Which Holidays Are The Most Dangerous on Kentucky Roads?

Every year, thousands of people are hurt and killed on Kentucky roads during the holidays. So, which holidays are the most dangerous

What Are the Safest and Most Dangerous Driving Days in Kentucky and Indiana?

Every wonder what day of the week has the most car and semi-truck wrecks, the Poppe Law Firm knows the answer.

Kentucky Drivers: Are There More Car and Truck Wrecks in the City or in the Country?

Kentucky car and truck wrecks happen in the big cities of Louisville and Lexington, but what about in the more rural areas. We know where more wrecks happen!

Are Young Drivers In Kentucky More Dangerous?

More and more young people are involved in serious car and semi-truck wrecks in Kentucky every year. Do the statistics prove our young people are more at risk to be involved in serious car and truck wrecks?

Are Men or Women Involved in More Kentucky Car and Semi Truck Wrecks?

The Poppe Law Firms Reveals Whether Males or Females are the Safer Drivers Kentucky.

Kentucky Car and Truck Wreck Statistics for 2012

Preliminary statistics for car, motorcycle, and semi truck crashes in Kentucky for 2012 indicate there were 16 more fatalities in 2012 than in 2011...and the year isn't over yet.

U.S. Government Claims Immunity in Tort Claim

Government claims immunity in a tort claim where an FBI agent wrecked a rare Ferrari.

Hulk Hogan Lawsuit Dismissed by Florida Judge

Hulk Hogan's lawsuit against Wells Fargo and ex-wife, Linda, was dismissed by a Florida judge.

Prior Traffic Violations Predict Truck Drivers Likelihood of Future Accidents

A recent study of truck drivers' driving behaviors indicates those with prior traffic violations are more likely to be involved in an accident.

Trucking Company Involved In Fatal KY Accident Changes Name To Get Back on The Roads

Arkansas Trucking Company Changes Name In Order To Avoid Order To Take Its Trucks Off The Road Following 11 Person Fatal Accident On I-65 In Kentucky.

You Wont' Believe What This Trucker Was Doing When He Killed This Mother of Two....

Truck driver streaming porn and driving while sleep deprived runs his eighteen wheeler over a young mother of two.

Trucking Company Involved in Second Worst Wreck In Kentucky History Has Poor Safety Record.

A fatal Kentucky accident put semi trucks on the front page news of Louisville’s Courier Journal newspaper. After a wreck between a semi and a passenger van left 11 dead, reporters began to dig deeper into truck accidents and found some unsettling facts.

 

The springboard of the reports resulted from a serious accident that occurred in the early morning hours of March 26^th. A large Mennonite family and other close friends were traveling to a wedding when their van was hit head on by a tractor trailer that had broken through the cable barriers at the median across I-65. According to the article, this wreck was one of the deadliest in Kentucky since the May 14, 1988 crash in Carroll County between a bus full of my classmates from North Hardin and a drunk driver.

 

The National Transportation Safety Board (NTSB) created a six-person investigation team to uncover more details of this wreck. They have yet to determine an exact cause of the accident or a reason why the truck veered off course. Days later, the trucker was identified by the Courier-Journal as Kenneth Laymon who drove for Alabama based company, Hester, Inc.

 

According to federal reports cited in a later Courier Journal article, “Large trucks in Kentucky account for a disproportionate share of the state's fatal crashes…” The Kentucky State Police records show that in 2008, trucks made up 4.6 percent of the state's registered vehicles but unfortunately a disproportionate 8.9 percent of its tragic accidents. Even more disturbing is that accident statistics prove similar nationwide.

 

Things are being done to try to combat the problem. Recent legislation disallowed truckers to text while driving and a new federal regulation will require trucking companies that repeatedly violate driver time limits to install electronic recorders that track how long truckers spend behind the wheel according to an Andrew Wolfson article. Transportation Secretary Ray LaHood sees the regulation as a way of reducing the number of accidents caused by sleeping drivers. It is suspected, though not confirmed, that the lack of brake marks could indicate dozing off could have been the cause behind the Mennonite crash. The problem however is that according to the Federal Motor Carrier Safety Administration, recorders will only be required for companies flagged during on-site reviews but only about 2 percent or less of the 750,000 U.S. trucking companies are reviewed on-site throughout the year.

 

Thanks to the American Association for Justice (AAJ) citizens can do a search state by state of trucking companies and their violations through the Violations Database.

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ps be sure to download or FREE E-Book "What The Insiders Don't Want You To Know About Semi-Truck Wrecks."

Drunk Drivers Get Locked Out....

Seeking to reduce the number of Kentucky car wrecks, Kentucky's legislature is considering a new law that would require ignition locks for people convicted of DUI.

Toyota Accelerator Problem May Have Caused Car Wreck That Led To Criminal Conviction

A man convicted of vehicular homicide following a fatal car wreck may be granted a new trial due to the sudden emergence of the Toyota acceleration problem.

DWT--Driving While Texting. Death on Kentucky Roads

Will Kentucky pass laws prohibiting texting while driving?  Well, there is a bill pending in the Kentucky state legislature that could do exactly that in 2010.

 

Rep. Rick Nelson, D-Middlesboro, has prefiled a bill for consideration during the 2010 regular session that would make “texting” while at the wheel a no-no.  It also would prohibit drivers under the age of 18 from using any cell phone. Violators would face $50 fines.

 

The Kentucky State Police’s annual report for traffic collision stated there were a total of 962 reported accidents caused by cell phones in 2008. The true number is actually much higher, but a lot of people will not admit to using their phone at the time of an accident.

 

A study conducted by the Virginia Tech Transportation Institution concluded that a driver who is texting is 23 times more likely to be involved in an accident. But even if the bill is passed, it could be difficult for police to enforce.

 

According to Transportation Secretary Ray LaHood, some statistics show that nearly 6,000 people were killed and more than half a million were injured on America's roads last year in crashes linked to texting or talking while driving. As a result, more than 25 states have created some type of law restricting drivers from texting while operating their vehicles and many states have already proposed similar legislation, though it has not yet been passed.

 

Nevertheless it seems some states have been sending mixed messages, almost literally, when it comes to texting while driving according to a USA Today article from mid September. In the piece, Associated Press writer Andrew Demillo explains the possible contradiction resulting from certain states, including those with cell phone laws, sending traffic updates to drivers via text message or Twitter updates. The states argue that these updates are not cause for concern because they stress to drivers to check their messages and updates prior to leaving for their destination. However there are times when these “tweets” turn into an exchange of conversation between motorists and state officials, as demonstrated in Demillo’s article one user posted, “any idea what's going on westbound on 520? It's worse than rush hour..," and within a few minutes, officials responded: "Yes! There is a disabled vehicle just east of Lk Wash Blvd blocking right lane." The danger arises when these types of exchanges are being conducted while moving.

Amidst the talk of texting bans, one large group of motorists was at first absent from the conversation, truckers. In a report by Montana’s News Station, High Plains Owner and Operator Doug Landru was quoted in response to distracted drivers saying, “People don't realize they're sitting in a 4,000 pound weapon.” On the same token, distracted truck drivers are often behind the wheel of roughly 80,000 pounds and in most cases doing so while operating cell phones, radios and even laptops. But to that, Landru commented that to him a cell phone and internet are vital and Oregon trucker Edwin Parrish agreed saying, “Being able to check my text messages or my email messages, I'm able to know when I'm supposed to be some place.”

 

 Fox 4 out of Kansas City, MO reported that several trucking companies are concerned about a texting ban because they use on board computer systems for communication. Nevertheless, a study at Virginia Tech University found that truckers driving while using the computers were 10 times more likely to have an accident. Often, the devices are disabled for use while driving, but not all are turned off and there is no way to tell whether or not they are being used while operating the vehicle. According to LaHood, the Obama administration will ban texting by truck drivers and restrict the use of other in-cab technologies as part of its effort to eliminate distracted driving.

 

Texting while driving has become such an issue in Kentucky that a statewide media campaign has been launched including a public service announcement by a Louisville girl involved in a wreck due to texting.

 

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We Blow The Whistle On Unsafe Kentucky Trucking Companies.....

WTVQ based out of Lexington, KY reported on August 31^st that currently Kentucky ranks 11^th in the nation in trucking company safety violations per 100,000 residents. This could explain why so many trucking accidents upon further investigation are labeled as exactly that, accidents where no particular person was at fault. A semi-truck accident due to a blown tire or overturning on the road are not only incredibly dangerous but in most cases, entirely avoidable.

 

The American Association for Justice created a violations database which compiles a listing of motor carriers operating with federal safety violations and organizes them by state. The Association also reports that as of April 2009, there were 28,274 trucking companies, representing more than 200,000 trucks, operating on U.S. roads with safety violations. Of those, hundreds are listed in the state of Kentucky alone, including over 100 companies based in Louisville.

 

What's more is that in an article published by the Association last month, they found that trucks make up less than 4% of all passenger vehicles on U. S. roads but are involved in 12% of all motor vehicle fatalities. Violations include defective brakes, bald tires and loads that exceed weight limits. Blend these dangers with the fact that most truck drivers are only getting 4-6 hours of sleep at a time and you've got a deadly combination on America's highways.

 

Although Kentucky may not fall in the top five states with the highest violation rates (West Virginia, North Dakota, Nebraska, Vermont and Iowa) it doesn't excuse the 104 fatalities the state incurred in 2007 that involved large trucks. Coming in at 11^th, Kentucky reports 22 companies in violation of safety requirements per 100,000 people which is well over the U.S. average of 15. Neighboring states Indiana and West Virginia also come in above average with Indiana reporting 19 companies and West Virginia topping the list with 58. Ohio, Tennessee, Illinois, Virginia and Missouri all fall below average with numbers ranging from 3 to13.

 

To learn more about semi-truck accidents download a free copy of What the Insiders Don't Want You to Know About Semi-Truck Accidents or research accident attorneys.

Hans

The Secret Reason Why There Are So Many Semi-Truck Wrecks…

It is a well known fact that the odds of you, your car, truck or SUV winning in an interstate battle with an 18-wheeler are slim to none.  So far in September, Kentucky has seen the effects of semi-truck accidents when an I-64 accident killed a Mt. Sterling man, and a Daviess County woman was struck on Audubon Parkway on the same day. But most people may be unaware of why these accidents are happening in the first place. We all know that foul weather, icy roads, alcohol are often catalysts precipitating car and truck accidents, and for the most part, most drivers often increase their efforts to avoiding the road during these times.

 

So it may surprise you to learn in 2002 71% of truck accidents in Kentucky occurred in good weather and on dry roads, 75% occurred during the daytime and 88% on weekdays when driving is part of the daily routine. In fact, there were no contributing weather conditions at all in 78.6% of Kentucky truck accidents.

 

So if bad weather isn’t causing the wreck, what gives?

 

One of the top reasons for accidents is driver fatigue which can lead to dozing off or distraction related accidents in Kentucky and across the nation.  According to the Insurance Institute for Highway Safety, “truck drivers behind the wheel for more than 8 hours had a twofold increase in crash risk…truckers’ long work hours cause sleep deprivation, disruption of normal sleep/rest cycles and fatigue.” Despite this statistic, in 2004 a new federal work rule went into effect allowing truck drivers to drive for up to 11 hours per day.  And this was an improvement over the previous rule!  The new rule’s goal was to improve safety but the Institute's survey showed the opposite as truckers are using new provisions to squeeze even more driving hours into the week. Just see this blog post by a real trucker who seeks to unveil the truth behind the profession.

 

And the driving force in money! Truck drivers drive more hours to get deliveries dropped off faster which then leads to more deliveries and essentially more money and higher satisfaction.  According to the National Highway Traffic Safety Administration, driver fatigue is responsible for an estimated 100,000 motor vehicle accidents and 1500 deaths each year.

 

Let’s put two and two together. Sleepy truck drivers plus sleepy car drivers equal accidents. Not to say that there aren’t a plentiful variety of other reasons causing truck accidents, but this is a factor each of us can control to some degree.  I know that if there was one thing that could prevent me from being in an accident, I would make sure to keep it in mind. Perhaps being alert and awake can help us recognize and avoid other drowsy drivers.  So get more sleep!

Hans Interviewed on 840 Whas On Commonwealth Dodge 100mph Accident Case

Francene of the Francene Show on 840 WHAS read my recent blog and wanted to know more about why Commonwealth Dodge may be liable for the deaths of two people involved in the 100 mph test drive that resulted in a car wreck this weekend.  The interview aired live this morning.

You can download the interview here:

Is Commonwealth Dodge Liable for Fatal Wreck on Fern Valley Rd

Tragedy happened today in Louisville, Kentucky when a Dodge Challenger on a test drive from Commonwealth Dodge was involved in a fatal crash with a Mercury Sable.  The two occupants of the Sable were both killed and the driver of the Challenger was arrested.  According to some news reports, the Challenger may have been driven at a high rate of speed. Wave 3 news reports witness Rick Lee said, "I heard the car racing down through here and of course, they race down through here all the time, and it kind of got mine and my son's attention. When we got up to try to see the aftermath of what was going down the road, we heard an impact."

According to the Courier Journal, a Commonwealth employee was a passenger on the test drive.

This leads to the obvious question.  Can Commonwealth be held liable for the two deaths.  I see two potential ways the dealership can be held liable.  First, liability insurance follows the vehicle.  This means that the owner of the dealership must provide liability insurance for every vehicle on its lot. So, even though a Commonwealth employee wasn't driving, the dealer's auto insurance will still have to provide coverage. 

The second cause of action against Commonwealth Dodge could be filed based on the conduct of its employee that was on the test drive IF it can be proven that the salesperson allowed the driver to speed or drive in a reckless manner.  The dealership would be liable under the theory of respondeat superior, a legal term that means the employer is liable for the actions of its employees.  Here, the dealer's Commercial General Liability (CGL) policy would provide coverage.

Here, it will be important to obtain as many witness interviews as possible as soon as possible.  Unfortunately, memories fade and stories change the farther away in time interviews are conducted. 


Hans

p.s. As a side note, this story was of particular interest to me because at age 18 I test drove, and wrecked, a Toyota MR2 while on a test drive.  Fortunately, no one was hurt.

The Truth About TV Advertising Lawyers....

Recently, I ran across a very interesting article about two Tennessee lawyers that are feuding.  The issue is whether the TV advertising lawyer has the right to call himself a "trial lawyer" since everyone knows he doesn't try cases in the courtroom.  We have the same issue here in Louisville, although there isn't any feud in the newspaper to speak of.  Anyone that watches an hour of daytime television knows exactly what I'm talking about.  You can't go 5 minutes without an ad for a lawyer (or even worse the ASK GARY chiropractor).  Some of these lawyers aren't even from Kentucky, they live and work in Florida.   They all advertise they can handle your car wreck case and get you a big check; however, those of us that practice in Louisville know that isn't necessarily true.  You see, insurance companies know which lawyers try cases and which lawyers merely try to get quick checks.  Who do you think they take more seriously?  The simple fact of the matter is, all other things being equal, lawyers that know how to try cases will get the best results.  Law firms that have 5,000 cases and a war room full of paralegals working on them will likely not get the same results.  Harsh?  You bet.  Reality?  You bet.
My suggestion, if you are thinking about hiring a tv lawyer, ask them when was the last time they tried a case.  When was the last time the were in a courtroom arguing for their client.  Ask them if they are going to farm you case out to another law firm if it doesn't settle pre-suit.  Then make a decision as to whether this lawyer/law firm is going to get you the results they advertise on tv. 
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New York Times Exposes Hired Gun Doctors

Recently, the New York Times wrote this great article exposing what lawyers that represent injured people have known for a long time.  The so-called "Independent Medical Exam" doctors are really hired to keep injured people from getting the compensation the deserve for their injuries.
Here in Kentucky, I see the same doctors, hired by the insurance companies, over and over and over again.  There's a reason for that.  The insurance company knows that these doctors will say the injured person a) was never really injured, or b) they injury wasn't very severe and they should have recovered in 4-6 weeks.  This is especially true in car wreck cases.  So much so, that we have started calling them what they really are, Defense medical exams.  There is nothing "independent" about them.
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Jury Awards $24 Million in Truck Wreck Case

$24 million award in fatal truck crash

A Will County jury has awarded nearly $24 million to families of two people killed and another seriously injured when a truck crashed into a line of cars on Interstate Highway 55 near Plainfield in April 2004.

Jurors on Friday issued the judgment—the highest verdict amount in a civil case in Will County in at least 50 years—against C.H. Robinson Worldwide, a Minnesota freight broker that had contracted with the truck driver, De An Henry of Utah.

$65 Million Dollar Semi-Truck Wreck Verdict

BARTOW, FLORIDA – A Polk County jury awarded a 21-year-old woman $65 million in damages Wednesday in a personal injury lawsuit against a trucking company.

 

“Trucking companies should get the message that they need to follow safety regulations designed to protect the public,” said Tampa attorney Jim Freeman, of Wilkes & McHugh, P.A. “This accident was preventable if the driver only waited for a clear view before turning.”

 

On Aug. 21, 2007, Kendra Lymon was a normal 19-year-old woman whose life was shattered when an 18-wheeler, owned by Bynum Transport Inc., T-boned her little Dodge Neon at the intersection of State Road 17 and State Road 64.

 

Kendra had no pulse when emergency personnel arrived at the accident scene. The lack of oxygen to her brain caused parts of it to die, and she suffered brain damage. She was in a coma, and hospitalized at Tampa General Hospital for months.

 

Today, she can’t speak. She can’t eat without assistance. She can’t control her bladder. She has trouble walking and sometimes needs a wheelchair. She needs around-the-clock care and continued rehabilitation, including physical, occupational and speech therapy.

 

Kendra was a beautiful young woman who knew what she wanted and worked hard to get it. She was a good student in high school, who participated in drama club and helped care for her siblings while their mother worked. Kendra loved to read and could speak six languages.

 

After graduating a year early from Hardee High School, she enrolled in South Florida Community College. She wanted to be a psychologist and was the first person in her family to attend college. She was about to enter her second year there when the accident happened.

 

Now she requires care and supervision 24 hours a day, seven days a week – and will need that for the rest of her life. Her medical bills alone are estimated to be more than $24 million over the span of her life, according to experts.

 

“She has suffered these terrible injuries needlessly,” Freeman said. “Kendra Lymon is one of the most deserving clients I’ve had in 30 years of practice.”

 

The defendants, Bynum Transport Inc. and driver Robert Bohn, tried to blame the accident on Kendra. Bohn claimed he had a green arrow, but eyewitness Ralph King said Kendra had a green light and wasn’t speeding. King said she tried to turn to the right, but by the time the truck entered her lane, there was no time to avoid it.

 

Bohn was fresh off a 24-hour shift as a full-time battalion chief for Polk County Fire Services when he headed to Bynum Transport Inc. for his part-time gig. Just after 8:30 a.m., he picked up a red 1997 Freightliner tractor and 2004 trailer, which together weighed 28,000 to 30,000 pounds. The plan was to haul a load of juice to Georgia that day to make some extra money.

 

But Bohn didn’t have 10 hours of off-duty time before driving the Bynum truck that day. The Federal Motor Carrier Safety Rules require such a break because driver fatigue is biggest cause of truck accidents.

 

And Bynum Transport, where Bohn had worked part-time since 1993, didn’t have any system to crosscheck what the driver told them. They didn’t monitor Bohn’s hours of rest. The Driver’s Log he filled out the morning of the accident shows zero hours of work for each day in the week before the accident, despite the fact he had just finished a shift at the fire department. Federal regulations consider that or any other work the same as driving.

 

As Bohn approached the intersection of state roads 17 and 64, there was a tractor-trailer in the opposite turn lane, blocking Bohn’s view. Bohn turned left anyway, and he plowed into Kendra’s car on the driver’s side, crushing it and sending it spinning off the highway.

 

The Lymons, represented by Wilkes & McHugh, P.A. attorneys Jim Freeman and Bennie Lazzara, sued Bynum Transportation Inc. and the truck driver, Robert Bohn, for negligence.

The trial, which lasted over a week in the Tenth Judicial Circuit Court in Polk County, concluded Tuesday. The jury came back Wednesday with a unanimous decision: Jurors found the defendants were 100 percent at fault in the accident and awarded $65 million to the Lymons.

 

“With this verdict, the family – including her mother, uncle, aunt and siblings who have been caring for Kendra – can now afford to get her the professional help she needs,” said Tampa attorney Bennie Lazzara. “Doctors say with proper medical care, Kendra will have a normal life expectancy.”

Hans

Stripper Sues Employer Because She Got Too Drunk From Customer's Buying Her Drinks

An update from the News of the Weird.  A woman contends that her job as a stripper caused her to have a one-car wreck on her way home from work last year, according to a lawsuit filed in Jefferson County Circuit Court in Birmingham, Alabama.

Patsy Hamaker's suit says part of her job as a dancer at The Furnace club in Birmingham involved encouraging customers to buy her alcoholic drinks.

The suit alleges that managers at the strip club allowed her to leave work drunk one night last fall. She wrecked her car, resulting in serious injury, according to the suit.

Dancers receive a percentage of drink sales and make pretty good money doing so, according to the suit. On Oct. 17, Hamaker's sales were successful enough that she left work "in a highly intoxicated state," according to her suit.

"Defendants ... allowed a dangerous condition to exist by allowing said plaintiff to leave its establishment in such an intoxicated state while under said defendants' supervision and control," the suit says.

Management's negligence by allowing her to drive home drunk "was a proximate cause" of Hamaker's injuries, the suit says.

Hamaker seeks compensation for her injuries and additional money to punish the club. The case has been assigned to Judge Caryl Privett.

Hamaker's lawyer, Alan Smith, declined comment on where his client lives or whether she still works for the club.

"We won't talk about our client," Smith said. "We're not willing to talk about the case at this point."

As they say on one of my favorite Saturday Night Live Weekend Update segments...REALLY?!!!

 

Hans

 

Drunk Driver Kills Friend in 1993 and then Female UK Co-Ed in 2008

A Kentucky man was recently convicted following a hit and run truck wreck that took the life of University of Kentucky Co-ed Connie Blount; however, this was not Shannon Houser's first run in with the law, nor is it the first time he has had a car accident that has killed someone.

In 1993, Houser was arrested and charged with DUI manslaughter following a car wreck on Russell Cave Road in Lexington, Kentucky that killed his friend .  Houser received probation after his victim's parents wrote Judge Mary Noble asking for leniency. 

In 2008 Shannon Houser struck Connie Blount, 18, with his pickup in the early morning of April 13. Blount, who investigators have said crossed Broadway against the light, had knelt down in the street, according to testimony.  Houser then left the scene of the wreck.

Last Thursday, a Fayette County, Kentucky jury found Houser guilty of attempting to tamper with evidence, and not guilty of marijuana possession. Later Thursday, the jury unanimously recommended that Houser be sentenced to five years for the tampering charge and one year for leaving the scene of an accident. Judge James Ishmael set the sentencing hearing for March 6, 2008.  The jury recommended a six year sentence.

It's unlcear whether Blount's family filed a civil suit against Houser, but if they did Houser could he held liable for compensatory damages (pain and suffering and the loss of Connie's power to labor and earn money) as well as punitive damages for Houser's gross negligence.  As an interesting aside, in a civil case, it may not even be admissible that Hanover left the scene since it wouldn't be relevant to the question of whether Hanover was negligent in causing the wreck (according to testimony, Connie was kneeling down in the middle of the street when the wreck occured). 

Based on Houser's criminal record, I doubt he would be the type of responsible person that purchased enough insurance to compensate for such an enourmous loss.  This is a good example of why it's important to purchase Uninsured and Underinsured coverage of your own.  This type of insurance protects you if someone else causes an accident and doesn't have enough insurance.  Talk your agent about this after reading my Free Special Report; Secrets to Buying Car Insurance

hans