Are you insured?  If you are, you know its importance!  If you aren’t insured, what is your problem?  You definitely need to.  Everyone knows the importance of having Kentucky car insurance.  Why don’t all Kentucky drivers have insurance? The economy, recession and no jobs are all excuses.  Car Insurance is neglected by some drivers, meaning an increased number of uninsured motorists in Kentucky. According to the Insurance Research Council, the estimated number of uninsured drivers is as high as 25% in some states.

In Jefferson Country, Louisville, Kentucky a program allowing uninsured drivers to avoid a huge fine has been stopped because court officials found it impossible to monitor the high number of participants. It ended May 6, 2011.  Jefferson District Court judges determined that the Insurance Diversion Program wasn’t managed properly and was unsuccessful. Chief District Judge Sean Delahanty said that the court system lacks manpower, technology and resources to deal with the program.

There are about 7,000 participants in the No Insurance Diversion Program.  The people are living pay check to pay check.  They make choices on how to spend their money. Often food and clothes wins over car insurance.  The financial penalty for getting caught with no insurance makes it harder to pay for insurance and comply with the law. The current participants will be the last unless the judges and state Administrative Office of the Courts officials figure out a way to run it effectively.

Under the program, participants who were referred by prosecutors, would plead guilty and show proof of insurance. Then court workers would call the participants’ insurance companies every month to ensure they kept the insurance policies hadn’t been canceled. At the end of the two years, the charge was dismissed and could be taken off their record.

This was an effective way of helping to keep insured vehicles on the road.  Unfortunately, as a Kentucky personal injury attorney, I see accident victims who have been injured by careless drivers who have no insurance routinely.  With so many uninsured drivers on the road I strongly urge you to check your auto insurance policy and make sure you have uninsured motorist coverage.  The cost is usually less than $50.00 a month.  This could make the difference in being compensated if you are in an auto accident with an uninsured Kentucky driver.

Westbound Interstate-64 is one of Louisville Metro’s busiest and sometimes most dangerous. But due to the increase in the number of accidents on I-64, the Kentucky Transportation Cabinet is modifying I-64 for safety reasons.

Kentucky transportation officials spent over $3 million improving the interchange at westbound I-64 and I-264 last fall. Kentucky Transportation Cabinet officials state that the number of crashes in the area increased from October 2010 to January 2011. Additional modifications are planned. 

Starting last Friday at midnight, part of the westbound I-64 to the Watterson Expressway had a new look.  Striping changes and overhead sign changes have been made. According to Andrea Clifford, spokesperson of the Kentucky Transportation Cabinet, the far right lane will then be for eastbound and westbound 264 and the lane adjacent to it will be westbound 264.

Transportation Cabinet official says that the cost $15,000 for the new striping is worth it for it will reduce the number of car accidents. Clifford said that, “We use engineering judgment and traffic modeling to make these designs, but we cannot design for driver inattention and driver impatience.”

The re-striping project had caused temporary closures last June 10 to June 11. We just hope that the re-striping and overhead sign changes will result to safer life for drivers and less accidents on the area. More importantly, drivers should always be patient and pay attention when driving, especially at busy intersections.

These efforts to improve a dangerous road should be applauded. They are an important reminder to us all to pay attention to our surroundings while driving. As a Kentucky personal injury attorney I see accidents almost daily that are the result of some sort of driver inattention or distracted driving. Remember, driving deserves and requires our complete attention.

Emergency lanes are for emergencies!  Emergency lanes are not to be used for:

• Your convenience.
• Backed up traffic
• Making up time when you are late
• Trying to get off the expressway more quickly
• Getting a Coke out of the cooler in your trunk when you are thirsty
• Getting to the next exit. 

Emergency lanes are to be used for emergencies. Using them for any other purpose could cause a tragedy. 

Why am I ranting about this?  My case manager told m about a little boy she saw on the side of the expressway Derby day. There was a car and truck accident on I-65 northbound in Louisville, Kentucky involving three cars and two tractor trailers on Derby day, Saturday, May 7, 2011.  This wreck occurred before the Derby and Animal Kingdom making his spectacular stretch run to victory. 

Unfortunately a young boy, who could not have been more than seven years old, was strapped on a back board with a neck collar on after being injured in the accident. He could not be transported or moved from the accident scene.  Why couldn’t he be moved? Why couldn’t the ambulance take him to the emergency room for treatment? The emergency lanes were filled with cars! They were not clear!  They were blocked! Traffic was backed up with cars trying to get to the next exit and around the vehicles while this young boy had to lay strapped down unable to move on a backboard.  Think of how scared this youngster was as he lay on the back board not knowing whether he was injured or not. 

Witnesses stated that an SUV was driving in an erratic manner and tried to pass a semi-truck.  The SUV then tried to go around a car and a mini van before it flipped over near the Phillips Lane exit.  Two semi trucks were also involved in this car and truck accident.  Unfortunately five people, four of them children were injured and had to be taken from the scene to the hospital.  Unfortunately, due to the traffic problems and the fact that I-65 North was shut down, the treatment for these injuries was delayed. The mental and emotional anguish was made worse. They had to wait until traffic cleared before they could be transported. 

What would have happened if these would have been life threatening injuries? What would have happened if time was of the essence with the injuries to be treated?  How will this traumatic event affect the growth of these children?  As a personal injury attorney I am always thinking of how events affect others. Hopefully all those who were injured will fully recover. This is an important reminder to us to use emergency lanes for true emergencies.  You never know when they will be needed for an ambulance to rush your daughter or husband to the hospital. When there is a serious injury time could be of the essence. Please don’t let your impatience be the cause of another tragedy.

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.

Is it too early to be making New Year’s resolutions?  The Kentucky accident attorney is asking everyone to make No Texting While Driving their New Year’s resolution!  Why am I thinking about this right now?  Well, in less than a week, January 1, 2011, police across Kentucky are going to quit giving verbal warnings and start handing out tickets to enforce Kentucky’s new ban on texting and driving.  The warning period is just about over. After the first of the year you will receive a ticket if you are caught texting and driving.  This is in addition to the harm you could cause by your inattentive, distracted driving that could result in a Kentucky car wreck. 

Inattention is four times more likely to cause an automobile accident than drunk driving.  The simple act of looking at your phone and texting sayings like lol, lnao, wtf, idk, jk and omg could kill somebody.  We’ve all seen the television commercial where people are texting and sitting in somebody else’s lap or running into someone or falling down the escalator.  These are funny to look at but they do not have funny results in real life.

Kentucky recorded more than 57,000 crashes last year caused by driver inattention.  That’s right 57,000!  Distraction can take many forms. It’s not just texting and driving.  The new Kentucky law is toughest on teens using cell phone because this is the group that is most likely to cause collisions.  Recently students from high schools across the commonwealth attended a State Police Driving Academy in Richmond, Kentucky.  They were brought in from the counties with the highest accident rates involving teens.  The purpose of the program was for teens to learn firsthand why texting and driving does not mix.

Are the No Texting and Driving laws working? Unfortunately the Insurance Institute for Highway Safety has conducted a study that has found that the 30 states that have passed laws that it appears that the laws are not having the desired effect.  In analyzing insurance claims from California, Washington, Minnesota and Louisiana not only was there no reduction in crashes associated with the bans for text messaging but there was actually a small increase in crashes in three of the four states.  It is believed that instead of having the phone up at the steering wheel level where it is in front of where they are driving they are putting it down below window level in their lap trying to conceal the phone. 

The law is more about the message as opposed to the penalty.  Kentucky wants you to put your attention back on the roadway.  First offense only carries a $25.00 plus court costs which would be $130.00 in Louisville Metro or Jefferson County. 

Regardless of what this new law is going to do I say it’s time for us all to make a New Year’s resolution: “No Texting While Driving”.  If you are serious about this send me a message on my web site and I will send you a I don’t text and drive wristband.  Let’s all make this our New Year’s resolution. This will help prevent car accidents and make our Kentucky highways safer.

Drunk driving, driving while intoxicated, driving under the influence, DWI and DUI; whatever you call it is dangerous.  With the recent attention directed toward distracted driving and texting while driving we have not heard a lot about drunk driving in Louisville, Kentucky. The affects it can cause behind the wheel of an automobile is still a major cause of auto accidents and deaths in Kentucky.  As a personal injury attorney I represent car accident victims who have been injured by drunk drivers. Some of these injuries are serious and could have been prevented. Negligently getting behind the wheel of an automobile after having too much to drink is never a good idea. I urge everyone to use restraint during the holiday season.

            Have our views toward drunk driving really changed? Are we more complacent? The National Highway Traffic and Safety Administration has released a national survey pin pointing drinking and driving attitudes and behaviors.  This survey has confirmed the importance of Mothers Against Drunk Drivers (MADD) and their work to help eliminate drunk driving and to keep alcohol out of the hands of teens and minor drivers.  The work that MADD has done in the last 30 years since its inception is amazing.  Since MADD came into existence drunken driving fatalities have dropped almost 44 percent.  The survey also shows that there is still public concern about drunk driving. Four out of five people in the survey considered drinking and driving as a major concern to them personally.

            MADD has long been a proponent of in-car breathalyzers, also known as ignition interlocks, and sobriety checkpoints.  This survey shows a high level of support for these methods of preventing and catching drunk drivers. This is a big part of MADD’s campaign to eliminate drunk driving.            

Unfortunately the survey confirms that under aged drinking is still a significant problem in the United States.  Having a teenage daughter that is out on Jefferson County roads makes this a big concern to me. MADD knows that when kids start drinking alcohol they are more likely to become drunk drivers.  They advocate that parents speaking with their children about the dangers of drinking under aged early and often.  The data in this new survey confirms this.  The bottom line is don’t ignore this issue. Get the elephant in the room out in the open. Have a conversation with your teenage driver about the dangers of drinking and driving. It may save their life.

The effort to eliminate intoxicated driving is ongoing. Laura Dean-Mooney, President of MADD  stated “Ultimately the survey just emphasizes the importance of MADD’s work. We must continue our work to make American families safe from the dangers of drunk driving and underage drinking- lives are at stake.” I agree.

Tomorrow is December 23.  For most people this is not a date that comes with great anticipation, but for Seinfeld fans we all know that December 23 is Festivus.  As Frank called it: “A Festivus for the rest of us.” 

The reason I bring this up is in the Seinfeld episode during the Festivus dinner you gather your family around and you tell them all the ways they have disappointed you over the past year.  This is called the airing of grievances. 

So I thought I would air my grievances about Louisville drivers and how their actions can cause serious automobile accidents here in Kentucky.  Car accidents can have severe consequences and distracted driving is even worse during the holiday season. We all have our minds on other things.  Holiday road rage runs wild.  Here are a few of the grievances I have against some of those drivers that use the Louisville roadways:

            1. Bicyclists That Ignore the Law.    As I was riding to work this morning I got off the expressway at Jefferson Street.  As I was driving down Jefferson Street I saw someone riding their bike to work, which I commend.  The same laws of the road apply to bike riders as to cars.  This particular rider, during rush hour mind you, was riding the white line of a lane in between cars. He was only giving himself a foot on either side as he went down through the traffic.  This is just downright dumb.  I hope he made it to work.  The chances are if he continues this activity, he is going to be involved in a bicycle accident. He will be injured and have problems for the rest of his life.

            2. Texting and driving.  I had someone pull over into my lane as she was texting and had no idea that it even happened.  Get off the phone and concentrate on driving.  It’s very simple to do and it will save your life as well as others’ lives.  Is it worth being in an accident because you need to text, “Oh my gosh” to your girlfriend in the next 13 seconds?

            3. Using Two Lanes to Make a Turn. Stay in your lane. Don’t make a right turn by initiating your turn toward the left.  Stay in your lane.  You don’t have to veer to the left and into the other lane in order to make a right-hand turn.  You can do it within the lanes.  That’s why the lines are there.

            4. Tailgaters.  Get off the rear end of my car.  You’re not going to get there any quicker because you’re 5 feet off my bumper.  Be three car lengths back.  There is a reason this is recommended.  You’re reaction time is not good enough if I have to slam on the brakes for a deer.  You’re going to cause an accident and you’re going to hurt my back.  Back off.

            5. Icy Road Speeders. When the roads get wet and snowy, slow down.  There’s no reason to go 75 miles an hour in a 45 mile per hour zone weaving in and out traffic.  I know 95 percent of the road is okay, but if you hit that one spot at the wrong time you’re going to lose control and cause a serious car wreck.  You don’t need to be in an accident this time of year and neither do I.  Slow down, drive smart, don’t be an idiot.

            These are just five of my grievances I have to voice against Louisville drivers. I have many others. These are just some of the poor driving skills I’ve seen in the last few weeks.  I know I’m somewhat making light of this, but my point is if you are careful you can save yourself from being in an accident. You don’t have to be injured.  Christmas is a great time of year.  Let’s all drive smart and take care of ourselves and take care of other drivers on the road so that we can eliminate bicycle accidents, car accidents and truck accidents.  Have a safe and happy Festivus and let’s hope that there are no grievances to air about Louisville drivers and Kentucky car accidents in the coming year.

It’s that time of the year.  It’s cold outside.  The Christmas decorations are everywhere.  We are all eagerly anticipating the Christmas holiday.  Children are awaiting the arrival of Santa Claus. Parents are heading to the stores trying to get that perfect gift. We have all seen “Jingle All the Way” with Arnold Schwarzenegger, Sinbad and Phil Hartman, and unfortunately that is the way the holidays make a lot of people act. Another thing that comes with the holiday season is downright stupid driving. 

I was driving down US 42 on the way to work and a car swerved over into my lane and almost ran me off the road.  I looked over only to see a teenage girl, texting on her phone, totally unaware that she had almost caused an accident.  I honked at her, which I probably shouldn’t have done. I then gave her the universal signal for “What were you thinking?” (Both hands extended in the air) She looked over at me with a puzzled look on her face and then went straight back to texting and driving.  She is a ticking time bomb; eventually she will be involved in an automobile accident. I hope no one is seriously injured.

I know inattentive driving is not limited to Christmas time. But this close call made me think that we need to be much more aware of what is happening on our roads in Louisville, Kentucky, in order to avoid an automobile accident.   There are always people that are not thinking clearly while they are driving. They text, eat, read, put on make up, and on and on. Distracted drivers are dangerous. You have seen this as you drive down the road.  I saw a bicycle on the road in this cold weather without any reflectors and the rider was dressed totally in black and it was night and pitch black.  I hope he made it home.  It would be a minor miracle. 

As we get closer and closer to Christmas, tempers are going to flare as shoppers are trying to get to the malls. We will all rush out to get that last minute gift. I urge everyone to be  extra careful during this time.  Be a little more cautious.  Take a little more time.  Try not to be in a hurry.  I know that this is a hard task, but we need to look out for the other car. If you don’t you are risking being in a serious auto accident.  You need to expect the unexpected.  Just because you have a green light does not mean the other person will be paying attention.  Look as you go through to make sure that the other person sees the red light.  You need to have your escape route planned.  Don’t let a car wreck destroy your Christmas holiday.  Be aware that people are not paying as much attention. You must pay twice as much attention to have a safe and accident free holiday season.

I was driving my 16 year old daughter to school this morning.  She has her driver’s permit and is learning to drive and is very excited about it.  She told me that there was a program on Channel 1 at her high school here in Louisville that was preempted by the school.  For those of you that are not familiar with Channel 1, it is a national news program that is shown in high schools. My daughter’s school felt that the content was too graphic.  So what does a sixteen year old do if her school tells her she can’t watch a video because it is too graphic? She gets on the computer and performs a search on YouTube and was and finds the program. 

The preempted program is a community awareness ad from the United Kingdom depicting the dangers of text messaging and driving by teenagers.  I have to admit that it was very graphic.  It showed three teenage girls driving down the road while using a phone to send a text message to a friend.  They were driving and paying more attention to the phone then to the road. Their car went across the center line and struck another car head-on. The airbags deployed.  Heads hit the windshield. There was blood everywhere. As the car came to a stop it was T-boned by another car. One girl died in the lap of the driver. 

It went on to show the families in the other cars.  There was a toddler who kept asking; “Why won’t mommy and daddy wake up?” A child in a car seat was also shown motionless with eyes wide open, obviously dead.

Although it was quite graphic I disagree with the school’s decision to pull this informational video. Teenagers who are new drivers generally have no idea as to what the real dangers that driving a car entails and how text messaging behind the wheel can affect not only their life, but the lives of others.  I don’t believe that most teenagers have a true understanding of the real dangers of driving a car. My old boss at the Commonwealth attorney’s office, Ernie Jasmine used to refer to an automobile with a drunk driver behind the wheel as a 2-ton projectile with a license to kill.  I believe he would have referred to a driver who is texting in the same way. Teen drivers need to be shown that a car is a very dangerous weapon that can kill people and change their lives forever. 

Click here if you want to watch this video.  The video is graphic, but no more graphic than what we watch on the crime shows on television.  I believe all drivers should view this.  This type of public awareness ad could help make our Kentucky roads safer and help eliminate serious automobile accidents that occur almost every day due to driver inattention.

This past weekend I was invited to help plant trees along Bardstown Road between the Showcase Cinema and Hikes Lane.  This invitation was extended to me by Cindie Cook of the Bon Air Neighborhood Association.  For those of you who are not familiar with Cindie she was friends with Jen Futrell. Jen was the cyclist that was struck and killed by a van while riding her bike home from work down Bardstown Road on October 3, 2008.

This was a tragic accident that has brought attention and outrage to the plight of cyclists and pedestrians.

The Bon Air Neighborhood Association, as a group is a big part of an effort to make the Bardstown Road corridor a tree-lined boulevard that is both pedestrian and bicyclist friendly.  Cindie Cook believes this would encourage people to stop and shop.  Also, there is a hope that it would bring new business to the area, especially the now vacant Showcase Cinema buildings.

I believe an area that is active and as busy as Bardstown Road could be a much safer place for pedestrians and cyclists and especially those that live in the area.  As I was planting trees along Bardstown Road, the amount of traffic was unbelievable. Cars were buzzing by with very little break. I know it is hard to judge speeds as you are standing along the side of the road, but I would guess that many of these cars were speeding. During my three hours on Bardstown Road I saw two car accidents that occurred within 75 yards of where I was working. I also became oblivious to the horns that were honked almost continuously.

There was very little way for people in the neighborhoods along this stretch of Bardstown Road to walk to the mall, to restaurants or to even to cross the street.  My hope is that the efforts of Ms. Cook and the Bonaire Neighborhood Association will make this area safer, limiting automobile accidents, pedestrian accidents and bicycle accidents. 

I learned from Cindy that Kentucky is currently seventh in the nation in pedestrian and bicycle fatalities.  There were 32 cyclists and pedestrians killed in Louisville, Jefferson County, Kentucky in 2008.  It is her hope that the tree plantings will add awareness to bikers and walkers, as well as being a tribute to her friend that was killed.  I applaud Cindy Cook for her focus on celebrating and memorializing the life of her friend and for trying to make the streets a safer place. I believe her efforts will save lives and prevent many serious accidents from occurring.

The City of Louisville has experienced bicycle accidents and pedestrian accidents that have resulted in deaths over the past year. These include the triathlete that was killed during an event at E.P.Sawyer State Park earlier this year as well as several young children who were hit while riding their bikes. All of these deaths are needless and my sympathy goes out to the families and friends. They do, however, help to show the need for more driver awareness of those they share the roads of Kentucky with. We need more Cindies in Louisville to help make our roads safer.