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?

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.

At a busy San Francisco Intersection of Market and Castro streets before 8 a.m. March 29, 2012, a 71-year old pedestrian, Sutchi Hui, of San Bruno was hit by a cyclist. Both the cyclist and Hui were hospitalized after the accident. The cyclist was released with minor injuries. However, Hui remained hospitalized and passed away on Monday, four days after the accident.

The evening of the accident, a comment was posted on the Mission Cycling Club Forum. Chris Bucchere identified himself as the cyclist responsible for the crash.   The message was detailed describing his early morning ride from San Francisco to the Main headlands and back. Part of the message reads:

“The light turned yellow as I was approaching the intersection, but I was already way too committed to stop. The light turned red as I was cruising through the middle of the intersection and then, almost instantly, the southern crosswalk on Market and Castro filled up with people coming from both directions…I couldn’t see a line through the crowd and I couldn’t stop, so I laid it down and just plowed through the crowded crosswalk in the least-populated place I could find.”

“I remember seeing a RIVER of blood on the asphalt, but it wasn’t mine. I really hope he ends up OK.”

Readers of the blog forum commented on the alleged actions of Bucchere. People have different reactions on the reckless riding of Bucchere. The post was ended like this, “In closing, I want to dedicate this story to my late helmet. She died in heroic fashion today as my head slammed into the tarmac… The moral of this little story is: WYFH.” Commenters expressed their reactions in this troubling statement.

The case is still under investigation and I do hope that the responsible person of the bicycle accident must be held accountable. Bicycling can be fun and is a popular way to get around San Francisco, however, every rider must take into consideration his safety and most especially the safety of pedestrian. In most incidents, bicyclists are not at fault, but from what I see this case may be different. In Kentucky, Hai’s estate would be able to file a wrongful death action against Bucchere and collect damages from Bucchere’s car insurance policy under motorist circumstances. The estate would also be able to make a claim under Hui’s car insurance policy. I would strongly suggest that the families contact the best California personal injury attorney they can find.

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.

There are lawyer and medical referral services in every state. They are created to assist accident victims in their treatment, claims and recovery. Many have questioned their credibility asking whether they offer reliable service or are just a for money-making business? What is the truth?

In Florida, complaints about lawyer and medical referral services prompted the Florida Bar and lawmakers to consider new regulations. Critics have said, that accident victims are lead to believe that after being involved in a car accident that they will receive $10,000. The truth is this is for medical bills only and they could be left with thousands of dollars in medical bills on top of it.

One example is Jazmil Rodriguez who was rear-ended in Orange City last year. She phoned a medical and lawyer referral service to help her. She later realized that she was deceived. She was told by a paralegal that she must be treated before she could meet an attorney. She was then treated for 10 days straight. After that her treatment consisted of three to four times a week for two months at a specific pain clinic. After her treatment, she was told that her therapy used up her $10,000 of personal injury protection benefits and she still has to pay nearly $5,000.

A special Florida Bar committee is investigating lawyer referral services. The bar considers proposals that would restrict lawyers from participating in for-profit referral services and would require lawyers to disclose their relationship with the referral service to both the bar and the clients. Such recommendations will be presented to the State Board of Governors in May.

As a Kentucky personal injury attorney, I believe that a lawyer must provide a complete, fair and impartial advice to his clients. If they are relying on referrals for such a service are we able to give impartial advice to an accident victim? I believe accident victims should be informed of all relationships.  The way the injured accident victims can make an informal decision that is best for them and only them.

Cell phones, blue tooths and even T.V. sets are in almost every car on the road, these are all forms of distracted driving.  Cell phone manufacturers and auto manufacturers have developed devices that may help alleviate the problem of driving distraction. The issue is safety on the road. Distracted driving is a dangerous behavior that has caused and will cause more serious car accidents. Most people ignore the distraction while driving despite the known risk.  It is too late when they have a car accident.

A driver talking to a passenger is distracted.  When a driver is driving while using a cell phone, his vision and reaction time are compromised by the brain’s mental images of who he is talking to. He is cognitively distracted.

A University study, cited by David Teater, Senior Director of Transportation Strategic Initiatives for the National Safety Council states that by using magnetic resonance imagery (MRI), as much as 37 percent of the brain’s resources can be diverted from driving while conversing on a phone.

A single source can turn off a driver’s mental images and can let him turn his head and mind to the sound. One solution could be the use of a magnetic resonance device installed in cars that would measure brain activity. A driver would be warned once a distraction occurs. If the warning is ignored, the conversation would be terminated. In other words the call would disconnected.

Another suggestion is to require hands-free users to install devices that indicate their cellphone is engaged to other drivers on the road. These devices include several small, flashing, yellow warning lights that are visible from all sides. Law enforcement can act if the phone user is driving in a distracted manner. In this way, the people around can be warned to be cautious in the presence of these distracted drivers. This would also make it easier for police to enforce those no texting laws.

The release of new devices and gadgets will keep coming. As a personal injury attorney, I am not sure any of these are the real answer.  A total ban may be the only solution. Is this idea to close to Hal from 2001:A space odyssey? Are we that personally unresponsible as a society that we need this technology to restrict our use of cell phones and other gadgets while behind the wheel?

• loss of consciousness;
• dilated or unequal pupils;
• dizziness;
• vomiting;
• headache;
• body numbness;
• slow breathing rate; and
• paralysis

Speeding is still a problem that causes injuries and fatalities on the road. Highway safety leaders from many States in America recently gathered to develop a strategy to combat speeding. Several states have implemented changes in maximum speed limits and speeding fines. However, 10,530 people died in speed-related crashes in 2010. Fatalities related to speed rose 7%! In this same time period the non-use of seatbelts has been lowered to 23%. Drunk-driving deaths in motor vehicle accidents have dropped 3% since 2000.

In Kentucky, the speed limit has been increased to 70 mph on specific parts of interstate highways.  This was done after engineering and traffic investigation into the issue. According to Barbara Harsha, executive director of the Governors Highway Safety Association; “There hasn’t been much done at the state level or the federal level on speeding” since 2005. There is limited use of automated speed enforcement and with limited funds for road and safety promotion and education, there are fewer law enforcement personnel to handle the job.

The posted speed limits in several states are the law but most people disregard it according to Harsha. On the other hand, the National Motorist Association, the group that was initially formed to seek repeal of the 55-mph national speed limit sees it differently. Director John Bowman says that the roads have never been safer. Bowman also says that NMA favors a national effort to set speed limits based on sound traffic engineering principles and more public education on safe driving practices, especially lane courtesy, in which slower traffic keeps right. The GHSA recommends states address speeding with aggressive driving crackdowns, targeted enforcement in school and work zones and a national, high-visibility enforcement and education campaign.

As a personal injury attorney, I have come across several cases of injury contributed by driver speeding. I agree that it would be of great help to strengthen enforcement of speed limits and increase people’s awareness on safe driving. It is also necessary for all drivers to be responsible on the road, following traffic rules and driving in proper behavior. Which side of this issue are you on?

We see big trucks everyday on Kentucky roads – dump trucks, delivery trucks, eighteen-wheelers and other large freight carriers. We get mad at them. We use choice words. They seem to be everywhere. Trucks cause big accidents with an impact that can result into a devastating catastrophe.

On average, there are 5,061 fatal accidents involving trucks every year.  Trucks are said to be 3 times less likely to be in an accident than a regular motor vehicle.  In reality, not only do truck drivers need to be aware of the special circumstances presented by the large vehicle they are driving, but other drivers need to use caution and understand the different way they are driven.  In fact, statistics found that more than 80% of those accidents are the fault of the non-commercial driver.  And only 16% of all truck driving accidents are due to the truck driver’s fault.

What is the truth about the dangers of trucks? Do they really cause fatal accidents? I ran across an infographic about truck accident fatalities from 2004 to 2008. This visual really makes it apprarent how really dangerous trucks are. The statistics show the number of truck accidents have decreased.  5,313 truck accidents were recorded for 2004 and is down to 4,352 accidents for 2008.  Of those fatal accidents only 1.6% of trucking accidents involved fatigued drivers. Drinking while driving a truck accounted for 3.1% of those accidents and 1.2% for drivers who were under the influence of drugs.

As a personal injury attorney, I am happy to hear of the decreasing number of accidents on our nation’s highway.  Since accidents are inescapable, continuous adequate training as to driving technique, safety concerns, and defense driving should be given to our drivers.

Twenty elite drivers from Kentucky are among the 1,235 newly inducted worldwide into the Circle of Honor as announced by UPS February 23, 2012. The Circle of Honor is an honorary organization for UPS drivers who have achieved 25 or more years of accident-free driving.

There are 5,842 active UPS drivers who are members of the Circle of Honor throughout the world. Kentucky is proud to have 101 active UPS drivers that are members of the Circle of Honor. Kentucky’s senior safe driver, who has 42 years of accident-free driving under his belt, is Cleveland Francis of Louisville. He is the fifth placer of best safe driving record among UPS’s 102, 000 drivers. Here is the list of Circle of Honor drivers in Kentucky.

In the company’s history, this number of new inductees is the largest increase in new members in a single year. Zachary Scott, president of UPS Ohio Valley District, is proud of these men and women. He stated, “To go at least a quarter century without an accident is a testament to the pride they take in their work and to the training they receive. My thanks go to all of them for the countless lives they’ve saved.”

UPS’s 102,000 drivers are among the safest on the roads. It records to have more than 3 billion miles a year and averaging less than one accident for every million miles driven. This is good proof that the company has given much importance to the safety and training of their drivers. UPS was founded in 1907, issued its first driver handbook in 1917 and began recognizing safe drivers in 1923. Last year, UPS invested $175 million on safety training and employs its own comprehensive driving course called “Space and Visibility” which will teach UPS drivers safe driving methods.

As a Kentucky personal injury attorney I applaud the efforts of UPS. We could all learn a lot from their efforts that have decreased the number of serious injury car accidents in Louisville and around the world. I am proud that they call Louisville home. With their stellar record our new drivers could learn something from the UPS program.