I had to travel to Lexington last week.  As I was driving east on I-64 I saw a sign that read “52 deaths on Kentucky roads this year”.  We have all seen these electronic signs that dot the interstates in Kentucky. My immediate thought was it’s not even the end of January and there have been 52 deaths on Kentucky roads due to auto accidents! This is 52 fatal accidents. I wonder what the causes of these deaths were.  I was on my way to Lexington to file a lawsuit in a case where my client had been t-boned by a young teenage girl who was texting on her cell phone. She did not see the red light, ran it and slammed into the side of my clients’ car.  Unfortunately, the consequences were severe. My client suffered a traumatic brain injury with a permanent memory problem as a result of this accident. 

            I can’t believe that nothing has been accomplished in Kentucky to prohibit texting while driving. It is running rampant on Kentucky roadways, whether you are in Louisville or Lexington.  There are so many people, not only teenagers but adults, on cell phones and being distracted by other means.  This is making the highways more and more dangerous. 

Last week the Transportation Department announced a new rule that prohibits interstate commercial truckers and bus drivers from sending text messages while they are operating their vehicles.  Those drivers who break this rule will face civil or criminal fines that could go up to $2,750.00.  This rule became effective immediately. 

Texting while driving is just one of the problems that should be addressed.  Many truckers use computers while driving that are required by the companies.  These are dash mounted. As everybody knows multitasking makes driving more dangerous.   

I applaud the transportation department for making this rule.  I hope that the states that have not instigated bans on texting while driving will do so in the near future.  It will definitely save lives.  Hopefully this will help cut down on the 52 deaths that have occurred this year on Kentucky highways.  This is too many deaths from traffic accidents. Whether they are car accidents or truck accidents we need to take whatever steps we can to prevent them from occurring  in the future. The National Transportation Department has taken a big step. Will Kentucky be next?

Driving my daughter to school this morning we saw a car cut through three lanes of traffic to make a right turn. She looked at me and said “What that car did wasn’t very safe”.  With that simple statement it hit me; she would be going to get her driving permit in less than two weeks. My youngest daughter would be let loose on the Kentucky roads and will be driving. UGH!!!! (To quote Charlie Brown).

As a father and an accident attorney I started thinking about how dangerous the roads are and that they were not a very safe place for my little girl.  All of the horrible facts concerning automobile accidents, the fatal accident scenes that I had worked as a prosecutor and the many cases I have handled started running through my mind.

• Motor vehicle accidents are the leading cause of death among teenagers.

• Teenagers in the United States account for 10% of the population and 12% of the car accidents. It is worse for the 15-24 year old age group. This group makes up  approximately 14% of the U.S. population and for almost 30% of the cost of motor vehicle accident injuries.

• Newly licensed teen drivers have a higher crash rate their first year of driving than any  other year.

Why is this the case? Inexperience plain and simple.

• Most teen drivers will underestimate the seriousness of a dangerous situation.

• Teen driver have a hard time recognizing the presence of a hazardous situation.

• Teen drivers will break the speed limit more often than any other age group.

• Drunk drivers are bad, but teenaged drunk drivers are even more likely to cause a car  accident.

• Inexperienced drivers cause more accidents.

• The use of cell phones increase the risk of car accidents.

• Teen drivers have a much more difficult time adjusting to night driving.

What am I suppose to do? What do parents need to do to protect these new drivers? I do not want to obsess and just wait around for a late night phone call. How can we help reduce and prevent motor vehicle accident s involving teenagers? A good place to start is driver’s education and parent involvement. Sign up for a driver education class. Take the time to teach your kid how to be a safe driver. These steps may prevent injuries and even death.
injury accident

Kentucky is a state that has a Graduated Drivers License (GDL) program. These programs have been shown to reduce fatal and injury accidents involving new teenage drivers by up to 40%! GDLs delay full licensing of teens and restrict them from driving in higher risk situations. The goal of these programs is to reduce the number of car accidents involving our young drivers.

During the permit driving phase a new driver must be certified by their parent to have at least 60 hours of practice time behind the wheel. This is the minimum. The more they practice the better driver they will ultimately be. Also, any permit driver that receives a ticket and a violation during the 180 day permit phase has to start over. It will be another 180 days before they are eligible for their license.

Maybe things aren’t as bad as I think they are. Maybe I am acting like Eyore. But then I think back to daughter number one who is now an excellent driver. During her first year of driving she totaled two cars. Thankfully she walked away both times uninjured. Can I prevent daughter number two from a similar fate? No, but I believe I can increase her odds of success.

Should I have sign a safe driving contract? I think I will. Hopefully this will help make her aware of the many dangerous there are on the road and the responsibility one has when they are behind the wheel. Kentucky had on of the highest rates of teen car accidents in the nation in 2006. Teens made up 6% of our population and caused a whopping 20% of the accidents.

GDL programs are aimed at reducing these accidents after the permit phase and these driver’s are on the road without an experienced driver in the car. Night time driving is restricted between midnight and 6:00 A.M., except in emergency situations. I may be stricter myself, but this is a great law. Also the number of unrelated passengers under the age of 20 are restricted to one. Another great idea, because statistics show that the risk of an accident increases with the number of passengers. I guess it all comes down to paying attention to what you are doing and not multi-tasking.

Wish me luck over the next months. It is an exciting and scary time. My goal is to teach my daughter responsible driving. To be someone who makes are roads safer. To be an example of a good driver. Any suggestions would be appreciated.

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

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

·        Triathlete Killed By Hit and Run Driver

·        Child in critical, cyclist stable after fatal Radcliff accident

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

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

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

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

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

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

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

I have a few hot spots that can get me very angry. Irresponsible drivers are at the top of my list, whether it is someone texting and driving or drinking and driving. This morning in Jefferson County E. P. Tom Sawyer State Park held its 28^th annual triathlon. It consists of a half mile swim, 14 mile bike ride and a 3.1 mile run. This particular event is not the caliber of the iron man series, but a family event. Parents often participate with their children.

At what is slated as a fun day ended in a horrendous tragedy. A participant, not yet identified, was killed by a drunk driver. The accident happened during the biking leg of the event. The victim was riding his bike down Chamberlain Lane when he was struck from behind by a motorist. The motorist, 25-year-old Kenneth Yates, did not stop but continued to drive with the victim’s bike on the hood of his car.

An off duty police officer who was directing traffic for the event saw Yates with the bike on his hood and stopped him. At this point Yates fled on foot to a house close by. Yates’ mother returned him to the scene. He was charged with murder, drunken driving and assault on a police officer.

Lance Armstrong told us in his video blog from the Tour de France to be safe out there. Unfortunately there are some things that are out of our control, that being the irresponsible actions of drivers. Kentucky roads are not known as bicycle friendly. Personally I have had some close calls, but no significant injuries. My sympathies go out to the family of this bicycle accident victim.

I would urge anyone who witnessed this fatal bicycle accident to contact the Louisville Metro Police Department so that what they saw can be documented. Every eye witness account is important and can potentially make a huge difference in the outcome of legal proceedings. Whether it is for the criminal prosecution of Kenneth Yates or the civil wrongful death action, eye witness testimony is critical. I f you saw something contact the police.