Motorcyclist killed, passenger injured when sedan turns in front of them

August 27, 2013
, by Aaron Sachs & Associates, P. C.

Suzuki.jpgAs Kansas City auto accident lawyers, we know that Missouri motorcyclists are extremely vulnerable to serious, life threatening injuries when they are involved in collisions with passenger vehicles. Since riders don't have the protection of an enclosed vehicle, they frequently suffer from head injuries, broken and fractured bones, and serious skin damage (also known as road rash) when these accidents occur. Unfortunately, many Missouri motorcycle accidents occur when a larger vehicle attempts to turn left in front of an oncoming rider - often because the other driver simply doesn't see the motorcycle until it's too late.

Recently, a New York motorcyclist was killed and his passenger suffered extensive injuries when their 2004 Suzuki struck a sedan that turned left in front of them. According to The Batavian, the occupants of the Suzuki were both ejected from their motorcycle when it struck the left-turning sedan on its passenger side. Authorities say 19 year-old Derek Sheldon was pronounced dead at the scene, while his passenger, 19 year-old Ashley Stillwell, was life-flighted to a nearby hospital, where she is listed in critical condition. The sedan's driver was uninjured in the crash, and the accident remains under investigation.

Sadly, motorcycle accidents like this one are not uncommon: in fact, they're on the rise [link to]. Consider these statistics:

• According to the National Highway Transportation Safety Administration (NHTSA), people are 37 times more likely to die in motorcycle accidents than in other kinds of vehicle crashes.
A 2012 study by the Centers for Disease Control and Prevention (CDC) revealed that there has been a 55% death rate increase in motorcycle fatalities since 2000.
• In 2010, 4,502 people were killed in motorcycle accidents nationwide.

In recent years, the population of motorcyclists has increased dramatically on roadways throughout the country. The Motorcycle Industry Council data has seen a drastic jump in the number of motorcycles registered in comparison to previous years. Many analysts believe that the economy factors in to this increase, with motorcycles offering motorists a less expensive mode of transportation.

More bikes on the road, however, can mean more crashes. Motorcycle accidents commonly result in injuries and fatalities, especially when they involve other passenger vehicles like cars and truck. Because of the way motorcycles are designed, riders are more exposed to the elements and therefore more vulnerable to serious injury.

Continue reading "Motorcyclist killed, passenger injured when sedan turns in front of them" »

Pedestrian alcohol use a key contributing factor in many auto accidents, research shows

August 13, 2013
, by Aaron Sachs & Associates, P. C.

crosswalk.jpgAs Kansas City personal injury lawyers, we know that pedestrians are extremely susceptible to life-threatening injuries in Missouri car accidents: after all, a person is no match for a motor vehicle. Recent federal research suggests that pedestrian accidents are on the rise nationwide, and identifies a key contributing factor: pedestrian alcohol use.

According to new data from the National Highway Traffic Safety Administration (NHTSA), the number of fatal car accidents has decreased over the last 10 years, but the number of pedestrian fatalities has risen by three percent. What's more, more pedestrians who are killed in traffic crashes are proving to have a blood alcohol content (BAC) at or above the legal limit. In 2011, approximately 37% of pedestrians who suffered fatal injuries in auto accidents (about 1,500 people) had BACs of 0.08% or above.

Jonathan Adkins, spokesman for the Governors Highway Safety Association (GHSA), told USA today that anti-drunk driving campaigns could be encouraging pedestrians to walk home - rather than drive home - if they've been drinking. However, Adkins is quick to note that alcohol can have a negative impact on pedestrians' decision making and reaction time, just as it does for drivers. As a result, intoxicated pedestrians are more likely to cross the street in a dangerous place, for example, or attempt to "beat" an oncoming vehicle. "What [the data] says to us is that nationally we've done a good job of educating people about the dangers of drunk driving, but we haven't done such a good job of reminding them that other drunk behavior, including walking, can be just as dangerous," Adkins said.

In response to the new data, NHTSA is offering individual states a chance to apply for a total of $2 million in grants to fund pedestrian safety education and enforcement programs in 22 specific cities that reported the highest number of pedestrian fatalities, according to U.S. News and World Report. St. Louis is the only Missouri city that appears on the list.

Pedestrian accidents: The facts

• The Insurance Institute for Highway Safety (IIHS) reports that 4,432 pedestrians were killed and an estimated 69,000 were injured in 2011 U.S. motor vehicle accidents.

• The hours after dark appear to be the most dangerous time for pedestrians. About 70% of 2011 pedestrian deaths occurred at nighttime, and approximately 39% of pedestrian fatalities happen on weekend nights, while 27% happen on weekday nights.

• Fatal auto accidents involving pedestrians are more likely to happen in urban environments, with three out of four pedestrian deaths occurring in urban areas like Kansas City.

• Pedestrians who don't use crosswalks are more vulnerable to car accident injuries: 70% of pedestrian fatalities happen in areas away from marked intersections.

• Men are more likely suffer fatal injuries in pedestrian/vehicle collisions. More than two-thirds of pedestrians killed in these collisions are men.

Continue reading "Pedestrian alcohol use a key contributing factor in many auto accidents, research shows" »

Three children injured after car plows into Kansas City day care facility

August 1, 2013
, by Aaron Sachs & Associates, P. C.

As Missouri personal injury lawyers, we know that car accidents can have devastating consequences for vehicle occupants. This week, however, a Kansas City crash caused a sequence of events that ended with a car crashed through the wall of a day care facility full of young children. On Tuesday, four people were injured - including three children - when the vehicle slammed into Christian Academy Child Care on East 27th Street. According to the Kansas City Star, a 74 year-old man was behind the wheel of a Range Rover when he rear-ended a parked Cadillac, causing the Cadillac to strike a wooden utility pole and plow through the wall of the day care. About 40 children were inside the facility at the time of the crash: two children, who were reportedly napping in the room the Cadillac struck, were pinned under the car, and a third child was also taken from the scene by ambulance.

More than 20 emergency vehicles responded to the incident. A spokesman for the Kansas City Fire Department told the Star that air bags and other extrication equipment were used to free one of the trapped children, and an off-duty police employee was able to rescue the second child with the assistance of several Good Samaritans.

All three children and the driver of the Range Rover were hospitalized with non-life threatening injuries. The mother of one of the injured children (five year-old Zyaire Davis) reported that her son had a fractured hip along with several scrapes and abrasions on his face. The three young victims have since been discharged from Children's Mercy Hospital, but no details about the elderly driver's medical condition have been released.

The collision also left the utility pole at a 45 degree angle: several power lines were ripped down, which left several residents in the vicinity without power for about eight hours after the crash. Once the day care had been evacuated, emergency responders were forced to use beams of cut lumber to stabilize the facility. The building, which is located east of downtown Kansas City, has since been deemed dangerous. The owners of the building are reportedly working with city officials to make the necessary repairs and ensure the facility is safe and habitable once again.

Continue reading "Three children injured after car plows into Kansas City day care facility" »

Serious injuries a common consequence of Kansas City car-bicycle accidents

July 5, 2013
, by Aaron Sachs & Associates, P. C.

car_and_bike.jpgBicycling is one of the most popular outdoor activities in the U.S. After all, there are a number of good reasons to ride a bike, including exercise, entertainment, and environmentally-friendly transportation. However, our Kansas City personal injury lawyers want to remind everyone on the road to make bicycle safety a priority, especially during the summer months. Because they lack the protection of an enclosed vehicle, cyclists are extremely vulnerable to injury when accidents occur.

Recently, a young woman was killed and six others were injured when a driver crashed into a group of 13 cyclists near McCrory, Arkansas. Authorities say 21 year-old Teagan Martin crossed the centerline of Highway 17 and struck the cyclists, who were on a cross-country trip from Charleston, South Carolina to Santa Monica, California. Three people were airlifted from the scene in critical condition, and four were transported to local hospitals by ambulance. One cyclist, 18 year-old Merritt Levitan, later died as a result of her injuries. Police continue to investigate what may have caused Martin to veer across the roadway, although they have ruled out alcohol use as a contributing factor. Since the accident occurred during the daytime on a flat stretch of the highway, authorities are working to determine whether another factor - like cell phone use - may have played a role.

Here in Kansas City, city officials have worked actively to promote bicycle safety for about 11 years. In June, the City Council approved a plan to add about 12 miles of bike lanes through the streets of downtown KC, which will include links to the east side and suburbs. According to the Kansas City Star, bicycle safety advocates hope these new lanes will work to reduce bicycle-car accidents and encourage more cyclists to utilize their bikes for transportation by creating a safer atmosphere for riders. In addition, 40 bicycle racks have already been installed in the city parks and garages.

So, what else can Missouri cyclists do to safeguard themselves against injuries? Here are a few basic tips to keep in mind:

• First and foremost, always wear a helmet. Helmet use is the most effective way to prevent serious head injuries, which are a common consequence of bicycle accidents.

• Check the brakes on your bicycle and ensure they are in good working condition.

• Remember, bicycles can stop more quickly than motor vehicles: never assume that a driver will be able to brake in time to avoid a crash.

• Both cyclists and drivers must stay aware of one another on our city's roadways to ensure safe travel for all. Cyclists should always stay in their designated lane and avoid riding in other motorists' blind spots.

• Ride with the flow of traffic. Riding with traffic makes it much easier for cyclists to follow traffic control devices like signs and stop lights.

Continue reading "Serious injuries a common consequence of Kansas City car-bicycle accidents" »

Hit and run accidents involving pedestrians often cause serious, life-threatening injuries

June 21, 2013
, by Aaron Sachs & Associates, P. C.

869423_pedestrian_crossing.jpgAs Kansas City personal injury lawyers, we know that being involved in a serious car accident can be an extremely traumatic experience. But when the driver who causes the crash leaves the scene, the ordeal can be all the more overwhelming.

In recent weeks, there have been numerous hit and run accidents involving pedestrians throughout Missouri. Since school is out and the weather is warming up, drivers should expect to see more pedestrians - particularly children - outside taking advantage of the sunshine. Residential neighborhoods are seeing more foot traffic, which means it's imperative for motorists to obey speed limits in residential areas and to be aware of people near and around the roads. When a pedestrian accident occurs, motorists have an obligation to stay at the scene of the accident, or else the collision is considered a hit and run.

Recently, two serious hit and run pedestrian accidents occurred in the St. Louis area. On June 16, a two year-old boy was pronounced dead after he was struck by a hit and run driver in St. Louis County. According to the St. Louis Post-Dispatch, Darion Griffin was playing in his grandmother's front yard when he attempted to cross the street to play with a relative and was hit by an SUV. The boy's 17 year-old aunt was also struck as she tried to pull Darion out of the vehicle's way. Both were rushed to the hospital, where Darion was pronounced dead and his aunt was treated for minor injuries. The driver of the SUV, who was reportedly speeding and driving without a valid license, turned himself in within a few days of the incident. He has been charged with leaving the scene of an accident and is being held on $50,000 bail.

A similar accident occurred in St. Louis only a week earlier. The Post-Dispatch reports that a pregnant woman and a six year-old boy were injured in a residential neighborhood on June 10 when they were hit by a driver who fled the scene. Both victims were taken to hospitals, where the 23 year-old woman was treated for internal injuries and the boy was treated for a broken leg and internal injuries. Both are listed in serious but stable condition, and the woman's unborn child was reportedly unharmed. Investigators subsequently located the vehicle involved and arrested the driver, 34 year-old Menkara Rahman, for leaving the scene of an accident. Rahman is being held on a $35,000 cash-only bail.

Residential roads typically have lower speed limits than commercial streets because there is more pedestrian activity on and around residential roads. Unfortunately, residential accidents have increased due to speeding in neighborhoods. According to the National Highway traffic Safety Administration (NHTSA), pedestrian fatalities in neighborhoods are three times more likely when a driver's speed increases from 25 mph to 30 mph. Sadly, many speeders that cause residential accidents live in the neighborhood where these collisions occur.

Continue reading "Hit and run accidents involving pedestrians often cause serious, life-threatening injuries" »

Avoid Missouri boating accidents: Make water safety your top priority

June 7, 2013
, by Aaron Sachs & Associates, P. C.

866691_seattle_boating_2.jpgHere in Kansas City, the temperature is definitely warming up as the first day of summer quickly approaches. Over the weeks ahead, many Missouri residents will be out to enjoy our state's lakes and rivers. Missouri waterways are popular sources of recreation during the summer months, and many visitors and residents will participate in water activities from boating to floating. As Kansas City personal injury lawyers, we want to remind those partaking in water activities to keep water safety in mind: doing you will help you protect yourself and others on the water.

The Missouri State Highway Patrol is participating in a national campaign, Operation Dry Water, to help raise and promote waterway safety. Operation Dry Water focuses on reducing the operation of watercrafts while under the influence of drugs or alcohol by coordinating special patrols during the last weekend in June. Boating under the influence (BUI) is a serious offense and is punished similarly to driving under the influence. Boaters with a blood alcohol level of 0.08% or above will be arrested for BUI.

The Operation Dry Water initiative involves more than 4,500 officers from 505 different local, state and federal law enforcement agencies. During Operation Dry Water Weekend 2012, officers nationwide arrested 337 boat operators for boating while intoxicated. Twenty of those arrests were in Missouri alone. If you are drinking while on the water, remember to have a designated driver and never operate any motor vehicle when you're under the influence.

In addition to alcohol use, there are other factors that can create increased safety risks when you're on the water. For example, docks can pose a threat to boaters who don't use proper caution - in fact, a rickety or poorly wired dock can be extremely dangerous. Fire station 1 in Osage Beach has estimated that 75% of docks on the Lake of the Ozarks do not meet dock inspection requirements. To eliminate the number of unsafe docks, the Fire District has proposed an expansion of current dock inspection requirements and inspection frequency. This new proposal would require dock inspections yearly and enforce stricter safety standards when docks are built, relocated or remodeled. Safety officials want to focus increased attention on regulating and upgrading electrical systems. Be sure to have your dock inspected prior to the summer season, and keep an eye out for potential hazards (like low-hanging electrical lines).

We encourage you to get out and enjoy the water this summer, but please do so safely. When you're operating a personal watercraft, take steps to create a safe environment for yourself and others on the waterway. Always wear a personal flotation device or life jacket, avoid alcohol, be aware of other watercrafts near you, and operate your vessel at safe speeds. It's also wise to prepare a back-up plan in case of an emergency: boat with friends and/or family, and notify someone off the water of your plans. Also, always be careful around docks and be aware of electrical risks. Finally (and importantly), remember to drink responsibly.

Continue reading "Avoid Missouri boating accidents: Make water safety your top priority" »

Distracted driving accidents caused by sneezing?

May 24, 2013
, by Aaron Sachs & Associates, P. C.

894326_sneeze.jpgAs Kansas City personal injury lawyers, we know that distraction is a contributing factor in many Missouri auto accidents. However, in certain crashes, the source of the driver's distraction comes from places you might not expect.

Last November, a woman's sneezing attack led to a fatal auto accident in the Kansas City area. Authorities say the crash happened when Kathryn Brady had a sneezing fit while driving on a Smithville, Missouri highway. Brady then swerved across the highway's center line, striking another car head on. The other driver, 30 year-old Laura McClendon, died as a result of her injuries. In addition, McClendon's one year-old son was hospitalized in serious condition and was ultimately left paralyzed. Brady was charged with careless and imprudent driving and failing to have car insurance, and recently she was sentenced to two years of probation and 100 hours of community service for causing the crash.

Car accidents caused by sneezing aren't exactly common, but they do happen. Recently, in Maine, a similar accident occurred when a driver's sneeze caused her vehicle to cross a highway centerline and strike another car. Luckily, no one was seriously injured in that crash. The state police reported that the accident could have been fatal, but both drivers were following the speed limit and wearing their seatbelts.

When we think of distracted drivers, we tend to think of cell phones, but some of the most common distractions are attending to bodily functions. According to research from the Health Protection Agency, sneezing behind the wheel can be equivalent to a motorist traveling blind for 50 feet. To prevent a sneezing attack from causing an auto accident, always maintain a safe following distance. In good conditions (sunlight, dry roads, and low traffic), follow the "three-second rule." To determine if you are the appropriate distance behind a vehicle, first locate a fixed object along the roadway. Then, when the car ahead of you passes that object, count to see how many seconds it takes you to pass the object yourself. However, if driving conditions are less than ideal - or if you are feeling ill - it's wise to extend the three-second rule to six-seconds. Allowing more space between your vehicle and the cars ahead of you will give you more time to react, if a sneezing or coughing attack comes on suddenly. Of course, if you feel an attack coming on, pulling off the road is often the safest choice.

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Driver charged with DUI, murder, assault for causing fatal motorcycle accident

May 6, 2013
, by Aaron Sachs & Associates, P. C.

904598_escaping___.jpgMotorcycle season is now in full swing, and our Kansas City personal injury lawyers want to remind area drivers to be on the lookout for motorcyclists on our area roads. When motorcycle accidents occur - especially when other passenger vehicles are involved - riders are considerably more vulnerable to life-threatening injuries than other motorists, simply because there's very little to protect them from the force of impact. In fact, the Insurance Institute for Highway Safety reports that per mile traveled in 2010, the number of motorcycle fatalities was about 30 times the number of deaths in cars.

This week, a Kentucky man was arrested after police say he caused a fatal motorcycle accident and then left the scene on foot. According to WAVE 3 News, 27 year-old Genaro Herrera Hernandez has been charged with murder, assault, wanton endangerment, criminal mischief, driving without a license, leaving the scene of an accident and driving under the influence. Police say Hernandez was behind the wheel of a northbound vehicle when it crossed the roadway center line and struck a motorcycle head-on.

The driver of the motorcycle, 62 year-old Philip Frey, died as a result of blunt force trauma caused by the crash. Frey's female passenger was also hospitalized with injuries but is expected to recover. After the collision, a witness reportedly saw a man walking away from the scene, and investigators later located Hernandez, who had injuries consistent with being involved in a car accident.

Missouri motorcycle accidents: The facts

• The National Highway Traffic Safety Administration (NHTSA) reported an increased number of motorcycle fatalities in 2011. Nationwide, 4,612 riders were killed, accounting for 14% of all auto accident fatalities for the year, and about 54% of those riders died in accidents involving other motor vehicles.

• Of all 2011 auto accidents in Missouri, 36% resulted in an injury or a fatality. In contrast, 80% of 2011 Missouri motorcycle accidents resulted in injury or death. Throughout the year, 82 motorcyclists were killed and an additional 2,166 were injured in traffic accidents.

• Head-on collisions with other passenger vehicles are among the most deadly of all motorcycle accidents. About 56% of all motorcycle fatalities occur when a motorcycle collides with a car or truck head-on.

Continue reading "Driver charged with DUI, murder, assault for causing fatal motorcycle accident" »

Hit and run driver receives prison time for causing fatal bicycle accident

April 27, 2013
, by Aaron Sachs & Associates, P. C.

824006_tire_1_3.jpgOur Kansas City personal injury lawyers know that bicycle accidents can have catastrophic consequences, especially when larger motor vehicles are involved. In fact, about one-third of all bicycle accidents occur when a passenger vehicle collides with a cyclist. And since bicyclists lack the protection of an enclosed vehicle, they are particularly vulnerable to serious, life-threatening injuries when these accidents occur.

Recently, a California man was sentenced to five years in jail after he pleaded guilty to one felony count of hit and run resulting in a fatality and one misdemeanor count of vehicular manslaughter without gross negligence. The Los Angeles Times reports that 40 year-old Michael Lopez struck rear-ended a bicyclist in September 2012 and then left the scene. Within three days, investigators were able to identify Lopez by reviewing surveillance video that was taken near the scene.

The victim, 57 year-old Dr. Catherine Campion-Ritz, was thrown from her bike onto the roadway on impact. She died of her injuries a few hours after the crash. During Lopez's trial, his attorney argued that drugs and alcohol were not involved and that the collision was simply a tragic accident. However, prosecutors pointed out that there's no way of knowing if Lopez was under the influence, because he fled the scene following the crash.

In response to Campion-Ritz's death, California Assemblyman Allan Mansoor authored a bill that would have increased criminal penalties for drivers who flee the scene of fatal accidents, adding an additional five year prison term to vehicular manslaughter convictions. However, the bill was shelved because the California's Senate Committee on Public Safety has a policy that prevents the consideration of new legislature that would contribute to the state's current prison overcrowding problem.

In Missouri, leaving the scene of an accident is a class D felony if the accident resulted in injury or property damage in excess of $1000, or if the driver has been previously convicted of a hit and run offense. Class D felonies are punishable by up to five years in prison. In addition, these drivers may be subject to personal injury or wrongful death lawsuits filed on their victims' behalf.

Continue reading "Hit and run driver receives prison time for causing fatal bicycle accident" »

Parents of teen killed in pedestrian accident awarded $90 million in wrongful death lawsuit

April 20, 2013
, by Aaron Sachs & Associates, P. C.

263348_school_bus_stop_sign.jpgAs Kansas City personal injury lawyers, we know that pedestrians are especially vulnerable to serious, life-threatening injuries when they're involved in motor vehicle accidents. Sadly, a significant number of these accidents involve school-age children. This week, a Maryland family was awarded $90 million in a wrongful death lawsuit stemming from the death of their teen daughter in 2009. According to the Washington Post, a jury granted the award to the family of 13 year-old Ashley Davis, who was struck by a vehicle as she crossed the street to catch her school bus. Davis reportedly suffered serious injuries in the accident and died two weeks later.

Ultimately, Davis's parents filed a wrongful death lawsuit against the Prince George's County Board of Education, alleging that the school system failed to "provide a safe bus stop for students who lived on the north side of Brinkley Road." After Davis's bus driver "persistently negligently failed to stop at the appropriate stop," the young girl was forced to cross the street to catch a different school bus - which is what she was doing when she was struck. This incident reportedly came after years of complaints from area parents about the unsafe routes students had to use to get to school, and the Post reports that the district recently cut the number of available bus stops by 2,350.

"The school board was negligent," John Costello, attorney for Davis's parents, told NBC Washington. "They had adopted a policy to provide for safe transportation. The policy was they were going to pick up Ashley on her own side of the street. They never did. They forced her to cross the street. She got killed crossing the street."

Facts about pedestrian accidents:

• The Centers for Disease Control and Prevention (CDC) reports that pedestrians are 1.5 times more likely to be killed in auto accidents than vehicle occupants.

• According to the National Highway Traffic Safety Administration (NHTSA), 4,280 pedestrians were killed and an estimated 70,000 more suffered injuries in 2010 motor vehicle accidents nationwide. Pedestrians accounted for about 13% of 2010 crash fatalities.

• Of children age 14 and under who died in 2010 accidents, about one-fifth (21%) were pedestrians.

• Safety experts say parental involvement and education is the best way to prevent child pedestrian injuries in fatalities. To find some helpful resources and useful safety tips, click here to visit Safe Kids USA.

Continue reading "Parents of teen killed in pedestrian accident awarded $90 million in wrongful death lawsuit" »

Distraction remains a serious roadway safety issue in Missouri & nationwide

March 21, 2013
, by Aaron Sachs & Associates, P. C.

312490_man_talking_on_the_cell_phone.jpgIt's no secret that distracted drivers pose a serious threat to roadway safety. Federal research reveals that using a cell phone while driving (either handheld or hands-free) impairs a driver's reaction time as much as having a blood alcohol content of 0.08%. In this post, our Kansas City personal injury lawyers discuss recent research on the problem of distracted driving and recommend a few strategies to help Missouri drivers avoid distraction-related crashes.

Americans and cell phones: Statistics from the Pew Research Center

• 2012 findings from the Pew Research Center's Internet and American Life Project indicate that approximately 87% of adults in the U.S. now own a cell phone.

• Of that number, about 45% own a smartphone, and 55% report using their mobile phones to access the internet (nearly double the number reported in 2009).

• Americans send almost 200 billion text messages every single month (up nearly 50% compared to 2009).

• Around 67% of cell phone users report checking their phones for messages and notifications even if they don't hear a notification sound come from the device - in fact, 18% of cell phone owners reported doing so "frequently."

Distracted driving in the United States: Recent data from the Centers for Disease Control

• According to a CDC survey, 69% of Americans between ages 18 and 64 admitted to talking on their cell phones while driving within the previous 30 days. In addition, 31% of respondents said they had texted while driving within the past month.

• The problem of cell phone use among drivers is worse in the U.S. than it is overseas. The survey, which included seven European countries, found that drivers were the least likely to text in Britain, where distracted driving laws are very strict. Only 21% of drivers in Britain admitted to talking on the phone while driving within the previous 30 days.

• In 2011, 3,331 people were killed and 387,000 were injured in U.S. crashes where distraction was reported as a contributing factor.

Continue reading "Distraction remains a serious roadway safety issue in Missouri & nationwide" »

Preventing child injury in car accidents: Facts and tips for Kansas City parents

March 13, 2013
, by Aaron Sachs & Associates, P. C.

file00047256199.jpgYoung passengers are a parent's most precious cargo. In this post, our Kansas City personal injury lawyers discuss car accidents involving children and recommend a few precautions to help ensure our little ones travel safe.

Car accidents involving children: The facts

• Car accidents are the leading cause of death in American children between ages one and 12.

• Nationwide, 1,314 children under age 14 died in 2009 traffic crashes. Approximately 179,000 more were injured, according to the Centers for Disease Control (CDC).

• A study conducted by the National Highway Traffic Safety Administration (NHTSA) found that head injuries are the most common injuries suffered by child passengers who are involved in motor vehicle accidents.

What are the leading contributing factors to injuries affecting child passengers?

Using safety seats and proper restraints. NHTSA research indicates that nearly 75% of child safety seats are "misused in a way that could be expected to increase a child's risk of injury during a crash." Furthermore, according to Safe Kids USA, almost half of children under age 14 who suffer fatal injuries in car accidents are completely unrestrained.

Alcohol use. More than 2/3 of children who are fatally injured in traffic collisions are riding in vehicles in operated by impaired drivers.

What can parents do to ensure their children are protected as they travel?

The most basic - and essential step - toward protecting the safety of your young passengers is to ensure they are properly restrained in child safety seats. The Children's Hospital of Philadelphia offers four basic tips for parents of children of all ages:

• Restrain your children every single time they ride with you, even if you're just making a short trip.

• Keep your young passengers in the back seat, as experts agree this is the safest place for children.

• Choose the right safety seat, given your child's age and size. (Click here to find useful resource information to help you select the best seat.)

• Make sure your child's safety seat is installed correctly, and that your child is properly buckled into the seat.

Continue reading "Preventing child injury in car accidents: Facts and tips for Kansas City parents" »

Underage driver charged with DUI manslaughter, sued for wrongful death after hit and run crash

February 25, 2013
, by Aaron Sachs & Associates, P. C.

844621_speed_1.jpgOur Kansas City personal injury lawyers know that drunk drivers continue to pose a serious threat to roadway safety. In 2010, 10,228 people were killed in U.S. auto accidents involving an alcohol-impaired driver, which means alcohol was a factor in about one-third of all fatal accidents that year. All too often, the victims of drunk driving accidents are innocent people who just happen to be in the wrong place at the wrong time.

Recently, a Florida woman and her son filed separate wrongful death lawsuits on behalf of 49 year-old Stefano Riccioletti, a well-known Miami chef who died in a hit and run crash caused by an underage drunk driver. According to the Miami Herald, 20 year-old Karlie Tomica's blood alcohol content was three times the legal limit when she struck and killed Riccioletti as he walked to work. Authorities say Tomica did not remain at the scene, but a good Samaritan who witnessed the accident followed Tomica to her apartment and notified police.

The two wrongful death lawsuits name Tomica and Nikki Beach Miami, the nightclub where she worked as a bartender and where she reportedly spent the hours leading up to the accident. Riccioletti's family members say the operators of Nikki Beach allowed Tomica to drink during her shift, even though she is underage, and that the club "knew or should have known that [Tomica] was going to drive. It was foreseeable to the club that she posed a dangerous risk of injury or death to other motorists and/or pedestrians."

Tomica also faces several criminal charges in connection with the accident, including DUI manslaughter, leaving the scene of a fatal accident, DUI with property damage and resisting an officer without violence. If convicted, she could be sentenced to 30 years in prison.

Missouri law and drunk driving accidents

• When drunk drivers cause crashes that result in injuries or fatalities, they may face other criminal charges in addition to DWI, including assault and involuntary manslaughter (which are both felony offenses that carry punishments like prison time, significant fines, or a combination of both). Offenders may also be subject to personal injury or wrongful death lawsuits filed on behalf of their victims.

• Under very specific circumstances, Missouri's dram shop law permits injury victims to take legal action against establishments that serve alcoholic drinks to individuals who then cause drunk driving accidents. Such action is only possible when there is "clear and convincing evidence that the seller knew or should have known that intoxicating liquor was served to a person under the age of twenty-one years or knowingly served intoxicating liquor to a visibly intoxicated person." In most cases, however, Missouri adheres to the common law rule that "furnishing alcoholic beverages is not the proximate cause of injuries inflicted by intoxicated persons."

Continue reading "Underage driver charged with DUI manslaughter, sued for wrongful death after hit and run crash" »

Avoiding motorcycle accidents in Kansas City

February 18, 2013
, by Aaron Sachs & Associates, P. C.

337864_road_king_2.jpgSpring is just around the corner! As temperatures begin to warm, Kansas City drivers can expect to see more motorcycles back on the road. With that in mind, our Missouri personal injury lawyers want to encourage all motorists to be on the lookout for motorcycles, and to use increased caution when you're traveling near them. After all, riders lack the protection of an enclosed vehicle, so motorcycle accidents commonly result in serious, life-threatening injuries.

Motorcycle accidents: The alarming facts

• Between 1997 and 2005, motorcycle accident fatalities increased by 115%, even though fatality rates decreased for other kinds of passenger vehicles during the same time period.

• Federal data indicates that, per mile traveled, the number of motorcycle deaths in 2010 was about 30 times the number of deaths in other kinds of vehicles.

• According to the Missouri Highway Patrol, 80% of all 2011 motorcycle crashes resulted in a death. By comparison, only 36.3% of all 2011 traffic crashes proved to be fatal.

Common contributing factors in Missouri motorcycle accidents

Poor weather or roadway conditions. Inclement weather can make motorcyclists even more difficult to see, and certain road conditions (wet roads, gravel patches, uneven pavement, etc.) can be especially perilous for motorcycle riders.

Failing to obey traffic signs or signals. Many motorcycle accidents happen when other vehicles turn left in front of an oncoming motorcycle. It's especially important to watch for motorcyclists

Failing to yield right of way to a motorcyclist. Sadly, many drivers simply don't treat motorcyclists with the same respect as other kinds of vehicles. Remember, motorcyclists have the same rights and privileges on the road - when you're driving near them, you should act accordingly.

Failing to see a motorcyclist due to an obstructed view or inattention. Bikers can easily disappear into blind spots, so be sure you always look before you turn or change lanes. In addition, a disturbing number of fatal motorcycle accidents occur when other drivers are simply not paying attention and thus fail to see a motorcycle traveling near them.

Failing to recognize a motorcycle's unique operating characteristics. Motorcycles handle differently than other kinds of vehicles, and they can be less stable when attempting to stop or turn suddenly.

Continue reading "Avoiding motorcycle accidents in Kansas City" »

Bus accidents can cause serious injury to KC motorists, pedestrians

February 4, 2013
, by Aaron Sachs & Associates, P. C.

655548_school_bus_red_light.jpgOur Kansas City auto accident lawyers know that personal injury claims connected to bus crashes can be extremely complicated. Because buses are often owned by companies, cities, counties or school districts, there can be numerous parties involved in the aftermath of an accident - and such accidents can have devastating consequences. For example, school buses are designed to provide enhanced occupant protection in the event of a crash, but because these vehicles are so large and heavy, they can cause extensive damage when they strike pedestrians, bicyclists, and smaller passenger vehicles.

This week, a Chicago-area school bus caused multiple injuries when it struck nine cars within a half mile after the driver reportedly experienced a medical emergency. According to CBS Chicago, the 77 year-old bus driver suffered an unspecified "medical condition" immediately prior to driving the school bus directly into oncoming traffic on Oakton Street in Park Ridge. The bus apparently struck several vehicles before knocking one vehicle into a nearby house and then hitting a taxicab head-on.

At least five motorists were injured in the series of accidents, which one police officer described as "a scene out of an Arnold Schwarzenegger movie." Luckily, at the time of the incident, no students were on the bus, which was en route to a Des Plaines school. If the accident had happened a half-hour later, authorities say at least 40 to 50 students would have been on board. In another stroke of good fortune, no one was at home when the bus pushed a vehicle into a residence just off Oakton Street.

When the taxi driver tried to speak with the driver after the final head-on collision, the woman was reportedly incoherent. "She was out of it when she got here," taxi driver Dimitri Coffey told CBS. "She thought she was still driving and she was (asking), 'Where am I?' and 'What happened?' and she didn't even know what had gone on." The bus driver was cited for driving in the wrong lane, failing to obey traffic signals, and driving too fast for conditions. Prior to this incident, she had a spotless driving record and no medical conditions previously reported.

Sadly, federal research suggests that driver-related factors are a prevalent cause of bus accidents resulting in injury. The Federal Motor Carrier Safety Administration (FMCSA) reports that approximately 63,000 U.S. buses are involved in auto accidents every year, including 325 accidents resulting in fatal injury and 14,000 accidents resulting in non-fatal injury. Of school bus accidents caused by driver error, the most common contributing factors are failure to yield, driver inattention, and speed. There are a number of other factors that commonly contribute to bus accidents caused by driver error, including impairment, fatigue and poor training.

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