• Poor judgment in making turns;
• Impaired vision;
• Memory;
• Attention;
• Decreasing physical ability.

We live in Kentucky and know what a pothole can do to a car.  Potholes come in all sizes.  They might be a foot deep.  Most potholes are formed due to wear-and-tear and the weathering of roads.  Heavy traffic can aggravate the cracks and potholes in the road, making them more severe. This can go to the point that they are a danger that can cause car accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents.

The size and depth of a pothole can vary substantially.  Even shallow potholes may cause an accident.  Tire blowouts, damage to the undercarriage of the car, loss of control due to the jarring, whiplash, muscle strains, or dental damage caused by severe jarring are some consequences of driving over a pothole.  Under some circumstances the municipality or property owner in charge of maintaining the pavement may be responsible for the injuries.

A case in point is a fatal accident that happened March 15, 2010, where a young wife and mother of two was killed by hitting a simple pothole.  The Fisher family was traveling home to South Carolina when their pickup truck neared the Georgia state line. They were traveling on a rough section of I-20.  A car traveling in front of their truck hit a pothole, sending a piece of concrete through the truck’s windshield on the passenger side, where Jo Maureen Fisher was sitting.  The chunk struck her in the head.  She tragically died the next day.  Today, the husband, John Fisher is a single dad trying to balance work with child care.  Almost a year after the accident, the family was paid by the state of Alabama $1 million. This is even though they had not sued the state.

This was indeed a tragic incident.  There would have been no life lost and a young family left without a mother if those potholes were repaired. This was a preventable accident.   We are hoping that local and state government will continually maintain the road in order to avoid such fatal pothole accidents.

Distracted driving is the number one killer of American Teens as reported by the National Highway Traffic Safety Administration. It has been reported that 16% of all drivers under the age of 20 that were involved in a fatal accident have been distracted while driving. Texting while driving is dangerous and deadly but teens, who are more prone to use cell phones while driving are at the highest risk, ignore this. Several states have passed statutes to ban the use of cell phones while driving. Pennsylvania is getting ready to join the more than 30 other states that ban all motorists from texting while driving.

A nationwide public service advertising campaign has been launched that hopes to reduce the number of deaths from distracted driving by educating young adult drivers about the dangers of texting while driving. The campaign is sponsored by state Attorney Generals and Consumer Protection agencies, the National Highway Traffic Safety Administration (NHTSA) and the Ad Council. The campaign is reaching out to drivers through TV, radio, outdoor and digital public service announcements as well as Social media sites such as Facebook, Twitter and YouTube.

Connecticut and Tennessee are participating in the campaign to increase the awareness of teens of the law and the dangers of texting and driving. Attorney General George Jepsen of Connecticut said, “Laws prohibiting texting while driving are not enough. We need to change the culture, starting with the age group most proficient with new technology. They have the power to save lives by focusing on the road and not their cell phones while driving. Stop the texts to stop the wrecks.” Moreover, Attorney General Bob Cooper said, “Imagine closing your eyes while driving for the amount of time it takes to read a text message. Reading a text message is no less dangerous than any other diversion that takes your eyes off the road, and it can carry deadly consequences.”

The new public service ads show teens and adults that when you text and drive, you are not multitasking, but essentially driving blind. All of the ads direct audiences to a new campaign website where teens and young adults can find facts about the impact of texting while driving and tips to control the behavior.

As a personal attorney, I strongly support this new public service campaign. Texting while driving kills and changes lives in the process.  Statistically distracted driving is more dangerous thn drunk driving. This epidemic must be stopped. Our battle cry should be STOP THE TEXT TO STOP THE WRECKS.

Driving under the influence (DUI) is a crime where a driver operates a vehicle while impaired by the effects of alcohol or drugs.   Alcohol impairs your driving abilities, both conscious and instinctive.  Your visual judgment, night vision, speed, braking and steering ability, distance, reaction time if another car makes a sudden move and all your instincts and reactions you take for granted are impaired by alcohol. 

As a Kentucky personal injury attorney I always look to see if the at-fault driver was drunk.  This increases the value of the personal injury claim, because there can be a claim for punitive damage.  Drinking and driving can have a serious impact in one’s life.

The “Jackass” star Ryan Dunn, 34-year-old, died in a car crash that happened at about 3 a.m. on Route 322 and New Street in West Goshen Township last June 20, 2011.  He was driving his 2007 Porsche 911 DT3, with a passenger who was not yet identified.  Neither survived the crash and died due to the serious injuries sustained in the accident. According to the West Goshen Township Police Department, Dunn’s car was off the road, in the woods and was “fully engulfed in flames” when they arrived to the scene. 

It was reported that Dunn arrived at a bar called Barnaby’s of America in West Chester, PA to hang out with a small group of friends.  A friend said that Dunn was not too drunk to drive for he had only 3 Miller Lites and 3 girly shots and was spending nearly a 4 hour span in the bar.  But according to a person who was inside the bar, Dunn was indeed very drunk.  Dunn even posted a photo on Twitter showing of himself drinking with friends’ hours before the fatal car accident. 

Our prayers go out to the family of Ryan Dunn and his friend. Hopefully, this terrible tragedy will help educate and bring the dangers of drunk driving further into the spot light. Organizations, such as MADD (Mothers against Drunk Driving), a U.S. non-profit group already does a terrific job in its campaign against drunk driving.  Everyone should be involved. Our loved ones are all potential victims and in danger from drunk drivers.

From a legal perspective, the passenger may have a claim against Dunn, as the driver, if this accident had happened in Kentucky. There may be factors, such as knowledge of Dunn’s drinking, which would have a negative effect on the accident case.  There may also be a “Dram Shop” case against the bar where Dunn was drinking if it can be shown they had knowledge that Dunn was intoxicated and still sold him drinks.

Automobile fatalities rate increase each year, especially among young drivers in Kentucky. As a parent of a 17 and 22 year old daughters this concerns me. I have seen many gadgets and programs that are available to educate or prevent serious injury and fatal accidents among student drivers. Parents and teenagers should take a look at this newly launched smartphone application by WirelessESP that keeps young drivers, or anyone for that matter that is addicted to texting while driving, safe on the road called the “Speedbump”.
Speedbump is a GPS vehicle tracking device invented by a teen named Jon Fischer and ensures teen driving safety which respects their privacy and independence. It’s the world’s first mobile application that allows parents and teen drivers to talk and encourage safe driving habits. The application can be used to set and detect realistic speed limits on any type of road whether it is residential, secondary or highways. It monitors and issues instant alert to parents not only when the teen is driving but also when they are a passenger in an unsafe driving situation.
Another positive factor of this application is that it protects teen privacy. This can be huge when trying to convince your children that this is a good and valuable resource. Speedbump only sends reports when there is a violation of the speeding, distracted driving or curfew rules that have been agreed upon. So, if your teen is driving safely, Speedbump never reports their location.
Speedbump is available for Android phones and will be offered for other platforms in the future. The application can be downloaded from the company’s website (www.speedbumpGPS.com) with price starting at just $9.99 per month.

For Kentucky parents who worry with their teen driving or even just riding a car, Speedbump is a valuable solution. It will help erase your worries and give you peace of mind. Most importantly it will help you monitor and ensure that your young drivers are obeying the rules you have in place while they are driving or riding in a car. Act now and encourage safer driving! As a personal injury attorney I hope this device may help make your children safer drivers, give you peace of mind as a parent and a help to prevent a serious car accident.

Louisville is the largest city in the U.S. Commonwealth of Kentucky.  The streets are filled heavily with automobiles, cars, bikes, trucks and buses.  Tragically, accidents happen every day that result in serious injuries or even death. If you are injured in an accident in Kentucky you will require the assistance of an experienced Kentucky personal injury attorney.

You should always consult with an attorney if you are injured so you know what your rights are and the law that applies to your personal injury accident case. The question is “How do you find and hire a good and reliable attorney?”  Here are some suggestions to help you in your search for a competent Louisville injury attorney that will fight for you. 

• Do Your Research.  The Louisville and Kentucky Bar Associations are some of the best and most reliable places to get information regarding attorneys for personal injury cases.  Every city has its own bar association. Check and make sure that there are no complaints filed against any attorney you are about to interview.
• Perform an Internet Search. Every lawyer has information you can find by doing a google search. See what information is out there. Read their articles. Watch their videos. This will help you pick an attorney that is right for you and your case.
• Make a list.  Narrow your search down to 2 or 3 of the best attorneys for your case. Set up meetings with your prospective attorneys. Ask them questions and see which one is the right fit for you. Consult a couple or more lawyers before you decide on hiring any one of them. 
• Discuss and ask questions about your case.  It is advisable to hire a lawyer you feel comfortable with whom you choose to defend your rights since personal injury litigation can be a long drawn process.  He should be somebody you have no hesitations to talk to and can be available and reachable at any time.  

An attorney should be committed and dedicated to your accident case whether it is a complicated fatal accident case or a relatively simple car accident. Find a personal injury attorney that will keep you updated on the development of your case. A terrific resource to help you in your journey of choosing a lawyer is a book called “Hiring a Great Lawyer” by my good friend Mischelle Davis. Pick up a copy at www.hiringagreatlawyer.com.com. Get all the information you can and you will increase the chances of a successful outcome to your Kentucky personal injury case.

As reported in the New York Times on February 15, 2011 the 45-year-old nephew of the Dalai Lama, Jigme K. Norbu of Bloomington, Indiana was struck by a Sport Utility Vehicle at about 7:30 p.m. along the edge of State Road A1A which extends the length of Florida’s East Coast. He was pronounced dead at the scene according to the Florida Highway Patrol.  Norbu was walking as a part of a “Walk for Tibet”, a 300-mile march from St. Augustine to West Palm Beach to promote several international causes.  The driver of the vehicle that struck Norbu was Keith O’Dell, 31, of nearby Palm Coast. He and his 5-year-old son were not injured and no charges have been filed against him.

What can we learn from this tragic pedestrian accident?   When walking along the side of the road make sure you are visible to all traffic. Do not assume the driver sees you. In pedestrian verses motor vehicle accidents the pedestrian will lose.

Pedestrian injury accidents happen in Kentucky. As the weather gets warmer more people will be on the road. Pedestrians, who suffer serious injuries, or even a fatality in traffic accidents, are the result of violation of a traffic law. Pedestrians are vulnerable day or night. Kentucky drivers should keep a look out for pedestrians walking along the street, in crosswalks and outside of the crosswalks.  Pedestrian should follow rules and road signs at night. They should not wear dark clothing. Instead reflective shirts, bands or flash lights should be used. This will make you more visible on the side of a dark road.

            We all watched our televisions sets with horror and grief for the families of the victims in the Hart County truck accident earlier this year.  Could anything have been done to prevent this accident? This question has been on my mind since I saw the first news broadcast. As a personal injury attorney this question comes to mind every time I see an accident. 

We now know from federal investigation that it was a distracted truck driver that caused the accident. The truck went through the median and slammed into a van traveling in the opposite direction.  Fatigue may have been one of the factors. Distracted driving has also been suggested as a cause. 

Is it time for the trucking industry to get rid of the antiquated paper log.  Is it time to get rid of a system that is easily manipulated for profit by the trucking companies?  These logs can be and have been manipulated by the drivers on many occasions, allowing them to drive more hours than they should. 

There are now electronic logs that are available.  Trucking companies have different opinions on the effectiveness of electronic logs and whether money could be spent better in other areas to prevent crashes.

Ben Bauman, President and CEO of Bolt Express is all for the new federal rule mandating electronic onboard recorders for serious violators. Bolt has tested the system in five of their trucks and the majority of drivers like the system.

Doug Duncan, President and CEO (retired) of FedEx Freight has been a great supporter of electronic logs. He believes they are a way to boost efficiency and increase safety on our nation’s highways. FedEx Freight is in the process of implementing electronic on-board recorders in all its tractors. They will be operated through an on-board computer designed by the company and be part of a communication system.

Tom Voelkel, President and Chief Operating Officer of Dupre Logistics began testing electronic logs in the beginning of 2006. They were installed in its entire fleet in  2007. “The benefit most commonly reported by our drivers is the ease of using the system,” reports Voelkel. “Our professional drivers are happier because it allows them to focus on their driving without the many complications and wasted time of having to keep a paper log.”

Jim Burg, President and CEO of James Burg Trucking believes it is important to invest in safety. By doing this there will be less expense, fewer claims and a fewer number of accidents. Burg has already installed roll stability and lane departure warning technologies and video event recorders. Money invested in safety technology should be with proven safety benefits, such as forward-looking collision avoidance systems. Burg is not sure that electronic onboard recorders will automatically cut crash rates.

I believe that if these electronic logs are placed in all trucks throughout the United States that the percentages of truck accidents will go down. Fatal accidents occur on our roads almost daily. 10 percent of fatal accidents are caused by trucks nationally.  It’s time for the trucking industry to use the technology that is available and update their systems to make Kentucky highways safer for me and you. 

Can you stop your teenage driver from texting while driving? I am a parent of a 16 year old daughter and a 22 year old daughter. I preach don’t text while diving. Pull over and to the side of the road if you have to use your cell phone. They give the “Okay dad”.  Have I really got through to them? I sure hope so. Distracted driving is dangerous. As a Kentucky personal injury attorney I see lives changed because a teenager was looking at a text message as they ran a red light.

Now there is help for us frustrated parents.   There is a new smart phone app that hopefully helps prevent texting and driving and consequently deadly fatal accidents.  iSUP is a new product that is will hopefully be a weapon that will be used to help solve this problem.  The app comes to life when it detects that your phone is traveling at a speed of over 5 miles per hour.  When it detects this speed it locks down the phone screen.  The user is not able to dial a phone number, launch an app, read or compose a text message. 

There is some access. You can dial an emergency number such as 911. You can also select a few numbers that have been preapproved that will not be locked down.  Access will also be allowed to some apps such as Google maps and navigation apps. 

This lock down does create problems if you are a passenger or the so-called designated texter. If the app is enabled on the phone the passengers’ screen will also be locked down. The inventors of iSUP are looking into overrides. 

Another new app is called Zom Safer.  This app will put your phone in safe mode and lock down your screen. In other words you cannot dial the phone or enter a text message. This app will allow you to make hand-free calls. 

You might want to check out one of these apps if you have teenage drivers.  iSUP is only $5.00 per month and could prevent a serious Kentucky automobile accident caused by distracted driving or texting and driving.

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

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

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

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

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