The 2012 National Work Zone Awareness Week was scheduled for April 23-27. This is the 12th year and the theme was “Don’t Barrel Through Work Zones! Drive Smart to Arrive Alive.” The National Work Zone Awareness Week campaign was initiated in 1999 by the Federal Highway Administration (FHWA), American Traffic Safety Services Association (ATSSA), and the Association of State Highway and Transportation Officials (ASHTO) to build public awareness of work zone safety. The campaign is very important. On average, a life is lost every 13 hours and someone is injured every 13 minutes in work zone car crashes nationwide. Drivers should be aware about the dangers of driving through work zones and always proceed with caution.
Construction work has begun on Interstate 71 where one lane of the interstate has been closed while crews repair bridge decks. It is scheduled to be completed by April 30. Even though National Work Zone Safety Week has passed, drivers should still be reminded to slow down and pay attention. According to Kevin Bailey with the Kentucky Transportation Cabinet, “Stay awake, stay alert, stop texting and talking, pay attention to the fact that we are out here. We’re here working for you and trying to make things better, so give us the benefit of the doubt and be aware that we are here.” This will be especially there during Derby week. There will be heavy traffic to all Derby events on I-71. Fight the urge to be in a hurry to get to your Derby party. Don’t risk the lives of workers in this area.
Drivers are always urged to “Drive Smart” in work zones and be aware of workers, traffic control devices and construction equipment when traveling in areas where projects are ongoing. Here are some work zone safety tips for drivers to avoid auto accidents.
Buckle Up! – Wear safety belts every time you travel.
Stay Alert! – Devote your full attention to the roadway.
Pay Attention! – Turn the radio down and don’t use your cellular phone.
Be Patient! – Remember workers are improving the road for future travels.
Follow Signs! – Signs guide you through work zones safely.
Don’t Drink and Drive! – Impairment of any kind is unacceptable.
Be Nice! –Don’t tailgate and don’t change lanes in a work zone.
Expect the Unexpected! – Watch for flaggers, workers and equipment.
Don’t Speed! – Follow posted limits and adjust for weather conditions.
Follow these tips to make every week National Work Zone Awareness week in Kentucky!
Would it be too much to ask for zero accidents on our Kentucky roadways as we kick off 2012? Unfortunately, five motorists have already died in four separate crashes on Kentucky roadways during the New Years’ holiday period, which began at 6 p.m. on December 30, 2011 and ended January 2, 2012 at 11:59 p.m.
The accidents involved motor vehicles in which two of the victims were not wearing seat belts. Single-fatality crashes happened in Jefferson and Perry counties. There was also a single fatality crash in Harlan which involved the suspected use of alcohol. A double-fatality crash occurred in Owen County.
The Kentucky Fatality Analysis Reporting System (FARS) preliminary statistics indicate that 715 people had lost their lives on Kentucky roadways through December 31, 2011. The following shows the fatality statistics for 2011.
·570 motor vehicle fatalities ( 289 victims were not wearing seat belts)
·61 motorcycle crashes fatalities (34 victims were not wearing helmets)
·25 ATV crashes ( 21 victims were not wearing helmets)
·53 pedestrian crashes
·2 bicycle fatalities
·2 scooter crashes
·2 horse-drawn vehicle crashes
There have been a total of 121 fatalities in these motor vehicle accidents which involved the suspected use of alcohol. This is 45 less fatalities than reported for the same period in 2010. As a personal injury attorney, I am hopeful that the decline in fatalities will continue throughout the year. Let us all do our part in keeping our Kentucky roadways safe.
According to a recent report the United States could save 2,000 lives a year if all 50 states established comprehensive programs of phased-in privileges for young drivers. A report from the Allstate Foundation and the National Safety Council stated that an estimated 20 lives can be saved in Kentucky from the implementation of a more comprehension graduated driver licensing law.
Auto accidents are the leading cause of death among teens. Every State has a form of GDL, which rewards novice drivers with additional driving privileges as they gain experience and maturity. John Ulczycki of the National Safety Council and other experts say that the most effective GDL programs contain seven components.
The seven components are:
Minimum age 16 for a learner’s permit;
Six months before unsupervised driving;
Minimum 30 hours supervised driving during learner’s stage;
Intermediate licensing at 16 ½ minimum;
Intermediate nighttime driving restriction beginning no later than 10 p.m.;
No more than one non-family passenger for intermediate license holders;
Minimum age 17 for a full license
New York and Delaware are the only states that have programs with all seven components. In Kentucky, the GDL program includes:
a) A six month learning permit at age 16 that requires adult supervision;
b) A restriction on driving after midnight during the permit level;
c) A six point limit on traffic violations to age 18, with a penalty of license suspension; and
d) A four hour driving education class. Under the current National Highway Traffic Safety
Kentucky’s program no longer meets the minimum requirements for a full GDL program with seven components recommended by the National Safety Council.
This is an issue that Kentucky Lawmakers should consider. As a Kentucky Personal Injury Attorney and a father of a teenage daughter, I am concerned about the number of car crashes involving teen drivers. I agree that more lives and more money will be saved if GDL programs in Kentucky will be strengthened. This is enhancements to the current law should defiantly be considered by Kentucky Law makers.
Kentucky accident victims should never hide the fact that they have prior injuries! They should not fail to disclose any fact for that matter. Their personal injury attorney should know everything there is to know about them, even more than their own mother. Dishonesty can destroy a case in a number of ways. When your attorney and doctor know what’s going on, what your history is, they can react to it. A plan that’s best for your car accident case can be developed. If you hide an old injury from your doctor or attorney, it creates a lot of problems in the handling of your accident case and the outcome of the case.
One of the most common things accident victims do is fail to tell their attorney and their doctor about a prior accident that they were in. Along the same line is not telling them about being treated for a similar injury even if it was not from an accident. At the very least this hurts your case. First, because the doctor doesn’t know about the prior treatment, he’s not going be able to treat you properly. The tests needed to properly evaluate your injury will not be ordered. Prior medical records will not be reviewed.
Also, should your accident case go to court and the insurance defense attorney asks your doctor the question, “Did you know about the accident that happened in 2002?”, and he says “No, my patient never told me about that”, it makes the doctor look like he wasn’t thorough. And even worse it makes it makes it look like you were being dishonest. That you are a liar. The theory would be if you were dishonest about that, are you dishonest about something else that’s going in the case.
The insurance company will eventually have access to all of your medical records. They are going to discover if you have previously complained about neck pain or were in an auto accident 10 years ago. If a Kentucky accident victim tells their doctor and attorney this information at the beginning of the case it will have very little affect on the outcome of your case. On the other hand, if the insurance company finds it on their own it can significantly lower the amount you will receive in compensation. Honesty is the best policy!
The Insurance industry has been trusted for many years. It protects us all from tragedies, at least so we think. Do we always get what we think we are paying for? Insurance companies are required by law to work in good faith with their customers. Unfortunately, its weak regulation and delays in handing claims have ordered this trust.
Russ Roberts, a New Mexico-based management consultant and former business professor at Northwestern University who studied the insurance industry’s evolution from a service business to a profit-driven machine said that, “Claims has been converted into money-making process.” The change started when consulting giant Mckinsey & Company sold Allstate and other leading insurance a new system where a computer-driven method produced purposefully low offers to claimants in auto accidents.
There have been cases of complaints where consumers suffered financial hardships because of delayed payment of insurance claims. Studies have shown that insurance companies delay claims to help save millions of dollars. Some claimants who file cases against insurance companies will never see the end of their case because of death, other injury or lack of interest. Some insurance company purposely delay claims as tactic to manipulate or evade legal insurance claim settlements and to increase their own profit.
As of November 28, 2011, the NAIC had received 11,503 delay-related complaints this year. How can you keep yourself from being taken advantage of by insurance companies if you have been injured in a Kentucky car accident? You are the one injured you have experienced a loss. You deserve to be compensated under the insurance policy. Knowing your rights and the law is the first step to making sure you are not taken advantage of. My book “7 Potholes That Can Wreck Your Kentucky Accident Case” was written to give Kentucky car accident victims thorough understanding of the claims process in a car accident case. Order your complementary copy today so you can level the playing field and not be taken advantage of by the insurance industry.
A shocking report was released September 27, 2011 from the U.S. Centers for Disease Control and Prevention (CDC) showing of approximately 1.7 million people suffer a traumatic brain injury each year, many because of auto accidents.
Traumatic Brain Injury (TBI) is sudden, non-congenital physical damage to the brain from an external force that temporarily or permanently disrupts normal brain function. Some form of traumatic impact such as a blow to the head, violent shaking or penetration of the brain tissue from impact falls, vehicle accidents and violence is usually the cause. Half of all traumatic brain injuries are the result of a motor vehicle accident. Any damage to the brain can impair physical and psychological activity. In more serious cases of TBI, the complications can be fatal. Injuries can range from mild, to severe but the long-term effects are often devastating and life-altering. About 75 percent of TBIs are classified as mild, but many who suffer severe TBI require an extensive hospitalization. The Centers for Disease Control (CDC) has even reported deaths due to TBI.
TBI is sometimes referred to as the “silent epidemic”, because it can manifest itself without outward signs of damage. Jonathan Lifshitz, an assistant professor at the University of Kentucky Chandler Medical Center’s Spinal Cord and Brain Injury Research Center, stated that many people with TBI are “walking wounded” and suffer from injuries that are serious but not easily observable. Consequently emergency care and surgery is frequently necessary, followed by medication, therapy and cognitive rehabilitative training when TBI occurs. TBI can cause permanent changes in mental processing, including slowed thinking, dulled attention, memory problems and impaired judgment and change the victims life wholly.
You or your loved one can make a claim if you suffer TBI or serious injuries which are caused by someone else. You should contact a personal injury attorney immediately after the incident in order to help and give you advice for any potential legal claims and any significant things for you to know. Many times a Traumatic Brain Injury is left undiagnosed. This can be due to coping by the injured or embarrassment.
Do not let traumatic brain injuries go without treatment. I had a conversation with only yesterday where a family member saw noticeable differences in the behavior of a niece after an auto accident. She was from behavioral changes and memory loss which caused her to lose her job. The TBI injury was never diagnosed and no personal injury claim was made. Often someone suffering from TBI does not know what is best for them. Make sure that they get the treatment they need so they can be compensated for this devastating injury.
Are you insured? If you are, you know its importance! If you aren’t insured, what is your problem? You definitely need to. Everyone knows the importance of having Kentucky car insurance. Why don’t all Kentucky drivers have insurance? The economy, recession and no jobs are all excuses. Car Insurance is neglected by some drivers, meaning an increased number of uninsured motorists in Kentucky. According to the Insurance Research Council, the estimated number of uninsured drivers is as high as 25% in some states.
In Jefferson Country, Louisville, Kentucky a program allowing uninsured drivers to avoid a huge fine has been stopped because court officials found it impossible to monitor the high number of participants. It ended May 6, 2011. Jefferson District Court judges determined that the Insurance Diversion Program wasn’t managed properly and was unsuccessful. Chief District Judge Sean Delahanty said that the court system lacks manpower, technology and resources to deal with the program.
There are about 7,000 participants in the No Insurance Diversion Program. The people are living pay check to pay check. They make choices on how to spend their money. Often food and clothes wins over car insurance. The financial penalty for getting caught with no insurance makes it harder to pay for insurance and comply with the law. The current participants will be the last unless the judges and state Administrative Office of the Courts officials figure out a way to run it effectively.
Under the program, participants who were referred by prosecutors, would plead guilty and show proof of insurance. Then court workers would call the participants’ insurance companies every month to ensure they kept the insurance policies hadn’t been canceled. At the end of the two years, the charge was dismissed and could be taken off their record.
This was an effective way of helping to keep insured vehicles on the road. Unfortunately, as a Kentucky personal injury attorney, I see accident victims who have been injured by careless drivers who have no insurance routinely. With so many uninsured drivers on the road I strongly urge you to check your auto insurance policy and make sure you have uninsured motorist coverage. The cost is usually less than $50.00 a month. This could make the difference in being compensated if you are in an auto accident with an uninsured Kentucky driver.
Statistics show that elderly drivers are more likely than other drivers to receive traffic citations. This is believed to be due to their decreased driving ability. It is a fact that older drivers are at higher risk of being involved in car accidents. When should the elderly be required to surrender their car keys and their Kentucky driver’s license? Are their factors that should be considered other than driving ability?
According to a report from the National Institutes of Health, there are about 7 million older Americans who suffer from depression induced by isolation that often accompanies the end of driving. Deborah Hersman, the chairman of the National Transportation Safety Board says,” We know that people who remain mobile have the ability to be independent longer.” Is this the reason why Kentuckians are reluctant to restrict the driving privileges of senior citizens?
Independence is what we all want. When we first get our driver’s license it is the ultimate in freedom. I remember getting in the car to drive just for the sake of driving. Of course gas prices were a lot lower back then. I can only imagine what it would be like if this freedom was lost or taken away from me.
Many communities around USA are working to keep seniors mobile. There are programs to help the elderly adjust to life without driving. Some if these programs include:
Volunteer programs where people volunteer their driving services to take seniors to appointments and outings. These programs are provided at a very low cost for seniors. They help them retain a normal life and their dignity.
Senior transportation programs such as the Independent Transportation Network, ITN America which begun in Maine and has now affiliates in 14 metro areas. With this program, it allows volunteer drivers to bank transportation “credits”. Seniors members can use the credits to pay for their own rides once they stop driving and can even donate their vehicles and receive credits for future rides.
Phoenix-based RidePlus, a private company, offers sedan service with drivers that are trained in senior care, CPR, first aid and also provide assistance with bags and may be a companion on their outings.
Jacob Nelson of Auto club AAA says, “Instead of four free tows, maybe its four free rides” in order to continue to serve their members.
In Kentucky, seniors must participate and make the decision to stop driving. Though this is tough to do on your own. Would these programs great help to make the transition? We all know that for the elderly, driving means independence but staying safe is more important. I believe that at age 70 we should be required to take a driving test to determine if we are still safe behind the wheel. Options such as restricted driving license should be available. Restrictions would be similar to those for new drivers, like no driving after dark.
Do you think this would reduce the number of car accidents and fatalities in Kentucky?
What is a Tort Reform? First, let’s tackle the meaning of a tort. A tort is a “civil crime”; an act that is illegal, but is not criminal. Perhaps the most common type of a tort is an auto accident and medical malpractice suits.
When it comes to tort reform, it refers to proposed changes in the civil justice system that would reduce tort litigation or damages. It is an effort to reform lawsuits so as to prevent “runaway verdicts”. This tort reform advocates focus on personal injury in particular. This will destroy our justice system and the right to a jury trial. Limiting jury awards will allow corporations to put defective products into the stream of commerce. They can make a decision based on dollars. If big corporations can only loose $250,000.00 for a death their product causes, they may produce the product anyway. This is because they will make a much higher profit. They will not be held responsible for the death and injuries they cause.
Tort reform is a group of ideas and laws designed to change the way our civil justice system works. We now have the greatest system in the world. It does not need changed. Though each tort reform law differs, there are goals they share in common such as:
To limit the conditions under which injured victims may file a lawsuit
To make it more difficult for injured people to obtain a jury trial
To set limits on the amount of money injured people may be awarded in a lawsuit.
As a Kentucky personal injury attorney, I am against with tort reform. Tort reform takes away the rights of the victim. Those injured will not be fairly compensated for injuries they sustain in car accidents, injuries from products or medical malpractice.
Accidents can be unavoidable. They usually happen when we least expect it and have the least amount of time to deal with it. I have heard that everyone will be involved in an auto accident during their lifetime. These automobile accidents, even with minor damage to the vehicle, can result in serious injuries.
Thousands of rear end collisions happen every day. A report states that approximately 2.5 million rear impact crashes happen in the United States in a single year. These crashes can cause serious injuries even at low speeds. This is because the impact causes the driver to pitch forward towards the windshield and then back towards the headrest. This motion can cause whiplash, concussion, spinal injury and more.
Kentucky accident victims should get checked out immediately after any automobile accident. Some car accident injuries do not begin to cause pain for hours or days. A delay in seeking treatment could be fatal to you receiving fair compensation for your injuries.
A concussion is the most common type of traumatic brain injury. It may result to temporary loss of brain function. Whiplash is an injury to the neck caused by a sudden whipping movement of the head and the neck. These are common injuries from a rear end collision. After you have been in a Kentucky automobile accident you should be thoroughly examined by a chiropractor or a medical doctor to make sure you are not seriously injured.
Aside from seeking advice from a Personal Injury Attorney, one should at least visit a Doctor after the accident. Let us remember that nothing is more important than our health, especially when we start to lose it.
