msb, Author at Morefield Speicher Bachman, LC

What Kind of Damages Can I Get in a Wrongful Death Case?

Personal Injury, Wrongful Death / By msb

Losing a family member is one of life’s most difficult experiences. If the death was caused by the misconduct or negligence of another, it is even more shocking. If you have experienced the loss of a loved one, you are likely reeling from grief, confusion, and disbelief. If this weren’t enough, you may be experiencing serious financial losses as the result of losing your family member. It is important to be aware that if your loved one’s death was caused by recklessness or negligence, you may be able to seek compensation for your loss. You could be entitled to reimbursement of medical expenses, mental and physical pain and suffering, lost wages and more. It is important to speak with experienced legal counsel to ensure that your rights are protected. What is a Wrongful Death Lawsuit? If a person dies due to the negligence or misconduct of another, survivors can seek damages for their family member’s death. While every jurisdiction varies, a wrongful death lawsuit is usually brought by the spouse or family member of the deceased. It can also be brought by a representative of the deceased’s estate. What Kind of Damages are Possible? The purpose of damages in a wrongful death action is to compensate the deceased’s family for their economic and emotional loss caused by the death of their loved one. The amount and type of damages you could receive will depend on the jurisdiction involved and the circumstances of your case. In order to determine the amount of damages, the court will consider: The age of the victim The state of their health when they died The victim’s earning capacity Their income at the time of death The victim’s profession, education, and training The age and circumstances of any dependents The amount of medical expenses incurred Value of any lost benefits Burial expenses Every state has its own unique laws that will determine what type of damages may be available and whether there are any caps on the amounts awarded. There are differences between the wrongful death statutes in Kansas and Missouri for instance. Economic Damages Damages in a wrongful death action are broken down into two categories, economic or non-economic. What is considered economic or non-economic damages varies by jurisdiction. Economic damages include things that are quantifiable, such as medical expenses, funeral expenses, and loss of income. Generally, there are no caps on the amount of economic damages that can be awarded in Kansas or Missouri. There is, however, an exception to this in Missouri. If the damages arise out of a medical negligence claim, there is a cap of $700,000. Non-Economic Damages Non-economic damages include things that aren’t easy to put a price on, such as loss of comfort, care, and companionship, loss of parental care, guidance and education, or loss of marital care for instance. The non-economic damages that can be awarded vary between jurisdictions and have changed over time. In Kansas, there is currently a cap for non-economic damages of $325,000. There is no cap for these types of damages for Missouri. Punitive Damages Punitive damages can sometimes be awarded as well. These types of damages are appropriate where the acts of the defendant are considered particularly reckless or egregious. Whether these damages are available also varies by jurisdiction. In Missouri for instance, statutes provide for punitive damages where aggravating circumstances are present. Kansas, on the other hand, does not have a statute specifically addressing this. However, they may be permissible under common law. We’re here to help If you have lost a loved due to the negligent actions of another, come speak to us. The laws surrounding wrongful death are complex and it is important to seek the advice of experienced legal counsel. We understand the grief and stress that you are experiencing and are here to help. We can assess the circumstances of your case and determine whether a wrongful death action is in your best interests. Call us today at 913-839-2808.

OSHA Compliance – Increases Excavation and Trenching Enforcement

Construction Law / By msb

OSHA Compliance – Excavation and Trenching The Occupational Safety and Health Administration (OSHA) has announced that it is stepping up their safety enforcement and education with an excavation and trenching National Emphasis Plan. This OSHA compliance activity will last for a period of at least three months but could go on for an indefinite period of time. The Agency stated, “OSHA will concentrate the full effect of their enforcement and compliance assistance resources to help ensure employers are addressing these serious hazards.” This new plan became effective on October 1, 2018. The reason for this program is because there has been a marked increase in trenching fatalities. In 2016 alone, the number of these accidents was nearly two times the average for the past five years combined. OSHA reported that “because of the continuing incidence of trench/excavation collapses and accompanying loss of life, the agency has determined that these worksites continue to warrant an increased enforcement presence. OSHA has long maintained that employees exposed to potential cave-ins must be protected before the excavation face is in imminent danger of collapse, because OSHA believes that there is a potential for a collapse in virtually all excavations.” If you are uncertain as to whether your business in is compliance with these safety regulations, it is important to take advantage of their three-month grace period. During the grace period, OSHA regional and area offices will conduct outreach and assist with safety compliance. The outreach programs offered will include seminars for employers, labor groups and trade associations, as well as a free onsite consultation programs to help identify potential hazards. After this time, OSHA compliance officers will conduct inspections, and business owners and contractors could be subject to steep fines. It’s no secret that trenching and excavation are some of the most hazardous construction operations there are. Countless dangers are involved with these projects, which cause hundreds of injuries and fatalities every year. Cave-ins are the most dangerous, and result in the most fatalities. Other dangers can include incidents involving problems with equipment, falls, and hazardous conditions. It is important to ensure that your business is in compliance and your employees are safe. OSHA recommends the following: Employ Protective Systems Slope or bench trench walls Shore trench wall to prevent soil movement Shield trench walls to prevent cave-ins Prevent Collapses Any trench 5 ft. or deeper requires a protective system Any trench 20 ft or deeper requires a protective system created by a professional engineer Don’t Enter a Trench Unless Cave-in protections are present There is a safe entry and exit It has been properly inspected There are no materials near the ledge There are no atmospheric hazards or free-standing water This is a good time for construction businesses, contractors and any company with a building project planned to review their policies and ensure they are following trenching and excavation safety rules. This can take a great deal of time and energy, and includes pre-planning, and ensuring that employees are following proper safety procedures and daily inspections. If you have any questions or concerns about this new development, please contact us for guidance on this and any other construction law related issue.

Construction Industry Trends for 2019

Business Law, Construction Law / By msb

If you’re a construction business owner, it is important to be aware of upcoming trends in the industry. Being able to anticipate what is ahead will keep you from falling behind and help you remain competitive in an ever-changing business climate. The construction industry had a good year in 2018. Approximately 280,000 new jobs were added, and worker fatalities dropped to their lowest point since 2011. On the other hand, the industry faced some challenges, such as dealing with labor shortages and increased labor costs. Looking at the beginning of 2019, the trends that are emerging include: Slower Growth The industry has been perking along nicely and registered its seventh consecutive year of growth, rising 5.4% since 2017. While this growth is expected to continue, it is predicted to be at a slower rate. In the U.S., the forecast for total construction is at $808 billion, which is in keeping with the $807 billion that was predicted last year. Experts say this points to less vibrant growth in the coming year. The 2018 tax benefits we have enjoyed are starting to fade, and experts say that short-term and long-term interest rates will increase. While the possibility of a downturn is out there for 2019 or 2020, experts believe that it won’t be as drastic as the downturn in 2008. Labor Shortages and Material Costs The labor shortage is being felt around the country. Finding qualified workers to keep up with the demand in construction is challenging. As of November of 2018, unemployment was at a 50-year low of 3.7%, creating a labor shortage across the U.S. This year The Associated General Contractors of America reported that 79% of firms expect to add employees this year. At the same time, however, 78% of the firms report difficulties in finding salaried and hourly positions. Prices for construction materials have been on a steady rise. Threats of trade wars and tariffs have only added to this. Experts predicted a materials cost increase of 2-3% through 2018. Associated Builders and Contractors, however, reported that there was a 9% increase in building materials in the past year. The biggest increases were seen in softwood lumber, iron, steel, and steel mill products. Integrating More Technology Many recent technological advances have made their way into the construction industry and will continue to do so in 2019. The use of drones and 3-D printing, for example, are proving useful in the industry making construction work safer and easier. Other interesting technologies are on the horizon as well, including self-driving cars and the use of Business Information Modeling systems (BIM), which will assist in making the collaboration and coordination of projects much easier. Green Technologies It seems that Americans are more focused on the concept of sustainability now more than ever before, and that is being reflected in the construction industry. Interestingly, construction work accounts for 20% of global emissions. Green construction involves working on projects in a resource efficient and environmentally responsible way. Going green involves adopting smarter construction methods as well as using green materials such as carbon building facades, asphalt that will “heal” itself and thermally driven air conditioners. Sustainability and green construction are a trend that is expected to continue. Staying up to date on green technologies and methods can give you an edge in being selected for projects that require or prefer green technologies. Improved Safety Construction work can be dangerous and construction workers suffer from far more injuries and fatalities than workers in other industries. This has led to important new and improved ways to increase safety. Technologies are being designed to make construction projects safer, which include new mobile apps and computer programs to help employees adhere to safety guidelines. If you need help planning for the business year ahead or have a construction law issue you would like to discuss, please contact us. How do 2019 global construction trends compare to US trends.

Can a Minor Car Crash Cause A Major Personal Injury?

Personal Injury / By msb

Major Personal Injury in Minor Car Crash? Car crashes account for an astounding number of major personal injuries every year. The National Highway Traffic Safety Administration (NHTSA) reports that approximately 6 million auto accidents occur annually in the U.S. While not all of these accidents result in injuries, many do. We all know the types of injuries that can be caused by a car crash, including things like lacerations, bruises and broken bones. There are, however, many major personal injuries that can occur that are not readily apparent and can be difficult to detect. These injuries may not be obvious at the time of the crash, however as days or even weeks go by, symptoms can arise. If you or a loved one has been in a car crash, it is important to be aware of any symptoms you have and take them seriously. And, even if you “feel fine,” it’s important to get checked out by a physician. Here are several serious injuries that may not be apparent at the time of the car crash but may show up in the days or weeks that follow. Whiplash Injuries One of the more common injuries that can occur is whiplash. This injury occurs when the head or neck of a driver or passenger is jolted forward and backward. This motion can cause serious injury to the muscles and ligaments of the neck. It is important to note that the crash doesn’t have to be severe to cause this type of injury. Herniated Disc or Back Injuries A herniated disc is an injury that can be caused by a car crash, where the force of the collision causes a spinal disc to be moved out of place, distorted or ruptured. This can cause inflammation and pain from pressure on the nerves. In some cases, victims may experience extreme pain, muscle weakness and numbness, tingling or shooting pain in their extremities. While this and other back injuries may not be apparent at the time of the accident, they often require medical treatment and possibly surgery. Traumatic Brain Injuries A concussion or serious head injury can be caused by the victim’s head hitting the steering wheel or window or can even occur if the head was whipped back and forth or side to side during the wreck. A traumatic brain injury can cause many symptoms which may not arise at the time of the car crash but can develop over time. These symptoms include confusion, headaches, blurred vision, balance and coordination problems, sensitivity to noise and light, nausea and vomiting. The important thing to be aware of here is that the signs of a traumatic brain injury may not be obvious at the time of the car wreck. Prompt medical treatment is important as soon as the victim is aware of symptoms of this type. Knee Injuries Knee injuries are not uncommon after a car crash. These injuries can occur when the driver’s knee hits the dashboard, or even when the driver abruptly slams on the brakes to avoid a collision. There are many different knee injuries that can occur such as a cartilage tear, knee fracture, or ACL tear. Symptoms from a knee injury can be delayed and may increase as inflammation develops. The major personal injuries listed above are just a few of the types of injuries that you or a loved one may sustain if you are involved in a car accident. Our team of experienced personal injury lawyers are well versed in how to work with insurance companies, or if required go to court to help you receive the benefits that you will need to recover.

What to Do if You Have Been Injured by a Defective Product

Personal Injury / By msb

According to the U.S. Consumer Product Safety Commission (CPSC), defective products injure millions of Americans every year, and kill thousands of others. We use dozens of different consumer products each day. Nearly any product we encounter could be dangerous if it is defective. Defective products can range from children’s toys, to medical devices, to automobiles, and much more. If you or a family member has been injured due to a defective product, it is important to know that you may be able to recover your lost income, medical expenses and other damages. Governmental agencies such as the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA) and the National Highway Traffic Safety Administration (NHTSA), work to monitor consumer products and ensure they are safe. Thousands of products are recalled every year when a product defect is suspected. What is Product Liability? Product liability refers to holding a manufacturer or seller liable for placing a defective product in the hands of a consumer. The liability for this can lie with the manufacturer or a seller that is involved in the chain of distribution. This includes: The manufacturer of the product. The manufacturer of the component parts. The wholesaler. The retailer. The law requires that products not be unreasonably and unexpectedly dangerous to the consumer. When someone is injured by a defective product, liability is usually based on the legal theories of negligence, strict liability or breach of warranty. Types of Defective Products Just about any consumer product can be considered dangerous if it is faulty. Products that are commonly involved in a defective product claim include: Defective medical products. Dangerous medications. Tainted food or beverages. Defective motor vehicles or component parts. Faulty home appliances or furnishings. Unsafe toys or children’s products. Toxic cleaning agents, gardening supplies. How is a Product Defective? In order to make a defective product claim, we will need to prove that the product was defective due to: A manufacturing defect: This would include production flaws or product contamination for example. A design defect: The design of the product may make it inherently dangerous. Failure to warn: This means there was inadequate warning about the product’s risks, inaccurate instructions, or misleading marketing. How Do You Prove a Defective Product Claim? In order to prove a product liability claim, key elements must be present which include: The product was used for the purpose it was intended; The use of the product caused injury or monetary loss; The product was defective because of a failure to warn, design or manufacturing defect; and The product defect directly contributed the victim’s injury. If you or a loved one has been injured by a defective product, it is important to take prompt action to ensure that your rights are protected. It is important that you keep the product that has caused the injury, if possible. This would include any packaging, and documentation associated with the product such as receipts, extended warranties and maintenance documentation. Please contact our office. We are here to help. The sooner we get involved the better. We can ensure that important evidence is preserved, and your rights are protected.

Tips About Getting Paid In The Construction Business

Construction Law / By msb

By Stan Bachman Morefield Speicher Bachman, LC Cash flow is king in construction and getting paid is perhaps the most important variable whether a business strives or survives. Getting paid in the construction business has unique challenges. What is the best way to get paid? What do you do if payments are delayed? Or worse case, what do you do if you don’t get paid at all? There are logical reasons why it’s particularly difficult to manage a construction company’s the cash flow: Projects are cash intense and have long timelines going on for months and years. Retainage is commonly 10% and is withheld for extended periods of time; retainage is often equal to or more than the contractor’s margins for overhead and profit. Construction projects are complex, risks are high and compounded by uncertainties like weather, labor and material shortages and labor and material cost increases. Clients are often highly leveraged with extremely tight budgets that don’t account for contingencies during the construction of the project, often resulting in disputes over payment. Margins are thin, and quickly evaporate when things go wrong. Cash flows downhill…if the Owner is slow pay, the general contractor is slow pay, etc. Final payments can get bogged down and often unfair amounts are withheld to ensure the work is completed to everyone’s satisfaction. Here are a few tips to help ensure you are in as strong a position possible to get paid: Credit Worthiness Due Diligence Before doing any work on credit, get a credit application or credit agreement. Inquire with the Secretary of State’s website confirming that a customer is a legal entity as presented on the credit application. Check to see if their licenses are current. Ensure all business names match up as legal entities. If they don’t, it could be more difficult to enforce contracts, liens and bond rights. Setup A Guarantor of Account If your customer doesn’t have enough cash or assets to pay a debt, then you shouldn’t be signing up to do the project; however, if the business is cash poor, perhaps the owner’s of the company you’re contracting with has financial resources to pay the bills. Don’t expect to negotiate this after a contract is signed. Address financing of construction payments in advance. When possible, get personal guarantees of payment and run credit checks on the company. Bottom line…know where the money’s coming from to fund the project. Keep A Regular Audit Process Audit customers and suppliers even after a project has started. Be on the lookout for any changes to names of legal entities. A name change is a red flag that needs investigated as to why. Any change in credit standing signals the need to reconsider credit terms. Exercise Lien and Bond Rights If you encounter payment problems, don’t forfeit or waive your liens and bond claims. Know the timelines, deadlines and notice requirements. There are differences in public and private projects, and differences from state to state. Contact us before you start sending notices. We’ll provide important insights based on your specific project requirements. Include Project Name On All Documents Be sure to include the name of the project on invoices, purchase orders and even delivery tickets. This will make it much easier to substantiate lien or bond rights. It confirms what’s owed to your firm for that specific project and it helps with lien deadlines. Require all suppliers include the name of the project on invoices and delivery tickets. By taking simple steps such as these before, during and after a project, you will increase the odds that you will get paid for the services or equipment that you provided. Because, make no mistake, these steps can mean the difference between a business that’s profitable and thriving, or one that’s facing a highly uncertain future. Start With the End in Mind From day one, document, document, document. When a financial problem occurs due to non-payment, and the need arises to file a lien or bond claim, then is NOT the time to create the documentation. Put policies and procedures in place that keep all documents that will be required for a lien or bond claim current, and keep them current. When a claim is needed, at a minimum you’ll need to be able to prove, with documentation, the “who, what, when, where and how” of the work you performed. About Stan Bachman I was a general contractor and business owner for 25 years before becoming a lawyer. That background lends me insight on how to provide legal representation and services for my clients and companies in the construction industry. I have an understanding of what it means to be in, and walk in your shoes. If you’re currently dealing with a construction payment issue, need help with payment terms in a contract you’re considering, or any other business and construction law need, I’d be happy to assist. Stan Bachman Morefield Speicher Bachman, LC 11814 W. 135th St., Overland Park, KS 66221 913.839.2808 msblawkc.com

The Dangers of Drowsy Driving in the Trucking Industry

Personal Injury / By msb

Driving and fatigue are a dangerous combination. But when it comes to drivers of big rigs, the problem is even more serious. Commercial trucks weigh up to 80,000 pounds. Because of their sheer size and weight, they are difficult to control. Stopping a truck or making a sudden maneuver requires more time and distance than with a passenger vehicle. A fatigued driver operating a truck spells increased danger to all drivers on the road. Drowsy driving is responsible for up to 100,000 vehicle wrecks annually. In terms of big rig wrecks, the National Transportation Safety Board reports that 30-40% of all commercial wrecks are caused by driver fatigue. When there is a fatality collision between a big rig and passenger vehicle, 98% of the time the fatality will occur in the passenger vehicle. To combat the issue of driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) created Hours in Service rules. These rules apply to all commercial vehicles that meet certain weight and carriage specifications. Just a few of these new rules include: All drivers are required to have 30-minute rest breaks for every 8 hours of driving. Drivers are allowed an 14-hour work day, with a daily limit of 11 hours behind the wheel. The maximum average work week for a truck driver is now 70 hours, instead of 82. Truck drivers are under pressure to meet pick-up and delivery deadlines and stay on schedule. They often work very long hours on monotonous roadways. To make matters worse, unscrupulous trucking companies may even encourage this behavior, and turn a blind eye to incorrect driving logs. In an effort to meet tight deadlines, some truck drivers will use over the counter stimulants and prescription drugs, as well as illegal drugs to stay awake. This of course, only makes matters worse. Rather than relieving fatigue, stimulants will often make matters worse. Driver fatigue of course, isn’t the only cause of truck wrecks. These events can also caused by bad weather, traffic problems, unsafe roads and mechanical failures. Federal regulations attempt to address these issues. These regulations involve enforcing proper truck maintenance, safe vehicle operation, drug and alcohol testing, route testing and much more. Truck drivers and the companies that employ them are always required to comply with state and federal regulations. The Institute of Highway Safety has found however, that long distance truck drivers often break these rules. In one study, 33% of truck drivers interviewed admitted to routinely violating these rules. Driving in an exhausted state could be negligent. Drowsy driving causes truck wrecks and presents a danger to anyone on the road. If you or a loved one has been injured in a trucking wreck, it is important to come speak with us. If the wreck was caused by the negligence of another, you could be entitled to compensation for your injuries including lost wages, reimbursement of medical costs and pain and suffering.

How To Better Protect Your Firm Against Construction Defect Claims

Construction Law / By msb

By Stan Bachman Morefield Speicher Bachman, LC Two words that create instant anxiety for construction contractors are”construction defects.” That’s because there are a host of complexities that cascade from construction defect litigation. The costs to defend a claim can be significant. The time involved to defend yourself is considerable. And the implications for your reputation leave you at a huge risk. Indeed, your entire livelihood could be at stake. The construction business is already complex, and it continues to be even more so. New technologies have unknown consequences. New techniques in design and construction, along with new materials, and the relentless focus to be on time and on budget make your job all the more challenging. All the while, the legal risks mount. So, let’s look at a few areas where you can reduce your legal exposure to construction defect litigation. Take Control of Your Records First and foremost, maintain excellent records. Most construction suits occur years after project completion. Maintaining impeccable records are a must for a strong defense. Some of the more important documents to keep includes: – The contract and all change orders. – Requests for information. – Insurance policies, both yours and your subcontractors and suppliers. – The plans and specifications. – All changes to the plans and specifications. – As built drawings and specifications. – Copies of inspection reports. – Your notes and diaries maintained during the project. – Meeting minutes and notes. – Copies of schedules. Make Sure You’ve Got A Strong Insurance Policy A commercial general liability (CGL) requires the insurance company to provide your legal defense to any lawsuit against you for claims of negligence in performing your work. Construction insurance law is complex and beyond the scope of this article, but just know that even if the insurance company provides your legal defense, it doesn’t mean they are also going to cover your damages. Also keep in mind while the insurance company might pay for damages, you are still going to be liable to pay for the costs to remedy your work. Managing Your Risk With Subcontractors or Sub-subcontractors Never use uninsured subcontractors or sub-subcontractors. This situation puts you at tremendous risk and even increases the cost of the insurance. When dealing with your lower tier subcontractors, be sure to request you be named as an additional insured on a primary basis on their policy, and be sure to get a certificate of insurance that shows this has been done. Also, be sure there is continuing coverage after the project is complete, as more times than not the lawsuits don’t occur until well after the project is completed. Be sure your subcontractor’s insurance policy limits meet or exceed your contract requirements. Use indemnification and hold harmless agreements with your lower tier subcontractors, while at the same time making sure you don’t agree to unfair agreements with your client. Conclusion Construction defect litigation is complex. It can involve multiple defendants, more than one insurance company and diverse legal theories. The best way to avoid construction defect suits is to work with engineers, architects contractors and lower tier subcontractors who have stellar reputations. It never pays to cut costs, and the lowest price is not always the berst price. Do it right the first time by planning and executing in the right sequence. Keep your documents and records up-to-date. If you don’t have a lawyer, get one…you need one. Your livelihood depends on quick action after a claim is filed against you. About Stan Bachman I was a general contractor and business owner for 25 years before becoming a lawyer. This is a unique background that brings strong legal representation for my clients and companies in construction law, with an understanding of what it means to be in, and walk in your shoes. If you’re currently dealing with a construction defect claim, contact me immediately. I look forward to assisting you. Stan Bachman Morefield Speicher Bachman, LC 11814 W. 135th St., Overland Park, KS 66221 913.839.2808 msblawkc.com

What to Do If Someone Has a Spinal Cord Injury

Personal Injury / By msb

In a split second, a spinal cord injury can change someone’s life forever. It is estimated that 17,500 spinal cord injuries occur every year. Currently, there are approximately 450,000 people living with spinal cord injuries in the U.S. A spinal cord injury is caused by trauma to the spinal cord, which is often the result of a traumatic injury such as a car accident or construction accident. There is little doubt that these injuries are devastating for both the victim and their family and can cause a lifetime of ongoing physical therapy and medical care. What is a Spinal Cord Injury? A spinal cord injury is a result of damage to the spinal cord, which includes a bundle of nerves that is encased in the spinal column. Injury to the spinal cord can cause partial or complete loss of motor control and sensation for the victim. Depending on the location of the injury, it can cause loss of function in the lower part of the body, which is called paraplegia, or paralysis in all four limbs which is called quadriplegia. The actual damage to the spinal cord can occur due to a broken vertebra, a foreign object entering the spinal column, or due to the spine being compressed or stretched. These injuries can also happen if the head or back is jarred or twisted, where fluid can build up and press into the nerves of the spinal column. According to the National Spinal Cord Injury Statistical Center, common causes of spinal cord injuries include: Car wrecks 42.1% Falls 36.7% Acts of violence 15.1% Sporting and recreational activities 7.6% Identifying a Spinal Cord Injury Unfortunately, these injuries can be difficult to identify and may not be apparent at the time of the injury. To make matters worse, often people aren’t sure how to help someone who may have received this type of injury. There are symptoms or red flags, that can alert someone that a spinal injury may have occurred. It is important to take note if the victim complains about pain in their back or neck, if their neck or back is twisted unnaturally, or the victim has a head injury and loss of consciousness. Also, be aware of of the following symptoms: Extreme pain or pressure in the neck or back. Trouble breathing. Inability to move extremities, problems with coordination or balance, muscle weakness. Reduced or no sensation in extremities. Loss of urinary or bowel control. What Should You Do? Seek immediate help and call 911. Notify the operator that the victim may have a spinal cord injury. Keep the victim still and calm. Any movement can cause further damage to the victim. Brace their head or use your hands to hold the victim’s head steady until help arrives. If they are wearing a helmet, do not remove it. Do not try to move the victim. Address life-threatening injuries first. If the victim has other serious injuries, place pressure on any wound that is bleeding, but take care to keep the victim’s neck and body aligned. We understand that spinal cord injuries are devastating to the victim and their families. If you or a loved one has suffered a serious back or spinal cord injury, please contact us. We can help you sort through the circumstances of your case and help create an action plan moving forward.

Winter Holidays Bring Increased Driving Danger

Personal Injury / By msb

The winter holidays are right around the corner! From Thanksgiving through New Year’s, we all look forward to enjoying the holiday hustle and bustle, spending more time with friends and family and attending holiday parties. Amidst all these festivities, however, there is a dark side. During the holidays there is a marked increase in alcohol-related car wrecks. The statistics speak for themselves. Drunk driving is responsible for 40% of car collision deaths over the holiday season. According to the National Highway Traffic Safety Administration (NHTSA) on average, there are 36 fatalities per day from alcohol-related car wrecks. During the three-day Christmas holiday, however, there is an average of 45 per day and 54 per day over the New Year’s holiday. Experts contend that this spike in wrecks is due to several factors. During the holidays, there is both an increase in holiday travel and an increase in the consumption of alcohol. It is estimated that during Thanksgiving there are an estimated 43.5 million people on the road, and between Christmas and New Year’s Day, there are 103 million people on the road. Let’s face it, it is a festive time of year. People are traveling to see their families and friends and attending parties and other holiday events. Interestingly, 51% of drunk drivers said that they drank more during the holiday season than they did the rest of the year. So, the potential danger is there. Here are a few tips to keep you and your family safe during the holidays: Plan Ahead Being mindful of the potential danger of drinking and driving is half the battle. It is important to put a plan in place ahead of time, so you don’t catch yourself on the road having had one too many. Choose a Designated Driver This is not a new idea, but it is an effective one. If alcohol will be served at an event, make an agreement ahead of time to act as the designated driver and not drink or find someone else who will do so. In the alternative, bring extra money for a cab, or be sure you have your Uber account ready to use. Hosting a Party If you are hosting a party, it is important that you are sensitive to this issue. Be sure to serve plenty of food and offer non-alcoholic alternatives. Take your guests keys at the door or arrange for their transportation home. Don’t Add to the Problem on the Road There are other strategies that you can use to stay safe during holiday driving. It can be a good idea to leave a party early and avoid being out on the road late at night. Drunk driving accidents tend to happen later in the evening, where people have been drinking for many hours. Keep a Safe Distance If you are driving and notice a car driving erratically, slowing down and speeding up, or swerving in between lanes, assume they may have been drinking. Put a safe distance between you and the other car and call 911 to report them. Prepare to give the operator your location and if possible the other car’s driver’s license number. Holidays are a fun and festive time. Keep these tips in mind to keep you and your family safe. If a wreck should occur, call us as soon as possible. We are here to help.

msb

What Kind of Damages Can I Get in a Wrongful Death Case?

OSHA Compliance – Increases Excavation and Trenching Enforcement

Construction Industry Trends for 2019

Can a Minor Car Crash Cause A Major Personal Injury?

What to Do if You Have Been Injured by a Defective Product

Tips About Getting Paid In The Construction Business

The Dangers of Drowsy Driving in the Trucking Industry

How To Better Protect Your Firm Against Construction Defect Claims

What to Do If Someone Has a Spinal Cord Injury

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