msb, Author at Morefield Speicher Bachman, LC

3 Distracted Driving Myths Everyone Should Know

Did you know every 8 seconds someone is injured in a car crash? Join us in spreading awareness for Distracted Driving Awareness Month. Many of the things we do daily while driving are actually distracting us from the road and could cause us to someone in a crash. Would you have recognized these driving myths? I can multitask while I’m driving. Did you know the brain literally can only do one thing at a time? Even if it seems like multi-tasking is natural and instinctive for you, your brain is actually only focusing on one thing at a time. For example, we talk all day long, it doesn’t even seem to require much brain power, right? Wrong. When you’re talking on the phone and driving, your brain is quickly switching back and forth between the two tasks, even though you don’t notice it. This slows your reaction time. Think about trying to watch TV and talk on the phone at the same time. You’ll notice then that you can’t actually do two seemingly simple tasks at the same time. Your brain can only focus on one at a time. Go ahead, try it, and then think twice about talking on the phone while driving. But talking on the phone is just like talking to a passenger. Nope. It’s actually very different. Passengers in the car are also aware of what’s going on around you and can help keep you focused. Someone on the other end of the phone can’t see that car that’s about to cut you off. But your passenger can. So they can adjust the conversation when they see potential danger and they can even alert you to those potential dangers. We all hate backseat drivers but sometimes, they can actually help and save lives. Don’t be fooled. It is not safe to drive and talk on the phone at the same time. I can still text if I use voice-to-text. When cell phones first became capable of transcribing our voice into text messages, it was all the rage. “Now I can text without having to look at my phone.” Sounds great, right? Maybe not. Have you ever noticed that even while you’re using your voice to text, you constantly look down at the phone? That’s probably because of auto-correct issues or your phone misinterpreting your voice. This can be extremely dangerous because 1) you’re still looking at your phone and 2) you’ve let your guard down because you think you’re being safe by not actually texting. If it’s an urgent message, find a safe place to park, and take care of your text. Otherwise, ignore your phone and wait until you get to your destination. Help us spread awareness this month about the dangers of distracted driving so we can reduce the injuries and fatalities it causes.

How much do you know about Rick Morefield?

News / By msb

You probably know he’s passionate about his clients. You probably know he loves practicing law. But there is a lot you don’t know about Rick. Rick’s journey to becoming a personal injury attorney started way back in high school when he competed in debate. But it wasn’t always a straight path to the law. Did you know he played lead guitar in a rock band named Spectrum and had a dream of pursuing that as a career? On the other end of the spectrum, he thought about going into medicine or marine biology. Luckily, all of those dreams fell by the wayside and his dream of becoming a lawyer to help people stuck with him through all of those years. After law school, Rick first got experience practicing law in one of Kansas City’s largest and oldest law firms. This lead him to have an epiphany: Rick wants to help individuals. And after a judge told him he was meant to be a personal injury plaintiff’s attorney, Rick set his sights on that goal. All of this lead to MSB. Rick had a vision and continues to carry out that vision: to build a law firm that is focused on the community. If you read our newsletters or look around on our site, you will see some of the work we do to give back to the community – from Walking Like MADD to volunteering with My Father’s House to providing pro bono legal services. MSB takes that vision of giving back to their community and incorporates it into each case that we take on. We are not your typical lawyers – we want to help you heal holistically and get justice. So whether you just need legal advice, or you need us to point you to another professional like a therapist or financial advisor, we are here to help. We know that when you come to us, you’ve faced an injury and need more than money to heal and get your life back. Rick and his law partners formed MSB to give clients the highest quality legal services, but with careful attention to the individual needs of each client. To make this possible, we are selective about the cases we accept. We want to make sure that our caseload is never so large that it prevents us from providing individualized service to each and every client. We want to be able to spend significant amounts of time with each client working on their case to ensure the best holistic outcome that we can provide.

5 Tips for Communicating with Someone who has a Traumatic Brain Injury

Personal Injury / By msb

Do you have a loved one suffering from a traumatic brain injury? It can be hard to adjust and know what to say. You want to help but you don’t want to offend your loved one. So what should you do? Each case is different and talking with their doctor could help you determine the best course of action. In the meantime, however, take a look at these general tips for communicating with someone who is suffering from a TBI. Treat adults as adults. Treat people with dignity. If you offer assistance, wait for that offer to be accepted. Don’t assume they need the help. Assuming that someone needs help and not allowing them to accept assistance can make them feel embarrassed or less of an adult. Don’t be afraid to ask questions if you’re unsure of what to do. Try to move to a quieter place. TBIs can cause concentration problems. Someone with a TBI may have difficulty concentrating and an area with a lot of distractions can make that worse. Be patient. Be prepared to repeat things more than once. Short-term memory deficits are common with TBIs. Sometimes, TBIs can create problems with understanding things. Take your time and make sure your loved one understands what you are saying. Maybe try saying things in a different way. Regardless, make sure you remain patient and understanding. Listen. This can be hard for a lot of people. Remember, they may have something important to say. They may want to contribute to a conversation. It may take them more time to organize their thoughts and be able to clearly express themselves, so take the time to really listen to them. Be supportive and understanding. Recovering from a TBI is not a linear process. Symptoms can fluctuate and can be influenced by outside factors, such as noise levels and distractions. Stay positive – this can be a very difficult time and your loved one needs all the positive support he/she can get. We hope this is helpful for you and your families. Feel free to pass this information along to other friends, family, colleagues, or anyone else who may know someone who has a traumatic brain injury.

MSB ALERT: New Ordinance on Employer’s use of Criminal Records

News / By msb

MSB ALERT: The City Council for Kansas City, Missouri recently passed restrictions on the ability of employers to inquire about and use a job applicant’s criminal history. Taking effect June 9, 2018, the city ordinance limits an employer’s ability to use criminal record information. Under this ordinance, employers will no longer be able to inquire about an applicant’s criminal history until after the employer has determined that the individual is otherwise qualified for the position and the applicant has been interviewed. After interviews, employers may inquire into the criminal record of applicants who are “within the final selection pool of candidates.” In addition, employers will also now be limited in how they use criminal history information in hiring decisions. Employers must demonstrate that the decision to hire or promote is based on “all available information.” This includes frequency, recency and severity of the applicant’s criminal record. If an employer is going to take an adverse action based on the criminal history information, the criminal offenses must be “reasonably related to the duties and responsibilities of the position.” There is one exception to this new ordinance. If an employer must exclude applicants with criminal convictions because of a local, state or federal law or regulation, then this ordinance does not apply. Questions about how this will impact your hiring or promotion decisions? Give us a call.

Safety Meetings and Toolbox-Talks: Are you doing these?

Construction Law / By msb

We strongly believe worker safety should be one of your top priorities as a construction firm. Do you have policies in place to ensure you are conducting safety meetings and toolbox talks? These need to be done regularly and the best way to ensure that is to have a formal policy, company-wide. Hold a Safety Meeting at the Project Kickoff Start each project with a clean slate and ensure everyone involved is on the same page with regard to worker safety. At this meeting, address safety as it relates to this specific project. Discuss risks and hazards that will be encountered throughout the project. Include discussion and education on safe work practices relative to the tasks being performed, required use of appropriate personal protective equipment and first aid training. Before the first day of actual work on the job site, have each worker take a trip to the job site to become familiar with the layout, location and any hazards already present. This allows them to focus solely on developing a safety plan for themselves, rather than be distracted by beginning work right away. Schedule regular toolbox talks Toolbox talks are short, informal meetings to revisit safety protocols and address any safety hazards that have arisen through the course of the project. Hold these each day at the start of the shift and keep them short to ensure you retain your workers’ attention. Readdress basic safety expectations and address any expected high-risk scenarios for the day or coming week. You should also address any safety incidents from the previous shift, how they were addressed and how we can improve in the future. Customize these talks to the issues at hand. If there is severe weather, address that issue and discuss safety expectations and how workers can avoid hazardous conditions and remain safe. Open up the floor to allow questions or comments to create a dialogue on safety issues. Conduct site inspections Conducting unannounced site inspections will help workers keep safety at the top of mind. Use these as teaching moments to address any unsafe actions or conditions that you observe, how they can be addressed and prevented in the future. Take note of anything that might be a good topic at the next toolbox talk, such as if you see workers without hardhats on the job site. Keep it positive It’s easy to notice the violations of safety expectations and focus on those. But it’s important to highlight workers who are engaging in safe working practices to encourage other workers to follow their lead. Make it a company policy to keep safety as a top priority. Questions on how we can help? Give us a call.

Substance Use in the Construction Industry: Are you addressing it?

Construction Law / By msb

The opioid crisis seems to be in the news a lot lately. Construction firms may be faced with the difficult tension of helping employees stay drug-free and maintaining a safe work environment. Drug use is more prevalent in high-risk industries and construction is typically considered a high-risk profession. This is not something to turn a blind eye to and if you do, you could find yourself in hot water down the road. Here are a few ways to address the issue. Prevent drug use among employees. Some construction firms have seen success with providing a rewards program for employees who maintain a safe work environment. This could include bringing in a third party to evaluate the safety of the job site. Another plus? If you do this, you may be able to lower your insurance premiums. 2. Discuss the connection between mental health and drug use early on. The Construction Industry Rehabilitation Plan (CIRP) in Canada has found that most of the people who seek treatment through them are in their 30s and 40s. Providing education to employees before they reach that age, and reach the point of substance abuse, could drastically reduce substance use. 3. You may also want to implement a policy for random drug screening and the consequences of a positive drug test. Talk with your attorney about the best way to do this. The challenge with random drug screens is the volume of employees construction firms typically have and the need to complete construction projects quickly. 4. Are you committed to helping your employees that do use substances? Make sure your company has a clear policy and stance on this issue before you encounter an employee in this situation. You may decide to put a policy in place that provides treatment to employees who have substance abuse problems. The next question is how and when you can reintegrate an employee back into the company and ensure sobriety? Think about these tough questions and develop company-wide policies ahead of time so when you face this difficult issue, you are prepared. If you aren’t addressing substance use, you could be putting your employees at risk in addition to the consumers who ultimately use or inhabit your finished construction project. Has your construction firm made a pledge to reduce substance abuse in your community?

How to Stay Safe Driving Around Tractor Trailers

Personal Injury / By msb

Do you know how to stay safe when driving around tractor-trailers? Though we do it every day, we often forget that tractor-trailers are much different than cars and they create different safety concerns. Take a few minutes to remember these 4 tips to stay safe and avoid collisions with tractor-trailers. 1. Avoid blind spots. Tractor-trailers have much larger blind spots than a typical car. The rule of thumb is that if you cannot see the driver in the truck’s mirror, assume that the driver does not see you either. Of course, you may have to enter a blind spot when passing a tractor-trailer but do so with extra caution and move quickly to avoid staying in a truck’s blind spot for longer than necessary. 2. Pass safely. We just discussed moving quickly through blind spots when passing, but there are a few other things to remember as well. Before moving back in front of a truck after passing, make sure you can see the truck in your rearview mirror and then give it some extra space; remember, trucks can’t brake as quickly as cars so you want to leave extra space between your vehicles. Did you know buses and trucks take 40% longer to stop? Also, do not pass trucks when they are going downhill and picking up speed. And of course, you should never use the right lane to pass any vehicle, trucks included. 3. Watch out for wide turns. Large vehicles, such as tractor-trailers, need extra room to turn. This means they could turn from the middle lane, rather than the right lane to get the extra space they need. Always be aware of a truck’s turn signals and leave room to allow them to maneuver safely. 4. And of course, always buckle up and never drive fatigued or under the influence of alcohol or drugs. Personal injury cases involving commercial motor vehicles, such as tractor-trailers, can be very different from a typical car crash case. They can cause more damage and injury due to the nature and size of the vehicle. Keep these tips handy to stay safe and share with your family and friends.

Can social media really affect your personal injury claim? Yes and here’s how.

Personal Injury / By msb

How often do you post on social media? Many of us post weekly or even daily, if not multiple times a day. You may want to rethink social media and maybe even take a break from posting if you have a personal injury case pending. Seemingly innocuous, innocent posts can actually weaken your personal injury case. Here are three ways posting on social media could affect your case. 1. Your posts could be used to claim you have exaggerated your pain and suffering. Defense lawyers will be looking for ways to diminish your pain and suffering. A simple post such as “Had an awesome day today!” could be used against you to claim that life isn’t actually as bad as you claim. Another example is if you have a back injury and post something about doing yard work or going for a run – defense attorneys can turn this into a claim that your back must really not hurt. We all know that sometimes you have to push through the pain to get chores and jobs done and you may pay for that with severe pain the next day. But, you don’t want to open the door for defense attorneys twist the words of your post to diminish your injuries and your pain and suffering. 2. Negative posts about the defendants can actually harm your case. We know that in today’s world, people are quick to judge. It may seem counter-intuitive, but if you are suing a corporation and post something negative about them, that could result in people labeling you as someone who is quick to sue. The defense could also claim your basis for suing has less to do with being injured and more to do with being angry and resentful towards the defendants. It’s natural to feel anger towards a person or a company that injures you; just make sure you express those feelings privately and not on the internet. 3. Even posting about your injuries could open the door to legal defenses. You may have a solid grasp of your injuries but chances are, you can’t describe it in adequate detail like a doctor can. By posting comments about your injuries on social media, you could unknowingly diminish your claim by not accurately describing the injury or by leaving out a detail that would be important to a doctor. If your description doesn’t match up exactly with your legal claim, the defense will use your own words to refute your legal claims. Leave it up to the attorneys and doctors to paint the picture of your injuries and how it negatively impacts your life. If you’ve been injured or are involved in a personal injury case, make sure you consult with a knowledgeable attorney who can guide you on issues such as social media posts to ensure you don’t unintentionally hurt your own claim.

Addressing the Construction Worker Shortage Across the U.S.

Construction Law / By msb

According to a recent survey which questioned 1,000 firms nationwide, the construction industry is decidedly on an upswing. Firms appear to be optimistic and the demand for all types of construction services continues to increase. This overall optimism is seen in both public and private sectors which may be due to a combination of a business-friendly regulatory environment, current economic conditions, and the anticipation of infrastructure investments. But things aren’t all positive on the horizon. Because of the rapid growth the U.S. is experiencing, a large majority of firms are having a serious struggle to obtain qualified construction workers. In fact, 82% of the firms questioned stated that they expect to face difficulties in hiring and recruiting qualified workers in the coming year. That is a whopping 76% increase from last year. This is creating fierce competition between companies and poses a very real challenge for companies and their bottom line. Addressing the Shortage Because of this growing need, companies are getting creative to find ways to draw more workers into the industry. Construction industry leaders are looking for ways to change the general perceptions of the construction industry. Frankly, the industry has not been notoriously popular with young people who are entering the workforce. What many don’t realize is that over time many workers can earn a six-figure income. This quandary was recently addressed the National Association of the Remodeling Industry (NARI). The group met in Chicago to brainstorm and find solutions to the worker shortage. While much was covered, several action items were identified. One way to reduce the shortage to is to create an incentive for young people to consider entering a trade school, as opposed to a traditional college. Historically, there was a belief that if you want to be successful, you need to go to college. Trade schools were often thought of as a fallback position rather than a goal. This perception needs to be changed. Women are notoriously in the lowest demographic for the construction industry and are truly an untapped resource. More effort needs to be made to utilize women for the contributions they can make in the industry. Any concerted effort to change the industry needs the support of Washington, D.C. to gain regulatory and legislative leverage. This means doing what needs to be done to increase awareness and presence in Washington and educate the powers that be about the dire need for their support. What Can be Done Locally? There are things we all can do to help the shortage and further boost the upswing and growth that is expected for the coming year. Here are few suggestions: Create a Company Culture of “Safety First”: Putting the safety and well-being of your workers at the forefront not only helps morale, but it also minimizes your risk of losing workers to injuries and accidents. Carefully Screen Future Employees: Make sure that new employees embrace your beliefs regarding safety and promote it. Encourage the Sharing of Information: Your veteran employees are a valuable resource. Encourage them to share information with the more inexperienced employees. Both groups can learn from each other. Support Your Veteran Employees: Your older employees are valuable. Make sure you are providing them opportunities to grow and provide ongoing training for new skills or to refine old ones. Support Efforts in Your Area to Promote Career Education: This can be accomplished through partnering with a national organization or perhaps directly with a local school. This can help draw younger people that are looking for a career and may not have otherwise considered the construction industry.

What damages can I recover from a car crash in Missouri?

Personal Injury / By msb

If you’ve been in a car crash and are thinking about whether you should bring a lawsuit, your first question is probably, how much money can I recover? That question can be tricky. In large part, it depends on the unique facts and circumstances of your case. What we can tell you, however, is the types of damages available and any limits on those damages. Last month we answered this question for Kansas; this month we’ll cover the laws surrounding this issue in Missouri. Economic Damages There are two types of damages the court looks at: economic damages and non-economic damages. Economic damages include: Lost wages; Cost of repair or replacement of your vehicle; Past and future medical expenses; and Other out of pocket expenses. There is currently no cap on the amount of economic damages that you can recover. You will, however, have to be able to prove the amount of those damages in court. Because of this, you’ll want to be sure to keep any receipts you receive. Non-Economic Damages The other type of damages is non-economic damages. Non-economic damages are harder to measure and are not necessarily things you would obtain receipts for or spend money out of your pocket. Examples of non-economic damages include: Pain and suffering; and Emotional distress. Unlike Kansas which sets a cap on the amount of non-economic damages you can recover, there is no cap under Missouri law for general negligence claims. The difficult thing about obtaining non-economic damages is being able to prove how much compensation you are entitled to receive. It may be necessary to hire an expert witness or obtain testimony from family and friends depending on the facts and circumstances of your case. Limits Based on Comparative Fault One other thing to be aware of that could affect your compensation is Missouri’s law relating to comparative fault. The court will look at the percentage each party was at fault and reduce your damages by the amount you were at fault. For example, if you were 10% at fault in the car crash, the court will reduce your award by 10% or, in other words, you only recover 90% of your damages. However, unlike Kansas, even if you were 99% at fault, you may still be able to recover 1% of your damages. Keep in mind, if most of the fault is yours, it may not make sense to file a claim; that is a decision you should make only after consulting with an experienced attorney. An experienced attorney will have the experience to know how juries evaluate situations like yours. Still not sure what you could recover if you bring a lawsuit? We’re here to walk you through the process, answer your questions and fight for the compensation you deserve.

msb

3 Distracted Driving Myths Everyone Should Know

How much do you know about Rick Morefield?

5 Tips for Communicating with Someone who has a Traumatic Brain Injury

MSB ALERT: New Ordinance on Employer’s use of Criminal Records

Safety Meetings and Toolbox-Talks: Are you doing these?

Substance Use in the Construction Industry: Are you addressing it?

How to Stay Safe Driving Around Tractor Trailers

Addressing the Construction Worker Shortage Across the U.S.

What damages can I recover from a car crash in Missouri?

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