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Personal Injury

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

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myths and facts

Myths and Misconceptions About Personal Injuries

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

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vehicle wreck

Car Related Fatalities Continue to Rise Despite Improving Safety Standards

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

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Drinking and Driving

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

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.

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dui drunk driving car accident

What to Do if You Are Injured by a Drunk Driver

Drunk drivers threaten the safety of everyone on roads and highways. As the holiday season approaches, the chances of being involved in an alcohol-related crash increase as binge drinking occurs more frequently. Families suffer greatly when a person is hit by a drunk driver, and we see this story play out thousands of times every year. If you or a loved one suffered injuries at the hands of an intoxicated driver, you may be able to file a claim against the liable party and seek compensation for your injuries and damages. Damages from Being Hit by a Drunk Driver Those involved in drunk driving crashes may suffer life-altering injuries such as broken bones, traumatic brain injuries, spinal injuries, neck injuries, lacerations, and paralysis. These injuries come with expensive medical bills and victims will need to take time off of work to recover. Additionally, victims of drunk drivers usually have harms and losses that are far greater than the medical bills and lost wages. In some cases, we may be able to recover punitive damages from the drunk driver. An auto body shop will analyze the damage to your vehicle and give you a written estimate of what it will cost to repair it. If the repairs exceed the value of your car, the vehicle might be considered a total loss. Who Is Responsible for Paying these Damages? You could suffer long-term health issues and financial losses due to an accident with a drunk driver. A personal injury claim can help you compensate for these losses. When a driver gets behind the wheel after drinking, they are violating the law and acting negligently. Damages are the responsibility of the at-fault driver and their insurance company. Damages may also be the fault of the restaurant or bar that over-served the drunk driver. In Missouri, the law will hold a restaurant or bar responsible for damages caused by a drunk driver if they continued to serve alcohol to the driver after he or she was visibly intoxicated. Proving the bar’s knowledge of the condition of their customer requires prompt, aggressive investigative work. If you think a bar or restaurant may bear responsibility for the driver’s intoxication, contact one of our attorneys as soon as possible so that we can begin the process of locating and preserving evidence. What to Do if You Get in an Accident with a Drunk Driver A personal injury attorney can assist you when you have been injured in a drunk driving accident. Your lawyer will gather all your medical records to determine the extent of your injuries. An accident involving a drunk driver typically results in medical expenses, lost wages, future medical expenses, and property damage. Our Overland Park personal injury attorneys at Morefield Speicher Bachman are committed to obtaining maximum compensation for our clients. We guide clients through the challenging process of a car accident and maintain a close line of communication with them throughout. In the event you or a loved one has been seriously injured in a drunk driving accident, call (913) 839 2808 for a free and confidential case evaluation.

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