  This is why they make the money they do. That is why insurance companies are profitable. That is why they have the lobbyists in Frankfort arguing their position. 

Protect your Kentucky accident case by documenting and documenting and documenting from the time you’re in an accident to the time you have finished treating and finally settle your claim. You must document.  By doing this your Kentucky bicycle accident case will be successful! Your Kentucky motorcycle case will be successful! Your Kentucky truck accident case will be successful!  Do not get caught into the trap and think that somebody else will do it for you.  Take matters into your own hands so that you can successfully prosecute your claim.

            We have made it 2010.  How many people have made their New Year’s resolutions?  I have a suggestion every Kentuckian should resolve to be a safer driver. We must attempt to make our Kentucky roads safer.  How can we avoid serious automobile accidents?  How can we avoid striking a pedestrian or a bicycle? How can we be more careful and avoid motorcycle accidents?  The answer is obviously yes.  In getting 2010 off to a good start I decided to give you my top ten ways to be a safe driver.  Here we go.

            10.       Pay attention to what is going on around you. 

            9.         Expect the unexpected.  You never know when you’re going to have to react.  I’ve been trying to teach this lesson to my daughter as she learns to drive.  I’ll let her tell you some of the stories at a later time. 

            8.         Don’t tailgate. 

            7.         As a bicyclists you must obey the rules of the road.  Don’t ride on the sidewalks.  Make sure that you are aware of what the cars are doing.  Remember cars can’t see you as well as you see them. Drivers of cars need to watch out for bikes too. Remember that bikes have the same rights as cars. 

            6.         Motorcycles don’t needlessly speed and be aware of what cars are doing. When I ski I need to watch out for other skiers as well as snowboarders, who go down a hill differently then a skier. I have to be aware of this and respect the differences to avoid an accident. A driver of a car needs to have the same respect for other vehicles that are on the road. 

            5.         Avoid road rage.  A calm driver is a safe driver. 

            4.         Be courteous.  This goes along with No. 5. Let another car into traffic.  Don’t cut them off.  It won’t kill you. This goes a long way toward helping to control a driver’s temper and traffic running smoothly.  Remember everyone is trying to get somewhere in a hurry and where they are getting is just as important as where you are going. 

            3.         Remember a yellow light means to stop, not speed up and try to get through the intersection.  If you can stop safely you should.  A yellow light only means that you should clear the intersection if you are in it. If you speed up at a yellow light sooner or later you will cause an accident. 

            2.         Make sure your car is in safe working order.  Make sure the tires, brakes, etc. are all working properly. Have your mechanic check your car out. It is a lot cheaper than being in an accident. 

            1.         Drumbeat please – don’t be a distracted driver.  Get off your cell phone.  Don’t text.  Don’t  look up phone numbers.  Don’t put on your makeup.  Distracted Driving is the No. 1 cause of accidents in America today overtaking drunk driving (which you obviously shouldn’t do either, so we will make it 1A). I actually saw a young girl try to text and drive on the snowy roads last night on the way home. She probably ended up in a ditch some where.

            I’m sure I could easily have a top 25 list of ways to avoid automobile accidents. I hope this gets your mind thinking on how you can avoid automobile accidents and be a safer driver on our Kentucky roads.  Nobody is a winner if there is an accident.  Let’s keep them to a minimum this year.

Last month I wrote a blog warning Kentucky auto accident victims that information placed on an accident victim’s social networking site can have an adverse affect on the settlement of their case.  You may have thought that this was Chicken Little yelling that the sky was falling, that I was a little paranoid. Unfortunately a friend of mine, Seattle attorney Chris Davis, has a client that has learned this the hard way. In a blog posted by Davis he tells the horror story of a client that down loaded pictures and videos to his facebook and myspace pages that literally cost him $20,000.00!

            Davis starts his blog with a statement that this is a true story. During the course of litigation Davis’s client posted pictures and videos of himself snowboarding. This was two years after the accident, but before the case was going to trial.  He was going to trial to get compensation for neck and back injuries suffered in a car accident.

Can you imagine the reaction of a jury? They are hearing evidence in a case where the accident victim will be asking for an award of money damages for their pain and suffering. During the trial the attorney hired by the insurance company shows a video of the accident victim speeding down a mountain on a snowboard and then going over jumps, flying several feet in the air and landing with a thump. The case is over at this point.

            I am sorry that Chris had this unfortunate experience. It is horrible to put your blood, sweat, tears and money into a case and work for a client you truly believe in and then have your hard work fall apart before your very eyes. I do want to thank Chris for posting this information so that we can all learn from it.

            You need to be extremely careful in what you post on your facebook, myspace, twitter, etc. You don’t know who will be able to gain access to the information. It may be a potential employer. It could be an insurance adjuster playing cybersleuth. Whether you are a Kentucky accident victim or a Washington accident victim you need to protect yourself by being careful. Learn from this $20,000.00 mistake.

May is Motorcycle Awareness Month in Kentucky. I see the sign on the mornings when I take I-71 to the office in Louisville. It is flashing for all to see. It is summer and all drivers should be aware of more motorcycles and bicycles that are on the road. This advice applies to the riders as well. I have seen some horrible injuries that are the result of motorcycle accidents. I have seen legs that have been damaged for life. I have seen helmets that have saved a life when the rider of a motorcycle comes through the windshield of a car. The resulting injuries are usually severe and life changing for all involved.

Since it is Motorcycle Awareness Month and because I represent those injured in motorcycle accident I was pondering the dangerous nature of riding a motorcycle. I was also thinking about the fun and the adrenaline rush that must go along with it. This got me thinking as to whether there was any way to make the riding of a motorcycle safer without taking away the feeling of freedom. My mind initially went to motorcycle awareness campaigns. I have no doubt that they do save lives, but this does not make the bike safer in and of itself. Then I came across a The Ohio Motorcycle Lawyers Blog where attorneys Boyk, Bruna and Emch talked about a product called the Impact Jacket. I thought this is a great idea. This is basically a motorcycle airbag system. A jacket is worn by the rider that is attached to the motorcycle by a lanyard and an anchoring cable, I assume by a cord similar to a treadmill or Jet Ski. If the rider is ejected from the bike the cord triggers a CO2 canister that inflates the jacket in a mere .05 seconds. The inflated jacket is supposed to lesson the severity of any impact with the road or a car.

This appears to be a great safety device or is it just a gimmick? I think the Impact Jacket should help protect the rider while letting one enjoy the freedom and exhilaration that riding a motorcycle gives.Let’s have a safe Motorcycle Awareness Month.