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Saying goodbye to your college-aged child as they leave for their college campus in their car filled with all of their belongings is something that many of us are doing right now.  Last year, many of us weren’t able to do this, as the pandemic forced most college students to spend a year of their college experience learning remotely. This is one of the riskiest times for your child  According to national statistics, over 20% of fatal car accidents each year are by drivers aged 18 to 22, and over 500,000 received serious injuries in motor vehicle crashes. Why are college students more prone to car accidents than other age groups? There are a few factors that put undergrads at a higher danger for car accident crashes. Fortunately, knowing the risks can help these drivers avoid some of the common pitfalls.        1. Moving to a New City Many undergraduates move out of town to new cities and states for school. Not only are they far away from your supervision and guidance, but they are unfamiliar with the street markings, traffic patterns, different signage, and common roadside hazards. Navigating through a new city is difficult for drivers of any age, but even more so to a younger age group who rely heavily on directions from iPhones and other digital devices. Safety Advice: Make sure that your young driver adds extra time to allow themselves to familiarize themselves with their new city or town. Advise them to drive around when they are not in a rush to better familiarize themselves with traffic flow, commuting times, and best routes to common places that they are going to drive to regularly, such as local restaurants, training fields, parks, and laundromats. Advise them to review GPS and smartphone maps before starting their drive.       2. Lack of Extensive Driving Experience  Naturally, younger drivers have less experience and they are at a higher risk of being involved in accidents – even at home. When college students add the complication of living in a new city, they find themselves driving in more complex driving situations like multi-lane interstates, one-way systems, or multiple lanes merging simultaneously. They do not know the roads and they do not have the experience to know how to drive defensively and reduce the risk of an accident. Safety Advice: Practice makes perfect.  As hard as it may be, find the opportunity to co-pilot with your college-age driver and introduce them to different types of driving conditions before sending them off to drive alone in an unfamiliar and likely urban setting. The more they practice driving, the better drivers they will become.        3. Exposure to a Party Environment and Campus Unfortunately, college campuses across the country are renowned for their party atmosphere.  It is critically important that parents and other key influencers reinforce the importance of not drinking and driving.  Nationwide, the highest percentage of drunk drivers that are cited are in the 21-24 age group despite the many commercials and other informative material flooding the airwaves during back-to-school months. Safety Advice: Reinforce the importance of safely using ride-sharing applications, such as Uber or Lyft, as well as having a designated driver rule. Many college campuses offer bus or shuttle transportation, and it is important that your child knows their options. Many parents have an unconditional promise – call me anytime 24/7 and I will help you find a way to get home.        4. Call Our Overland Park Car Accident Lawyers One of the best safety features for your peace of mind is to make sure that your college student knows who to call in the case of an accident.  No doubt the first call will be to you, but the second call while still at the scene of the accident should be to a trusted car accident lawyer. At Morefield Speicher Bachman, LC, we have decades serving Kansas City and Missouri car accident victims with their needs. We take pride in our ability to be able to work with our clients to help them navigate a difficult situation. We take pride in our personalized service to each and every one of our clients. Our focus is on helping our clients get back what they lost and we will fight aggressively to ensure that they receive the compensation they deserve. If you have been injured in an accident, fill out a contact form or call us at (913) 839-2808. The earlier we get involved, the better the likely outcome of your case.

If you have been in a Missouri or Kansas car accident, you are likely injured, upset, and unsure of what to do next. You never expect to be involved in a car accident and it is overwhelming when you are involved in an accident. Even if you are a safe and cautious driver, you cannot control how other drivers on the road are going to behave.  It is important to drive defensively and always be aware of your surroundings. This will help to prevent an accident, or at least reduce the damage if an accident occurs. Many car accidents that occur can be prevented if drivers focus on the task of driving and remove distractions. But, even if you drive as safely as possible, other drivers may not.   What to Do After A Car Accident Regardless of how safe and defensively you may be driving, accidents still happen. Immediately after a car accident, you may be scared and unsure of what to do next. You are likely not thinking about the steps that you need to take in order to safely and efficiently assess the situation and gather information that you need. Below are some necessary steps to take after you have been involved in an accident: Call law enforcement – even if the other driver doesn’t want to Exchange contact information with all parties involved Get the insurance information of all parties involved Take several pictures of the accident scene and vehicles involved Document the time, place, and surrounding circumstances (What was the weather? What were the road conditions?) Get the names and contact information of any witnesses Be sure to follow up and get checked medically Contact your motor vehicle accident attorney to pursue next steps Once you have contacted your car accident attorney, they will be able to gather information and advise you on the proper next steps. The benefit of having a car accident attorney working with you after an accident is that they will be able to ensure that you will receive the proper compensation that you deserve and they can help you avoid mistakes that could reduce the value of your claim. What Kind of Compensation Can I Receive? Being in a car wreck can be catastrophic physically, financially and emotionally. You may have sky high medical bills, a damaged or totaled car, and you may be unable to work and provide for your family. The stress and mental anguish of your circumstances can be significant. It is important that you understand that if your injuries were caused by the negligence of another party, you are entitled to compensation for your losses. Medical Expenses: You could be entitled to reimbursement of your present and future medical bills. Lost Income: If you are unable to work because of your injuries, you could be entitled to compensation for your missed time at work. Pain and Suffering: If you have suffered pain, suffering or other losses as a result of your injuries, you could be entitled to compensation for those harms and losses. Punitive Damages: If the other driver was intoxicated or reckless, you may be entitled to additional money in the form of punitive damages. We Are Here to Help You  The experienced lawyers at Morefield, Speicher, Bachman Law have been helping car wreck victims for decades. They have collected millions of dollars in compensation for their clients who have been victims of another’s negligence. Our legal team cares about our clients and works hard to ensure that they are properly cared for. Contact us for help.

As you may have experienced, COVID-19 has put increased pressure on the delivery service industry. With most of the population following stay at home orders or minimizing unnecessary travel, people have increased their online ordering and delivery of food and products. Many businesses are experiencing delivery delays due to this COVID-related demand and have to explore how to improve delivery timing. Some businesses that did not offer a delivery service before the coronavirus have been forced to add a delivery option in an effort to remain open and retain business.  Before COVID-19, local businesses distinguished themselves through the value of their products and services. In-person service was the most utilized service option, with some small businesses offering delivery as an additional service. During the coronavirus pandemic, many small and local businesses have developed a competitive edge by implementing a delivery service so that they do not fall behind. They have been forced to use another company’s technology platform for placing orders online and/or hiring a delivery service. As the need for delivery services has increased, it may have compromised the integrity of some delivery services. As more deliveries are being placed, it has left companies short staffed. This has forced delivery services to explore how to expand their teams to accommodate an increase in delivery demand. One FedEx driver compared everyday to a holiday, claiming they are working harder than ever, with limited vacation time available. While large companies, such as FedEx and UPS are hiring more and more delivery drivers and incentivising them with higher salaries, some of the other companies are not fully vetting their drivers. Smaller companies who did not originally have a delivery service option, may have created a sub-par delivery service. Their need to remain open and retain business outweighed their need to properly vet their delivery drivers. Delivery drivers are often incentivized to complete their deliveries quickly and efficiently, which may result in reckless driving and carelessness. If they have not been properly trained or drive dangerously, it becomes a hazard to other drivers and pedestrians on the road. When a delivery driver causes a collision, the driver obviously is responsible for his or her actions. However, the company that employed the driver often has responsibility, too. In some cases, there could be other parties who bear responsibility. These situations are very fact specific. It is important to gather information quickly and thoroughly to protect your rights. If you are involved in a motor vehicle accident with a delivery truck driver, or any car accident at all, contact counsel immediately. If you are injured, it is even more important that you have an experienced car accident lawyer fighting for your rights. Before leaving the accident scene, be sure that you: Call the Police and be sure to get the name of the responding officer. Get the contact information of the other driver and the company that they work for. Write down their license plate number and car/truck make and model. Take pictures of the accident scene if possible. If there were any witnesses, get their contact information. Seek medical attention immediately if you are injured. Do not sign any paperwork unless it is from a police officer. Contact your attorney to begin the legal process. At Morefield, Speicher, Bachman Law we have experience working with those injured in car accidents and truck accidents. You deserve to be treated with care and attention after a motor vehicle accident.  If the driver was inexperienced or had not been properly vetted and trained, it is the responsibility of the company to take action. Unfortunately it is all too common that the negligent party is not held accountable for their actions. Contact our team after an accident and we will ensure that you are cared for.

Wrongful death cases arise from many different causes. Fatality accidents are sadly an all too often occurrence on the roads and highways across Kansas and Missouri. If you have lost a family member in a car accident caused by someone else’s negligence, we are here to help guide you through the process of recovering some of what you lost. If you have lost someone due to a dangerous or defective product, dangerous condition or property or any other cause, we are here to help. We understand that you are living through a horrible tragedy and that you have needs in addition to fair compensation for your loss. We make every effort to be there for you in this difficult time. When it is appropriate, we will help you to find other professionals that can help you through your grieving process or who can help you with the aspects of your loss that require the assistance of someone other than a lawyer.

E-commerce has become a way of life for us. Ordering items online and having them magically arrive at our doorstep the next day is now the norm. We have become a culture that expects fast service, time saving and multitasking. Drive-through fast food, instant communications and one stop shopping are part of the American culture. Delivery companies such as Amazon, Walmart, FedEx and UPS have at times struggled to keep up with this ever-growing demand. Because of this, these companies have taken delivery service to new levels. Amazon alone is reported to have delivered 2.3 billion packages last year, while expecting a 99% on time delivery success rate. This expediency has a price. The reality is that to provide top notch service, drivers are pushed to extremes, causing serious injury accidents and even deaths. The Federal Motor Carrier Safety Administration has reported that between 2015 and 2017, FedEx drivers have been involved in a total of 1,762 crashes, with 575 injuries reported and 41 deaths. From 2012, the rate of accidents reported has escalated 254.5%. Since 2015, there have been 60 delivery truck accidents and 10 deaths associated with Amazon delivery accidents. In some cases, the companies that provide you with same-day or next-day delivery have escaped liability for the accidents and injuries that have occurred. In many instances, these companies claim that because their drivers act as independent contractors and not employees, they are not responsible. This position is debatable for many reasons. Delivery Companies Often Remain Blameless What is interesting here is that not only have these companies operated under a cloak of secrecy and kept a lid on how extensive their delivery networks really are, they have also tried to distance themselves from responsibility for the harms caused by their delivery network. In the relentless quest for more business and profits are they risking the safety of everyone on the road? Smaller, Unmarked Vehicles It is difficult to track the safety of delivery vehicles, for several reasons. Amazon for instance, often uses smaller delivery vehicles that are unmarked. Because of their smaller size, they are not monitored by the Department of Transportation, nor are they tracked by the Federal Motor Carrier Administration. Because of this, they have fallen into a regulatory void where they can avoid purchasing the large insurance policies required for the big rigs. Interestingly, it has been reported that they have purchased 20,000 more of these vehicles last year. Some Drivers Use Their Own Vehicles Many companies use apps to employ delivery drivers, such as Flex or Shipt. Through an app, a driver can sign up to work and use their own vehicle to make deliveries. While drivers are required to have a workable vehicle and carry insurance, no prior experience is necessary. They may not have a commercial license, and they go through minimal, if any, training. The vehicles may not be put through any type of safety protocol prior to beginning deliveries. And, the smaller vehicles may not carry the substantial insurance necessary to protect the public in the event of a wreck. Third Party Delivery Companies Large retailers also use small, independent delivery firms to keep up with demand. These small delivery companies are often loosely organized. One of the problems here is that because these delivery companies operate on such slim profit margin, safety may be compromised. There are many reports of poorly maintained vehicles and untenable conditions for employees. What is worse, when these third party delivery companies fail to provide adequate liability insurance, they may leave the victims of their negligence with very little opportunity to recover for their losses. Accidents are beginning to become more common, and unsuspecting motorists are paying the price. When an accident occurs the company whose product is being delivered can claim that they employ independent contractors and therefore they are free from any liability. However, these companies often establish the delivery routes, track the deliveries, direct how and when deliveries will be made, and require drivers to meet the company’s delivery speed standards. This issue is only going to increase during the holidays, when deliveries will multiply exponentially. At Morefield Speicher Bachman LC we believe that the driver is not the only responsible for the accident but in many cases, the company paying for the delivery of their product should also be held accountable. In cases where the delivery service is operating according to the requirements laid down by Amazon or the other product seller, the product seller may be responsible. We can investigate this issue for you. If you or a loved one has been involved in a delivery truck accident, call our office for advice as soon as you possible. We are here to help you get the compensation you deserve. Call us today at 913-839-2808.

Home Delivery Services – Mini Series Home Delivery Services –  The Human Cost Amazon has single-handedly changed the way we shop. Americans love the convenience of ordering something online and having it delivered to their doorstep the next day. Last year alone, Amazon shipped over 2.3 billion packages. This convenience comes with a real human cost, however, and the question becomes does the human cost of expedited home delivery services outweigh the convenience? Since 2015, there have been countless car accidents and 10 deaths associated with Amazon or other delivery service trucks. There are many tragic stories out there, all with a disturbing commonality – the delivery service vehicle caused the accident in the driver’s haste . Amazon has been successfully avoiding liability for these accidents thus far, maintaining that these drivers aren’t employees or agents of Amazon, and therefore, the company is not liable. At Morefield Speicher Bachman LC we believe that the driver is not the only responsible for the accident but in many cases, the company paying for the delivery of their product should also be held accountable. In cases where the delivery service is operating according to the requirements laid down by Amazon or the other product seller, the product seller may be responsible. We can investigate this issue for you. Several years ago, when United Parcel Service (UPS) and the U.S. Postal Service (USPS) couldn’t keep up with the high demand created by Amazon, the company got creative. Amazon enlisted an army of contractors to deliver their packages. These contractors range from smaller, private companies, to individuals hired via an app called Flex. Amazon safety concerns What is concerning is that while UPS and the USPS drivers are thoroughly trained in best-in-class safety practices, Flex drivers are not. In fact, they are trained primarily by watching a short safety video on their phones. In the meantime, Amazon and other online companies may call the shots on delivery times and hold these delivery workers to very tight schedules and require a 99% on-time delivery rate. The large volume of deliveries, combined with their tracking and expectations of these drivers has created an often chaotic environment out on the roads. These drivers zip from location to location in the name of staying “on-time,” often without regard to safety concerns. When the online company has created the conditions that result in a delivery driver abandoning safe driving practices, the online company should bear responsibility for the injuries that result. Amazon’s employee vs independent contractor relationship Amazon and other online companies exercise a significant degree of control over their delivery drivers, which suggests that the drivers are their agents, not independent contractors. Amazon continues to maintain, however, that they have no legal responsibility for these drivers and are not liable should an accident occur. In many cases these drivers carry minimal insurance to cover the injuries they cause. The crux of the matter is whether an employee-employer or respondeat superior relationship has been created between companies such as Amazon and their contracted delivery drivers. Generally, under this type of relationship, an employer is held liable for the negligent acts of their employees during their course of employment. In an independent contractor relationship, the company that hired the delivery service may not be responsible. Which relationship applies depends on various factors. Generally, if the employer takes taxes out of a worker’s pay, has control over what the person does and how they perform their work, there is an argument that an employer-employee relationship has been created. The level of control exercised over the driver is a key issue. If Amazon or another company is directing how and when the delivery driver will deliver packages, the company may be responsible for the driver’s actions under what is known as a respondeat superior theory of liability. It is critical to hire an attorney who is aware of this issue and who will investigate the identity of all persons and companies responsible for the driver’s actions. On the other hand, if a worker receives pay without taxes taken out, isn’t a candidate for company benefits, uses their own equipment, and makes their own schedule, it could be argued they are working as an independent contractor. A common employment scenario There are many cases against Amazon and other online companies in various stages of litigation. It remains to be seen how these cases will be decided. This scenario, however, isn’t all that uncommon. Not only in merchandise delivery but also in many other industries, there is a very blurry line between who is an employee and who is an independent contractor. When these lines are blurred, it is important to do a thorough investigation to determine whether the driver is responsible, whether the delivery service is responsible, or whether the online company is responsible. If you’ve been in an accident and wondering who or what company is responsible for your injuries – come speak with us. We are concerned with protecting you and your family from such practices and will aggressively pursue justice on your behalf. Call us today at 913-839-2808. published: Oct. 3, 2019

Summer means getting outdoors to enjoy the nice weather. More people are out and about walking and riding their bikes. Family and friends are gathering for BBQs and get-togethers. With this comes the increased likelihood that you or your friends will enjoy an adult beverage. You have heard it time and time again; it is illegal to operate a vehicle with a blood alcohol of .08% or above. One of the questions we sometimes hear at summer gatherings is, “Can you get a DUI while riding a bike (or scooter)?” Just don’t do it To be honest, we think a better question is whether you should operate a scooter or bike while under the influence. The easy answer is an emphatic “No!” If you have followed our firm, you know that we represent many victims of drunk driving accidents. We are supporters of Mothers Against Drunk Driving (MADD). We have seen, firsthand, the toll that drinking and driving can take on families. For your own safety and the safety of others on the road, you shouldn’t operate any vehicle, even a scooter, when under the influence.  We all know that alcohol impairs judgment and slows reaction time. If you operate a bike or scooter while intoxicated, you are jeopardizing not only your own safety but also the safety of those around you. While the legality of operating a bike or scooter under the influence varies from jurisdiction to jurisdiction, we strongly urge you not to do it. State and Local Laws  Whether you can get a DUI while riding a bike or scooter will depend on state and local laws. It is also important to note that this is an area of law that is quickly evolving in reaction to the new modes of electric transportation that continue to pop up on our streets and sidewalks each day.  There are some states that impose penalties for these activities that carry much of, if not the same penalties as those associated with a DUI while driving a motor vehicle. In some states, this offense is treated as a misdemeanor and carries penalties that include fines, jail time, driver’s license suspension, community service, and substance abuse evaluation. The determining factor is how the state statute is written. Some states, for instance, define a DUI as operating a “motor vehicle” with a blood alcohol of .08%. Other state laws use the term “vehicle” which is defined as “any and all devices capable of being moved or transporting people.” This is an important distinction and will dictate whether the law would apply to a bike or scooter. The Law in Kansas Currently, in Kansas, the statute states that drinking and driving is prohibited for all vehicles. But, this does not include bicycles. Many local ordinances, however, do include bikes.  The Law in Missouri In Missouri, the statute states that a driver is guilty of a DUI when they are operating a motor vehicle while intoxicated. Therefore, a bike would not come under this law. Again, that is not to say that it could not be an offense under a local ordinance. In Missouri, scooters and mopeds can qualify as a motor vehicle. If the scooter is motorized, has an automatic transmission, a cylinder capacity of less than 50 cubic centimeters (commonly referred to as “cc’s”) and has a maximum speed of 30 mph, a driver’s license is required to operate the vehicle and therefore could come under the DUI law. In fact, drivers of Bird or Lime electric scooters have received DUIs in Kansas City. Tips to stay safe Here are a few tips to keep in mind to ensure your safety and the safety of those around you: Don’t drink and operate a bike or scooter. Use the same sound judgment you would if you were driving a motor vehicle. Always wear a helmet. While not required in every jurisdiction, it is the single most important piece of safety gear you can have while riding a bike or scooter. Make sure your bike or scooter is in good operating order. Make sure you are visible to vehicles and pedestrians. Wear bright, reflective clothing and use headlights and taillights. When riding, keep your line and stay predictable to other drivers. Even with the best of intentions, accidents can happen. If you or a loved one has been injured due to a mishap or the negligence of another party, contact our office for legal guidance at (913) 839-2808. If you or a loved one receives a DUI while driving a bike or scooter, we encourage you to call another law firm as we focus our efforts on helping the victims of drunk driving.