Groups, such as FocusDriven, who are pushing for texting while driving bans, are at odds with the automakers in many aspects.  We all know that any time we take our eyes away attracting high interest from Intel and Google as a source of business in the future.  The dollar from the road it increases the chance of an automobile accident. Despite this auto manufacturers have unveiled new technology, which although it is really cool, will add to this problem. In the near future cars will have Internet connected computers right in the front seat, smack dab in the middle of the dashboard. These new dashboard computers are signs are definitely there. This is technology that people must have.  It is viewed as an item people will not be able to live without. The screens are approximately 10?inches and located above the gear shift. They show high definition videos, 3?D maps, and web pages.   

Safety advocate groups are up in arms claiming that these devices will just create more deaths.  Nicholas A. Ashford, a professor of technology and policy at the Massachusetts Institute of Technology, stated “unfortunately and sadly, it is a continuation of the pursuit of profit over safety, for both drivers and pedestrians”.   

Audi has a system on its way that will be available this fall.  It is a pop down with a touch pad.  Apparently a notice that pops up when the system is on reads “Please only use the online service when traffic conditions allow you to do so safely”.  Does Audi really believe this is going to work?  If somebody has this toy and it is available any warning will be ignored or a distraction in and of itself.   

There are voice commands systems that are available from some manufacturers but the video is still going to be available and located front and center.  Other companies, such as Ford and their new My Ford system, will allow the driver to adjust the temperature for a friend while the car is in motion but it will only allow you to use the web browser when the car is in park.  These systems are going to have WiFi capability and USB ports. They are a computer in the car.  As predicted by Michael Rayfield, a general manager at NVIDIA, a chip company, that cars are going to become the most immersive consumer electronic device we have.  

We have come a long ways since the horse and buggy days and in some ways maybe we should go back. When we are driving we should be only driving!

            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.

This past weekend I was invited to help plant trees along Bardstown Road between the Showcase Cinema and Hikes Lane.  This invitation was extended to me by Cindie Cook of the Bon Air Neighborhood Association.  For those of you who are not familiar with Cindie she was friends with Jen Futrell. Jen was the cyclist that was struck and killed by a van while riding her bike home from work down Bardstown Road on October 3, 2008.

This was a tragic accident that has brought attention and outrage to the plight of cyclists and pedestrians.

The Bon Air Neighborhood Association, as a group is a big part of an effort to make the Bardstown Road corridor a tree-lined boulevard that is both pedestrian and bicyclist friendly.  Cindie Cook believes this would encourage people to stop and shop.  Also, there is a hope that it would bring new business to the area, especially the now vacant Showcase Cinema buildings.

I believe an area that is active and as busy as Bardstown Road could be a much safer place for pedestrians and cyclists and especially those that live in the area.  As I was planting trees along Bardstown Road, the amount of traffic was unbelievable. Cars were buzzing by with very little break. I know it is hard to judge speeds as you are standing along the side of the road, but I would guess that many of these cars were speeding. During my three hours on Bardstown Road I saw two car accidents that occurred within 75 yards of where I was working. I also became oblivious to the horns that were honked almost continuously.

There was very little way for people in the neighborhoods along this stretch of Bardstown Road to walk to the mall, to restaurants or to even to cross the street.  My hope is that the efforts of Ms. Cook and the Bonaire Neighborhood Association will make this area safer, limiting automobile accidents, pedestrian accidents and bicycle accidents. 

I learned from Cindy that Kentucky is currently seventh in the nation in pedestrian and bicycle fatalities.  There were 32 cyclists and pedestrians killed in Louisville, Jefferson County, Kentucky in 2008.  It is her hope that the tree plantings will add awareness to bikers and walkers, as well as being a tribute to her friend that was killed.  I applaud Cindy Cook for her focus on celebrating and memorializing the life of her friend and for trying to make the streets a safer place. I believe her efforts will save lives and prevent many serious accidents from occurring.

The City of Louisville has experienced bicycle accidents and pedestrian accidents that have resulted in deaths over the past year. These include the triathlete that was killed during an event at E.P.Sawyer State Park earlier this year as well as several young children who were hit while riding their bikes. All of these deaths are needless and my sympathy goes out to the families and friends. They do, however, help to show the need for more driver awareness of those they share the roads of Kentucky with. We need more Cindies in Louisville to help make our roads safer.

Pedestrians and bicyclists beware! The Smart Car could get you. A problem has arisen with the national trend toward the development of electric cars. Electric cars make very little sound. That is a good thing for a driver and a passenger trying to carry on a conversation, but a potentially dangerous situation for pedestrians and bicyclists. Bicycle accidents and pedestrian accidents can be deadly.

The goal of the manufacturers of electric cars has been to develop and make them as quite as possible, as if the occupants were riding on air. This lack of noise and quietness can be extremely dangerous for those who depend on the noise of a car to avoid an accident. When I am out on the road riding my bicycle it is hard for me to hear an electric car until it is right up on me and passing me. It is as if it appeared from no where.

My wife has had the same experience while she is out walking for exercise. She trains for walks as long as 26 miles. I have heard her complain of cars sneaking up on her. This can be dangerous for all concerned. It is just as dangerous for a pedestrian crossing the road at a crosswalk. If a car making a turn and coming around the corner it is out of the sight of the pedestrian. The likelihood of an accident is increased if the pedestrian is not able to hear a car coming. I suspect that this is an even greater problem for the visually impaired.

Engineers are developing ideas to equip electric cars with artificial noises. Maybe in the future you will be able to pick the sound your car makes as it goes down the road much the way you now pick ring tones for your cell phone. I might pick a Jimmy Buffett song for my car.

At a meeting this September Nissan presented several proposed sounds to the National Highway Safety Administration. These artificial noises included:

·        The Chime

·        The Melody

·        A Futuristic Whirl

Congress is looking into legislation that would require vehicles to give “non-visual” warnings to pedestrians. There is a divide as to whether these sounds should be added to the electric car.

I believe adding sounds to an electric car will help to prevent some serious and deadly automobile accidents involving pedestrians and bicycles. This is especially true in the city. Without some sound coming from a car a bike or a pedestrian has very little chance of avoiding a serious accident.

Several years ago I was waiting for the light to change so I could cross. I was standing at the corner of 5^th Street and Muhammad Ali Blvd. I had my mind on a court hearing I was headed to. As the cross walk sign changed from “Don’t Walk” to “Walk” I put my foot over the curb and stepped into the cross walk. As I was doing this I heard a loud noise and instinctively stepped backed as a bus roared by me as it ran the red light. I was very close to becoming a hood ornament. Without the noise the bus made I am sure I would have been.

There are sounds on crosswalks and in elevators. Putting a noise or warning system on electric cars seems like a no brainer to me. It will make Kentucky roads safer and give bikers and walkers a chance at avoiding a serious car accident.

The city of Louisville has announced a new community awareness campaign called “Street Sense” with the hope of making our streets safer for bicyclists and pedestrians. The premise is we all share the same roads and should work together to make our Kentucky roads safer for everybody. You will see billboards on the side of the highway , at bus stops and on buses. You will see television spots and web videos. Even the good old fashion print ads will be part of this campaign.

The premise is to educate the public and make everyone more aware of the different ways of traveling on our Louisville roads. The Street Sense website has statistics and safety tips. Statistics automobile/bicycle accidents and automobile/pedestrian accidents include:

• Three  cyclists were killed and another 118 were injured in Metro Louisville in 2008 .

• Twenty-one pedestrians were killed and another 353 were injured. In 2008 locally.

This doesn’t count what has happened this year and in past years.  John Carr was the seventh bicyclist killed in Louisville within the last three years. This was at the Triathlon event at E.P Sawyer State park despite the presence of many other cyclist, cones and off duty police. Kenneth Yates has been charged with drunk driving and murder. In 2005 a drunk driver struck and killed, Charles Barfield, a cyclist on Bardstown Road. The driver was charged with Drunk Driving and Murder. He later plead guilty to Manslaughter in the second degree.

During this same three year period there have been a reported 482 accidents involving bicycles and motor vehicles. I am aware of several in the past month that have resulted in serious injuries that are not reported in the news. This doesn’t take into account the thousands of close calls that have occurred.

There are also tip sections for motorist, bicyclists and pedestrians to make the roads safer. Any serious cyclist will acknowledge that those of us that ride bicycles are not perfect and are the cause of some accidents and some near misses. Unfortunately, when you have the car you will win against a bike. It is up to you to protect the 10 year old boy that is pedaling to a friends house. It is up to you to make sure the mother makes it home to her daughter after a long walk. Respect for others is not a dirty word.

There are many drivers that are openly hostile and aggressive against anyone on a bike. I saw that in comments to a Courier-Journal article. I quote; “Those goofy helmets and spandex shorts are enough to make anyone want to run you down…lol”Not at all  funny and a sad reflection on the attitude of a few people towards bicyclist and runners.

I have been buzzed so close  by a septic truck that I have ridden into a ditch. The person driving thought it was funny to come up behind and get as close as possible and lay on his horn. Not humorous at all from my perspective. I have had Mountain Dew cans thrown at me that thankfully have missed.. It doesn’t take a law degree or a High School Diploma to figure out that these are dangerous activities. It is plain old common sense what you should do and not do on the road.

Most of the Street Sense tips are common sense and you should know them from taking your driver’s test. Unfortunately common sense doesn’t always prevail when we are driving. Abramson says “all we can do is educate and inform.” I agree, but let’s take it one step further and respect everyone on the road.

I might no look great in spandex bike shorts, but do I deserve to be hit? As a cyclist I have the right to ride in the middle of the road, but shouldn’t I be respectful of the cars that are stuck behind me? Give them as much room as possible so they can get by and you can be safe. Check out www.louisvilleky.gov/StreetSense for some great tips. It is a great review whether you are a runner, a walker, a bicyclist or a motorist. Learn what others on the roads are doing and turn your common sense into Street Sense. It will save lives!

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.

It is spring time and bicycles, scooters and walkers are everywhere. Unfortunately there are going to be accidents. One of the questions that people have is who is going to pay for my medical bills and injuries if I am in an accident where I am hit by a car while on a bike, scooter or walking down the street. There are several insurance policies to look toward for payment.

First, let’s look at payment of medical bills. Personal Injury Protection or PIP applies. You first look to the insurance of the car that hit you for PIP benefits that insurance will pay for up to $10,000.00 of medical bills and loss wages. If the car that hit you does not have insurance you would look to your personal car insurance policy. I know you weren’t driving your car, but the PIP Benefits will still apply and pay your medical bills. It is secondary to the at-fault car. Your insurance company will attempt to collect the money they pay for medical bills back from the person that hit you if they choose. If you do not own a car and do not have car insurance you will submit your bills to your health insurance. If you do not have health insurance you may be eligible for the Kentucky Assigned Claims Plan.

Now what about pain and suffering? Do you have a case for personal injuries if you are hit while on a bike, scooter or walking? YES! You will sue the person that hit you. If they have insurance you will deal with their insurance company. If they do not have insurance you would look to their personal assets. Should they have no assets do not give up. You should look to your own car insurance and your uninsured motorist coverage. Even though you were not in your car this coverage may be available to you and pay you for your pain and suffering for your injuries. You need to contact an attorney who is familiar with these claims so he can take a look at your policy. Depending on the policy language you may still be able to recover damages. The point is, don’t give up. Look at all available coverage to make sure you are compensated.

Summer is right around the corner. The weather is beautiful in Kentucky this time of year and this means that there are more pedestrians, bicyclists and motorcycles on Kentucky roads. When you are out driving and enjoying the weather be extra careful. Don’t be distracted and pay attention to what and who is on the road. This small change in your attitude could safe someone’s life.

Seattle Accident Attorney blog by attorney Chris Davis outlines an interesting program by the Seattle Police Department that I think more cities should embrace. I believe this program and police efforts will save lives. According to Davis, the Seattle Police are starting a program of “sting” operations to catch drivers who don’t stop for pedestrians. The police will be using live decoys. The pedestrian decoy will approach a cross walk and monitor a driver’s response. This is a great idea. I hope we see a similar operation in Louisville, Kentucky by the Louisville Metro Police Department.

Pedestrian accidents can be devastating. They can also be difficult to prove unless witnesses come forward. When a car collides with a person in the crosswalk or on the side of the road the results are almost always life changing. I know that there is a duty on the pedestrian to watch out for a car and many times the accident may be their fault. If a pedestrian is crossing outside the cross walk they may be partly to blame. If a child chases a ball into the street you may be to blame. Don’t take the chance. Slow down and watch out for pedestrians this summer. A crosswalk sting may be coming to a city near you.