Kansas City Car Accident Lawyer Blog

Our Kansas City personal injury lawyers know that it's always a good time for a refresher on roadway safety. In this post, we discuss a few basic driving tips to help Missouri motorists reduce their car accident risks.

• Stay focused. It's no secret that distractedness is a contributing factor in many serious auto accidents nationwide. While cell phones are the most notorious form of distraction, there are in fact several common sources, including passengers, eating and drinking, reaching for dropped objects, and daydreaming. Anything that takes your eyes off the road (visual distraction), your hands off the wheel (manual distraction), or your mind off the task of driving (cognitive distraction) increases your chances of causing a crash.

• Make adjustments. Responsible, defensive drivers know that they must adjust their driving to adapt to roadway or traffic conditions. When you encounter wet pavement, road construction or congested traffic, you may need to turn off your cruise control, drive slower than the posted speed limit, and/or increase your following distance. (And remember, Missouri's Move Over Law requires drivers to slow down and move over a lane for emergency vehicles displaying red and blue lights and MoDOT vehicles displaying amber and white lights.)

• Don't tailgate. Following too closely is a surefire way to increase your chances of causing a rear-end collision - which can cause serious injuries to the occupants of the struck vehicle, even when the collision occurs at low speeds. By allowing extra space between your vehicle and the vehicle in front of you, you also allow yourself much-needed time to assess traffic conditions in front of you and respond to them safely. To ensure you're following at a safe distance, use the three second rule.

• Avoid alcohol. Over 1.4 million drivers were arrested for driving under the influence in 2010, reports the Centers for Disease Control and Prevention (CDC). That's about one percent of the 112 million self-reported drunk driving episodes that occur in the U.S. every year. And these impaired drivers are extremely dangerous: every single day, nearly 30 people are killed in car accidents involving an alcohol-impaired driver. Alcohol slows your reaction time, impairs your judgment, and damages your motor skills. Don't drink and drive.

• Buckle up. The National Highway Traffic Safety Administration (NHTSA) reports that seat belts are the "most effective traffic safety device for preventing death and injury." Between 2004 and 2008, seat belt use saved more than 75,000 lives. And according to the CDC, seat belts reduce car crash injuries and fatalities by approximately 50%. It only takes a second to fasten your seat belt, and it might just save your life. Always buckle up when you're behind the wheel, and insist that your passengers to do the same.

Continue reading "Five safety tips to reduce Kansas City car accident risks" »

As 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.

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

The Missouri Department of Transportation (MoDOT) works to keep Missouri drivers safe by maintaining and improving our state's roadways. Routes that are associated with multiple traffic fatalities are examined regularly, as MoDOT investigators attempt to determine what factors cause car accidents. When multiple accidents happen on the same stretch of road, those crashes tend to be the result of specific factors, like a sharp turn or a speed limit that is too high for conditions. Sometimes, an area experiences more accidents simply because drivers are often inattentive while on certain paths. However, MoDOT officials work to investigate and resolve any issues within their control that might contribute to crash injuries and deaths.

Recently, statistics have shown a large number of accidents around the Highway 61 - Highway P interchange near Wentzville. Local law enforcement and emergency response agencies have reported an unusual amount of crashes in and around this area - and these crashes led to an investigation of the intersection and the highway. As a result, MoDOT and local officials have created a "travel safe zone" in the area, reports the St. Louis Post-Dispatch.

According to MoDOT, a travel safe zone is "any area upon or around any highway where a highway safety analysis shows the number of fatal or disabling injury crashes exceeds a 'predicted safety performance level for comparable roadways', as stated in Missouri Revised Statute 304.590. MoDOT uses TSZs to improve safety of a clearly defined roadway segment. This statute establishes that fines shall be doubled for moving violations."

The newly established travel safe zone does not change the current speed limit, nor does it alter the features of the roadway. However, police enforcement in the area will be increased, and fines for anyone caught speeding will be doubled. In addition, drivers caught violating traffic laws on this section of highway may also face harsher punishments. Many local residents support the creation of the travel safe zone, hoping that the increased presence of law enforcement (and harsher consequences for breaking the law) will help reduce the unusually high number of traffic fatalities in the area.

Continue reading "MoDOT's Travel Safe Zones increase driver awareness & reduce accident risks" »

On Friday, a 17 year-old woman was killed when her car was struck by a pickup truck driven by 13 year-old fleeing from police. It happened in Washington, Missouri at around 12:04 a.m.: according to The Washington Missourian, 17 year-old Aubrey Nothum was stopped at a red light when the 13 year-old lost control of the truck she was driving and slammed into the driver's side of Nothum's car.

Prior to the crash, a Franklin County deputy had seen the pickup truck cross onto the shoulder of Route 47. Thinking the driver might be intoxicated, the deputy attempted to pull the vehicle over, but the driver didn't stop, and the deputy pursued. The truck was moving at a high rate of speed when the driver attempted to turn right onto Highway 100 and lost control of the vehicle, slamming into Nothum's car at the intersection.

Nothum was taken to Mercy Hospital St. Louis, where she was later pronounced dead. She leaves behind a young son, who recently turned one.

Meanwhile, the 13 year-old driver and her passenger - her 11 year-old brother - were both hospitalized with minor injuries. According to authorities, the teen had stolen the pickup truck from her parents earlier in the evening. She has since been charged with stealing and second-degree murder, and remains in the custody of juvenile authorities.

Law enforcement officials continue to investigate the circumstances surrounding the accident. A dash cam reportedly captured the chase and the crash, but a judge is currently considering whether or not to release the footage to the public. The Missouri Highway Patrol did not find any alcohol in the pickup truck, and alcohol is not believed to be a contributing factor.

Continue reading "Missouri teenager killed by 13 year-old driver fleeing police in stolen truck" »

This year, Missouri has experienced an unusually high number of pedestrian accidents on train tracks. Since May, there have been four train-related fatalities caused by people walking on and around Missouri railroad tracks, including two teenagers killed in the St. Louis area within a month's time. While train track safety might not seem like a pressing issue, pedestrians should be especially mindful of the dangers associated with heavy, fast-moving trains.

This morning, a man was struck and killed by a train near Merriam, Kansas. Police reports indicate that he was laying on the railroad tracks prior to being hit. According to KCTV 5, the engineer tried to slow the train when he saw the man on the tracks, but he was unable to stop in time. The man was pronounced dead at the scene: he has not yet been identified, and police continue to investigate the circumstances surrounding the accident.

Because of their size and weight - and because they often travel at extremely high speeds - trains require more time to slow down than smaller vehicles, like passenger cars and trucks. Sudden stops are simply not feasible: in general, it takes a train several hundred feet to come to a complete stop. An average freight needs even more time - approximately a mile and a half.

In addition, it's extremely easy for a person to misjudge a train's speed, as trains often appear to be moving much slower than they actually are. Freight trains travel at a maximum speed of 60 mph, while passenger trains can travel as fast as 80 mph. A train moving at a high speed can create a massive force upon impact, especially since many trains carry cargo weighing several tons.

Slower moving trains can also be deadly. On average, a single locomotive weighs about 432,000 pounds. This means that a train traveling at a reduced speed of around 35 miles per hour would have the force of 885,000 tons. Consider the implications of that kind of impact: to achieve the same crash force, the average passenger vehicle would need to travel about 4,200 miles per hour. Of course, a train's weight and force varies, depending on factors like speed and cargo weight, but the potential force of any train is extremely dangerous.

Continue reading "Kansas pedestrian killed by train after laying on railroad tracks" »

A California man has been charged with second degree murder in connection with a "car surfing" incident that left one woman dead and another woman seriously injured. According to prosecutors, 28 year-old Lanie Tyrone Richardson is also facing charges of gross vehicular manslaughter while intoxicated, driving under the influence of alcohol causing injury, and driving with a suspended license. He reportedly has at least three prior DUI convictions.

Richardson is accused of being directly involved in the death of 26 year-old Alison Meadows and the injury of 25 year-old Lindsay Keebler. Both women were found along a Santa Barbara County road in the early morning hours of June 6: it was originally believed that they had been struck by a hit and run driver, and that Richardson was a good Samaritan who simply brought the women to a nearby hospital. However, law enforcement authorities now believe that Richardson was driving while the two women "car surfed" in an area called "The Bump," near Montecito.

KEY News reports that Richardson's Toyota 4Runner was taken to a detail shop on the morning after the accident. Upon discovering blood in the back seat, the shop's owner contacted Cottage Hospital to ask about recent injuries, and he was put in touch with officers from the California Highway Patrol. Troopers immediately inspected the vehicle and discovered a cracked windshield and a dent in the hood, "as if someone had been standing on it." Richardson's bail has been set at $500,000 and he is scheduled to be arraigned on June 20.

Car surfing, also known as urban surfing, is a thrill-seeking activity in which passengers perform stunts on the exterior of moving vehicles, including riding on the hood, truck, or roof. MSNBC reports that car surfing "has been around for decades, but as videos proliferate online, experts worry that the stunt is becoming increasingly popular among teens and 20-somethings."

Continue reading "Driver Charged with Second-Degree Murder in Connection with Car Surfing Death" »

On Tuesday morning, a sanitation worker was killed in the Northland when a trash truck accidentally ran over him, according to Kansas City police. The truck accident happened around the intersection of 107th Street and North Flora Avenue at around 10:55 a.m.

Police say that 18 year-old Brandon Ford was part of a three person crew working from the trash truck, which is owned by Jim's Disposal Service. The crew was running their usual weekly route, and the group had been working together for about a year. Ford was reportedly riding on the back of the truck with a co-worker when he slipped and fell onto the pavement, just as the driver began to back up.

"He was at the extreme rear on the driver's side, but the foot holes go around back so he was toward the rear not within her view," Sergeant Bill Mahoney of the Kansas City Police Department told KCTV5. "This just looks like an unfortunate accident."

The worker riding on the back of the truck with Ford jumped down and yelled to alert the driver, who immediately stopped the truck, but Ford was already pinned under the wheel. Though neighbors who witnessed the incident ran to help, and emergency medical teams responded quickly, Ford was pronounced dead at the scene. He would've turned 19 today.

Sergeant Mahoney says that there is presently no evidence to suggest that the trash truck's driver was negligent in any way, and no charges are expected to be filed against her. However, police will conduct a thorough investigation of the accident.

Ford's brother is also an employee at Jim's Disposal, according to FOX 4 in Kansas City. Chuck Byrd, owner of the company, released the following statement after the accident: "Chuck Byrd and the Jim's Disposal family would like to express our deepest sympathy to the Ford family. This morning's events are an unthinkable tragedy. Our prayers and support are with the Ford family as they grieve the loss of this outstanding young man."

Continue reading "Kansas City Trash Truck Accidentally Runs Over, Kills Sanitation Worker" »

Memorial Day weekend is right around the corner, and it appears to be bringing summer temperatures right along with it. Our Kansas City personal injury attorneys know that Memorial Day has always marked the unofficial beginning of boating season, so it's safe to say that Missouri's lakes will be busy this weekend - and over the weekends ahead. If you're planning to celebrate the holiday on the water, we encourage you to make safety a priority, and in particular, to avoid boating under the influence.

Last weekend, a Wildwood woman suffered serious injuries in Osage Beach when two boats collided nearly head-on, and the Missouri State Patrol Marine Division says alcohol played a role in the crash. According to Lake News Online, the accident happened near the 4 mile marker of the Main Channel at 9:53 p.m. Friday. A Sea Ray runabout driven by 59 year-old Thomas G. Rainey of Lee's Summit ran over the top of a pontoon boat, causing serious injury to a passenger in the pontoon.

53 year-old Margaret K. Reavy was airlifted to University Hospital in Columbia following the crash. Both Rainey and the driver of the pontoon boat (49 year-old Daniel M. Reavy) were charged with boating while intoxicated.

Then, on Saturday night, another Missouri boater was moderately injured in a separate collision. In that accident, a Chaparral was attempting to turn west from a cove when it crashed into a Crownline. 65 year-old Jacqualin L. Zeller, a passenger in the Crownline, was taken to Lake Regional Hospital by ambulance. The driver of the Chaparral, 56 year-old Patrick T. Baumberger, now faces charges of boating while intoxicated and second-degree felony assault with a vessel.

This week is National Safe Boating Week, and the Missouri Highway Patrol urges you to be prepared for increased traffic on our state's lakes. The Patrol offered the following safety advice in a recent news release: "Please be courteous to others on the water, wear a lifejacket, and obey the law regarding safe operation of a vessel and no wake zones. Never operate a boat while intoxicated." The U.S. Coast Guard reports that a staggering 88% of 2010 recreational boating deaths can be attributed to failure to wear a lifejacket.

Continue reading "Recent Boat Collisions Leave 2 Injured at Osage Beach" »

In the current age of ever-evolving technology, there are several driver tracking devices on the market that are used by insurance companies to monitor your driving habits. What is a driver tracking device? Are they safe? Do they offer any benefits to Missouri drivers? Do they reduce the risk of car accidents in Independence and the surrounding area? Read on, and see if our information helps you make up your mind.

What is a driver tracking device?
Driver tracking devices have been in use for quite some time now. From GPS tracking equipment to services like On Star (which utilizes global satellites and computer software), it's relatively easy to track the whereabouts and estimated speed of people, packages and animals.

With today's high priced insurance, consumers often look for ways to reduce their monthly rates, while ensuring that they're properly covered in the event of an accident. One alternative to traditional insurance is called usage-based insurance, or pay-as-you-go. However, traditional insurance generally allows drivers with better driving records and safe driving habits to receive lower insurance rates.

The driver tracking devices keep a number of different records related to driving behaviors. They track your speed, how fast you accelerate, how hard you apply the brakes, how many miles you drive, and what times of day you normally drive. At present, these devices are being used by both usage-based and traditional insurance plans. The device provides the insurance company with a current and accurate picture of how you drive, where you drive, when you drive, and the miles you accumulate.

The device is an on-board telematics: a small box is normally mounted under the dashboard. It tracks the data by interfacing with your car's on-board computer. Most boxes plug into your car's diagnostic port. The information is then transmitted via cell phone towers.

Continue reading "Driver Tracking Devices and Insurance Companies: The Bottom Line for Drivers in Independence and Throughout Missouri" »

Car accidents continue to be a leading cause of injury and death here in Missouri and nationwide. According to the Missouri Department of Health and Senior Services, unintentional injury (which includes traffic accidents) is one of the top five causes of death in Missouri, ranking third for most age groups. Additionally, a recent study from CarInsuranceComparison.com reveals some startling data about Missouri drivers: nationwide, Missouri ranks second from the bottom when it comes to traffic accident prone driving.

Which states have the worst drivers?
CarInsuranceComparison.com is an online company that offers car insurance rate comparisons, including comparisons by state. In an overview of driving trends throughout the county, they compared and ranked data from the National Highway Traffic Safety Administration (NHTSA), Mothers Against Drunk Driving (MADD), and the American Motorists Association. Then, those findings were used to determine which states have the most dangerous drivers.

By examining the number of fatalities per 100 million miles traveled (from NHTSA); drunk driving statistics (from MADD); and the number and type of tickets (from the American Motorists Association), each state was given a ranking from 1 to 50. A high ranking indicated a high number of poor drivers. After analyzing each state's data by, they totaled the ranking for each category to arrive at an overall ranking by state.

How did Missouri drivers rank?
Missouri was ranked 34th for fatalities. This estimated figure is based on the number of traffic deaths as compared to the total mileage of roadways in the state, and the estimated mileage driven.

We scored even lower in the other two categories, ranking 44th for drunk drivers and 45th for ticketed drivers. (When the categories for type of ticket were tabulated, Missouri ranked 19th for failure to obey traffic signals, such as running red lights and failure to yield, and 42nd for careless driving.) With a total score of 184, Missouri's overall ranking was 49th.

Continue reading "Car Insurance Comparison Report Delivers Sobering News for Drivers in Kansas City and Throughout Missouri" »

The Kansas City Missouri car accident lawyers regularly answer our clients' questions about car accidents and personal injury claims. We thought it would help to share some of these questions and our answers with you.

I have been injured in a car accident. Do I have a claim? What should I do?
The only way to determine whether or not you have a claim is to contact a car accident or personal injury lawyer whose experience is with car accidents, including motorcycle, pedestrian, truck, and bicycle accidents. Most personal injury lawyers offer a free consultation so they can learn the facts of your case and ask questions about your injuries and your particular situation. Not every car accident results in a personal injury claim. However, in the event of injury, you should call a lawyer as soon after the accident as possible: that way, if you have a case, your attorney can start working for you right away.

Do I have to meet with a lawyer in person to determine if I have a claim?
Each situation is different and many factors are involved. In some cases, we can determine whether or not you have a claim with a simple phone call and a brief intake interview. Also, many lawyers provide an e-mail request form on their website: you fill out the form, and the lawyers review your information. This practice allows them to decide whether or not they need you to come in for further questioning.

Why do I have to get a lawyer right away? What happens if I wait too long?
An accident case is built on the facts surrounding your accident and your injuries: the sooner you obtain counsel, the better. Quite often, a lawyer will use a professional accident investigator to gather evidence and establish the facts. This process needs to begin while the evidence is still available and while all the information surrounding the accident, such as witnesses, photographs, medical statements, etc. are easier to obtain. Also, there is a statute of limitations on injury claims, which means the case must be filed before a certain deadline. To build a case, your lawyer needs time to assemble the facts and evidence of the facts.

Continue reading "Frequently Asked Questions About Kansas City Car Accidents Answered" »

Reducing the number of car accidents in Kansas City, Missouri and in the region is an important cause for many organizations. If you watch the Missouri Maverick hockey games, you might have noticed the Arrive Alive logo on their boards. The message for hockey fans and all drivers is to Buckle Up, Drive Sober and Don't Text and Drive. The Mavericks are just one of the organizations who support the Missouri Coalition for Roadway Safety and have participated in Arrive Alive community events.

The Kansas City Missouri Coalition for Roadway Safety
The Kansas City Missouri Coalition for Roadway Safety is the region's Arrive Alive resource. It reaches out to the community with organized events and school partnership events to teach children and their parents about safe driving, particularly in the areas of seat belts, drunk driving, and texting/cell phone use. And organizations like the Mavs help by providing resources like Mac, the Mavericks' mascot, as well as venues for these events. Recently, Coach Hillman recorded a safety message about seat belt use, drunk driving, and teen driving statistics.

Seat Belt Mascots Help
The Missouri Coalition for Roadway Safety has a couple of mascots of their own. Buckle Bear is a teddy bear and Buckle Buddy is a dragon. Both tour community events and schools to help kids learn the importance of wearing a seat belt and to instill a desire to wear their seat belts all of the time. Buckle Buddy has a story book, mazes, zipper pulls, note pads, songs, and pledge cards, along with other resources to help send his message in a fun way.

Mac joined Buckle Bear and Detective McGruff the crime dog in Lee's Summit for the Missouri Department of Transportation's (MoDOT) Big Truck Night. This annual event is designed to give children and parents an opportunity to tour construction trucks, see law enforcement vehicles and watch demonstrations by K-9, Bomb Squad and SWAT units. The Seat Belt Convincer and Barrel Betty were also around to help educate people about traffic and construction zone safety and the importance of wearing a seat belt.

Continue reading "Missouri Mavericks Support "Arrive Alive" and the Kansas City Missouri Coalition for Roadway Safety" »

Our Richmond, MO car accident attorneys note a recent fatality involving a military vehicle. The accident took the life of a 49-year-old woman from Bucyrus. Officials from Fort Leonard Wood report that the two-vehicle accident happened between a heavy expanded mobility tactical truck and a Dodge Neon, according to the Houston Herald.

The female driver of the passenger vehicle was pronounced dead on scene. Her son who was a passenger in the vehicle, has been transported to the University of Missouri Hospital in Columbia where he was listed in critical condition. The two occupants of the military's Heavy Expanding Mobility Tactical Truck were not injured in the accident. The Army's Criminal Investigation Command and the Fort Leonard Wood Military Police are investigating the accident.

Car accidents in Richmond, MO that involve military or other government-owned vehicles -- or those that happen on military installations or on government property -- require understanding of laws which are intended to protect the government from liability.

Legal claims that are filed against the government can be tricky. There are a complete set of laws that are used to protect the government which can prove to put the victim at a huge disadvantage. These accidents can happen from dangerous conditions on public property, negligent operation of government vehicles or wrongful acts committed by government officials.

As the old Latin adage says, "Rex non potest peccare." What this means is that "The King can do no wrong." What this was used to convey was the idea that, in the Old World, rulers and officials would be immune from any liability. This means they were able to forgo laws, regulations, penalties and consequences. In other words, law enforcement could break the laws whenever necessary.

Every state in the U.S., excluding Louisiana, has chosen to adopt English common law. Back in the day, no one was able to sue the government. There was really no government liability at all.

Much has changed since then. In some cases, a resident can sue the government. You can sue the state for injuries caused by a government-owned vehicle or on government owned property. It's critical for you to contact an experienced attorney in the state who can help you through the process.

It's important that you contact an attorney in a timely manner, too. Oftentimes the government only allows you a small window of time after an accident to file a claim. If you fail to file a claim within this time, you could forfeit your rights to any sort of compensation.

Continue reading "Our Richmond, MO Car Accident Attorneys Recognize the Rights of Victims Involved in Accidents with Government Property" »