Michael R. Greene

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Insurance: What is Stacking?

Most single-car accidents are caused by negligence on the part of the driver.  

As such, injured parties would be entitled to recover under the driver's liability coverage, along with their own underinsured motorist coverage (if they carried such coverage).  In some instances, underinsured coverage can be added or "stacked" from multiple policies. However, insurance claims representatives often do not properly advise claimants about multiple sources of insurance coverage. This is one of many reasons why we strongly urge accident victims to seek out an experienced personal injury attorney.  

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Kentucky on texting and driving

In January of 2011, Kentucky began formally enforcing texting and driving laws with the start of modest fines for the distracted driving behavior, which most experts contend is equally or more dangerous than driving under the influence.  (Hence the less harsh punishment?) 

New texting while driving laws in our fair commonwealth are no doubt being enforced (well, sort of) and come with legal consequences. More importantly, if a texting driver is involved in an accident the new law could be used against them in a civil lawsuit.  

The law went into effect July 1st.  Until Jan.1 of 2011, the Kentucky State Police were only giving warnings under a grace period.  

Police statistics point to nearly 80% of crashes involving some form of distracted driving.  In fact, studies indicate those who text and drive exhibit similar driving behaviors to those driving under the influence of drugs or alcohol. We seem to be slow to realizing the obvious - texting and driving, as well as other forms of distracted driving, is dangerous and puts lives in jeopardy. 

The new law, in addition to permitting the police to give out tickets, will likely have an impact on civil lawsuits as well. Lawsuits are often brought after car accidents as one party seeks to be reimbursed from another for the damages they suffered from the accident. Those lawsuits are almost always founded on the alleged negligence of the other driver.

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Child ER visits and dangerous devices

According to the FDA, over 70,000 children make emergency room visits each year because of injuries from medical devices.   

Interestingly, the leading product responsible is contact lenses. Nearly twenty-five percent of the injuries and complications result from problems like infections and abrasions. 

Most of the serious injuries involve implants.  These include such devices as brain shunts, chest catheters and insulin pumps, which often result in complications from adverse reactions such as infections and overdoses. Other problems include puncture wounds from hypodermic needles breaking off during an injection, skin tears caused by pelvic devices utilized during gynecological examinations of teenage girls and infections in young children with ear tubes. 

The FDA is studying whether the root issues involve malfunction or misuse of these devices and implants. In the end, enhancing FDA device warnings may be one of the likely remedies.

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Kentucky Legislature & Long-Term Care Industry

The Lexington Herald-Leader is reporting that the nursing home industry gave at least $1.8 million to Kentucky politicians over the last decade while lobbying against bills that would require them to hire more direct-care employees, face higher fines for violations and abide by stronger precautions against elder abuse, among others. 

The Herald-Leader profiled the industry's campaign donations following stories this summer that revealed systemic gaps in the state's handling of abuse and neglect cases at nursing homes.

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Louisville Streets: Standing out as pedestrian hazard

Louisville received some unwanted attention recently in the national press, ranking in the top ten of cities found to be the most deadly for pedestrians in the United States. 

What efforts have been made since to reduce our pedestrian injuries and deaths are difficult to discover and document.  Alas, the number of pedestrians killed in car and truck accidents in Louisville, Kentucky has increased this year. After 10 deaths in 2009, this year we find 15 pedestrians killed already this year as a result of injuries sustained from a variety of accidents. 

To date, no particular reason accounts for this unfortunate increase in Louisville pedestrian fatalities. 

However, some themes are recurring, albeit the reason for the spike in accidents is unaccounted for.  Authorities say that poor visibility seems to be a significant contributing factor.  Most pedestrians are struck during the evening and in areas that have poor lighting.  Also, a high number of accidents occur at non-marked or sections of road that are not legal, or properly marked crosswalks.  Pedestrians walking at night with dark clothing or under the influence of alcohol also rank high in the accident reports.  

Officials make some obvious, but important suggestions: 

- Stay as much as possible in designated walking areas, such as sidewalks; face oncoming traffic whenever possible when you cannot stay off the road

- Stick with lighter colored clothes;

- Approach intersections with extra caution

- Drivers should avoid passing when another vehicle is yielding to a pedestrian

- Bicyclists need to also be as visible as possible and wear helmets. 

While the police will conduct an investigation of these accidents to determine the cause, it is important to hire an attorney if you or a loved one have been involved in an accident.  Many factors need to be looked into to discover if a valid claim might be involved.  Your legal rights are important, but they must be vigorously pursued to be brought to light.    

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New Tools in Accident Evidence

It appears that Congress may pass an auto safety bill, which includes a provision making EDR’s mandatory in all new cars.    Event data recorders (EDR), also known as black boxes, have become more high profile recently because of their role in the ongoing Toyota recall investigation and litigation. 

Another battle is brewing as a result and it involves the degree to which these devices should be able to preserve various vehicle-related data.  Consumer safety advocates want EDRs to record data 60 seconds prior to a crash and 15 seconds afterwards, including, provisions to make them durable enough to withstand a high-speed rollover crash and immersion in water and fire. Auto manufacturers contend these requirements would make the devices too costly to produce.  While EDR’s already exist in some vehicles, the current standards require less information collected and they are not designed to withstand the type of crashes and harsh circumstances proposed by consumer groups.  

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I-65 Makes Most Deadly List

According to the Lexington Herald Leader, Interstate 65 now ranks as one of the deadliest highways in the United States.  

Based upon fatal accidents per mile of highway, I-65 is the 37th most dangerous highway in the United States.   Ongoing construction work was cited as a factor…one of the reasons speeding fines are steep in these area.  Also, the overall need for repairs and improvements on I-65 were noted.  Many of these improvements are already slated in state budgets but are in differing stages of being Implemented.   Some areas, such as our spaghetti junction, are inherently dangerous and only extra communication (such as signage) and enhanced driver awareness can help mitigate the frequency of future incidents. 

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Citations for Kentucky Nursing Home

The Kentucky Cabinet for Health and Family Services’ Office of Inspector General has issued a type A citation – its most serious – after the death last month of a Paintsville nursing home resident from injuries suffered from a fall. 

This variety of citation indicates that a resident's “life or safety has been endangered” because of violations of state regulations.  The nursing home receiving the citation on Nov. 3rd  is Mountain Manor of Paintsville.  

While the resident was assessed upon admission to be at high risk for falls, the resident apparently attempted to get out of bed, despite “…any interventions implemented to prevent the resident from falling."  

Hospital records, the citation said, showed that the resident suffered broken bones around the eye and six broken ribs.  A physician informed state investigators that the resident developed lung complications as a result of the broken ribs and died on Oct. 26 because of complications from the fall.  "The facility failed to maintain an environment free of accident hazards, as evidenced by the continued use of side rails for a resident who had attempted to exit the bed multiple times, climbing around the side rails," the citation said. 

A total of 26 Type A citations have been issued statewide since January 1, which have been obtained by the Herald-Leader under the Kentucky Open Records law.  Of these, there were two other cases of deaths and six injuries or situations that required hospital treatment.  Two of the citations reported sexual abuse.

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Kentucky goes after unsafe rigs

Whenever a commercial vehicle is involved in a crash, due to their sheer weight advantage over passenger vehicles, the chances of someone being killed increase dramatically. 

In July of 2010, a division of the Kentucky State Police known as Commercial Vehicle Enforcement, joined with Indiana and Ohio enforcement personnel in a multi-state effort aimed at improving the safety of the interstate system specifically relating to commercial vehicles (primarily semi-trucks). 

The main issues targeted for safety compliance concerned tractor-trailers, International Fuel Tax (IFTA) violations and vehicle over-weight violations.  In one 24 hour period, fifty-one tickets and 21 warnings were issued for over-weight violations, and 14 tickets and 10 warnings were issued for fuel tax violations.  State troopers also targeted drivers of passenger vehicles who were driving in an unsafe manner around commercial vehicles. 

During the 24 hour enforcement period in Kentucky, of 395 commercial motor vehicles inspected, 161 traffic citations and 24 warnings were written. Of the 395 commercial vehicles inspected, 627 violations were discovered and 25 drivers and 75 vehicles were placed out of service. 

Rogue trucking companies that do not follow the safety rules do exist.  Their negligence is often hidden behind broken regulations and disregard for accepted practices....issues that not every lawyer is familiar with handling on a regular basis. So, it is important to contact an attorney that specializes in these types of cases. Contact Michael Greene to discuss your case.  

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Disabled Rigs - Another Significant Danger

Kentucky experienced another fatal accident involving a disabled tractor-trailer in June. This is the second fatality caused by a vehicle colliding with a stalled big rig this week. 

A woman from Alabama was killed and her husband was injured when their recreational vehicle collided with a disabled tractor-trailer.  The rig had stopped in the northbound emergency lane of Interstate 65 in Scott County, Indiana.  The crash occurred shortly before midnight Tuesday near the Clark County line, Indiana State Police said.  The deceased woman was a passenger in the RV being driven by her husband, who was taken to University Hospital in Louisville for treatment of non-life threatening injuries.  

The tractor-trailer driver had activated his emergency flashers and put out reflective markers. He had called for roadside assistance and was awaiting help to arrive when the crash occurred.

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Insurance Rates Often Tied to Credit Scores

Yes, improving your credit score can help to lower your insurance rates. 

Companies use your credit scores in a variety of ways. Some companies use it for ratemaking or underwriting - others do not use it at all.  Consumer watchdog groups argue the policy unfairly targets those with poor credit, who may otherwise be no more risky than other policyholders.

Credit-based “insurance scores” are used to gauge the risk of you filing a claim and calculating insurance losses.  Not all of the credit data is used in these situations.  Unlike a FICO score, most insurance companies use different models to arrive at the level of risk they are assuming for any particular policy holder.  Only 20 to 30 factors are used to calculate your insurance score, whereas over a hundred are used in financial credit scoring.  Typical factors considered:

- Length of credit history and new credit applications

- Total outstanding debt

- Late payments

- Bankruptcies and collection activity 

Federal law prohibits consideration of such criteria as a consumer’s income, race, age, nationality and marital status. 

Often, people who pay for most things with cash, or are credit-shy, will be penalized by this approach because their scores are lower or neutral.  Regardless of your attitude on these insurance industry practices, it pays to manage you credit wisely so that you can afford adequate coverage.