Who do you think are the safest drivers on the road:  Seniors or teens?  Let’s compare the motor vehicle accidents and fatalities statistics of senior and teen drivers from the National Highway Traffic Safety Administration (NHTSA) for the year 2009.  About 5,288 people age 65 and older were killed and 187, 000 were injured in traffic crashes during that year.  They made up 16% of all traffic fatalities and 8% of all people injured in traffic crashes.  Young drivers, ages 16-to 19,-years old have the highest average annual crash rate of any other age group.  Around eight teens died each day from motor vehicle injuries.  Per mile driven, teens are four times more likely than older drivers to crash.  In fact, traffic crashes are the leading cause of death for teenagers in America!

Many teenage behaviors contribute to teen-related crashes.  We can point to inexperience and immaturity as causes speeding, drinking and driving, not wearing seat belts, distracted driving (cell phone use, loud music, other teen passengers, etc.), drowsy driving, nighttime driving, and using prohibited drugs and we have serious car crashes.  But, we do all know that teen motor vehicle crashes are preventable if all teens will be more aware and educated on the road rules and will follow proven strategies to improve their safety on the road.

Ageing does not necessarily mean that a person’s driving days are over.  In fact, they are among the safest drivers on the road, as they generally do not speed or take risks, and they are more likely to wear seatbelts.  The ability of older people to drive safely does diminish as their vision and hearing senses decrease.  Other factors are poor judgment in making left-hand turns; drifting within the traffic lane; and decreased ability to change behavior in response to an unexpected or rapidly changing situation.

I think it is very important to plan ahead and take steps to ensure the safety of your loved ones on the road.  I believe that at age 70, Kentucky should require us to take a driving test to determine if we are still safe behind the wheel.  Options such as restricted driving license should also be available.  These steps will save lives and prevent serious injury car wrecks.

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.

“The other driver lied about what happened?”  I hear this statement from auto accident victims quite often. They have been in a Kentucky automobile accident and have been injured. They have gone to the police station and picked up an accident report. The accident report contains an unpleasant surprise. The police officer says that fault cannot be determined.   Both drivers have said that they had the green light.

What the accident victim is really asking is: “Can I still collect if the other driver is lying about how the accident happened?”  In these intersection cases, where both drivers say they had the green light (which the last time I checked it was impossible), how do you determine who caused the Kentucky car accident. 

If you had the green light and this happens to you, what are your options?  The first thing a personal injury attorney looks at is the police report. You want to make sure that the accident did occur. Is there any indicators or facts that indicate the other driver may have provided false information or lied? Is there an indication as to who the police officer believes? 

The next thing a personal injury attorney looks for is witnesses.  In this type of car accident case it is very important to have an independent witness, someone who has no relationship to you. This is extremely important and will control the outcome if the case goes to trial. 

The plaintiff or the accident victim brings the case to court and it is their burden of proof. The plaintiff must show that the other party caused the accident. Without an independent witness this is extremely difficult.  In a jury trial your testimony against the other party’s testimony is insufficient to win with certainty.  The next best witness is a passenger in the car that can confirms your version of how the car wreck happened. 

If there are no witnesses available, the final avenue is to check traffic signal patterns to see if they will confirm that you did have the green light on a particular cycle on this date.  This can be very difficult to obtain. 

The most important step a Kentucky car accident victim can take in intersection cases is to document everything you can at the scene of the accident.  Get the name and address and telephone number of every potential witness.  Take pictures of the vehicles in their actual position in the roadway.  If you do this, you have a fighting chance. 

Even if you can’t prove that the other driver caused the car accident you can still collect for your medical bills under your own car insurance policy. These No-Fault or PIP benefits are paid for treatment for injuries from the car wreck no matter whose fault it is. The real question is whether or not you can collect for pain and suffering.  To do this you need to act fast to have a fighting chance in an intersection accident case.

            There is a call that no parent ever wants to receive.  Unfortunately, I did receive that call a couple weeks ago. 

I was in a deposition with a client on their Kentucky car accident case when my cell phone vibrated.  I recognized the number. It was my 16?year-old daughter who had just got her Kentucky driver’s license a month and a half before.  I let the call go to voice mail, but she immediately called me back.  This is our signal that it is an emergency and she HAS to speak with me immediately.  

I asked to take a break from the deposition so I could return my daughter’s call.  On the other side of the line I heard in half understandable words, “Dad I’ve just been in a wreck.”  I said, “Calm down.  Are you all right?”  She responded “The car, the car, the car.” I told her “I don’t care about the car.  Are you all right?” 

As I deciphered my daughter’s words in between the sobs I discovered that her neck was hurting from the automobile accident. She was driving to study for finals with three of her friends. She stopped at a light. Friend #1 stopped behind her. Friend #2 stopped behind Friend #1.  At that point in time Friend #2 was rear-ended by a blue minivan.  This set off a chain reaction that ended up with my daughter getting hit in the rear; the car in the middle was sandwiched and got the worst impact in this car accident. 

Then here’s what happened that made it all the worse.  The van took off.  It was a hit-and-run accident.  None of the girls thought quick enough to even try to get the license plate or a good description.  After all they are 16 and new to driving. The police responded to the scene and did an investigation but there was little they could do with no information. 

Luckily my daughter was okay and her friends appear to have no medical issues after a few weeks of treatment. You have to be extremely careful what you write about your Kentucky personal injury case, whether it is in a blog or on Facebook. That allows me to talk about it at this time and make my point. You should always be alert and try to keep your head after an accident.  Document as much as you can at the automobile accident scene. Take pictures of everything at the scene, including cars and skid marks. Give all information that you can to the police. 

Uninsured drivers are everywhere. If my daughter would have been seriously injured, we have Uninsured Motorist Coverage which would have paid for any pain and suffering.  Thankfully we also had PIP insurance which will pay for any and all medical bills. In fact was have Added Reparations Benefits which will pay medical bills up to $50,000.00. 

I hope none of you ever receive this call but if you do, the most important thing is to make sure that your child stays calm in this traumatic situation.  If anyone reading this would like a copy of the free brochure I offer, “What to do if You’re in an Automobile Accident”, please go to my website. You can download a copy there or if you send me an email I will be more than happy to mail you a copy free of charge.