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What Damages Can I Recover from a Car Crash in Kansas?

Car Accident, Personal Injury / By

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 facts and circumstances surrounding your case. What we can tell you, however, is the types of damages available and any limits on those damages. This month we’ll cover the laws surrounding this issue in Kansas. Stay tuned next month to learn about the laws in Missouri. Economic Damages There are two types of damages the court looks at: economic damages and non-economic damages. Economic damages include: Past and future 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; Loss of enjoyment of life; Emotional distress; and Disability or disfigurement. Unlike economic damages, Kansas law limits the amount of money you can recover for non-economic damages. The limit is determined by statute and depends in large part on when the car crash occurred. Currently, the state law caps this type of damages to $300,000 for crashes occurring between July 1, 2014, and July 1, 2018; $325,000 for crashes occurring between July 1, 2018, and July 1, 2022; and $350,000 for crashes occurring after July 1, 2022. Limits Based on Modified Comparative Fault One other thing to be aware of that could affect your compensation is Kansas’s law relating to modified comparative fault. The court will look at the percentage each party was at fault and reduce their damages by that amount. For example, if you were 10% at fault in the car crash, the court will reduce your award by 10% or, in other words, only award you 90% of your damages. In addition, if the court decides a driver was more than 50% at fault, that driver cannot recover any damages. 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.

Protecting Your Business During the Cold Weather Months

Construction Law / By

As the weather changes, different safety issues arise. In the summer, there are warm weather hazards to be aware of such as heat stroke and dehydration. Now that we are moving into the colder months, you should stay aware of how this change affects your employee’s safety and your bottom line. Protect Your Employees Cold, wet weather presents a variety of potential hazards for workers. These hazards can include cold stress, slipping and falling and seasonal illnesses  The Occupational Safety and Health Administration (OSHA) has created recommendations to follow in order to minimize these hazards. According to OSHA, “employers have a responsibility to provide workers with employment and a place of employment which is free from recognized hazards, including winter related hazards.” Workers may experience physical symptoms from colder weather, known as cold stress. This is where the body can no longer maintain its regular temperature. Fingers and toes can become less sensitive and frostbitten as well,  which affects dexterity in operating machinery. Slipping and falling on wet icy surfaces also becomes a hazard during the colder months. To address these hazards, many companies will provide their workers with hats, gloves, jackets and other weather protective gear. While OSHA doesn’t require this, it is highly recommended. In addition, they recommend the following precautions be taken: Provide engineering controls for your workers to cope with cold (radiant heaters); Train supervisors and employees to recognize the signs of cold stress; Schedule work during the warmest time of day; Schedule breaks in warm areas; and Have employees work in pairs. Protect Your Schedule Depending on what state you live in, a serious winter storm may come as no surprise. If you live in a place where snow storms are predictable, a company should not expect any time extensions because of the weather. It is not a bad idea to consider the average weather patterns for your area when planning a job. If rain is normal for November, for instance, provisions should be made ahead of time for rain tarps, wet weather gear, rental heaters and concrete blankets. You should also take into consideration the extra gas and heating costs during this time and a loss of productivity from your workers. Experts contend that there is an average of 10-15% drop in productivity during the colder weather months. Plan Ahead When negotiating a winter job, parties should agree well in advance who will be responsible for bearing the extra expense involved. This shouldn’t be settled over coffee and a handshake, but put in writing in the contract. If you are negotiating a job that will begin in December for example, order your cold weather supplies now. Be prepared for the inevitable will keep your employees safe and comfortable and will help your project run smoothly.

From the Road to the Kitchen: Thanksgiving Safety Tips

News / By

Millions of Americans gather with loved ones to celebrate Thanksgiving. The includes road trips to family who live in other states and lots of cooks in the kitchen. Did you know that Thanksgiving is the peak day for home fires as a result of cooking? Take a few minutes with your family to review these safety tips before your Thanksgiving celebration! Tips for the Road: Don’t be a rule breaker. Follow the speed limit, slow down for work zones, don’t follow too closely, come to a full stop at stop signs and don’t speed through red lights. Make frequent stops. Road trips can feel long and can cause you to become drowsy. Split up the driving between a few drivers and rotate frequently. If you are the only one able to drive, make sure you take rest breaks to stretch your legs and keep your mind active and aware of your surroundings. Prepare before you go. Check your tire pressure and oil levels. Take care of any maintenance before hitting the road. Clean your headlights, taillights and windows. Remember your headlights. Turn your headlights on as soon as dusk approaches and remember to use headlights if you are driving in inclement weather. Tips for the Kitchen: Test your smoke detectors prior to Thanksgiving Day. Keep the kitchen floor clean of children’s toys to avoid tripping in the cooking area. Keep all sharp and hot objects, such as knives, pushed far back on the counter and out of children’s reach. Use timers and never leave cooking food unattended– this will reduce the risk that you forget the stove or oven is on. Unattended cooking is the leading factor contributing to cooking fires. Keep children and pets out of the kitchen and away from the cooking area. Food can splatter unexpectedly and hot food can seriously injure your children. Keep unnecessary items away from the stove. Pot holders, oven mitts, utensils, food packaging and towels can all catch fire quickly. Keep a fire extinguisher in the kitchen, just in case. Regularly clean your cooking area to reduce grease buildup that could lead to a fire. Do one final check of the kitchen before leaving or going to bed to ensure all stoves, ovens and appliances are turned off and, if appropriate, unplugged. Enjoy the holiday with your loved ones!

Creating a Company Culture of Safety

Construction Law / By

It’s no secret that construction work is dangerous. According to the Occupational Safety and Health Administration (OSHA) 1 in every 5 fatalities in private industry is in the construction sector. According to the Bureau of Labor Statistics, construction site fatalities have been consistently on the rise. In 2015 alone, there was a 4% increase in construction-related deaths. As a business owner, your employees are a vital component to creating an environment where things run smoothly and morale is high. An accident not only impacts the human element of your business, it affects your bottom line in terms of delays, regulatory consequences and potential litigation. Safety should be a key component of every project, starting on day 1. By making safety your priority, you reduce injuries, save lives and keep your projects on track. Companies that adopt a culture of safety first benefit everyone. Safety Starts at the Top Safety begins with the company executives and project leaders. These people should set an example, and hold management responsible for the safety of their employees. Everyone on the job should be trained regarding expectations, planning, and implementation of safety protocols. This applies across the board, from executives to managers, to job foremen and the employees. The Planning Process When planning for a project, work to identify the potential dangers involved. This would include everything from laying the foundation to creating the superstructure, to the finishing work. Then identify what proactive steps need to be taken to mitigate these potential hazards. As the job progresses, the safety issues associated with each phase should be reassessed. Training All workers need to be trained on the safety procedures, not just the new employees. Each new project should include a safety orientation, where the safety plans and procedures are reviewed. This should also include disciplinary actions for noncompliance, drug testing policies and fall management procedures when applicable. Fall Management Statistics report that 2 out of every 5 construction fatalities are due to falls. Falls top the list for causing fatalities in the construction industry. This is closely followed by “struck-by” accidents, crash injuries and electrocution. OSHA reports that by just eliminating the “fatal four” dangers, 602 lives could be saved annually. It is recommended that fall prevention safety measures start at a minimum of 6 feet. A detailed fall management plan should be created for every project that has a fall risk. Learn from Near Misses and Accidents Learning the root cause of a near miss or accident enables the company to take preventative measures in the future. Each incident should be scrutinized to determine what went wrong and what can be done in the future to mitigate the danger. Collaboration Companies who take their safety seriously adopt a collaborative approach by working with their insurers and risk management professionals from the beginning. Building a solid safety culture takes time, attention and resources. However, the benefits pay off exponentially. It promotes a positive company reputation, lowers project costs and makes the company more attractive to employees and clients.

37% of People Have Fallen Asleep While Driving – Remember These 12 tips to Stay Safe

Personal Injury / By

37% of people have fallen asleep while driving. On top of that, 60% of people have driven while tired, 13% report falling asleep while driving at least once a month and 4% have caused crashes by driving while tired. These incidents don’t just happen on long road trips – it can be when you’re driving home from a long day at work; maybe you didn’t sleep well and are tired driving to work early in the morning. It’s important to be aware of any fatigue and address it before it causes a crash. With the shorter winter days coming our way, keep these nighttime driving tips in mind to keep you awake, alert and safe. 5 Tips for Driving in the Dark: Make sure you have clean headlights and windshield; debris on the headlights or windshield can make it harder to see at night; Look away from oncoming lights; If needed, wear glasses and ensure your glasses are anti-reflective; Dim your dashboard lights; if they are too bright, they can be distracting; and Slow down and allow additional time for stopping. 4 Tips for Driving in the Dark during Rush Hour: Slow down and be patient; we know you want to get home but we want you to get there safely; Avoid excessive passing and be alert to other cars who may dart in and out of lanes; Avoid cruise control and stay alert; driving the same route every day can become routine but force yourself to stay alert and active as you drive; and Avoid distractions; try to look at a map ahead of time, rather than while you’re driving; avoid your phone, eating or drinking. Distractions can be even worse when driving in traffic in the dark. 3 Tips for Long Distance Driving in the Dark: Get at least 7 hours of sleep and avoid driving if you have been awake for 24 hours or more; Stop, stretch and rest every 2 hours; and Travel only during times that you are usually awake. Despite the fact that we only drive in the dark one-quarter of the time, 50% of traffic fatalities happen at night. Remember these tips and follow them to keep you, your family and other drivers safe.

New Law Provides Payment Protection for Kansas Subcontractors and Suppliers

Construction Law / By

In April, important payment protections were put in place for subcontractors and suppliers for public work projects that were financed by public-private partnerships. This new law provides that a contractor with a prime contract for over $100,000 on a public-private project must provide both payment and performance bonds. This law was initiated by the American Subcontractors Association to address the increase in projects for public use that are financed by public-private partnerships. The government uses these financing arrangements to take advantage of private sector equity and financing rather than using public funds at the tax payer’s expense. Under the new law, a payment bond is required to be for the full contract price for the protection of the supplier who is providing the materials and labor to the contractor or subcontractor. Additionally, the performance bond must state that the contractor will build or install what was agreed to in the contract. Prior to this, subcontractors and suppliers were in a vulnerable position in public-private projects. Unless otherwise specified, some projects were exempt to both mechanic’s lien laws and payment bonds leaving them without adequate assurance of payment.

What Caused Elvis’s Death? What Part Did Minor Traumatic Brain Injury Play?

Personal Injury / By

My family and I visited Memphis this summer. Since this year is the 40th anniversary of Elvis’s death, we made it a priority to tour Graceland. It was a first for all of us, and we had a great time. While touring Elvis’s private residence, I started wondering about the actual facts and circumstances of his death. So I googled it. What I found was very interesting and it caused me to ask the question: What really caused Elvis’s death? Over the past 40 years, there has been a lot of speculation about what led to Elvis’s death. Was it a simple heart attack? A drug overdose? It’s no secret that Elvis indulged in drug use, especially during the later years of his life. It’s also no secret that he had serious health problems for the last 10 years of his life. He suffered from hypertension, Cushing’s disease and high cholesterol, among other things. He was hospitalized and treated on multiple occasions for a variety of health issues. His history of health problems and drug use have made the conclusions of a drug overdose or a heart attack seemingly obvious for decades. But was there something the doctors were missing? Is there another piece to this puzzle? At least one doctor, Dr. Forest Tennant, who has extensively researched Elvis’s death and traumatic brain injuries (TBIs), thinks so. (insert link to article) As I learned while reading this article, standing in Elvis’s famed Jungle Room, Dr. Tennant concludes that head trauma suffered by Elvis was downplayed and could have been the root cause of his death. There are at least 4 documented instances of Elvis suffering head trauma as an adult. While some of those instances may seem minor, it’s important to note that even minor brain damage from head traumas can lead to significant consequences. In 1956, Elvis was knocked in the head during a fight at a gas station. Also in 1956, Elvis was struck in the head by a man at a hotel bar. In 1958, he was repeatedly knocked down throughout some rough roller skating “war games”; these were so rough that Elvis provided each player with an oxycodone/aspirin pill. The last, and most severe, head trauma occurred in 1967 when Elvis fell and hit his head hard on a porcelain bathtub and was knocked unconscious. After these incidents, as we now know is common with even mild traumatic brain injuries, Elvis’s behavior changed. He became erratic and irrational. He would refuse to bathe, take unknown pills, and complain of headaches, insomnia and pain all over. Elvis’s decline in health and increase in drug abuse may be attributed in large part to having suffered a TBI. Similarly, some of the health issues Elvis suffered, including infections and pain, may have stemmed from Autoimmune Inflammatory Disease that developed or was accelerated as a result of his head traumas. Autoimmune Inflammatory Disease occurs when brain tissue is leaked into the general blood circulation. This tissue is toxic to the rest of the body and when leaked, the antibodies start attacking normal tissue throughout the body. This can cause pain all over the body, including the spine, joints and muscles. It’s possible Elvis was using drugs to self-medicate and manage this pain. If Elvis or his family had known he was suffering from an autoimmune disease, brought on by traumatic brain injuries, is it possible he could have received treatment rather than relying on drugs to self-medicate? Could he have been saved? While we can’t change history, we can learn from the past and work to prevent others from suffering the same fate in the future by knowing the facts about TBI. TBIs can cause paranoia, reclusive behavior, poor hygiene, hostility and drug use. An Autoimmune Inflammatory Disease can cause headaches as well as pain throughout the body, and many patients are misdiagnosed with fibromyalgia. If you or a loved one has suffered head trauma, whether from a car crash or motorcycle wreck, or from a fall, be aware of the symptoms of traumatic brain injury and make sure to receive a full and complete workup and diagnosis.

AIA Contract Revised for 2017

Construction Law / By

AIA has been an industry leader in providing form contracts to the construction industry for over 100 years. Every ten years their documents are revised to keep up with changes in the law. In 2017, a significant amount of their documents were updated. One frequently used AIA contract form that underwent substantial change was the “General Conditions of the Contract for Construction.” Insurance and Bond Exhibit One of the areas that underwent significant change was Article 11, which covers insurance coverage and bonds. A majority of this section was transferred to an exhibit.  The creation of the Insurance and Bond Exhibit gives the parties greater flexibility and the ability to tailor the document to their needs. It also identifies what is optional, vs. mandatory coverage. This exhibit can also be used for other agreements, outside of insurance coverage and bonds. The language of Article 11 was changed in several important ways. The Contractor is not required to provide a Certificate of Insurance for instance. In the new version, a Contractor and an Owner are required to provide each other with notices of cancellation of coverage. Provisions were also added that protect the Contractor and subcontractors if the Owner doesn’t comply with the insurance requirements. Payment Inspired by the 2008 recession, AIA has revised the language that addresses the Owner’s ability to pay. The Contractor now has steps to follow if he does not receive assurances of payment. Digital Communications AIA has changed what is considered acceptable modes of communication. Digital communications are now allowed for sending notices between the parties. It is important to note, however, that any notices of claim must still be sent the traditional way (courier, personal service, certified mail). Filing a Claim The time frame for filing a claim has changed. Once the first decision and mediation is complete, a party can request that the other file a claim. Failure to do so within 60 days means both sides have waived their right to further arbitrate or litigate the issue. Minimum Changes The Contractor’s rights pertaining to change orders has been revised. If the Owner requests a small change, but the Contractor feels it will negatively impact the existing agreement (timing or price), he is not obligated to complete the change without a written change order. These are just a few of the changes that have been made to the AIA documents. If you are planning on using these documents in the future and have questions, please contact me.

Ten Water Safety Tips for the Hot Kansas City Summer

News / By

It is getting hot out there! July is always an almost unbearably hot month here in Kansas City – we hope you’re staying cool and staying safe at the same time. One of the most popular ways to cool off in the summer is by taking a dip in the water. Whether you’re cooling off in the pool, river, or even taking an out-of-state trip to the beach, there are some easy steps you can take to ensure the safety of yourself and your kids. How much do you know about drowning? Did you know it’s the second most common cause of death of children under the age of 14? Did you know it can happen in less than 2 minutes? The good news is you can take steps to prevent water dangers and keep your kids safe, cool and happy. Keep these ten water safety tips in mind this summer: Teach your children water safety and swimming as soon as possible. While you should never rely only on swimming lessons or life jackets to make water “safe”, you can teach your children about the dangers of the water. Explain to them why it’s important not to go into the water without an adult and teach them how to swim. Install a fence around water areas. Whether it is a pool or a spa, be certain you have adequate fencing around the area and ask your neighbors to install appropriate fencing as well. Fencing should be at least 4 feet tall and have self-closing and self-latching gates, but check your local laws and ordinances because they may require something more. If you have a spa, install a lockable cover.  Reduce access to water areas. If you have a pool, use alarms on doors and windows that lead to the pool area, remove furniture that a child could use to climb a fence into a pool area and put away toys that might entice children into the pool area.  Learn CPR. Learning CPR can be invaluable. Take a class to learn CPR and post the instructions near the water area. You should also keep a fully-stocked first aid kit near the water area in an easily accessible place. Make sure everyone is aware of the location of the first aid kit.  Always supervise children. This one may go without saying but is always a good reminder. Never assume someone else is watching your children. Never use flotation devices as a substitute, even for a short period of time. If you’re in a social setting, make sure all of the adults know who is in charge of watching the children and consider designating a specified “watcher”. Remember, when children are in trouble in the water, it is not always something you hear – in fact, it is usually silent.  Post and communicate water safety rules. Create safety rules for water areas. Discuss them with your children as well as any family members, neighbors or babysitters who many supervise the children. Have a plan to review these rules throughout the summer to keep everyone on the same page. Some rules to include are: Never go near the water without an adult’s permission and supervision. Only walk near water areas. Do not run. No diving into the water. No pushing or rough-housing near the water. Stay in shallow water. Only use plastic containers near water. Whether you’re sitting on the beach or around your pool, avoid glass containers. Broken glass can be hard to see and remove. Always ensure lifeguards are on duty. At the pool, beach or a water park, you should always ensure there is a lifeguard on duty. Remember, this does NOT take the place of supervising your children but is an extra precaution in addition to your supervision. Keep children away from suctions and drains. Suctions and drains can cause additional danger to children. Locate all the suctions and drains in your water area and keep children away from them. Always use life jackets. While you should not rely on life jackets in place of supervision, your children should always wear a life jacket when around water. Ensure the life jacket is coast-guard approved and fits your children appropriately. Using the wrong size life jacket can create a dangerous situation. Keep these tips in mind this summer and always remember, if you are near a water area and a child goes missing, always check the water area first. Stay cool this summer and more importantly, stay safe!

Ten Tips to Reduce Pedestrian Related Traffic Accidents

Personal Injury / By

The weather in Kansas City is perfect this time of year. You can feel the first hints of summer around the corner but without the overbearing humidity that will inevitably hammer us in July and August. It’s only natural we take every opportunity to be outside; walking the dog, window shopping on the Plaza, or enjoying Crossroads First Fridays. As more of us take to the streets though, the chance of pedestrian related traffic accidents goes up. The likelihood of significant personal injury or death is much greater in motor vehicle crashes involving a pedestrian. The Missouri Department of Transportation recently reported 83 pedestrian fatalities in Missouri in 2016. This number represents nearly 10% of all traffic fatalities in Missouri for the year. Here are a few seemingly simple tips to help reduce pedestrian related traffic accidents. 1. Put your phone away. Don’t walk near roadways, in crosswalks, or in parking lots with your head down focused on texting or playing games. It’s much easier to get out of the way of a driver that doesn’t see you when you’re not engrossed in the latest cat video. 2. Stay in your vehicle. If your car becomes disabled on the roadway, stay inside it whenever possible. Wait for help to arrive. Drivers are more likely to see your car than they are to see you standing outside of it. If you must leave your vehicle, please remember to turn on your emergency flashers, and keep a constant lookout for oncoming traffic. 3. Look both ways before you cross the street. That good old rule you learned from your mom when you were five still applies. She may not be standing there to hold your hand as you cross, but hopefully she’s in your head reminding you of this little nugget. Don’t assume because the crosswalk signal flashes ok to go that traffic coming either direction has stopped for you to cross. 4. Make sure you’re visible. Just because you can see a vehicle, doesn’t mean the driver can see you. This is especially true at night. Walk in lighted, pedestrian designated areas whenever possible. Wear light colored or reflective clothing at night. Be aware of obstacles that may make it hard for a driver to see you such as bushes or parked cars. 5. Avoid alcohol consumption. Almost half of car crashes that involve a pedestrian casualty also involved alcohol consumption – a third of which, the alcohol consumption was on the part of the pedestrian. Remember that alcohol can impair reflexes and decision-making ability both behind the wheel as well as on your feet. 6. Use crosswalks. Even if you don’t see any cars coming, it’s best to wait to cross the street until you are at a crosswalk. Crosswalks are where drivers are most likely to expect to see pedestrians and are the safest place to enter the roadway. 7. Make eye contact. Even when you have the right of way, never assume the driver will allow you to go first. Making eye contact with the driver will ensure that they see you before you enter the roadway. 8. Walk on the sidewalk. If a sidewalk is unavailable, you should walk on the shoulder of the road and face traffic. 9. Beware of parked vehicles. Parked vehicles can be dangerous themselves. Ensure the car is parked and the driver is not about to drive. Do not enter roadways near parked vehicles – they can obstruct other drivers’ views of pedestrians. 10. Walk defensively. Always be aware of your surroundings and expect the unexpected. Use particular caution when walking across a driveway or alleyway where drivers may not be expecting to see pedestrians. As you get out to enjoy this beautiful weather, remember these 10 tips and share them with your friends and family to help us keep Kansas City safe for both drivers and pedestrians.