Is there really a distracted driving crisis?  Is distracted driving a major cause of car accidents? Who should have to solve it-the auto or cell phone industry?  Today’s generation of drivers are so attached to their cell phones and in-car technology.  Car and phone makers are working together to reduce distractions by better linking mobile devices with cars.  Some safety advocates and federal officials say that this is also risky and doose not solve the problem.  Transportation Secretary Ray LaHood has made distracted driving his key priority since 2009.  Last December, the National Transportation Safety Board called on states to ban both handheld and hands-free cell phone use while driving.

There are still questions as to whether cell phones and other visual and cognitive distractions play a large role in car accidents because police reports are unreliable in this area.  Cell phones were a factor in about 13% of fatal crashes last year, NHTSA says.  In February, the agency proposed guidelines that would first deal with potential distractions from navigation systems and other in-car technology.  IIHS spokesman Russ Rader stated, “Distracted driving is a problem, but it isn’t new, and the data don’t show that it has gotten worse during the rise of cellphones and the use of other electronics by drivers.  While all the studies clearly show cellphone use is a distraction, the use of phones by drivers hasn’t resulted in an epidemic of crashes.”  Automatic braking and lane-departure warning are some examples that help prevent crashes no matter what distracts a driver.  The institute pointed this out to focus more on.

Peter Kissinger, CEO of AAA’s safety foundation, says both the auto and cell phone industries need to do more on the issue of distraction.  NHTSA focus is on the safety of the integration of communication technologies.  But Kissinger disagrees with this.  He believes that mobile device suppliers are the missing player since many of the devices are being implemented in cars.  Cars have small screens, tiny keys, fonts and touch-screen and are clearly less suited for use while driving.

With all these issues discussed by different institutes each having different sides, others may be blinded and confused.  But as a Kentucky personal injury attorney, I still go with the NTSB’s recommendation to ban all phone use in cars.  Isn’t one less Kentucky car accident enough to implement such a band?  Do we have to have an office on wheels?  Is one fatal car accident and one life saved enough for us to wait for that call?

An injured Kentucky car accident victim will be contacted by both their insurance company and the at-fault insurance company within days of the accident.  The insurance company for the at-fault party is going to call almost immediately after an accident.

Their purpose is to try to get your statement.  The insurance adjuster will ask you questions that seem insignificant at the time.  They are trying to get information they can use against you.  The purpose of the call is to find out what happened in the case and find out what the value of the case is.  They also want to know whether or not their insured is going to be found liable, that is if the accident was their fault and they will have to pay for pain and suffering.

Another purpose of the call is to see if they can lower the value of your personal injury claim based on your conduct and history.  They want to eliminate or reduce what’s going to be paid on the case.

It’s a good idea to wait until you’ve spoken to an attorney before you talk to the insurance company and give a statement.  You should see if it is in your best interests to give a statement, and if it is, to get prepared to give that statement.  I personally meet with a client for at least an hour to prepare them to give a statement to the insurance company.  A statement is something the insurance company adjuster does almost every day.  For most people, the only time they’re ever going to give a statement is that one phone call when they’ve been in an accident.  It’s best to wait until you’re feeling better, your adrenalin’s not pumping, and you’re not on medication, so you can think clearly when you are responding to the questions asked.  This will increase the chances of a successful outcome to your personal injury case.

Some car accident victims that come into my office think “I’ve been in an accident and I am entitled to X amount of money”.

They think that if I don’t go to work, they will automatically be paid for the time
they missed.  That if they just go to a doctor, they are going to get a good settlement just for being in a car accident.  This is not always the case.  If you have been in a car accident and you are truly hurt in the accident, I can put a million dollars on the table and I could put your health as it was prior to this accident on the other
side.  There is not enough money for you to be paid that’s going to make it worth while going through life with a back injury.  To have weekly care.  To have arthritis.  To be in pain every day for the rest of your life.

When an accident victim is seriously injured their injuries and problems are going
to affect them for the rest of their life. The court system is not a get rich quick scheme or anything like that.  Those who are truly injured will be compensated for those injuries, but it is no windfall.

Another factor in this is that all insurance companies now use computer programs to determine what a claim is worth.  There are various names for these programs, Colossus, Teach and Smart.  There’s over 10,000 items (or value drivers) that can be entered into these programs.

These numbers then give the adjuster a settlement range.  If you don’t know how to manipulate that program a little bit, that number is going to be lower.

Because of this The Insurance Company will not give you a reasonable offer if I
simply call them or write them a letter. 20 years ago insurance adjusters had a lot more freedom in settling a personal injury claim.  They would look at the case and decide this is what it’s worth, this is what this person truly deserves.  Today most insurance companies have turned the claims department into a profit center.  They are trying to make money or lower the amount that they pay out per claim.  The
less they pay out the more of the premium they collect they get to keep which
means less money for you.

Some car accident victims that come into my office think “I’ve been in an accident and I am entitled to X amount of money”. They think that if I don’t go to work, they will automatically be paid for the time they missed. That if they just go to a doctor, they are going to get a good settlement just for being in a car accident. This is not always the case. If you have been in a car accident and you are truly hurt in the accident, I can put a million dollars on the table and I could put your health as it was prior to this accident on the other side. There is not enough money for you to be paid that’s going to make it worth while going through life with a back injury. To have weekly care. To have arthritis. To be in pain every day for the rest of your life.

When an accident victim is seriously injured their injuries and problems are going to affect them for the rest of their life. The court system is not a get rich quick scheme or anything like that. Those who are truly injured will be compensated for those injuries, but it is no windfall.

Another factor in this is that all insurance companies now use computer programs to determine what a claim is worth. There are various names for these programs, Colossus, Teach and Smart. There’s over 10,000 items (or value drivers) that can be entered into these programs.

These numbers then give the adjuster a settlement range. If you don’t know how to manipulate that program a little bit, that number is going to be lower.

Because of this The Insurance Company will not give you a reasonable offer if I simply call them or write them a letter. 20 years ago insurance adjusters had a lot more freedom in settling a personal injury claim. They would look at the case and decide this is what it’s worth, this is what this person truly deserves. Today most insurance companies have turned the claims department into a profit center. They are trying to make money or lower the amount that they pay out per claim. The less they pay out the more of the premium they collect they get to keep which means less money for you.

Technology is moving way too fast for me.  Automakers are rapidly adding voice controls for phones, navigation and other dashboard tasks in order to reduce distraction.  At the least this is what they say.  Some safety experts disagree with stating that voice controls may help or hurt drivers’ focus.  These high-tech car voice control systems-speak to the drivers in a soft, calm voice and a conversational manner that is annoying to some drivers.  Chairman Deborah Hersman lamented the “gap in research” concerning car voice controls.  USA Today states car voice controls are “blamed for 3,000 to 33,000 traffic fatalities each year” at a recent National Transportation Safety Board public forum.

Wade Newton, spokesman of Auto Alliance says that members conceive “voice operations are one of the ways to let people do what they’ve come to expect to be able to do with today’s technology, while still keeping their eyes on the road and hands on the wheel.”  But a psychology professor in University of Utah, David Strayer, disagrees.  He noted that “hands on the wheel and eyes on the road aren’t safe if the mind is not on the drive.”

A new car owner named Gary, in Florence, Oregon was interviewed because he had his car voice controls terminated. He couldn’t concentrate on his driving with the woman’s voice telling him what to do.  He added that it’s true that people love gadgets but they forget that a car is no place to play. This affects your life, and your passengers.  He makes sense, right?  Let’s just bear in mind that safety on our Kentucky roadways is much more important than focusing on these high-tech gadgets.  Is one life worth a phone call? You can prevent a car accident by concentrating on the road and waiting to use the gadget until you arrive to your destination.

The Governor’s Highway Safety Program, the National Highway Traffic Safety Administration and the National Safety Council have joined forces this month of April for National Distracted Driving Awareness Month. The purpose is to urge drivers to avoid distractions while driving.  Drivers using handheld or hands-free cell phones or texting while driving are the leading distraction for crashes which is 28 percent of all accidents or 1.6 million crashes each year estimated by the National Safety Council.

The head of the Vermont Governor’s Highway Safety Program cited a new case of distracted driving in Vermont that involved a woman texting while driving with her dog sitting on her lap as an example of a continuing problem across the nation.  The woman who has been summoned into court on allegations of driving with a suspended license, cell phone in one hand and her dog sitting on her lap is Sarah Gibson, 22, of St. Johnsbury.  According to St. Johnsbury police, Sgt Eric Hazard spotted Gibson texting while driving her 2001 truck when they were supervising traffic Tuesday on Memorial Drive.  She was issued a $ 156 traffic ticket – with two points against her license – on the texting allegation and also was ordered into criminal court May 21 to face the charge of driving with a suspended license.

Detective Sgt. Jennifer McGarvin said that Gibson asserted she was not texting, merely checking the time on her cell phone, which was being held above the steering wheel when spotted by the police.  Is this any better?  Her eyes were still not in the road.  Gibson received a written warning for having the dog in her lap, and also for failing to carry her vehicle registration and proof of liability insurance in the truck.

Many states have passed laws that ban texting while driving and Vermont is among the 36 states.  Vermont law prohibits drivers from having anything between them and the steering wheel.

Why do we still have cases like this?  Are the laws not enough? Are citizens too busy ignoring rules and laws because of virtually no penalties?  Does the threat of $100.00 fine make you think twice about texting while driving?  That is the maximum penalty in Kentucky.  I don’t believe the penalty represents the potential danger and consequences of a serious injury car accident.

April is Distracted Driving Month! There are numerous campaigns that aim to increase people’s awareness on the negative effects of distracted driving. Teens are the focus of any campaign, being the biggest culprit. Fox teen hit TV show Glee features a distracted driving crash cliffhanger from last season in their season premier. As far as my girls go it doesn’t get any bigger then Glee.

A recent survey from State Farm points out that many teens still do not get the message of not texting while driving. Harris Interactive have surveyed 652 teens ages 14-17 in February to examine their attitudes and behaviors around driving. The survey showed that just 43% of drivers ages 16 and 17 say that they never texted while driving. This result is similar to the percentage result as in the insurer’s first survey done in 2010.

In Glee’s cliffhanger from last season, Quinn Fabray rushed to her ex-boyfriend’s wedding. She was texting while driving when her vehicle was blindsided by a truck. Viewers were left wondering about her fate as the screen went black.  We will see if her contract is renewed.

Teens are still texting while driving. It is not until they or a friend is involved in a car accident that they see the real damage texting while driving can cause. Parents play an important role in the battle against teen texting and driving. As emphasized by the survey, 67% among teens who text will talk often with their parents about driving. This rises to 82% among teens who never text while driving. The bottom line is communication.

The fight against teen texting and driving is far from over. It is important to increase teen awareness on the effects of texting and driving as well as teaching them how to drive safely. Parents should continue to talk with their children and never miss to emphasize the importance of safety and to never hold their phone while in control of the wheel. Use shows, such as Glee, which shows this behavior and the dangers to start your conversation. This well could avoid a Knetucky car accident,

You don’t have to give the insurance company a recorded statement immediately after the accident.  Just because they call you doesn’t mean you have to talk to them. Time is not of the essence!  We talked in the past blogs about why they are trying to take your statement.  I advise my car accident clients not to give a statement until you have had a chance to evaluate yourself.  Figure out your pain level.  Get off your pain medication if you can.  I urge you to talk to an attorney before you give a statement so that he can prepare you for that statement.  Preparation will level the playing field.  Insurance adjusters take statements
everyday.  Most people will only give a statement this one time.  Giving a
statement can be very nerve wracking.

The main thing is to get prepared.  Time is not of the essence.  You can wait.  You can wait 30 to 60 days or even longer if you want to before you give a statement.
You might want to take some notes so you don’t forget what you want to say.  You should keep a journal everyday as to what is happening the doctors you are going to, the things that you can and can’t do during the course of the day because of the accident.  If you think about it, a trial, if it happens, is going to be two to three years down the road.  Think about last Christmas.  If I asked you to go from when you got up to when you went to bed and tell me everything that happened, who got what present, are you going to be able to do that?

Preparation for a statement with a Kentucky Personal Injury attorney that consent notes in car accident cases will give you the best opportunity to get a favorable
outcome in your case.

• under developed visual perception skills;
• impaired ability to self-regulate behavior;
• moods;
• responses;
• lack of organization;
• immature judgment; and
• the inability to concentrate as well.

• restricting your child’s driving,;
• setting some rules; and
• emphasizing approaching driving with caution.

You have to reimburse Medicare for medical bills they paid for treatment for injuries from an accident.  Medicare has, what we call, a super lien.  Not only are you on the hook for the reimbursement but also the insurance company if they don’t pay it back would be liable.  And the attorney could also be personally liable.  You’re definitely are required to pay Medicare back anything they pay for medical care of injuries suffered in a car accident caused by someone else.

It’s much the same way with most health insurance policies.  They have provisions requiring subrogation.  You have to pay back if there is someone else that is responsible for the injury.

Sometimes the amount can be negotiated down.  Most of the time that the amount is a lot less than what your medical bills would be.  Medicare pays a very minimal amount of the total bill so if there was a $1,000.00 bill they might have only paid $122.00 toward that.  You only have to pay what Medicare actually paid.  Medicare will also give a 25 percent discount off of that for the attorney helping them collect.  The attorney usually passes this on to the client.

Medicare is a huge problem.  They are very slow in responding.  They have a lien on the case that has to be repaid.  Until the attorney gets the conditional amount from Medicare he has no idea what type of settlement or what the bottom line of the settlement will be and how much they will get.  A case in Arizona basically put a halt for two or three months on everything.  There were no letters going to attorneys stating what the lien amount was.  Consequently, car accident cases and other personal injury cases could not be settled.  This placed a huge financial hardship on those accident victims.

There are lawyer and medical referral services in every state. They are created to assist accident victims in their treatment, claims and recovery. Many have questioned their credibility asking whether they offer reliable service or are just a for money-making business? What is the truth?

In Florida, complaints about lawyer and medical referral services prompted the Florida Bar and lawmakers to consider new regulations. Critics have said, that accident victims are lead to believe that after being involved in a car accident that they will receive $10,000. The truth is this is for medical bills only and they could be left with thousands of dollars in medical bills on top of it.

One example is Jazmil Rodriguez who was rear-ended in Orange City last year. She phoned a medical and lawyer referral service to help her. She later realized that she was deceived. She was told by a paralegal that she must be treated before she could meet an attorney. She was then treated for 10 days straight. After that her treatment consisted of three to four times a week for two months at a specific pain clinic. After her treatment, she was told that her therapy used up her $10,000 of personal injury protection benefits and she still has to pay nearly $5,000.

A special Florida Bar committee is investigating lawyer referral services. The bar considers proposals that would restrict lawyers from participating in for-profit referral services and would require lawyers to disclose their relationship with the referral service to both the bar and the clients. Such recommendations will be presented to the State Board of Governors in May.

As a Kentucky personal injury attorney, I believe that a lawyer must provide a complete, fair and impartial advice to his clients. If they are relying on referrals for such a service are we able to give impartial advice to an accident victim? I believe accident victims should be informed of all relationships.  The way the injured accident victims can make an informal decision that is best for them and only them.