Motorcycle Awareness can Reduce Crashes

Although a recent report indicates motorcycle fatalities are on the decline, motorists still need to be reminded that they share the road with their two-wheeled neighbors on the road. I think the drop in motorcycle deaths likely reflects that motorcycle riders are paying more attention to safety by taking training courses, driving sober and wearing helmets and other protective gear – but other drivers have responsibility as well.

The fact is that many motorcycle accidents, injuries and deaths are caused by the car or truck driver failing to see the motorcycle or reacting too slowly to the motorcycle’s presence. So, we have to stay vigilant in raising drivers’ awareness of motorcycles. I founded the Lexington personal injury law firm, Frank Jenkins Law Office, in order to represent motorcycle accident and other vehicle accident victims in Fayette County and throughout Kentucky.

And although the report is “good news”, motorcycle safety advocates should not get overly excited about the report issued this week by the Governors Highway Safety Association, which found that the nation’s motorcycle fatalities have fallen for the second straight year after 11 straight years of increases. The report analyzed preliminary data from all 50 states and the District of Columbia, and found that motorcycle fatalities for the full year nationwide are expected to be 4,376 or fewer, a decrease of at least 2 percent from the 4,465 fatalities of 2009.

In Kentucky, motorcycle deaths dropped to 66 in the first nine months of 2010, or 12 fewer than 2009. Which is great news. However, the decline in motorcycle fatalities is short of the 16 percent drop in 2009, and according to the report, the rate of deadly motorcycle wrecks was actually higher in the second half of 2010 than in the first part of the year. So even though the report is encouraging, we still have to be cautious about the numbers. To me, this report indicates that we’re making strides in motorcycle safety – but we can do better.

Motorcycle Awareness Month in May is the perfect time to inform the public about the need to be more aware of motorcycles. It’s also a time to remind motorcycle riders that they deserve to be compensated for their injuries when they are harmed by a motorist who has negligently or recklessly failed to respect their presence on the road.

Following too closely, turning ahead of the motorcyclist and running the bike off the road are examples of accidents caused by other vehicle drivers. Because motorcycles are significantly outweighed by cars and trucks, and because motorcyclists generally lack protection – even when wearing a helmet – a motorcycle accident can be tragic.

That’s why our law firm is committed to securing compensation for motorcyclists and their families when they are the victims of another’s carelessness.

3rd Readers' Choice Award in a Row

I'm happy to report that the Frank Jenkins Law Office has won the "Favorite Attorney" award in the 2010 Readers' Choice Awards through Kentucky.com, the website for the Lexington Herald-Leader.

This award is won by whomever gets the most votes from readers, either mailed in or through the website. People from all over Lexington and Central and Eastern Kentucky vote on this award, so I am very proud to win it, now for the THIRD year in a row!

We try very hard to provide the best in client service, and I believe winning this award shows that we succeed in taking good care of our clients.

I you've been injured in a car wreck or at work or in any other way, please don't hesitate to give us a call to talk about your injury case. Call toll-free at 1-800 CAR WRECK; local at 859-389-9344; or visit our website at www.frankjenkinslaw.com

Should you "go to court" on your KY injury claim?

When you’ve been injured due to someone else’s carelessness, you already have a lot on your mind: How to pay for medical bills? Who will pay my bills while I can’t work? Who’s going to drive the kids to practice? Or daycare?

Then another question arises, later in the process: Should you settle your injury case, or Go to court?

There is no easy answer to this one.

Once you’re finished with medical treatment, your attorney should promptly put together a settlement package to send to the insurance company. If this “takes forever”, then that’s a bad sign about your lawyer.

Later, when the insurance company makes a settlement offer, discuss it at length with your attorney. Ask questions. It usually takes several rounds of back-and-forth before a reasonable offer is obtained.

Okay, then what? If you’re not satisfied, what do you do? Your attorney should explain all the potential outcomes. Is the insurance company’s offer reasonable? Should you accept the offer, or file a lawsuit? If you feel like you are being reasonable, but your attorney is “strong-arming” you, then that is another bad sign about your attorney. (Of course, the key is for you as the client to be reasonable and realistic. Insurance companies never pay what you think your injury deserves.)

Ask your lawyer if she thinks the offer is reasonable. If the lawyer says it’s too low, then you should file suit. But keep in mind: There are no guarantees! You could lose your case at trial and end up with nothing. Also, pursuing a lawsuit is expensive. Your lawyer will probably pay your expenses along the way, but when the case settles or wins at trial, you will have to repay the expenses, on top of your attorney fee.

Different insurance companies do things differently. Some will pay fair settlements without you having to go to court, but some won’t. Nowadays, it’s common to have to file a lawsuit to in order to get fair value on an injury claim. Talk this over with your lawyer early on! Ask them if they are willing to go to court if necessary. Then when the time comes, hold them to it!

7 Mistakes Car Wreck Victims Make in Kentucky

This is like Letterman’s Top Ten List, but it’s no laughing matter. Once a crash happens, there are things you need to do, and things you need to avoid doing, that are important:
1. Failing to take action at the crash scene to preserve your rights will hurt your case. Make sure the police know your side of the story, and that your account gets documented in the accident report. Check to make sure others are okay, but do not discuss fault for the wreck with anyone other than the police;
2. Failing to document all of your injuries, medical treatment, and symptoms will hurt your case. Write down everything you remember about the crash as soon as you get home. Remember, you can only be compensated for what you can prove;
3. Failing to get medical treatment for your injuries. Many people have symptoms soon after a wreck, but they hold off getting medical treatment in the hope that the pain will go away. Do not make this mistake! Get treatment for your injuries promptly and do what your doctor tells you to do;
4. Talking to an insurance adjustor before talking to an attorney is not smart. Do not give a recorded statement and do not sign anything until you seek legal advice;
5. Failing to hire a qualified and experienced lawyer. Lots of people fail to hire an attorney because they don’t want to pay the fee. But if you don’t have a lawyer, you won’t know if you’re getting a fair shake from the insurance company. Hire a lawyer who concentrates in injury law;
6. Not being fully honest with your lawyer. When a client fails to tell their lawyer about ALL past injuries they’ve had, it hurts their case. You MUST tell your lawyer everything, and do it EARLY on;
7. Exaggerating your injuries will BADLY hurt your case. In an injury case, as in life, the best practice is to be totally honest. The fastest way to ruin your case is to over-blow your injuries, so that doctors end up not believing anything you say.

If you are involved in a car wreck, and especially if you get injured, you need to avoid making the mistakes listed above. I hope this information helps, and I wish you safe driving!

If you have been injured in a car wreck, call the Frank Jenkins Law Office to get your questions answered. Call toll-free: 1-800 CAR WRECK (227-97325) or visit our website at www.frankjenkinslaw.com
You can also get my information-packed books FREE:
"7 Mistakes Car Wreck Victims Make in Kentucky, and How to Avoid Making Them"
and my NEW book: "The Ultimate Guide to Buying Auto Insurance in Kentucky"

Just call or visit our website, request one or both books, and we'll send them to you FREE!