Winter Weather Advisory in Effect

A Winter Weather Advisory has been issued for the Louisville and Jefferson County area until 9:00 a.m. Friday. While accumulations are expected to be small, periods of heavy snow are expected. Temperatures are expected to drop and icy roads are likely. Wind is also expected to create blowing snow and white out conditions. Travel may be hazardous.

Insurance Company Car Accident Releases. Please Release Me. Let Me Go.

Car Insurance Car Accident Releases

Been in a car accident, truck accident, or motorcycle accident?  Thinking of settling you bodily injury claim with the insurance company without hiring a lawyer?  If so, you need to be aware that before you can settle, the insurance company will require you to execute a Release.  But, what is a Release?  What legal effect does it have on your claim?

A Release does exactly what it says.  It releases the other driver from any further legal liability to you for your bodily injuries.  This gives the other driver a written agreement that you will not pursue him for any damages associated with the wreck.  Should you find out later that you were more hurt than you thought or that your claim was worth more money than you accepted, the Release will act to bar any future claim.

As you can imagine, insurance companies will draft the Release.  As you can also imagine, the Release will be written in a manner that provides the insurance company, and its driver,  with the maximum protection against any claims by you.  The Release will not be written with your rights or obligations in mind, and may be written more broadly than even necessary.

The Release is not a mere formality, but a restriction on your rights to pursue a legal claim against the driver who hurt you.  You should treat it as you would any serious obligation.  You should read the document and understand its implications and restrictions.  You may also think about paying an attorney to review the document and insure it doesn’t seek more restrictions than are usual or necessary to accomplish its goal.

Only under very unusual circumstances will a Release be declared invalid.  Once it is signed and delivered, it is binding.  While a Release may be necessary to resolve any potential legal claim arising from a car, truck, or motorcycle accident, that doesn’t mean you should sign away your legal rights until you are fully aware of what it is your signing.

According to the Federal Government 34 “Deaths” Alleged in Toyotas Since 2000

Toyota's Acceleration Problems Lead to Deaths

The Lexington Herald’s Kentucky.com reported on consumer data gathered by the federal government revealing 34 deaths linked to sudden acceleration in Toyotas since 2000.  Complaints related to acceleration in vehicles have surged in since Toyota’s recalls were announced.  According to the article:

The new complaints reflect the heightened awareness of the massive recalls among the public and underscore a flurry of lawsuits on behalf of drivers alleging deaths and injuries in Toyota crashes. Three congressional hearings are planned on the Toyota recalls.

In the past three weeks, consumers have told the government about nine crashes involving 13 alleged deaths between 2005 and 2010 due to accelerator problems, according to a NHTSA database. The latest reports are in addition to previous complaints from consumers that alleged 21 deaths from 2000 to the end of last year.

According to Toyota spokeswoman Martha Voss the company takes, “all customer reports seriously and will, of course, look into new claims.” According to Voss, Toyota was taking steps to improve quality control and investigate customer complaints more aggressively.

You can read the entire article here.

The data by the federal government suggests that Toyota knew or should have known of acceleration problems as far back as 2000, yet waited until recently to issue a massive recall of vehicles.  This has led the federal government to question Toyota’s commitment to safety and has shed light on its secretive corporate culture that encourages quiet design changes each model year over embarrassing public recalls.  While this corporate climate may have allowed Toyota to gain market share over the past decade, it has turned into a public relations nightmare with no sign of letting up any time soon.  More embarrassing information is likely to come to light before this issue fades.  Whether it will have a long term impact on Toyota’s reputation is yet to be seen.

Toyota’s Deadly Secrets?

MSN Money has an informative article on the recent spate of recalls by Toyota Motor Company, including regulator’s doubts of Toyota’s commitment to addressing safety defects.  According to MSN:

On Jan. 19, in a closed-door meeting in Washington, D.C., two top executives from Toyota Motor gave American regulators surprising news.

Evidence had been mounting for years that Toyota cars could speed up suddenly, a factor suspected in crashes causing more than a dozen deaths. Toyota had blamed the problem on floor mats pinning the gas pedal. Now, the two Toyota men revealed they knew of a problem in its gas pedals.

The article goes on to chronicle the tension between Toyota and federal regulators governed with overseeing the safety of cars.  You can read the entire article here.

CNBC also reported on Toyota’s problems in a video titled “More Trouble for Toyota”.  Click to play.

Kentucky Accident Information is Now Available on Your iPhone.

Access Accident Information Directly from Your iPhone.

You can now directly access Kentucky Accident Information directly from your iPhone or iPod Touch.  Simply type “kyaccidentinfo.com” into your mobile phone web browser.  A new easy to use mobile version of Kentucky Accident Information will appear.  Access information regarding your car, truck, or motorcycle accident, post comments or questions, or contact The Brutscher Law Office about your accident from your mobile phone.

Two Pedestrians, Including One Teen, Killed While Crossing Streets

Pedestrians At Risk

Two pedestrians, including one teen, were struck and killed by separate cars in Lexington, Kentucky.  It appears that both accidents may have happened at night or at times of low visibility.  No information existed on whether the accidents occurred at intersections or crosswalks or in low lighted areas.  One of the drivers faces pending criminal charges for hit and run.  No criminal charges were reported in the other accident.

I recently reported on the Louisville area’s poor ranking for pedestrian accidents.  These recent accidents show that pedestrian fatalities continue to be a concern.  However, the most striking result of the Courier Journal’s article is not the discussion on ways to improve the situation, but instead the discussion on who was to blame for the accidents.  I heard many comment that since they had observed pedestrians crossing traffic illegally at one time or the other, the pedestrians were to blame.  This argument is similar to comments I hear when the subject of bicycle fatalities arises.

Blaming the victims of these terrible accidents does nothing to reduce the likelihood of their occurrence.  Each accident is different and when it comes to blame, experience tells me there is plenty to go around.  While the lack of a citation may evidence a lack of criminal responsibility, it does not mean the accident was the pedestrian’s fault.  In fact, the driver may still face civil liability for the accident.

We have all experienced a situation where a pedestrian did not exercise the best judgment concerning where to cross, the type of clothing to wear, or the proper respect to show an oncoming car.  However, that fact alone does not excuse drivers from exercising caution or doing their best to keep a proper lookout for pedestrians.  This is true whether or not the pedestrian is exercising judgment for their own safety.  Ultimately, nothing will reduce these accidents, if pedestrians and drivers fail to respect each other’s right to use the roadway.

Weather and Rush Hour Traffic Cause Two More Accidents

Weather a Big Contributor of Accidents

I came across two more accidents this morning involving rush hour traffic and tractor trailers. This time, however, weather also appears to be a factor. The first accident happened when a car turned left in front of another on Taylor Blvd. The second was reported by the Courier Journal and involved a tractor trailer and SUV on I-65 at hospital curve earlier this morning.

Both occurred during rush hour traffic, when traffic is at its heaviest. One involved a tractor trailer on the Interstate. Weather most likely contributed to both. Anyone driving long enough has at one time or the other noticed the difficulty in driving when weather conditions are bad. Rain, sleet, snow, and other moisture impair visibility, reduce tire traction, and decrease reaction time. It’s not too surprising that given today’s conditions that several accidents happened.

Be sure when driving during rush hour traffic that you drive defensively and take into consideration the amount and flow of traffic. Most drivers know that driving fast or being impatient does nothing to decrease the time they spend in rush hour traffic. When weather conditions are bad, particularly during rush hour, even more caution should be used. Be sure that the path is clear and that visibility is not impaired before assuming it’s safe to turn or enter traffic. Give yourself more time to make maneuvers because roads and other surfaces are slick. Reduce your speed and exercise even more caution. The few extra seconds you spend beats the time, money, and injuries incurred in an accident.

Remember, if you’ve been injured due to someone’s failure to exercise care in bad weather conditions, you have a right to compensation for your injuries. If so, you should seek the services of a qualified Kentucky Accident Attorney.

Fatigue Blamed in I-71 Accident Involving Tractor-Trailer

Fatigue Common Cause of Tractor Trailer Accidents

Police have determined that the driver of a semi-tractor trailer involved in a one truck accident on I-71 in Carrolton fell asleep immediately prior to the accident.  The accident shutdown the northbound lanes for eight hours.  The driver suffered only minor injuries.  The Courier Journal has the specifics, here.

Of course, the driver and other cars using the roadway were fortunate only the tractor trailer was involed.  The National Transportation Safety Board (NTSB) estimates that truck driver fatigue may be a factor in over 1/3 of large truck accidents.  If you are driving on the Interstates or large highways where tractor trailers are common there is a good chance you may be involved in an accident resulting from driver fatigue.  If you are involved in such an accident and need an attorney, make sure you retain one experienced in handling these types of cases and the companies who defend them.

Exercise Caution and Common Sense When Approaching an Accident.

Exercise Caution at Accident Scenes

Rush hour traffic is always a nightmare.  Whether it’s during the morning when the roads are full of school buses or in the afternoon when the roads are full of commuters, rush hour can be the most stressful and also the most dangerous time for accidents.  However, it is during this time that drivers must exercise the most caution and common sense.

This morning I witnessed an accident on a heavily traveled two lane road.  One car had been driven into a deep ditch on one side, while the other car was stopped in the middle of the road.  The car in the middle of the road did not have on its hazard lights and it was difficult to see that an accident had occurred.  The good news is that both driver’s appeared uninjured.

Unfortunately, cars on the side of the road where the accident occurred continued driving between the two cars in the accident.  This created an even more dangerous situation.  Cars trying to go through the accident scene endangered not only those persons involved in the accident, but endangered other drivers on the roadway.  They also increased the chance that another, more serious accident, was going to happen.  Fortunately, a police officer was only a few cars away approaching the scene.

There is no doubt that the fact it was rush hour and drivers were in a hurry contributed to the lack of caution.  If you approach an accident scene please be sure to exercise extreme caution, but most importantly common sense.  If you approach an accident and have time to plan, use a different route.  If you can go around the accident without endangering yourself or others, do so.  However, you should never travel through an accident scene.  If you must stop your vehicle to avoid going through the accident scene, do so.  Causing a second accident or injuring those in the first is not worth the extra time it takes waiting for emergency assistance or for the drivers to clear the road.  If you approach an accident treat it with extreme caution and exercise common sense to avoid making a bad situation worse.  Don’t forget, if you are in an noninjury accident, move your vehicle from the road to avoid creating a dangerous situation.

Louisville Ranks Seventh Most Dangerous City for Pedestrians.

Pedestrians At Risk

The Louisville Courier Journal reports on the disturbing results reached in a report by the Transportation for America and Surface Transportation Policy Project.  The report ranked the 13 county Louisville and Southern Indiana area seventh most dangerous for walking.  The report concluded that the most dangerous areas are dominated by sprawling suburban developments that favor automobiles.

While many of the articles contributors considered the report concerning, there apparently wasn’t any agreement on what to do about it.  You can read the entire article discussing Louisville pedestrian injuries and deaths here.

Remember if you’ve been injured as a pedestrian as the result of a car, motorcycle, or truck accident you are entitled to the same rights of recovery as someone injured while driving a car.  Often, these injuries are more severe, since they lack the protection afforded by a car.  These injuries are often permanent and debilitating, requiring lengthy and expensive medical treatment.  You should seek the services of a qualified Kentucky accident attorney if you are a pedestrian struck by a car, motorcycle or truck to make sure your rights to recover for serious personal injury are protected.