Posts tagged lawsuit
Follow-up to Survey of Kentucky Cyclists' Fears

Earlier this year, I asked Kentucky cyclists what their greatest fears were. In a totally unscientific tallying of the responses, here's my impression: The two most commonly cited fears were, unsurprisingly, getting hit by a moving car and getting doored. I can sympathize. I'm looking in the rear window of every single parked car I ride past  to see if there is a driver getting ready to exit the vehicle and throw me into traffic. 

I also asked what Kentucky cyclists fear that I had not considered. Boy, you all are creative bunch. Among the things you fear (and that I now have to consider) are:  

  • Handle bars torque while at top speed going downhill.
  • Vision impaired in both eyes due to cloud of gnats.
  • Having your butt crack peek out of your pants as you bend forward to reduce wind resistance.
  • Having a can thrown at you from a passing car window, looking down and then being smashed by a semi only to then have a bee sting you! 
  • Being lasso'd in the middle of fricken nowhere and thrown in the back of a truck of a psycho woman and carted off to some hole in the ground.
  • When in Kentucky... being bitten by dogs.
  • Unexpected rain.
  • River Road and people from the East end.
  • I can't say that every single thing on this list is actionable in a court of law, but if you or a bicyclist you know are injured by a driver's carelessness, please, get a lawyer. If it's me, great. If not, that's fine, too. But, you need to get a lawyer so that the driver compensates you for all of your injuries. This includes your medical bills, lost time at work, property damage, and your physical pain and emotional suffering. 

     

     

     

The ACLU Wins One for Kentucky Voters

Still reading the Order granting the Plaintiff's Motion for Summary Judgment myself.  

Definitely in awe of Bill Sharp, Dale Ho, and Laughlin McDonald. 

For the reasons set forth below, this three-judge district court shall GRANT Plaintiffs’ Joint Motion for Summary Judgment, DECLARE that the 2002 state legislative electoral districts are presently unconstitutional, and permanently ENJOIN any future election from being conducted pursuant to these districts. Importantly, this Order does nothing to prevent the Kentucky General Assembly from crafting redistricting legislation during the August 19, 2013 special legislative session. What it does do is prevent the General Assembly
from falling back on lines that will be over a decade old if they fail.
Bicycling Lawyer in Louisville, Kentucky

Today was my first day of cycling to work. New house + new office = new commuting opportunities.

I'm a bicycling lawyer and I sue reckless or negligent drivers. 

I'm a bicycling lawyer and I sue reckless or negligent drivers. 

I rode my bike every day to law school down Nicholasville Road in Lexington, so I'm accustomed to riding in traffic. But, I have found Louisville to be uniquely unfriendly to cyclists. On-street parking makes the possibility of getting doored everpresent and there are no protected bicycle lanes. If Louisville is going to grow into the Possibility City it aspires to be, we have to do a better job accommodating cyclists. 

The tragedy here is that Louisville would make a GREAT cycling city if it invested in bicycling infrastructure. The river, the views, the neighborhoods, the usually-gentle weather, and the relatively flat terrain all make Louisville perfect for cyclists. 

It took me 20 minutes and 45 seconds door-to-door (my route). I could have ridden faster, but cycling to work is a delicate balance of a number of factors: a) reducing your time in the seat while b) regulating body temperature so your officemates don't vote you and your B.O. off the office island and c) being safe.  

Speaking of being safe, I want to take a moment to rant about cyclists and motorists. Riding into work, I thought, "Maybe I should get a big patch made for my bag that says,

I'm a lawyer and I sue reckless drivers.

bencarterlaw.com

I wondered if that might give me a modicum of added protection against abuse by motorists. At the same time, I have seen some dumb, dumb, dumb cyclists in Louisville recently. Last Saturday, one woman was just riding at her leisure down the center of Frankfort Avenue heading north. In my car, I pulled up beside her and said, "'Share the road' goes both ways, you know." I'm not normally a dick, but that was a real dick move on her part. Obnoxious cyclists alienate drivers and make them more likely in the future to not respect cyclists. In a way, I felt like saying that to her was an act of self-protection. Listen: whether you're a cyclist or a driver, just don't be a dick. 

Having stated that rather obvious truth, if you are a cyclist that has been injured by the negligence or recklessness of a driver in Kentucky, contact me. Unfortunately, Kentucky is not a very bicycle-friendly state and you do not have the same rights and protections here as in other places. You still have the right to file a lawsuit and make the driver pay for his or her negligence or recklessness. Let me help you do just that.