Personal Injury

Wrongful death cases arise from many different causes. Fatality accidents are sadly an all too often occurrence on the roads and highways across Kansas and Missouri. If you have lost a family member in a car accident caused by someone else’s negligence, we are here to help guide you through the process of recovering some of what you lost. If you have lost someone due to a dangerous or defective product, dangerous condition or property or any other cause, we are here to help. We understand that you are living through a horrible tragedy and that you have needs in addition to fair compensation for your loss. We make every effort to be there for you in this difficult time. When it is appropriate, we will help you to find other professionals that can help you through your grieving process or who can help you with the aspects of your loss that require the assistance of someone other than a lawyer.

E-commerce has become a way of life for us. Ordering items online and having them magically arrive at our doorstep the next day is now the norm. We have become a culture that expects fast service, time saving and multitasking. Drive-through fast food, instant communications and one stop shopping are part of the American culture. Delivery companies such as Amazon, Walmart, FedEx and UPS have at times struggled to keep up with this ever-growing demand. Because of this, these companies have taken delivery service to new levels. Amazon alone is reported to have delivered 2.3 billion packages last year, while expecting a 99% on time delivery success rate. This expediency has a price. The reality is that to provide top notch service, drivers are pushed to extremes, causing serious injury accidents and even deaths. The Federal Motor Carrier Safety Administration has reported that between 2015 and 2017, FedEx drivers have been involved in a total of 1,762 crashes, with 575 injuries reported and 41 deaths. From 2012, the rate of accidents reported has escalated 254.5%. Since 2015, there have been 60 delivery truck accidents and 10 deaths associated with Amazon delivery accidents. In some cases, the companies that provide you with same-day or next-day delivery have escaped liability for the accidents and injuries that have occurred. In many instances, these companies claim that because their drivers act as independent contractors and not employees, they are not responsible. This position is debatable for many reasons. Delivery Companies Often Remain Blameless What is interesting here is that not only have these companies operated under a cloak of secrecy and kept a lid on how extensive their delivery networks really are, they have also tried to distance themselves from responsibility for the harms caused by their delivery network. In the relentless quest for more business and profits are they risking the safety of everyone on the road? Smaller, Unmarked Vehicles It is difficult to track the safety of delivery vehicles, for several reasons. Amazon for instance, often uses smaller delivery vehicles that are unmarked. Because of their smaller size, they are not monitored by the Department of Transportation, nor are they tracked by the Federal Motor Carrier Administration. Because of this, they have fallen into a regulatory void where they can avoid purchasing the large insurance policies required for the big rigs. Interestingly, it has been reported that they have purchased 20,000 more of these vehicles last year. Some Drivers Use Their Own Vehicles Many companies use apps to employ delivery drivers, such as Flex or Shipt. Through an app, a driver can sign up to work and use their own vehicle to make deliveries. While drivers are required to have a workable vehicle and carry insurance, no prior experience is necessary. They may not have a commercial license, and they go through minimal, if any, training. The vehicles may not be put through any type of safety protocol prior to beginning deliveries. And, the smaller vehicles may not carry the substantial insurance necessary to protect the public in the event of a wreck. Third Party Delivery Companies Large retailers also use small, independent delivery firms to keep up with demand. These small delivery companies are often loosely organized. One of the problems here is that because these delivery companies operate on such slim profit margin, safety may be compromised. There are many reports of poorly maintained vehicles and untenable conditions for employees. What is worse, when these third party delivery companies fail to provide adequate liability insurance, they may leave the victims of their negligence with very little opportunity to recover for their losses. Accidents are beginning to become more common, and unsuspecting motorists are paying the price. When an accident occurs the company whose product is being delivered can claim that they employ independent contractors and therefore they are free from any liability. However, these companies often establish the delivery routes, track the deliveries, direct how and when deliveries will be made, and require drivers to meet the company’s delivery speed standards. This issue is only going to increase during the holidays, when deliveries will multiply exponentially. At Morefield Speicher Bachman LC we believe that the driver is not the only responsible for the accident but in many cases, the company paying for the delivery of their product should also be held accountable. In cases where the delivery service is operating according to the requirements laid down by Amazon or the other product seller, the product seller may be responsible. We can investigate this issue for you. If you or a loved one has been involved in a delivery truck accident, call our office for advice as soon as you possible. We are here to help you get the compensation you deserve. Call us today at 913-839-2808.

Home Delivery Services – Mini Series Home Delivery Services –  The Human Cost Amazon has single-handedly changed the way we shop. Americans love the convenience of ordering something online and having it delivered to their doorstep the next day. Last year alone, Amazon shipped over 2.3 billion packages. This convenience comes with a real human cost, however, and the question becomes does the human cost of expedited home delivery services outweigh the convenience? Since 2015, there have been countless car accidents and 10 deaths associated with Amazon or other delivery service trucks. There are many tragic stories out there, all with a disturbing commonality – the delivery service vehicle caused the accident in the driver’s haste . Amazon has been successfully avoiding liability for these accidents thus far, maintaining that these drivers aren’t employees or agents of Amazon, and therefore, the company is not liable. At Morefield Speicher Bachman LC we believe that the driver is not the only responsible for the accident but in many cases, the company paying for the delivery of their product should also be held accountable. In cases where the delivery service is operating according to the requirements laid down by Amazon or the other product seller, the product seller may be responsible. We can investigate this issue for you. Several years ago, when United Parcel Service (UPS) and the U.S. Postal Service (USPS) couldn’t keep up with the high demand created by Amazon, the company got creative. Amazon enlisted an army of contractors to deliver their packages. These contractors range from smaller, private companies, to individuals hired via an app called Flex. Amazon safety concerns What is concerning is that while UPS and the USPS drivers are thoroughly trained in best-in-class safety practices, Flex drivers are not. In fact, they are trained primarily by watching a short safety video on their phones. In the meantime, Amazon and other online companies may call the shots on delivery times and hold these delivery workers to very tight schedules and require a 99% on-time delivery rate. The large volume of deliveries, combined with their tracking and expectations of these drivers has created an often chaotic environment out on the roads. These drivers zip from location to location in the name of staying “on-time,” often without regard to safety concerns. When the online company has created the conditions that result in a delivery driver abandoning safe driving practices, the online company should bear responsibility for the injuries that result. Amazon’s employee vs independent contractor relationship Amazon and other online companies exercise a significant degree of control over their delivery drivers, which suggests that the drivers are their agents, not independent contractors. Amazon continues to maintain, however, that they have no legal responsibility for these drivers and are not liable should an accident occur. In many cases these drivers carry minimal insurance to cover the injuries they cause. The crux of the matter is whether an employee-employer or respondeat superior relationship has been created between companies such as Amazon and their contracted delivery drivers. Generally, under this type of relationship, an employer is held liable for the negligent acts of their employees during their course of employment. In an independent contractor relationship, the company that hired the delivery service may not be responsible. Which relationship applies depends on various factors. Generally, if the employer takes taxes out of a worker’s pay, has control over what the person does and how they perform their work, there is an argument that an employer-employee relationship has been created. The level of control exercised over the driver is a key issue. If Amazon or another company is directing how and when the delivery driver will deliver packages, the company may be responsible for the driver’s actions under what is known as a respondeat superior theory of liability. It is critical to hire an attorney who is aware of this issue and who will investigate the identity of all persons and companies responsible for the driver’s actions. On the other hand, if a worker receives pay without taxes taken out, isn’t a candidate for company benefits, uses their own equipment, and makes their own schedule, it could be argued they are working as an independent contractor. A common employment scenario There are many cases against Amazon and other online companies in various stages of litigation. It remains to be seen how these cases will be decided. This scenario, however, isn’t all that uncommon. Not only in merchandise delivery but also in many other industries, there is a very blurry line between who is an employee and who is an independent contractor. When these lines are blurred, it is important to do a thorough investigation to determine whether the driver is responsible, whether the delivery service is responsible, or whether the online company is responsible. If you’ve been in an accident and wondering who or what company is responsible for your injuries – come speak with us. We are concerned with protecting you and your family from such practices and will aggressively pursue justice on your behalf. Call us today at 913-839-2808. published: Oct. 3, 2019

Summer means getting outdoors to enjoy the nice weather. More people are out and about walking and riding their bikes. Family and friends are gathering for BBQs and get-togethers. With this comes the increased likelihood that you or your friends will enjoy an adult beverage. You have heard it time and time again; it is illegal to operate a vehicle with a blood alcohol of .08% or above. One of the questions we sometimes hear at summer gatherings is, “Can you get a DUI while riding a bike (or scooter)?” Just don’t do it To be honest, we think a better question is whether you should operate a scooter or bike while under the influence. The easy answer is an emphatic “No!” If you have followed our firm, you know that we represent many victims of drunk driving accidents. We are supporters of Mothers Against Drunk Driving (MADD). We have seen, firsthand, the toll that drinking and driving can take on families. For your own safety and the safety of others on the road, you shouldn’t operate any vehicle, even a scooter, when under the influence.  We all know that alcohol impairs judgment and slows reaction time. If you operate a bike or scooter while intoxicated, you are jeopardizing not only your own safety but also the safety of those around you. While the legality of operating a bike or scooter under the influence varies from jurisdiction to jurisdiction, we strongly urge you not to do it. State and Local Laws  Whether you can get a DUI while riding a bike or scooter will depend on state and local laws. It is also important to note that this is an area of law that is quickly evolving in reaction to the new modes of electric transportation that continue to pop up on our streets and sidewalks each day.  There are some states that impose penalties for these activities that carry much of, if not the same penalties as those associated with a DUI while driving a motor vehicle. In some states, this offense is treated as a misdemeanor and carries penalties that include fines, jail time, driver’s license suspension, community service, and substance abuse evaluation. The determining factor is how the state statute is written. Some states, for instance, define a DUI as operating a “motor vehicle” with a blood alcohol of .08%. Other state laws use the term “vehicle” which is defined as “any and all devices capable of being moved or transporting people.” This is an important distinction and will dictate whether the law would apply to a bike or scooter. The Law in Kansas Currently, in Kansas, the statute states that drinking and driving is prohibited for all vehicles. But, this does not include bicycles. Many local ordinances, however, do include bikes.  The Law in Missouri In Missouri, the statute states that a driver is guilty of a DUI when they are operating a motor vehicle while intoxicated. Therefore, a bike would not come under this law. Again, that is not to say that it could not be an offense under a local ordinance. In Missouri, scooters and mopeds can qualify as a motor vehicle. If the scooter is motorized, has an automatic transmission, a cylinder capacity of less than 50 cubic centimeters (commonly referred to as “cc’s”) and has a maximum speed of 30 mph, a driver’s license is required to operate the vehicle and therefore could come under the DUI law. In fact, drivers of Bird or Lime electric scooters have received DUIs in Kansas City. Tips to stay safe Here are a few tips to keep in mind to ensure your safety and the safety of those around you: Don’t drink and operate a bike or scooter. Use the same sound judgment you would if you were driving a motor vehicle. Always wear a helmet. While not required in every jurisdiction, it is the single most important piece of safety gear you can have while riding a bike or scooter. Make sure your bike or scooter is in good operating order. Make sure you are visible to vehicles and pedestrians. Wear bright, reflective clothing and use headlights and taillights. When riding, keep your line and stay predictable to other drivers. Even with the best of intentions, accidents can happen. If you or a loved one has been injured due to a mishap or the negligence of another party, contact our office for legal guidance at (913) 839-2808. If you or a loved one receives a DUI while driving a bike or scooter, we encourage you to call another law firm as we focus our efforts on helping the victims of drunk driving.

Summer and boating activities go hand in hand. With the warmer weather, lots of us will be out on the water fishing, waterskiing and just enjoying the sunshine. Unfortunately, some people associate these activities with drinking. Whether they don’t care about the implications of operating a boat under the influence or don’t think they can get in trouble for doing so, the implications go far beyond the beam of their boat to the safety of others. We all know the dangers of drinking and driving. Put simply, if you drive with a blood alcohol level of .08 or higher, you can be cited for a DWI. But do the same rules apply when you are operating a boat? The short answer: yes. According to the U.S. Coast Guard, half of all boating fatalities involve alcohol. In all 50 states, it is against the law to operate a watercraft while under the influence of alcohol. This offense is known as Boating Under the Influence or a BUI for short. What is most troubling is that these offenses are on the rise. And, the important point is that every year, many people are killed or injured because someone decided to operate a boat while under the influence. These tragedies are 100% avoidable. What is a BUI? Generally, state law defines a BUI as operating a watercraft in a body of water with a blood alcohol of .08% or more. While all states have some form of BUI law, the exact definition varies slightly from state to state. BUI Laws in Missouri The state of Missouri breaks down a BUI offense into 2 types. An impairment BUI is when a boater has demonstrated their impairment through the use of alcohol, drugs or a combination of both. A per se BUI is when it is shown that the boater was operating a boat with a blood alcohol of .08% or higher. BUI Laws in Kansas Kansas defines a BUI much the same as Missouri, defining a BUI as operating watercraft with a blood-alcohol level of .08% or higher. It also adds that anyone under the age of 21 years old can be guilty of a BUI while operating a boat with a blood alcohol of .02% or higher. Penalties The penalties for this offense can become serious, particularly where it is a repeat offense, or if someone is hurt or killed in connection with the BUI. Depending on the particular circumstances, the offense can be either a misdemeanor or a felony.  Penalties can range from: Fines Loss of boating license Jail time Mandatory enrollment in boating safety or substance abuse classes Impact on driving record and insurance Seizure of boat Safety Tips for Avoiding a BUI The U.S. Coast Guard states that in general, alcohol is more dangerous on the water than on land. Alcohol causes a decline in physical and mental skills including impairment of judgment, coordination, reaction time, and depth perception.  Often boat operators are inexperienced, and boats are very different, and often more difficult, to maneuver than a vehicle. Add to that warm weather and sun, which can affect how your body reacts to alcohol. Our most important tip – don’t use alcohol if you are operating a boat. Here are a few tips to avoid a BUI: If you’re operating a boat, avoid alcohol; Pack plenty of nonalcoholic beverages and snacks; Drive defensively and be aware. There may be others on the water that have been drinking; Follow all safety protocols including the use of life jackets; Wear appropriate, light-colored clothing to stay cool; Make sure you know the rules of the road if you are towing people on skis, innertubes or wakeboards and make sure they are not intoxicated. Boating is a fun summertime activity when it’s done safely, but even with the best of intentions, accidents can happen. We urge you to keep these safety tips in mind while out on the water. However, if you or a loved one has been injured due to a mishap or the negligence of another party, contact our office for legal guidance at (913) 839-2808. If you or a loved one receives a BUI while operating a boat under the influence, we encourage you to call another law firm as we focus our efforts on helping victims recover. MSB is a proud supporter of Mothers Against Drunk Driving (“MADD”).