Personal Injury

Delivery Truck Accidents During The Holidays — What You Need To Know

December 13, 2021 No Comments

During the holiday season, drivers face many dangers. Even the most experienced drivers are challenged by winter conditions like poor visibility and icy roads. But there is another danger that presents itself this time of year, and you’ve probably noticed it right outside your window. The holidays are a time of hustle and bustle, especially for delivery and commercial trucks. Right this moment there is a parade of UPS, Amazon, FedEx, USPS, and other commercial trucks out delivering gifts and necessities during the holiday rush. During this holiday season, it is estimated that 99% of consumers will do some of their shopping online while over 50% will do most of it online. This will translate to more than a billion packages delivered this holiday season. Under the pressure of meeting deadlines and trying to empty their trucks, many delivery workers will drive too fast or become drowsy and inattentive. The combination of these factors can increase the chance of truck accidents, which are very often fatal. Fortunately, there are several things that you can do to drive safely this holiday season. Stay Alert Whenever you are driving, keep an eye on what is ahead and behind you. Don’t let phones, electronic devices, or passengers distract you while driving. Don’t assume neighborhoods are safe zones. Although speed limits may be lower in residential areas, many drivers pay less attention when driving in neighborhoods, especially those they live and drive in on a regular basis. Studies reported by the National Highway Traffic Safety Administration (NHTSA) showed that approximately 52% of all car accidents occur within a five-mile radius of home. Give Trucks Plenty of Space Delivery trucks often make quick, unexpected stops. Keep a safe distance from the truck to avoid a crash. Make sure to give plenty of space to large semis, box trucks, or delivery trucks. Due to their size, large trucks have longer stopping distances and are more difficult to maneuver, so allowing them room reduces the risk of an accident. Avoid Blind Spots When you approach commercial and delivery trucks, do your best to stay out of their blind spots. Federal Motor Carrier Safety Administration (FMCSA) reports that commercial vehicles have blind spots directly to their left, right, front, and back. As a rule of thumb, if you cannot see the driver in the mirror, he or she cannot see you either. Use Caution When Passing Before passing a truck that has stopped to make a delivery, make sure the driver is out of your way before proceeding. Do not pass while going around a corner, or up and down a hill. Wait until you see the truck in your rearview mirror before merging back into your lane. What to Do After An Accident With A Delivery Truck? This holiday season, you cannot totally eliminate your risk of being involved in a commercial truck accident. Here’s what you should do to protect your rights in the event of a collision: Seek Safety And Attend To Any Injuries The first thing you should do after a truck accident is to seek safety and take note of any injuries you have sustained. If you are physically able, it is imperative that you contact the police and gather as much information as possible about the truck accident. Obtain Truck Driver Information and Registration As soon as you are able to, you must get the contact, registration and insurance information of the other driver. Gather as many details as you can about the truck, the trucking company, and the driver. A police officer or a passenger in your vehicle can gather information on your behalf if you are physically incapable. However, it is best not to rely solely on a police report as it may not provide all the details you will need to prove your claim. Preserve The Evidence Make sure statements of any eyewitnesses are taken as soon as possible. We can help with this. We know what to ask and how to ask the questions necessary to find out what happened. It is better to have a third party, such as your lawyer, take statements to avoid confrontations with the other driver. Research conducted by both legal scholars and psychologists suggests that human memory can be very flawed. As time passes, stories can lose important details or become distorted by bias. Getting statements on video is another great way to record the events for future reference. Take pictures of the vehicles that were involved, the accident scene, your injuries, and anything else that may be relevant to your claim. See A Doctor Although you may think you have not been injured or that your injury is only minor, it is still crucial to visit a medical professional. Often symptoms do not appear until hours or days later. You may also overlook or underestimate your injuries due to the adrenaline and stress of a collision. Documenting the injuries you sustained is important when it comes to making an insurance claim. Contact An Attorney Immediately Do not accept any offers from the truck company or the insurance company without consulting an attorney first. The insurance company is not your friend, and neither is the truck driver’s employer. The settlement they offer may not be sufficient to compensate you for your injuries, medical care, property damage, and lost wages. Around the holiday season, it is also a common practice for large retailers to rent out moving trucks to supplement their delivery fleet. Ever try to move around the holidays? It very quickly becomes impossible to find moving truck availability because so many are being rented out to deliver packages. This adds another level of liability in determining who is responsible for compensating you for damages to your health or vehicle. Our Overland Park Truck Accident Lawyers Can Help You with Your Truck Accident With decades of experience helping Kansas City and Missouri residents who suffered severe truck accident injuries, our Overland Park truck accident lawyers are here to help. The level

Driving Tips for College Students

September 29, 2021 No Comments

Saying goodbye to your college-aged child as they leave for their college campus in their car filled with all of their belongings is something that many of us are doing right now. Last year, many of us weren’t able to do this, as the pandemic forced most college students to spend a year of their college experience learning remotely. This is one of the riskiest times for your child According to national statistics, over 20% of fatal car accidents each year are by drivers aged 18 to 22, and over 500,000 received serious injuries in motor vehicle crashes. Why are college students more prone to car accidents than other age groups? There are a few factors that put undergrads at a higher danger for car accident crashes. Fortunately, knowing the risks can help these drivers avoid some of the common pitfalls. 1. Moving to a New City Many undergraduates move out of town to new cities and states for school. Not only are they far away from your supervision and guidance, but they are unfamiliar with the street markings, traffic patterns, different signage, and common roadside hazards. Navigating through a new city is difficult for drivers of any age, but even more so to a younger age group who rely heavily on directions from iPhones and other digital devices. Safety Advice: Make sure that your young driver adds extra time to allow themselves to familiarize themselves with their new city or town. Advise them to drive around when they are not in a rush to better familiarize themselves with traffic flow, commuting times, and best routes to common places that they are going to drive to regularly, such as local restaurants, training fields, parks, and laundromats. Advise them to review GPS and smartphone maps before starting their drive. 2. Lack of Extensive Driving Experience Naturally, younger drivers have less experience and they are at a higher risk of being involved in accidents – even at home. When college students add the complication of living in a new city, they find themselves driving in more complex driving situations like multi-lane interstates, one-way systems, or multiple lanes merging simultaneously. They do not know the roads and they do not have the experience to know how to drive defensively and reduce the risk of an accident. Safety Advice: Practice makes perfect. As hard as it may be, find the opportunity to co-pilot with your college-age driver and introduce them to different types of driving conditions before sending them off to drive alone in an unfamiliar and likely urban setting. The more they practice driving, the better drivers they will become. 3. Exposure to a Party Environment and Campus Unfortunately, college campuses across the country are renowned for their party atmosphere. It is critically important that parents and other key influencers reinforce the importance of not drinking and driving. Nationwide, the highest percentage of drunk drivers that are cited are in the 21-24 age group despite the many commercials and other informative material flooding the airwaves during back-to-school months. Safety Advice: Reinforce the importance of safely using ride-sharing applications, such as Uber or Lyft, as well as having a designated driver rule. Many college campuses offer bus or shuttle transportation, and it is important that your child knows their options. Many parents have an unconditional promise – call me anytime 24/7 and I will help you find a way to get home. 4. Call Our Overland Park Car Accident Lawyers One of the best safety features for your peace of mind is to make sure that your college student knows who to call in the case of an accident. No doubt the first call will be to you, but the second call while still at the scene of the accident should be to a trusted car accident lawyer. At Morefield Speicher Bachman, LC, we have decades serving Kansas City and Missouri car accident victims with their needs. We take pride in our ability to be able to work with our clients to help them navigate a difficult situation. We take pride in our personalized service to each and every one of our clients. Our focus is on helping our clients get back what they lost and we will fight aggressively to ensure that they receive the compensation they deserve. If you have been injured in an accident, fill out a contact form or call us at (913) 839-2808. The earlier we get involved, the better the likely outcome of your case.

What To Do When Wrongful Death Occurs

August 20, 2021 No Comments

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

Defensive Driving May Not Be Enough

June 16, 2021 No Comments

If you have been in a Missouri or Kansas car accident, you are likely injured, upset, and unsure of what to do next. You never expect to be involved in a car accident and it is overwhelming when you are involved in an accident. Even if you are a safe and cautious driver, you cannot control how other drivers on the road are going to behave. It is important to drive defensively and always be aware of your surroundings. This will help to prevent an accident, or at least reduce the damage if an accident occurs. Many car accidents that occur can be prevented if drivers focus on the task of driving and remove distractions. But, even if you drive as safely as possible, other drivers may not. What to Do After A Car Accident Regardless of how safe and defensively you may be driving, accidents still happen. Immediately after a car accident, you may be scared and unsure of what to do next. You are likely not thinking about the steps that you need to take in order to safely and efficiently assess the situation and gather information that you need. Below are some necessary steps to take after you have been involved in an accident: Call law enforcement – even if the other driver doesn’t want to Exchange contact information with all parties involved Get the insurance information of all parties involved Take several pictures of the accident scene and vehicles involved Document the time, place, and surrounding circumstances (What was the weather? What were the road conditions?) Get the names and contact information of any witnesses Be sure to follow up and get checked medically Contact your motor vehicle accident attorney to pursue next steps Once you have contacted your car accident attorney, they will be able to gather information and advise you on the proper next steps. The benefit of having a car accident attorney working with you after an accident is that they will be able to ensure that you will receive the proper compensation that you deserve and they can help you avoid mistakes that could reduce the value of your claim. What Kind of Compensation Can I Receive? Being in a car wreck can be catastrophic physically, financially and emotionally. You may have sky high medical bills, a damaged or totaled car, and you may be unable to work and provide for your family. The stress and mental anguish of your circumstances can be significant. It is important that you understand that if your injuries were caused by the negligence of another party, you are entitled to compensation for your losses. Medical Expenses: You could be entitled to reimbursement of your present and future medical bills. Lost Income: If you are unable to work because of your injuries, you could be entitled to compensation for your missed time at work. Pain and Suffering: If you have suffered pain, suffering or other losses as a result of your injuries, you could be entitled to compensation for those harms and losses. Punitive Damages: If the other driver was intoxicated or reckless, you may be entitled to additional money in the form of punitive damages. We Are Here to Help You The experienced lawyers at Morefield, Speicher, Bachman Law have been helping car wreck victims for decades. They have collected millions of dollars in compensation for their clients who have been victims of another’s negligence. Our legal team cares about our clients and works hard to ensure that they are properly cared for. Contact us for help.

An Increased Demand in Delivery Truck Drivers Leads to Safety Concerns

October 13, 2020 No Comments

As you may have experienced, COVID-19 has put increased pressure on the delivery service industry. With most of the population following stay at home orders or minimizing unnecessary travel, people have increased their online ordering and delivery of food and products. Many businesses are experiencing delivery delays due to this COVID-related demand and have to explore how to improve delivery timing. Some businesses that did not offer a delivery service before the coronavirus have been forced to add a delivery option in an effort to remain open and retain business. Before COVID-19, local businesses distinguished themselves through the value of their products and services. In-person service was the most utilized service option, with some small businesses offering delivery as an additional service. During the coronavirus pandemic, many small and local businesses have developed a competitive edge by implementing a delivery service so that they do not fall behind. They have been forced to use another company’s technology platform for placing orders online and/or hiring a delivery service. As the need for delivery services has increased, it may have compromised the integrity of some delivery services. As more deliveries are being placed, it has left companies short staffed. This has forced delivery services to explore how to expand their teams to accommodate an increase in delivery demand. One FedEx driver compared everyday to a holiday, claiming they are working harder than ever, with limited vacation time available. While large companies, such as FedEx and UPS are hiring more and more delivery drivers and incentivising them with higher salaries, some of the other companies are not fully vetting their drivers. Smaller companies who did not originally have a delivery service option, may have created a sub-par delivery service. Their need to remain open and retain business outweighed their need to properly vet their delivery drivers. Delivery drivers are often incentivized to complete their deliveries quickly and efficiently, which may result in reckless driving and carelessness. If they have not been properly trained or drive dangerously, it becomes a hazard to other drivers and pedestrians on the road. When a delivery driver causes a collision, the driver obviously is responsible for his or her actions. However, the company that employed the driver often has responsibility, too. In some cases, there could be other parties who bear responsibility. These situations are very fact specific. It is important to gather information quickly and thoroughly to protect your rights. If you are involved in a motor vehicle accident with a delivery truck driver, or any car accident at all, contact counsel immediately. If you are injured, it is even more important that you have an experienced car accident lawyer fighting for your rights. Before leaving the accident scene, be sure that you: Call the Police and be sure to get the name of the responding officer. Get the contact information of the other driver and the company that they work for. Write down their license plate number and car/truck make and model. Take pictures of the accident scene if possible. If there were any witnesses, get their contact information. Seek medical attention immediately if you are injured. Do not sign any paperwork unless it is from a police officer. Contact your attorney to begin the legal process. At Morefield, Speicher, Bachman Law we have experience working with those injured in car accidents and truck accidents. You deserve to be treated with care and attention after a motor vehicle accident. If the driver was inexperienced or had not been properly vetted and trained, it is the responsibility of the company to take action. Unfortunately it is all too common that the negligent party is not held accountable for their actions. Contact our team after an accident and we will ensure that you are cared for.

Beware of Gap in Treatment During COVID

September 2, 2020 No Comments

During COVID, drivers and passengers who get injured in a motor vehicle accident are sometimes reluctant to visit doctors and hospitals for fear of getting exposed to COVID-19 or they are unable to get an appointment because medical professionals are turning them away. The lack of immediate medical attention is creating what insurance companies call a gap in treatment. Not only are injured people suffering without proper treatment, but the wrongdoer’s insurance company will use that lack of treatment to argue that the person’s injuries are unrelated to the motor vehicle accident. Or, the insurance company may argue that the injured person did not do everything they could to minimize the effect of their injuries. A gap in treatment can make it more difficult to get proper compensation for accident related injuries. As COVID-19 patients are filling hospital beds and doctors’ offices, non-coronavirus patients are avoiding hospitals. While it is usually best for those with minor injuries to avoid visiting hospitals, that does not apply to those injured in a motor vehicle accident even if the injuries appear minor at first. Hospitals are prepared for emergencies and they are forced to abide by the safety protocol that the Center for Disease Control presents and continue to make hospitals available for everyone. When you are injured from a motor vehicle accident, it is crucial that you visit a medical professional who can treat and evaluate your injuries. It is equally important that medical professionals document your injuries to support your legal and insurance claims. If you wait and do not see a medical professional right away, it is likely that the insurance company will try to claim that your injuries are unrelated to the car accident. The insurance company and any opposing attorney will argue that your injuries were not a result of the accident, and you may not be able to receive proper compensation for your injury. If you already have a gap in care, please contact us immediately for advice on how to protect against any attempts by the insurance company for the other party to unfairly minimize the compensation you should receive. When you are making a claim for an injury relating to a motor vehicle accident, the insurance company will open an investigation of your claim. You may need to submit an independent medical examination and include medical records to substantiate the claim that you were indeed injured from the accident and not from a separate incident. We can help you prepare for such an examination. It is critical that you understand that “independent medical exam” is a misleading term. The doctor who will examine you is employed by the insurance carrier to minimize the value of your claim. We can help you avoid the common mistakes injury victims make during independent medical exams. If you have been turned away from a hospital for COVID or other reasons, you need to maintain a record that your request for care was deneid. You will then need to provide this record to your attorney and as a part of your insurance claim. This will help confirm that you were indeed injured and it will help with future efforts towards receiving compensation. Following a denial of care, you should immediately find another doctor or hospital that can give you a check up to record your injuries and begin care. It is helpful to call doctors offices or hospitals to ensure that they will have the capacity to properly assess your injuries. If you are unable to drive to the hospital, inform the police officer at the accident scene and call 911 for an ambulance. If you or an uninjured passenger can safely drive, immediately go to the hospital from the accident scene. When you arrive at the hospital, wear a facemask at all times, wash your hands regularly, avoid touching your face, and maintain a safe distance from others. If you are injured during a car accident, call your MSB car accident attorney. They will be able to advise you on the appropriate steps to take immediately following an accident. They will also be able to help you with the necessary steps you must take after an accident. At MSB, we have extensive experience helping individuals injured during a car accident. You are likely not prepared for a car accident so let us take that burden on so that you can focus on recovery.