Grinstead Drive is known as one of the most dangerous stretches of road in Louisville, Kentucky. I have personally witnessed several car accidents here. Grinstead Drive will face a major change in the near future. The safety-improvement project proposed by state and local officials would modify Grinstead Drive from Bardstown Road to Cherokee Parkway from four traveling lanes to two with a left-turn lane in the middle, as well as and a parking lane on one side.

There have been 320 reported car crashes in the last three years in this targeted stretch of Grinstead Drive. Also since 2000, this stretch has been the location of 10% of Jefferson Country’s bike fatalities. This is a staggering statistic which illustrates how dangerous this road is.

The proposed road diet by the Kentucky Transportation Cabinet (KYTC) is an excellent project and will go a long way toward reducing the number of car accidents and bicycle accident deaths. I think these changes do not go far enough. With ten percent of Jefferson County’s bicycle accident deaths occurring on this stretch of road raises a question. Why aren’t bicycle lanes being added? This stretch connects two major commercial districts with lots of recreational and residential destinations.

As an avid biker, I believe that bike lanes on Grindstead Drive would make it safer for all everyone who ride bikes. Having these lanes will allow bicyclists to enjoy this beautiful are with out being in fear for their lives. They would encourage people to be more active and be on their bikes as they enjoy Cherokee Park and all of the wonderful businesses in this area. Adding facilities for bikers will complete the proposed project and most importantly save lives.

There is a Facebook page sponsored by Bicycling for Louisville that is advocating bicycle lanes on Grinstead Drive. Check it out! Do your part and let city official know you bare in favor of these bike lanes on Grinstead Drive. As a Kentucky personal injury attorney I believe the installation of these lanes will prevent the needless loss of life for bicycle enthusiasts.

In Kentucky, many drivers have Global Positioning Systems (GPS) in their cars and if not in their car on their phone.  GPS systems have the capability to provide directions and more importantly for a personal injury attorney it records vital information prior to an accident. In our modern and techie world today, there are already GPS made for bicycles.

John Markoff, a senior writer for New York Times wrote about a bicycle accident he was in.  This showed the usefulness of having GPS technology on a bicycle.

It was July 3 when Markoff crashed while riding downhill at more than 30 miles an hour. The bicycle accident caused him to have lots of road rash and stitches on his face, his nose was broken, and he had a deep wound above his knees. But the worst consequence was a 20-minute hole in his memory. He had no idea what led him to crash his bicycle as he was riding by himself.  He could only recall that he was riding from the Pacific Ocean.  After a long climb on a hot day, he started downhill.  He was staring at redwoods as he descended.

During his healing period, John Markoff was obsessed with finding out why he crashed. It came to his mind that his bike was also something of a mystery. It was nearly undamaged. He learned that he had a digital record of his speed, location, pedal rate and heart rate stored in the Garmin cyclometer on his handlebars. He realized that other cyclists have used similar data to find out what happened when they crashed.

Markoff was using a Garmin 305, a cycle computer worth hundreds of dollars which records location and speed as well as heart rate and pedaling rate. A cyclist can upload the data after each ride to a software application or to a Web service that will map rides. Markoff uploaded his data and entered the data into Google Maps and there he saw where he crashed. He even went to the spot and he eventually filled in the wiped details of his crash.

Another example of the usefulness of GPS systems to recreate bicycle accidents is Ryan Sabga, a professional cyclist who was hit by a car while crossing an intersection in Colorado last year. The driver of the car who had hit him failed to see him crossing the intersection and his bike was badly damaged. The cyclists wanted his insurance to pay for his broken bike but the claim was denied. When he realized that he had a GPS unit attached to his bike, he sent the data to the insurance company and with his proof the company took responsibility for the accident.

With proper analysis of data, the GPS Unit can be of great help in solving bicycle accident claims.  If you don’t have the money for a Garmin you can use your smart phone.  There is an app called “I Map My Ride”, which will store similar data.  I don’t go on a bike ride without turning on “I Map My Ride”.  As you can see, it can make the difference between knowing how a Kentucky bicycle accident happened.

Bicycle accidents happen in Kentucky almost every day.  If you ride a bike on Kentucky roads like I do you’re going to have some sort of incident or accident. Hopefully it will be a minor one.  It may not be caused by a car or a truck that runs into you. You may just fall, hit a pothole or run off the road. 

I have been thinking about this as I prepare for Shakertown Bike Trek to benefit the American Lung Association.  Each year approximately 460,000 people are injured in bicycle accidents.  These are reported accidents that are serious enough to require some sort of emergency care.  This is almost a half a million people.  Of this number nearly 1,000 cyclists die in accidents every year.  When I saw this statistic I was floored.  I had no idea there were this many deaths annually in bicycle accidents. 

Of the 1,000 cyclists that die each year approximately 75 percent of these deaths are the result of head injuries. This is according to the U.S. Department of Transportation.  So why do I see people riding their bikes that are not wearing bicycle helmets?  Most of these individuals are not cyclists who ride regularly for fitness. They seem to be riding for transportation, to get to and from work. Everyone should be aware of these statistics. 

A helmet is not going to prevent an accident. Should you do have an accident I believe a helmet will greatly reduce the risk of injury, especially head injuries. I wear a helmet when I ride my bicycle. I wear one when I ski. I don’t know how many of the 750 deaths in the United States from head injuries in bicycle accidents were a result of people not wearing a helmet.  Helmets won’t prevent every injury in a bicycle accident but it is without a doubt that a bicyclist will have a less severe injury if the helmet is worn.  Every bicyclist should wear a helmet.  Don’t become one of the statistics.  Pick a helmet that fits correctly so that you can increase your chances of surviving a Kentucky bicycle accident.

Did you know that there are time limits for you being able to file your Kentucky accident case?  If you’ve been injured in a car accident, a bicycle accident or a loved one has died in a fatal truck accident there is a time limit called the Statute of Limitations.  This is the time-frame that you have to file your lawsuit in court or to settle your accident case with the insurance company. If it is not accomplished in the time set out you forever waive the right to bring a lawsuit and collect damages from the person who injured you. 

In Kentucky, the Statute of Limitations for injuries suffered in a motor vehicle accident is two years from the date of the accident or two years from the date the last no-fault PIP payment for your medical bills is paid by your insurance company.  This time frame cannot exceed four years.

Statutes of Limitation are different in every state. They can even vary depending on the type of accident you were in or who you are bringing the lawsuit against. In Kentucky the Statute of Limitations is different for different types of claims. For many claims, such as auto defects or product liability claims, the Statute of Limitations is one year. There can also be a question as to when the statute begins to run. It is always best to consult an experienced personal injury attorney that concentrates in that area of law. If you guess you could be wrong.

I had to give this bad news to a young lady that called me last week. She had been in an accident when she was seventeen. I determined from speaking with her that the Statute of Limitations for this accident was one year. The accident happened in 2008. The time had run. I thought I might save it because she was a minor at the time the accident happened. Generally you have one year after you turn eighteen to bring most accident cases in Kentucky. Unfortunately it had been nineteen months since she turned 18. Even though she was severely injured there was nothing I could do. I felt bad giving her this news. If only she had called a personal injury attorney sooner.

The bottom line is if you’ve been in an accident, you need to be aware of these time-frames because if you do not act within that time, you will not be able to recover no matter how severe your injuries are.

In Kentucky if you are a pedestrian or a bicyclist that has been hit by a car or a truck you may be wondering whether or not your medical treatment will be paid for and by whom.  This is a good questions for bicycle accident victims, as well as pedestrian accident victims. As a personal injury attorney, I can tell you that in almost every circumstance your treatment for injuries sustained in a motor vehicle accident will be paid for by an insurance company.  The question is what insurance company? Is it your health insurance? Is it your car insurance? Is it the car insurance for the car that hit you?

The first place that we look is to the car that hit you, the car that caused the bicycle accident or the pedestrian accident. If the car had auto insurance their PIP benefits will pay for your first $10,000.00 of medical treatment, no questions asked, as long as the treatment is related to the accident. 

If for some reason the car that caused the accident did not have insurance we then turn to your own personal car insurance company if you owned a car.  You might think this is the last place that you should look. After all you weren’t in your car at the time of this accident. Under almost all car insurance policies your car insurance is required to pay your medical treatment from injuries sustained in an accident between a car and you if you were a pedestrian or riding a bicycle. No matter how the accident occurred your car insurance will pay as long as it was a motor vehicle accident of some sort. 

Now if the other car did not have insurance and you do not own a car you will be eligible for benefits under what is called the Kentucky Assigned Claims Plan.  This is a state run program that requires insurance companies to, on rotation, pay for medical treatment for people that did not have insurance or no insurance available to them in a particular accident.

After the PIP benefits are exhausted you will then look to your personal health insurance, Medicare or Kentucky Passport. This insurance is secondary and is not used until the $10,000.00 in No-Fault Benefits are exhausted. Your health insurance will pay under the terms of your policy for any medical bills over the $10,000.00. Your health insurance company, Medicare or Passport may be entitled to repayment under federal law called ERISA or the terms of the policy from your personal injury recovery. You should check with an attorney to determine if subrogation is required.

After the PIP benefits are exhausted you will then look to your personal health insurance, Medicare or Kentucky Passport. This insurance is secondary and is not used until the $10,000.00 in No-Fault Benefits are exhausted. Your health insurance will pay under the terms of your policy for any medical bills over the $10,000.00. Your health insurance company, Medicare or Passport may be entitled to repayment under federal law called ERISA or the terms of the policy from your personal injury recovery. You should check with an attorney to determine if subrogation is required.

The bottom line is if you’ve been in a pedestrian accident or a bicycle accident where you’ve been hit by a car you are entitled to have your medical bills paid.  So don’t hold off on getting the treatment you need to recover from your injuries.  Get the doctor and find out what’s wrong with you and get better. This will enable you to achieve the best result possible in your bicycle accident or pedestrian accident case. 

         Bicycle accidents and pedestrian accidents that happen in Kentucky pose different questions and different answers for the accident victims. Bicycle accident victims and pedestrian accident victims come into my office after being hit by a car and have suffered serious injuries. They wonder if they have a case. They’ve been hurt and they want to recover for their injuries.

        What happens if the car that hit them did not have insurance? Can the bicyclist or pedestrian be compensated for injuries they suffered in the accident through no fault of their own? There can be a recovery even if that person didn’t have insurance or they don’t have assets sufficient to pay for the injuries that they caused by their negligent actions.

As a personal injury attorney, I will look at the insurance policy of the person on the bicycle or the pedestrian to see if they have what is called your uninsured motorist coverage (UIM). This is coverage on your own car. UIM will pay for your pain and suffering in a pedestrian or bicycle accident if for some reason the car that hit you did not have insurance. Most people have no idea that their own car insurance will give those benefits under this situation.

You need to make sure that you have this coverage on your own car insurance policy, make sure that if you are hurt in an accident like this that you will be covered!

Your PIP will also pay for the first $10,000.00 of your medical bills. This happens even though you were no where close to your car.

I had a client a few years ago that was on a moped and on her way to work. She was injured by a car that ran her off the road and then took off. We never found the car and have no idea who the person was that hit her. She had very serious injuries. Her leg was broke and required two surgeries, pins and rods were inserted. There was a year of recovery. We were able to get a recovery for her by looking to the UIM on her car. This was from her own car insurance company, even though she was not driving that car at the time and she was on a moped.

You need to look seriously toward your insurance company in these situations. Give your personal injury attorney something to work with. If you are not sure if you have this coverage call your insurance agent and ask. For more information on Uninsured Motorist Coverage follow this link to get a free copy of my book “What You Don’t Know About Buying Car Insurance Can Hurt You.”

I was driving down Bardstown Road headed to a meeting in the Highlands in the early evening, about 6:45 p.m.  It was dark outside. There was heavy traffic because of the good weather. People were outside enjoying the first warm day in Louisville. There were bikers and walkers every where.

I know you see just about everything on Bardstown Road, but you are not going to believe this. I saw a bicycle with a child trailer attached pedaling up Bardstown Road, not in his lane of traffic, not on the sidewalk (which would be illegal) but coming down the middle line in between traffic.  How big of an idiot can you be?  This bicyclist (I am using the term loosely) was putting himself and his child in danger of being hurt in a bicycle accident. This only goes to show the need for bicycle education to help prevent Kentucky bicycle accidents. Bicycle accidents are usually catastrophic and cause serious injuries. A bicycle will loose when it hits a car. 

This also shows the need for additional pedestrian and bicycle paths and bicycle lanes in Louisville, Kentucky.  I mentioned this need in the week after the table top speech of Transportation Secretary, Ray LaHood at the National Bike Summit.  When I say table top, I mean table top.  Ray LaHood climbed on a table to thank all the attendees for their efforts as advocates for livable, sustainable bike friendly communities. 

Bicyclists and cyclist enthusiasts have a friend in Washington.  There is a trend toward favoring non-motorized transportation.  Mr. LaHood promised to integrate the needs of bicyclists into federally funded road projects.  The Federal Transportation Department has formulated key recommendations for State Department of Transportation’s in this effort. These include: 

• Emphasizing that walking and bicycling should be treated as an equal to other transportation modes.
• Convenient access to people of all ages and abilities for bicycle paths and walkways.  States are encouraged to collect data on walking and biking trips.
• Sidewalks and pedestrian pathways should be protected in the same way roads are protected in reference to repairs and snow removal, etc. 

Mr. LaHood emphasized that this is just a start but these initial steps will help us move forward even further toward the integration of bicycle friendly communities.  This is part of a policy statement that was signed on March 11 and announced on March 15. This declaration concluded that the increased commitment to the investment in bicycle facilities and walking networks can help meet goals for cleaner, healthier air, less congested roadways and more livable, safe, cost efficient communities.  This is not only good for bicyclists but for everyone.  Giving bicyclists and pedestrians a less dangerous and safer way to travel to work or the grocery will not only help the environment but decrease bicycle and pedestrian accidents. This, along with education, will make it less likely to see our friend pedaling down the middle of Bardstown Road in the future.  Thank you, Ray LaHood.

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

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

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

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

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

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

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

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

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

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

·        Wear a helmet.

·        Wear bright colors.

·        Turn your high beams on during the day.

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

·        Don’t drink and drive.

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

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

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

·        Hitting parked cars

·        Cars illegally parked

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

·        Buses swerving over the center line

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

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

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

You need to make sure you protect yourself by:

·        Obtain the names of witnesses to the accident.

·        Take pictures of the damage to BOTH vehicles. 

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

This is just at the accident scene.

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

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

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

·        Deny your claim

·        Defeat you claim

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

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

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

Tomorrow is December 23.  For most people this is not a date that comes with great anticipation, but for Seinfeld fans we all know that December 23 is Festivus.  As Frank called it: “A Festivus for the rest of us.” 

The reason I bring this up is in the Seinfeld episode during the Festivus dinner you gather your family around and you tell them all the ways they have disappointed you over the past year.  This is called the airing of grievances. 

So I thought I would air my grievances about Louisville drivers and how their actions can cause serious automobile accidents here in Kentucky.  Car accidents can have severe consequences and distracted driving is even worse during the holiday season. We all have our minds on other things.  Holiday road rage runs wild.  Here are a few of the grievances I have against some of those drivers that use the Louisville roadways:

            1. Bicyclists That Ignore the Law.    As I was riding to work this morning I got off the expressway at Jefferson Street.  As I was driving down Jefferson Street I saw someone riding their bike to work, which I commend.  The same laws of the road apply to bike riders as to cars.  This particular rider, during rush hour mind you, was riding the white line of a lane in between cars. He was only giving himself a foot on either side as he went down through the traffic.  This is just downright dumb.  I hope he made it to work.  The chances are if he continues this activity, he is going to be involved in a bicycle accident. He will be injured and have problems for the rest of his life.

            2. Texting and driving.  I had someone pull over into my lane as she was texting and had no idea that it even happened.  Get off the phone and concentrate on driving.  It’s very simple to do and it will save your life as well as others’ lives.  Is it worth being in an accident because you need to text, “Oh my gosh” to your girlfriend in the next 13 seconds?

            3. Using Two Lanes to Make a Turn. Stay in your lane. Don’t make a right turn by initiating your turn toward the left.  Stay in your lane.  You don’t have to veer to the left and into the other lane in order to make a right-hand turn.  You can do it within the lanes.  That’s why the lines are there.

            4. Tailgaters.  Get off the rear end of my car.  You’re not going to get there any quicker because you’re 5 feet off my bumper.  Be three car lengths back.  There is a reason this is recommended.  You’re reaction time is not good enough if I have to slam on the brakes for a deer.  You’re going to cause an accident and you’re going to hurt my back.  Back off.

            5. Icy Road Speeders. When the roads get wet and snowy, slow down.  There’s no reason to go 75 miles an hour in a 45 mile per hour zone weaving in and out traffic.  I know 95 percent of the road is okay, but if you hit that one spot at the wrong time you’re going to lose control and cause a serious car wreck.  You don’t need to be in an accident this time of year and neither do I.  Slow down, drive smart, don’t be an idiot.

            These are just five of my grievances I have to voice against Louisville drivers. I have many others. These are just some of the poor driving skills I’ve seen in the last few weeks.  I know I’m somewhat making light of this, but my point is if you are careful you can save yourself from being in an accident. You don’t have to be injured.  Christmas is a great time of year.  Let’s all drive smart and take care of ourselves and take care of other drivers on the road so that we can eliminate bicycle accidents, car accidents and truck accidents.  Have a safe and happy Festivus and let’s hope that there are no grievances to air about Louisville drivers and Kentucky car accidents in the coming year.