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Personal Injury

How to Stay Safe Driving Around Tractor Trailers

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

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

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

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

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

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

If you’ve been in a car crash and are thinking about whether you should bring a lawsuit, your first question is probably, how much money can I recover? That question can be tricky. In large part, it depends on the facts and circumstances surrounding your case. What we can tell you, however, is the types of damages available and any limits on those damages. This month we’ll cover the laws surrounding this issue in Kansas. Stay tuned next month to learn about the laws in Missouri. Economic Damages There are two types of damages the court looks at: economic damages and non-economic damages. Economic damages include: Past and future lost wages; Cost of repair or replacement of your vehicle; Past and future medical expenses; and Other out of pocket expenses. There is currently no cap on the amount of economic damages that you can recover. You will, however, have to be able to prove the amount of those damages in court. Because of this, you’ll want to be sure to keep any receipts you receive. Non-Economic Damages The other type of damages is non-economic damages. Non-economic damages are harder to measure and are not necessarily things you would obtain receipts for or spend money out of your pocket. Examples of non-economic damages include: Pain and suffering; Loss of enjoyment of life; Emotional distress; and Disability or disfigurement. Unlike economic damages, Kansas law limits the amount of money you can recover for non-economic damages. The limit is determined by statute and depends in large part on when the car crash occurred. Currently, the state law caps this type of damages to $300,000 for crashes occurring between July 1, 2014, and July 1, 2018; $325,000 for crashes occurring between July 1, 2018, and July 1, 2022; and $350,000 for crashes occurring after July 1, 2022. Limits Based on Modified Comparative Fault One other thing to be aware of that could affect your compensation is Kansas’s law relating to modified comparative fault. The court will look at the percentage each party was at fault and reduce their damages by that amount. For example, if you were 10% at fault in the car crash, the court will reduce your award by 10% or, in other words, only award you 90% of your damages. In addition, if the court decides a driver was more than 50% at fault, that driver cannot recover any damages. Still not sure what you could recover if you bring a lawsuit? We’re here to walk you through the process, answer your questions and fight for the compensation you deserve.

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

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

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Is it Whiplash or Something Else?

Have you been suffering from chronic pain and been told “It’s only whiplash.”? Have you been told “You just need to get over it.”? If so, be sure you visit a doctor that knows how to fully evaluate acute spinal and soft tissue injuries to get a complete diagnosis. Your pain may be from a more serious condition called “ligament laxity”, and leaving your injury undiagnosed or misdiagnosed will only impede your recovery. Our spine consists of joints (vertebrae), and ligaments that hold those joints in their proper place and allow them to function as intended. While the ligaments are capable of withstanding a great amount of movement and force, sometimes the force of a car, truck or motorcycle accident is just too much for them. When your spinal ligaments experience too much force, those ligaments can become overstretched and injured. It’s similar to an overstretched rubber-band that loses part of its elasticity. This is called ligament laxity. Symptoms can include neck pain, numbness or tingling in the neck, arms and hands, dizziness, vertigo, nausea, and many other symptoms not traditionally associated with a neck injury. You may also feel sharp shooting pains. Ligament laxity often masquerades at first as minor whiplash, but is much more severe. Suffering from whiplash can be painful but will typically improve in a few months and allow you to fully recover. However, with ligament laxity, you may not be able to fully recover and likely cannot improve without an accurate diagnosis and specific treatment. The severity of the impact of ligament laxity on your health ranges from chronic pain interfering with daily activities to, in the most serious cases, spinal cord compression and possible paralysis. Ligament Laxity is a permanent injury. While the condition may never fully “go away”, treatment can help improve the condition, manage your pain, and help you return to many of your daily activities. Treatment can vary from patient to patient but some treatments can include natural therapy to strengthen the muscles around the ligaments, prolotherapy injections, and surgical fusion. Because ligament laxity is a permanent condition, your treatment may be very different from how a doctor would treat whiplash. This is why it’s important to get the right diagnosis as early as possible. The sooner you diagnose the problem, the more likely a doctor will be able to treat you correctly to minimize or avoid chronic pain. Just as getting a proper diagnosis early on is important for your health and recovery, it is also crucial to your personal injury claim. As you might imagine, the future cost of dealing with a permanent injury could be much more expensive than treatment for minor whiplash. If you settle or close your case believing you have whiplash when your injuries are actually more severe, you may be missing out on money that you could use to pay for your future needs. We’re experienced in handling cases involving ligament laxity. Getting a correct diagnosis as soon after the injury as possible is always important. If you have questions about this topic or your condition, please give us a call.

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