March 22 2012

Is Lack of Speeding Enforcement Causing Accidents?

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Speeding is still a problem that causes injuries and fatalities on the road. Highway safety leaders from many States in America recently gathered to develop a strategy to combat speeding. Several states have implemented changes in maximum speed limits and speeding fines. However, 10,530 people died in speed-related crashes in 2010. Fatalities related to speed rose 7%! In this same time period the non-use of seatbelts has been lowered to 23%. Drunk-driving deaths in motor vehicle accidents have dropped 3% since 2000.

In Kentucky, the speed limit has been increased to 70 mph on specific parts of interstate highways.  This was done after engineering and traffic investigation into the issue. According to Barbara Harsha, executive director of the Governors Highway Safety Association; “There hasn’t been much done at the state level or the federal level on speeding” since 2005. There is limited use of automated speed enforcement and with limited funds for road and safety promotion and education, there are fewer law enforcement personnel to handle the job.

The posted speed limits in several states are the law but most people disregard it according to Harsha. On the other hand, the National Motorist Association, the group that was initially formed to seek repeal of the 55-mph national speed limit sees it differently. Director John Bowman says that the roads have never been safer. Bowman also says that NMA favors a national effort to set speed limits based on sound traffic engineering principles and more public education on safe driving practices, especially lane courtesy, in which slower traffic keeps right. The GHSA recommends states address speeding with aggressive driving crackdowns, targeted enforcement in school and work zones and a national, high-visibility enforcement and education campaign.

As a personal injury attorney, I have come across several cases of injury contributed by driver speeding. I agree that it would be of great help to strengthen enforcement of speed limits and increase people’s awareness on safe driving. It is also necessary for all drivers to be responsible on the road, following traffic rules and driving in proper behavior. Which side of this issue are you on?

March 20 2012

Are Dogs Safe In Cars?

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How many times has a dog with its’ head hanging out the window caught your eye?

A lot of people take their dog to the grocery store or on vacation. Is traveling with your dog dangerous? How can drivers ensure the safety of their dog and themselves while driving?

We commonly see cars with pets in the backseat, some are even on driver’s lap or passenger’s lap. Dogs ride with heads out the window or roaming freely inside the vehicle. The Director of Professional and Public Affairs at the American Veterinary Medical Association in Schaumburg, Illinois, Dr. Kimberly May, who has been a veterinarian since 1994, said that it is a big mistake to let pets roam freely in cars.

A crash can cause injury to the driver and his passenger. We wear seat belts for a reason. Unrestrained drivers and passengers are more likely to be injured in a car accident. What about an unrestrained dog? Dogs may suffer broken legs, broken ribs, eye injuries or be thrown out of the vehicle if there is a car accident. A dog on a driver’s lap may also distract the driver causing a serious car accident.

In order to be certain of your dog’s safety inside the car, here are some helpful tips:

  1. The best way to restrain dogs is by using a good harness and a seatbelt – it is important to choose a good-quality and properly fitted harness.
  2. Do not let dog’s head out of the window – once a restraint has been applied make sure that their heads are not hang out the window, since this would put them at greater risk of injury to their face.
  3. Do not transport dogs in open truck beds – Dogs must be restrained in order not to be protected from serious injuries in case of a crash.
  4. Do not leave dogs inside the vehicle unattended – it can be harmful and deadly to the dogs during warm weather.

Having a dog in the car can be fun but also dangerous. Remember to take the proper precautions to secure your dog. Make sure that the dog’s movement in tha car doesn’t make you a distracted driver. Ensuring the safety of dogs while riding will save the life of the dog and the people riding the vehicle.

January 19 2012

2011 Auto Accident Statistics

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Would it be too much to ask for zero accidents on our Kentucky roadways as we kick off 2012?  Unfortunately, five motorists have already died in four separate crashes on Kentucky roadways during the New Years’ holiday period, which began at 6 p.m. on December 30, 2011 and ended January 2, 2012 at 11:59 p.m.

The accidents involved motor vehicles in which two of the victims were not wearing seat belts.  Single-fatality crashes happened in Jefferson and Perry counties.  There was also a single fatality crash in Harlan which involved the suspected use of alcohol.  A double-fatality crash occurred in Owen County.

The Kentucky Fatality Analysis Reporting System (FARS) preliminary statistics indicate that 715 people had lost their lives on Kentucky roadways through December 31, 2011.  The following shows the fatality statistics for 2011.

  • · 570 motor vehicle fatalities ( 289 victims were not wearing seat belts)
  • · 61 motorcycle crashes fatalities (34 victims were not wearing helmets)
  • · 25 ATV crashes ( 21 victims were not wearing helmets)
  • · 53 pedestrian crashes
  • · 2 bicycle fatalities
  • · 2 scooter crashes
  • · 2 horse-drawn vehicle crashes

There have been a total of 121 fatalities in these motor vehicle accidents which involved the suspected use of alcohol.  This is 45 less fatalities than reported for the same period in 2010.  As a personal injury attorney, I am hopeful that the decline in fatalities will continue throughout the year.  Let us all do our part in keeping our Kentucky roadways safe.

January 04 2012

Should Kentucky Graduated Drivers Licensing Law Be Stricter?

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According to a recent report the United States could save 2,000 lives a year if all 50 states established comprehensive programs of phased-in privileges for young drivers. A report from the Allstate Foundation and the National Safety Council stated that an estimated 20 lives can be saved in Kentucky from the implementation of a more comprehension graduated driver licensing law.

Auto accidents are the leading cause of death among teens. Every State has a form of GDL, which rewards novice drivers with additional driving privileges as they gain experience and maturity. John Ulczycki of the National Safety Council and other experts say that the most effective GDL programs contain seven components.

The seven components are:

  1. Minimum age 16 for a learner’s permit;
  2. Six months before unsupervised driving;
  3. Minimum 30 hours supervised driving during learner’s stage;
  4. Intermediate licensing at 16 ½ minimum;
  5. Intermediate nighttime driving restriction beginning no later than 10 p.m.;
  6. No more than one non-family passenger for intermediate license holders;
  7. Minimum age 17 for a full license

New York and Delaware are the only states that have programs with all seven components. In Kentucky, the GDL program includes:

a) A six month learning permit at age 16 that requires adult supervision;

b) A restriction on driving after midnight during the permit level;

c) A six point limit on traffic violations to age 18, with a penalty of license suspension; and

d) A four hour driving education class. Under the current National Highway Traffic Safety

Kentucky’s program no longer meets the minimum requirements for a full GDL program with seven components recommended by the National Safety Council.

This is an issue that Kentucky Lawmakers should consider. As a Kentucky Personal Injury Attorney and a father of a teenage daughter, I am concerned about the number of car crashes involving teen drivers. I agree that more lives and more money will be saved if GDL programs in Kentucky will be strengthened.  This is enhancements to the current law should defiantly be considered by Kentucky Law makers.

November 10 2011

$6 Million is the Cost of a Fatal Motor Vehicle Crash

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Motor vehicle crashes are the leading cause of death among ages 5-34 in the USA.  Many campaigns, projects and awareness drives for road safety are promoted by different organizations in order to save lives.   The American Automobile Association (AAA) is one organization that provides services in automotive and transportation arena, as well as conducting studies on motorist safety and supporting motorist rights.

AAA director of federal relations Chris Plaushin says they wanted to raise the profile and raise the awareness about road safety so they have conducted a study. Their study shows the average cost of $6 million per fatal accident in a motor vehicle crash. The cost of motor vehicle crashes was more than three times that of traffic congestion:  $299.5 billion compared with $97.7 billion.  The congestion costs include the price of gas wasted idling in traffic and loss of motorists’ time.  Traffic fatality cost was based on Federal Highway Administration data on 11 components:  property damage; lost earnings, loss of household activities;    medical costs; emergency services; travel delays; vocational rehabilitation; lost time at work; administrative costs; legal costs; and pain and lost quality of life.  Also, the average cost of an injury-only crash is $126,000.  These numbers are higher as compared to 2005 study wherein cost of traffic fatality was $3.24 million and the injury crash was only $68,170.

These figures are staggering, not only for fatalities but for a car accident.  Plaushin states that AAA’s study is designed to push road safety to the forefront of the national debate over transportation priorities as Congress considers a long-term highway funding bill.  More investment in proven safety measures such as cable barriers along medians to prevent crossover accidents , modernized roundabouts and rumble strips are among of the recommendations from the AAA in order to reduce the financial impact of motor vehicle crashes.  It is evident from this study that the cost of safety measures will be off set many times by the amount of many saved from fewer car accidents and fatal accidents.

September 30 2011

Who are the Better Drives, Seniors or Teens?

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Who do you think are the safest drivers on the road:  Seniors or teens?  Let’s compare the motor vehicle accidents and fatalities statistics of senior and teen drivers from the National Highway Traffic Safety Administration (NHTSA) for the year 2009.  About 5,288 people age 65 and older were killed and 187, 000 were injured in traffic crashes during that year.  They made up 16% of all traffic fatalities and 8% of all people injured in traffic crashes.  Young drivers, ages 16-to 19,-years old have the highest average annual crash rate of any other age group.  Around eight teens died each day from motor vehicle injuries.  Per mile driven, teens are four times more likely than older drivers to crash.  In fact, traffic crashes are the leading cause of death for teenagers in America!

Many teenage behaviors contribute to teen-related crashes.  We can point to inexperience and immaturity as causes speeding, drinking and driving, not wearing seat belts, distracted driving (cell phone use, loud music, other teen passengers, etc.), drowsy driving, nighttime driving, and using prohibited drugs and we have serious car crashes.  But, we do all know that teen motor vehicle crashes are preventable if all teens will be more aware and educated on the road rules and will follow proven strategies to improve their safety on the road.

Ageing does not necessarily mean that a person’s driving days are over.  In fact, they are among the safest drivers on the road, as they generally do not speed or take risks, and they are more likely to wear seatbelts.  The ability of older people to drive safely does diminish as their vision and hearing senses decrease.  Other factors are poor judgment in making left-hand turns; drifting within the traffic lane; and decreased ability to change behavior in response to an unexpected or rapidly changing situation.

I think it is very important to plan ahead and take steps to ensure the safety of your loved ones on the road.  I believe that at age 70, Kentucky should require us to take a driving test to determine if we are still safe behind the wheel.  Options such as restricted driving license should also be available.  These steps will save lives and prevent serious injury car wrecks.

September 13 2011

GPS and Bicycle Accidents

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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.

March 31 2011

Parents and Teens Join Hands to Prevent Car Accidents

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Car crashes are the leading cause of death for teens in the United States.  Over 5,000 teen’s ages 16 to 20 die due to fatal injuries each year caused by car accidents and about 400, 000 drivers will be seriously injured.  Teen drivers are four times more likely than older drivers to be involved in a car crash.

As a father and a Kentucky personal injury attorney it disappoints me when I see how unsafe teenagers are that are driving on Kentucky roads. 

  • What can we do to make our children safer drivers?
  • To keep them from texting while driving?
  • To make sure they don’t drink and drive?

We can’t stop them and take away their right to drive.  As parents, we can make a big difference in preventing car accidents, which are considered to be the number one killer of our teens.  Here is a one-minute- I Pledge Video – that shows parents pledging to protect their teen drivers, the same way they pledged to keep them safe since the day they were born.  We do everything we can just to make sure of our child’s safety and protection when they are young.

We have great influence over our teen’s behavior and can play a key role in preventing our teen from being involved in serious or even fatal car crashes.  Let’s stay involved with our teen’s driving.  The first step is to talk about staying safe behind the wheel. Agree to rules while driving such as:

  • Avoid distractions while driving
  • Prohibiting driving at night
  • Set curfew times
  • Wearing seat belts at all times 

Learning and enforcing Kentucky’s teen driving laws is a must for your teen to review and acknowledge.  Practice driving as often as we can with our teens and supervise his/her driving so that they’ll be more experience and safer behind the wheel. 

Motor vehicle crashes can happen to anyone in Kentucky because lack experience. New driver’s have to think about every little thing and our more likely to be involved in a car accident.  If parents and teens join hand in hand, together they can make it safer to drive on Kentucky roads and prevent serious and fatal auto accidents.

February 15 2011

Zap Texting While Driving!

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The long winding roads of Kentucky demands total attention of a driver, but a simple beep of a text message notification can be distracting and potentially deadly.  It is a temptation that is hard to resist. We have to respond to a pending text message.  I am a personal injury attorney and a parent of a teenage girl. I tell my daughter not to text and drive. Does she listen to me? Parents can now to stop worrying about their teenager. 

This is because a new product has emerged that prevents teens from texting in a moving vehicle called the Text Zapper.  This was created by TMG Systems, a company based in NJ.  Text Zapper, which can be subscribed at $4.99 a month, is a phone application that disables a phone’s ability to text, e-mail and browses the web once the vehicle is moving faster than 10 miles per hour.  It won’t permit text messaging in a moving vehicle.  Plus, it’s the parents who totally have the control of the application. They can override the prohibition if requested by the child, who may be a passenger instead of a driver. 

It is a necessity to promote such application/device like this because driving distractions such as the use of hand-held cell phones is a top cause of roadway accidents which may result to serious injuries or worse fatal deaths.  Teens are 10 percent of the U.S. population but account for 14 percent of all fatal vehicle wrecks for they are four times as likely as older drivers to crash.  More than 5,000 youths nationwide, 16 to 20, die of injuries received in vehicle wrecks each year.  This is a must device. 

Wenger from TMG Systems stated its business goal which is to help reduce the risk of teen driving.  It is not intended to stalk the child but as to ultimately save lives.  Check this product out. It may prevent a fatal car accident.