msb, Author at Morefield Speicher Bachman, LC

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.

Car Related Fatalities Continue to Rise Despite Improving Safety Standards

Car Accident, Personal Injury / By msb

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.

Kansas and Missouri are No Exceptions to the Nationwide Problem of Drinking and Driving

Personal Injury / By msb

Driving under the influence of alcohol is one of the most selfish and negligent things a driver can do. An individual who has a blood alcohol concentration of .08 or higher is considered legally intoxicated. According to statistics provided by MADD (Mothers Against Drunk Driving), 61% of the defendants involved in fatal crashes in 2020 had BACs above .15. Don’t hesitate to contact an Overland Park drunk driving accident lawyer if you are involved in a crash caused by an impaired driver. Steps to Take After a Drunk Driving Accident You may already know what to do following a car accident. It is important to know how to handle the situation if you believe a drunk driver hit you: Report the Drunk Driving Accident to the Police. It is important for your case that the police evaluate the other driver and take samples of breath, blood, or urine as appropriate. Obtain a copy of the police report if the accident has already been reported. Share this with your lawyer. Contact your insurance company. It is still necessary to contact the insurance company even if the drunk driver was clearly at fault. The best practice is to have your lawyer handle communications with the insurance carriers, but if you are contacted by the carrier, it is best to stick to the basics of what happened. You should avoid making statements about your medical condition before you have been evaluated by a doctor. See a Doctor. Consult a doctor as soon as possible for treatment. During the doctor’s appointment, describe all symptoms clearly, and tell him or her the injuries occurred in a collision. Consult an Overland Park drunk driving accident lawyer promptly. The attorney will gather any available evidence before it disappears, and provide expert advice moving forward. Document costs and losses. It is a good idea to keep all the paperwork received (such as medical bills, insurance papers, and employment records), as well as create notes to your lawyer about how the injuries affect your everyday life. Protect Your Rights with Legal Representation You are entitled to compensation for your losses when you are the victim of a drunk driving accident caused by someone else’s negligence, carelessness or intoxication. A person who is negligent on the road and acts in a dangerous manner can be held responsible for all of the accident-related losses. The attorneys at Morefield Speicher Bachman, LC understand the complexities of the law. We have recovered millions of dollars for families who have suffered due to the carelessness of drunk drivers. In the event that you have been seriously injured or suffered significant property damage through an accident caused by a drunk driver, it is crucial to understand your legal rights and options. Please call (913) 839-2808, or email MSB and let us help you through this difficult time.

Business Contracts: Where to Start and What to Do

Business Law / By msb

Contracts can be oral or in writing. Good business practice is to always reduce your agreement to writing. Regardless whether oral or written, a contract is an agreement between two parties that binds them to carry out (or not carry out) certain or specific actions. The requirements of a contract are an offer, an acceptance of that offer, and some type of “consideration” such as payment in exchange for services provided. A written contract should be the manifestation of the parties’ meeting of minds over those basic elements. A written contract is easier to enforce than a verbal contract, especially when it is well written and clearly outlines the rights and responsibilities of the parties. Written contracts also help avoid future disputes that arise from confusion or disagreement about what may have been verbally agreed to. Strong, healthy, and mutually beneficial business relationships are often based on written contracts. In a contract, the expectations between the parties (the people or businesses signing the contract) are defined, and agreements are clarified, so all parties involved know what to expect from the other party, and what is expected of them. A solid contract that details your expectations and explains your rights and remedies is critical to protecting your interests. Contracts Should Be Specific, Not General Informal or short summary agreements may feel easier to maintain, or feel like an expression of trust and honor. However, without clearly detailing the agreed terms, an informal or short agreement may place you at unnecessary risk and threaten to destroy business relationships. Contracts that are first negotiated, then well-drafted in detail, can clear up discrepancies and prevent misunderstandings that lead to wasted time, money, and resources in the future. If a party is uninformed or unsure of what to expect in a business relationship, it can lead to controversy and lawsuits. It is imperative to make it very clear in the contract the expectations of the parties. Be careful not to use vague or open-ended terminology. By being specific, many conflicts can be avoided. In order to be successful, all parties must be on the same page! Could Uniform Contracts Be a Good Fit for Your Organization? It can be a great idea to have a standardized form contract, if you provide the same goods and services to the same kind of clients on a regular basis. When you need to develop a standard form contract that best meets your needs, it is always advisable to seek the help of a qualified business lawyer. Business law attorneys will help ensure the standardized contract is well written and includes all the protections you and your business need. Contract Termination Details: Why Are They Important? Before a contract is signed, it should be carefully read and renegotiated if any terms seem difficult to meet. Business law attorneys can assist clients with this process. If the terms do not satisfy all parties, the contract can be abandoned and the parties can walk away with no agreement. Once the contract is signed, however, it can only be terminated in certain circumstances. Defining in the agreement when a contract can be terminated can be a valuable tool to prevent future disputes. Terminating a contract refers to ending it before the parties have completely fulfilled all terms. A termination may be allowed when permitted by certain laws or the terms of the contract. These reasons sometimes include the following: impossibility of performance or execution, mutual agreement, or breach (violation) of certain terms of the contract. Sometimes, this means a party may be released from finishing their obligations under the contract. But sometimes, terminating a contract without good cause or legal justification can lead to an expensive lawsuit. As a result, good legal advice should be sought when considering terminating a contract. How Should You Go About Building a Contract? When drafting a contract, it is best to seek the legal assistance of an experienced attorney. Our business law attorneys at Morefield Speicher Bachman understand the laws governing contracts and best-practices procedures, which allows us to determine the language and terms that will best protect you and your business. Businesses frequently encounter disputes and other issues over contracts. It doesn’t mean that your business can’t continue operations. Our business law attorneys at Morefield Speicher Bachman can help you resolve business disputes, and litigate claims when necessary. As a business owner or leader, you can rely on us to help you successfully navigate every step of the dispute resolution process while you stay focused on operations. Call (913) 839-2808 today to speak with one of our business law and litigation attorneys.

Pursuing Compensation Through the Missouri Tort Victims’ Compensation Fund

Personal Injury / By msb

When you have been injured by the negligence of a third party, the last thing you want to learn is that they lack insurance or other assets to cover the damages. The same is true if they have insurance, but the policy cap is substantially less than what you deserve for medical costs, lost wages and other harms and losses. If the at-fault party is unable to provide you with just compensation, what can you do to take care of yourself and your family? The Missouri’s Tort Victims’ Compensation Fund may be able to offer you some relief in cases like these. What is the Missouri Tort Victims’ Compensation Fund? People who were injured by the negligence of another person but are undercompensated due to lack of insurance, inadequate insurance, bankruptcy, or other reasons may be eligible for compensation through the Tort Victims’ Compensation Fund. The Fund can provide a great opportunity for victims who would otherwise not be able to recover financially due to the negligence of another. How Does the Tort Victims Compensation Fund Work? The Missouri Tort Victims’ Compensation Fund is funded through punitive damages awarded in civil claims across the state. Suppose a drunk driver causes a fatal accident and his family is awarded $100,000 in punitive damages as punishment for his misconduct. Half of the punitive damages awarded to the family goes into the Missouri Tort Victims’ Compensation Fund. Fund payouts are calculated based on the Fund’s total financial value and the number of claims it is currently facing. Currently, the Fund will pay out a maximum of $300,000.00 per case. Am I Eligible to File a Tort Victims Compensation Claim? The injured person must reside in Missouri or have experienced an accident there in order to file a claim with the Tort Victims’ Compensation Fund. If the injured person is deceased, a surviving spouse or specific family member can file a claim. Additionally, one of the following requirements must be met: Despite winning a personal injury or wrongful death lawsuit, the injured person was unable to collect their full monetary award. Injured parties were forced to settle for full policies limits of liability insurance, which did not cover the full extent of damages. Following the final judgment or appeal, claims must be filed within two to five years. It is important to file the claim as soon as possible after the judgment and/or appeal are final. A personal injury attorney can help you determine if you are still eligible. How Can an Attorney Help Me File a Claim? When you have been injured by someone’s negligence, but are concerned the at-fault party will not be able to repay you for the damages they caused, talk to a lawyer to find out if you qualify for the Tort Victims’ Compensation Fund. A lawyer can help you gather and submit the necessary documents and information about the injury, including information about your lost income, your medical records and bills, your other harms and losses, and the amounts available from the defendant or defendants to compensate you. Having an attorney handle your claim will save you time and stress and ensure you receive the maximum compensation available from the Tort Victims’ Compensation Fund. Our Overland Park personal injury attorneys at Morefield Speicher Bachman are committed to obtaining maximum compensation for our clients. Our law office knows how to help clients increase their recovery by exploring their options and filing a claim against the Fund. Contact us today at (913) 839 2808 to schedule a free consultation.

Pros and Cons of Zoom Mediation

Mediation and Arbitration / By msb

During the Coronavirus pandemic, many people turned to Zoom and other virtual platforms for mediations. Zoom and other virtual platforms provided a social distancing alternative to traditional face-to-face mediations. When considering whether or not to mediate using Zoom or another virtual platform, there are a few pros and cons to consider. Advantages of Zoom/Virtual Mediation Lower Cost Virtual mediation can be substantially less expensive than in-person. The biggest reason for this is the lack of travel time and expenses for the mediator and parties. What might have involved a day of travel or even an overnight hotel stay for a face-to-face mediation is not necessary when mediating virtually. This reduces costs for parties, their attorneys, and the mediator because they will not need to travel to attend the mediation session. This lower cost can also make mediation financially feasible in smaller cases. Eliminates Geographical Barriers Zoom mediations offer much more flexibility for parties spread across geographical locations. In many cases, time devoted to the mediation process can be reduced substantially. With virtual mediation, scheduling becomes easier. Zoom mediation can eliminate geographical barriers and physical barriers for those who are severely disabled, in poor health, or who reside a great distance from the mediator. Security and Privacy Virtual platforms for mediation now have security and privacy capabilities such as Zoom’s waiting room feature which gives the mediator the ability to have control over when the parties join the mediation. Zoom allows the parties to enable end-to-end encryption which secures the participants’ communications with cryptographic keys that are only known to the devices of those participants. Keeping the meeting’s private keys secure ensures that unwanted third parties will be able to access the meeting. However, enabling end-to-end encryption can disable certain Zoom features that are useful in mediation such as breakout rooms. The parties and the mediator have the ability to select the security and convenience features that work best for their particular mediation. Breakout rooms in Zoom allow the mediator to meet privately with each party and their attorney. The mediator can put each party in a private breakout room and have independent discussions in the same way that the mediator would use separate conference rooms in an office. Disadvantages of Zoom/Virtual Mediation While the following disadvantages of Zoom mediation may not be present in every situation, there are some potential downsides to conducting mediation virtually. Less Non-Verbal Communication Meeting with people on a screen has some major differences from meeting face-to-face. Virtual mediation may deprive parties of the opportunity to read non-verbal cues and body language. When the mediator has never met the parties or lawyers in person, they must work differently to establish the same rapport. Having video mode on is certainly more beneficial than strictly audio calls, but it still may be difficult to observe eye contact, body language, and other forms of non-verbal communication. People who are unfamiliar with Zoom or other such platforms might feel that they cannot establish the same level of connection with the mediator or the other side, which may hurt the chances for a successful mediation. While remote mediation does change some aspects of human interaction, most people do find that feelings of discomfort dissipate with time and genuine connections are still attainable. We have found that Zoom mediations can be very effective. Less Commitment The lower cost and greater convenience of virtual mediation is one of its greatest advantages. But, this advantage is also one of the biggest disadvantages of virtual mediation. Because virtual mediation is less expensive and more convenient than in-person mediation, the parties can be less committed to the mediation process in some cases. There is a legitimate concern that one or all parties will not take the process as seriously as if they had to dedicate travel time and expenses. When a party sends a representative across town, or books a flight on an airplane, they’re more likely to be serious about getting something accomplished. For mediation to work, the parties must be committed to the process. Although this disadvantage is real, we have found that the mediator and the parties can work together in advance of the mediation to make sure everyone is committed. When the parties are mediating by Zoom, it is important for the parties and the mediator to frankly discuss the issue of commitment. Technical Issues Technical issues can cause distractions and impact the success of the mediation. If a party’s internet connection is not strong, or if their laptop or computer is malfunctioning, it can interrupt the flow of the mediation and this can impact the parties’ ability to get the most out of the mediation. It is the mediator’s responsibility to work with the parties in advance to be sure that the parties have the technology to participate in the mediation in a meaningful way. In Conclusion… Virtual mediation on platforms like Zoom developed rapidly out of necessity, but it is here to stay. Although there can be drawbacks to virtual mediation, there is no reason that virtual mediations cannot be successful if the parties plan for and consider the advantages and limitations of the technology. At Morefield Speicher Bachman, LC, Rick Morefield is prepared to serve as a mediator in person or over Zoom. He has had experience and success with both virtual and in-person mediations and is comfortable assisting parties who have never mediated over Zoom. All of the lawyers at Morefield Speicher Bachman, LC are prepared to mediate for their clients in both virtual and in-person settings. Your preferences are important to us and we will continue to offer to each and every one of our clients the opportunity to meet with us–on your terms. We are here for you. Contact us today at (913) 839 2808 to discuss our mediation services.

What To Do If Injured In An Uber Car Accident

Personal Injury / By msb

Uber is the most popular rideshare company in the country, with over 25% of Americans using Uber at least once per month. The number of ride-sharing companies has increased dramatically over the past few years, primarily because most people find them more efficient and convenient than traditional taxis. Through an app installed on their phones, riders can easily order, track, and pay for their rides. Sadly, as the popularity of Uber has grown, so has the incidence of car accidents. Rideshare companies such as Uber and Lyft are now required to carry liability insurance, but there are still gray areas when it comes to determining liability in an Uber-related car accident. The following information may be helpful to you if you have recently been injured in a rideshare accident. Who Can Be Held Liable in an Uber Car Accident? In the event of an Uber accident, one or more parties may be liable for your injuries, including, but not limited to: Your rideshare driver Other drivers Public transportation drivers Commercial truck drivers Pedestrians and cyclists Manufacturing companies What Should I Do if I’m a Passenger Involved in an Uber Accident? You may not know who is responsible for a ridesharing accident or what your rights are under the law if you were injured. After an accident, you may be faced with painful injuries and costly medical bills. You may have to miss work and lose wages. If you have been injured in a ridesharing accident, our injury lawyers at Morefield Speicher Bachman, LC can help you seek legal action and financial compensation. In the time immediately after an accident, follow these steps: Take Photographs then Locate a Safe Place to Park the Car If possible, take photos of the vehicles as they came to a stop immediately after the collision. This will help document how the accident occurred. Then, if possible, have your Uber driver move the vehicle away from traffic to a safe location. To alert moving traffic, they should pull off to the side of the road and turn on their hazard lights. Check on the Safety of Everyone in the Vehicle You should check yourself and others for injuries requiring immediate medical attention when it is safe to do so. You should report any injuries to 911 when you call so they can alert the necessary medical response companies. If anybody appears to have life threatening physical injuries, do not attempt to move them unless absolutely necessary. Call 911 and File a Police Report In the event of an Uber accident, call 911 right away. Remain at the scene until police arrive and insist on filing a police report. Thoroughly answer their questions about the accident and how it happened. Collect Information from Everyone Involved Ask for the name, license number, and insurance information of your Uber driver as well as any other parties involved in the accident. Take pictures of the accident scene, damaged vehicles, and any visible injuries you suffered. Write down the time and location of the car accident and get written or video-recorded statements from witnesses. Go to the Emergency Room or See a Physician It’s important not to underestimate your injuries following an accident. Often the adrenaline and stress of a collision can mask pain, and sometimes symptoms of injuries don’t appear until hours or days later. You should seek medical evaluation immediately after you are able to leave the scene. Go to the ER if your injuries are severe or follow-up with your physician the next day if you aren’t sure of the extent of your injuries. Follow your doctor’s instructions to prevent further injury and get copies of your medical reports to use in your insurance claim. Consult an Experienced Car Accident Lawyer In order to obtain financial compensation for your damages and injuries, it is crucial to determine who is at fault for your accident. To determine the cause of a car accident, identify the circumstances leading up to the accident, and collect evidence to prove your side of the story, you can trust our experienced accident lawyers at Morefield Speicher Bachman, LC. Our Uber Car Accident Lawyers are Here for You Our Overland Park car accident attorneys are ready to represent you if you have been injured in an Uber accident. It can be confusing to figure out who is responsible for your crash and who will pay your damages. We focus on helping our clients recover what they have lost, and we will fight aggressively to ensure that clients receive the compensation they deserve. Contact our team at Morefield Speicher Bachman, LC at (913) 839 2808 for a free and completely confidential case evaluation.

Do You Have an Attractive Nuisance on Your Construction Site?

Construction Law / By msb

Attractive nuisances are conditions on a property that entice trespassers to enter. Children are of particular concern when it comes to members of the public entering unsafe places and getting injured. Cases can arise from children trespassing and drowning in public swimming pools, or climbing over fences and getting injured by horses. When it comes to properties under construction, an active or vacant site can also contain attractive nuisances that draw children and pose a threat to their safety. If children trespass onsite due to a lack of safety precautions, the general contractor on the site can be held liable for any injuries they sustain. Attractive Nuisances on Construction Sites Children are in danger at construction sites because they can climb on unstable surfaces, play on heavy equipment, and fall into man-made ditches. Contractors should do everything in their power to prevent young trespassers from entering their property. If you suspect children or any other member of the public have any reason to trespass onto your construction site, treat the problem with the utmost seriousness. Inaction creates a serious risk and liability for your company if trespassers enter and get hurt. Negligence in Attractive Nuisance Cases Negligence can be determined as the cause of attractive nuisance cases when a contractor knew that dangerous conditions existed; but did nothing to prevent an accident. It is less likely that you will be found negligent if you take all necessary measures to prevent injuries on the job site. When is a Contractor Liable for an Attractive Nuisance Injury? The presence of certain conditions is necessary to hold a general contractor responsible for the injuries of a child. The contractor knew that a dangerous condition existed on the premises, and that there was a possibility children could trespass and get hurt. The child was too young to realize that the condition was dangerous. In comparison to the risk the child faced, the removal of the dangerous condition would have been a small burden. The contractor knew, or should have known, that the dangerous condition would pose a significant risk to a child. The contractor failed to remove the dangerous condition or otherwise protect the child. Commercial General Liability (CGL) Policy Contractors are generally covered by the CGL policy in case of bodily injury or property damage. The CGL policy will provide some liability coverage if an attractive nuisance in the construction area injures a child or other member of the public. Maintaining safe conditions on a construction site should be the top priority. While a CGL policy can provide coverage for injuries due to an attractive nuisance, the CGL policy should be viewed as a safety net against claims, not as the main solution to problems of attractive nuisances. Contractors still need to be responsible for job site safety of both employees and the public. This will have the benefit of longer-term, lower insurance costs as well if they manage their insurance risks and exposures. How Can You Make Your Construction Site Safe? In order to protect yourself and your company against nuisance claims, you should install signage around dangerous conditions warning trespassers of their risks. If possible, surround the work site with fencing. At the end of each workday, turn off machines, clear out debris, and remove anything else that poses a threat to safety. Communicate clearly with subcontractors and suppliers on safe work practices. Contractors must also ensure that the property is maintained and secure for all visitors so that they remain safe. Examples include: Keeping walkways free of cracks and gaps to prevent slip and falls. Securing equipment, chemicals, and tools. Installing wireless electronic alarms or security doors and screens. Assuring the safety of employees while they perform work duties. Installing flood lights in areas with poor visibility. Having rescue equipment ready for emergencies. Contact our Construction Law Attorneys for Guidance Get in touch with our construction law attorneys at Morefield Speicher Bachman, LC today if you are being sued in an attractive nuisance claim. Our defense team can provide a number of options for you in court. You should act promptly to put yourself and your construction company in a good position. Contact our team at (913) 839 2808 to set up a time to speak with an attorney.

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

Personal Injury / By msb

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.

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

Personal Injury / By msb

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.

msb

Myths and Misconceptions About Personal Injuries

Car Related Fatalities Continue to Rise Despite Improving Safety Standards

Kansas and Missouri are No Exceptions to the Nationwide Problem of Drinking and Driving

Business Contracts: Where to Start and What to Do

Pursuing Compensation Through the Missouri Tort Victims’ Compensation Fund

Pros and Cons of Zoom Mediation

What To Do If Injured In An Uber Car Accident

Do You Have an Attractive Nuisance on Your Construction Site?

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

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

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