Aggressive driving & Kansas City car accidents: Statistics & safety tips

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

481997_traffic_jam.jpgHere in Kansas City, heavy metro traffic can agitate even the most patient driver. However, as our Missouri car accident lawyers know, aggressive drivers can pose a serious threat to all motorists on the road. The National Highway Traffic Safety Administration (NHTSA) defines an aggressive driver as "an individual [who] commits a combination of moving traffic offenses so as to endanger other persons or property." While many people think that aggressive driving is the same thing as "road rage," that's actually not the case. Road rage is a media-invented term that's used to describe violent roadway incidents, like when a driver physically assaults another motorist, or uses his or her vehicle as a weapon. Those actions are criminal offenses. In contrast, aggressive drivers commit traffic offenses - like speeding, tailgating, illegal passing or dangerous lane changes - that endanger other motorists on the road.

How big is the problem of aggressive driving?
In a study conducted by the AAA Foundation for Traffic Safety, 78% of respondents said aggressive driving was a serious or extremely serious safety issue on U.S. roadways. In spite of these concerns, respondents also admitted to engaging in the following behaviors within the past 30 days:

• Nearly half of respondents said they had exceeded the posted speed limit by 15 miles per hour on major highways.

• 58% admitted to speeding up to beat a yellow light.

• 41% said they had honked at other drivers.

• 22% said they had followed another driver too closely.

• 6% said they had deliberately run red lights.

• Behaviors commonly linked to aggressive driving factor into an estimated 56% of all fatal crashes nationwide.

What factors contribute to the problem of aggressive driving?
Research from the Automobile Association suggests that numerous environmental and psychological factors can influence driver aggression, including:

Overcrowding. Drivers are more prone to aggressive behavior in congested traffic conditions.

Noise & temperature. While these factors don't necessarily provoke aggressive behavior, loud or hot conditions can directly influence the level or intensity of aggression.

Territoriality. From drivers' perspective, researchers found that motor vehicles appear to straddle the line between public and private domains. It's common for drivers to view the vehicle as their own private space, or an extension of their home, which can affect the way they behave when they drive the vehicle on public roadways.

What should I do if I encounter an aggressive driver?
Here are some basic safety tips to remember if you find yourself traveling near an aggressive driver:

• Do everything you can to move out of the driver's way. Don't speed up or attempt to challenge the driver in any way.

• Don't make eye-contact with the driver, and refrain from returning any gestures or comments.

• Report aggressive driving to law enforcement officials. (Be sure you pull over in a safe place before using your cell phone.)

Continue reading "Aggressive driving & Kansas City car accidents: Statistics & safety tips" »

Small children at increased risk of backover accident injury in Kansas City, nationwide

December 28, 2012
, by Aaron Sachs & Associates, P. C.

file0001645256700.jpgBackover accidents happen when a driver strikes a person - most often a pedestrian or bicyclist - while in reverse, usually when leaving a driveway or a parking spot. While these collisions tend to occur at low speeds, they can cause serious, even fatal injury. Tragically, these accidents often involve small children - and in a majority of backover incidents, a direct relative of the child is behind the wheel. In this post, our Kansas City car accident lawyers share some statistics about backover accidents, along with a few safety tips to help prevent these collisions.

Facts about backover accidents in Kansas City and nationwide:

• According to KidsandCars.org, at least 50 children are backed over every week in the United States. Of that number, 48 receive emergency room medical treatment and two are killed.

• The majority of backover accident victims are between 12 and 23 months in age.

• More than 60% of backover accidents involve a large vehicle like a truck, van or SUV.

• In over 70% of backover accidents, a parent or other close relative is behind the wheel. Toddlers have established independent mobility between the ages of 12-23 months, but the concept of personal safety is absent," according to a fact sheet from KidsandCars.org. "Backovers are often the predictable consequence of a child following a parent into the driveway and standing behind their vehicle without their parent's knowledge."

Preventing backover accidents: Basic safety tips

• Talk with your children about the dangers of playing in and around vehicles, even if the vehicle appears to be parked. Stress that they should move away from a vehicle immediately if they see a driver get in, or if they hear the vehicle start - and teach them to keep their bikes and other toys clear of the driveway.

• Never leave a small child unsupervised in or around a vehicle - not even for a short period of time. It only takes seconds for an accident to happen.

• If you're trying to pull out of a driveway when children are outside playing, have them stand to the side of the driveway so you can see them as you reverse.

• Remember that larger vehicles - like trucks, vans and SUVs - tend to have larger blind zones. Roll your windows down as you back up so you can hear what's happening around your vehicle - and keep checking your mirrors as you go.

• Many newer vehicles are equipped with technology to help prevent backovers, like backup cameras and warning alarms. These features can be useful, but you shouldn't count on them to determine that the area behind your vehicle is clear. There's no substitute for simply walking around your car to check the area - and when you do back up, go slow and look behind you, just in case a child darts into your path.

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Impaired drivers, distracted drivers contribute to Kansas City car crashes

December 20, 2012
, by Aaron Sachs & Associates, P. C.

156609_that_way.jpgRecently, the National Center for Statistics and Analysis (NCSA) released its 2011 Motor Vehicle Crashes - Overview. The NCSA, an office of the National Highway Traffic Safety Administration (NHTSA), provides analytical and statistical data to several agencies within the roadway safety community. According to the Overview, 32,367 people died and about 2.22 million more were injured in 2011 auto accidents throughout the U.S. In this post, our Kansas City personal injury lawyers highlight a few of the Overview's notable points. In general, the NCSA's findings suggest that the main factors contributing to auto accidents and injuries aren't new - in fact, they're issues that most drivers will find disturbingly familiar.

Common Sense Safety Lessons from the NCSA's Overview of 2011 Motor Vehicle Crashes

• Don't drink and drive. The NCSA says drunk drivers contributed to approximately 31% of all 2011 crash fatalities. Despite numerous safety campaigns and enhanced enforcement initiatives, drunk drivers are still on the road, causing serious, even fatal accidents: in 2011, there was an average of one alcohol-related driving death every 53 minutes. And all too often, the victims of these accidents are innocent motorists who are simply in the wrong place at the wrong time. Remember, drunk driving accidents are 100% preventable. If you've been drinking, don't get behind the wheel.

• Wear your seat belt. It's no secret that seat belts significantly reduce your risk of serious injury in the event of a car accident. Between 2004 and 2008, seat belts saved more than 75,000 lives. And yet, the NCSA found that more than half of people who died in 2011 crashes had failed to buckle up. In Missouri, seven out of 10 people killed in 2011 accidents were unrestrained. Wearing your seat belt is one of the easiest, most effective ways to protect yourself as you travel.

• Pay attention to the road. When we hear about a distracted driving crash in the news, many of us automatically assume that the driver was texting. However, a distracted driver can be engaged in virtually any activity that diverts his or her attention from the principal task of driving. The NCSA reports that 3,331 people died - and approximately 387,000 more suffered injury - in 2011 crashes where distraction was a contributing factor.

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Dos & Don'ts: Talking to insurance companies following a Kansas City car crash

December 13, 2012
, by Aaron Sachs & Associates, P. C.

file5491276601164.jpgAs Kansas City personal injury lawyers, we know that car accident victims often have concerns about talking with insurance companies in the aftermath of a crash. In this post, we share some basic "Dos & Don'ts" to help address some of the questions we frequently hear.

DO:

Do notify your insurance company about the accident as soon as possible. You may want to check on any time limits set by your provider: you don't want to forfeit your right to file a claim simply because you didn't file it in a timely fashion.

Do review your auto insurance policy and make sure you understand its terms. It's important that you're clear about what coverage your policy provides, given the circumstances surrounding your accident and any resulting injuries.

Do keep a written record of any communications you have with your insurance company. In particular, you'll want to keep track of the names and phone numbers of any adjusters, agents, or representatives that you speak with regarding your accident.

Do create a file for any bills, purchases, or paperwork that's connected to your injuries and your corresponding expenses. Putting everything in a folder will ensure that nothing is misplaced.

DON'T:

Don't offer insurance company representatives an assessment of who you believe is at-fault for the accident. Liability for a crash is established by evaluating various factors. It's not your responsibility to determine who caused a collision - and you don't want to say anything that could potentially damage your right to recover compensation for your losses.

Don't give an insurance adjuster a written or recorded statement. Just because you're asked doesn't mean you have to agree - and here again, you don't want to risk saying something spontaneously that could be taken out of context and used to hurt your claim.

Don't sign any documents without consulting an attorney. You may be signing away your right pursue a personal injury claim in the future, or to receive funds for any future expenses that you may incur. If you don't understand what you're being asked to sign, it may be in your best interest to talk with an experienced personal injury lawyer.

Don't agree to a settlement offer unless you can be sure that your current and future needs will be met. Agreeing to a settlement usually means that you are accepting a full - and final - payment. In many cases, victims feel tempted to accept an offer simply because they're eager to put the accident behind them. Before agreeing, it's often wise to seek legal advice to ensure that a settlement is fair, given the full scope of your injuries and losses.

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Family sues drunk driver for striking 13 year-old pedestrian, causing traumatic brain injury

December 6, 2012
, by Aaron Sachs & Associates, P. C.

file8191274881965.jpgA Texas family has filed suit against two bars after their daughter was paralyzed by a drunk driver with a blood alcohol content more than three times the legal limit. According to KVUE-TV in Austin, the lawsuit was filed against that driver, 25 year-old Lauren Cherry, and two 6th Street bars, Barcelona and Toulouse, where Cherry was reportedly drinking in the hours before the crash.

Authorities say Cherry was driving home from the bars when she ran off the road onto the sidewalk, where a group of five young girls was standing, waiting for another friend to be dropped off for a sleepover. Cherry struck one of the girls, 13 year-old Ekia Smith, knocking her into a metal fence. Cherry then left the scene of the crash, went to her home, and returned an hour later, where she was arrested.

Smith's skull was cracked and she suffered a traumatic compressed brain injury in the accident. She was on life support for 15 days, and doctors told the family it was unlikely the young girl would survive. However, when Smith was taken off life support, she began to breathe on her own. She is now home, but in a permanent vegetative state. She is not expected to regain any measure of cognitive brain function.

The lawsuit was filed by Kim Jenkins and Catherine Henry, Ekia's mother and grandmother. It alleges that Cherry was over-served alcohol at the two Austin bars, and that no one at the two establishments attempted to prevent her from getting behind the wheel. "A, you have got to drink and drive responsibly. It's getting out of control," said attorney Carl Barry, who is representing Jenkins and Henry. "B, there has to be a responsibility to serve responsibly as well. This woman was three to four times over the legal limit at the time of the accident."

The legal term "dram shop" refers to a bar, restaurant or establishment that sells and serves alcoholic beverages. In general, the state of Missouri prohibits what is known as "dram shop liability," meaning businesses can't be held responsible for injuries caused by intoxicated patrons. However, under state law, personal injury and wrongful death lawsuits can be brought "against any person licensed to sell intoxicating liquor by the drink for consumption on the premises when it is proven by 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." (Section 537.053, RSMo).

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Father charged with vehicular homicide after crash kills 8 year-old son, injures 4 others

November 29, 2012
, by Aaron Sachs & Associates, P. C.

902325_zoom_effect_1.jpgA New Orleans father has been charged with vehicular homicide in connection with a drunk driving crash that killed his son and injured four other passengers. The Times Picayune reports that 28 year-old Adrian Antoine Jr. was also charged with three counts of vehicular negligent injury for causing the accident on Interstate 10 last summer.

Local law enforcement officials say Antoine Jr. was under the influence of alcohol when he lost control of his SUV on the evening of July 21. The vehicle struck a curb and rolled over multiple times. No one in the SUV was wearing a seat belt, and three of its occupants were ejected: Antoine Jr.; 8 year-old Paris Henry; and 8 year-old Adrian Antoine III, who was pronounced dead at the scene. Antoine Jr. suffered fractures, broken ribs and bruised lungs. Henry, who was seated on a crate in the vehicle's floor board, sustained numerous injuries, including a fractured skull and a blood clot in her brain. The other two passengers - Antoine Jr.'s wife, Rayonne, and 9 year-old London Henry, were also injured in the crash.

A blood test performed at the hospital revealed that Antoine Jr.'s blood alcohol content (BAC) was 0.09%, above the legal limit of 0.08%. If convicted on the vehicular homicide charge, he could face to 30 years in prison, with at least 36 months to be served without parole, probation or a suspended sentence.

When drivers choose to get behind the wheel after they've been drinking, they can face numerous legal and financial penalties. In addition to these criminal consequences, impaired drivers may also face civil liability when they cause accidents resulting in injuries and fatalities. To learn more about drunk driving accidents and Missouri law, click here.

Basic facts about driving under the influence:

• The average drinker requires about one hour to metabolize one alcoholic drink. Only time can make someone sober - drinking coffee, eating, or talking a cold shower will not make you sober up any faster.

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Best practices: Exchanging information following a Kansas City car crash

November 15, 2012
, by Aaron Sachs & Associates, P. C.

642052_burned_car.jpgOn average, there are approximately 6 million car crashes in the United States every year - in fact, an injury accident occurs about every 14 seconds. Despite the frequency of these crashes, a recent survey revealed that many Americans are unclear about the steps they should take following a collision. Unfortunately, that lack of knowledge can complicate the process of filing a claim and expose crash victims to an increased risk of identity theft, which is one of the fasting-growing crimes in the country.

A 2012 survey conducted by the National Association of Insurance Commissioners (NAIC) revealed that many motorists don't know what kind of information they're required to provide following a crash. Accordingly, a car accident can present identity thieves with an ideal opportunity. Kevin McCarty, NAIC president and Florida's insurance commissioner, says being prepared for this situation can save you from potential problems down the road. "Understanding what information to share, and with whom, will help keep you safe after an accident and decrease some of the challenges of filing a claim later on," McCarty said.

Among the NAIC survey's findings:

38% of drivers said they felt it was appropriate to share their driver's license numbers with the other parties involved. In addition, about one in six respondents said they would allow another driver to photograph the license. However, the NAIC says sharing this information can be extremely risky. A photograph of your license could be used to create a fake I.D. A criminal could also use your license number to impersonate you over the phone.

25% of drivers said they would share their home address. Identity thieves often search for personal financial information in their victim's mailboxes or trashcans, so sharing your physical address with a stranger can be dangerous. Also, your personal safety could be compromised.

29% of respondents said they believed they were required to share their home phone numbers. The NAIC says giving out your telephone number is "rarely necessary."

Under most circumstances, the NAIC says simply sharing your name and car insurance information is sufficient. To help streamline the process, the Association has also developed a new app to help drivers during the chaos and confusion that often follows a collision. WreckCheck, available for iPhone and Android smart phones, "walks users through a step-by-step process to create their own accident report. The app directs them to capture photos and helps document and share only what is necessary to file an insurance claim." For more information about WreckCheck, click here. If you don't use a smartphone, the NAIC provides a downloadable Auto Accident Checklist that can be printed and carried in your vehicle.

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Safe holiday travel: Tips to help Missouri drivers avoid accidents

November 7, 2012
, by Aaron Sachs & Associates, P. C.

676533_fall_2.jpgNovember is upon us, which means the holiday season is right around the corner. With so many Missouri families planning to travel over the holidays, our personal injury lawyers wanted to share a few simple safety tips to help keep you - and your loved ones - safe on our state's roadways.

Holiday travel safety: A few basic tips

1. Plan ahead. Research the route you'll be taking so you can be prepared for any obstacles that may present themselves: road closures, construction zones, inclement weather, heavy traffic, etc. If you're taking a long trip, it might be prudent to have your vehicle serviced before you hit the road: have your oil changed, your tire pressure checked, etc. It's also a good idea to carry an emergency kit containing items your family might need if your vehicle breaks down (food, water, prescription medicines, blankets, flashlights, etc.)

2. Wear your seat belt (and ensure your young passengers are properly restrained). When properly used, seat belts save thousands of lives every year.Seat belts are the best way to ensure you're protected from injury if a crash occurs. According to the Missouri Highway Patrol, 63% of Missourians who died in 2012 crashes were not buckled up. If you're not wearing a seatbelt, your chance of sustaining a serious, life-threatening injury is 42 times greater. And if you're traveling with children, remember to use a seat appropriate for your child's age and weight (click here to read Missouri's Child Passenger Restraint Law).

3. Avoid distractions. Put your cell phones away when you're behind the wheel. Don't send or read text messages, and don't get distracted by your GPS. Pass your phone to a passenger and let that person handle any calls, messages, or navigation tasks. Also, remember that cell phones aren't the only source of driver distraction: eating, drinking, playing with the radio, reading and putting on makeup can also take your attention away from the road.

4. Don't drive under the influence. For good reason, many people feel like celebrating over the holidays. Unfortunately, that also means that drunk driving accidents tend to happen much more during this time of year. Mothers Against Drunk Driving (MADD) reports that alcohol is a factor in 52% of fatal crashes in Christmas, and 57% on New Year's. Comparatively, alcohol plays a role in about 41% of all fatal crashes throughout the year. If you choose to drink, don't risk getting behind the wheel and harming yourself, your passengers, or the innocent motorists who are traveling near you.

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MO trucker sentenced to eight years for fatal accident caused by improperly secured load

October 30, 2012
, by Aaron Sachs & Associates, P. C.

457579_da_hook.jpgA truck driver has been sentenced to eight years in prison in connection with a fatal St. Charles County crash caused by improperly secured cargo. According to the St. Louis Post-Dispatch, 28 year-old Adam L. Steinmann received the sentence after he was convicted in August of two counts of involuntary manslaughter and a misdemeanor count of driving with a suspended license.

The crash in question happened on Highway D on July 9, 2009. Police say Steinmann was traveling east, hauling a 42,000-pound bulldozer. As he negotiated a curve in the roadway, the bulldozer fell from his truck trailer. It hit the road, bounced, and struck the driver's side westbound car, essentially crushing the smaller vehicle. The driver of that car, 63 year-old Judith Ulery, died 44 days after the accident. Ulery's passenger, her 86 year-old mother Elsie Sherman, died nine months later.

During Steinmann's trial, prosecutors pointed out that the bulldozer had been secured with only two binders, which were "grossly inadequate" to handle such heavy machinery: the total support weight for those binders was reportedly 14,000 pounds. An expert witness "testified at the trial that the total weight should have been half the weight of the item being secured," reports Land Line Magazine. In addition, the binders were in poor condition: one had been broken and repaired, and the hooks attached to the binders were not the same size.

Assistant Prosecutor Meg Eveland also argued that Steinmann was speeding around the dangerous curve in a truck that had 26 violations on record. The curve in question is marked with cautionary signs that indicate a reduced speed limit of 30 miles per hour - and Eveland maintained that the speed limit was really intended for smaller passenger vehicles. Given the size and weight of Steinmann's truck, he should have been traveling even slower than the posted limit, Eveland said. The prosecution's expert testified that Steinmann was traveling about 42 miles per hour when the bulldozer fell off his trailer.

Steinmann received four years in prison for each of the manslaughter charges, which is the maximum allowable sentence for the offense. He will serve those terms consecutively. In addition, following the hearing, Steinmann received an additional year in jail because he was on probation at the time of the crash. In 2005, Steinmann was charged with two felony counts of property damage after he drove over two private lawns in Wentzville.

Last month, family members of Ulery and Sherman were awarded a $345,000 judgment in a wrongful death lawsuit against Steinmann; his father, Larry Steinmann; their business, Steinmann & Sons Grading, Inc.; and the owner of the bulldozer, Lester Lamke.

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Lee's Summit woman struck by three vehicles, killed on U.S. 71 in Cass County

October 23, 2012
, by Aaron Sachs & Associates, P. C.

On Friday, a Missouri woman was killed when she was struck by three vehicles on southbound U.S. Highway 71 near Harrisonville. According to the Lee's Summit Journal, 33 year-old Joy Johnson got out of her car after a tire blowout caused her to lose control of her vehicle and crash into the median cables. At around midnight, a witness says Johnson was standing in the left lane inspecting the damage when she was clipped by the mirror of a passing SUV. The impact knocked her to the ground, where she was then struck by two more SUVs.

file0001163121718.jpgJohnson was pronounced dead at the scene. All three drivers stopped following the accident. No one has been cited or charged in connection with Johnson's death, but the Missouri Highway Patrol is continuing to investigate the incident.

This year, 128 pedestrians have died in Missouri auto accidents, including ten people who were standing, lying or sitting on the roadway. In April, an AAA tow truck driver was killed by a hit and run driver as he assisted a motorist on eastbound Interstate 70 in St. Louis. In August, an 18 year-old tow truck driver was hit by a box truck near the Christopher S. Bond Bridge in Kansas City. In September, a MoDOT worker died when a drunk driver struck him as he worked a crash scene on I-70 near Independence. And just over a week after that accident, a Kansas City man died on I-35 when he was hit by car while putting gas in his stalled truck.

In light of pedestrian accidents like these, the Missouri Highway Patrol is encouraging drivers to use precaution when their vehicles become disabled - and when they encounter disabled vehicles, especially on fast-moving highways. "People need to always be aware of constantly changing traffic conditions, whether it is a law enforcement officer on the side of the road, or a stranded motorist, making the highest degree of care," said Highway Patrol Sergeant Collin Stosberg. "We want to keep everyone safe - that's what we're here for. We are going to respond in every situation to help people out. We do that on a daily basis, so people should not be afraid utilize law enforcement as that resource."

If your vehicle breaks down or you're involved in a crash, the Patrol says you should remain in your vehicle and wait for help, when possible. However, if your vehicle is stalled in the roadway and cannot be moved, Stosberg says you should get out of the vehicle and get as far away from it - and from traffic - as you possibly can. You can contact nearby troopers by calling 911 or *55 from your cell phone.

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Kansas City teen charged in wrong way crash involving 5 vehicles

October 16, 2012
, by Aaron Sachs & Associates, P. C.

1088978_automobile_lights_at_night.jpgA Kansas City teen is facing criminal charges in connection with a wrong way crash that injured ten people and killed a newborn baby. On October 12, 18 year-old Bryan L. Blankenship was formally charged with one count of first-degree involuntary manslaughter and eight counts of second-degree assault. Blankenship has not yet been taken into custody, but a warrant has been issued for his arrest.

The accident happened in the early morning hours of April 5. At around 12:45 a.m., Platte County Sheriff's deputies observed a vehicle traveling north in the southbound lanes of Interstate 29 - in fact, they had to swerve to avoid hitting it. By the time the squad car turned around and caught up with that vehicle, driven by Blankenship, it had crashed into a southbound SUV, triggering collisions involving five vehicles and 23 vehicle occupants.

Ten people were taken from the scene by ambulance, including Blankenship. One was a pregnant woman, and because of her injuries, her baby was delivered only hours after the incident. The child did not survive.

Investigating the crash proved challenging for law enforcement officials. "It involved five vehicles, so they were spread all over the roadway. One was down on embankment. It was fairly chaotic," Sergeant Bill Mahoney of the Kansas City Police Department told KCTV 5 in late April. "It continues to be a challenge. Just the sheer number of cars and the sheer number of people involved."

It took a few months, but ultimately investigators were able to conclusively determine the sequence of events. In addition, Blankenship's blood alcohol content was found to be 0.197% - over twice the legal limit - and drugs were found in his system.

If convicted, Blankenship could face 15 years in prison for the manslaughter charge. The assault charges carry a maximum penalty of seven years for each individual charge. Blankenship's bond was set at $100,000.

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Speed ruled a contributing factor in fatal Kansas crash

October 9, 2012
, by Aaron Sachs & Associates, P. C.

794996_speed_limit.jpgOn Tuesday, a 20 year-old woman was killed and another driver was injured in a three-vehicle crash in Merriam, Kansas. KCTV 5 reports that the accident occurred on West 67th Street, west of Interstate 35, where the street narrows from a four lanes to two lanes. As the woman was attempting to move over in front of a pickup truck, the truck clipped her vehicle, causing the car to spin into eastbound traffic where it was hit by an oncoming minivan.

The woman died at the scene. She has not yet been identified. The minivan was knocked onto its side by the impact, and a passenger in that vehicle sustained minor injuries. No one else was hurt in the incident.

Law enforcement officials continue to investigate. No criminal charges have yet been filed, but authorities say speed played a role in the crash. "This was a 35 mph speed zone. An impact like that would not have happened unless they were going well over the speed limit. My advice is for drivers when you are coming up in a lane change like that is to just slow down," said Lieutenant Mike Daniel of the Merriam Police Department.

Facts about speeding and car accidents:

• Federal agencies define speeding as "exceeding the speed limit, driving too fast for conditions or racing."

• In 2010, 10,395 Americans died in speed-related car crashes, which means speed was a contributing factor in about one-third of all traffic deaths that year.

• According to the Insurance Institute for Highway Safety, speed contributes to car accidents - and to injury severity - in three basic ways:

  1. It increases the distance a vehicle travels between the moment a driver observes an obstacle or emergency, and the moment the driver reacts to the situation.
  2. It increases the distance a vehicle requires to come to a full and complete stop.
  3. It increases the energy of the crash exponentially. "For example," says the IIHS, "when impact speed increases from 40 to 60 mph (a 50% increase), the energy that needs to be managed increases by 125%."

• Numerous studies have supported this general rule of thumb: "When travel speed increases by 1%, the injury crash rate increases by about 2%, the serious injury crash rate increases by about 3%, and the fatal crash rate increases by about 4%."

Continue reading "Speed ruled a contributing factor in fatal Kansas crash" »

Pedestrian killed while refueling on I-35; Driver charged with felony hit and run

October 2, 2012
, by Aaron Sachs & Associates, P. C.

98178_night_traffic.jpgOn Saturday, a 41 year-old father of six was killed when he was struck by a hit and run driver on Interstate 35. The Kansas City Star reports that Christopher Randolph Sr. was hit around 2:30 a.m. as he was putting gas in his minivan, which had broken down in a construction zone north of College Boulevard.

The incident also injured 39 year-old Charlesetta Redd, Randolph's girlfriend, who was standing on the roadway shoulder with Randolph. Redd reportedly climbed under the minivan, trying to reach Randolph and pull him to safety. She sustained burns to her legs from the exhaust.

After the initial impact, Randolph was struck by several vehicles in succession, the last of which drug him down the highway. He was pronounced dead at the scene. However, the driver of the first vehicle - a 2010 Chevy Silverado - left the scene. Troopers with the Kansas Highway Patrol discovered the truck, heavily damaged on its front end, approximately one mile away from the site of the collision. The driver had apparently fled on foot.

Following a search, Kansas law enforcement officials located the driver on Sunday night and took him into custody. On Monday, Johnson County prosecutors formally charged 25 year-old Brock Tyler James with a felony count of leaving the scene of an accident resulting in death. James appeared in court later the same day, and his bond was set at $50,000. Prosecutors say James had two outstanding warrants at the time of the accident.

The accident was the second pedestrian fatality to occur in a Kansas City-area construction zone in recent weeks. On September 21 at around 3:00 a.m., a Missouri Department of Transportation (MoDOT) worker was killed while assisting with an accident scene in a work zone on Interstate 70. The driver, 35 year-old David Murdick, reportedly drove through cones and barriers and struck 50 year-old Clifton Scott, a 15 year-old MoDOT veteran. Scott was pronounced dead at the scene. Murdick, who was also injured in the collision, has since been charged with first-degree involuntary manslaughter. Police say Murdick was under the influence of alcohol when the accident occurred: his blood alcohol content was found to be more than twice the legal limit.

Continue reading "Pedestrian killed while refueling on I-35; Driver charged with felony hit and run" »

Korean War vet, 80, killed in NYC car-pedestrian crash

September 25, 2012
, by Aaron Sachs & Associates, P. C.

734846_new_york_city.jpgAn 80 year-old Korean War veteran was killed after he was struck by a car on New York's Upper Eastside, and his wife reportedly survived because he pushed her out of harm's way. According to the New York Times, Rubin Baum and his wife Denise, 62, were trying to hail a cab at around 10:30 p.m. on Saturday, September 22. As they stood on the street corner at Park Avenue and 59th Street, a black Mazda struck a silver minivan that was northbound on Park Avenue. The impact sent the Mazda spinning onto the sidewalk, directly into the Baums' path.

"The car, it came so quickly I didn't know what hit us," Mrs. Baum told the Times. She says her husband gave her a hard shove, pushing her out of the way: she was flung into a parked First Quality Maintenance truck. Mrs. Baum suffered from extensive bruising and an injury to one leg. Rubin Baum, however, was pinned under the Mazda. The couple was transported to New York - Presbyterian Hospital Weill Center, where Rubin was pronounced dead on arrival.

Law enforcement officials don't believe any criminal activity contributed to the crash, but they are continuing to investigate. The Mazda was driven by a 20 year-old, and the minivan was driven by a 47 year-old man. The minivan was registered to the Pakistani Mission to the United States, and a Pakistani diplomat was a passenger in the van when the crash occurred.

Ironically, the Baums met on the streets of New York nearly 40 years ago as they were each trying to hail a cab. "I was trying to steal his taxi," Mrs. Baum recalled. Rubin Baum, known affectionately as Ruby, earned two purple hearts when he served as an Army medic during the Korean War. In the years that followed, he ran several companies in the garment industry. After he retired, he went to work in real estate with an old friend, Howard Hauptman.

"He touched everybody in a wonderful way," Hauptman said. "From the moment you met him, you got this real good feeling. Ruby was full of life, and he loved interactions with people, and for an 80-year-old guy he was remarkably vibrant."

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11 month-old killed, two adults killed in backover accident outside North KC church

September 18, 2012
, by Aaron Sachs & Associates, P. C.

file8381259007579.jpgOn Sunday morning, an 11 month old baby was killed and two adults were injured when they were struck by a car as they left First Baptist Church in North Kansas City. KCTV 5 reports that Autumn Humphrey, who would have turned one in September 30, was pronounced dead at a nearby hospital less than an hour after the collision.

Police say the accident happened immediately after church service was dismissed at 11:30 a.m. They believe the driver, an 89 year-old man who has not been identified, accidentally hit the gas pedal instead of the brake as he attempted to back out of a handicapped parking spot. The vehicle accelerated backwards, colliding with a parked vehicle before striking the young girl and two of relatives: her grandfather, Ronald Barnett, 65, who was carrying the child; and her aunt, Stephanie Barnett, 40, who was walking with her father and niece. The vehicle then continued speeding backwards, traveling about 50 feet before coming to a stop. It also struck a fire hydrant.

"It shot out like a cannon," witness Patty Reed told the Kansas City Star. Reed was parked directly on front of the driver's vehicle when it started to reverse. "Had he gone forward, we wouldn't be here right now."

Ronald and Stephanie Barnett were also taken from the scene by ambulance. They suffered serious injuries, but they are expected to recover. Ronald Barnett was released on Monday, but Stephanie Barnett remains hospitalized.

The driver has not been charged with any crimes, and police say he is cooperating with their continued investigation into the incident. The man is reportedly in good health and has a clean driving record.

Safety concerns surrounding older drivers have received a great deal of media attention in recent weeks. On August 29, a 100 year-old driver backed into a crowd of people at a Los Angeles elementary school. In all, 11 people were struck, including nine children, four of whom were seriously injured. Here again, local law enforcement believes the driver accidentally hit the gas instead of the brake. He too had a valid driver's license and a clean driving history at the time of the crash.

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