As everybody is aware, teenage drivers’ insurance policy premiums are very, very high.  My daughter claims that she is a good driver (which she is) and she doesn’t need to waste her time going to “this stupid class”.  Now here is a strange twist. Believe it or not, my 21-year-old became an unexpected ally and is on my side.  She says that a driver’s education class is a must.

New drivers and all drivers under the age of 21 are more likely to be involved in an accident than their older counterparts.  So do driver education classes really work?  Is this something that all new drivers should take?  Or is it just a money making racket?

As a parent I believe that safe and good driving habits come with time and practice.  I believe the same thing as a personal injury and accident attorney. The more time you spend behind the wheel the better driver you become, especially if you have the proper training and guidance to begin with.  This is how automobile accidents are prevented. As with any activity, if you practice bad habits you only develop bad habits. If the parent is guiding the new driver in the proper direction time behind the wheel will help prevent serious automobile accidents in Kentucky.  As with any activity you are learning multiple teachers can be good thing. This adds to the perspectives the student is exposed to.

This is where driver education classes come in to play.  Somebody that can actually teach you the correct rules of the road and the law is invaluable.  A second opinion is invaluable.  Oftentimes a parent is not listened to. An outside authority figure is more likely to get through to a teenager.  The bottom line is driver education classes are not the only avenue of teaching kids how to drive but it should be a part of it. 

Parental responsibility is still the main avenue of learning.  Teaching children responsibility in their driving habits should be a priority.  The National Safety Council has implemented a program called “Alive at 25”. Their motto is “Saving Lives Through Education”.  This is the key to safe accident free drivers, education and time behind the wheel. 

This is why the Kentucky Graduated License Program works.  It doesn’t give a new driver a total control and driving privileges immediately. This program requires the parent to sign the permit applications for anyone under the age of 18, putting responsibility with the parent. A permit driver must drive with another driver over 21 for a minimum of 60 hours of practice driving, 10 hours of which must occur at night. 

After the driver gets their license they are placed in an intermediate driving phase.  Drivers under the age of 18 are not allowed to drive between 12:00 midnight and 6:00 a.m. unless good cause is demonstrated.    Additionally there are passenger restrictions.  All of these rules gradually place the new driver in situations they can handle before more difficult situations may be encountered. They remain under the guidance of more experienced drivers for this time period.  

In my opinion any and all education prevents auto accidents and is a good thing, whether teenagers believe it or not. As for now my 16 year old is driving a car around one time a week that has a big yellow sign on top that says “Caution New Driver”

We have all seen the billboards and the television commercials about the “aggressive attorneys” formally “Winters, Yonkers and Rousselle” now “Winters and Yonkers”.  Whether you are a fan of this type of legal advertising or not, you have to admit that it works because everyone in Louisville, Kentucky knows the name of this Florida based law firm.  The firm has recently been sued in Jefferson Circuit Court by a former client, Sharon Langford.

            Ms. Langford was injured in a car accident in June of 2008.  She alleges that she was not told that her personal health insurance would potentially pay for her medical bills after her PIP benefits were exhausted. PIP benefits are also known as No-Fault Benefits or Personal Injury Protection. She was referred to a medical care clinic called First Physicians Rehabilitation Inc. by the law firm according to the lawsuit. She was told they would take care of injuries suffered in a car accident.  It is reported that the medical facility did not accept health insurance only PIP car insurance. 

Later when Langford needed surgery the firm flew her to another clinic in Florida.  In the lawsuit Langford states that she discovered later that both clinics were owned by Gary Kompothecras, a chiropractor, who also owns the Hepley advertisement referral service 1?800?ASK?GARY.  Langford also alleges in her lawsuit that the relationship between the law firm and the clinic cost her money.  Her attorney, Sam Carl, states that medical bills paid after PIP totaled over $64,000.00.  Health insurance would have paid a portion of this leaving additional money to Langford after settlement of the lawsuit. You can read the courier journal article that I linked above with further details. 

The question that comes to mind is whether or not the referrals to and between the medical clinic and the law office should be disclosed to clients.  It is alleged that this is a requirement.  I would argue that a client should be referred to the best doctor available and not a doctor that is only referring business to the law firm.  I often refer clients to doctors. Those clients would otherwise have no idea where to go.  I give them the name of several doctors based on their needs.  Many family doctors do not want to handle lawsuits or auto accident suits nor do they understand how to bill car insurance for payment for their medical services. 

The question always comes down to what is best for the client.  Any relationship between a doctor and a lawyer should be disclosed to the client. I will watch with interest Sam Carl’s case to see what direction it does go.  It’s safe to say it should be educational for Kentucky auto accident victims and give them the knowledge they need to ask questions of their attorneys as to the relationship between the attorney and the doctor.

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.

I remember the first time I really came to understand this as if it was yesterday. I was working as an Assistant Commonwealth’s Attorney in Jefferson County. I was a member of the Fatal Accident Support Team. I was called out to the scene of fatal accidents in the middle of the night. I drug myself out of bed to an accident scene that involved drunk driving. This was in the late 80’s not long after the horrific Carrolton, Kentucky Bus Accident.

I arrived at the accident scene in the south end of Louisville. When I arrived I was advised as to what had happened. I was asked to review a search warrant to obtain a blood sample to be use to prove the intoxication level of the drunk driver. After I had done my job the investigating officer took me over to the car of the accident victim. He said the driver, an elderly man, was not wearing a seat belt. I am sure I was being tested since I was only three years out of law school. At that time the police officer took my right hand and placed it on the chest of the deceased. It felt like jello. Every bone had been crushed. I realized at that moment that seat belts save lives. My perspective of seat belts had been changed forever.

Why do so many Kentuckians refuse to wear seat belts if they save lives? We have all seen the “Click It or Ticket” campaign. Over 23,000 people are cited for not wearing a seat belt annually on Kentucky roadways. We know that it is against the law and it prevents injuries and deaths.

I saw a video on CNN that might change your opinion of seat belt usage. It is an original approach to road safety advertising from the Sussex Safer Roads Partnership. The title of the piece is “Embrace Life. Always Wear A Seat Belt.” Check it out. It is powerful! It drives home the point that not wearing a seat belt will affect you and your family. Take care of you and your loved ones. Wear a seat belt and prevent car accidents that can change your life. Drive safe Kentucky.

There has been some progress.  President Obama has banned text messaging while driving by all federal employees.  He views text messaging as a deadly epidemic.  I think we have seen through our behavior over the last few years that voluntary compliance of not using a cell phone or texting while driving is way beyond hope. We have too many gadgets in our cars.   

There are some states that have pushed the envelope such as Utah which punishes drivers who killed others while texting with the same penalties as drunk drivers.  That is up to 15 years in prison.  Ironically this law was able to be passed only after two rocket booster scientists were killed after being hit by an oncoming car that swerved into their lane and was texting at the time.   

            Focus Driven has a new web site www.focusdriven.org.   This web site has information on distracted driving, help for victims and family members and ways to get involved.   

In Louisville, Kentucky the police have stated that texting and driving is a growing problem on our roads.  It has been reported that Louisville lawmakers are looking to some 19 other states that already have laws against it for guidance.  Their real concern is how we enforce the law. 

Denise Harper Angel, a Kentucky state senator, is sponsoring a bill which would ban texting while driving. This bill is getting a lot of support.  The bill made it out of the Kentucky House on an 80 to 16 vote. Not only is texting while driving banned, but cell phone use is not allowed for those drivers under 18 years of age.  

There has even been a new phrase coined for texting while driving which is called intexticated.  I hope the new law will focus on banning all texting while driving and not just focus on teenagers.  It is time for us to finally make this change in Kentucky.  Call your State Senator today. If we work together you can save lives.  

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!

A new group, called FocusDriven has developed a program that is patterned after the Mothers Against Drunk Driving.  This program grew out of the Summit on Distracted Driving which was held last year in Washington, D.C. The Summit was sponsored by the U.S. Department of Transportation.  FocusDriven is urging people to break the habit of texting while driving.  They have indicated that texting is similar to any other addictive behavior.  People have become addicted to their cell phones.   

I hope that FocusDriven is as successful as MADD has been in pressuring legislatures and spear heading changes in laws against drunk drivers that cause fatal automobile accidents.  

Safe driving is something that we all should be concerned with.  Distracted driving is not safe driving.  Initially FocusDriven will be operated as an army of people traveling the country helping to convince people to put their cell phones away while they are behind the wheel of a car. The group is led by Jennifer Smith whose mother was killed by a driver who was talking on a cell phone in 2008.   

There are numbers and statistics to support the statement that distracted driving has become a national epidemic.  In 2008, 5,870 people lost their lives in crashes reported to police in which at least one form of driver distraction was listed on the police report as a cause of the accident.  An additional 515,000 people were injured in these accidents.  Distracted driving, as listed on a police accident report, is not just texting while driving.  It  also includes other forms of distraction such as: 

·        cell phone use;

·        eating;

·        drinking;

·        talking with passengers;

·        using in vehicle technology;

·        the use of peripheral electronic devices. 

            The percentage of those distracted and listed on accident reports has increased since 2004 by 3 percent.  My guess is that this number has gone up since the last statistics were reported.   

            Believe it or not the less than 20 age group has the highest proportion of distracted driving.  I say this tongue in cheek. It is obviously no surprise. This group encompasses 16 percent of the accidents caused by distracted driving.  I know this statistic is not surprising but there is good news.  The percentage drops to 12 percent for the ages 20 through 29.   

Statistics show that a driver that uses a handheld device is four times more likely to get in a crash.  We just need to put the cell phones down.  It is the hope that FocusDriven will be a valuable resource for those who have lost loved ones as a result of an accident involving texting while driving and other distracted driving.  They will also focus on prevention much as the Mothers Against Drunk Drivers have. 

            Additionally the Department of Transportation has put an emphasis on putting an end to distracted driving.  It is a top priority for them.  They have launched a federal web site.  This web site has information on distracted driving.  Use these resources to educate yourself. If you text while driving get information that will help you stop. If you know someone who has a problem, give them this information. It could save a life.

            I can’t believe that nothing has been accomplished in Kentucky to prohibit texting while driving. It is running rampant on Kentucky roadways, whether you are in Louisville or Lexington.  There are so many people, not only teenagers but adults, on cell phones and being distracted by other means.  This is making the highways more and more dangerous. 

Last week the Transportation Department announced a new rule that prohibits interstate commercial truckers and bus drivers from sending text messages while they are operating their vehicles.  Those drivers who break this rule will face civil or criminal fines that could go up to $2,750.00.  This rule became effective immediately. 

Texting while driving is just one of the problems that should be addressed.  Many truckers use computers while driving that are required by the companies.  These are dash mounted. As everybody knows multitasking makes driving more dangerous.   

I applaud the transportation department for making this rule.  I hope that the states that have not instigated bans on texting while driving will do so in the near future.  It will definitely save lives.  Hopefully this will help cut down on the 52 deaths that have occurred this year on Kentucky highways.  This is too many deaths from traffic accidents. Whether they are car accidents or truck accidents we need to take whatever steps we can to prevent them from occurring  in the future. The National Transportation Department has taken a big step. Will Kentucky be next?

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.

David Meredith and Omar Lopez were killed after they were hit by a pickup truck on Washburn Avenue in rural Jefferson County, Kentucky.  This accident occurred after Meredith and Lopez’s vehicle had been in a minor rear-end collision on Washburn Avenue.  Apparently the men were standing behind their truck after the accident and blocking the taillights. This made it difficult for the vehicle coming from behind to see the car in the road.  Additionally there was fog in the area. This made visibility even more of an issue.

 Any time you’re on the road visibility is something you should be aware of.  This is the case whether you are a pedestrian, a bicyclist, or a disabled motorist.  You need to make yourself visible.  Bicyclists have reflectors and bright-colored jerseys that some would say make us look ridiculous.  Runners wear vests to make them more visible if they are jogging on the road in the early or late hours of the day.  The occupants of a disabled vehicle need to take precautions to make that car visible on the roadway.  Reflective triangles should be placed behind the car. You can purchase them at almost any automotive store. They should always be used.  Emergency flashers should be turned on.  Do anything you can do to make yourself more visible.  If you do not take these precautions drivers coming up on the accident scene or on you may not have a chance to avoid a tragic accident.

            A few years ago I represented a truck driver in what I would call a freak accident.  A semi tractor-trailer was traveling down I-65 south near Shepherdsville.  The trailer came loose from the tractor and came to a stop in the middle southbound lane of I-65 in Bullitt County, Kentucky.  When the trailer came off there was no power going to the lights on the back of the trailer.  Additionally no reflective tape was on the trailer.  The driver had no triangles or flares to put behind him.  He attempted to get the trailer re-connected to the tractor. 

My client was driving a tractor-trailer and also headed south on I-65.  He stated to me that he was driving along and he knew something was different but it just looked like there was nothing there.  He compared it to a black hole.  By the time he realized that there was a trailer stopped in the middle lane of the expressway he had no chance and slammed into the back of the disabled trailer.  A passerby pulled him out of his flaming truck.  Tragically the other driver was killed as he was between his tractor and trailer at the time.  My client had hit his trailer. This tragic truck accident could have been avoided had emergency flashers, flares or reflective triangles been used. Unfortunately, none of this equipment was even in the truck.

            I bring this up because you never know what is going to happen on the highway.  You need to be cautious and careful at all times.  I represented a client that had just been in a rear end collision. As he was walking back to the driver’s side of his car another car came flying by. Luckily his front door was open and he jumped into the front seat to avoid being hit. Any disabled motorist, whether it be from a traffic automobile accident, a motorcycle accident, a truck accident, or simply a blown rod in your engine, must make themselves visible on the road.  Take precautionary measures to make yourself visible to traffic.

·        Make sure your car lights are on

·        Place reflective triangles out behind the disabled vehicle

·        Place flares behind the vehicle

·        Get yourself off the roadway

·        Wait for emergency assistance to come to your assistance. 

If you take preventive measures you can keep from becoming a statistic. You can avoid a tragic motor vehicle accident. In this way you will be able to avoid the tragedy that happened last weekend on Washburn Avenue.