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 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. 

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.

Last weekend I was helping the Bon Air Neighborhood Association plant trees along the Bardstown Road Corridor between the Showcase Cinema and Hikes Lane. The purpose of this project is to raise awareness of the perils of pedestrians and bicyclists as they travel Bardstown Road.  The tree planting was in memory of a friend of the Bon Air Neighborhood Association, Jen Futrell. Jen was riding her bicycle home from work last year when she was struck by a van and killed.

While I was digging holes and planting trees there was two automobile accidents that occurred within fifty yards of me.  The first accident was a rear-end collision.  A car did not stop and plowed into the back end of another car.  The front hood was crushed and the bumper was torn off the car that was hit.  It was a hard impact.  Other than looking over and watching the cars and the police arrive, I did not pay much attention to this accident.  Everything seemed to run its course.

After at-fault car in the first accident left the scene, he pulled to the left to make a left-hand turn. He was apparently reading something while driving (which goes to a completely different point) and rear-ended another car.  Yes you heard me right, the same car that was in the first accident had just been involved in a second accident within minutes of the police leaving the accident scene.  The damage to the car in the second accident was minimal.  The impact pushed the bumper in. It then popped back out. Only a slight crack that was visible.

What grabbed my attention in this accident is that the driver of the impact vehicle got out of his car and was very animated.  The woman from the car that had been hit also got out of her car. I heard the voices get louder and louder. He was begging her not to call the police, not to call the insurance company, as there was no damage to the car.  There was a young boy in the back seat so I decided to go over to make sure everybody was okay.  I immediately noticed that the woman was visibly upset. She wanted to call the police but was afraid to. She was being intimidated by the animations of the first man. I could tell that she was scared and didn’t know what to do.

This got me thinking that many, many people do not know what to do if they are in a Kentucky automobile accident.  I advised the woman to get back into her car so that she could sit with her son, calm him down and to call the police.  The driver of the car that hit her became angry with me for getting involved. This was an obvious clue he was up to no good.  I asked him to provide his insurance card so that they could exchange information. It was at that time I noticed that he had a no insurance citation, which was obviously from the first accident.  He did not have insurance and although this was a minor accident, I  know from my experience that minor accidents have the possibility of leading to serious injuries. The woman’s boyfriend showed up and I left because I felt things were under control.

Now for the reason I am telling you this story. When you are involved in an accident there are several things that you need to remember. Failure to take these steps may make it difficult to proceed with a claim at a later time.

• Stop! The law requires anyone to stop that has been involved in an accident.  If you do not stop, you could be charged with leaving the scene of the accident, which is a criminal charge.  If possible and the accident is minor always pull over to the road get out of traffic so that you are safe.

• You should always assist anybody that is injured and call 911.  Do not move anybody that is seriously injured.

• Everyone should always report the accident.  Call the police department.  This is something that this woman almost did not do.  If she woke up the next morning with neck or back pain, it would be much more difficult to file a claim and get a satisfactory settlement.

• You should always exchange information.  You want to make sure that the other driver has insurance.  Get his driver’s license number, his address, the vehicle license plate number, make, model, year and VIN number of the car.  Do not count on the other person to give this to you as they may not give you the correct information.

• No matter how minor the accident you should see a doctor and get checked out to make sure that there are no hidden injuries.  Many times, you are so upset from the accident your adrenaline is flowing that you do not know you are hurt.  Get checked out just to make sure.  Your PIP insurance will pay for this.

• Watch what you say.  Always tell the truth but do not be too quick to assume what happened.  Just tell the facts to the police.

• If you don’t know what your options are talk to a lawyer so that he/she can advise you.

I hope these tips help.  If you need any additional information I provide a free down loadable pamphlet on what to do if you are in an automobile accident.  Alternatively, you may email me at mike@mikeschaferlaw.com and I will mail you a copy of the pamphlet. I hope you are never in a car accident and have to use this information, but if you are you will now know what to do.

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

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

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

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

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

·        The Chime

·        The Melody

·        A Futuristic Whirl

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

As a bicyclist I know that there are dangers out on our Kentucky roads. There is not a ride that I go on where someone doesn’t tell me to be safe. I usually shrug it off, thinking no big deal. I am a safe rider. It won’t happen to me. This weekend was tragic in many ways and will make me stop, listen and be more thankful for the suggestion to have a safe ride.

            In the last weekend here are some of the headlines we have seen about two fatal bicycle accidents:

·        Triathlete Killed By Hit and Run Driver

·        Child in critical, cyclist stable after fatal Radcliff accident

Both of these tragic accidents and deaths may or may not have been avoidable. You can not take the actions of a drunk driver into consideration as you are pedaling down the road, especially in an organized event. In the Radcliff accident the car hit the four bikes from behind and will undergo a blood test as part of the investigation. Alcohol may have been involved in both of these fatal accidents.

The other common factor was the visibility of the bicyclist. When riding a bicycle by yourself it may be hard for a car to see you. This is a complaint drivers have about both bicycles and motorcycles. There are steps you can take to make yourself more visible such as blinking reflectors, bright colored clothing and riding smart. But in these tragic deaths all of the victims were extremely visible.

In the triathlon the victim was part of an organized race. I find it hard to believe that the drunk driver, Kenneth Yates, had not passed and noticed several bikes before the fatal accident that killed John Carr. He was visible and presumably riding safe. There is no justification in my mind for Yates’ actions and the book should be thrown at him.

In the Radcliff accident there were three bikes on the road together. There is visibility in numbers if only the driver was paying attention. Once again the bicyclists appear to have been in the right.

I feel the problem lies with education of non riders in many situations. I was going to lunch yesterday down Market Street and I saw a car driving an entire block in the bicycle lane. They just were not aware that the lane was restricted for bicycle use. Later in the day I received a phone call from a potential client whose son was injured Friday evening when a car hit two bikes passing in front of it. One of the boys was dragged under the car. Thankfully there were no deaths. The driver should have seen the bicycles. There were two of them riding together.

As more and more bikes are on the roads, those that do not ride either for recreation or for transportation need to be aware of bikes and understand how they use our Kentucky roads. I have a “Share the Road” license plate and that is a start, but it isn’t enough. How can we educate the public? What can be done to make every one aware of bicyclists on the road so we do not have another weekend like this?

All drivers need to expect to see a bicycle on the Kentucky roads. It should not be a surprise. Until bicyclists are expected to be on the roads and not considered a second class citizen we will unfortunately have more tragic weekends.

“Be safe on the roads” should go without saying. This is something most of us take for granted whether we are on a bicycle, a motorcycle or driving a car. Brenda Hollingsworth, a friend of mine and a great personal injury attorney in Ottawa told me about a video blog that Lance Armstrong posted this morning before starting Stage 19 of The Tour de France. Let me give you some back ground first.

There was a group of cyclist out riding in Ottawa on Sunday. They were struck and injured by a hit and run driver of a van. A tragic bicycle accident. They are recovering, but the culprit of this crime has not been caught. Lance Armstrong has been posting a video blog each morning during his historic, and dare I say epic, return to the Tour de France. He goes over the stage of the race for that day and makes a race dedication. This morning he also took the time to remember the bicyclists who were the victims of the Ottawa hit and run. Lance stated:

“… there was a group of cyclists hit in Ottawa yesterday by a van that just kept going, a hit and run, and I hope everybody there is doing well and we’re all thinking about you,” said Armstrong on his video blog. “Be safe on the roads, any time you have that interaction of bikes and cars, you never know what can happen.”

Let’s remember Lance’s words when we head out for our evening bike ride or riding to work in the morning. Let’s think of these words every time we get behind the wheel of our car. When we think about being safe we will treat our Kentucky roads differently. Automobile accidents are tragic. Thank you Lance for reminding us what is important and focusing attention on bicycle safety. I know there are hundreds of other things you could have commented on while getting geared up for your race today. I hope to see you on the podium this weekend and I wish the Ottawa cyclists a speedy recovery. Be safe on the roads!