Motorcycle Accidents

Published on: January 23, 2011

Jefferson County Kentucky Prosecutors Appealing Ruling In DUI Case: DUIs Cause Serious Injures & Deaths Everyday Across Our Country.

At 5:00 a.m. in January 2010 in Louisville, Kentucky, police were called to the scene of a parking lot where a man was passed out asleep in his truck. The keys were in the ignition, the truck was running, the man’s foot was on the accelerator, one hand was on the steering wheel, the other hand was on the gear shift, and the man was unconscious. The police officers reported hearing the engine running loudly from more than a block away, due to the truck being in park but having the gas pedal stepped on by the unconscious man. At the scene, the police had to break out the window because the man would not wake up and respond to the officers, and officers were afraid the vehicle would either caught on fire or jump into gear and propel itself through the parking lot.

The man admitted to police that he had been drinking at 4th Street Live and the breathalyzer given at the scene showed the man was nearly 3 times the legal limit of impairment. He was dangerous and could have injured or killed someone in the state he was in and driving a car.

However, in October 2010, the Jefferson District Court Judge ruled that the man should not have been charged with DUI, because he was asleep and did not have physical control of the vehicle.

Judges in Kentucky have relied upon a 1986 Kentucky Court of Appeals Case when dealing with DUIs and facts similar to this case. In that Court ruling, the Appeals Court stated that there are four factors to consider when the intoxicated person is asleep in the vehicle, as to where a DUI has been committed. The factors to consider if the person should be charged with DUI are:
(1) Whether the suspect in the vehicle was awake or asleep;
(2) Whether the engine of the suspects vehicle was running;
(3) The vehicle’s location and all circumstances explaining how the vehicle got there; and (4) The intent of the person behind the wheel.
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Published on: January 21, 2011

Kentucky Cell Phone Texting Laws Meant To Prevent Accidents

By Ackerson Law Offices

Kentucky has passed a law and now is enforcing it that prohibits cell phone texting while driving. The law is designed to make it illegal for drivers to text while driving, which takes drivers’ hands off the steering wheel of the car and takes drivers’ attentions off of the road. Cell phone usage, including texting, causes many accidents in Kentucky. The use of these devises while driving distracts drivers and seriously diminishes the driver’s control over their vehicle. It may seem like a small thing to use a cell phone or text while driving, but the reality is it causes major accidents which injury and kill people. Drivers who text or take their attentions off of the road can injure or kill pedestrians, including people at crosswalks, motorcyclists, bike riders, and drivers of other vehicles.

Kentucky’s law prohibiting texting while driving is limited in its effects due to the problems in enforcing it, which include only a small fine for getting caught. Because the consequences of having an accident and seriously injuring or killing others are so substantial, the law and its enforcement needs to be strengthened.

The State of Tennessee, which also has laws outlawing texting while driving, has begun to have special patrols designed as “text patrols” which use unmarked vehicles to specifically watch for and issue tickets to those drivers texting while driving.
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Published on: January 6, 2011

Kentucky Auto Accidents: What To Consider At The Time Of Minor Collisions?

By Ackerson Law Offices

If involved in an automobile accident in Kentucky, here are a few things to consider in minor collisions. These suggestions and issues are not applicable in all situations, including major collisions involving serious injury or death.

MOVING VEHICLES
Moving your vehicle once the accident has occurred, prior to the police arriving, is not recommended, even if you are impeding the flow of traffic. The reason for such is if you desire to have a police report taken related to the accident, the road and weather conditions, and assessment of fault, the police will likely not take one if the vehicles have been moved. If the vehicles have been moved prior to the police arriving, the police will likely only issue you and the other driver a civil report to fill out. Stories may differ after an accident, and it may be beneficial later to have a police report to substantiate your version of the events. Usually, if traffic is impeded, the police will arrive, take a look at the position of the vehicles, and then instruct the drivers to move the vehicles to allow for traffic to continue as normal. This will allow the police to be in a position to thoroughly complete a report.

CALL THE POLICE TO THE SCENE
If involved in an auto accident in Kentucky, one thing to consider is whether or not to have a police report taken. Many times when people are involved in minor auto accidents, one party will suggest that the parties just exchange information (including insurance information) and go on their ways. Either suggesting that they will work with their insurance companies to resolve the damages, or suggesting that they skip reporting the matters to their insurance companies and just pay for the damages out of their own pockets. This may not be a safe way to handle the situation and protect your interests. The reason being is that the other party:
(i) may not have current and up to date coverage, and thus be uncollectable from. If the police take a report, and the other driver fails to have insurance or gives the police false information, such will be documents and be beneficial to you later when trying to resolve the matter with that driver or your own insurance company.

Or
(ii) may change their story about what really occurred, the extent of the injuries involved, or the extent of the damage involved. If the other party is going to lie, its better that they are forced to attempt to do it immediately and to the police (lying to a police office, who is taking an official report, can be a crime). Additionally if stories are going to vary about what occurred, its better to have a police office take a report and potentially be a witness later to substantiate what he or she witnessed at the time of arriving upon the scene of the accident.
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Published on: December 23, 2010

Kentucky Motorcycle Insurance Coverage: PIP Insurance Is Important If You Have A Motorcycle Accident

By Ackerson Law Offices

PIP insurance covereage is important in Kentucky Motorcycle Accidents.

Kentucky law requires automobile owners to carry PIP coverage on their vehicles. PIP coverage is also referred to as No Fault Insurance. PIP/ No Fault Insurance covers the first $10,000.00 of insurance for medical bills and lost wages of people involved in accidents, regardless of whose fault the accident is. This insurance benefit coverage will enable the injured person to seek medical treatment and have it paid for from the PIP coverage. This is important in helping injured people to obtain medical care for their injuries related to the accident the accident, including coverage for lost wages while the person is injured.

Kentucky law does not require motorcycle owners to carry PIP/ No Fault Insurance. However, it is available, and the prices are affordable. The reality is that a person on a motorcycle, driver or passenger, is more likely to be seriously injured in an accident. Because serious injuries are likely in motorcycle accidents, PIP/ No Fault Insurance can be very important in securing medical treatment, paying for medical treatment, and covering lost wages (while off work from the injuries/accident). While motorcycle and auto owners shop for lower prices for their insurance coverage, it is important to remember that PIP/ No Fault Insurance will be included in the car and truck insurance, but not necessarily in the motorcycle insurance. Make sure that if you are motorcycle insurance shopping that you ask about the PIP/ No Fault Insurance coverage and its costs. The costs are low, especially in light of the benefits afforded. Not having PIP/ No Fault Insurance on your motorcycle should be considered as being penny wise and pound foolish.
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