msb, Author at Morefield Speicher Bachman, LC

Tips About Getting Paid In The Construction Business

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.

Does Your Construction Contract Protect You From Financial Losses?

Construction Law / By msb

By Stan Bachman Attorney, Morefield Speicher Bachman, LC When it comes to the construction business, risks are high and profit margins are low, and there’s a very high risk you can lose money on a project. There are delays, cost overruns, and change orders, slow pay and the worse…not getting paid at all. That’s when a carefully crafted contract can make a difference. I’m not only referring to the boilerplate provisions like payment dates, invoice due dates and contract amount. You need an attorney who is well-versed in state law and who has a lot of experience in the many facets of construction. Sound legal advice like that adds significant value – and ensures you increase your chances of staying profitable on the project. Here are several areas where I believe you need to focus when negotiating up a construction contract. Change Orders Change orders can be easy, or hard. It depends on how they are set-up – and treated – during the project. But change order management starts with the contract. Be sure you understand and are ready and willing to abide by the change order terms in the contract. In most cases, major disagreements about change orders can be avoided upfront so long as the language in the contract is clear. There are many potential contract negotiation pitfalls, but here’s one simple one to address…make sure you don’t agree to unreasonable notification requirements subject to waiver if you fail to provide the notice. A clause that requires you to provide written notification for all changes in a very short, unfair time should be avoided. Be sure to examine change orders carefully. The one area I see day in and out is the failure to address time extensions on change orders. It is very common to agree to a price on a change order, while not addressing the additional time required due to the change. Remember, as you negotiate change order clauses in contracts, and as you administer change orders during the project construction, be sure to think about and address costs, time and profit. The Digital Age is Changing The Game With mobile platforms and electronic communications pervading every area of business, there’s been a big change in the way approvals and other client interactions are handled. Have you heard of the Uniform Electronic Transactions Act (UETA)? It involves electronic signatures and how other changes are approved. For instance, under UETA, which has been adopted in some form in most states, an email from a client requesting and authorizing a change order can be considered an electronically signed agreement. The UETA provides detailed and wide latitude to permit a change order to be set forth in digital signature formats. Even if a contract stipulates that all change orders must be in writing, if a client deviates from that and issues verbal change orders, the “in writing” requirements will often be waived by a jury or judge. Contingent / Conditional Payment Clauses These are the meat and bones of many construction contracts. The “Pay When Paid / Pay If Paid” clauses allow a general contractor to withhold payments from subcontractors until he receives payment from the client. If you’re a sub, your situation can be made quite difficult if you’ve signed such a contract. A general contractor can invoke this clause and can hold payment or even refuse to pay because the client hasn’t paid him. It is a very rare contract that does not contain a pay if paid clause; be sure to consider the consequences, and give great consideration to whom you are agreeing to work for, their reputation in the business for fairness, etc. Retainage Retainage is a way of life. Do what you can to minimize or eliminate it if possible. Try to get an early release of retainage clause. The maximum amount of retainage allowed varies from state to state, and from contract to contract. But, it’s also negotiable. Some early-in contractors like excavators are sometimes delayed payment up to a year, or until the entire project is 100 percent complete. This can put significant financial pressure on these contractors, and also undue pressure to file mechanic’s liens to protect their interests. Times are changing, and Federal agencies and even private firms are reducing the retainage amounts while paying early-in contractors sooner than later. It is in your best interest to consult with legal counsel early in the contract to get the best terms possible. It’s always preferable to say “my lawyer” asked for this or that, keeping you from being the “hard nose” in the negotiations. Please contact me about your contract prior to signing it. The financial risks could make or break your business. I was a general contractor and business owner for 25 years. One take away I have from looking back with 20/20 hindsight, there was never a contract I “had to have,” although at the time I thought otherwise and those contracts were often financial losers. In other words, I’d have been better off never having them. I know what you’re going through to manage a successful business, which includes managing your cash flow and risks. If I can be of service, please let me know. Stan Bachman Morefield Speicher Bachman, LC 11814 W. 135th St., Overland Park, KS 66221 913.839.2808 msblawkc.com

Are Concussions Considered a Traumatic Brain Injury?

Personal Injury / By msb

These days, there seems to be confusion surrounding the terms “concussion” and “traumatic brain injury.” Often, we hear about concussions that occur because of a car wreck, slip and fall or sports-related injury. A concussion is the most common type of traumatic brain injury. What’s the Difference? Concussions are quite common. It is reported that there are 3.8 million concussions occur in the U.S. annually. Even though concussions are a type of TBI, not all TBIs are concussions. The term TBI is used to describe the mechanics of an injury. Trauma indicates there has been in an injury to the brain by an outside source. A TBI can be characterized as mild, moderate or severe. A concussion is considered a mild TBI. But, when it comes to traumatic brain injuries the term “mild” can be misleading. A mild TBI can cause permanent, life-altering changes to the brain. This is why proper diagnosis and treatment is essential. Proper treatment may be the difference between having an injury that resolves after a few weeks or months, or one that is permanent. Concussions are challenging to diagnose. The most common way a concussion occurs is when the victim experiences a blow to the head or rapid acceleration or deceleration of the head (for ex. shaken baby syndrome or an auto collision). The head trauma may or may not be followed by a brief loss of consciousness. There are countless ways in which these injuries can arise. This is why it is so important to have a physician evaluate your symptoms. Common symptoms can include: Any loss of consciousness; Confusion; Changes in vision; Changes in time perception; Memory loss; Nausea and/or vomiting; Drowsiness; Headache; Difficulty sleeping; Mood or behavior changes. If you have been injured, it is important to be checked out by a physician. Keep in mind that a concussion can occur in ways you wouldn’t otherwise expect, for example, in the case of whiplash. While a whiplash victim may not have necessarily received a blow to the head, a concussion could still be possible from the rapid acceleration and deceleration of the head. It is also important to note that even when you are checked out by a doctor, a concussion can be difficult to diagnose. You may have a concussion even though you didn’t lose consciousness. Or the concussion may not be readily apparent from a CT scan. It is important however to go through these steps to ensure that you receive the appropriate treatment. If the injury is a concussion, in many cases, the injury will heal within a few months to a few years. It is important to note however, that in some cases, a concussion can cause long- lasting or even permanent problems. If you have been in a wreck and have suffered a head injury, get medical attention right away. Then, call us for guidance. If your injury was caused by the negligence of another party we may be able to help you obtain reimbursement for your medical costs, harms, losses, and lost wages.

A Change of Weather Poses Increased Driving Risks

Personal Injury / By msb

The kids are back in school, and summer is behind us. There may be a little chill in the air, and people are getting ready for apple cider, sweaters, pumpkin pie and all the fun that this time of year brings. It is important to keep in mind that as the weather changes, so do our driving risks. The truth is, a change in weather directly affects driving safety. This is particularly true between Fall and early Spring. Statistics report that in the U.S., there are approximately 5,748,000 car accidents per year. Out of these 1,259,000 are caused by weather conditions. Any type of adverse weather condition can affect your normal driving. Conditions such as rain, fog, ice and snow can limit visibility as well as change the way your car will react. Experts say that the common denominator in these accidents is that people drive too fast for the current road conditions they are experiencing. Some drivers don’t realize that the posted speed limit is only for optimal driving conditions. If the roads are wet or there is ice on the road, it is important to drive defensively and to reduce your speed accordingly. The law requires you to drive at a speed that is safe for the current driving conditions. Being armed with this knowledge is important. Here are some additional safety tips to keep you and your family safe: Never warm up your vehicle in an enclosed space. Make sure your tires are in good condition and properly inflated. Don’t use cruise control when driving on wet or slippery roads. Before heading out, check current weather reports. Always drive with at least a half tank of gas. Be mindful of driving through fallen leaves, which can be as slippery as ice. Slow down over shady spots because black ice may be present. Watch for animals on the road. Some animals (such as deer), become more active in the fall. If you are driving in foggy conditions, use your low beam lights. High beams will reduce your vision. The first 10 minutes of rainfall is the most dangerous, due to accumulated oil on the road. Reduce your speed accordingly. Be aware that your stopping time will be longer on wet or slippery roads. Allow more time to come to a complete stop. With the change of seasons, it’s always a good idea to get your car checked out thoroughly. Check your window wiper blades, brakes and tires. Make sure your headlights and signal lights are in proper working order as well. Have an emergency kit ready should you get stranded on the side of the road. Should you suffer an accident due the negligence of another, please come and speak to us. Know that if your accident was caused by negligence, you have a right to be compensated for your medical expenses, lost wages and pain and suffering. It is important to not delay. The earlier we speak to you the earlier we can begin gathering evidence and creating an action plan for you.

It’s Time to Prepare for Winter Driving Hazards

Personal Injury / By msb

We are well into the fall season and while it may seem a bit early, it’s a great time to prepare yourself and your family for winter driving hazards. This is particularly true if you have a young driver in your family, or a new driver who’s never driven in winter weather. Take a few minutes to review these hazards with your family and discuss a plan to remain safe on the roads this winter. 1. Loss of traction in snow. If there’s snow on the roads, your vehicle will have less traction between the tires and the road surface. This is important to keep in mind while on the road but also while in your own driveway. Even pulling out of the driveway or parking space can be dangerous and lead to a crash if you don’t take extra precautions to compensate for the lack of traction. One way to compensate for this is to move your car back and forth a few times before parking. When attempting to move your vehicle again, clear a few feet of snow in front and behind. Packing down the snow under the vehicle and clearing the snow, can make it easier to gain the initial traction necessary to get your vehicle moving. Remind your loved ones to also keep a light foot on the accelerator to gain traction. Spinning the wheels is not always a good idea because it can cause the tires to create a rut that fills with ice and slush. You’ll also want to leave extra time and space for braking on slippery surfaces since tire traction is an important factor in being able to bring your vehicle to a stop. Many drivers operate four-wheel drive or all-wheel drive vehicles because they seem more sure-footed in the snow. It’s important to remember that these cars can create an illusion of safety. They are just as difficult to stop on a slippery road as a two-wheel drive vehicle. 2. Slides and Spins. Realizing that your vehicle is sliding or going into a spin is a scary feeling. Again, this is due to a loss of traction between your tires and the road surface. The best way to prevent a slide or spin is to slow down. However, if you find yourself in a spin or slide, there are three important things to remember – Take your foot off the accelerator; Don’t slam on the brakes; Gently steer into the direction you want the vehicle to go. Taking your foot off of the gas pedal helps stop the drive wheels from spinning and losing traction. Do not slam on your brakes because allowing the tires to turn freely will help regain traction. The current advice from AAA and others is that you should gently turn the steering wheel into the direction you want the vehicle to go. As you regain control of the vehicle, you can begin gently applying the brakes. Remember – don’t panic and don’t over correct. 3. Reduced visibility. Along with winter weather comes reduced visibility. When the visibility is poor you should allow yourself extra time and space to react to the road conditions and to other drivers. And remember, if the driving conditions make it more difficult for you to see, this also means it’s more difficult for other people to see you. Keep these things in mind and allow yourself more time to react. 4. Jackknifing. If you’ve ever seen a tractor trailer jackknifing, you know how dangerous it can be. It’s dangerous for the truck drivers, but also for the drivers around them. Jackknifing occurs when the truck driver applies the brakes and the trailer continues move in the direction of travel, but at an angle. This includes situations in which the trailer swings out into another lane or swings around at more severe angles. Keep in mind that poor weather conditions mean reduced visibility, poor traction, and delayed reaction times for all drivers and vehicle types. However, a tractor trailer can begin jackknifing in as few as 1.5 seconds – meaning, you need to be able to react very quickly to avoid being hit by the trailer, tractor, or both. Therefore, use caution and leave plenty of room when driving near tractor trailers to avoid becoming a victim of a jackknifing incident. Now that we’ve reviewed some of the major dangers of driving in winter weather, keep these tips handy to encourage safe winter driving. Apply just enough accelerator to get your vehicle moving. Slow down and maintain control of your speed. You may need to drive under the speed limit to remain safe in certain conditions. Avoid sudden turns to prevent slides and spins. Brake gently to avoid skids. Signal stops and changes in direction well in advance to give other drivers plenty of time to react. Don’t tailgate. We hope these tips help keep your family safe during winter driving. If you do face an injury from a vehicle crash, give us a call for a consultation. We’ll walk you through your options.

Winter In Kansas and Missouri Means More Slip and Fall Accidents

Personal Injury / By msb

Here’s What You Can Do If You Fall The weather in Kansas and Missouri is notoriously unpredictable, especially in winter. The morning may be clear and sunny, but by lunchtime there can be snow and ice. Welcome to slip and fall conditions. Here’s a look at the risks: Snow on sidewalks may not get cleared for days. Sidewalks and parking lots remain icy. City crosswalks and municipal sidewalks are covered in ice, or worse, black ice. Retail stores and businesses fail to apply salt to icy and snow-laden areas. Pedestrians are hit with melting icicles and snow from roofs and roof overhangs. Snow melts then refreezes on streets and sidewalks. Snowplow accidents are common. Every winter these conditions lead to serious falls. Certain people are especially vulnerable to icy conditions such as the elderly, pregnant women, the injured and the disabled. Kansas and Missouri Law Regarding Property Owner Responsibilities Kansas and Missouri law requires a property owner to remove snow and ice within a reasonable amount of time and to do so in a reasonable way. There are two aspects to this. First and foremost, if the property owner is aware of the snow and ice, he is responsible to remove it. The law also provides that a property owner is responsible to remove the snow and ice if he or she should have known about it. Second, the property owner must remove the snow and ice in a way that doesn’t create new hazards. For example, piling snow or ice near a sidewalk can create dangerous conditions for pedestrians as the snow melts and refreezes. In both scenarios, the property owner can be held responsible for injuries. Compensation You can be compensated for lost wages, future wage losses, pain and suffering, and medical expenses related to an injury you suffer on snow or ice that was not properly cleared. Types of Injuries Covered Neck and back Strains, sprains, fractures, and broken bones Head injuries and concussions Hand and arm injuries Ankle, foot and leg injuries Arm and hand injuries Bruise and scars Spinal cord injuries Emotional and psychological injuries What To Do If You’ve Have An Accident Call for medical help. Inform the property owner of the accident. Take photographs of the accident scene. This is especially important with snow and ice falls. Weather conditions can quickly change and rapidly alter the scene of the accident. Without photos, it might be impossible to prove liability. Take photographs of your injuries, clothing and anything else that could be relevant. Ask for witness accounts. Be sure to get their names and contact information. Contact a legal team. Statutes of Limitations Don’t delay. Kansas and Missouri have strict statutes of limitations for personal injury claims. Call us before you contact your insurance company or the property owner. We’ll make sure your rights are protected and we’ll do everything we can to make sure you are compensated fairly.

msb

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

Does Your Construction Contract Protect You From Financial Losses?

Are Concussions Considered a Traumatic Brain Injury?

A Change of Weather Poses Increased Driving Risks

It’s Time to Prepare for Winter Driving Hazards

Winter In Kansas and Missouri Means More Slip and Fall Accidents

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