msb, Author at Morefield Speicher Bachman, LC

It’s That Time of Year: Back to School Safety Tips

Summer is coming to a close. Kids will soon be back in school and Fall is around the corner! During this time of year, it’s a good idea to remind ourselves and our kids about back to school safety. Here are a few reminders to ensure that you have a happy and safe school year. Traffic Safety When school begins, there are many things that change. There will be a lot of new drivers on the road, driving themselves to school. There are also a lot more kids on the roads walking and riding their bikes. It is a time to be on high alert. Though you have heard it before it bears repeating, do not text or look at your phone while driving. You only have to take your eyes of the road for a moment to get into an accident or hit a pedestrian. Walking More kids and parents will be out walking during certain times of the day, going to and from school. If there are a group of children from your neighborhood, suggest they all walk as a group with one parent supervising. This is like a carpool arrangement, but on foot. Be sure to use crosswalks whenever possible. Texting while walking, by the way, is dangerous, too! Yes, it’s a thing. There are countless serious accidents that have occurred because someone was distracted and walked in front of a car. Cell phones have their place, just not while you are out and about. School Buses The National Highway Traffic Safety Administration (NHTSA) reports that school buses are considered the safest way for a child to get to school. They do however, have their own dangers. Statistics report than an average of 8 children a year are killed getting on and off the bus. Sadly, another 4 are killed in bus vs car accidents. Be sure to remind your children to stand back from the curb before the bus stops. After getting off the bus, children should only cross when the bus has it’s warning lights on. If you are driving near a bus, give the bus plenty of room, being aware that it will make frequent stops. Lastly, always stop behind a school bus when the lights are flashing. Biking to School Bikes can be a safe way to get to school. However, remind your child that they need to follow the regular rules of the road. This includes using hand signals and making a complete stop at stop signs and traffic lights. Be sure they wear a helmet and have bright, reflective clothing on so they can be seen by other drivers. We hope that you all have a safe and happy school year. Should an accident occur, or if you have a legal issue that you need to discuss. Please come in and speak to us.

5 Tips for Communicating with Someone Who Has Suffered a Traumatic Brain Injury (TBI)

Personal Injury / By msb

Traumatic brain injuries are just that: traumatic. These injuries can have a profound impact on not only the victim, but also the victim’s loved ones. Many of our clients’ lives have been affected by traumatic injuries to the brain. As a result, we understand, and are sensitive to, how these injuries can temporarily or permanently change an individual’s cognitive- communication and motor skills. In case you have a friend or loved one who has suffered a traumatic brain injury, we would like to offer these tips to make communicating more comfortable and effective for everyone. In addition to the tips below, remember to be patient, listen, and treat the person with dignity and respect. 1. Move to a quiet location. Traumatic brain injuries can cause people to have difficulty concentrating and organizing their thoughts, particularly if they are in crowded, noisy, or chaotic areas. If you’re at a party, a mall or another location whether there are many distractions, find a quieter, private location to have a conversation. 2. Don’t get frustrated. You may have to repeat yourself multiple times. You may have to communicate the same message both orally and in writing. Remember, it’s not that the person is not listening to you – a brain injury can cause deficits with short term memory. Be patient and be prepared to repeat yourself. 3. Listen. This may be obvious, but for many people it’s not a common practice. Don’t get caught up in “over-assisting” the individual. Listen to their needs and take the time to actually understand what they are communicating. Don’t try to guess at their needs – that includes not interrupting the person – let them tell you what they need or want. 4. Wait for help to be accepted. If you have offered to help someone, don’t assume the answer is yes. Wait until the person has accepted the offer for assistance. Failing to wait for acceptance can come across as patronizing and demeaning. Remember, the effects of brain injuries vary. Those with brain injuries will be able to do many things on their own – don’t make assumptions about their capabilities. 5. Relax. It’s natural to feel nervous about saying or doing the wrong thing. Simply remember to relax, listen, and treat the person with dignity and respect. We know that it can be difficult to recover from a traumatic brain injury. Those who are recovering need the love and support of their family and friends. Be patient through the process and remember to show them that they are loved, respected and supported. Consider sharing these tips with other family members and friends who may be struggling to communicate with a loved one who is recovering from a traumatic brain injury.

Should You Include An Arbitration Clause In Your Construction Contracts?

Construction Law / By msb

By Stan Bachman, Partner Morefield Speicher Bachman, LC It’s time to finalize the contract with your client. Do you include an arbitration clause? That might, or might not be, a good idea. Before you decide, consider the advantages and disadvantages. Don’t assume arbitration is the best way to minimize legal fees. Does Arbitration Really Cost Less? The short answer – it depends. A plaintiff filing fee can cost as little as $150, and defendant’s fee even less, if any at all. But, when it comes to commercial arbitration, the filing fee can hinge entirely on the value of the claim. The higher the claim, the higher the filing fee for the administration of the arbitration. Compare that to state or federal courts, where filing a claim is usually a fixed fee. An arbitration filing fee can actually be much higher, dramatically higher in fact, should the claim involve substantial monetary damages. Commercial arbitration requires at least one arbitrator, and sometimes a panel of arbitrators. Hourly rates for arbitrators can be as high as $500 per hour, regardless whether the arbitrator is conducting pre-hearing meetings, reviewing documents, or conducting the arbitration hearing. It varies by contract terms, but often both parties are responsible to pay these fees. Not so with court proceedings – judges and juries are not compensated for pretrial or courtroom time. Knowledge & Expertise While an arbitrator has been trained in construction law, you have no assurance that he or she would be more knowledgeable than a judge. And, while a jury is comprised of laymen who have to weigh a case on its merits, a panel of arbitrators could decide a case with equally confusing or unreasonable outcomes. Discovery – Good News & Bad News Arbitration purposefully limits the discovery phase. After all, the whole reason for arbitration is to reduce legal expenses and speed up the process of getting to a ruling. Court proceedings allow a much broader exploration of discovery, which allow both sides to gather evidence. Unfortunately, this phase can be like trench warfare, where both sides try to outspend, or outlast the other. Costs dramatically escalate. That said, while arbitration almost always puts tight limits on discovery, an arbitrator still has the authority to allow more. This depends on the case and its monetary claims. If the arbitrator allows a more expansive discovery phase, then costs will escalate. Save Time Arbitration can and should be faster than the court process. State courts are often backlogged for up to a year before a case goes to trial, and in federal court it may be two years. By contrast, an arbitration proceeding can be resolved in less than a year. What Happens After An Arbitration Judgment? Once a judgment is obtained, the parties are allowed to file the judgment with the state court to execute upon it. The court is obliged to confirm the arbitration award, and there are only very limited means to appeal an arbitration decision. The courts give great deference to the arbitrator, and unless the arbitrator grossly applied facts or the law, the arbitration decision will not be overturned. One clear advantage to a court proceeding over an arbitration proceeding is the court’s judgment is appealable. Summary There are compelling advantages to include an arbitration clause in construction contracts. If properly managed, the arbitration process can be advantageous in that the arbitrator may be someone with a background in construction, the timing of the case may be quicker, and discovery costs may be less. Note the use of the word “may” applies here, because all too often the case is not managed efficiently by the arbitrator, and in the end the costs to arbitrate may be as much, if not more than if the cse were tried in court. Obviously, one size does not fit all. Each contract needs careful analysis based on its unique context. It’s important to weigh the consequences. If it’s a complex, high value construction deal, you need to consult with counsel before finalizing it. Please contact me if you have questions. There’s a lot at stake. I look forward to assisting you. Stan Bachman Morefield Speicher Bachman, LC 11814 W. 135th St., Overland Park, KS 66221 913.839.2808

3 Ways You Can Help Us Prevent Drunk Driving

Personal Injury / By msb

We are committed to speaking out against drunk driving. That’s why we are big supporters of Mothers Against Drunk Driving (MADD). Because we help many clients who are victims of drunk driving crashes, we understand the tragic consequences of this careless act. Raising awareness involves all of us, and we believe in doing our part by sponsoring our own local “Walk Like MADD” team, and periodically reminding people about the dangers and consequences of drunk driving. Why now? Because driving under the influence has always been a big problem, but the National Highway Traffic Safety Administration reports that the months of July and August have particularly high rates of fatal alcohol related crashes. Working together we can help solve this problem by constantly raising awareness and taking steps to prevent it. Did you know that in 2016, over 1.1 million drivers were arrested in the U.S. for driving under the influence? While these impaired drivers pose a significant risk to all of us, what is more heartbreaking is that 10,497 people lost their lives in alcohol-impaired driving crashes. That’s an average of one alcohol-impaired driving fatality every 50 minutes. Shockingly, the average drunk driver has driven drunk over 80 times before his or her first arrest. Kansas has about 94 drunk driving deaths each year and over 1,100 injuries, while Missouri has about 244 deaths each year and over 2,800 injuries. Here’s how you can help. 1. Don’t do it. This may be obvious but it’s worth stating. If you plan to drink, also plan for a designated driver, call a taxi, use public transportation, or spend the night at a friend’s house or hotel. Make a plan ahead of time and be 100% committed to never driving under the influence. 2. Express your commitment. Tell your family and friends you feel strongly about this issue and stay committed. Setting an example for others will help raise awareness and make others think twice. 3. Don’t allow guests to drive home under the influence. Cooking out this summer? Be a great host. Make sure your guests have a designated driver or consider providing one for them. Or, consider providing taxis or ride-share services to your guests at your own expense. Set clear expectations and stick to them. Let your guests know that their safety and the safety of others is important to you. Driving under the influence is 100% preventable and we are asking you to join us in this effort. Drinking and driving can kill you, those you love, your friends, and others. It can also lead to serious injuries – spinal cord injuries, brain injuries, etc. Moreover, if you decide to drink and drive, it can cost you significant amounts of money in legal fees and compensation for those you’ve injured – and that’s on top the legal fees and costs associated with criminal charges.

Artificial Intelligence In The Construction Industry On The Verge of Transformation

Construction Law / By msb

By Stan Bachman Attorney & Founding Member, Morefield Speicher Bachman, LC For a $10 trillion industry, technology remains a surprisingly small part of the construction business, especially when it comes to artificial intelligence (AI). Change is coming. According to a 2018 McKinsey & Company report, AI is gradually emerging in the construction industry with the possibility to upend the entire business. This is not just a solution in search of a problem. Because, it could dramatically help reduce cost and schedule overruns, lower job site injuries, and allow other entrants to pose significant challenges to established players. To be clear, AI isn’t going to show up as a one-size fits all solution in the near term. Adoption will take time. There are dozens of stakeholders that need to be part of an AI-based ecosystem. But, make no mistake, AI is coming to a construction firm near you. Already, parallel industries like manufacturing and transportation have begun to utilize AI. These industries – which have long-established relationships to construction – have discovered synergies and strengths by breaking down traditional barriers between each other. Today, they’re interacting more like ecosystems instead of separate silos. The construction industry will soon discover the same efficiencies. While the industry might be slow to adopt this model, the advantages are compelling enough to suggest that change is on the horizon. And, let’s not forget that well-established players are vulnerable to new entrants with radically different technologies and vision. Just look at the way Amazon grew from an online bookseller to the world’s largest retailer that now delivers groceries – and might soon move into the traditional pharmacy business. Where AI Could Be Applied In Construction – Planning and scheduling. – Predictive outcomes. – Supply chain optimization. – Robotics for prefab or modular construction. – Image recognition to improve safety. – Machine learning / deep learning algorithms could have a dramatic impact on improving quality control; claims management; maintaining talent; and maintaining a competitive edge in project bids by improving margins and cost analyses. ALICE Is Already Here Silicon Valley start-up, Alice Technologies, Inc. has created an AI-based assistant that focuses on tedious tasks like scheduling. Dubbed ALICE, it’s designed to alleviate the time-consuming number-crunching effort involved in project planning and management. Here’s how it works. A scheduler – along with subcontractors, architects, engineers, project managers – sets up the scope of the project with a rule set. It includes a range of variables like tasks, resources available, and calendars. Once all data and variables are established, ALICE creates scheduling scenarios within minutes – a task that has typically taken weeks. It also suggests the best scenarios and includes 4D and 3D models, Gantt charts and time-cost curves. Proof of ALICE’s effectiveness was demonstrated in a pilot project for Mortenson Construction. ALICE produced 22 strategies and cut the project schedule by 84 days. Other functions allow users to modify rule sets along the way in response to changes in the schedule, materials, and budget. For example, ALICE can suggest adding additional crews for a week or two and helping with crew utilization rates. Summary AI holds great promise for the construction industry. But, with the “new” comes disruption. Existing players could be upended by new, more nimble entrants with radically different approaches and technologies. And established players will have to adopt – and adapt – just to remain competitors in the game. Naturally, the legal implications of AI for the construction industry are just beginning. The legal field is closely watching these developments while developing legal strategies for its construction clients.

4 Reasons to Give Truckers Extra Space

News / By msb

Whether you pass trucks on the highway during your daily commute or are going on a family road trip this summer, you should know that trucking crashes happen and they can result in serious injuries and even death. Driving around trucks is different than driving around other cars and we hope you’ll keep these tips in mind to avoid a crash. Give truckers more room than you would for a regular car. There are a few reasons for this. 1. Tire blowouts. Ever noticed some chunks of rubber on the highway? That’s from a truck’s tire blow out – and these can happen with little warning. Not only do you not want that rubber flying in your face, a blowout can cause a truck to begin swerving unexpectedly. 2. Wind. Some think that trucks, because they are so heavy, are unaffected by the wind around us. Ever feel the wind blow your car around a little bit? It happens to trucks too and may even be more exaggerated. Because trucks are larger vehicles, the wind can create a “sail” like effect which can be difficult for truck drivers to control – this could result in a truck drifting over into your lane. 3. Blind spots. Every car has blind spots. But, the number and size of blind spots in an eighteen-wheeler or other large truck are huge. Avoid truck blind spots. If you can’t see the truck driver in one of the truck driver’s mirrors, the truck driver probably can’t see you. If passing, pass quickly and on the left side of the truck. And remember, there may even be some blind spots in the front of a tractor trailer. 4. Wide turns. Because of their size, trucks make wide turns. Combine this with their blind spots and if you fail to give the truck enough space, you could unexpectedly get caught in a blind spot during a trucker’s turn. We never want any of those 4 things to happen to you and your family. So, remember, always give truckers extra space and have an escape route. If traffic requires you to drive in what may be a trucker’s blind spot, have a plan in case the truck makes a sudden movement in your direction. Or, slow down to get out of the blind spot. Know someone going on a trip soon? Share this with them to help them keep their family safe as well.

Summertime Motorcycle Safety Tips

Personal Injury / By msb

When the weather turns warm, there is nothing better than getting out in the fresh air and enjoying it. If you are a motorcycle enthusiast, you are probably spending more time out on the road this summer. It is important to be aware that while the summer months are a great time for riding, motorcycle accidents increase in the summer months. The National Highway Traffic and Safety Administration reports that over the last six years, motorcycle accidents have drastically increased. The month of July is noted as the most dangerous month, with an 80% increase in injury accidents. Increased Risk of Accidents Why is there an increase in motorcycle accidents in the summer months? Experts contend that there are some logical reasons for this increase. The biggest reason is that there are more people on the roads. The kids are out of school, and families are taking summer vacations. This increased danger is compounded by the fact that there are more teenage drivers on the roads. Also, construction companies tend to schedule road construction projects over the summer when the weather is warmer. Lastly, there are several holidays that occur over summer, which means there are more people driving intoxicated. Because of this, it is important to keep these safety tips in mind, so you can enjoy a safe summer: Wear a helmet: While every state varies in terms of helmet laws, it is the most important thing you can do to prevent serious injury or even death. In the event of a motorcycle accident, your helmet is the only thing protecting you from the road. It’s that important. Wear proper riding gear: When the summer is beautiful, it is tempting to ride your motorcycle with lighter clothing and enjoy the sunshine. However, wearing protective clothing will save you from serious cuts and scrapes if you experience an accident. Protective gear can include long sleeves, long pants, and boots. Make sure that the fabric is sturdy and a bright color to increase your visibility. Get anti-lock brakes: Anti-lock brakes can prevent you from skidding out of control from a sudden stop. The Insurance Institute for Highway Safety says that anti-lock brakes can reduce a fatal highway crash by 37%. Bike maintenance: If you haven’t taken your motorcycle out in a while, now is a good time to give it a safety check. Consider these suggestions: Check your tires for wear and low pressure. Check all fluids. Be sure your lights are in working order. Make sure your horn works. Check your brakes. Watch the weather: Weather can be a little unpredictable in the summer. Bad weather can increase the likelihood of an accident. Be aware that an unexpected rainstorm can reduce visibility, make the roads slicker and increase the likelihood of hydroplaning. We hope that you keep these safety tips in mind and you are getting out there and enjoying your summer. If the unexpected happens and you are involved in a motorcycle accident, please contact us.

5 Myths About Spinal Cord Injuries

Personal Injury / By msb

Spinal cord injuries are life changing. You may be coping with putting your life back together after an accident and wondering about your next steps. You may be wondering about what type of immediate medical help you need and what you or your loved one will require in the future. The spinal cord serves as an information highway for the rest of the body. As your brain sends messages, they travel down the spinal column and direct nerves and muscles to function. An interruption in this mechanism causes serious impairment. Injury to the spine causes a variety of symptoms, from pain, numbness and tingling, to limited movement or complete paralysis. Statistics report that 250,000 to 500,000 people suffer from spinal injuries every year. Unless this has happened to you, there may be a lot you don’t understand about spinal injuries. There is a lot of misinformation out there. Here are some common myths about spinal cord injuries: Spinal cord injuries mean the victim will never move again. It is important to remember that every injury is unique. Two people could have the very same injury and experience it differently. The mobility that a victim can regain after an injury is somewhat unique to the victim. Also, recovery has a lot to do with the quality of medical treatment you receive, a good assessment of your medical condition and a quality of your rehabilitation. The spinal cord must be completely severed to cause paralysis. This isn’t always true. A victim can lose motor function and sensation when the spinal cord is bruised, crushed or stretched. Spinal cord injuries are the same, always causing the same result. The spinal cord is a bundle of nerves that serve as an information highway of sorts. It allows messages from the brain to be transmitted to other parts of the body. If this information is obstructed in any way, movement and sensation are affected. There are generally two types of spinal cord injuries, complete and incomplete. With a complete injury, the victim will experience total paralysis below the site of the injury. With an incomplete injury the victim can have control and sensation of some, but not all body parts. Rehabilitation and treatment for a spinal injury ends when you leave the hospital. This isn’t true. When a patient is in the hospital, a team of therapists and doctors will create a treatment plan and set goals moving forward. Inpatient therapy isn’t complete when the patient leaves the hospital. In fact, the road to recovery may be very long, and a full recovery may not be possible. The cost of these therapies can be extremely costly. If you or a loved one has experienced a spinal cord injury that was caused by the negligence of another party, it is important to speak with us as soon as possible. We understand that these injuries are devastating physically and emotionally. We know that the treatments and therapies needed can be extremely expensive, and the victim is likely unable to work. Call us today for guidance and a free consultation.

Dispelling Common Myths about Traumatic Brain Injuries

Personal Injury / By msb

The human brain is a marvel. Everyday it seems science is discovering more about how our brains develop, function over our lifetime, and heal from injury. Despite all these advances, traumatic brain injuries are still often misunderstood. Discoveries about the science of traumatic brain injuries (TBIs) are occurring every day. Yet, there are many misconceptions still out there. Here are a few to be aware of: 1. A mild TBI doesn’t do any permanent damage. This statement is false. Studies have shown that one year after a TBI, 10% to 15% of TBI patients haven’t fully recovered. Some victims find that they even have more symptoms later than they had with the initial injury. After sustaining a traumatic brain injury, the victim may experience marked changes in attention, memory, cognition or information processing. Everyone experiences these types of injuries differently; some may only have one or two symptoms, while others may have all of them. The average time for recovery is twelve weeks. However, some people will recover at a much slower pace, and some people may never recover completely. 2. The symptoms of a TBI will be immediate. Many people are surprised to learn that if you are in an injury accident, the symptoms of a brain injury may not appear immediately. A few days after a car accident for instance, a victim may start noticing problems concentrating or paying attention once they get back to their daily routine. More serious symptoms may continue to manifest over the next few weeks. 3. Standard medical imaging tests are conclusive. With all the sophisticated testing available today, one would think that these types of injuries would be visible on a CT scan or other diagnostic test. Neurologists are now aware that these injuries may not be detectable from standard imaging tests. It is not unusual for a patient to have very clear symptoms of a TBI and a negative medical test. 4. You must be knocked unconscious to have a brain injury. Interestingly, only 10% of TBI patients experience a loss of consciousness. So, if you or a loved one suffer a blow to the head, but remained conscious, bear in mind that a TBI is still a possibility. Also remember that some individuals don’t even realize they had a loss of consciousness until a witness to their injury reports that they appeared to be unconscious for a period of time. 5. A TBI is always caused by a blow to the head. People are surprised to learn that violent movements of the head and neck are sufficient to cause a TBI. This type of injury can happen where the neck receives severe trauma, such as with whiplash. When whiplash occurs, the head violently moves forward and then backwards. The rapid deceleration of the head causes the brain to hit the front and/or back parts of the skull, which often results in a TBI. What Should I Do? If you or a loved one has suffered a serious head or neck injury due to an accident, it is important to seek medical attention as soon as possible, whether you are experiencing symptoms or not. A physician can use a variety of tests to help determine if you could have a TBI including: Glasgow Coma Scale; Speech and language tests; and Various imaging tests. If your injury was due to the negligence of another, please call us for guidance. We understand the difficulty you may have if you were injured due to the carelessness of someone else… You may be contending with your injuries, unable to work and at the same time watching the medical bills mount. We are here to help. Call us at 913-839-2808 for a free consultation.

3 Ways Attorney Stan Bachman’s Unique Approach to Construction Law Helps His Clients

Construction Law, News / By msb

If you’ve worked with Stan before, you probably know that his background is actually in construction – which is a perfect fit, considering he’s a construction lawyer. His 25 years of experience as a general contractor and business owner brings a unique perspective for a construction lawyer. Not only does he understand the legal aspects, he also fully understands the practical aspects of a construction business. He combines those to create realistic, valuable solutions for his clients’ needs. In Stan’s construction work, he experienced and navigated labor shortages, bad estimates, bad subcontractors, litigation claims and both large and small contracts. He learned the business side of things as a business owner. Stan has learned how to bring a calmness to situations where there tend to be a lot of tempers. His practical construction, business and legal experience all combine to create a unique, experienced approach to construction law issues. Stan helps his clients in 3 main ways: Prevention, Triage and Remediation. Many of Stan’s clients come to him before they have a legal issue. Stan helps them understand and obtain insurance for defects and actions, insurance for property and bodily injury and negligence. Stan wants to help construction firms plan for potential issues to heed off massive cost to the company; when issues do arise, his clients are prepared for them and face minimal loss. Stan also helps clients in what he refers to as the Triage stage – meaning a client is going through an urgent situation and needs immediate help to mitigate potential damages. He helps clients make quick decisions to mitigate damages when litigation is on the horizon or has already started. Stan is always looking out for both the short and long-term consequences and goals for the firm. In some cases, the whole matter cannot be resolved in the triage case and the firm is still facing long-term exposure. In these cases, Stan takes a remedial approach – what can we do to fix the problem? This may involve negotiations, it may involve litigation. Stan sticks with his clients through the long-haul to ensure the best outcome for the firm. Interested in how Stan could help your construction firm? Give us a call today.

msb

It’s That Time of Year: Back to School Safety Tips

5 Tips for Communicating with Someone Who Has Suffered a Traumatic Brain Injury (TBI)

Should You Include An Arbitration Clause In Your Construction Contracts?

3 Ways You Can Help Us Prevent Drunk Driving

Artificial Intelligence In The Construction Industry On The Verge of Transformation

4 Reasons to Give Truckers Extra Space

Summertime Motorcycle Safety Tips

5 Myths About Spinal Cord Injuries

Dispelling Common Myths about Traumatic Brain Injuries

3 Ways Attorney Stan Bachman’s Unique Approach to Construction Law Helps His Clients

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