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Hit And Run Accidents Can Lead to Jail Time, but Do They Also Lead to Financial Compensation for Springfield, Missouri Victims?

November 23, 2011

A tragic hit and run accident that happened in Overland Park, Kansas will be of interest to our Springfield MO personal injury clients. A woman driving under the influence of drugs hit and killed a pedestrian; a 70 year old grandmother. Springfield personal injury lawyers have recently heard that the driver, Jill Conaghan, pleaded no contest to the charge of involuntary manslaughter, and was sentenced to three years and six months in prison.

83377_gloves.jpgSandra Carocari, 70, was gardening in her own front yard at the time of this unexpected accident. A van driven by (at that time) 19 year old Jill Conaghan swerved, veering off the road and hitting Carocari, who died at the scene. Conaghan at first drove away, but later returned with her father to the scene and confessed her part in the accident.

Conaghan also received a six month concurrent sentence for leaving the scene of an accident, which is considered a felony crime in Missouri if anyone has been injured or killed.

Do Criminal Court Proceedings Lead to Financial Settlements?

The question many of our clients ask is, "are there also grounds for a civil suit as well?" In the case reported above, Ms. Conaghan was sentenced during a criminal proceeding. Many people are under the misapprehension that when a person is convicted of a crime, the victims or their families will be compensated financially--but this requires a completely separate proceeding.

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Missouri Ranks 26th for Safest Bicycling State

Bicycling Magazine recently released their list of the top 50 safest cities for cyclists. There are a number of features that contribute to these safe driving cities and conditions aside from safe drivers. The survey considers features such as municipal bike racks and bike boulevards, segregated bike lanes and more. One important factor to have on your side is the attention of the local government, as they are in large part responsible for the design and construction of city roadways.
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To make Bicycle.com's list of the top bicycling cities, the city is required to have smart bike shops, a vibrant and diverse bike culture, safe roadways and a small list of bike fatalities and injuries. Only cities with a population of at least 100,000 were considered.

Our Missouri personal injury attorneys would like to congratulate Kansas City for landing a spot on the list of top 50 safest cities to bike in. Kansas City ranked 33rd in the nation. Missouri as a whole was ranked as the 26th safest states to bike in as well, according to the website. These are the areas in which the risks of a bicycle accident in Missouri have been reduced thanks to the hard work of cycling advocates.

Missouri placed 26th in the annual ranking of bicycle-friendly states during May's Bike Month. The website ranks these states on a number of factors including state legislation, education, bike infrastructure, and public funding.

According to the National Highway Traffic Safety Administration, the United States witnessed nearly 650 bicyclist fatalities in 2009 alone from motor-vehicle traffic accidents. There were an additional 51,000 bicyclists injured in these incidents. Traffic accidents that involved a bicyclist made up 2 percent of all traffic fatalities during the year.

The majority of the bicyclist deaths that occurred in 2009 happened in urban areas. They were most likely to happen at non-intersections. According to information from the previous year, these accidents increased by 5 percent.

Nearly 75 percent of bicyclist deaths happened during the daytime hours between 4:00 a.m. and 8:00 p.m. This was also a 6 percent increase from the previous year's incidents.

During 2009, the average age of bicyclists that were killed in accidents was 41-years-old. We've have seen a steady increase in this average age. This increase of average age holds for both those most likely to be injured and those most likely to be killed in a Missouri cycling accident. Consequently, such accidents often victimize a families primary breadwinner, leading to devastating financial consequences for Missouri families.

Here are some safety tips for motorists to help keep our two-wheeled travelers safe:

-Slow down! Be sure to reduce your speed when traveling near bicyclists.

-Right-of-way. Be sure to give bicyclists the appropriate right-of-way. Treat them as you would another driver.

-Allow more time. Because they take longer to cross intersections, allow them even more time.

-Keep an eye out. Bicyclists can be hard to see at times. It's encouraged that you pay extra attention at intersections and when opening car doors.

-Pass with care. Be sure you give a bicyclist plenty of room when passing. Wait until it's safe to do so. Allow 3 feet, at least, between your car and the bicyclists.

-Child's play. Be extra cautious around child bicyclists as they are even less predictable than adult bicyclists.

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New Report Highlights Risks of Pedestrian Accidents in Springfield Missouri and Elsewhere

A new edition of the pedestrian safety report, provided by Transportation For America, has been released. This new report takes a look at the 47,000 pedestrian fatalities that occurred between 2000 and 2009. It also looks at the 688,000 pedestrian injuries. All of these incidents were a result of motor-vehicle-related accidents on our roadways. The data will be used by Dangerous by Design 2011 to examine these occurrences and search for new ways to reduce the risks of these pedestrian accidents in Missouri and elsewhere throughout the United States.
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Our Missouri personal injury attorneys understand that pedestrian accidents have become an epidemic that is all too accepted in our area. There are a number of ways that we can help decrease the risks of these accidents. Drivers are asked to practice extreme caution behind the wheel to help protect our on-foot and two-wheeled road travelers.

The new report comes equipped with national data and city-specific data through a number of fact sheets. The data is also available through an interactive pedestrian map that illustrates the specific whereabouts of the serious, and fatal, accidents.

According to the report, there were more than 800 pedestrians killed in Missouri during the studied years. These fatalities cost the state nearly $3.5 billion. Our state ranks 17th out of the 50 states on the Pedestrian Danger Index (PDI).

A majority of these pedestrian accidents happen along "arterial" roads. These are roads that have been constructed to accommodate speedy traffic and provide little to no safety measures for pedestrians. These are roads for which federal funding is provided for construction. Even with the alarmingly high number of pedestrian fatalities along these roads, Congress is still considering eliminating their funds to make them safer for walkers, joggers and bicyclists.

This fund only makes up less than 1.5 percent of the current federal transportation outlay. Highway-only lobbyists also continue to argue that safety is a feature that must be provided by local governments. Still, they're forgetting that roughly 70 percent of these accidents occur on federal-aid roads. These are the roads that are eligible to receive federal funding and must follow federal guidelines for their design.

The most dangerous counties in Missouri for fatal pedestrian accidents:

-Jackson, 136

-St. Louis, 105

-Greene, 33

-Jefferson, 28

Until federal programs focus on pedestrian safety, these numbers will continue to be alarmingly high. Federal programs are currently still encouraging that state departments of transportation focus on speedy flowing traffic over the safety of pedestrians in neighborhoods and shopping districts.

If you think our tax dollars should be used to increase the safety of pedestrians, you are urged to contact Congress and voice your opinion. Now is no time to cut funds for pedestrian safety.

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