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Auto Accidents

Streetsense in Kentucky
Jul 27, 2010
Streetsense Campaign Promotes Safety for Cyclists and Pedestrians

In 2009 on the streets of Louisville there were eight pedestrians and two cyclist killed. In an effort to lower that number the city of Louisville launched a campaign designed to keep the roads safer for everyone.
The campaign was launched last summer and was designed to focus on common sense. This year’s ads were unveiled on Friday, August 23, 2010 at a press conference and will air on television as well as radio. You can expect to see them on TARC buses and local publications. The ads urge pedestrians and cyclists to be alert and motorists to be more aware of their surroundings.

Now that Kentucky has enacted the law that prohibits texting while driving one of the ads is geared to stop drivers from using their cell phones while driving. This particular ad shows that a driver can travel the length of a football field in the time it takes to dial a phone number. The direction of the other ads is to promote safety by obeying the rules of the road and wearing reflective clothing.

Louisville Metro Police Chief Robert White was also at the press conference stating that the police will continue to be aggressive in enforcing safety on the roadways. He also stated that even though the number of accidents and injuries are down there have been three pedestrians that have been killed this year. Chief White said that “Most of our accidents are just people not paying attention and not doing the right thing”

The ads can be seen on the Streetsense website. Also on the website they have listed “10 Smart Moves” that outlines tips for motorist, pedestrians and cyclists to increase their safety. The suggestions for motorists include slow down, pay attention and never pass another vehicle that has stopped for a pedestrian. Pedestrians need to be predictable and visible. It also suggests that if you are walking where there is not a sidewalk it is safer to walk facing the traffic. Cyclists should wear a properly fitted helmet and never ride more than two side by side. Cyclists also need to obey all traffic laws. As a global rule everyone needs to remember that alcohol and drugs will not only impair your ability to walk, cycle as well as drive.

By participating in the activities of walking, jogging, cycling or any other outdoor physical activity is a great way to promote a healthy lifestyle. The Streetsense campaign will help keep that healthy lifestyle safe as well.
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Kentucky Enacts Text Messaging Law
May 14, 2010
Kentucky Governor Steve Beshear signed the Cell Phone Text Messaging Bill into law on April 25, 2010. Drivers under the age of 18 are strictly prohibited from talking or texting on a cell phone while driving. The prohibition is applicable to drivers who have an instruction permit, intermediate license or a full operator's license. There is an emergency exception to summon medical help, law enforcement or a public safety agency.

            Those drivers over the age of 18 cannot write, send or read a text-based communication such as text message, instant message or electronic mail while operating a motor vehicle. My understanding is that there will be warnings issued on violations until January 1, 2011.

            First time offenders will be fined $25.00. Second and subsequent offenders will be fined $50.00.
Court costs will also be assessed. It has also been reported that the police will only be issuing warnings until January 1, 2011.
            For additional information on the impact of this new law go to TheKentuckyAccidentAttorney.com.
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How do Most Kentucky Accident Atorney's Get Paid?
Feb 01, 2010
In most service industry businesses the means of payment are you pay for a service and then the service is rendered. This is not usually the case when you have been in an accident and are looking to hire an attorney.

There are three common ways an attorney can get paid when they represent automobile accident cases. They may agree on a contingency fee which is a percentage of what is collected when the case has settled. A flat fee is another means of payment. It is an amount agreed on that is unchanging. The other means is by utilizing an hourly fee.

In most automobile accident cases a lawyer is paid on a contingency fee. A contingency fee is a fee arrangement that pays the attorney a percentage of what is collected at the time the case is settled. The contingency fee is usually 1/3 or 33 1/3% of the total settlement. Under most contracts the client is responsible for any costs associated with the prosecution of the case. These costs are deducted from the clients' portion of the settlement. Some attorneys will offer a 25% contingency fee. Others will raise their fee as the case progresses. For example if the case settles the fee is 1/3 (33 1/3%). If a lawsuit is filed the fee goes up to 40%. Should the case actually go to trial the fee is again raised, this time to 45%. Then if there is an appeal the fee goes up again to 50%. Some believe that this is a disservice to the client and a conflict of interest between what is good for the client and what is good for the attorney's pocket. In affect the attorney benefits by pushing the case farther and farther into the litigation process.

A contingency fee is a good deal for almost anyone who is involved in an auto accident. After an accident in which you were injured it is likely that you will be off work for a period of time. If this is the case you probably do not have the extra money to hire an attorney. You have your normal living expenses to pay with less money or no pay check at all. This type of fee allows you to retain an attorney without paying any money up front. The attorney assumes all of the risk of your case concluding with a successful result. If the attorney is unfortunate enough to lose your case you do not owe him a fee. Not one penny. This means no risk to you.

Lawyers also work on an hourly fee basis. The client pays the lawyer an agreed upon hourly rate for every hour that the attorney works. The client will receive a detailed bill, usually at the end of each month, outlining all the work the attorney performed on their case for that time period. The client is then expected to pay for the attorney services every month. It is also the client's responsibility to pay for any costs and expenses incurred.

A flat fee is just what it sounds like. It is a fee that is set at the beginning of the case. This is negotiated and agreed to by the attorney and the client at the time the attorney is retained. The fee never changes. It stays the same no matter how much time and effort the attorney puts into your case. This can seem like a great deal if you case ends up being very complicated or having to go to trial. I can, on the other hand seem like not that great of a deal if the case settles quickly and there has been very little work your attorney has had to do. Unfortunately, you can never be sure what direction a case is going to go.

If you have been in an accident and are hiring an attorney discuss all of the options available and decide with your attorney what is best for you and your particular situation. Always make sure you understand what you are agreeing to and signing.
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Kentucky Accident VictimsBe Aware of COLOSSUS
Jan 27, 2010

COLOSSUS is the name of the computer program used by part of the insurance industry to systemize and minimize the amount of the settlement on your personal injury case. Almost all insurance companies use either COLOSSUS or a similar computer program. The purpose of these computer programs to help the insurance companies keep money in their pockets. They do this by making uniform settlements and having the data to back it up. The insurance adjuster simply enters the data into the program. The program then gives the adjuster a range that a case can be settled in. This is one of the many reasons your attorney needs all of your information. By making sure all the data is given to the adjuster and outlining that data, your attorney can ensure that these numbers are as high as possible.

It used to be that settling your case meant that the adjuster would evaluate the accident then discuss it with the attorney. It has changed in the past 20 years. Now the personal attention has been removed from these evaluations and replaced by computer programs. The insurance industry uses these programs for the payment of claims, to reduce the amount paid on claims and to increase profits.

More than 50% of the insurance industry uses COLOSSUS to evaluate automobile accident claims. COLOSSUS gives less credibility to the so called soft tissue claims or non-demonstrable injuries. There is a bias toward these injuries being faked or considered malingering. This is because of the subjective nature of these complaints. A demonstrable injury, like a broken arm, is deemed more credible by the program. What the program considers is set by the insurance company. Not me. Not you.

Almost all insurance companies are using COLOSSUS or a program similar to COLLOSUS to put a value on auto accident claims. The days of meeting with an adjuster and discussing a claim and coming up with a fair settlement value are over. Computer programs are used to make the value of the claims lower and equal across the board. These computer programs have over 10,000 potential entries for any single case. These entries include doctors, treatments, diagnosis, employment and medications. The list goes on. They look at personal information. They even look at the area where the case would go to trial. Some counties in Kentucky have histories of giving bigger awards than others. This will affect your settlement.

Each insurance company has its own protocol for the information that is entered into the COLOSSUS program by the insurance adjuster. The attorney must assist COLOSSUS in reaching an adequate assessment of the claim by providing as much data as possible to the insurance adjuster. This will help increase the odds of you achieving a fair and reasonable settlement.
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Do Kentucky Accident Victims Have to Give Recorded Statements?
Jul 21, 2009

I Have To Give the Insurance Company a Recorded Statement

There are several wrong ideas about personal injury cases. This is because of the misinformation that has been put out by insurance companies. It is also due to the lack of correct information that is available to the general public on this subject. I am going to put these myths to rest once and for all. One of these myths is “I Have To Give The Insurance Company a Recorded Statement”.

There is no requirement that you give the insurance company a statement after you have been in an accident. Your insurance company will need to know what happened, but this can wait. Do not give them a statement until at least a few days have passed after the accident or maybe even weeks or months. You need to let time pass to see if you are injured or how serious your injuries really are. This will give you a chance to collect your thoughts and harness your feelings. Many times you will feel fine right after the accident. You may not feel any pain until the next morning or even several days later. Should you give a statement immediately following the accident and state that you were not injured; this statement can damage and decrease the value of your case. Do not put yourself in this position.

The at-fault party’s insurance company will call you and ask to take your statement or even call and just start asking you questions. They will be recording this statement. Do not give them a statement until you have an opportunity to speak with an experienced personal injury attorney. An attorney will take a look at your case and advise you as to whether it is in your best interest to give a statement. In some circumstance it is okay to give the statement. The insurance adjuster must have the information from your statement in order to process your claim and make an offer on your case. In other situations you should not give a statement at all or you should wait.

Even though it might be a good idea to give a statement you need to be prepared to give the statement. The adjuster takes statements on a daily basis. He does it professionally. It is part of his job. Some adjusters try to trap you or trick you with their questions in hopes of decreasing the value of your accident case. Make sure you are prepared before you give a statement. Take the time to sit down with an attorney and feel comfortable with the process of giving a statement. Put yourself on a level playing field. Anything you say can be used against you at a later time if a lawsuit is filed. If you say something different in a deposition or at trial the insurance company attorney will bring up the inconsistent statement you gave the adjuster. Don’t fall for this trap.
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Auto Accidents are the Leading Cause of Post Traumatic Stress Disorder in the General Population
Feb 26, 2009
In a book published by the American Psychological Association called “After the Crash: Assessment and Treatment of Motor Vehicle Accident Survivors” it reports that within the general population motor vehicle accidents are the leading cause for Post Traumatic Stress Disorder (PTSD). It also reports that over three million people are victims of car wrecks that resulted in bodily injury and/or psychological distress.

PTSD is an anxiety disorder that can develop after a person is exposed to a traumatic event. During these events something horrible and frightening is happening and the person has a sense of helplessness. They may also feel like their life or the lives of others are in danger. Many of the common assumptions is that PTSD is isolated to war veterans but the reality is that any life-threatening events can cause this disorder. Some of the common events are:

•    Combat or military exposure
•    Child sexual or physical abuse
•    Terrorist attacks
•    Sexual or physical assault
•    Serious accidents, such as a car wreck.
•    Natural disasters, such as a fire, tornado, hurricane, flood, or earthquake
•    Being diagnosed with a potentially fatal illness
•    Finding the body of someone who has committed suicide

There are many symptoms of PTSD. Some are:

•    Distressing thoughts or images
•    Be very startled when someone surprises you
•    Nightmares about the event
•    Feeling or acting as if the traumatic event were recurring
•    Fear for your safety and always feel on guard
•    Intense psychological distress when exposed to something that triggers memories of the traumatic event
•    Physical symptoms such as sweating, muscle tension and rapid heartbeat when exposed to things that trigger memories of the traumatic event
•    Suddenly become angry or irritable
•    Have a hard time sleeping
•    Have trouble concentrating

After a car accident the physical injuries are immediately treated, a broken arm is set and lacerations are stitched up. People need to understand that there may be more psychological injuries after an accident and be prepared to treat them. Also be aware that the symptoms can last for a long period of time.

Mike Schafer is an attorney in Louisville, Kentucky and has been practicing automobile accident cases for many years. For more information on Mike or his practice go to www.mikeschaferlaw.com. - 6 - 10
What You Can do to Prevent a Hydroplaning Accident
Feb 12, 2009
Hydroplaning, also known as aquaplaning, happens when a layer of water builds between the tires of a vehicle and the road surface. When this build up occurs the vehicle will lose traction and prevent the vehicle from responding to control inputs. Control inputs are steering, braking and accelerating. The loss of this control will basically mean your vehicle is no longer in your control and there is a possibility that you may be in an accident.

There are a few preventative strategies a driver can employ to prevent hydroplaning.

•    Know what hydroplaning is and how it is caused. It is when there is enough water on the road that will not allow your tires to channel the water away. This results in the tires losing friction/contact with the road.
•    Keep good tires on your car with that appropriate pressure in them.
•    Slow down when it is raining.
•    Avoid puddles. It is hard to judge how deep they are and how much water there is so it is best to avoid them. If you can’t avoid them go through them slowly.
•    Don’t make sharp turns.
•    Don’t use your cruise control feature on your car. If you are using this feature in the rain and decide to hit the brake to end the use of the cruise control that could cause you to hydroplane.
•    Do not slam on your brakes. It may make your brakes to lock up and lose traction and consequently control over your vehicle. Instead just ease off the accelerator and your car will find traction.
•    If you are behind another vehicle follow in their tracks. Their tires will displace the water so your won’t need to. Remember however not to follow too closely.

We have had some very wet roads in Kentucky with heavy rain and melting snow, The best way to prevent a car accident is to slow down and be aware of the condition of the road. There are no winners in car accidents. Prevention is truly your best option. - 7 - 10
Treating Scars After an Accident
Feb 05, 2009
After an automobile, motorcycle, truck or bicycle accident there are many issues and questions that surface with the victims. “How badly am I injured?” “Is my car totaled?” “Do I have enough insurance to carry me?” “Will this accident effect me for the rest of my life?” If you have been injured in an accident you know all of the questions that continually go through you mind. Once you have been treated and are recovering you may be faced with the issue of permanent scarring. “Will this pink line down my cheek be forever?” “Will this surgery scar across my shoulder ever go away?”

Scarring are fibrous tissue that replace normal skin after injury and is a natural part of the healing process. Almost every wound will have scarring of varying degrees. The tissue produced in scarring is not identical to the tissue it is replacing. It is usually inferior to what it is replacing and doesn’t function as well. Less resistant to ultraviolet radiation, sweat glands and hair follicles don’t grow back. There are several treatments to lessen scarring;

•    Topical treatments     This is the use of silicone gel sheeting is used by plastic surgeons as well as burn centers and provide nice results.
•    Needling     This is a process where the area is needled continuously which will promote collagen forming in the scar area.
•    Pressure garments     These are garment specifically made for the victim and worn 24 hours a day for anywhere from six months to a year. The constant pressure is believed to cause the scars to become softer and flatter. This process is used frequently with burn victims who have large areas of scarring.
•    Steroid injections     Steroids are injected into the actual scar to flatten and soften the scar.
•    Dermabrasion     This is the removal of the surface of the skin. This process is more effective in treating raised scars as opposed to scars that are sunken.
•    Collagen injections     Collagen injections are used to treat sunken scars. Collagen is injected and the sunken scar rises to the surface of the skin. The effects are not permanent and this process has to be repeated on a regular basis.
•    Surgery     The scars can be cut out and stitched up but you run the risk of the surgery scar healing the same way. A new form of treatment is laser surgery. It has been effective is lowering the redness of the scar but not as much in flattening the scar.

If you have scarring, either from an accident or other injury, check with you doctor and see which process will be best for you personally.

If you would like more information on Louisville, Kentucky attorney Mike Schafer go to www.mikeschaferlaw.com. There you can order your copy of his free report on buying car insurance. - 8 - 10
More Cable Barriers To Be Installed On Kentucky Highways
Oct 30, 2008
The installation of median cable barriers that will prevent crossover
motor vehicle accidents continue to span onto more Kentucky highways thanks to an
announcement by Gov. Steve Beshear. The cable barriers that have
already been installed on Interstates, 64, 265 and 71 in Jefferson and
Oldham as well as the one in Fayette County on New Circle Road have
apparently prevented almost 300 crossover car and truck accidents since
2006. With the additional barriers more accidents should be prevented.

When cars or trucks go through the median into oncoming traffic there are usually deadly and horrific results. The oncoming car has little or no chance to avoid a vehicle that is coming from a lane in the opposite direction.

The five sections of highway are due for the cable installation were
determined by analysts who studied crash data to find the area with the
highest needs. One of the areas getting the barriers is a 10.2 mile
stretch of the Gene Snyder Freeway between Interstate 65 and Dixie
Highway in the Louisville area, which is the only area of the Gene Snyder Freeway
that doesn't currently have the barriers. Bullitt, Hardin, Hart and Barren counties wil also have barriers installed on sections of I-65. These areas have been determined to be some of the most dangerous in Kentucky. - 9 - 10
New Warning Systems to Help Prevent Auto Accidents
Oct 06, 2008
There are several new systems that are coming on the market that will help prevent accidents while driving. The technology is very advanced and not available for every make and model of cars but will soon become an industry standard. This new phase of technology has been created to help drivers prevent accidents. Many of the luxury-vehicle makers are now marketing advanced warning system for some of the automobiles in their line.

Volvo now has what is called a Blind Spot Information System. This system uses outside cameras to alert drivers as to when other cars are in their blind spot. It will activate an amber light on the left front window pillar to let the driver know.

Mercedez-Benz now has what is called Distronic Plus system which uses both long and short range radar systems to distance the driver from moving vehicles ahead. It will alert the driver using chimes if they are closing in too quickly. It also will prepare the car for a collision by tensing up the seatbelts and cueing up the airbags. If the driver does not respond the system will begin to brake the car up to 40%. Once the driver responds the system will relinquish its power back to the driver.

Infiniti has what is called Lane Departure Prevention. This feature will physically prevent the vehicle from drifting if the driver does not intend to. The system determines this by recognizing if the car is passing over a lane line when the turn signal is not used. This feature will then apply the brakes on the opposite side of the vehicle which will ease the vehicle back into the lane.

BMW is now offering a Lane Departure Warning which essentially will determine the same as Infiniti’s Lane Departure Prevention. The difference is the steering wheel will rumble to alert the driver of the lane crossing. Also, it will not activate the brakes and has the option of being turned off.

Lexus now has what is called Pre-Collision System. This system has cameras mounted on the front of the vehicle and can sense when a frontal collision is possible and will tighten the seatbelts and boost the brakes. Once the driver responds the action is relaxed.

Even with every warning system installed there will always be the potential for automobile accidents because the driver has no control over the actions of the other drivers on the road. That issue and uncontrollable factors, such as weather, will always put a driver at risk for automobile accidents. Be as safe as you can once you hit the road. - 10 - 10