To me this is stating the obvious. You should not send a text message, read a text message, read an e-mail or be on your facebook page while you are driving on Kentucky roads. Once again, stating the obvious, this lack of attention to the road and what is happening in front of you causes serious auto accidents. I drove up to Chicago last week for a conference. As I passed cars or they passed me I was watching the drivers. Before it got to dark to observe I counted eight people who appeared to be texting while driving down I-65 at 70 mph. This is, shall we say not smart and dangerous.

Tennessee has just passed a law banning text messaging while driving. They join eight other states that ban text messaging and nine states that ban texting by teenage drivers (I guess you have the ability to text and drive once you turn 21). This is a law that needs to be in place. Awareness will prevent auto accidents.

Kentucky considered a law banning texting while driving last year and talking on a cell phone while driving if you are not using a hands free device. If I recall it didn’t make it out of committee. I hope Kentucky will consider revisiting this issue in the next legislative session. We need a law that can be used by the police to make our roads safer. Tennessee has a proposed penalty of a maximum of a $50 fine; hopefully Kentucky will look at a stiffer penalty that will be more of a detriment. I would also like to see tougher penalties for repeat offenders. I urge the Kentucky legislature and Governor Beshear to look at this issue and give Kentucky a law banning text messaging and cell phone use with some teeth. This will prevent auto accidents and injuries on Kentucky roadways.

One of the most common car accident cases that walk into my office is what is commonly called “whiplash”. You will also hear them referred to as a soft tissue injury or a sprain/strain. These are the most difficult cases to prove in a  Kentucky court or to convince an insurance adjuster to pay what one would consider a reasonable amount. Kentucky accident victims suffering from these injuries are hurt, they are in pain and the injury is having a detrimental affect on their quality of life. If people are hurt why are these cases so difficult?

There are a number of factors:

·        There are no tests that easily show a whiplash injury.

·        Someone can easily fake this injury because the complaints are subjective.

·        Insurance companies have been successful in denying these claims.

·        There is often little property damage involved in the accident.

·        The accident victim thought the pain would go away so they didn’t go to the doctor.

·        When they did go to the doctor they went to someone that did not have an expertise in this type of injury.

·        Juries of suspicious of what they cannot see.

So how can an accident victim who has a whiplash injury get a reasonable settlement for their injury? Unfortunately there is no way to guarantee an outcome. What you can do is take steps that will give you the best chance for a satisfactory outcome. Some of these steps are:

·        Get checked out by a qualified doctor immediately.

·        Follow your care plan.

·        Document your complaints. Take pictures of the damage to your car.

·        Be careful what you say to the insurance company.

·        Speak with an attorney that concentrates in car accident cases to answer your questions. Most give a free consultation.

·        Be completely honest about your pain and injury.

I could go on for ever about what to do and not to do in an accident case. In fact I have! I wrote a book entitled “7 Potholes That Can Wreck Your Kentucky Accident Case”. If you have been injured in an accident in Kentucky and would like more information on the process click the link on the right I will be happy to send you a copy at no charge.