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.

The use of cell phones while driving has become a serious public health problem. There have been reported cases of victims being injured and even dying due to distracted driving. Many states have passed laws making it illegal to use handheld cellular phone while driving. In Kentucky, the use of personal handheld electronics is banned for drivers under the age of 18. All state laws allow the use of hands-free cell phone.

Hands-free device are often viewed as a solution to the risks of driver distraction since they minimize the two obvious risks of looking away from the road and removing hands from the steering wheel. On the other hand, cognitive distraction or taking your mind off the road may also occur talking with hands-free device while driving. Hands-free devices do not eliminate cognitive distraction. The National Safety Council reported that drivers using any type of communication device, hands-free or not, have a tendency to “look at” but not “see” an object, and fail to notice 50 percent of their environment. This is an alarming statistic. Distracted drivers mostly experience inattention blindness and one in danger of not being able to execute a safe response to avoid a car crash. Many studies have shown that talking on hands-free devices delays response and reaction time.

Many of us are now using our cars as an extension of our office. It is a big challenge to quit using cell phones, whether handheld or with a hands-free devices while driving. Can you stop? Can we stop as a society? Your life may depend on it. As we increase the awareness about the risks of hands-free devices and cognitive distraction more of us will get the message. Be a part of reducing car crashes, injuries and death by being a disciplined and responsible driver.

We have all seen the commercial where the backup camera stops a car pulling out of a driveway in time to avoid hitting the child pushing his big wheel. Did you know thousands of children are hurt or killed every year because a driver backing up didn’t see them?  At least fifty children are being backed over by vehicles every week in the U.S.  Tragically, back-over incidents take place in residential driveways or parking lots. In over 70% of these incidents, a parent or close relative is behind the wheel. Research groups have concluded that the best way to improve visibility is by installing camera systems which are much better at revealing objects that a driver could not see through the windows and mirrors and could probably prevent thousands of injuries and fatalities.

U.S. auto-safety regulators proposed a new car safety rule mandating that vehicles built after September 2014 includes a rear-view camera system to prevent drivers from backing over pedestrians.  Transportation Secretary Ray LaHood said in a statement, “There is no more tragic accident than for a parent or caregiver to back out of a garage or driveway and kill or injure an undetected child playing behind the vehicle.  The changes we are proposing today will help drivers see into those blind zones directly behind vehicles to make sure it is safe to back up.”  But this decision was postponed pending further study.  NHTSA representatives have reported that the final ruling will be issued by December 2012.

Even though the proposed rule has not yet passed, Honda has considered rearview cameras as a valuable lifesavers.  All of Honda’s trucks and crossovers are now equipped standard with rearview cameras along with 94% of their car models.  Vicki Poponi, an assistant vice president states,” At Honda, we feel this visibility feature will be important to many families and we are widely applying it even before we are required to do so.”

As a Kentucky personal injury attorney, I am hopeful that we could have these kinds of enhancements that will save lives, improve safety and keep people, especially children, safe in and around automobiles. I used one for the first time a couple weeks ago while in Utah. These cameras will save lives and prevent tragic fatal car accidents and child accidents.

We hear a siren behind us and know an ambulance is coming our way. We all know that it is important to pull over and give way to the vehicle since any delay could be deadly to the person needing aid. However, emergency vehicles can encounter problem in passing especially at a busy intersection. Emergency vehicles never know exactly how the cars in front will react or if they even know they are coming.

Last Thursday April 5, 2012, two EMT’s passed a red light trying to cross the intersection of Hurstbourne Parkway and Bardstown Road in Louisville, Kentucky. The emergency vehicle collided with a pickup truck that was not aware that they are coming. It was a severe impact that pushed the truck smashed into a pole.

Most people say that it is not difficult to notice a vehicle with flashing lights and a blaring siren. Some people may get confused on what to do. Others find it difficult to deal with it because they come very fast.

Bardstown and Hurstbourne intersection is one of the busiest in the city according to authorities. Louisville Metro EMS Maj. Michael Will said that, “It’s just a confusing intersection, especially at that point. It’s difficult for opposing traffic to hear or even see. Distraction of drivers can be a big problem to deal and also some drivers aren’t sure on what to do in dangerous situations.

After the crash, two paramedics and two people in the truck were hospitalized. No charges have been filed in the accident.

What are the rules when you hear an emergency vehicle approaching?

In the state of Kentucky, emergency personnel said that drivers in the left fast lane should veer toward the median and not to the right when ambulance approaches. You should pull off the shoulder in the right lane. It is also a protocol to paramedics to come to a complete stop before passing through a red light.

To avoid incidents like this, it is important to increase people’s awareness on what to do when encountering emergency vehicles.

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.