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Snowmobile and ATV Accidents in the Winter—Personal Injury Lawsuits for Off-Road Vehicle Accidents

In the winter, snowmobiles and ATVs are versatile vehicles that can transport people and supplies through difficult terrain that would otherwise be inaccessible to larger vehicles. Additionally, these vehicles are used by hunters in hunting season and by individuals and families as a winter pastime.  Unfortunately, the powerful engines and icy winter conditions that make off-road vehicles so much fun can also cause devastating accidents and injuries. Although state laws exist that enforce snowmobile and ATV safety, their use remains a potentially dangerous activity. Our personal injury attorneys at Morefield Speicher Bachman can help you obtain compensation for your injuries, pain, suffering, and lost wages if you have been seriously injured in a snowmobile or ATV accident. Injuries Resulting from Snowmobile and ATV Accidents  An accident on an ATV or snowmobile can result in the following injuries even if the driver is wearing a helmet: Broken or dislocated bones Spinal cord injuries Internal organ damage/internal bleeding Traumatic brain injuries Paralysis Severe lacerations or amputations Causes of Snowmobile and ATV Accidents Hunters often use off-road vehicles to reach remote wooded areas or haul back kills. Driving through dense forested areas can increase the likelihood of collision with trees or rocks. When a winter recreation vehicle collides with mounds of ice, rocks, trees, or another snowmobile, it may suddenly turn or jolt, sending passengers into the air.   Inexperienced and untrained drivers may also cause accidents. Prior to operating an ATV or snowmobile, it is recommended that all new drivers take a state-approved safety course.  Drugs or alcohol can affect both decision-making and reaction time. Drivers under the influence of alcohol or drugs put themselves and others at risk. Defects in snowmobiles and ATVs can render them unsafe to drive. Manufacturers are responsible for making sure their vehicles operate properly and safely. Our Kansas and Missouri Personal Injury Lawyers Can Help with your Snowmobile or ATV Accident  Snowmobiles and ATVs are popular vehicles for both leisure and hunting purposes. Unfortunately, accidents are common and can result from negligence or machine safety hazards. If you have been injured in an ATV or snowmobile accident, our Kansas and Missouri attorneys at Morefield Speicher Bachman will guide you through the legal process of recovering compensation for injuries, pain, suffering, and lost wages. Please call (913) 839 2808 or Contact Us to arrange a FREE introductory call with one of our attorneys today.

Car Accident

Who Is At Fault In A Weather-Related Car Accident?

Kansas and Missouri drivers face many challenges during the winter months and that leads to more car accidents. The roads are slippery, the sun sets earlier, and snow and rain can make it difficult to see other cars on the road. Winter weather conditions such as snow, ice, hail, sleet, rain and fog can make driving hazardous. The risk of a car accident increases in bad weather or during a storm. When the weather creates difficult driving conditions, it is important to take all necessary precautions. Make sure you have plenty of tread on your tires. And, make sure your tire tread is the right type for the driving conditions. When a weather-related car crash occurs, the driver and those involved often wonder who is at fault. While bad weather may create dangerous driving conditions, driver negligence is usually the ultimate cause of an accident. Drivers must adapt their driving to the current weather conditions in order to remain safe. It is often difficult for the insurance company or those in the accident to determine who is at fault.  Liability In A Weather-Related Car Accident Drivers should remember that the law requires them to drive responsibly and with caution in any weather condition.  You may have to drive slower than the posted speed limit, take turns slowly, use your hazard lights, or even pull over if the conditions are too challenging. Weather and road conditions will be considered when determining who is at fault in a car crash. However, an individual can still be found liable despite the weather if he or she did not drive in a way that was safe under the weather conditions at the time of the accident. For example, it may be negligent to drive at the speed limit in snowy or icy conditions. In many cases, if a driver loses control of their car and crashes into another one, whether due to sliding on ice or hydroplaning, they will be found responsible for causing the accident. If the road condition was not isolated to a small section of road and was unexpected, the driver may not be at fault. It is essential to involve an attorney on your behalf as early as possible to help unravel these issues.  50/50 Fault Allocation Both drivers may share in the fault for the accident if they both lost control of their cars due to inclement weather or for other reasons. As a result, the insurance companies might decide to allocate fault 50/50 between each driver (“50/50 fault allocation”). The insurance company’s decision does not mean you do not have a case. The insurance companies have an incentive to discourage lawsuits. They are more concerned about their bottom line than about fair compensation for what you lost in the accident. The laws on how fault is divided among the parties is different in Kansas and Missouri. For this reason, it is important to talk to a skilled and experienced car accident attorney as soon as you can.  For example, if you are 50% or more at fault in a Kansas collision, you cannot recover from the other party at a trial. In Missouri, the rules are different. Even if you are more than 50% at fault, you can recover from the other party for their percentage of fault.  If you disagree with the findings of an insurance company’s investigation into an accident or with their assessment of your losses, you will need to prove that the other driver was to blame, not the road conditions. And, you will need to prove that your damages are more serious than the insurance company admits. A skilled and experienced personal injury attorney can help you determine the value of your injuries and whether you have a case.  How To Protect Your Rights After A Weather-Related Car Accident You must ensure from the beginning that your rights are protected. Understand that the other party’s insurance company is not on your side. They will try to offer you the lowest settlement possible which may not be enough to cover the medical expenses, lost wages, or the pain and suffering you endured as a result of a car accident. Contact Our Overland Park Car Accident Lawyers With decades of experience helping Kansas and Missouri residents who suffered severe car accident injuries, our Overland Park car accident lawyers are here to help. We focus on helping our clients recover what they have lost and will fight aggressively to ensure that they receive the compensation they deserve. If you have been injured in an accident, fill out a contact form or call us at (913) 839 2808. 

What To Do If You Get Into An Accident With A Drunk Driver

Approximately 30 people die in DUI accidents in the U.S. every day, according to the National Highway Traffic Safety Administration (NHTSA). Each year, 10,000 Americans are killed in DUI accidents, resulting in $44 billion in damages. If you are involved in a car accident with a drunk driver, the attorneys at Morefield Speicher Bachman encourage you to do the following: Call The Police And Remain At The Scene It is essential for a DUI accident case to have a police report. Even if no one is seriously injured, law enforcement officers can help document the scene and measure the BAC (Blood Alcohol Content) of the person who hit you. Obtain The Other Driver’s Information It is important to get information from the drunk driver as soon as possible in case they attempt to flee before police arrive. Gather information such as the driver’s license plate, name, address, and insurance information. Collect Evidence And Witness Statements  Take as many pictures as you can of the accident scene, your injuries, and the vehicles involved. Talk to witnesses about what they saw if you are physically able to do so. Witnesses may provide written or video accounts of what happened. It is important to gather information as soon as possible since memories deteriorate with time. This is an area where we can help. When we get involved in a case, we will take necessary witness statements and investigate the accident. We will evaluate whether to retain expert witnesses for accident reconstruction or evaluation of the motor vehicles. Seek Medical Attention Get medical attention as soon as you can leave the scene. Insurance claims require documentation of your injuries. You should still see a doctor for an examination even if you don’t have obvious injuries. Notify Your Insurance Carrier Once you report the accident to your insurance company, you will likely hear from an adjuster from the other driver’s insurance company. The drunk driver’s insurance company may offer you a small settlement, but the drunk driver’s insurance company is unlikely to cover the full extent of your medical bills, lost wages, pain, suffering, and emotional distress unless you have an attorney. Contact Our Overland Park Car Accident Lawyers With decades of experience helping Kansas City and Missouri residents who suffered severe car accident injuries, our Overland Park car accident lawyers are here to help. We have helped numerous victims of drunk drivers and their families. The level of service we provide to each and every client is one of our greatest strengths. We focus on helping our clients recover what they have lost and will fight aggressively to ensure that they receive the compensation they deserve. If you have been injured in an accident, fill out a contact form or call us at (913) 839 2808.

The Importance of Full Disclosure in Construction Real Estate Transactions

At Morefield Speicher Bachman, LLP, we have extensive construction practice. Our construction lawyers regularly work in the commercial real estate practice area to reduce the risk of fraudulent behavior and to help resolve the issues if they occur.  We regularly work with clients who find that the home or commercial property they purchased has significant problems that the seller did not disclose, or in some cases, even concealed. This happens more frequently than most buyers and sellers realize and it happens for a variety of reasons. We also work with clients who are selling real estate and who need advice to avoid issues with the buyer in the future. When selling real estate, it is extremely important that you disclose information that affects the value of the property. This must be done on the front end during negotiations for the property. Not only is this the best practice and the honorable way to sell real estate, but it can also protect you from facing a lengthy, and costly, lawsuit down the line. We frequently advise clients about disclosure issues. When buying real estate, it is extremely important that you ask questions and request information about any issues that are important to you or that may affect how you can use the property. We regularly advise buyers about their real estate purchases and can help buyers know the right questions to ask before signing on the dotted line. In Missouri and Kansas, failure to disclose material information about a property can be considered fraudulent concealment. A seller who conceals problems with a piece of property may be subject to legal liability for fraudulent concealment and can be held legally liable to the fraud victim for the damages or losses arising from the concealment. Fraudulent concealment differs from actual fraud.  Fraudulent concealment occurs when the seller conceals information he or she should reasonably know would affect the sales price of the property. Fraud occurs when the seller knowingly provides false information about the property. Most real estate contracts require the seller to reveal certain types of information about the condition of the property. If the real estate contract requires the seller to reveal information about the condition of the property, but the seller fails to do so, the seller can be liable for fraudulent concealment. If the seller makes false statements about the condition of the property, the seller can be liable for fraud.  Our construction lawyers at Morefield Speicher Bachman, LLP, regularly work with contractors and property owners involved with commercial and residential real estate transactions. Attorney Stan Bachman has extensive experience helping contractors, subcontractors, and suppliers resolve disputes. He understands and appreciates construction industry clients because he’s “been there, done that” as a Kansas City commercial general contractor and business owner for 25 years before becoming a lawyer. If disputes arise regarding your construction or business transaction, contact our legal team today. Our firm represents all participants in the industry, from contractors and subcontractors to engineers, architects, and owners. We represent clients at every stage of the construction process. Contact our legal team for help today.

What To Do When Wrongful Death Occurs

When a wrongful death occurs, it is an emotional and unsettling experience for everyone involved. When a person dies as a result of the misconduct or negligence of another person, it often leads to a wrongful death investigation and lawsuit. In a wrongful death lawsuit, the victim’s family or loved ones seek damages for the loss of life. Wrongful death damages may include compensation for lost income, loss of companionship, and loss of guidance or support. In cases where the wrongdoer’s behavior was particularly reckless or motivated by malice, there may be additional damages to punish the wrongdoer and to discourage others from behaving in that way.  Wrongful death can occur when there has been a car accident, motorcycle or truck wreck, medical malpractice, or construction accident. If you or your loved ones are experiencing a potential wrongful death investigation, our wrongful death lawyers can help. What To Do if You Have Experienced a Wrongful Death Situation After a wrongful death, it is important that you meet with a legal team as soon as possible. Do not sign any paperwork before consulting with a legal professional because you may be signing a form that is inaccurate, unfair, or may contain terms that result in legal consequences that you do not understand or expect. Regardless of how your loved one wrongfully died, a wrongful death lawyer will be able to walk you through the process. Gather any and all paperwork, information, or evidence that you are able to. You will be able to work together with your lawyer to detail the specifics of your wrongful death case to explore the best option for you and your family. Make sure your lawyer knows about the identity of any third parties who have information about what happened. As you are grieving and beginning the process of investigating a wrongful death case, it is important to refrain from communicating with the offender. Although you may be emotional, it is best to only communicate with the other party through your attorney. Your attorney will know the best way to obtain the information needed for your case without jeopardizing your interests. Who can file a Wrongful Death Lawsuit? While the statutes for wrongful death vary from one state to another, the applicable wrongful death statute will provide insight into who is legally eligible to sue for wrongful death. A wrongful death action is usually brought by the parents, spouse, or children of the victim. In some situations, brothers or sisters of the deceased can pursue a claim. Kansas recognizes common law marriage, while Missouri does not. This can lead to complicated legal questions when a non-marital partner dies. There can also be issues with children who were not formally adopted. We can help unravel those issues. Our Team is Here to Help If you have lost a loved one, we empathize with you. We have worked with many others who have faced a similar tragedy. We understand that this is an extremely difficult experience to go through, especially if you lost someone due to another person’s negligence. We are here to help you through this difficult time. Wrongful death cases are complex and emotionally draining. It would be our privilege to guide you through this difficult time. Contact us or call us for a free consultation at 913-839-2808.

Insurance Issues for Business Owners

Are you a small business owner wondering if you have an insurance claim for business interruption, for a cyber security incident, or other problems arising from the Covid-19 crisis? Or, has someone made a claim against your company and you wonder whether the insurance company is looking out for your company’s best interests? If you have read your insurance policies, you may be more confused than ever. Insurance policies are complicated, they are written in technical language, and are not easily understood without special training. When making a claim, success or failure can hinge on how the claim is presented to the insurance company. Let our team of lawyers at Morefield Speicher Bachman help you for a reasonable FIXED fee. There is no cost to find out if we can help. We have the training and experience to read and interpret your insurance policies. Let us help you navigate the insurance maze. Call us today, at (913) 839 2808 or go to msblaw.com/covid19-business support to learn more.