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Personal Injury

Hurt in an accident and have an incorrect police report? Our Overland Park personal injury attorneys are here to help.

Know Your Rights: How to Handle an Inaccurate Police Report

If you or a loved one has been in an accident, it can be an overwhelming experience. While the police report may seem like the most reliable source of information, there are times when a police officer gets it wrong. From faulting you incorrectly to saying you were “not injured” when you were, here’s what those injured in an accident should consider if the police report isn’t accurate after an accident. If you have been injured in an accident and have to deal with an inaccurate police report, contact our personal injury attorneys today. Common Mistakes in Reports When someone is injured in an accident, the police report often contains important evidence. It is used by insurance companies and lawyers to either validate or discredit the merit of your claims. Unfortunately, it’s not uncommon for the report to be wrong in key areas. Two particularly worrying examples involve: The police have wrongfully held you accountable in their report. Although this is concerning, an experienced attorney can speak with other witnesses to verify your account or even arrange for an accident reconstruction specialist to demonstrate that the crash was not your fault. The police report may suggest that you weren’t hurt in the accident. Don’t be discouraged—this isn’t necessarily detrimental to your case. Even if the police didn’t notice any injuries, they are not medical professionals. As long as your doctor supports your claim of being hurt in the incident, the police report won’t prevent you from proving your injuries in court. How People Can Protect Themselves What’s in the police report matters, but it is far from being the be-all and end-all when it comes to your case. When investigating an accident, the police report is only one of many sources of information. To ensure accuracy and develop strong proof of the incident, you can take additional steps such as: Seek medical attention immediately. It is common for accident victims to hurt much worse several hours after the incident or even a day later. If you have any concerns that you have suffered an injury in the accident, seek immediate medical attention. This helps prevent the insurance company from arguing that your injuries are unrelated to the accident. Cooperate with the police, but don’t admit fault. Many accident victims don’t want to get the other driver in trouble, so they minimize the conduct of the other driver. Don’t do that. It is important to be accurate in your police report. You do not want to be blamed for the errors of the other driver.  Request a copy of the report. You can contact the station either through its website or by phone. There is typically a nominal fee for this service; however, it’s worth it to thoroughly inspect the document and make sure there are no inaccuracies. Reach out to a lawyer who has successfully helped other accident victims. If you’re concerned by any inconsistencies or declarations in the report, consulting with an experienced attorney can save you hassle and time. Through discussing your worries with an attorney, you’ll be able to find out if these issues could lead to difficulties and precisely how to make sure they don’t negatively affect your claim for damages. We Are Here For You If you have been in an automobile collision and the official police report is wrong, it’s important to have a knowledgeable lawyer on your side. At MSB Law, our lawyers offer free, private assessments to make sure you’re taking the proper steps with your injury case. Get in touch by calling us at (913) 839-2808.

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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 MSB Law, 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 MSB Law today.

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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 MSB Law, 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.

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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.

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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 MSB Law. Please do not hesitate to reach out to our expert personal injury attorneys at (913) 839-2808.

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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.

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