Missouri Personal Injury Lawyer Blog

Here at Aaron Sachs and Associates, we're proud to be participating in "Safe and Sound Saturday" this Saturday, May 4, from 10:00 a.m. to 5:00 p.m. at the Springfield Expo Center in downtown Springfield. The event, hosted by KY3 and KSPR, provides a chance for families to learn all about different kinds of safety, whether at home, at play or on the road. Members of our staff will be there to hand out bicycle helmets to local children in need and to discuss the importance of safety helmets in preventing bicycle accident injuries.

For over 10 years, our firm has participated in a child safety helmet program that has provided thousands of helmets to children throughout Missouri. Since May is Bike Safety Month and summer is nearly here, we think it's a good time to highlight the importance of safe bicycling and helmet use. We hope to see you at Safe and Sound Saturday!

Facts about auto accidents involving bicycles:

• According to the Insurance Institute for Highway Safety (IIHS), approximately 2% of all motor vehicle accident fatalities are bicyclists. In 2011, 675 cyclists were killed in crashes nationwide.

• Annually, about 300,000 children are treated in hospital emergency rooms for bicycle-related injuries, reports KidsHealth.org. Of that number, at least 10,000 suffer injuries that require hospitalization.

• During the summer months, child bicycling fatalities increase 45% above the monthly average throughout the year.

• Life-threatening head injuries are common in serious accidents involving bicycles. About 67% of cyclists who were fatally injured in 2011 were not wearing helmets.

• Bicycle helmet use has been proven to reduce head injury risks by as much as 85 to 88%.

• Safety helmets are essential, wherever you or your children are cycling: about one-half of all bicycle crashes happen in driveways or on sidewalks.

Continue reading "Join us for Safe & Sound Saturday in downtown Springfield!" »

Spring is here, and our Springfield personal injury lawyers want to encourage area drivers to be mindful of motorcycle safety at this time of year, when motorcyclists are on the road in increased numbers. Because riders lack the protection of an enclosed vehicle, they are much more vulnerable to serious, life-threatening injuries in the event of a crash.

This week, a Michigan judge denied a motion to dismiss criminal charges against a man accused of driving into a group of motorcyclists, killing two men and injuring eight others. According to the Fond du Lac Reporter, 26 year-old Clinton Lovelace is charged with thirteen offenses, including two counts of homicide by intoxicated use of a vehicle. If convicted on all charges, Lovelace could be sentenced to more than 78 years in prison.

In May 2012, police say Lovelace was under the influence of a controlled substance when he crossed the center line of Highway 151, plowing into a group of 12 riders and striking 10. The group was taking part in an annual event known as the "Bridge Run" at the time of the accident. Two bikers, Daniel Winsemius and Douglas Yonkers, died from injuries sustained in the crash. Eight others were hurt, including Eric VanDam, who spent 98 days in the hospital and ultimately lost a leg.

Lovelace, who was also seriously injured, later claimed to suffer from amnesia caused by head trauma, making him incapable of remembering the accident. At the hospital, police discovered syringes and narcotics in the pocket of his blue jeans. Lovelace's attorney argued that the officers should have obtained a search warrant before searching through his personal items, but the judge disagreed, ruling that the evidence is admissible. The judge also denied a motion to suppress a statement Lovelace gave to investigators while in the hospital, finding that Lovelace had been read his Miranda rights before he spoke to police. The trial is set to begin in October.

Continue reading "Driver charged with 13 criminal offenses after fatal motorcycle crash" »

As Missouri personal injury lawyers, we know that semi-truck accidents often result in serious, life-threatening injuries. All too often, the victims of these devastating crashes are innocent motorists who were simply in the wrong place at the wrong time. Because of their massive size and weight, a semi-truck can be a deadly weapon, especially when it's operated by a careless or negligent driver. One disturbingly common factor in crashes involving large trucks is the problem of driver fatigue. To address this problem, Federal regulations govern the amount of time drivers are allowed to spend behind the wheel. Unfortunately, truckers and trucking companies sometimes don't follow the rules, often with tragic consequences. Studies show that truck drivers who have driven for more than eight consecutive hours are more than twice as likely to crash.

A local accident just last week proved how deadly these accidents can be. After causing a chain reaction crash that killed two men on Highway 60 in Republic, a California truck driver is now behind bars, charged with two counts of involuntary manslaughter. According to the Missouri Highway Patrol, 31 year-old Lei Sun had driven more than 70 hours within the previous seven days when he rear-ended a car and a pickup truck that had stopped for a traffic signal, crushing both vehicles between his semi-truck and another semi-truck that was stopped in front of them. Both men were killed instantly: 41 year-old Corey Gresham of Macon, and 65 year-old Lawrence Coan Jr. of Kimberling City.

Investigators say Sun was going 60 in a 45 mile-per-hour zone at the time of the crash. His truck never slowed prior to impact. "I don't know what happened with the driver," Gene Weedin, witness to the crash, told KY3. "Obviously he was doing something other than driving the truck."

Facts about fatigue and semi-truck drivers:

• Data from the Federal Motor Carrier Safety Administration (FMCSA) indicates that truck drivers average less than five hours of sleep each night. By contrast, adults require seven to nine hours of uninterrupted sleep each night.

• Sleep loss affects driving performance in a way that's similar to alcohol use. After being awake for 24 hours, the effect on a truck driver is equivalent to having a blood alcohol content of 0.10%.

• In an FMCSA survey, one in four truck drivers admitted to falling asleep while driving within the previous 30 days.

Semi-truck accident claims can be extremely complicated, largely because there are often multiple parties involved - including the truck driver, the truck owner, the driver's employer, a leasing company and/or a shipper that selected the trucking company. As a result, there may be multiple or different sources of recovery requiring different claims of liability against the various parties. Agreements between the parties as well as various insurance policies can complicate recovery as well. Further, there are different types of evidence that are important and need to be quickly recovered such as driver logs, drug test results, fuel receipts and black boxes, just to name a few.

Ultimately, because these crashes often result in serious, life-threatening injuries, the consequences are often numerous and far-reaching for both the victims and their loved ones. Under these circumstances, accident victims and their families need an attorney who can ensure their rights and interests are protected.

Continue reading "Semi-truck driver causes fatal chain reaction crash in Republic, MO" »

As Missouri car accident lawyers, we know that traumatic brain injuries can have devastating, long-term consequences for crash victims and their loved ones. March is Brain Injury Awareness Month, so we'd like to take the opportunity to discuss some important facts about these debilitating injuries and their impact on victims' lives.

Ten facts about traumatic brain injuries (TBIs):

1. According to the Centers for Disease Control and Prevention, a traumatic brain injury is "caused by a bump, blow or holt to the head or a penetrating that disrupts the normal function of the brain." A TBI can be classified as mild, moderate, or severe, depending on the extent of damage to the brain.

2. The Brain Injury Association reports that approximately 1.7 million Americans - including 475,000 children - sustain a traumatic brain injury each year.

3. Of that number, 1.365 million will receive treatment in hospital emergency rooms; 275,000 will be hospitalized; and 52,000 will die.

4. Children between ages 0 and 4, adolescents between age 15 and 19, and senior citizens age 65 and older are the most at-risk age groups for traumatic brain injuries.

5. TBIs are a contributing factor in about one-third of all injury-related deaths nationwide.

6. Approximately 3.1 million Americans are currently living with long-term disability caused by a TBI.

7. About 17% of traumatic brain injuries are caused by auto accidents. Other common causes include falls (35%), workplace accidents (16%), and assaults (10%). However, auto accidents are the leading cause of TBI-related deaths.

8. Every brain injury is different, so the symptoms and effects of a TBI vary from person to person, depending on the location and severity of the injury. Victims may experience a number of different physical changes, which can be temporary or permanent. These changes can impact a victim's thinking (memory and reasoning abilities); sensations (touch, taste, smell); language; and emotions.

9. Many TBIs require extensive, long-term medical treatment, which can come at a high cost. Annually, the CDC says the costs associated with TBIs (including direct medical costs and indirect costs, like lost productivity) total an estimated $76.3 billion.

10. TBI victims have an increased chance of developing other neurological disorders, including epilepsy, Alzheimer's disease, and Parkinson's disease.

Continue reading "Traumatic brain injuries a common consequence of car accidents in Missouri & nationwide" »

As Missouri personal injury lawyers, we know that car accidents involving teen drivers are all too common. Research indicates that teens have much higher crash rates than older drivers, even though they tend to spend less time behind the wheel. And this week, a series of fatal teen accidents grabbed national media attention, serving as a tragic reminder of the very real dangers facing young drivers.

Yesterday, five Texas teenagers were pronounced dead at the scene after their SUV ran a stop sign and was struck by an oncoming tanker truck carrying gasoline. According to the Associated Press, the collision triggered a fire that engulfed both vehicles and seriously injured the truck driver, who remains in critical condition with burns over 65% of his body. All of the SUV's occupants were killed, including the driver, 16 year-old Jacob Stipe, and four passengers: 17 year-old October Roys, 15 year-old Elizabeth Roys, 17 year-old Derrek Hager, and 17 year-old Christopher Moore.

On the same day, six teens were killed in Warren, Ohio when their vehicle ran off the road and overturned into a pond. Authorities say there were eight teen passengers riding in a five-passenger vehicle. Only two survived. And only days earlier, three Indiana teens died when two pickup trucks collided at a four-way stop. Both vehicles were driven by teens, and neither had stopped at the intersection.

Facts about car accidents involving teen drivers

• Car accident injuries are the leading cause of death for Americans between age 13 and 19.

• According to the Insurance Institute for Highway Safety (IIHS), the crash rate for drivers between age 16 and 19 is three times the risk for drivers age 20 and over, per mile driven. And the Children's Hospital of Philadelphia reports that "the greatest lifetime chance of crashing occurs in the first six months after licensure."

• Because young drivers lack experience, teen crashes are more likely to be caused by driver error than accidents involving older drivers. Three specific errors contribute to nearly half of serious accidents caused by teens: (1) lack of roadway scanning to recognize and react to hazards; (2) driver distraction linked to something inside or outside the vehicle; and (3) traveling too fast for roadway conditions.

• When two or more peer passengers are present in a vehicle operated by a teen driver, that driver's already-high crash risk more than triples.

• Recent data from the Governors Highway Safety Association reveals that deaths in 16 and 17 year-old drivers spiked dramatically during the first six months of 2012, increasing by nearly 20%. The increase marked the end of a decade-long reduction in fatal accidents involving teens.

Continue reading "Recent fatal accidents call attention to teen driving risks" »

Spring is finally upon us, which means many Missourians will soon be enjoying the numerous outdoor activities that are popular in our state. In this post, our personal injury lawyers share some information and safety tips related to all-terrain vehicles (ATVs).

Facts about ATVs, accidents and injuries

• In the U.S., approximately 800 deaths and 135,000 injuries occur each year as a result of ATV accidents.

• Around one-third of ATV-related deaths and injuries involve children under age 16. Between 2000 and 2010, the number of children killed in off-road vehicle accidents rose by 88%.

• ATVs are especially prone to rollover accidents, especially when they encounter unexpected obstacles or uneven terrain. Since ATVs can weigh up to 800 pounds, these rollover accidents commonly cause serious, life-threatening injuries.

ATVs and Missouri law

• Under state law, all ATV riders (whether operators or passengers) under age 18 must wear a helmet.

• ATVs may not be used on highways, except for agricultural or industrial purposes.

• No one under age 16 may operate an ATV, except when accompanied by a parent or when on land owned by a parent.

• All ATVs must be titled and registered, with the registration to be renewed every three years. No one under age 16 can legally register an ATV.

ATV safety tips

• Always wear appropriate protective gear. Wearing a helmet certified by the U.S. Department of Transportation is the most effective way to reduce your risk of sustaining head injuries in an ATV accident. In addition, protective gear like boots, goggles, and gloves can help protect you from cuts, abrasions and other injuries caused by outdoor debris.

• Don't allow children to ride adult-sized ATVs. According to the U.S. Consumer Product Safety Commission, children under 16 are twice as likely to be injured when riding adult ATVs compared to youth ATVs. Many safety experts recommend that parents prohibit young children from operating ATVs because they lack the necessary knowledge, strength, size and cognitive ability.

• Don't carry a passenger - or ride as a passenger - on an ATV designed to carry a single rider. Most ATVs are only meant to carry one rider - and ATVs are meant to be ridden interactively, so that the vehicle responds when the operator shifts his or her weight. A passenger can alter the distribution of weight and limit the operator's ability to control the vehicle.

• Avoid riding an ATV on paved roads, unless you are crossing a road legally and safely. ATVs are meant to be driven off-road, and they can be tricky to maneuver on pavement, making accidents more likely.

• Take an ATV safety course. Whether you're an experienced ATV rider or you're just learning, a safety course can help you build and develop safe riding skills. The ATV Safety Institute offers a free online E-course along with information about hands-on courses offered in your area.

Continue reading "Avoiding ATV accidents: Information and tips for Missouri drivers" »

Warm weather is on the way, and our Missouri personal injury lawyers thought it might be a good time to remind motorists about the importance of sharing the road with motorcycles. A significant number of fatal motorcycle crashes are caused by some form of driver error: in fact, more than 40% of all fatal motorcycle crashes occur when another driver turns left in front of an oncoming motorcycle. And, unfortunately, motorcycle accidents like these are not uncommon: in fact, they're on the rise. Consider these statistics:

• According to the National Highway Transportation Safety Administration (NHTSA), people are 37 times more likely to die in motorcycle accidents than auto accidents.

• 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.

Also, a motorcycle's size often factors in to passenger vehicle collisions. Since they are considerably smaller than other vehicles, motorcycles can be less visible to drivers of passenger cars and trucks. To avoid these fatal crashes, riders need to take certain steps to ensure they are seen by other motorists.

Continue reading "Watch for motorcycles on Missouri highways this spring" »

A Missouri senator has proposed a new law that would increase the fine for motorists who don't buckle up. According to the Jefferson City News Tribune, Sen. Joe Keaveny's bill would raise the seat belt fine from $10 to $50. Sen. Keaveny hopes that raising the fine will encourage more motorists - especially teenagers - to wear their belts regularly, and thereby reduce car accident injuries throughout the state. "If we could induce them to put their seatbelts on, I think we'd save a lot of heartache in this state," Sen Keaveny said.

Seat belt use in Missouri: The facts

• A Missouri driver who fails to buckle up is 42 times more likely to be killed in a crash than a driver who is wearing a seat belt.

• The Highway Patrol reports that seven out of 10 Missourians who died in 2011 car accidents were not wearing a seat belt. Of Missourians who were involved in 2011 accidents and escaped injury, 97.5% were properly buckled up.

• Nationwide, the seat belt usage rate is about 85%. Missouri's seat belt usage rate is 79%, and our state ranks within the bottom 10 in the nation for seat belt use.

• Data from the Centers for Disease Control and Prevention indicates that seat belts reduce serious injuries and fatalities in crashes by 50%.

Why don't more Missourians buckle up?

Here are a few of the most common excuses drivers give for not wearing a seat belt:

• I don't like wearing my seat belt because it's uncomfortable. If your seat belt feels confining, it's probably because you're not in the habit of wearing it regularly. Drivers who routinely wear their belts normally don't experience discomfort. And, as safety advocates point out, "the serious discomfort and inconvenience of motor vehicle crash injury in no way compares to the imaginary discomfort or the inconvenience you may think you feel wearing a belt the first few times."

• My vehicle has air bags, so I don't need to wear a seat belt. Air bags and seat belts should be used together to provide optimum protection. Air bags can be extremely important in frontal crashes, but front seat occupants can slide under them if seat belts aren't also used. In addition, air bags likely won't provide any protection in a rear end collision or rollover accidents, but seat belts can be life-saving under these circumstances.

• I don't want to be trapped in my vehicle if an auto accident causes a fire or submerges my vehicle in water. First, only about ½ of 1% of all crashes involve fire or water. And second, if you do find yourself in a burning or sinking vehicle, it's paramount that you remain conscious. If you're not buckled up, you may be knocked unconscious (or severely injured), which can hinder your ability to get to safety.

Continue reading "Proposed Missouri legislation would increase seat belt fines" »

When it comes to serious car accidents, our Missouri personal injury lawyers know that teenagers and senior citizens are the two age groups most at risk. Lack of experience and driver distraction are common contributing factors in crashes involving teen drivers, while elderly drivers can be impaired by health factors, like delayed reaction time. Despite the vast differences between younger and older drivers, both groups can gain knowledge and insight about their driving skills through devices like DriveCams.

The DriveCam has become increasingly popular in recent years: annually, DriveCams monitor 20 billion miles of driving and more than 400,000 drivers throughout the country. The device is a small camera that records both the roadway and the driver's behavior continuously. When a dangerous vehicle movement activates the "accelerometer," an LED light changes color on the camera, notifying the driver that a mistake has been recorded. At that point, the footage is saved and sent to professional risk analysts for review.

During the review process, professionals determine what factors contributed to the reckless driving maneuver. Then, they upload both the footage and their commentary onto a website, providing a report card that scores drivers' abilities and assesses their risk level. Ultimately, the device is designed to identify weaknesses and teach good driving skills, reducing accident risks. In young drivers, it also provides parents with a way to hold teens accountable for their behavior behind the wheel.

So far, the devices seem to be effective, particularly in terms of teen drivers. A study published in the Journal of Safety Research found that reckless driving behaviors were significantly reduced in a group of 26 teens monitored by DriveCams. According to the study, "drivers showed the most improvement in negotiating curves and making 90-degree turns, and weekly mentoring sessions between the new drivers and their parents were key to the safety gains."

Because devices like DriveCams are proving to reduce crash risks, many elderly drivers have become interested in the technology for their own learning: the combination of video monitoring and professional coaching offers older drivers an objective assessment of their abilities. In addition, cameras are now widely popular with companies that use large vehicle fleets, and with city transit authorities throughout the country. In Washington D.C., all Metrobuses are now equipped with camera systems, and drivers are rated on their performance over a 12 month period. Between February 2011 and January 2012, about 30 drivers were fired for using cell phones while operating their buses.

Continue reading "DriveCam technology assesses car accident risks and helps promote roadway safety" »

It's no secret that hand-held cell phone use is a common contributor to car accidents in Missouri and throughout the United States. As our personal injury lawyers know, numerous studies have indicated that cell phone use has a detrimental effect on a driver's performance. The Governors Highway Safety Association (GHSA) estimates that driver distraction plays a role in 15 to 20% of all crashes at all levels, from those that result in minor property damages to those that cause serious, life-threatening injury. And when the distracted driver is operating a large, heavy semi-truck, the potential for damage is even greater. In fact, the odds of being involved in a "safety-critical event" are 23.2 times higher for truckers who text while driving.

In January 2012, the Federal Motor Carrier Safety Administration (FCMSA) passed new cell phone and text message restrictions that apply to drivers of commercial vehicles. Notably, the rules completely prohibit semi-truck drivers from texting when they're behind the wheel. Texting is defined as "manually entering alphanumeric text into, or reading text from, an electronic device. This includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access a Web page, or pressing more than a single button to initiate or terminate a voice communication using a mobile phone." The rules do permit truckers to talk on their cell phones under certain circumstances, provided they're in compliance with the terms of the 2012 restrictions.

Frequently asked questions about distracted driving rules and commercial truck drivers

Under FCMSA guidelines, is there an acceptable way for semi-truck drivers to use cell phones when they're behind the wheel?
Drivers may use cell phones to conduct a vocal conversation, provided they meet the following criteria:

• The phone must be located so that the driver can access it while wearing a seat belt.
• The driver must use a headset or a speaker phone feature to conduct calls.
• The driver must use a single-touch button or voice-activated dialing to initiate calls.

Are truck drivers permitted to hold cell phones or dial numbers?
No. Holding a cell phone or dialing a phone number constitutes a violation of FMCSA rules. In fact, just reaching for a phone - even if the driver intends to use a hands-free feature - is prohibited.

Continue reading "Cell phones & semi-truck drivers: A dangerous combination for Missouri motorists" »

For the most part, Missouri has enjoyed an unseasonably warm winter this year, and as a result, many Missourians are taking advantage of the comfortable temperatures and participating in outdoor activities like bicycling. While drivers may not expect to see bicycles on the road at this time of year, the fact is that adults and children alike are still using their bicycles for recreation, exercise, and transportation to and from work or school. In this post, our Springfield car accident lawyers review some basic facts about bicycle accidents and provide a few important safety tips for everyone on the road.

Bicycle accident statistics:

• According to the National Highway Traffic Safety Administration (NHTSA), 618 pedalcyclists were killed and 52,000 more were injured in 2010 motor vehicle traffic crashes.

• Of bicyclists who were fatally injured in 2010, approximately 70% were not wearing a helmet.

• The estimated total cost of bicycle injuries and fatalities is more than $4 billion annually, reports the National Safety Council (NSC).

Safety tips for drivers:

• Be sure to allow at least three feet of passing space between the right side of your vehicle and the cyclist.

• Don't pass a bicyclist if you plan to turn right immediately after completing the pass, or if oncoming traffic is approaching. Treat the bicycle just like you would treat a slow-moving vehicle.

• Reduce your speed when passing a cyclist, particularly when the road is narrow, and avoid using your horn as you approach - doing so could startle the bicyclist and cause an accident.

Safety tips for bicyclists:

• Bicyclists are legally considered "vehicle operators," and are thus subject to the same traffic laws as other drivers. When bicycling, you must obey all traffic signs and signals - and if you're riding in the street, you must ride in the same direction traffic is moving.

• Since it's sometimes difficult for motorists to see bicycles, cyclists should take steps to make themselves visible. Wear brightly colored or fluorescent clothes, and if you ride at night, use front light and a red reflector or flashing rear light. You can also mark your equipment or clothing with reflective tape.

• Helmet use is the most effective way to prevent head injuries resulting from a bicycle accident. Bicycle helmets reduce the risk of serious head injury by an estimated 85%. Always wear a properly-fitting helmet when riding your bike.

As part of our firm's commitment to community service, we created a child safety helmet program designed to provide low-cost bicycle helmets to children throughout the state of Missouri. At our Springfield, Joplin, and Cape Girardeau offices, we sell helmets at below cost for only $5.00 a piece, and we also provide free customized fittings by appointment. For more information, click here.

Continue reading "Avoiding Missouri bicycle accidents: Tips for drivers and cyclists" »

What is a Missouri personal injury claim?

A personal injury claim may be filed when someone suffers injury due to the negligence of another party. Such claims are often tied to car accidents, semi-truck accidents, motorcycle accidents, pedestrian accidents and workplace injuries.

What steps do I need to take immediately following a car accident?

Call the police and report the accident. If you've been injured, you should seek medical treatment immediately: receiving prompt treatment can help protect your right to compensation. Also, symptoms of certain kinds of injuries (like whiplash and soft tissue damage) often don't appear under hours or even days after the accident. Thus, it's a good idea to get checked out by a doctor even if you think you're not hurt.

Also, start collecting information about the accident as soon as possible - the more, the better. You'll want the other driver's name, contact information and insurance information, along with names and contact info for anyone who witnessed the crash. When possible, it's a good idea to take photographs of the accident scene, the vehicles involved, and your injuries. Finally, you'll want to contact your insurance company and report the accident. Remember that you have no legal obligation to provide any information or a recorded statement to the other driver's insurer - and we encourage you to seek legal advice before doing so.

How do I know if I have a case?

The best way to determine whether or not you have a case is to speak with a personal injury attorney, who can review the specific details surrounding your accident and offer legal advice. In general, however, you may have a case if you sustained injuries due to another driver's negligence, and that driver's negligence caused you to suffer losses and damages.

Most personal injury lawyers - including our firm - offer a free initial consultation to discuss your accident and answer your questions. When you come to the appointment, be sure to bring any paperwork you have that's connected to the accident, including the accident report and all medical bills.

How much is my case worth?

Every case is different and may be influenced by a number of different factors, including the nature and extent of your injuries along with your medical expenses, lost wages, and pain and suffering. Assessing your total losses and damages can be a complicated task: again, it's often wise to consult a personal injury lawyer.

How do I know if I should accept a settlement offer?

Sometimes accident victims are tempted to accept a settlement check from an insurance company just to put the ordeal of an accident behind them. However, you should be aware that accepting a check often means that you are forfeiting your right to any future payment from the insurer. If you've suffered a serious, debilitating injury involving long-term medical treatment or permanent disability, you may have future expenses that haven't been considered. We encourage you to refrain from signing any documents or accepting a settlement before you've been advised of your legal rights and options.

Continue reading "FAQ: Personal injury claims & Missouri auto accidents" »

According to a recent report from the Kansas City Star, Missouri car accident deaths increased by 4% in 2012, following a six year downward trend. Captain Tim Hull of the Missouri Highway Patrol told the Star that troopers have noted "a jump in crashes caused by drivers whose right-side tires drifted off the pavement...Those drivers then either continued off the road and crashed or overcorrected and ended up in another lane of traffic, or even in opposing traffic." Indeed, as our personal injury lawyers know, overcorrecting can be a dangerous mistake, often leading to run-off-road (ROR) crashes and serious, life-threatening injuries.

What is overcorrection?

It's a particularly common scenario - one that can be extremely frightening, even for an experienced driver: you suddenly realize that your right tires have drifted off the roadway. Panicking, you impulsively yank your steering wheel to the left. While this response is instinctive, it can also make matters much worse. Often, overcorrecting causes a driver to run off the other side of the road, drive into oncoming traffic head-on, or roll the vehicle over. SUVs are especially prone to rollovers in accidents involving driver overcorrection.

What causes accidents involving overcorrection?

Overcorrection accidents tend to happen when a driver loses control of his or her vehicle, if only momentarily. This may happen for several different reasons, including:

• Distractedness. Distractions (i.e., using a cell phone; fiddling with the radio; talking to passengers; eating or drinking, etc.) keep drivers from devoting their complete attention to the road ahead. And it only takes a moment for a vehicle to drift out of its lane or off the road.

• Fatigue. When a fatigued driver nods off only to awake to the sound of his or her tires on rumble strips, overcorrection is a common response.

• Impairment. Drivers who are under the influence of alcohol or drugs are considerably more likely to veer in and out of their lanes. They are also less able to assess dangerous situations and respond to them quickly and safely.

• Traveling too fast for conditions. For example, speeding along a sharp curve can cause you to drift off the road, which frequently leads to overcorrection.

Avoiding overcorrection: What to do if you run off the road

If you find that your vehicle's right wheels have drifted off the side of the road, stay calm and resist the instinct to jerk the steering wheel to the left. Instead, reduce your speed gradually by taking your foot off the accelerator - don't slam on the brakes. Once you've slowed down, gently steer your vehicle back onto the pavement when it is safe to do so.

Continue reading "Overcorrection & Missouri car accidents: Safety tips & info for drivers" »

Drunk drivers and distracted drivers are regularly in the news, but there's another form of impairment that causes numerous Missouri auto accidents: drowsiness. In this post, our Kansas City personal injury lawyers share some facts, statistics, and safety tips related to the problem of the drowsy driver.

Drowsy drivers: Facts and Statistics

• In a poll conducted by the National Sleep Foundation, about 60% of adult drivers (or approximately 168 million people) admitted to getting behind the wheel while drowsy within the past year. In addition, nearly 40% of those drivers (approximately 11 million people) said they had actually dozed off while driving.

• Estimates from the National Highway Traffic Safety Administration (NHTSA) indicate that drowsy drivers contribute to at least 100,000 police-reported crashes every year. These accidents result in approximately 1,550 deaths; 71,000 injuries; and $12.5 billion in costs.

• When you've been awake for about 18 hours, your cognitive impairment is similar to a driver with a 0.05% blood alcohol content, according to the Centers for Disease Control and Prevention. After you've been up for 24 hours, your impairment is similar to a driver with a 0.10% BAC.

Drowsy driving: Who's at risk?

• Younger drivers, particularly males under age 26

• Employees who work long hours or night shifts (notably, night shift workers have a crash risk six times higher than the average driver; drivers who work more than 60 hours a week have a 40% greater risk)

• Commercial drivers (fatigue is a factor in at least 15% of all heavy truck accidents)

• Drivers with undiagnosed/untreated sleep disorders

• Business travelers (drivers who spend many hours behind the wheel, or who may be jet-lagged)

Warning signs: Are you driving while drowsy?

• Are you yawning or blinking excessively?

• Are you struggling with wandering or disconnected thoughts?

• Do you have trouble remembering the last few miles you've driven?

• Have you drifted out of your lane or been jerked awake by a rumble strip?

• Have you missed exits, turns or traffic signals?

Continue reading "Drowsy drivers & Missouri auto accidents: Facts, statistics & safety tips" »

No matter how carefully you drive, the odds are that you'll be involved in a car crash at some point during your lifetime. While you can't control other people on the road, you can take one simple, basic precaution to reduce your risk of serious injury: wear your seat belt. In this post, our Springfield personal injury lawyers share ten things Missouri drivers should know about seat belt use and roadway safety.

Ten things Missouri drivers should know about seat belts:

1. Wearing a seat belt is the easiest, most effective step you can take to reduce your chances of being injured in a car accident.

2. The National Highway Traffic Safety Administration (NHTSA) reports that lap/shoulder seat belts reduce fatal injury risks by 45% and moderate-to-critical injury risks by 50%.

3. According to the Missouri Highway Patrol, Missouri drivers who aren't buckled up are 42 times more likely to be killed in an auto accident.

4. In 2009, seat belt use saved an estimated 12,713 lives.

5. During the same year, more than 33,000 people died in U.S. car crashes. Over half of those killed were not wearing seat belts.

6. A NHTSA study estimates that over 1,600 additional lives could be saved - and 22,000 injuries prevented - if seat belt use was 90% in all 50 states.

7. Air bags are not a replacement for seat belts: the two devices are meant to work together. If you're not wearing a seat belt when your air bag deploys, you could be thrown into the air bag as it opens. That kind of force can cause serious, even fatal injury.

8. Seat belts should be worn so that the lap belt is secured across your pelvis (across the hips, below the stomach); the shoulder belt should be secured across your rib cage (away from your neck). These areas are able to withstand crash forces better than other parts of the body.

9. The way your seat belt fits makes a difference. When you're shopping for a vehicle, check the fit of the seat belts. In addition, you can use seat belt adjusters or extenders to help ensure the fit is right.

10. All passenger vehicle occupants should be buckled up. If you're carrying young passengers, make sure they are properly restrained in appropriate child safety seats. (To learn about Missouri's Child Restraint Law, click here.)

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