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Mediation Basics – Preparing the Client

By: Rick Morefield Failing to fully prepare a client for mediation is one of the most common errors I see newer lawyers make in mediation. Newer lawyers know that it is important to educate the mediator about the case, but they sometimes miss the importance of educating the client not only about the case, but also about what to expect in mediation. Mediation is a process. It requires the client to exercise patience. It requires the client to have faith in the lawyer, the mediator, and in the mediation process. But, a client cannot be expected to trust the process if the client doesn’t know what to expect. Even clients who have been through mediation in other cases need a quick refresher that focuses on the unique aspects of the current case.  Below is a quick list of topics to cover. 1. Explain what will happen in the opening session.  Typically, the mediator explains the process, but it helps if the client has heard an overview from their lawyer first. This should include information about anything unique to expect from the mediator. It is becoming more common for parties to skip an opening statement. If opening statements will be given, make sure the client knows that the opponent may make statements or arguments that offend them.  If your client is forewarned, your client will be more likely to keep control of their emotions. It is equally important to explain to your client that your opening statement is advocacy and they should take it with a grain of salt. 2. Explain that the initial offers and demands at mediation will usually be unacceptable to both parties.  Defendants typically start with ocean bottom offers; plaintiffs tend to make sky-high demands. Remind your client this is a process and to let the process play out. If the client is surprised, their emotions may derail the mediation. 3. Have a frank discussion with your client about the strengths and weaknesses of their case.  No case is perfect. Mediators will tend to highlight case weaknesses during caucus sessions. Clients are better able to trust the mediation process if they have already heard about the weaknesses in their case from their own attorney. If they hear about weaknesses for the first time from the mediator, they may tend to lose trust in their lawyer or in the mediator.  4. Warn the client that the mediator will ask hard questions in the caucus sessions.  It’s the mediator’s job to help each party see the weaknesses in their case. Remind your client that the mediator is doing the same thing in the other room. Encourage your client to listen to the mediator and carefully evaluate what they hear. The mediator wants a good outcome for the parties. 5. Remind your client to keep a poker face when the mediator is present.  When a satisfactory offer or demand is made, the client should not look too happy. More negotiating may lead to a better offer or demand. When an offer or demand is disappointing, the client should avoid arguing with the mediator. You should discuss with your client when or if they should discuss the case with the mediator and when they should defer to you.  6. Provide your client with a detailed understanding of the costs and the risks of trial so your client can have context to evaluate the reasonableness of settlement offers or demands.  Make sure your client is aware of any additional costs that may be incurred if the case proceeds to trial. It is helpful to prepare a spreadsheet for clients that shows what they would take home from a settlement after deducting fees and expenses. The spreadsheet should also show their “take home” with different potential outcomes at trial. For defendants, the spreadsheet should show the “all in” cost of a settlement compared to the cost of different outcomes at trial. Without this information, your client may not understand the real impact of a settlement on their life or business. 7. Finally, ask your client what their needs are.  Does your client want to go to trial? Does your client consider trial unthinkable? The goal of mediation is to maximize the benefit to your client. Knowing your client’s desires and needs will help you provide better advice at mediation.

Have you been injured as a result of someone else's negligence? Contact our Overland Park personal injury attorneys today.

Protect Your Personal Injury Claim: Tips for Social Media

When it comes to personal injury claims, posts on social media can damage your case. It has been said that social media is forever. We know that is true when we see celebrities and politicians publicly embarrassed by something they posted to social media several years ago. Social media will almost never help your case. Those who have been injured need to know what to avoid doing on social media and how posts by others can also damage their case. In this article, we’ll discuss how to protect yourself online and provide recommendations for safe social media use. If you’ve been injured in an accident and have questions, our team of personal injury attorneys is here to help. What Lawyers Look For on Social Media When investigating and proving personal injury claims, attorneys use social media as a powerful tool to investigate the opposing party. You can be sure that the opposing lawyer will  look for posts that may provide insight into the circumstances surrounding your injury, as well as posts that show the impact of the injury on your lifestyle. They also look for posts that can be used to cast doubt on your injuries. The opposing attorney may use seemingly unrelated social media posts to attack your claims. The danger of social media is that one of your posts may be taken out of context. That picture you post of you and your family smiling and celebrating at a wedding may be used by the opposing party to claim you aren’t really hurt. The picture may not show that you arrived at the wedding on crutches or that you had to take pain medications to endure the event. Social media posts usually show us at our smiling best. Posts that were intended to show a happy moment can be used by the opposing party to paint a false picture that you have fully recovered. When you try to explain to a jury what your life is really like, the defense lawyer may argue that your social media posts are what you chose to tell the world about yourself and that what you are telling the jury is only for the purpose of getting money. Your lawyers will also conduct social media research on the party who injured you. We have had cases where the defendant posted pictures that were inconsistent with their story at deposition or trial.  What Not to Do It’s usually best to avoid posting on social media when you have a case pending, or at least minimize it.  Common mistakes that can damage a case include posting pictures or statements regarding the accident or injury online or engaging in online conversations about the incident with other parties involved. Social media is risky because your posts can be taken out of context.  Even unrelated pictures of yourself can be used by your opponent to imply that you are not really hurt. Such posts can be used as evidence against you, potentially weakening or even disproving your side of the story. Third-Party Posts Additionally, you should be aware that posts by others may also have an impact on your case. Even if a post does not originate from you directly, it is important to remember that any post made by family or friends about your injury can be used against you, so it’s best to keep everyone in your circle informed not to discuss your case online and to avoid posting pictures of you online. Recommendations  When filing a personal injury claim, individuals should take these steps to protect themselves online: Avoid discussing details of the accident or injury on social media sites; If you made posts before reading this article, do not delete your posts or social media accounts – you may be accused of destroying evidence; Make your social media accounts as private as possible – your attorney can guide you through the process; Avoid posting selfies or other photographs of yourself online; Ensure family and friends are aware of what not to share online; and Reach out for legal advice if you’re unsure about a post’s implications for your case. Protect Your Rights With Our Representation Understanding how social media plays a role in personal injury claims is key for both current and prospective clients who are considering legal action. If you have been injured in an accident, please do not hesitate to contact our Overland Park personal injury attorneys. Call (913) 839-2808, or email MSB and let us help you through this difficult time.

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Managing Multiple Businesses: Pros & Cons of Holding Companies

With the rise of entrepreneurship and the “gig economy”, more and more people in Kansas and Missouri are engaging in multiple business ventures. While this can be extremely profitable, it can also create a complicated web of legal obligations that need to be managed. One option is choosing to form a holding company.  There are numerous benefits and potential pitfalls of organizing your business interests with a holding company.  How a Holding Company Can Untangle Your Business Ventures A holding company, also sometimes known as a “parent company”, is a business entity that owns other business entities. It acts as a parent or umbrella organization for the subsidiary businesses it owns, allowing them to operate under its name if the parent company wishes. It can be used for consolidating different investments and businesses together in order to increase efficiency and organization, while also creating additional layers of liability protection for the members or shareholders of the parent company. The holding company does not actually take part in the daily operations of its subsidiaries; rather, it serves as an owner or manager of such entities.  To Merge or Not to Merge? When making the decision whether to bring all your different businesses under one umbrella, the key advantage of creating a holding company is that it can further protect you from liability exposure. Furthermore, it may provide valuable tax savings when business owners are able to take advantage of federal and state tax deductions. However, there are potential drawbacks to consider when deciding if a holding company is appropriate for your needs. Primarily, the complexity of the business structure may make it difficult to manage multiple interests without proper guidance from an experienced lawyer. Our Business Lawyers Can Help Creating a holding company can be an effective way for entrepreneurs in Kansas and Missouri to further protect themselves from risk and liability exposure, while also providing continuing between management of their various business interests. However, with this approach comes potential risk. Before making the decision, it’s important to weigh both the pros and cons thoroughly with help from an experienced business lawyer so that you can make an informed decision. Contact Morefield Speicher Bachman to discuss and determine whether a holding company is right for you!

Injured in a car accident by a self-driving car? Our Overland Park car accident attorneys are here to help.

What You Need to Know About Self-Driving Car Accidents

Self-driving cars are a reality now and so are the personal injury claims that come after an accident involving one. With this new technology comes uncertainty about who is at fault and how to recover compensation for damages. If you or someone you know has been injured in a self-driving car accident, understanding the legal landscape is key to navigating a successful personal injury claim. In this article, we’ll discuss who may be assigned blame in these accidents and what steps to take afterward. The Different Parties Involved In a self-driving car accident, it can be confusing to determine who should be held accountable. It’s not always clear where liability lies—the driver, the technology company, or the manufacturer of the vehicle? Generally speaking, it is possible for any of these parties to be held responsible for damages, but typically, the person behind the wheel will be responsible.  Manufacturers of autonomous vehicles are responsible for designing and producing safe cars as well as staying up-to-date on relevant safety regulations and standards. If there is a defect in the design or manufacture of a vehicle and that defect causes an accident, then manufacturers may be held liable for resulting damages, as would be the case with any “normal” car manufacturer. Technology companies that provide the software or hardware driving these cars are also potentially liable for any defects in those components that cause an accident. But, drivers are expected to use reasonable care while operating their vehicles and could be held liable if they fail to do so even when utilizing autonomous features. Drivers continue to be the party who most likely will be responsible for an accident because at this time, most “self-driving cars” are only partially autonomous. These vehicles still need input and supervision by the driver in order to be safe.  Legal Considerations When assessing blame after a self-driving car accident, it is important to understand applicable laws and regulations associated with this technology as well as common law principles such as negligence and recklessness. Depending on where you live, different laws may apply when determining who is at fault in an autonomous vehicle accident. Fault may also depend on the extent to which the car is expected to operate without driver input. At this time, drivers still bear primary responsibility for damage caused by their vehicle. As technology advances, we can expect changes in the law to follow. Technology often moves faster than the law, however.   Laws are also constantly evolving as states continue to update existing statutes and introduce new ones regarding self-driving cars. Additionally, common law principles such as negligence per se (negligence established by violation of statute) and comparative negligence (when two or more parties contribute at least partially to causing an accident) may come into play in determining liability after a self-driving car crash. If you purchase a vehicle that is fully or partially self-driving, you should make sure that you have appropriate vehicle insurance in place. You should also check the current state of the laws in your state regarding who is responsible for what happens in a self-driving vehicle and the extent to which you are required to remain actively involved with the basic functions of driving. What to Do After an Accident If you’ve been involved in an accident involving a self-driving car or another type of autonomous vehicle technology, it’s important that you take steps immediately after the incident occurs in order to ensure your rights are protected and you receive appropriate compensation for any damages incurred. First, seek medical attention right away—even if your injuries seem minor at first—since symptoms can worsen over time and some conditions might not present immediately. Second, document everything related to your claim including photos, diagrams, contact information from witnesses, medical records, repair estimates, injury symptoms, etc. This evidence will help strengthen your case against negligent parties. Finally, contact an experienced personal injury attorney who can handle self-driving car accident claims. At Morefield Speicher Bachman, our knowledgeable attorneys will help guide you through the process and make sure you receive fair compensation for any harm caused by another person’s negligence. We Are Here to Help With the advent of self-driving cars, there are new legal questions about who bears responsibility after an accident occurs involving these vehicles. This is a fast changing area of technology and law. If you have a question about a self-driving vehicle accident, call us so that we can help you based on the latest legal technological changes. This is an area where changes will be likely to occur between the time we wrote this article and the time you read it.  If you have been injured in a self-driving car accident and require legal counsel, contact an attorney at Morefield Speicher Bachman today.

Mediation: Taking the Uncertainty Away from Trial and Reaching an Agreed Outcome

Are you involved in a lawsuit and facing the uncertainty of a trial? Are you looking for a way to avoid that uncertainty and reach an agreed outcome? If so, mediation may be the answer. Mediator and trial attorney Rick Morefield had a recent experience that demonstrates how the outcome of a trial depends as much on the jurors selected to decide the case as it does on the quality of the case or the skill of the lawyers. ABOTA and ABA Offer Trial Academy for Less Experienced Lawyers: Lessons Learned from a Product Liability Case In September 2022, the American Board of Trial Attorneys (ABOTA)  and the American Bar Association (ABA) Tort Trial and Insurance Practice Section offered a one-week Trial Academy to provide training for less experienced trial lawyers. Mediator and trial lawyer Rick Morefield was one of the instructors and mentors. During the week, the students got to practice and receive training on jury selection, opening statements, direct examination, cross examination, and closing argument. At the end of the Trial Academy, the students conducted a full trial in front of a jury picked from the normal state court jury pool in Reno, Nevada. This year’s trial was a product liability case involving a young boy who allegedly suffered a traumatic brain injury that was caused by a defective roller coaster. The Trial Academy had enough jurors available that it was able to have the entire jury pool observe the trial, but then it split the jury pool into two separate juries for deliberations. The two juries deliberated in separate rooms while the students and instructors watched the deliberations on a video feed. One group of jurors rendered a verdict for the plaintiff and awarded $5 million in damages. The other group of jurors rendered a verdict for the defendant. It is shocking that two juries who heard the same facts and arguments presented by the same lawyers at the same time reached such wildly different verdicts. Although this was an unexpected outcome, it was a valuable lesson for both the students and the instructors. The same thing can happen in a real trial. Regardless of the skill of the lawyers and the justice of the cause, trial lawyers and their clients are ultimately at the mercy of their jury.  The Importance of Mediation This is why mediation is so important. A skilled mediator can help all parties see what could go wrong at trial and avoid the uncertainty of a jury verdict. Mediation allows the parties to bypass the uncertainty of trial and the unpredictable nature of juries. Mediation allows the parties to control the outcome of their case by reaching a settlement with the assistance of a skilled mediator. Save Time, Money and Relationships While mediation does not guarantee that an agreement will be reached, it does provide an excellent opportunity for parties to have honest discussions with a neutral mediator about the strengths and weaknesses of their case. This can save time, money and stress associated with trial. Mediation can also help to preserve relationships between people who will have to do business with each other in the future.  Avoid Lengthy Trials and High Legal Fees Mediation gives parties the chance to find a resolution that works for both sides and that takes less time  and money to achieve. By reaching an agreement through mediation, parties are able to minimize costly court fees, expert witness fees, attorneys fees, and the time associated with a lengthy trial and possibly an appeal.  MSB Law: Your Trusted Partner in Mediation Mediation is a great alternative to trial for resolving legal disputes. MSB Law provides highly experienced Overland Park and Kansas City mediation lawyers for many different types of claims and disputes. Rick Morefield heads the firm’s mediation services practice and regularly serves as a mediator in Overland Park, Kansas City and throughout Kansas and Missouri.  If you need a mediator, call us at (913) 839-2808 to get on Rick’s schedule!

Taking Action After a Wrongful Death: What Families Need to Know

For families that have suffered the loss of a loved one due to an accident or another’s negligence, the grief can be devastating. Unfortunately, this tragedy can be compounded by ongoing financial and emotional burdens. If your family has been affected by a wrongful death, you may have legal recourse available in the form of a wrongful death lawsuit. At Morefield Speicher Bachman, we understand that taking legal action may seem daunting, but we are here to get justice on behalf of those who have lost their loved ones. In this article, we will provide an overview of wrongful death lawsuits and what families need to know. Qualifying Factors for Wrongful Death Cases: Under the law, a wrongful death claim can be made for the death of a family member when the death was caused by another’s negligence or misconduct. In order to qualify for this type of lawsuit, families must prove that their loved one’s death was caused by the wrongful action or inaction of another party. Examples of cases that can qualify for wrongful death claims include car accidents, medical malpractice, product defects or dangerous products on the market and workplace negligence or mishandling of hazardous materials. When the death was caused by workplace negligence, the claim may need to be brought through the workers compensation system. Who is Liable in a Wrongful Death Case? Liability in these types of cases depends on many factors, but typically any party whose negligence caused the death of the deceased can be liable. This includes medical professionals who failed to provide adequate care to their patient, employers whose actions violated safety regulations leading to a workplace accident, drivers who were under the influence or negligent when operating a vehicle, and property owners who did not maintain safe conditions on their premises. Depending on state laws and individual circumstances, other entities may also be held accountable for wrongful deaths. Rights & Damages Claimable Under Law In cases of wrongful death, family members may be able to pursue damages for medical expenses incurred prior to death, loss of financial support from the deceased individual, emotional distress due to losing a loved one, funeral expenses and more. Additionally, punitive damages may be awarded in extreme cases where the wrongdoer’s conduct was reckless or intentional. As each case is unique and state laws vary when it comes to rights and remedies available after wrongful deaths occur, it is important to contact an experienced wrongful death attorney who can evaluate your situation and determine if you have grounds for filing a claim against those at fault. We regularly handle wrongful death claims in Kansas and Missouri. Contact Our Overland Park Wrongful Death Lawyers Today Determining responsibility for wrongdoings can be difficult without professional guidance – working with an attorney ensures that all steps taken during litigation are legally sound so you do not miss out on any potential benefits due under the law. If you have recently lost a loved one due to another’s mistakes or irresponsibility, do not hesitate to get help from one of our experienced wrongful death attorneys. Call us today at (913) 839-2808.

Injured in an accident? Our Overland Park commercial truck accident attorneys are here to assist you

Who is Liable in a Commercial Truck Accident? Unveiling the Corporate and Personal Responsibilities of Personal Injury Cases

If you or a loved one is involved in a commercial truck accident, the question of who is liable for the resulting damages can be difficult to answer. While it’s clear that the truck driver and their employer share responsibility for any personal injury claims, determining how much liability each party holds can be complicated. In this article, we’ll discuss legal issues related to personal injury cases involving commercial trucks and why it’s important to understand the corporate and personal responsibilities of everyone involved. If you have any questions, please do not hesitate to contact our Overland Park Truck Accident Lawyers. Understanding Corporate Liability When it comes to commercial truck accidents, the responsible party is determined by a complex set of laws and regulations. Companies are held responsible for any injuries caused by their drivers or vehicles, even if those injuries were the result of individual negligence. This means that the company must be able to demonstrate that they had taken reasonable steps to protect the public from accidents.  For example, if a driver works for an employer who has failed to provide sufficient training or maintain their vehicles properly, then the company can be held liable for any resulting personal injury claims. Additionally, employers may be liable if they have failed to regularly check their driver’s records or investigate past performance, or if they have ignored warning signs that their driver is not driving safely. In many cases, truck drivers are independent contractors and not employees of the trucking company. This can further complicate the issue of fault and liability.  Personal Responsibility in Truck Accidents Companies are not solely responsible for all truck accident cases. Drivers may bear some responsibility as well, depending on the circumstances of each case. If a driver was speeding or operating a vehicle without proper licensing and supervision, then they may also be liable for any resulting damages. Furthermore, drivers who fail to abide by traffic laws or company policies could be liable for any personal injury claims stemming from their negligence. Drivers are also required to follow regulations regarding the number of hours they can drive before they take a break and regarding maintaining their log books.  In some cases, both the company and the driver can be found at fault for an accident. In these situations, it’s essential to determine exactly how much responsibility each party holds in order to properly pursue legal action against them.  Factors That Determine Fault in Commercial Truck Accidents  There are many factors when it comes to determining fault in commercial truck accidents, the following are some of the most important ones. There are too many potential factors to include all of them in a brief article. That’s why retaining a lawyer early is so important. Speed – If the vehicle was traveling at excessive speeds beyond legal limits or what is considered safe driving conditions at the time of the accident then they could potentially be found negligent.  Weather Conditions – Companies must take extra precautions when sending out trucks during inclement weather. Poor weather conditions can make it more difficult for large vehicles to maneuver safely. Vehicle Maintenance – Companies must ensure that all vehicles associated with their business are properly maintained so as not to pose danger on roads. Malfunctioning brakes, faulty wiring, and other technical issues could prove costly if they lead to an accident. Driver Negligence – Finally, companies must ensure that all drivers hired have valid licenses and have undergone proper training in order to reduce risk while on the road. Drivers should also adhere strictly to traffic laws and policies established by their employer so as not put themselves or others in danger.  Conduct of the Employer – If the company has failed to properly train and supervise its drivers or if it has ignored evidence that one of its drivers has been failing to comply with driver rules and regulations, this may lead to liability. Our Overland Park Personal Injury Lawyers Can Help If you have been injured in a commercial truck accident, our Overland Park personal injury attorneys are prepared to help you. Our law office knows how to help clients get the compensation they deserve. Contact us today at (913) 839-2808 to schedule a free consultation.

Technology’s Impact on how we work

Technology’s Impact on How We Work

Our law firm has always put an emphasis on taking advantage of advances in technology, from the way we communicate with clients to the way we research and prepare for cases. Personal injury law firms, like us, have especially benefited from this, allowing us to provide better service to our clients and increase efficiency. Regardless of where you live in the United States, our personal injury lawyers are here to help. Do not hesitate to call us at (913) 839-2808. Improved Communication The ability to communicate with clients more effectively is one of the most significant changes that technology has brought to personal injury law firms. Thanks to video conferencing, online chat features, and other communication technologies, lawyers and their teams are now able to communicate quickly and effectively with their clients. Lawyers can also now provide a better configured service to their clients and respond to inquiries with more urgency.  Research and Preparation Secondly, research, preparation, and heading to trial have been streamlined by technology. Lawyers now have access to a wealth of information quickly and easily through extensive online databases and access to their peers. As a result, they are able to better understand all aspects of a case and prepare more effective arguments. Additionally, technology allows lawyers to access and organize court documents and other legal resources more easily, enabling them to better prepare for court appearances. Moreover, it allows them to minimize travel, saving the client time and money. Streamlined Operations Lastly, technology has enabled personal injury law firms to streamline their operations. Using cloud-based software, lawyers and their teams can now access and store documents from anywhere, improving their efficiency. Furthermore, technology has enabled lawyers to automate many tasks, such as billing and document management, allowing them to focus more on their cases. Another exciting development has been the improvement of evidence presentation technology. We are able to quickly and efficiently access, present, and highlight evidence at trial through applications such as TrialPad, TranscriptPad, and many others. Overall, technology has profoundly impacted the way personal injury law firms operate, more specifically, the way our firm operates. As technology evolves, we will continue to adapt and grow. We are ready to assist you with your personal injury claim at Morefield Speicher Bachman. Please do not hesitate to reach out to our expert personal injury attorneys at (913) 839-2808.

myths and facts

Myths and Misconceptions About Personal Injuries

Myths and misconceptions permeate all aspects of our lives. In the area of personal injury law, lawyers are familiar with these myths which can have detrimental effects on people seeking help. Myths such as, “I’m not injured enough to file a claim” and, “insurance will cover all of this” prevent injured people from seeking the help they need. This article discusses some of these and why they are not true. An experienced personal injury attorney can help you determine if you have a case. Please do not hesitate to contact our attorneys (913) 839-2808 Myth #1 – The Same Rules Apply to All Personal Injuries This is not true. For example, if you are injured on the job, different rules apply than if you were injured in a car crash unrelated to your work. Different rules apply to injuries that occur in different states. Your right to recover compensation for an injury can be affected significantly by the circumstances surrounding it. A personal injury lawyer can help you determine the type of personal injury case you have so that you can take the necessary steps to recover the compensation you deserve. Myth #2 – Personal Injury Lawsuits Only Cover Physical Damage False. You can seek compensation for many things related to suffering a personal injury. A few examples of these are punitive damages, emotional distress, pain and suffering, lost wages, and medical bills. Just because you cannot see an injury does not mean it does not exist. Myth #3 – My Injuries Are Not Severe Enough After an accident, many people tend to overthink their situation. Regardless of how minor your injuries seem, you should consult a lawyer. Some injuries do not involve a great deal of medical treatment, but they cause significant pain, inconvenience, or disability. Although your medical treatment is an important factor in a case, the dollar value of your medical bills does not determine the value of your case. Furthermore, some injuries may worsen over time, so it is better to be safe than sorry. Our team would be more than happy to answer any questions you may have regarding an injury. Myth #4 – All Damages Will Be Covered By Insurance Many insurance policies do not cover all of the costs associated with accidents. And, it is common for insurance companies to act only in their own best interests. Paying out less money increases their profits. Our attorneys can help you recover all of the compensation you deserve.  Myth #5 – I Have Time To File My Personal Injury Claim This is not always true. Each state has specific statutes of limitations (deadlines to file a lawsuit). We handle Missouri and Kansas personal injury cases. Kansas and Missouri have different statutes of limitation. To ensure that your claim is not barred by the statute of limitations, it is advisable to file it well in advance. Waiting until the last day to file suit is generally unwise. Your lawyer will be able to get better results if he or she is able to investigate your case as early as possible. Witnesses’ memories may fade and evidence may disappear or be destroyed if you do not act quickly. Time is of the essence. We Are Here For You An experienced personal injury lawyer can determine whether you are entitled to compensation if you are injured in an accident. At Morefield Speicher Bachman, we have a long history of handling personal injury cases. Don’t hesitate to contact our lawyers at (913) 839-2808.

vehicle wreck

Car Related Fatalities Continue to Rise Despite Improving Safety Standards

Each year, car manufacturers showcase their newest designs and boast about their latest and greatest accolades and features. Dealerships rely on skillful marketing to keep consumers buying their latest models. As far as vehicle safety is concerned in the United States, cars have come a long way, and they only continue to improve. Despite the improved safety features, car fatalities continue to rise. From 2020 to 2021, there was an increase of 10.5% in the number of fatalities, the highest rate of change since 2005. This article examines the underlying reasons. Please don’t hesitate to contact our world-class personal injury lawyers at (913)-839-2808 if you or a loved one has been involved in a motor vehicle accident. Our Vehicles: What’s Changed? Vehicles and the technology within them have changed drastically over the past century. Of these changes, the weight of vehicles has been one of the most significant contributors to the increasing death rate. In auto accidents, heavier vehicles are more likely to kill pedestrians and cause greater damage. Not only are cars heavier than ever, but they are also larger. Due to this increase in size, drivers have more blind spots and rely heavily on technology to be alerted to hazards or people. The Institute for Highway Safety reports that larger vehicles, such as SUVs, pickup trucks, vans, and minivans, are much more likely to hit pedestrians than smaller vehicles. Driver Behavior Has Worsened In addition to changes in the size and weight of cars, changes in driver behavior also contributes to the death rate. During the pandemic, Americans were driving less than ever, but as restrictions eased, more and more people got back on the roads again. Fast forward to a year after lockdown and the fatality rate was significantly higher than years past. Experts found that this was due to an increase in reckless driving. This trend has unfortunately continued into 2022. In order to combat this, experts recommend standardizing car safety technologies, lowering speed limits in urban centers, and improving pedestrian infrastructure. Car Focused Infrastructure Most American cities are designed around cars, not people. As a result, urban areas are particularly difficult to navigate for those who walk, bike, or use other modes of transportation. Cities across the nation have recognized this problem and are working to raise driver awareness levels. By changing our infrastructure to be more centered on pedestrians, we can achieve this. Helpful changes include things like installing speed bumps, narrowing lanes, lowering speed limits, and improving public transportation. Although there is no one-size-fits-all solution to reducing vehicle-related fatalities, we need to continue addressing city, road, and car safety issues if we are to create a safer environment for future generations. We Are Here to Help In the event that you were injured in an accident as a driver, passenger, or a pedestrian, you should consult with one of our world-class car accident lawyers. We have helped hundreds of car accident victims with our Overland Park Car Accident Lawyers’ expertise. Please feel free to contact us by phone at (913)-839-2808.