Do you get frustrating by cars creeping along in front of you slowing you down and backing up traffic? I know I do. I wait for my opportunity and pass them. I look over to give them a mean look of disgust and see an elderly driver. They will usually remind me of my 105 year old grandmother. I then get mad at myself for getting irritated in the first place. Are the elderly really that bad of drivers or am I just impatient behind the wheel? 

There have been many reported cases of injuries and deaths caused by elderly driving.  According to a Fatality Analysis Reporting System (FARS), a total of 3, 981 people ages 70 and older died in motor vehicle crashes in  2009. This was 32 percent fewer than 1997, which was the worst year on record. Why are there so many deaths in automobile accidents involving the elderly? 

Anne Dickerson, chair of the occupational therapy department and a geriatric-driving expert at East Carolina University said that older drivers are safer drivers because they’re more cautious. She goes on to say that there is a certain point in which someone shouldn’t be behind the wheel anymore.  After the age of 75, the risk of driver fatality increases sharply. This is because older drivers are more vulnerable to both crash-related injuries and deaths.  The reasons include:

• Poor judgment in making left-hand turns
• Drifting within the traffic lane
• Decreased ability to change behavior in response to an unexpected or rapidly changing situations
• Poor eyesight

These are just some of the factors that not only affect elderly driving. 

I bring this up because Thursday, March 3, 2011 at about 7:43 in the morning a tragic pedestrian accident happened to a crossing guard who was struck by a vehicle in front of the Walden School on Westport Road in Louisville, Jefferson County, Kentucky.  According to Patrolman Dennis McDonald, the School contracted the guard through a private security company. He was directing traffic on Westport Road when he was suddenly hit by a vehicle traveling at a low speed driven by an elderly woman. The guard was taken to Saint Mary & Elizabeth Hospital suffered a leg injury. No charges have been filed against the driver.

It’s sad for that incident to happen.  Was it because the driver was elderly? But let’s face it, that accident may happen also even if the driver is a teenager. Distracted driving and inexperience could have been a cause. In summation, there should be no singular age in which elderly drivers should not drive anymore.  Instead, we, including the state authorities need to find ways to create personalized programs that allow for independence as long as possible, but that also take into account safety.

New drivers are required to participate an a graduated license program which limits the hours new drivers can be behind the wheel and who can be a passenger in the car.  This is because they are learning to drive and their reactions are not as quick and automatic as an experienced driver. This is a precaution that is in place to help prevent car accidents in Kentucky.

Should a similar law be in place for elderly drivers? Once we reach the age of 75 should Kentucky require us to take a test to determine if we should have limitations on our driving or a restricted license? Right now it is just the individuals personal judgment that limits one’s driving. Put does this protect the public and prevent serious or fatal Kentucky car wrecks? What do you think? Is a restricted license for the elderly an invasion on their personal freedom or a legitimate means of preventing serious and potentially fatal car accidents in Kentucky? As for me I think the Kentucky State Legislature should explore this issue.

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.

In Kentucky if you are a pedestrian or a bicyclist that has been hit by a car or a truck you may be wondering whether or not your medical treatment will be paid for and by whom.  This is a good questions for bicycle accident victims, as well as pedestrian accident victims. As a personal injury attorney, I can tell you that in almost every circumstance your treatment for injuries sustained in a motor vehicle accident will be paid for by an insurance company.  The question is what insurance company? Is it your health insurance? Is it your car insurance? Is it the car insurance for the car that hit you?

The first place that we look is to the car that hit you, the car that caused the bicycle accident or the pedestrian accident. If the car had auto insurance their PIP benefits will pay for your first $10,000.00 of medical treatment, no questions asked, as long as the treatment is related to the accident. 

If for some reason the car that caused the accident did not have insurance we then turn to your own personal car insurance company if you owned a car.  You might think this is the last place that you should look. After all you weren’t in your car at the time of this accident. Under almost all car insurance policies your car insurance is required to pay your medical treatment from injuries sustained in an accident between a car and you if you were a pedestrian or riding a bicycle. No matter how the accident occurred your car insurance will pay as long as it was a motor vehicle accident of some sort. 

Now if the other car did not have insurance and you do not own a car you will be eligible for benefits under what is called the Kentucky Assigned Claims Plan.  This is a state run program that requires insurance companies to, on rotation, pay for medical treatment for people that did not have insurance or no insurance available to them in a particular accident.

After the PIP benefits are exhausted you will then look to your personal health insurance, Medicare or Kentucky Passport. This insurance is secondary and is not used until the $10,000.00 in No-Fault Benefits are exhausted. Your health insurance will pay under the terms of your policy for any medical bills over the $10,000.00. Your health insurance company, Medicare or Passport may be entitled to repayment under federal law called ERISA or the terms of the policy from your personal injury recovery. You should check with an attorney to determine if subrogation is required.

After the PIP benefits are exhausted you will then look to your personal health insurance, Medicare or Kentucky Passport. This insurance is secondary and is not used until the $10,000.00 in No-Fault Benefits are exhausted. Your health insurance will pay under the terms of your policy for any medical bills over the $10,000.00. Your health insurance company, Medicare or Passport may be entitled to repayment under federal law called ERISA or the terms of the policy from your personal injury recovery. You should check with an attorney to determine if subrogation is required.

The bottom line is if you’ve been in a pedestrian accident or a bicycle accident where you’ve been hit by a car you are entitled to have your medical bills paid.  So don’t hold off on getting the treatment you need to recover from your injuries.  Get the doctor and find out what’s wrong with you and get better. This will enable you to achieve the best result possible in your bicycle accident or pedestrian accident case. 

         Bicycle accidents and pedestrian accidents that happen in Kentucky pose different questions and different answers for the accident victims. Bicycle accident victims and pedestrian accident victims come into my office after being hit by a car and have suffered serious injuries. They wonder if they have a case. They’ve been hurt and they want to recover for their injuries.

        What happens if the car that hit them did not have insurance? Can the bicyclist or pedestrian be compensated for injuries they suffered in the accident through no fault of their own? There can be a recovery even if that person didn’t have insurance or they don’t have assets sufficient to pay for the injuries that they caused by their negligent actions.

As a personal injury attorney, I will look at the insurance policy of the person on the bicycle or the pedestrian to see if they have what is called your uninsured motorist coverage (UIM). This is coverage on your own car. UIM will pay for your pain and suffering in a pedestrian or bicycle accident if for some reason the car that hit you did not have insurance. Most people have no idea that their own car insurance will give those benefits under this situation.

You need to make sure that you have this coverage on your own car insurance policy, make sure that if you are hurt in an accident like this that you will be covered!

Your PIP will also pay for the first $10,000.00 of your medical bills. This happens even though you were no where close to your car.

I had a client a few years ago that was on a moped and on her way to work. She was injured by a car that ran her off the road and then took off. We never found the car and have no idea who the person was that hit her. She had very serious injuries. Her leg was broke and required two surgeries, pins and rods were inserted. There was a year of recovery. We were able to get a recovery for her by looking to the UIM on her car. This was from her own car insurance company, even though she was not driving that car at the time and she was on a moped.

You need to look seriously toward your insurance company in these situations. Give your personal injury attorney something to work with. If you are not sure if you have this coverage call your insurance agent and ask. For more information on Uninsured Motorist Coverage follow this link to get a free copy of my book “What You Don’t Know About Buying Car Insurance Can Hurt You.”

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.

Pedestrians and bicyclists beware! The Smart Car could get you. A problem has arisen with the national trend toward the development of electric cars. Electric cars make very little sound. That is a good thing for a driver and a passenger trying to carry on a conversation, but a potentially dangerous situation for pedestrians and bicyclists. Bicycle accidents and pedestrian accidents can be deadly.

The goal of the manufacturers of electric cars has been to develop and make them as quite as possible, as if the occupants were riding on air. This lack of noise and quietness can be extremely dangerous for those who depend on the noise of a car to avoid an accident. When I am out on the road riding my bicycle it is hard for me to hear an electric car until it is right up on me and passing me. It is as if it appeared from no where.

My wife has had the same experience while she is out walking for exercise. She trains for walks as long as 26 miles. I have heard her complain of cars sneaking up on her. This can be dangerous for all concerned. It is just as dangerous for a pedestrian crossing the road at a crosswalk. If a car making a turn and coming around the corner it is out of the sight of the pedestrian. The likelihood of an accident is increased if the pedestrian is not able to hear a car coming. I suspect that this is an even greater problem for the visually impaired.

Engineers are developing ideas to equip electric cars with artificial noises. Maybe in the future you will be able to pick the sound your car makes as it goes down the road much the way you now pick ring tones for your cell phone. I might pick a Jimmy Buffett song for my car.

At a meeting this September Nissan presented several proposed sounds to the National Highway Safety Administration. These artificial noises included:

·        The Chime

·        The Melody

·        A Futuristic Whirl

Congress is looking into legislation that would require vehicles to give “non-visual” warnings to pedestrians. There is a divide as to whether these sounds should be added to the electric car.

I believe adding sounds to an electric car will help to prevent some serious and deadly automobile accidents involving pedestrians and bicycles. This is especially true in the city. Without some sound coming from a car a bike or a pedestrian has very little chance of avoiding a serious accident.

Several years ago I was waiting for the light to change so I could cross. I was standing at the corner of 5^th Street and Muhammad Ali Blvd. I had my mind on a court hearing I was headed to. As the cross walk sign changed from “Don’t Walk” to “Walk” I put my foot over the curb and stepped into the cross walk. As I was doing this I heard a loud noise and instinctively stepped backed as a bus roared by me as it ran the red light. I was very close to becoming a hood ornament. Without the noise the bus made I am sure I would have been.

There are sounds on crosswalks and in elevators. Putting a noise or warning system on electric cars seems like a no brainer to me. It will make Kentucky roads safer and give bikers and walkers a chance at avoiding a serious car accident.

The city of Louisville has announced a new community awareness campaign called “Street Sense” with the hope of making our streets safer for bicyclists and pedestrians. The premise is we all share the same roads and should work together to make our Kentucky roads safer for everybody. You will see billboards on the side of the highway , at bus stops and on buses. You will see television spots and web videos. Even the good old fashion print ads will be part of this campaign.

The premise is to educate the public and make everyone more aware of the different ways of traveling on our Louisville roads. The Street Sense website has statistics and safety tips. Statistics automobile/bicycle accidents and automobile/pedestrian accidents include:

• Three  cyclists were killed and another 118 were injured in Metro Louisville in 2008 .

• Twenty-one pedestrians were killed and another 353 were injured. In 2008 locally.

This doesn’t count what has happened this year and in past years.  John Carr was the seventh bicyclist killed in Louisville within the last three years. This was at the Triathlon event at E.P Sawyer State park despite the presence of many other cyclist, cones and off duty police. Kenneth Yates has been charged with drunk driving and murder. In 2005 a drunk driver struck and killed, Charles Barfield, a cyclist on Bardstown Road. The driver was charged with Drunk Driving and Murder. He later plead guilty to Manslaughter in the second degree.

During this same three year period there have been a reported 482 accidents involving bicycles and motor vehicles. I am aware of several in the past month that have resulted in serious injuries that are not reported in the news. This doesn’t take into account the thousands of close calls that have occurred.

There are also tip sections for motorist, bicyclists and pedestrians to make the roads safer. Any serious cyclist will acknowledge that those of us that ride bicycles are not perfect and are the cause of some accidents and some near misses. Unfortunately, when you have the car you will win against a bike. It is up to you to protect the 10 year old boy that is pedaling to a friends house. It is up to you to make sure the mother makes it home to her daughter after a long walk. Respect for others is not a dirty word.

There are many drivers that are openly hostile and aggressive against anyone on a bike. I saw that in comments to a Courier-Journal article. I quote; “Those goofy helmets and spandex shorts are enough to make anyone want to run you down…lol”Not at all  funny and a sad reflection on the attitude of a few people towards bicyclist and runners.

I have been buzzed so close  by a septic truck that I have ridden into a ditch. The person driving thought it was funny to come up behind and get as close as possible and lay on his horn. Not humorous at all from my perspective. I have had Mountain Dew cans thrown at me that thankfully have missed.. It doesn’t take a law degree or a High School Diploma to figure out that these are dangerous activities. It is plain old common sense what you should do and not do on the road.

Most of the Street Sense tips are common sense and you should know them from taking your driver’s test. Unfortunately common sense doesn’t always prevail when we are driving. Abramson says “all we can do is educate and inform.” I agree, but let’s take it one step further and respect everyone on the road.

I might no look great in spandex bike shorts, but do I deserve to be hit? As a cyclist I have the right to ride in the middle of the road, but shouldn’t I be respectful of the cars that are stuck behind me? Give them as much room as possible so they can get by and you can be safe. Check out www.louisvilleky.gov/StreetSense for some great tips. It is a great review whether you are a runner, a walker, a bicyclist or a motorist. Learn what others on the roads are doing and turn your common sense into Street Sense. It will save lives!

It is spring time and bicycles, scooters and walkers are everywhere. Unfortunately there are going to be accidents. One of the questions that people have is who is going to pay for my medical bills and injuries if I am in an accident where I am hit by a car while on a bike, scooter or walking down the street. There are several insurance policies to look toward for payment.

First, let’s look at payment of medical bills. Personal Injury Protection or PIP applies. You first look to the insurance of the car that hit you for PIP benefits that insurance will pay for up to $10,000.00 of medical bills and loss wages. If the car that hit you does not have insurance you would look to your personal car insurance policy. I know you weren’t driving your car, but the PIP Benefits will still apply and pay your medical bills. It is secondary to the at-fault car. Your insurance company will attempt to collect the money they pay for medical bills back from the person that hit you if they choose. If you do not own a car and do not have car insurance you will submit your bills to your health insurance. If you do not have health insurance you may be eligible for the Kentucky Assigned Claims Plan.

Now what about pain and suffering? Do you have a case for personal injuries if you are hit while on a bike, scooter or walking? YES! You will sue the person that hit you. If they have insurance you will deal with their insurance company. If they do not have insurance you would look to their personal assets. Should they have no assets do not give up. You should look to your own car insurance and your uninsured motorist coverage. Even though you were not in your car this coverage may be available to you and pay you for your pain and suffering for your injuries. You need to contact an attorney who is familiar with these claims so he can take a look at your policy. Depending on the policy language you may still be able to recover damages. The point is, don’t give up. Look at all available coverage to make sure you are compensated.

Summer is right around the corner. The weather is beautiful in Kentucky this time of year and this means that there are more pedestrians, bicyclists and motorcycles on Kentucky roads. When you are out driving and enjoying the weather be extra careful. Don’t be distracted and pay attention to what and who is on the road. This small change in your attitude could safe someone’s life.

Seattle Accident Attorney blog by attorney Chris Davis outlines an interesting program by the Seattle Police Department that I think more cities should embrace. I believe this program and police efforts will save lives. According to Davis, the Seattle Police are starting a program of “sting” operations to catch drivers who don’t stop for pedestrians. The police will be using live decoys. The pedestrian decoy will approach a cross walk and monitor a driver’s response. This is a great idea. I hope we see a similar operation in Louisville, Kentucky by the Louisville Metro Police Department.

Pedestrian accidents can be devastating. They can also be difficult to prove unless witnesses come forward. When a car collides with a person in the crosswalk or on the side of the road the results are almost always life changing. I know that there is a duty on the pedestrian to watch out for a car and many times the accident may be their fault. If a pedestrian is crossing outside the cross walk they may be partly to blame. If a child chases a ball into the street you may be to blame. Don’t take the chance. Slow down and watch out for pedestrians this summer. A crosswalk sting may be coming to a city near you.