There is nothing worse then being injured in a Kentucky car accident. You are in pain. You look for a lawyer to guide you and help you deal with the insurance company. You want to get a fair settlement and the best legal advice. Your lawyer sends you to a doctor for treatment. They even arrange for you to fly to another state for surgery. You settle your case and get your settlement money, after your attorney and doctors are paid. This is the way it suppose to go, isn’t it? I would say yes unless you are Sharon Langford.         

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

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

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

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

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

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.

We all know that seat belts save lives. Wearing seat belts prevent serious auto accidents. I have hammered this home to my daughters since they were old enough to understand. I wouldn’t turn the car around in the drive way without making them buckle up. Maybe I was a bit over the top, but as a personal injury attorney and a former prosecutor I have seen fatal auto accidents and serious injuries that could have been prevented had these accident victims been wearing their seat belts.

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

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

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

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

            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.

We all know that the dangers of texting and driving. It is obvious.  In Kentucky we now have a simulator which demonstrates the dangers of texting and driving. The simulator can be requested from the Office of Highway Safety and is free to the schools.  It has not been used in Jefferson County but I hope our schools will take advantage of the program.  This new program has been developed to demonstrate the problems and many dangers of texting and driving to high school students.  This is presented for no charge by the Kentucky office of Highway Safety. 

Individuals are strapped into an arcade-type racing game.  The simulator has a seat equipped with a seatbelt, a gas pedal and a brake pedal.  There is also a steering wheel and a gearshift. You have three screens in front of you that gives the operator an 180?degree view of a roadway. The driver is requested to operate or drive normally. They are then handed a cell phone and asked to send a text message while they can continue to drive the simulator. 

When they are handed the cell phone it usually sends the car swerving into another lane.  Drivers are allowed to watch a replay of their simulation. When students are shown the simulation replay they see themselves swerving when they thought they were actually driving okay.  Distracted driving has become the leading cause of crashes among 16 to 21 years old.  Texting and driving is a big, big part of this.  

            The US Department of Transportation has banned all federal employees from texting and driving on federal-issued or personal phones while in vehicles owned by the federal government or in vehicles being used on federal business.  This includes the military.  Although the federal government may be the most recent, the National Safety Council indicates that hundreds of private companies and organizations have banned the use of cell phones while driving to reduce accidents at work. 

This needs to be the law in Kentucky and should be the number one priority at the next Kentucky legislative session.  The word is getting out in Kentucky partly thanks to Nicole Meredith, who is a teen.  She wrecked her car on the Gene Snyder last summer when she was texting a friend.  As she was texting she went off the road and totaled her car.  Miraculously she walked away from the crash without injuries.  Meredith has told her story in Frankfort to help kickoff the Transportation Department’s distracted driving campaign.  Hopefully there will be more than just a campaign and soon no text messaging behind the wheel will be the law in Kentucky.  

The statistics are one of the many compelling reasons to make this ban the law in Kentucky.  Some of these statistics are:

·        Distraction from the use of a cell phone while driving delays driver-reaction time

·        Use of cell phone reduces brain activity associated with driving by 37 percent.

·        80 percent of all crashes are related to driver inattention.  The use of a handheld device increases the likelihood of a crash four times.

·        In 2008 nearly 6,000 people died in crashes involving an inattentive or distracted driver.

·        Research shows that the youth are the worst offenders.

Believe it or not there were 53,000 distracted driving-related crashes last year in Kentucky.  Link Kentucky kicks off campaign to cut down on distracted driving.  Governor Steve Beshear is considering a policy that would limit distracted driving for all state employees.  Do we really need to have to tell them that it’s time to make this the law?  I hope Kentucky follows suit with Colorado. Their new law dictating how you use your cell phone while driving takes effect December 1, 2009.  After this date no one under the age of 18 will be allowed to talk on a phone while driving.  Everyone will be banned from texting while driving.   

Let’s hope Kentucky is next and a ban on text messaging while driving will be law in Kentucky in the near future. This will help to precent car accidents on our Kentucky roads.

One of the worst things an accident victim can do is fake an injury or exaggerate the injuries they did receive.  Unfortunately this is a practice many do in hopes of getting a better settlement.  Because of these practices the insurance industry has long resorted to video surveillance to catch these culprits.  Some critics feel that these practices have gone too far when the insurance video tapes truly disabled people and using the videos against them. The sad part is these “scam artists” make the process a nightmare for those Kentucky accident victims that were truly injured in an auto accident.

I recently read about a case in point, Jack “Rocky” Whitten. Mr. Whitten suffers from several residual symptoms as a result of a broken neck from a fall.  He has vision problems, memory issues and is often in excruciating pain.  Mr. Whitten fortunately had purchased disability insurance ten years ago that would pay him 60 % of his salary if he ever became disabled. After his fall three doctors declared him permanently disabled and he began receiving benefits in 2003.

Last year a representative from Hartford Insurance Company visited Mr. Whitten and his wife and questioned his limitations. The claims adjuster then pulled out a video that showed Mr. Whitten getting out of a van, looking at a magazine, and eating chips and salsa.  Maybe you are reacting like I did and are saying “So what?” Shortly after this visit the Whitten’s received a letter from Hartford explaining that his benefits would be cut off based on the video and a report from a doctor hired by Hartford –who had never examined Mr. Whitten- that claimed he, was able to work based on the video. After a phone call from national television show Good Morning America Mr. Whitten’s benefits were restored. Hartford believes this claim has been handled fairly and strongly.

This process a doctor looking at records and not examining the patient is called a “Peer Review”. It is a common practice in cases and is frequently used in Kentucky car accident cases to review medical payments submitted under PIP. The medical care is often found to be unnecessary or unrelated to the car wreck by the peer review doctor. The insurance company will deny payment based on this “paper review’. This forces the accident victim to litigate their case against the car that caused the accident and their own insurance company. The process is very frustrating to those accident victims who have legitimate injuries. Many times those unrepresented by an attorney will stop treating which is detrimental to their claim and recovery.

Insurance companies have been using video surveillance tactics for years. I have seen this in Kentucky cases. I have watched videos of accident victims painting houses and dancing. In our new internet world insurance companies have also become cybersleuths. The internet has an abundance of information that is available to them by looking at Facebook, Myspace, YouTube, etc. Don’t give them  a reason to deny your claim. Be careful. As we can see from Mr. Whitten, even the most innocent action will be misinterpreted.

This past weekend I was invited to help plant trees along Bardstown Road between the Showcase Cinema and Hikes Lane.  This invitation was extended to me by Cindie Cook of the Bon Air Neighborhood Association.  For those of you who are not familiar with Cindie she was friends with Jen Futrell. Jen was the cyclist that was struck and killed by a van while riding her bike home from work down Bardstown Road on October 3, 2008.

This was a tragic accident that has brought attention and outrage to the plight of cyclists and pedestrians.

The Bon Air Neighborhood Association, as a group is a big part of an effort to make the Bardstown Road corridor a tree-lined boulevard that is both pedestrian and bicyclist friendly.  Cindie Cook believes this would encourage people to stop and shop.  Also, there is a hope that it would bring new business to the area, especially the now vacant Showcase Cinema buildings.

I believe an area that is active and as busy as Bardstown Road could be a much safer place for pedestrians and cyclists and especially those that live in the area.  As I was planting trees along Bardstown Road, the amount of traffic was unbelievable. Cars were buzzing by with very little break. I know it is hard to judge speeds as you are standing along the side of the road, but I would guess that many of these cars were speeding. During my three hours on Bardstown Road I saw two car accidents that occurred within 75 yards of where I was working. I also became oblivious to the horns that were honked almost continuously.

There was very little way for people in the neighborhoods along this stretch of Bardstown Road to walk to the mall, to restaurants or to even to cross the street.  My hope is that the efforts of Ms. Cook and the Bonaire Neighborhood Association will make this area safer, limiting automobile accidents, pedestrian accidents and bicycle accidents. 

I learned from Cindy that Kentucky is currently seventh in the nation in pedestrian and bicycle fatalities.  There were 32 cyclists and pedestrians killed in Louisville, Jefferson County, Kentucky in 2008.  It is her hope that the tree plantings will add awareness to bikers and walkers, as well as being a tribute to her friend that was killed.  I applaud Cindy Cook for her focus on celebrating and memorializing the life of her friend and for trying to make the streets a safer place. I believe her efforts will save lives and prevent many serious accidents from occurring.

The City of Louisville has experienced bicycle accidents and pedestrian accidents that have resulted in deaths over the past year. These include the triathlete that was killed during an event at E.P.Sawyer State Park earlier this year as well as several young children who were hit while riding their bikes. All of these deaths are needless and my sympathy goes out to the families and friends. They do, however, help to show the need for more driver awareness of those they share the roads of Kentucky with. We need more Cindies in Louisville to help make our roads safer.

Are high performance sports cars more likely to cause car accidents? The reason I ask this question is my oldest daughter will be turning 21 in January. This is a major milestone birthday. She is a student at the University of Louisville School of Business and works at UPS. Since she has a good job and she earns her own money and has decided that it is time to get rid of her Volkswagen Jetta. She wants a sports car. A high performance car. I am not sure I am ready for this. Is this a bad and dangerous idea?

Now this doesn’t sound so bad until I think back to my first car. A 1968 Pontiac Firebird. It was orange with black racing stripes and referred to as “The Bird”. It was a fast car and it caused some problems on the road for me that I will not discuss here. Let me just say that the Ford Falcon I had for my second car was not as troublesome.

Reminiscing got me to thinking ans then worrying. First, how much fun a sports car is to drive. The power is exhilarating to say the least.  Then I started thinking about my experiences with “The Bird”. This new car my daughter is buying is going to be a lot more dangerous do be on the road. There is a greater chance of her being in a car accident. Maybe I should put my foot down and say no (Like that would really do any good).

Are sports cars really more dangerous? Are they less safe? Is a sports car more likely to be in an auto accident? Like any parent I am concerned about safety. Teens are less experienced drivers and many studies show that they are involved in significantly more automobile accidents in Kentucky. Putting a teen behind the wheel of a high performance car is a bad idea, pure and simple. The statistic go down at the 20 year mark.  They have more experience at this point and are better drivers.

Most sports cars rank high on the most expensive cars to insure. Typically mini-vans are the least expensive. An exception to this is Porsche 911. Is it the car or the driver? More than likely it is a little of both.

The fact of the matter is that a sports car tempts you to go fast, because you can. I find no statistic that show that sports car are in more accidents then a 4-cylinder vehicle. It comes down to the driver. As long as the driver exercises good judgement and obeys the rule of our Kentucky highways they will be fine. Talking to your children candidly and continuing to emphasize good driving habits is extremely important. Keep talking about safe driving so that these habits and your words are in their mind. This helps to reduce the risk of your child being involved in a catastrophic automobile accident. I hope and pray my daughter continues to exercise good judgement behind the wheel with her new sports car.

I know I am obsessed with the idea of my 16 year old daughter getting her permit and starting to drive. I have been an attorney too long and am perhaps a little paranoid, but then again maybe not. I am going to run a situation by you. Consider these facts:

·        You have a child that is 17 years old.

·        Your child has five previous speeding tickets; several of these tickets have speeds in excess of 100 mph.

·        On two occasions a parent was in the car with the child when the child got a ticket for going over 100 mph.

·        Your child is a professional “drift” driver, a motor sport that involves controlling a car while it is going sideways at a high rate of speed.

·        It can be proved that one of the child’s parents made the statement “Oh, I love it, I love it. The rush, the speed on the road, stereo blasting, heart pounding, racing in between all cars, dodging the cops, it’s awesome.”

·        The car the child drives was modified to increase its horse power.

·        A parent had purchased beer that the child had later drunk with the parent.

·        The child was later driving at an excessive rate of speed with a passenger.

·        The child was intoxicated.

·        The child was racing another car from light to light.

·        The child lost control of the car and crashed into a tree.

·        The passenger was severely injured and in a coma.

I wish I could say this is an episode of Boston Legal or that I made it up, but I can’t. This is the basic facts contained in a lawsuit filed against Terry Bollea, his wife Linda and their son Nicholas in Florida Circuit Court. This will make more sense when I tell you that Terry Bollea is also known as Hulk Hogan. All of the tragic facts I have listed are alleged in a lawsuit filed by the passenger in Nicholas Bollea’s car, John Graziano. I know this case is over two years old and is old news but it makes me think as to the message we send new drivers and how this message can affect us.

This lawsuit is a little different because it not only names the at-fault driver as a defendant, but it also names the parents of that driver who was a minor. The lawsuit lists several theories of liability on the Hogan’s, or the parents. These theories are based on the parent’s knowledge of the son’s activities and their condoning those activities. The attorney that filed the lawsuit, Kimberly Kohn, stated that “They not only encouraged it but they did not take appropriate action to stop it and protect the public.” The lawsuit states that Terry Bollea (Hulk Hogan) is directly liable for the actions of his son under Florida statutes. The theories laid out include:

·        Improper Supervision

·        Alcohol Use

·        Negligent Entrustment

·        Failure To Exercise Parental Control

·        Ratifying The Conduct

·        Allowing The Son To Operate A Car While Intoxicated

This is an extreme and tragic situation involving two fiends. Lawsuits only give an outline of the Plaintiff’s side of the story. Hulk Hogan reportedly stated that there are eyewitness accounts that say that the boys were not racing.

The legal theory of negligent entrustment is a viable cause of action in Kentucky. A parent under extreme circumstances can be held liable for the actions of a minor child, even a 17 year old child. One needs to be careful how they teach a child how to drive, the proper way to handle a car on the roads. Accident prevention is key and begins when a 15 year old first thinks about driving. They are watching what the parents do.

By sending a new driver signals that it is okay to drive at a high rate of speed what are we telling them by our words or our actions? That the laws of the road are made to be broken? These are the very laws that are in place to protect us from being injured in car accidents. This message makes our Kentucky roads dangerous and leads to serious and deadly automobile accidents. We need to be very careful the message we give our young drivers.

I learned this lesson earlier this week when my daughter took her permit test. She missed a question involving merging onto the high way. Her options were narrowed down to accelerate and merge or decelerate and merge. Her gut reaction was to accelerate and merge. She marked it and then erased the answer and changed it to decelerate and merge. Why did she change the answer?  On the way to school that morning I was merging onto the Watterson and had slowed down to let the car in the lane of travel go by. Since I had done it on this occasion she missed that question and missed getting her permit by one question. We will try again today. Hopefully I do a better job driving her to school.