Texting Ban Laws have been implemented in many States in an effort to eliminate the use of cell phone while driving and cut down on serious automobile accidents. Distracted driving has become the leading cause of auto accidents among teens. Each state uses different methods of enforcement of their law.  There are even additional regulations in some local jurisdictions. The use of hand held devices while driving are prohibited by all drivers in 9 states, the District of Columbia and the Virgin Islands. 30 states and the District of Columbia restrict novice drivers from using cell phones.  The use of a cell phone while driving a school bus is prohibited in 19 states and the District of Columbia.

Recently, the National Safety Council congratulated the Pennsylvania General Assembly for the passage of Senate Bill 314 which makes sending text message while driving a violation for all drivers. Pennsylvania has become the 35^th State to outlaw text messaging while behind the wheel for all drivers. The law will take effect 120 days after it is signed. It has been estimated by NSC that because of S.B. 314, at least 12 lives will be saved each year and about 1,200 injuries requiring medical attention will be prevented in Pennsylvania. The Pennsylvania enforcement provision is key which permits police to pull over a driver for the violation alone. The fine will be $50.  Many states make texting while driving a secondary offense, which means their police can not pull the offender over unless there is another violation associated with it.

In an annual meeting in South Carolina, Horry Country Councilman urged legislators to pass a ban on texting and other cell phone use while driving in South Carolina. Some meeting participants support the idea while others did not. According to the legislators, such bill has been introduced but has not gone anywhere.

In Kentucky, about 150 tickets have been written in the first six months of active enforcement of distracted driving law. The texting ban by all drivers was implemented in July 2010 and police began writing tickets in January 2011. The law also bans use of all personal communications devices by drivers under 18. Distracted driving citations are $25 for first offense and then $50 plus court costs.

As a Kentucky Accident Attorney, I believe that more lives will be saved with the enforcement of texting ban, the campaign to stop distracted driving and increasing awareness of distracted driving.  It must start with allowing police to enforce the law.  To do this we must ban all cell phone use behind the wheel unless it is totally hands free.  This would allow police to pull over offenders and write tickets to anyone who is using a cell phone while driving.  A texting violation can be defended by simply stating “I was making a phone call”.  Texting bans are a start but we need to go further and ban all non hands free use of a cell phone while driving a car.

You were in an automobile accident last year and have endured many months of physical therapy for your injuries.  The at-fault driver’s insurance company made a settlement offer pretty quickly, but it was a very low amount.  You did the smart thing and said continue with treatment.  You are still continuing with treatment.  How do you figure what an appropriate settlement amount would be?  Is there some sort of formula?  Does it take into account your medical bills and medical treatment?

In the old days (about 20 years ago) there used to be a ballpark formula for what a personal injury case was worth.  Most cases would settle for 3 to 5 times the medical bills. This is not the case anymore.

20 years ago most insurance companies went to computer programs to determine what your accident case is worth.  The purpose of these programs was to lower the amount paid out on injury claims and turn the insurance claims department ionto a profit center. There are various names for these programs like COLOSSUS, TEACH and SMART.  They’re all basically the same.  You’re not just a number now, you’re 10,000 plus numbers.  There are over 10,000 items that can be entered into these computer programs to determine what your case is worth.

When the insurance company has made an initial low offer is extremely difficult to get them to raise the offer without contacting an attorney that understands how these computer programs work and is prepared to take your case to trial if needed.  You need both.  Call someone to discuss your case and settlement to make sure that you’re on the right track and that you’re able to get the best settlement possible on your case.  If a low offer was made it’s probably not going to go up.  Based on insurance company statistics and their own reports, they pay almost double for an injury case to somebody that has an attorney as opposed to somebody that doesn’t have an attorney.

As our world turns busier, techie and modern, more cases of distracted driving causing serious car accidents are occurring. Drivers are being distracted from the primary task of driving by using a cell phone, drinking or eating, talking to a passenger, grooming, reading maps, watching a video or even while changing the radio station or their MP3 player.  The Government is attempting to decrease this life-threatening practice. Many States had implemented laws to control cell phone use and texting while driving.

In 2009, there were two proposals at the Distracted Driving Summit that have now been adopted. Those are the banning of commercial bus and truck drivers from texting on the job and restricting train operators from using cell phones and other electronic devices while in the driver’s seat. The new rule is making an effort of prohibiting commercial truck drivers from texting while transporting hazardous materials was announced in 2010.

This September 2011, the National Transportation Safety Board (NTSB) called for the government to do more on the increasingly prevalent danger of distracted driving on roadways. NTSB recommends banning commercial drivers from all non-emergency cell phone use.

Automobile accidents related to distracted driving are increasing. The use of a cell phone and hands-free device can take away the ability of the brain to focus on driving safely. Distraction results in driving errors and accidents that may harm seriously harm others on the road.

A distracted driver who causes a crash will be liable for the damages, medical expenses and even the period of unemployment of the victims.  With the help of an experienced accident attorney, it can be determined if the driver is really distracted at the time of the accident and evidences will be discovered.  This fact may result in punitive damages and a higher personal injury settlement or trial verdict.

A non-profit group, Safe Kids USA, has done a research study and released a statement that most parents fail child car safety tests.  The study shows that only 30% are using the tether straps. Tether straps keep the tops of child seats and children’s heads secured in car crashes.  Also, many parents aren’t using the safest seats for their children’s ages.

Safe Kids reviewed 79,000 car seat checklists collected at inspection events the group held in 2009 and 2010.  They found out that there are a low percentage of people who know the proper usage of car seats. There needs to be more education.

According to National Highway Traffic Safety Administration data, car crashes remain the leading cause of death for children ages 3 to 14.  The risk of death decrease by 71% for infants and 54% for toddlers due to the proper usage of the child safety seats.  Children are 59% less likely to be injured in a booster seat than if they were using seat belts only. Automobile accidents are deadly to children.

It is very important that parents and caregivers should know how to properly install and use the right seat for their child’s size and weight.   Kyle Johnson, Safe Kids spokesman says that many kids are moved out of the right seat for their age. This is common for children ages 7 or 8, who should have still been in booster seats.  Lack of public awareness is a contributing factor for most parents aren’t knowledgeable enough for the proper safety for their children.

The proper use of child restraints can save their life in a serious car accident.  Jeff Hamilton hit road debris and their car slid into a guardrail and spun across the highway before flipping over and landing upside down on rocks.  As emergency medical technicians saw how the car was crushed, they assume that any children inside would be dead.  Fortunately, Anne Hamilton has been trained to install child seats and had each of her three children in the best possible seat and position for their ages.  She’s convinced that the proper use of the child seats really did save the lives of her children.

Thousands of children are tragically injured and killed in car accidents each year.  Car accidents are the leading cause of death for children ages 1-13.  This could decrease if parents and those that take care of our children understood how car seats work and would familiarize the age and weight that a child must reach before he or she can be safely transitioned to the next car seat type or a seat belt.

This is why we have Child Passenger Safety Week every year.  The purpose is to increase awareness by educating parents and caregivers on this issue and to motivate others to ask for help and guidance on the proper way of correctly restraining their child in their car. This in and of itself will prevent serious child accident injuries in a car wreck.

A friend of mine, and Michigan accident attorney, Larry Buckfire, shared with me about a video produced by the University of Michigan Transportation Research Institute showing exactly what happens to a child left unrestrained. The crash test was conducted using two 33-pound crash test dummies in the rear seat of a vehicle. The dummies simulated 3-year-old children, one in a forward facing car seat and one is completely unrestrained.  A moderate-to-severe crash at about 30 miles per hour was simulated.  The unrestrained dummy launches forward into the front passenger seat before being thrown back into the seat while the dummy in the car seat was pulled back by the harness and seat belt.

Miriam Manary, a UMTRI senior engineering research associate said that “This test illustrates the significant difference between the two experiences.  The restrained child would likely walk away with minor bruises and scrapes while the unrestrained child would likely be killed or seriously injured.”

As parents, we should determine which restraint system is best suited to protect our children. Be educated you make the right choice and protect your child from a serious car accident.

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.

I have been traveling quite a bit the last six months. Some of it has been for business and some has been to feed my skiing habit. On almost all of these trips I have had to rent a car. A SUV if I am skiing and whatever the cheapest car I can find if I am on business. As I was waiting in line at the rental car counter last week in Salt Lake City I started thinking about what car I was going to be getting. It is based on availability, so you take what they give you.

• Is this the best idea?
• Am I going to be safe if I am in a serious car accident?  
• Should I pay for the rental car company’s insurance?
• Are some cars safer than others? 

If you plan to rent a car for a vacation or business how can you make sure you are in the safest vehicle for you and your family?  I am ashamed to say as a personal injury attorney I don’t always follow my own advice. Here are some factors to consider on renting the safest vehicles. There are also some cars that I have found that you should avoid. 

The Nation’s eight big rental car companies – Alamo, Avis, Budget, Dollar, Enterprise, Hertz, National and Thrifty – have vehicles that are common to each company. They offer vehicles in different classes like economy, luxury and SUV.  A detailed USA TODAY analysis of the fleets of rental car brands found that more than 95% of the 167 different vehicles offered are highly rated for protecting against head-on collisions. 

The Insurance Institute states that drivers of vehicles with “good” safety ratings in side-impact crashes are 70% less likely to die than those driving vehicles with a “poor” safety rating. The six 2011 vehicles and one 2010 vehicle found by USA TODAY to have a  “poor” side-impact crash ratings are the:

• Hyundai Accent
• Kia Rio
• Volkswagen’s New Beetle
• Two-door Jeep Wrangler
•  GMC Canyon
• Chevrolet Colorado with a crew cab
• 2010 Chrysler PT Cruiser.

 The vehicles that were rated “poor” in rear-crash ratings include:

• 2011 Cadillac STS
• 2011Lexus HS hybrid
• 2010 Chrysler PT Cruiser
• 2010 Infiniti M35
• 2010Hummer H3 

There were some vehicles from rental fleets that were subject to recall to fix gas pedal and other safety problems since last year. As we have all read this recall centered around Toyota vehicles.

Here’s my advice for car renters:

• Rent as if you are buying a vehicle. Don’t settle for less! I have always shopped mainly for the cheapest car I can find but shopping mainly for price isn’t a good idea. It may help you to check safety ratings in advance and check with IIHS and NHTSA to see how your model of choice rates.
• Check for the safety equipment in the car you are renting. Look for the stability control, anti-lock brakes, and side airbags.
• Don’t just get a vehicle with high ratings, also keep in mind your comfort and convenience when you are driving that vehicle. It is important to be familiar with the car you are driving.
• When you plan to be in a different environment this spring, remember to choose a car that will give you a good visibility.

As to the rental car companies insurance you should purchase it if you don’t own a car. It is against the law to drive without car insurance. If you own a car check with your car insurance company to make sure there is coverage for the car you rent. Most policies do provide this. If you have coverage make sure you can live with whatever coverages or deductibles you have. For example if you don’t have collision insurance and you have a wreck and total the car can you pay to replace the car if the accident was your fault? Likewise, if you have a deductible would you rather pay this if you happen to be in an accident or reduce this risk by purchasing the additional insurance. This is a decision you will have to make.

Do what it takes to pick the best car and always remember to be safe on the road.  Remember that having the safest rental car is part of enjoying your family vacation. These tips will help you avoid a Kentucky automobile accident this spring.

The Highway Hero Award was founded by Goodyear in 1983. The award recognizes professional truck drivers who perform life-saving rescues and roadside assistance to stranded motorists or those involved in a truck or a car accident. Often times these heroic deeds are left unnoticed. I applaud Goodyear for recognizing these heroes.

As a Kentucky personal injury attorney I speak to accident victims who could have used such a hero. Often times a witness leaving their name and phone number can make the difference in a successful outcome to their Kentucky automobile accident case. Last week I spoke with a lady who was hit by a car that ran a red light. Two people saw the accident and stopped to help. Unfortunately they left before the police arrived. Now the at-fault driver says that they had a green light. The case is a swearing contest. If the witnesses had left their contact information there would be no liability dispute. Simple heroic act can make a big difference in another’s life.

Here are the four professional truck drivers’ finalists for the 28^th annual Goodyear North America Highway Hero Award:

• Jaime Avitia, of El Paso, Texas is a driver for Stagecoach Cartage who witnessed a one-truck accident wherein the driver was in the back seat of the crew cab without a pulse. Avitia administered CPR until the man was revived.  He applied a towel and gauze to the man’s bleeding head and kept him comfortable. 
• Tilden Curl, of Olympia, Washington is a driver for Tecco Trucking who saved the life of a driver whose car went out of control and stopped on railroad tracks that run parallel to the highway. He was able to drag the driver out of the car seconds before a train collided with the vehicle.
• Bill Howard, of Litchfield, Nebraska is a driver for Howard Transportation who saw a car that crossed the center line and struck his rig.  He saved the life of a female driver who suffered life-threatening injuries, including a nearly severed arm, two broken legs and injuries to her face and head.  He kept her from bleeding to death until firefighters arrived.
• David Nelson, of Orlando, Florida is a driver for Werner Enterprises who was stopped by a woman who had just lost control of her vehicle and hit a road sign.  He found her 7-year-old daughter inside the car and not breathing.  He performed CPR until the child began breathing and emergency personnel arrived.

Joseph Copeland, the vice president for commercial tire systems for The Goodyear Tire & Rubber Company stated that these four individuals represent the thousands of professional truck drivers who work every day across North America. I applaud these brave American heroes who helped to rescue and save the lives of strangers who were in life-threatening peril. They all are winners in my opinion.

Journalists from the trucking industry are now voting on the finalists who will be announced and featured March 31 at the Mid-America Trucking Show in Louisville, Ky.  The winner will receive a $10,000 U.S. Savings Bond, a plaque and a specially designed ring.  The other finalists will receive a $5,000 U.S. Savings Bond and plaque.

In a slowing economy, not everyone behind the wheel has an auto insurance. In fact, the rate of uninsured drivers in United Stated has shot up to nearly one in five. Insurance Industry Analysts have recently revealed correlation between the slowing economy and insurance rates of recent years. Unemployment rate increases coincide to the increase in uninsured motorists. Based on data from Insurance Research Council, every percentage point increase in unemployment rates, results in of 0.75 percent increase in the rate of uninsured drivers. 

What if you are driving and you are involved in an accident with a driver with no liability coverage? As a responsible driver and vehicle owner, the best solution is to buy Uninsured/Underinsured Motorist Coverage. Under the Kentucky law, all drivers are required to have automobile liability insurance coverage. This is supposed to protect drivers from harm and expenses that are caused by automobile accidents. Kentucky drivers are required by law to carry a minimum of $25,000 of bodily injury coverage with a maximum of $50,000 per accident and a minimum of $10,000 in property damage liability coverage for every owned vehicle. As a personal injury attorney I suggest much more. You will be surmised at how little the additional coverage will cost you. 

The continuous economic downswing affects many families in Kentucky. Some families would rather save their money and use it for their basic needs rather than having an automobile liability. This may save their money but I think it is not a good choice because it may cost you more in the long run. 

To find out how you can protect your family in the event of a serious automobile accident get a complimentary copy of my book “What You Don’t Know About Buying Car Insurance Can Hurt You”.

If you know me, you know I love winter.  I am a skier.  I actually get depressed when spring comes around.  Winter is my favorite time of year. Whenever I say this people look at me like I am crazy. Maybe I am. I love crisp and clean air and the snow.  I don’t think about the driving problems. Along with the beauty comes dangerous Kentucky roads.  They are slick because of the ice, snow and sleet.  Numerous snow related car accidents happened every year in Kentucky.

The best way to avoid a snow related accident is to not drive at all during unfavorable weather.  However, we know that is not always practical, so you need to be prepared to avoid automobile accidents that caused serious injuries or even fatal deaths along the Kentucky highways.

Here a few tips on how to avoid such Kentucky auto accidents during winter time:

• Be sure that your vehicle is well maintained.  Your gas tank should be full so that you can be able to take longer alternative routes if required.
• While driving, decrease your speed and allow a greater distance between you and the car in front of you.  Use low gears to help keep traction.
•  Avoid skidding by putting on the brakes gently.
• Increase your visibility to other vehicles.  Use headlights or fog lights.  Always clean your lights and windshield.
• Go slow!  Do not try to overtake other vehicles and snow ploughs and sand trucks.

Slowing down and taking it easy can greatly improves your chances of avoiding car accidents here in Kentucky on snowy roads.  Be careful out there.