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.

Most people become more forgetful as their age increases. We tend to forget important events (hopefully not an anniversary or a birthday), even significant information. A whole industry has evolved around this problem.  There are vitamins and food supplement that say they can improve memory. There are ongoing studies that are looking for the answers as to how to keep and boost our memories. The opposite problem exists for those who have been in serious injury car and truck accidents.  How do they forget?  Can it be possible to forget painful experiences?

Research shows that any pain lasting more than a few minutes leaves a trace in the nervous system. New research and developments in the study of the brain have developed a technique to help trauma patients wipe out unpleasant memories. A protein enzyme called PKMzeta has been found to be absolutely necessary for storing memory. Adding more of this protein in the brain can strengthen even faded memories. New linkages are held together by this protein enzyme when a memory is formed. Researchers found that by blocking PKMzeta activity, the unpleasant memory will cease to exist.

This leads to a whole set of questions that I am not sure I want to address. In the past, we couldn’t choose what to forget or remember. In the future we may have the power to make an alteration to our memories can be beneficial to those injured in accidents and have post traumatic stress syndrome.  Blocking these painful memories may allow those suffering from serious car accident victims to finally have a way of getting rid of the memories and painful nightmares. This will be life changing.

Over 500,000 Large Truck and Commercial Vehicles were involved in accidents in the United States in 2010. Over 100,000 people sustained serious injuries in those accidents. Tragically over 5000 people died in these accidents according to the Insurance Institute for Highway Safety. Semi trucks referred to as “80,000-pound unguided missiles” by Transportation Secretary Ray LaHood, present a significant danger to all drivers and passengers on highways and roads in America. These risks are greater when truck drivers involve themselves in distracted driving or drowsy driving.

There have been many reported accidents caused by a distracted truck driver. One tragic incident happened in 2010 in Hart County, Kentucky.  The use of a cell phone brought about tragedy for a family and friends in a van. The National Transportation Safety Board (NSTB) during the investigation of the fatal accident found out that the truck driver had used his cell phone 69 times in the 24-hour period before the accident. This includes one phone call at the time of the accident. NTSB concluded that a distraction caused by using a cell phone led to the fatal accident.

The NTSB recommended that cell phone use, including talking on both hand-held and hands-free technologies, be banned for commercial drivers excluding emergency situations. Since the NTSB do not have the power to implement the ban, its recommendation could be a spring board for federal rule-making agencies and state legislators to act.

Authorities are also trying to make sure that truck drivers get enough rest so they won’t be fatigued while at work. The Federal Motor Carrier Safety Administration (FMCSA) is in the final stage of changing the rules about hours-of-service regulations. At present, drivers have an allowable 11 driving hours in a day, changing this rule would limit drive time to 10 hours per day. The proposed rules mandate that drivers take at least 1 hour of break time during the day. Proposed modifications would also require drivers to include two overnight periods before their workweek would restart.

As a personal injury attorney, accidents involving semi trucks are often tragic and result in death, expensive medical bills or long-term rehabilitation. Both of these changes will defiantly save lives.

The National Transportation Safety Board (NTSB) recommended that government should ban truckers from using cell phones, either hand-held or with hand-free device while driving except for emergencies.

This statement was made after a Kentucky crash on March 26, 2010, when a truck driver, Kenneth Laymon for Hester Inc., crossed a 65-foot median on the Interstate 65, went through a cable barrier, and hit a passenger van carrying 12 people.  11 people were killed including Laymon. Investigators found out that Laymon had been talking on his mobile phone 69 times while driving, including 4 calls minutes before the fatal accident.

Due to the increase in the number of accidents over the recent years, NTSB has made recommendations to ban cell phone use involving commercial drivers.  It started in 2002 wherein an accident occurred and the Board released a statement that banned cell phone use by rookie drivers.  This same ban was pushed on bus drivers in year 2004.  In 2008, cell phone ban was placed on commercial railroad and marine transportation operators.  In 2010, commercial drivers are banned from texting while on the road.  Now, they are considering a ban on the country’s 3.7 million commercial drivers from talking on cell phones.

According to U.S. Transportation Secretary LaHood, “It’s just too dangerous.  It can be especially lethal when the distracted driver is at the wheel of a vehicle that weighs 40 tons and travels at highway speeds.”  He stated in the DOT Web site, “Every time a commercial truck or bus driver takes his or her eyes off the road to use a cell phone, even for a few seconds, the driver places everyone around them at risk.”

A legislative or regulatory ban on texting for all drivers has already been recommended in 2009 and all hand-held phones be banned for all drivers, including truck drivers in February this year.

There should be a federal law banning cell phone use for all drivers, Secretary LaHood adds.

I argue.  Trucks and other commercial are more difficult to stop and maneuver.  Your time to react takes longer.  Distractions such as cell phones have no place in commercial vehicles.  A ban on cell phone use will prevent serious injury truck accidents in Kentucky and across the United States.

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.

About 10 percent of highway fatalities involved large trucks. Fatigue is considered as a major cause of highway fatalities involving these large trucks.  A recent government study states that in 13 percent of truck accidents, fatigue is considered as a factor. The government and other associations have been struggling to find a solution to this safety problem and to help prevent serious injuries and deaths from tuck accidents.

There is a proposal by the Department of Transportation to mandate electronic onboard recorders to track driver hours behind the wheel. Truck drivers and truck companies have different views on the issue. Can electronic onboard recorders solve the safety problem?

 When this proposal is made law, truck drivers will be required to have a high tech box hooked up to truck’s engine to automatically record driving hours. The device would be a new way to record how well truck drivers followed the federal limits on driving hours that exist to keep dangerous tired truckers off the road.

Since 1930s, driving restrictions have existed.  Drivers record their driving hours in daily log books. Truck drivers can work no more than a 14-hour stretch and only 11 hours can be driving hours. Safety advocates have debated that handwritten logs can be forged.

Advocates for Highway and Auto Safety in Washington, D.C. stress that tired truckers are a major, major safety problem. For more than 15 years, the group has been recommending to the government all truck drivers should be required to have electronic onboard recorders. Putting an electronic monitor in a truck can cost from $1,500 to $2,000.  Purchasing paper log books at truck stops are as low as $1.49.

The electronic device are becoming highly popular since aside from tracking driving hours, it can track a truck’s location and let dispatcher communicate with a driver. The multipurpose devices were designed to assist trucking companies in becoming more efficient.

Just this Month, the American Trucking Associations, which represents thousands of trucking companies, followed by the National Private Truck Council, have endorsed the federal government’s proposal to mandate electronic onboard recorders.

The addition of these black boxes to all tractor trailers can only make our Kentucky roads safer and prevent serious truck accidents. From my perspective as a Kentucky personal injury attorney $2,000.00 is money well spent if it prevents one life that could be loss in a catastrophic truck accident.

The Highway Hero Award was founded by Goodyear in 1983. The award recognizes professional truck drivers who perform life-saving rescues and roadside assistance to stranded motorists or those involved in a truck or a car accident. Often times these heroic deeds are left unnoticed. I applaud Goodyear for recognizing these heroes.

As a Kentucky personal injury attorney I speak to accident victims who could have used such a hero. Often times a witness leaving their name and phone number can make the difference in a successful outcome to their Kentucky automobile accident case. Last week I spoke with a lady who was hit by a car that ran a red light. Two people saw the accident and stopped to help. Unfortunately they left before the police arrived. Now the at-fault driver says that they had a green light. The case is a swearing contest. If the witnesses had left their contact information there would be no liability dispute. Simple heroic act can make a big difference in another’s life.

Here are the four professional truck drivers’ finalists for the 28^th annual Goodyear North America Highway Hero Award:

• Jaime Avitia, of El Paso, Texas is a driver for Stagecoach Cartage who witnessed a one-truck accident wherein the driver was in the back seat of the crew cab without a pulse. Avitia administered CPR until the man was revived.  He applied a towel and gauze to the man’s bleeding head and kept him comfortable. 
• Tilden Curl, of Olympia, Washington is a driver for Tecco Trucking who saved the life of a driver whose car went out of control and stopped on railroad tracks that run parallel to the highway. He was able to drag the driver out of the car seconds before a train collided with the vehicle.
• Bill Howard, of Litchfield, Nebraska is a driver for Howard Transportation who saw a car that crossed the center line and struck his rig.  He saved the life of a female driver who suffered life-threatening injuries, including a nearly severed arm, two broken legs and injuries to her face and head.  He kept her from bleeding to death until firefighters arrived.
• David Nelson, of Orlando, Florida is a driver for Werner Enterprises who was stopped by a woman who had just lost control of her vehicle and hit a road sign.  He found her 7-year-old daughter inside the car and not breathing.  He performed CPR until the child began breathing and emergency personnel arrived.

Joseph Copeland, the vice president for commercial tire systems for The Goodyear Tire & Rubber Company stated that these four individuals represent the thousands of professional truck drivers who work every day across North America. I applaud these brave American heroes who helped to rescue and save the lives of strangers who were in life-threatening peril. They all are winners in my opinion.

Journalists from the trucking industry are now voting on the finalists who will be announced and featured March 31 at the Mid-America Trucking Show in Louisville, Ky.  The winner will receive a $10,000 U.S. Savings Bond, a plaque and a specially designed ring.  The other finalists will receive a $5,000 U.S. Savings Bond and plaque.

            We all watched our televisions sets with horror and grief for the families of the victims in the Hart County truck accident earlier this year.  Could anything have been done to prevent this accident? This question has been on my mind since I saw the first news broadcast. As a personal injury attorney this question comes to mind every time I see an accident. 

We now know from federal investigation that it was a distracted truck driver that caused the accident. The truck went through the median and slammed into a van traveling in the opposite direction.  Fatigue may have been one of the factors. Distracted driving has also been suggested as a cause. 

Is it time for the trucking industry to get rid of the antiquated paper log.  Is it time to get rid of a system that is easily manipulated for profit by the trucking companies?  These logs can be and have been manipulated by the drivers on many occasions, allowing them to drive more hours than they should. 

There are now electronic logs that are available.  Trucking companies have different opinions on the effectiveness of electronic logs and whether money could be spent better in other areas to prevent crashes.

Ben Bauman, President and CEO of Bolt Express is all for the new federal rule mandating electronic onboard recorders for serious violators. Bolt has tested the system in five of their trucks and the majority of drivers like the system.

Doug Duncan, President and CEO (retired) of FedEx Freight has been a great supporter of electronic logs. He believes they are a way to boost efficiency and increase safety on our nation’s highways. FedEx Freight is in the process of implementing electronic on-board recorders in all its tractors. They will be operated through an on-board computer designed by the company and be part of a communication system.

Tom Voelkel, President and Chief Operating Officer of Dupre Logistics began testing electronic logs in the beginning of 2006. They were installed in its entire fleet in  2007. “The benefit most commonly reported by our drivers is the ease of using the system,” reports Voelkel. “Our professional drivers are happier because it allows them to focus on their driving without the many complications and wasted time of having to keep a paper log.”

Jim Burg, President and CEO of James Burg Trucking believes it is important to invest in safety. By doing this there will be less expense, fewer claims and a fewer number of accidents. Burg has already installed roll stability and lane departure warning technologies and video event recorders. Money invested in safety technology should be with proven safety benefits, such as forward-looking collision avoidance systems. Burg is not sure that electronic onboard recorders will automatically cut crash rates.

I believe that if these electronic logs are placed in all trucks throughout the United States that the percentages of truck accidents will go down. Fatal accidents occur on our roads almost daily. 10 percent of fatal accidents are caused by trucks nationally.  It’s time for the trucking industry to use the technology that is available and update their systems to make Kentucky highways safer for me and you. 

What does a personal injury attorney really do for you?  What do you get by hiring an attorney to represent you in your automobile or truck accident case in Kentucky?  There are hundreds of things I do for clients on a daily basis.  These range from basic filing and record collecting to interpretation and application of the law to the case at hand. I prepare clients to give statements. I obtain paperwork to send to the insurance company. I prepare forms. I am involved in negotiating settlements with the insurance adjuster.  I educate clients on the process involved in a personal injury case. I collect medical and employment records. The list goes on and on.

Let’s cut to the chase. What a personal injury attorney really does is take care of everything that happens behind the scenes so you can concentrate on what really matters in your case and that is getting well. You can go to the doctor and recover from your injuries. You don’t have to worry about dealing with the insurance adjuster. Your attorney is doing it for you.  While you are recovering your attorney is behind the scenes collecting information, doing the daily grunt work to get everything together to properly present your case to the insurance adjuster to maximize your potential settlement.  If the case is not able to b settled this ground work allows the case to be properly presented to a jury.

Many times you might be wondering what your personal injury attorney is really. Behind the scenes he is in the process of collecting and gathering information to properly present your accident claim.  So what a personal injury attorney really does is allow you the freedom to take care of your daily life to get better while he takes care of the technical aspects of your accident claim. This allows you to be fairly compensated for your injuries either through a settlement or through the litigation process. 

Here is what The Schafer Law Office will do for you if you are a Kentucky accident victim we represent:

• Educate them on the personal injury claims process and the litigation process.   
• Obtain all written records and documents that are needed to develop and support their claim. This includes, but is not limited to, medical records, the police report and employment records. 
• Conduct an investigation of the facts surrounding the accident. I will obtain witness statements, photographs, diagrams and other physical evidence. 
• Review your automobile insurance policy to determine what coverage is available to you to compensate you for your damages, like medical, hospital and wage loss benefits.  Additionally, uninsured/underinsured motorist coverage is looked at to see if they are applicable to your accident. 
• Review the medical records from your doctors and meet with them when necessary. This can be done in person or telephonically. 
• Retain experts and then obtain reports when needed to support your claim for damages and/or liability. 
• Analyze legal issues and advise on those issues as they arise in your case. 
• File the necessary forms with the at-fault insurance company and the clients own insurance company, including PIP applications. 
• Analyze your health insurance policy and/or governmental benefit plan (such as Medicare or Passport) to determine whether any money paid by that policy is required to be reimbursed. 
• Contact and maintain contact with the insurance company about your claim to help ensure adequate reserves are set aside for the potential settlement of your claim. 
• Conduct negotiations with the insurance adjuster in an attempt to settle your claim, before litigation.   
• When a lawsuit has to be filed, I will prepare and draft the Summons and Complaint to be filed in Court. 
• Confirm the address of the Defendant for personal service of the Summons and Complaint. 
• Draft written questions for information from the other side (called Interrogatories and Requests for Production of Documents). 
• I will help you respond to interrogatories sent by the defendant.                 
• I will prepare you for your deposition. 
• Prepare for and conduct the deposition of the Defendant and any other witnesses that are necessary. 
• Meet with your doctors to prepare for their deposition whether it is a defense deposition or their trial deposition. 
• Prepare and take the deposition of the Defendant’s experts, including medical experts. 
• Prepare you for a medical examination by the Defendant’s doctor, called an Independent medical Exam. 
• Review your medical records and billings. 
• Hire experts to support and prove your claim when necessary. These include other physicians, economists, engineers, vocational experts, etc. 
• Review and analyze expert reports about your case. 
• File all documents in Court as required by the Judge’s Trial Order, including witness lists, exhibit lists, trial memorandum, jury instructions, motions in limine, etc.   
• Meet with and prepare you and other witnesses for trial. 
• Create and prepare exhibits for trial. 
• Organize records and other documentary evidence intended to be introduced at trial. 
• Prepare for mediation when ordered by the Court or agreed to by the parties. 
• Research and write briefs and file motions with the Court when required.  
• Perform or participate in mock trials or focus groups to prepare for trial when deemed necessary. 
• Try the case before a judge or jury. 
• Write briefs or motions following the verdict to obtain post-trial relief, including motions for attorney fees, or to overturn the verdict. 
• Analyze the trial record to determine if an appeal is warranted (if the trial is a loss). 
• Research and write briefs and motions if appeal is filed. 
• Negotiate subrogation claims asserted by client’s insurance company or governmental agency that provided benefits to client.

          What is cyber sleuthing? What does it have to do with a Kentucky accident victim?  Everybody has heard of Facebook, MySpace, and Twitter.  You are living under a rock if you haven’t.  What’s does social media have to do with your Kentucky car, motorcycle, bicycle or truck accident case?  If you have been injured in a Kentucky car wreck you need to be very careful with what you post on your Facebook or Twitter account, or any social media for that matter.

            Why? We have all heard the stories of professional athletes getting in hot water for their twitter posts.  We know employers check out your social media profiles before they hire you for a job.  Insurance adjusters do the same thing. If information is available on the internet that will help the insurance company defeat your Kentucky accident claim the insurance company will try to find it.  A cyber sleuth will look every where.  An insurance adjuster will search social media sites to see what information they can find to see pictures of you having a good time. Doing things you said you were unable to do because of your injuries in the auto accident. They will look for videos of you bowling, golfing or mowing the grass. They are looking at the dates of those pictures and videos. They are finding out who your friends are so they can interview them. Why are they taking the time to look at all of this?  To see if there’s something the insurance company can use to decrease the value of what they’re going to have to pay you for your accident claim.

            I have a friend, Chris Davis, who is a personal injury attorney in Seattle, Washington.  He had a client post a video of himself snowboarding.  That video on Facebook was seen by the insurance adjuster, down loaded and .  The insurance adjuster  lowered the offer $20,000.00 because he saw him making a jump on a snowboard. The post cost him thousands of dollars. Maybe it was harmless, but the perception was that he had fully recovered.

             Be smart. Use your common sense. If you’re going to post on Facebook, MySpace or Twitter, make sure your privacy settings are not public, that your private information is protected and access to your profile is limited. Don’t let anybody view your profile and your personal information unless they are your friend. 

              Make sure you know who ALL your friends are. If you don’t your friend could be the kid of the insurance adjuster on your case.  If you’re going to post Facebook be careful. Be smart about what you’re posting.  Don’t post anything that you would not like to see read in the paper the next day. By using common sense and remembering this you will help your personal injury attorney get you the best settlement value in your Kentucky accident case.