Springfield Injury Law Blog : Springfield Injury Lawyer & Attorney : Jason Krebs Law Firm : Branson, Tri-Lakes, Missouri: car accident, personal injury, food poisoning, medical malpractice, wrongful death

In Part One of this series about how a lawyer can help after a car accident,  I covered one concern people have--that it may look like they are not knowledgeable enough or basically, the "How hard can it be" mindset.   I countered that an accident attorney can navigate the insurance company roadblocks for you and possibly increase the compensation you could receive for your injuries. 

Now I want to cover another reason I hear from people as to why they are apprehensive about contacting a personal injury lawyer--They don't want to look like they are chasing money or are greedy.  To this I say, that is definitely NOT what hiring a lawyer after an accident is all about.

First, if you are hurt in a car accident, the other driver who may have caused the accident is likely not going to have to write you a check for any damages.  Don't feel bad for that poor high school kid or sweet old lady who was so upset after hitting your car.  Who pays in an accident is the insurance company. Think AIG, Shelter Insurance, Allstate, and Progressive and not the sweet old lady.  This is why Missouri law requires drivers to carry auto insurance and this is the purpose for having auto insurance.  

After you are hurt in a car accident, you can have a lot of new expenses.  We all know health care is very costly.  Even if you are fortunate to have health insurance, there are deductibles and uncovered procedures. You will certainly have repairs to your car and maybe even a temporary rental car while yours is in the shop.  You may have missed work while in the hospital without sick days or vacation days (or after you used those) and you had no income.  Extra therapy may be required for your recovery that your health insurance won't cover, or you have to take unpaid time off work for therapy since you may have used all your sick days and vacation time.  Additionally, you may be injured so that you cannot work the same job or enjoy the same activities.  Lastly, there may be future medical expenses do to the long term effects of your injuries.  These are all costs that you are now paying as the result of a car accident that was not your fault (or at least not 100% your fault).

It is not definitely not selfish to ask that the responsible party's insurance company pay for these unexpected expenses and even for your related pain and suffering.  No sane person would willing choose to be involved in a serious car accident just for the money. It is too disruptive to your life, your family, your goals and causes too much uncertainty for your future.

As a car accident lawyer, I turn down clients every day who are just trying to make a claim for the money.  They usually don't have a case and even if they do, it certainly isn't a case I want.  If you are hurt from a car accident, call an experienced lawyer for help. Get an expert to do the work for you and help you maximize your claim.  Don't worry about looking like you can't do it yourself or looking like a a gold digger.  Instead, worry about getting your life back.

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People often tell me that contacting a lawyer after an accident can be intimidating.  Many people either don't want to look like they lack knowledge and need help, or they don't want to appear to be trying to sue just for the money. Neither reason should prohibit an injured person from contacting an accident attorney and I'll cover why that is so in this two part series.

A Car Accident is Not a Do-It-Yourself Project
Calling an experienced car accident lawyer to represent you after an accident is like calling in a licensed electrician to do major wiring in your house.  Sure, you can swap out a light fixture, but adding wiring to a new wing of your house is completely different. You not only want it done so it works, but beyond that, you also you want it to be safe.  

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If you have been hurt in a car accident and have hired a personal injury lawyer to help with your case, you've already taken the first step to securing a more successful outcome.  Below are eight simple things you can do to positively influence your personal injury case. Certainly there are other things your lawyer will request of you, but this list covers the basics of helping your lawyer, help you.

1.  Give your lawyer the whole story

The conversations you have with your personal injury lawyer are confidential and protected by attorney-client privilege so you can tell the truth without fear of others finding out.  Your lawyer must keep what you say in strict confidence.  Don't omit details about the events in an accident just because they may be embarrassing or you think make you look like you did something wrong.  A good injury attorney will take all the facts of your case and know how to present less flattering elements in the best possible light and keep the impact to a minimum.  If  your lawyer first hears about an important detail that you omitted from the lawyer on the other side, it can have devastating effects on your personal injury case.  Caught unprepared, he/she is at a disadvantage in keeping potentially unfavorable facts from hurting your case and it can make it impossible to disprove negative accusations if there is not time to investigate. Be sure to tell your lawyer everything and answer all questions truthfully.

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With the large scale of the recent Toyota recalls, I have had several people call my office with questions related to their involvement in car crashes with a Toyota prior to the recall.  So how does a recall impact an accident that has happened in the past?

A recall is a response by a manufacturer to collect products for repair, replacement or destruction in order to avoid any more people being hurt by a design flaw, manufacturing mistake or contamination.  By law, during a recall the manufacturer is given a chance to fix the problem and the product owners are expected to cooperate.  In the case of Toyota, if you choose not to repair your car as advised and your recalled but unmodified Toyota later causes a car accident, it will be much more difficult to recover damages claiming it was the fault of the car.

A recall is also an admission by a manufacturer of the existence of a problem and thereby helpful in providing a reason or contributing factor as to why an accident, or in this case, a car crash, may have occurred.  The Toyota recall could shift the cause of a car accident from "The driver was going to fast" to "The accelerator on the Toyota was stuck" or from "The driver didn't allow enough time to brake" to "The brakes on the Toyota did not respond".  You will need a lawyer to help prove there was faulty performance of the car, but how damages and medical bills are awarded can change dramatically if the proof does indicate the cause of the car crash was the car and not the driver.

Since Toyota's announcement of the recall, if you have been fortunate enough to avoid having a related car crash follow the instructions promptly to have your car repaired.  If you own a Toyota, start with a visit to http://www.toyota.com/recall and perhaps a call to your dealer.  However, if you were in a car crash caused by a Toyota prior to the recalls, contact a car accident attorney to be sure your case is properly investigated and handled in light of the details of the recall.  

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A new Toyota recall was announced today, this one involving the brakes in 2010 Prius and Lexus hybrids covering almost 450,000 vehicles worldwide.  When combined with the previous major recall for certain Toyota models with accelerator pedal issues with and without floor mat complications, a total of around 8 million vehicles are impacted.  Both recalls involve vital functions of a car that when malfunctioning have the potential to cause a serious car crash.  If you drive a Toyota being aware of how to handle either case can help you remain safe while on the road until you can get to your dealer for the required repairs.

Unresponsive Brakes

If you own a Toyota hybrid that is named in the latest recall and experience a delayed braking response, Toyota says to continue to depress the brake until it engages appropriately. Hopefully that will be before your Toyota causes a crash, so to be safe, you may also want to drive a bit more cautiously (i.e. slowly) and leave extra room between you and the car in front of you until you have the necessary repairs completed.

Stuck Gas Pedal

It is reported that the Toyota accelerator issue gets worse over time and thus, drivers should be mindful of how their car is behaving and get to the Toyota dealer immediately at the first whiff of a problem.  

But if it is too late for that, Consumer Reports tested what to do to avoid a car crash if your gas pedal is already stuck--regardless of the brand of car you are driving. 

1. Brake hard, but do not pump the brakes.
2. Put car in neutral
3. After stopping, turn off the engine. Without the engine, you will lose power steering and power braking and may have difficulty controlling the car so if possible, wait to do this last.

If the above driving tips come too late and you have already been involved in a car crash with a Toyota, please call an attorney experienced in handling car crashes to ensure your case is handled appropriately and professionally.

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I was happy to see that Queen Midas herself--Oprah Winfrey--has taken up the cause of spreading awareness about the dangers of distracted driving.  She recently hosted a show dedicated to the topic of cell phone use and texting while driving and has invited people to pledge to make their cars a No Phone Zone. 

While I am not sure how effective making a pledge to Oprah is to keeping someone from using their cell phone while driving, I am nonetheless thrilled to have such an influential person spreading word about how using a cell phone or texting while driving can contribute to car accidents.  More effective than a pledge as a deterrant seems to be hearing the stories of those who lost a family member to someone who was talking or texting while driving.  How would it feel if that conversation you were having about the shoes you just bought, the movie you just saw or that sale you just made result in the injury or death of someone else?  

Don't think it can't happen to you.  Don't think just because your eyes are on the road and your hands are on the wheel that your head is in the game.  Your car or SUV is very large and very heavy and can be very dangerous at any speed even when you aren't distracted.  Play it safe and stay off the phone.  If you have been injured by someone using a cell phone or texting while driving please call an experienced car accident attorney for help with your case.

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If you have been in an accident of any kind, you'll likely need your insurance company to help your pay the bills related to injuries and car or motorcycle repair.  If you want to maximize the amount an insurance company will pay you after an accident, you need to know the 8 things you shouldn't say to your insurance company.

1 – Anything immediately after the accident
The insurance company is not your friend and shouldn't be on your list of the first people to notify that you have been in an accident. Immediately after an accident you may be overwhelmed, scared, or even angry and it can influence what you remember and how you say it.  If you are injured, go to the hospital.  Worry about your injuries not the insurance company. There is plenty of time to call your insurance company later—after you have read through the rest of this list.

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In all the talk of the dangers of texting while driving, I am hoping that the accident risks associated with using a cell phone while driving aren't being overlooked.  

Many of the hard core texters in this country aren't able to drive yet so the actual incidents of people texting while driving is lower now than it will be in the future.  This is why those with missions to help protect people like the National Safety Council (NSC) or organizations in the know about traffic accidents like the National Highway Traffic Safety Administration (NHTSA) are pushing now for nationwide bans or limits on texting while driving.  But texters aren't the only dangerous drivers out there.

As I drive around Springfield, I notice A LOT of people just talking on the cell phone.  So how dangerous is it to talk and drive?  The NHTSA estimates that you are 4 times more likely to be in a car accident if you are on your cell phone compared to 8 times more likely to be in a car crash if you were texting.  So texting is twice as bad as talking on your cell phone, but talking on your cell phone is still 4 times as bad as just driving!  

So don't think you are doing anyone a favor by just talking on the phone while you drive.  Seriously decide how important that call or caller is before making or taking a call while driving, and perhaps shorten a conversation to be sure your eyes and your attention can be 100% focused on the road.

If someone texting or talking while driving caused a car accident injuring you in Springfield or Southwest Missouri, please contact an experienced car accident attorney for help with your case.  

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In a recent post about texting while driving, I mentioned there were as of yet no specific statistics on the number of accidents caused by texting.  Well, I just read that the National Safety Council (NSC) is attempting to quantify the impact of distracted drivers and is estimating:

• 1.4  million crashes each year are caused by drivers using cell  phones   
• A  minimum of 200,000 additional crashes each year are caused by drivers who are  texting 

The larger number of cell phone related car accidents is based on a larger number of cell phone users over texters.  Certainly as texting increases in popularity and as all those kids who grew up texting start driving, the number of accidents caused by texting will grow.  

To get to these accident figures, the NSC relied on data related to the number of people using cell phones or texting coupled with the associated increased risk of causing a car accident when using such devices. 

The National Highway Traffic Safety Administration (NHTSA) reports that 11% of drivers at any one time are using cell phones and peer-reviewed research reports cell phone use increases car crash risk by 4 times.  Therefore, the NSC concluded that about 25% of all truck and car crashes could be attributed to cell phone use.  

Similarly, NHTSA data shows 1% of drivers at any one time are manipulating their device in ways that include texting and other research reports that texting increases car accident risk by 8 times.  With those numbers then, the NSC estimates that 3% of all traffic accidents could be caused by texting.  

While still estimates, these numbers highlight the very real risk of using a cell phone or texting while driving.  Pay attention and think about if that conversation really can wait until you aren't driving.  

If you have been injured in an accident by someone using a cell phone or texting or for any other reason, please call a Springfield car accident lawyer for help with your case.  Don't let an insurance company cheat you out of what could be yours.  Get an attorney.

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In August 2009, Missouri became the 29th state to ban texting while driving. While the Missouri law and subsequent $200 maximum fine applies only to drivers 21 years and younger, the spirit of the law recognizes the dangers of texting, i.e. sending, reading or writing an electronic message, while driving causes for drivers of all ages.  Texting is new enough that specific texting related car accident statistics are not yet available, but studies by the American Medical Association show texting drivers spend 400% more time with their eyes off the road than non-texting drivers. While it doesn't take a statistician to realize that when one's eyes aren't on the road, it is much easier to cause an accident, the American Automobile Association estimates that texting while driving increases the chance for a car accident by 50%--for any age driver.

The Missouri Coalition for Roadway Safety has created new public safety announcements to remind teens of the new law and remind all of us of the deadly consequences of distracted driving.  If you hear these PSAs on the radio while driving, listen up and take the message to heart, but keep your eyes on the road. 

Listen to the PSA radio spot-Grounded
Listen to the PSA radio spot-Spell It Out

If you have been injured in a car accident caused by a texting or otherwise distracted driver, please contact The Krebs Law Firm for a free consultation on your rights for recovery.

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When the snow falls, sometimes the best decision is to just stay home to avoid any possibility of being involved in a car accident.  To make an informed decision if you should stay or go, there are a couple of resources you can use to check Springfield and Missouri road conditions. With a lot of winter weather ahead for Springfield, Missouri in 2010, please keep these sites in mind to help keep you safe. 

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A fair amount of snow hit Springfield over the weekend and along with it more snow related car accidents.  Bad weather doesn't seem to deter many drivers from their bad habits.  Over the weekend I still saw people talking on their phones, eating sandwiches with two hands, and talking on the phone and eating a sandwich at the same time!  Let's face it, there will always be bad drivers in any kind of weather, so the only thing you can do is make sure you aren't one of them.  

I think the best advice for winter driving is from the Missouri Department of Transportation with their "In Ice and Snow, Take it Slow" campaign.    By driving more slowly you are:

• more likely to remain in control of your car
• better able negotiate slippery turns and unexpected stops
• best able to avoid hitting the guy who isn't going slowly (and is also eating a sandwich!)

Ultimately, all you can do is control your driving and avoid causing an car accident due to your own carelessness. Even driving slowly is no guarantee that the "other guy" won't crash into you.  The only way to completely avoid a car accident is to stay home and off the roads.  Some days, that isn't such a bad idea.  

If you were unfortunate enough to be injured in a car accident on Missouri roads, please contact a Springfield attorney to be sure you are best represented and able to maximize your physical and financial recovery.

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After any car accident you may be injured and definitely are shaken up. Your car has been damaged, you may be hurt along with others who were in the car with you, you are worried about what everything is going cost and even wondering how are you going to get to work tomorrow.  To top it off your phone rings and it is an insurance adjuster for your insurance company or for the insurance company of the other driver involved in the accident asking a lot of questions about what happened.  What do you say to the insurance company calling? 

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Unfortunately this is not the only example I found.  There are many examples of dangerous driving to be found.

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29 years. That is how long it has been since the minimum federal motor carrier insurance requirements have been raised. I knew these levels were old but not that old. Steve Gursten makes a great point about these levels in today’s present value dollars in his Michigan Auto Lawyers Blog.

 
“According to the act, the minimum insurance standards for interstate trucks range from $750,000 for a basic truck to $5 million for trucks carrying hazardous materials. Keep in mind that $750,000 in 1980 equals just under $2 million when adjusted for inflation in 2009 — and is worth only $292,000 in today’s dollars.

According to the Consumer Price Index:
• $750,000 in 1980 equals $1,921,811 when adjusted for inflation in 2009, and is worth only $292,693 today.
• $1 million in 1980 equals $2,562,415 when adjusted for inflation in 2009, and is worth only $390,257 today.
• $5 million equals $12,812,075 when adjusted for inflation in 2009, and is worth only $2,491,933 today.”

With the costs of medical treatment skyrocketing, it is absolutely time to revisit these requirements. I am sure the trucking lobby will cry about this, on top of fuel costs will drive some companies out of business, but read some of the examples in Steve’s post and tell me what is more important.

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 The New Yorker has the best article I have seen about the psychology of the fear of change as it relates to the current health care debate. A couple points that really stuck out to me.

Most of us, for instance, are prey to the so-called “endowment effect”: the mere fact that you own something leads you to overvalue it.

What this suggests about health care is that, if people have insurance, most will value it highly, no matter how flawed the current system. And, in fact, more than seventy per cent of Americans say they’re satisfied with their current coverage. More strikingly, talk of changing the system may actually accentuate the endowment effect. Last year, a Rasmussen poll found that only twenty-nine percent of likely voters rated the U.S. health-care system good or excellent. Yet when Americans were asked the very same question last month, forty-eight per cent rated it that highly. The American health-care system didn’t suddenly improve over the past eleven months. People just feel it’s working better because they’re being asked to contemplate changing it.

The Springfield News- Leader also has an excellent Voice of the Day by Stephen Sloan about the current inefficiencies and inequities of the current system.  I hope you take the time to read them.
 

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Lost among the recent news articles about some local auto dealers losing their franchises are the more tragic instances where hundreds of people have had their pending lawsuits against GM or Chrysler stayed by the bankruptcy court.   These cases and all future injury claims related to unsafe products claims for vehicles  currently on the road will likely be discharged in bankruptcy with no possibility of recovery for the injured.  Hopefully a reserve fund will be required as part of the "new" US auto industry.

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There are some instances where an injured party can handle their own claim, but you should always speak with a personal injury lawyer before you contact the insurance company.

Here is a great post from the Texas Injury Law Blog.

Potential clients involved in an accident or injury claim that seek legal help or free advice from my law firm frequently ask this question--If I hire a lawyer and have to pay attorneys' fees, won't I end up getting less money in the end?

Nothing is guaranteed--however, I cannot remember a time when I had a client who, at first, was handling a claim on their own or was just about to settle with the insurance when they came to me with many questions and reservations about hiring a lawyer. They trusted our law firm, and it proved to be worth it in the end.

A couple of questions should come to your mind (1) if you were in need of surgery, would you try to do the surgery yourself ? , (2) do you really have what it takes to take on Big Insurance and an insurance claims adjuster who handles thousands of claims a year?

Remember, the insurance adjuster is not under oath when they are dealing with you and they are frequently trained to do absolutely everything in their power to deny your injury claim or pay you as little as possible. If you are thinking if it does not work out, I can always hire a lawyer later--think again. Commonly, people come in after trying to handle their injury claim with the "do it yourself" approach by giving the insurance company a statement unfavorable to their claim and missing crucial damages they are entitled to under the law.

If you have an injury lawyer or law firm who works your claim diligently and aggressively, your decision to hire a lawyer is more often than not worth the time. While most people are concerned about their property damage, I remind potential clients that vehicles can always be replaced, but you only get one body during your lifetime, if you do not look out for your health, who will?

Abraham Lincoln once said, "A man who represents himself has a fool for a client." 

If you have legal questions  with your personal injury claim give me a call for a free consultation. 

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 Over 62% of all  bankruptcies stem from medical bills, and even people with health insurance face financial disaster if they experience a serious illness, a new study shows.  

The study, prepared by the American Journal of Medicine, showed over a significant increase in medical related bankruptcies in the 6 years since the previous survey.  Also , interesting the study shows that most of the debtors were well educated, home owners and middle class.

Unfortunately most Americans are only one accident or illness away from losing much of what they have worked for their entire lives.  I can't count all the people in my office over the years who can't believe what is happening to them.   Anybody who tells you the current system is not broken, doesn't know what they are talking about or have a vested interest in the status quo.

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Here is an interesting press release I found from the City of Springfield

 April Crash Report Card
There have been three fatality crashes in Springfield during the first four months of the 2009, compared to three in the same time period in 2008. The number of total crashes has decreased by 1 percent, while the number of injury crashes has increased 2 percent, respectively, compared to the same period last year. There have been 2,319 total crashes from January 1 to April 30. Traffic crash statistics are tracked by the Public Works Department.

MAY SAFETY MESSAGE

In the past, the majority of vehicles using our roadways were automobiles and trucks. Today, there is a trend toward an increase in alternative modes of transportation on our city streets. Street designs that provide for alternative modes of transportation are referred to as “complete streets.” This new design approach strives to accommodate all users of the streets, including bicyclists and pedestrians, as well as citizens who use wheelchairs. Those modes of alternative transportation have been growing noticeably over the past few years for several reasons, such as health benefits, environmental awareness and leisure, or as a response to increased gasoline prices and our present economic situation. While the City of Springfield is making an effort to accommodate the increased need to make the roadways more multi-modal-friendly, motorists themselves need to develop the habit of looking for people who are taking to the streets using alternative modes of transportation.

Local crash data clearly shows the need to address pedestrian, bicycle and motorcycle crashes in our community:

In 2008, there were a total of 17 fatal traffic crashes in Springfield with 9 involving motorcycle drivers. There were only two motorcycle fatalities on Springfield’s roads in 2007. Through April 30 of this year, there have been 21 pedestrian crashes, of which 17 sustained injuries. In 2008, there were “only” 13 reported crashes involving a pedestrian in that same time period — with a yearly total of 53 pedestrians hit in Springfield. Also, through April 30, 2009, 16 bicyclists have been hit by motor vehicles, of which 13 sustained injuries. In the same time period in 2008 there were only 6 bike crashes. Throughout the year of 2008, a total of 71 bike crashes were recorded.

The numbers of pedestrians, bicyclists and motorcycles on our roadways are increasing, which is overall a positive development for our community. However, on the down side, most motorists have not yet realized that they also must adapt to having these alternative forms of transportation on our roadways.

Motorists need to develop safe practices, such as:

• Before making a right hand turn, always check your right mirror and blind spot for bicycles approaching on your right, and check cross streets for pedestrians and bikes that may be entering the street.
• Before making a left turn, check for on-coming motorcycles and bikes, and check the street for pedestrians walking in the crosswalk to your left before you turn. Motorists must yield to pedestrians whether they in or out of marked crosswalks.
• Always be extra alert when there is on-street parking, for pedestrians and especially children, who may step out between parked cars.
• After parking your vehicle, turn your head and check the street for bicyclists that may be approaching from the rear before you open your car door. Checking the car mirrors will not suffice.

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 Very often I am approached by a client who has an agreement they want me to take a look at.  Many of these contracts have arbitration clauses.   I always point out this provision and suggest  that it be removed.  Usually when I explain what arbitration is, how much it truly costs and the rights that are usually waived, the clients eagerly agree that it is probably not in their best interest.  In my opinion, it is usually used by a bigger company to deter a smaller company or individual from doing anything to protect their rights because of the costs involved.

I have on numerous occasions used the example of the arbitrator needing to be appointed for each case and that this can arguably lead to biased results.  The Wall Street Journal has a great article about a former employee who has filed a claim alleging some of the things that many attorneys have long feared about the arbitration process.  Obviously, these are just her allegations and have not been proven.

The United States federal and state court system is far from perfect, but it is still the best thing going to provide a fair resolution for both parties.

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 Here is a fantastic article in the Springfield News-Leader about a mock drunk driving accident at the Nixa High School.  The accident also involved texting while driving.  I thought it was interesting the change in the students demeanor as things played out.  

 I had a friend who died graduation night twenty years ago in a drunk driving accident that I still think about every time I pass the cemetery where he is buried.  When I ride by his house on my bicycle, I always think about his dad who buried his only son a few short years after his wife had died of cancer. It needs to hit home for new drivers. Some decisions can not be changed.

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 CNN is reporting that a Boston, Massachusetts  trolly driver was involved in a rear end collision  with another trolly while texting injuring 20 people.  The operator told detectives that, when he looked up, "it was too late as he applied the brake and the train struck the other trolley."

I hope the trolly drivers and bus drivers in Branson, Missouri do not follow this practice.

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 1. Seek medical attention as soon as possible. 

2.  Get as many photographs of the accident scene and vehicles or objects involved in the accident as you can.  If you fell, get pictures of what you believe made you fall. YOU CAN NOT TAKE TOO MANY PHOTOS.  Make sure you have them "developed"or printed and safely stored on disk.  Do not leave them solely on your computer.  Now is not the time to save costs.

3.  Keep all medical records and bills that you receive.

4.  Keep a running list of all health care providers see.

5.  Immediately make a police report in case of any motor vehicle, motorcycle or bicycle accident.   Get  a copy of the police report.

6.  Keep a careful list of witnesses' names and contact information.  Get the name of the manager of the premises for any premises or slip and fall injury.

7.  Keep a list of all expenses or costs including lost wages you believe attributable to the accident.

Save your  prescription drug bottles and any casts, hardware, pins, braces, screws.  Save damaged personal property like clothing, eyeglasses, bicycles.  Anything damaged in the accident

Don't speak to anyone without the advice of an attorney.

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CNN has a video of a bus driver texting before a crash.  This just goes to show how fast an accident can happen.

 www.cnn.com/video/#/video/us/2009/04/30/nr.sanchez.tx.bus.crash.cnn

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 I came across an article on CNN about a Twitter site for calling out bad driving.  It does say at the end that they should pull over.  I doubt that advice will be taken.  

Just what we need on the streets, roads and highways people twittering or tweeting to complain about the driving habits of people probably on the cell phone or texting wile driving.

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MoDOT announced last week that there was only one fatality in 2008 attributable to cross over accidents where cable guards are in place.  As I have written before, hopefully MoDOT will install these cables on US highway 60, Us Highway 65 and Missouri 13.

Guard cable installation has been complete on the state's two major interstates - 70 and 44 - for several years with tremendous results. In 2002, with only limited miles of guard cable installed on I-70, there were 24 cross-median fatalities. In 2008, preliminary statistics show there was one such fatality. I-44 had 25 crossover deaths in 2006. That number dropped to zero in 2008 thanks to the guard cable.

"When you think of the lives we've saved with something as simple as median guard cables, it's phenomenal," MoDOT Director Pete Rahn said. "These statistics aren't just numbers - they're family members and friends who are alive today thanks to these highway safety improvements."

The American Society of Civil Engineers has cited the success of Missouri's median guard cables in reducing highway deaths in its 2009 Report Card for America's Infrastructure. The society's recently released report card gave the nation's infrastructure a grade of D and said a five-year investment of $2.2 trillion is needed for improvement. However, it also cited positive examples, such as Missouri's guard cable installation, that demonstrate progress is being made.

"The cable barriers have performed successfully in Missouri, catching over 95 percent of vehicles entering the median," the report stated. "Most importantly, it is saving lives."

MoDOT has installed about 550 miles of guard cable in medians of the state's busiest highways - Interstates 70, 44, 29, 35, 55 and 435 and Route 67 - where congested, high-speed traffic was resulting in vehicles crossing medians and colliding head-on with vehicles going in the other direction. Additional guard cable will be installed on Interstate 470 and Routes 63 and 65 in the next few years.

Median guard cable, made of three strands of steel cable, is designed to "catch" a vehicle before it crosses into the opposing traffic lanes, bringing it to a stop before it collides with other vehicles. It's generally used where medians are 60 feet wide or less

 The American Society of Civil Engineers' issued the full report full report

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 That is how many drivers will be driving uninsured within the next year according to an industry funded research group.  The other thing in the article that I find interesting is the following:

The National Association of Insurance Commissioners, which represents insurance regulators in all 50 states, said most Americans were woefully uninformed about what was covered by their auto policies.

A quarter of Americans rarely or never review their policies, the association reported in a survey, while three-fifths review their coverage only when they file a claim or renew their policies. As a result, tens of millions of Americans are driving around with policies that don’t reflect major changes in their incomes and family situations, it said.

Insurance policies are complicated, and we all have the responsibility to review our insurance and tell our insurance agent of any changes, but isn't one of the main jobs of the agent, to explain coverage?  

Be sure and get as much uninsured and under insured coverage as you can afford.  I am always surprised when an injured client says their insurance agent never discussed it with them before the accident.  Unfortunately, I hear it far too often.

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Obviously, there are a lot of people out driving on the roads of the state of Missouri that are insured.  There is a new bill before the Missouri Senate, which i would be willing to bet was written by the insurance industry.  Under this act, an uninsured motorist waives his or her ability to have a cause of action or otherwise collect  for non economic damages or pain and suffering against a driver who is in compliance with Missouri Motor Vehicle Financial Responsibility Law due to a motor vehicle accident in which the insured driver at fault.

For purposes of the act, an uninsured motorists includes an uninsured driver who is the owner of the vehicle, an uninsured permissive driver of a vehicle, and any uninsured non-permissive driver.

The mandatory waiver of non economic damages imposed by the act shall not apply in cases where the accident was caused by a driver who was operating the vehicle under the influence of alcohol or drugs, or who is convicted of involuntary manslaughter or assault in the second degree.  So basically, if the insured driver was drunk, then a pain and suffering component of damages could be claimed

The waiver of non economic damages shall not apply in instances where his or her insurance policy was nonrenewed or cancelled for nonpayment, unless the driver had received notice from the insurance company at least 30 days prior to time of the accident.

In legal actions against a person who is in compliance with Missouri’s financial responsibility laws, the person who has waived his or her rights under the act shall have his or her award reduced by the amount representing noneconomic damages. The jury would not be informed of the effect of the waiver on the person's total amount of recovery.

Passengers in an uninsured motor vehicle are not subject to the noneconomic recovery limitations set forth in the act (Section 303.390).

Proponents of the legislation claim to want to encourage everyone to be insured. Instead this act punishes people severely injured in an automobile accident they did not cause. The insurance company will not have to pay as much in claims.  I do not want to promote the idea that people should operate a car, truck or motorcycle without carrying insurance, but is it really fair to limit the claims of the uninsured (poor) and injured?

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 The Springfield News-Leader has an excellent Op-Ed piece on hilltopping car crashes.  It includes some photos of the vehicles involved in the quadruple fatality last year.  I previous wrote about hilltopping here.

The Safety Council of the Ozarks encourages youngsters -- and parents -- to learn more about the challenges of teen driving in an organized fashion.

The council says, "Whether you're a parent who is anxiously anticipating your teen's novice driving experience, a family looking for guidance during the minimum two-year process a new driver goes through, or a teen unfamiliar with the surprisingly high risks that teenagers face behind the wheel, the National Safety Council's Family Guide to Teen Driver Safety is intended to be helpful to everyone involved."

The guide includes information on the transition from beginner to
independent driver as well as the permit process, risks of teenage drivers and safe driving behaviors.

The safety council also encourages parents to enroll in a one-hour seminar that provides insight to using the guide with a teen.

To learn more, call 800-334-1349 or 869-2121.

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There is currently a bill before the Missouri state Senate that would prohibit drivers from reading or writing text message while operating a moving motor vehicle. The bill does not affect the use of a wireless telephone as a telephone by the driver. However, the bill preempts the field of regulating the use of all wireless communication devices in motor vehicles. In other words, in the future, no municipality could regulate the use of a wireless phone by the driver of a vehicle. 

Click here for the full text of the bill.

I have previously written about this issue

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Hilltopping is when a driver accelerates over the top of a steep hill to simulate a brief feeling of weightlessness on the downhill side.

It seems like a couple times every year there is a major car crash accident involving teenagers or young people hill topping.  Just last year there was a quadruple fatality east of Springfield. I had a friend in college who lost her brother to a hilltopping accident.    That split second feeling of exhilaration can lead to a lifetime of heartache. 

Two women were in a hospital on Wednesday after the speeding motor vehicle in which they were riding crashed on Greene County Farm Road 94 known locally as Bluegrass Road. People who live near the crash site say it's not the first time a hilltopping accident has happened there.  The two women were not wearing seat belts and were ejected.

The wreck was just east of U.S. 65 about 3:30 a.m. Wednesday.   Troopers say the driver was going more than 100 miles per hour.  

Watch video interview  with the Missouri Highway Patrol.  

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 The News-Leader is reporting a  fatality in a four car motor vehicle car accident on I-44 near Stotts City. From the report, it appears that a pickup truck pulling a trailer crossed into the left lane, struck a vehicle and crossed the median killing the oncoming driver. In this case median barrier cables apparently did not work.

I do not know the facts of this particular case and make no comment about the fault of the drivers in this tragedy.  However as an attorney who travels I-44, Highway 65, Highway 60 and Highway 13 going to various courthouses around Southwest Missouri, frequently I see trucks (both pickup and semi trucks) whose drivers  are not fully concentrating on the task at hand, driving and controlling their trailer. Too may times I have seen drivers that have poorly tied down loads or have their trailer overloaded or are driving too fast for the conditions. Frankly some of these drivers act like they are not pulling a trailer at all, but rather like they are driving a sports car.  I cringe when I see these truck drivers talking on a cell phone. I hope that was not the case in this unfortunate instance.

Just last week I was on I-44 behind a gentleman pulling a junk laden pickup truck and trailer. It was a very windy March day and this gentleman was literally driving down the interstate using a lane and a half. He had a lit cigarette,was eating and obviously not concerned about how he was driving or the effect he was having on his fellow travelers. 

So many of the motor vehicle accidents, car crash and semi truck accidents that occur could be avoided if the drivers were only giving their full or even primary attention to the most important task at hand, controlling their vehicle.

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The Springfield News-Leader had an interesting letter to the editor from Paul Phariss.  Judging from the comments,  I don't think this would be politically very popular. The main thing that many people fail to remember is that driving is not a right, but rather a privilege.   I have written previously about Missouri's voluntary reporting law .

An open letter to the lawmakers of this state, and the federal government.

A few days ago, my stepdaughter and her 20-month-old baby were sitting at a red light, when they were suddenly hit from behind by a car going full speed. Miraculously, and due to her buckling herself and the baby in, they weren't seriously injured. The man driving the other car didn't see her or the red light. She drives a Jeep Grand Cherokee, a car equal in size to what Dave Barry used to refer to as a "subdivision." His car, a small pickup truck, was demolished. I asked her if he was drunk. She said no, just "very, very old" (her words.)

Before I go on, I'd like to point out that in spite of how youthful I look in the picture (!), I will be 65 when I next renew my driver's license. It's high time that a law was enacted requiring anyone over 65 to take a short behind-the-wheel competency driving test in traffic. It wouldn't take more than 10 minutes, and it could save a life. I don't mean to say this in a demeaning way, and I will be first in line to do it. The circle of life moves on, we all age, and our comprehension and ability to react in stressful situations slows. There's nothing wrong with that, it's just the way things are. My stepdaughter's gas tank was severely smashed in the crash. Supposing it had erupted and blown up, burning up the baby? How could the man and his family live with that? Not to mention us.

People will say there is no money to finance such a program. Fine. Charge each person an extra $10 to get a renewal. If each test averages 20 minutes, including the walk to the car, that's $30 an hour, certainly enough to pay the wages of the person administering the test, and their benefits. Considering the cost of gas, car insurance, a meal or two out a week, anyone should be able to afford $10 every four years. If not, the person couldn't afford gas and wouldn't be driving anyway. Again, I will be first in line, with my $10, next time I renew.

This is such a no-brainer, I'm amazed it hasn't already been done. I moved here from California in 1983, and was flabbergasted at how easy it was to get a license in this state; even more amazed at how easy to renew. Just an eye exam, which I can easily pass without my glasses, even though I would never consider driving without them. No written test, nothing. Trust me, there are people out there driving who have no idea what the state laws are. Not that they didn't have a rudimentary knowledge of them once, they've just forgotten them. In California, you pass a 60-question test every time you renew, or you don't renew! And no one complains, it's just common sense.

Come on, lawmakers. Let's set a precedent for the rest of the country, and maybe Claire McCaskill and Kit Bond and all the other congressmen could get together and create the first sensible national driving law.

Already much is being done to stop reckless teenage driving; time to work on the other end of the cycle.

 If you or someone you love has been involved in a car crash accident involving an elderly driver or driver charged with reckless driving in the Springfield, Branson, Lebanon, Southwest Missouri Northwest Arkansas area, contact The Krebs Law Firm LLC for a free consultation to answer your questions regarding your injury claims.

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I was standing in that cross walk where the truck is resting about 3-5 minutes before this.  I have no idea what happened here.  I didn't see or hear anything and was on my way to my car.  The police were giving an elderly gentleman a sobriety check. It occured in front of the courthouse and sheriff's department so they were on the scene immediately.

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According to the Springfield News-Leader, Branson Missouri remains a travel bargain among travel agents.

Branson was named a top budget-friendly destination by an organization of travel agents.

According to the American Society of Travel Agents, Branson is third on a list of places to visit that will not break the bank.

Branson was named to the list because of its senior-discount travel packages, because it is within easy driving distance for much of the country, according to a press release from the ASTA.

As these tough economic times unfold, please be on the look out for travel related scams.   Remember, if it sounds  too good to true, it probably is.  Here is some information I recently posted about Branson and Missouri time share and travel package law.

If you are injured while on vacation in Branson It is also important to get the facts of the injury together while you are still in the area.  Call a Branson Missouri slip and fall attorney as soon as you can.  Here are some tips for slip and fall and premises injuries.  We have successfully represented many tourists from out of state on their Branson personal injury case.

If you are injured in a motor vehicle accident such as a car wreck, semi truck crash or motorcycle accident while on your Branson vacation.  The following is from a previous post:

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Here is some great advice from the Texas Injury Law Blog.  They are exactly correct, being able to document your injury is vitally important.  It is also important to keep any damaged or stained clothes and broken glasses in the same condition as after the accident.

Here is the full Texas Injury Blog post.

It’s very difficult to keep a cool head after an auto accident. Gathering evidence, talking to witnesses on the scene, taking photographs and taking down important information is the last thing you want to deal with following a jarring and perhaps traumatic event. However, if you want to make sure you are covered, and ultimately compensated, for all of the damage done, you will need to keep track of the facts, the paperwork, and the people involved.

Following is a checklist of information you will need to help support the duration and depth of your personal injury/pain and suffering claim. You can use this checklist to organize your information, information you will ultimately use to discuss your claim with an insurance company or to hand over to an attorney.

The Accident

Driver information: Obtain and exchange information with all other drivers such as name, license number, tag number, insurance company name, policy number.

Photographs: Take photographs of your injuries, the damage to all vehicles and of the scene of the accident in general.

Police report: Get a copy of the accident report if police responded.

Witnesses. Keep a record of all names, addresses, phone numbers and email addresses.

After the Accident

Medical expenses. Log all office visits, prescriptions, over-the-counter medications, laboratory services, physical therapy, hospital visits, treatments, medical documents, and x-rays, including names, dates of visits, amount charged and reasons for seeing the medical providers.

Lost work time: Keep a log of all time taken off from work as a result of the accident, including time off for medical treatments and/or the inability to function properly at work due to your injuries. Get a letter from your employer verifying pay and lost time.

Lost school time. Document all lost school time and/or inability to continue with school work as you did before the accident.

Photographs: Continue to take photographs of your injuries at different times after the accident. Write the date on the back of the photo.

Witnesses. Contact them for a written statement before too much time lapses.

Pain, discomfort, emotional distress, fatigue, tenderness, inconvenience, etc.: Keep a daily log of your thoughts, feelings and experiences on a day-to-day basis, documenting how the injuries have interfered with your daily life and relationships.

Car repair estimates and/or bills: Car repair estimates are necessary to get your car fixed. However, estimates provided by your insurance company can sometimes be lower than you might have expected. If unsatisfied with an initial estimate, take the automobile to a certified mechanic for another estimate. Be sure to save all of the bills and repair paper work associated with the repair.

Out of pocket expenses: Keep records/receipts of everything you’ve paid for out-of-pocket relating to or as a result of injuries suffered in the accident. For example, heating pads, ace bandages, child-care expenses, cancellation of a vacation trip or event, clothing, taxi service or rental car, etc.

What You Need to Know:

Seek medical attention immediately after an accident!

Do not admit fault immediately after the accident.

Diligently follow through with all medical treatments.

Do not answer any questions from the other side’s insurance company or attorney or sign any forms without approval from your attorney.

Do not settle your case until all necessary medical expenses, present and future, are known.

Keep copies of everything (all documents, bills, medical records, etc.).

If you or someone you love has been involved in a car crash accident  in the Springfield, Branson, Lebanon, Southwest Missouri area, contact The Krebs Law Firm LLC for a free consultation with a lawyer regarding your injury claims.

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 Terry Ganey of the Columbia Tribune has a great report about the new bill before the Missouri Legislature to ban texting while driving and the use of cell phones by school bus drivers.  I would hope that ever school district in Missouri already has a policy against their drivers from using cell phones while driving students.  

Blah, blah, blah. That woman who blithely ran the intersection’s red light, her cellular telephone stuck to her ear, what could she be talking about?

Blah, blah, blah. That young man on the cell phone behind the wheel of the car that nearly mowed you down as you crossed the street, what could be so important?

So far, the Missouri General Assembly believes everyone should have the right to drive a car and carry on these conversations despite what it might mean for traffic safety. For years, efforts in the legislature to prohibit automobile drivers from using cellular telephones have been unsuccessful.

Now there is a new attempt — to outlaw text-messaging while driving and to prohibit school bus drivers from using cell phones while transporting pupils.

“We need to change our mind-set about this dangerous behavior,” said state Sen. Ryan McKenna, D-Crystal City, the sponsor of both bills.

The article goes on 

Figures supplied by the Missouri State Highway Patrol show about 23 percent of the 900 fatal traffic crashes in 2007 were caused by inattention. Of that number, more than 6 percent of the fatal accidents were because of cell phone use.

McKenna presented his two bills to the Senate Transportation Committee last week. He said he had witnessed people driving while reading the newspaper, putting on makeup or eating cereal. Text-messaging is more serious, however, because it can become a compulsion.

“More people aren’t paying attention because they are texting while they are driving,” McKenna said. “What we see out there now, especially among young folks, is text messaging and not understanding how dangerous the vehicle they are supposed to be operating is. A lot of tragic things can happen.”

A joint survey conducted by AAA and Seventeen magazine of 1,000 teenagers in 2007 showed 61 percent admitted to risky driving habits. Of those, about half said they sent text messages and talked on cell phones.

 I couldn't agree more, in December I wrote about the texting while driving issue here and here.  I find it amazing that 6% of the fatal accidents are cell phone related.  I would be willing to bet it could be more, if there were a way to prove people checking their phone for messages in the moments immediately before the accident.  

If you or someone you love has been involved in a car crash accident involving a driver distracted by texting or a cell phone call or a driver charged with reckless driving in the Springfield, Branson, Lebanon, Southwest Missouri area, contact The Krebs Law Firm LLC for a free consultation with a lawyer regarding your injury claims.

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Two sections of Mo. 125 between Bull Shoals Lake and U.S. 160 in Taney County will be closed until around 1 p.m. as work crews removed downed trees and power lines, according to the Missouri Department of Transportation.

MoDot is also reporting several weather related traffic incidents and road closures around the Branson Tri -Lakes Area.

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Below is a article from the News-Leader.  I am not sure that I agree with the traffic division.  I think an argument could be made that the reason there were fewer accidents is the increase in gas prices over the summer meant that fewer cars were on the road.  That may also account for the increase in motorcycle fatalities.  I wish the city of Springfield would have shown a monthly breakdown of the car crashes.

Springfield had the lowest number of traffic crashes in nearly 10 years in 2008, but fatalities nearly doubled, according to the city's Traffic Engineering Division.

There were 7,486 reported traffic crashes in the city of Springfield in 2008, the lowest total since 1997.

But there were 17 fatalities in 2008, compared to nine in 2007.

The 2008 fatality total is in line with yearly averages during the past six years.

Nine of the fatalities involved motorcycle crashes, the report noted.

Traffic crashes decreased by 4.6 percent and property damage-only crashes decreased by 4.9 percent compared to 2007.

The crash reduction represents a savings of more than $20 million, based on the cost per crash calculated by the National Safety Council.

The traffic division attributes the reduction in crashes to better driving along with improvements in engineering, enforcement and education.

If you or someone you love has been involved in a car crash or motorcycle accident in the Springfield, Branson, Lebanon, Southwest Missouri area, contact The Krebs Law Firm LLC for a free consultation regarding your injury claims.

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Here is the News Leader report.  Glad to hear that there are no serious injuries.  This is gong to make the drive home for many (including me) a lot more difficult.  Be prepared to wait and don't make the situation any worse by causing another car crash.

 Here is the video link

Northbound U.S. 65 could be closed 8-9 hours

NEWS-LEADER STAFF • JANUARY 21, 2009

Springfield police estimate it will take eight to nine hours to clear a section of northbound U.S. 65 after a semi truck crashed on a section of the highway crossing over Catalpa Street.

Police are rerouting traffic around the crash, which occurred about 10 a.m. when the tractor-trailer struck the highway guard rail, ripping off one of its rear axles.

Lt. Kirk Manlove said damage to the truck and bridge are the cause of the expected delay.

“(The Missouri Department of Transportation) needs to look at the bridge and make sure that there’s no structural damage,” he said. “There’s quite a bit of debris that needs to be picked up ...

“It’s just going to take some time.”

In the meantime, northbound 65 will remain closed from Sunshine Street to Chestnut Expressway, Manlove said.

Motorists are being diverted onto Sunshine and may continue north on other routes, but Manlove warned that Eastgate Avenue — a two-lane street running parallel to 65 on the east — is extremely congested and drivers should consider taking Glenstone Avenue north to Chestnut.

The Springfield Fire Department, MoDOT, and Missouri Highway Patrol commercial vehicle inspectors were assisting on the scene, police said.

Firefighters were working to contain and clean up diesel fuel leaked from the damaged vehicle, but none had caught fire, Manlove said.

No other vehicles were damaged during the initial crash and the truck’s driver — who has not been identified — did not appear to have been seriously injured.

When approached at the scene, the driver told a News-Leader reporter he did not want to comment on the record.

A witness, Craig Jackson, said he saw the truck swerve then slide along the railing of the bridge.

“We went up to the driver and asked him what happened, if he fell asleep or anything, and he said ‘I don’t know what happened,’” Jackson said.

“He was over here in the slow lane, looked like he swerved to the fast lane, heard a big bang, saw smoke flying ...

“The truck took a sharp turn and he went sliding right down the bridge. He’s lucky he didn’t go off of it.” 

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I had a court appearance in Christian County today and a meeting in Branson.  On the way there I passed through a small work zone.  As I slowed down, a semi truck and a following SUV (driver was on the cell phone) came around and kept going at full speed without slowing at all.  It was snowing and  both motor vehicles came within a few feet of one of the workmen.  As a testament to their bravery and probably the sheer number of times they are subjected to this danger, he casually moved out of the way.  Amazing.   Lets slow down and give these guys a break.

From MoDOT

In 2008, MoDOT will continue working toward improving 5,600 miles of roadway by the end of 2011, which will bring 85 percent of Missouri’s roadways up to good condition. Called Better Roads, Brighter Future, the program targets highways carrying 80 percent of all traffic on the state highway system – that’s 103 million miles traveled a day. These improvements mean many work zones across the state. We can manage our work zones, but we need your help to keep work zones safe.
Thank you for driving smart.

In 2007, 5 people were killed in work zones, which is a 74% decrease in deaths from 2006 when 19 people were killed. Thank you for driving smartly!
There were approximately 800 people injured in 2007 work zones, compared to 1,190 in 2006. This is a decrease of more than 30%.
Between 2002 and 2006, 113 people were killed and 6,582 people were injured in Missouri work zones.
Since 2000, eight MoDOT employees have been killed in work zones.
Inattention, exceeding the speed limit and following too closely are the leading causes of work-zone crashes.
The number one reason people die in traffic crashes in work zones and elsewhere is failure to wear safety belts. In 2007, of the 978 fatalities, 778 were occupant fatalities. Of the occupant fatalities, 67 percent of vehicle occupant fatalities were not wearing a seat belt.

Drive Smart in Work Zones to Arrive Alive

Here are some helpful tips:

Buckle Up! – Every trip, every time – safety belts save lives.
Stay Alert! – Dedicate your full attention to the roadway.
Follow Signs! – They’ll guide you through work zones safely.
Expect the Unexpected! – Watch for flaggers, workers and equipment.
Pay Attention! – Turn the radio down and don’t use your cellular phone.
Be Patient! – Remember workers are improving the road for future travels.
Don’t Speed!– Follow posted limits and adjust for weather conditions.
Don’t Drink and Drive! – Impairment of any kind is unacceptable.
Be Nice! – Merge early, don’t tailgate and don’t change lanes in a work zone.
 

Here's the three "S's" of managing work zones safely. Speed, Space and Stress. Handle these three factors and you're almost home free.

MANAGE YOUR SPEED:

Slow Down when approaching all work zones. You will be in the work zone quicker than you think.
Follow Posted Speed Limits, especially within construction zones, and try to maintain a consistent speed with the traffic flow. And adjust your speed for weather conditions.
Don't Resume Normal Speed until you see roadway signs indicating it's safe to do so.

MANAGE YOUR SPACE:

Leave Room. Leave adequate braking room between your vehicle and the one ahead of you. Count out at least two seconds from the time the car ahead of you passes an object and the time your own car passes that object. Also, keep a safe distance between your vehicle and traffic barriers, trucks, construction equipment and workers.
Don't Pass on the Shoulder. Don't drive across the median. This creates a very dangerous situation for you, construction workers and other motorists -- not to mention the steep fine.
Leave Yourself an Out. When stopped in traffic, leave a safety zone between you and the vehicle in front of you. A good rule of thumb is that when stopped in traffic you should be able to see the bottom of the tires of the vehicle in front of you.
Watch Out for Tailgaters. Do not force tailgaters to back off by slamming on your brakes or reducing your speed significantly. This practice can lead to road rage and increases the chances of a collision. When possible, pull over and let them pass. If this is not possible, turn your headlights on and off several times during daylight hours to illuminate your tail lights and warn tailgaters they are too close. If at night, lightly tap your brake pedal to illuminate your brake lights.

MANAGE YOUR STRESS:

Keep Your Cool. Calm down and don't rush. Remember, the temporary inconvenience of a construction zone will pay off with greatly improved roads soon.
Pay Attention. Avoid cell phone or radio distractions, as well as those of other stopped cars or construction.
Expect Delays. Use the MoDOT Work Zone map on this Web site and other available information to keep yourself informed about construction on your route. Leave a bit earlier, if necessary, to arrive at your destination on time. Consider using an alternate route that bypasses the construction zones.

If you or someone you love has been involved in a car crash accident, construction zone accident or other personal injury or workers compensation claim involving a driver charged with reckless driving in the Springfield, Branson, Lebanon, Southwest Missouri Northwest Arkansas area, contact The Krebs Law Firm LLC for a free consultation regarding your injury claims.

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It is all too often that a family  dealing with aging parents or grandparents must make a tough decision  to have the discussion with the elderly family member that it is time to stop driving.  It is a very difficult to tell a loved one that they are no longer capable of driving.  For many it means a loss of independence for the driver and additional responsibility for family.  My law office is located near several medical office buildings.  It is almost a daily occurrence to see an elderly driver heading the wrong way through the office park.  Missouri has a law designed to serve as a way for concerned family members, doctors and other professionals to anonymously report at-risk drivers without fear of reprisal.

The law ensures licensing decisions are based on a person’s functional performance and medical fitness to drive safely – not their chronological age; although the study found that the average age of reported drivers was 80 years old.  Missouri’s voluntary reporting law allows concerned family members, police officers, physicians, license office staff and others to report potentially at-risk drivers for re-evaluation and possible license revocation if they are found to be medically unfit to drive. In part, the law is in response to the efforts of the Suroff family of St. Louis, who lost their 21-year-old son, Jason, to a 92 year-old wrong-way driver with dementia. Missouri is one of 44 states to allow voluntary reporting (six states have mandatory laws).  AAA has made a recommendation that Missouri's law be implemented nationwide.

Researchers found that most reported drivers voluntarily gave up their licenses or opted not to follow through with the appeal process, which involves submitting a physician’s statement within 30 days. Based on the health status of the reported driver and physician recommendations, state licensing officials can implement immediate license revocation or require on-road testing to certify ongoing fitness to drive. At the completion of the study, only 144 of 4,100 (3.5 percent) of reported drivers retained valid licenses. While crashes and other on-road incidents were important factors in these drivers (one third were involved in crashes within 0-6 months prior to being reported), subsequent crash data indicate that these individuals likely ceased to be active drivers.

Unfortunately too many times family members don't take action until a car crash  has aldready occurred.  Many  elderly drivers are underinsured and can run the risk of having personal assets at risk in the event of a serious motor vehicle accident.  

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 We have been busy here at The Krebs Law Firm LLC.  I meant to discuss this important article in the Wall Street Journal some time ago.  It is an interesting write up and discussion about the ripple effect of the current economic woes.  

Missouri requires Uninsured Motorist coverage in all polices, unfortunately most people only opt for the minimum coverage of $25,000/$50,000.  My advice, buy as much Uninsured (UM) and Under Insured Motorist (UIM) coverage as your agent will allow you.  The insurance companies have figured this out and will typically make you increase your liability coverages to an equal amount.  Go ahead and do it to the maximum level you can afford.  I not promoting the insurance industry, but very often this is the only source of funds that you have any chance of recovering from in the event that you are injured by a driver with no insurance or with very little coverage.

Does this mean that your insurance will pay you no questions asked, absolutely not.   We have numerous cases in our office were we are fighting our own client's insurance company and not the negligent driver that caused the car crash, but the alternative is much more grim.  In this day and age with spiraling health care costs, an ambulance ride can easily top $1,000.00.  By the time every doctor and nurse that walks by your room bills you, a short hospital stay of 2 or 3 days can run in excess of $50,000.00.  This says nothing of pain and suffering and lost wages from work.

"A good proportion of people on the road are either uninsured or under insured, and so you have to protect yourself," said Robert Hartwig, president of the Insurance Information Institute, a nonprofit group. "Your odds of being in an accident with an uninsured driver are substantial."

Preliminary data from the council's forthcoming study "indicate that a single percentage point increase in the unemployment rate is associated with a half-point increase in the percentage of uninsured drivers," said David Corum, council vice president. The nation's jobless rate was up two percentage points to 6.7% in November from a year earlier.

If you or someone you love has been involved in a car crash accident involving a Uninsured or Under Insured Motorist in the Springfield, Branson, Lebanon, Southwest Missouri Northwest Arkansas area, contact The Krebs Law Firm LLC for a free consultation regarding your injury claims before you negotiate with your insurance company.  Very often your own adjuster will form an opinion of your case that may not be accurate and value your claim incorrectly.

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Here is some good news from the Missouri Highway Patrol.  I suspect that injury accidents are going to be up.  There are so many cases involving driver distraction, be it on a cell phone or text messaging while driving.

 Missouri Experiences Significant Reduction In Traffic Deaths


The Missouri State Highway Patrol is pleased to announce Missouri has experienced a 27 percent decrease in fatalities over the past three years. The complete breakdown of statistics is as follows:

From 2005 to 2006, Missouri led the nation with a 13 percent decrease in traffic fatalities.
From 2006 to 2007, Missouri experienced a nine percent decrease in traffic fatalities.
From 2007 to 2008, Missouri saw a five percent decrease in traffic fatalities.*

“I am very pleased with the reduction of fatal traffic crashes in Missouri over the past three years,” stated Colonel James F. Keathley, superintendent of the Missouri State Highway Patrol. “All of our troopers work every day to encourage safe driving and reduce traffic fatalities. We are committed to working with our traffic safety partners to further reduce the number of traffic deaths in our state. This is our primary responsibility and I believe we are doing a commendable job as evidenced by the fantastic reductions," stated Colonel Keathley.

The Missouri State Highway Patrol urges motorists to continue to do their part to keep the numbers moving in the right direction. Motorists should obey the speed limit, pay attention, never drink and drive, and always fasten their seat belt. Missourians can help further make the roads safe by reporting dangerous drivers to the Patrol’s Emergency Report Line at 1-800-525-5555 or *55 on a cellular phone.

*Note: 2008 fatality totals may change due to late deaths.

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Here is a startling account of a drunk driver accident and the aftermath from the Harrison Daily News, by David Holsted.  

They are words that were forever seared into Steve Powers’ brain.

“To hear your kids scream ‘I’m gonna die! I’m gonna die!’ It’s something I’ll never forget,” Powers said.

Steve Powers holds up a back brace that was worn by his son, Daniel, after his spine was crushed following an accident involving a drunk driver.

Powers, the pastor of the Northside Church of Christ, was the featured speaker at the Be a Winner graduation at Harrison Middle School on Dec. 19. The 12-week program, which is taught to sixth-graders by school resource officers Leslie Nichols and Jerry Morgan of the Harrison Police Department, deals with such topics as peer pressure, decision making, media pressure, drugs, alcohol and tobacco.

Powers, who is also the president of the middle school PTA, knows first-hand the consequences of making a bad decision about alcohol. He and his family were the victims of a drunk driver on Jan. 5, 2008.

As Powers spoke of the awful events of that night, he didn’t need any notes. He was speaking from the heart, he said, speaking of things that will forever be in his mind.

The family was returning from an enjoyable evening at their favorite restaurant in Branson, when Powers received a call on his cell phone. Heeding his own advice of never talking on the phone while driving, Powers pulled his minivan to the shoulder of the highway near Bear Creek Springs.

Within five seconds, he told his audience, a car, going 60 mph, smashed into the rear of the minivan.

“Everything was quiet for a second,” Powers said, “then everybody started screaming at the top of their lungs.”

Powers was horrified to see his sons, Zachary and Daniel, wedged into the mangled rear of the van. The car had struck the Powers’ vehicle with such force that the driver was now inside the back of the minivan.

Using a pocketknife given to him by a motorist who stopped to help, Powers frantically cut through seat belts and seats to get his children out.

Daniel Powers, whose spine was crushed in the accident, has had to endure two surgeries to hold his back together. The financial cost has been staggering.

“I didn’t do anything wrong,” Powers said, holding up a notebook containing $100,000 worth of medical bills the family has incurred.

The worst part of taking drugs or alcohol, Powers told the students, is that it brings out the worst part of a person’s personality. If you have a bad temper, it comes out, he said. If you are a person who’s depressed, it comes out.

Powers saw first hand the negative effects of alcohol when he went to the hospital from the accident scene.

“The man who hit us was mean,” Powers said. “He was cursing. He wanted to leave. Was he a bad person? Probably not, but that’s what drugs and alcohol will do to you.”

Even now, Powers went on to say, while driving, he finds himself looking over his shoulder. He urged his young audience to make good choices.

“The purpose of my talking with you,” he said, “is that I don’t want it to be you. We live and die by our choices.”

Middle school principal Harry Branch voiced his enthusiastic support of the Be a Winner program and the cooperation between the school district and the police department to provide the students with the information needed to make good decisions.

“As you go through life, your decisions will become critical,” Branch said. “I’ve seen kids make some good decisions and some bad decisions. The difference is stark. The kids who make bad decision after bad decision — I’m not going to pull any punches with you — they’re dead.”

Each sixth-grader was presented with a certificate recognizing his or her completion of the program. Morgan, Nichols and Harrison police chief Patrick Murphy congratulated each student.

If you or someone you love has been involved in a car crash accident involving a drunk driver or a driver charged with reckless driving in the Springfield, Branson, Lebanon, Southwest Missouri Northwest Arkansas area, contact The Krebs Law Firm LLC for a free consultation regarding your injury claims.

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From the Springfield News-Leader.  

Springfield streets were at once both deadlier and safer in 2008.

Total traffic crashes, as well as accidents that resulted in injuries, declined through November. But the number of fatal accidents doubled compared to 2007.

Motorcycle riders were particularly vulnerable, accounting for six of the eight people killed in traffic crashes during the first six months of the year. Of the 16 fatal crashes recorded through November, nine involved motorcycles.

To address the deadly trend, Springfield police on July 1 launched Operation Safe Ride, an effort aimed at curbing dangerous behavior by motorcycle riders and drivers of four-wheeled vehicles who put them at risk.

Officers -- including 11 Springfield motorcycle cops -- targeted intoxicated driving, speeding and compliance with the state's helmet law as part of the effort.

Police spokesman Officer Grant Story said the department hasn't conducted a statistical analysis of Operation Safe Ride's effects, but anecdotal evidence is positive.

The last fatal crash involving a motorcycle occurred Aug. 30.

"We're hearing a lot of feedback from the public that they're more aware of motorcycles," Story said. "One of our main goals was public awareness. Fatality numbers go up and they go down every year, so it's hard to address the trend except through public awareness, and we think we achieved that."

Tough To Address

City Traffic Engineer Earl Newman said the increase in fatalities is difficult to address directly.

"That can vary from year to year and it looks huge in the differences sometimes," he said. "But it's not something that you can particularly concentrate remedial actions towards."

Instead, most efforts focus on reducing total crashes with the idea that injuries and fatalities will decline, as well.

In that regard, 2008 was an improvement.

Injury crashes declined by 4 percent, while the total number of crashes was down 6 percent compared to the year before.

"We're probably going to finish out around 7,400 (total crashes) this year," said City Traffic Engineer Earl Newman.

Barring a flurry of holiday accidents, that will amount to a reduction of about 1,000 crashes compared to a decade ago, he said.

"Over the years we've been coming down," Newman said. The improvement represents considerable savings when the monetary costs traffic accidents are considered. "Just on that basis, we have reduced the economic loss by about $20 million. So it's a huge savings to the community."

Newman attributed the reduction in crashes to a combination of efforts, including police enforcement, intersection improvements, the city's conversion to LED traffic signals and addition of red-light cameras, as well as the Missouri Department of Transportation's installation of median safety cables on Interstate 44.

Even the monthly Crash Report Cards issued by the city appear to have had an effect on public awareness.

"We started that report card about two and a half years ago and we've done it monthly since; we've seen a continuing drop in crashes," he said.

Newman said the continuing rollout of red light cameras will be something to watch in 2009, and city engineers will be studying the effect of reduced neighborhood speed limits.

The reduction, completed this month, caps speeds on many neighborhood streets to 25 mph.

"It's going to take a little while to see the full result of that," Newman said, adding that several traffic-speed studies are planned for early spring.

"If we have the same effect we had in the Rountree (pilot) area, we should achieve a 3-5 mph reduction just by making this change."

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Here is a Springfield News-Leader Editorial that makes a lot of sense.  Call your Missouri state senator or representative.  Especially if you ride a bicycle or motorcycle on Missouri roads.

Missouri lawmakers should support a proposal banning new drivers from using cell phones.
DECEMBER 16, 2008

SFETE! TISC!! I PAST!!!

In cell-phone text that means: "Smiling from ear to ear. This is so cool. I passed."

Currently, there's no prohibition in Missouri against a new, 16-year-old driver text-messaging his friends -- just as soon as he drives away from the license center -- that he's now a legal driver.

Evidence mounts that distraction caused by such messaging is more dangerous than driving after drinking.

But texting while driving remains perfectly legal, no matter your age or driving experience.

During a rainstorm, through a school zone, while taking little sister to day care -- all legal, even if the driver hasn't yet learned how to check for a blind spot on his left.

Wisely, some Missouri legislators plan to again debate cell phone restrictions during the next session. Several lawmakers have said they want to try to limit the use of cell phones for everyone. Some want to require hands-free listening devices.

Attempts to enact cell-phone laws last year failed. We hope that this year the lawmakers will focus on new drivers, as Rep. Charlie Norr, D-Springfield, is suggesting. We think they should be forced to spend at least their first year as drivers phone-free.

Norr, a former firefighter in Maryland, said the dangers of trying to drive while distracted are widely known, and have caused much carnage. He is realistic enough to know that lawmakers cannot do anything about many of those distractions -- like eating or trying to handle business matters by phone while on the road -- but he is hoping to push legislation this session focusing on the young drivers.

Of course, some will call such a restriction "ageism," or presumptuous or an overreaction. Those arguments should be ignored. Driving is a privilege, not a right, and studies routinely show that teenagers take too many chances on the road.

It's bad enough to have the loud friends in the back seat, or windy, hilly roads, or bad weather. Leave the cell phone out of the equation, at least long enough for a teenager to have some sense of the responsibility -- and the danger -- that comes when you get behind the wheel. 

I would also suggest reading Andy Clines post on the subject

Also see my previous post and watch the video.  

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 Here is some great advice from The Memphis Injury Law Blog by James K. Ferrell

Jami practices personal injury law in Tennessee and Mississippi, so I have changed his references from those states to Missouri and Arkansas where The Krebs Law Firm LLC represents injury victims and their families.  Regardless of where the car crash, semi truck or motorcycle accident occurred, the advice is spot on

1. PULLOVER RIGHT AWAY: If you can, move your car off the street or to the side of the road. Not stopping after an accident could case you to be guilty of the criminal offense of leaving the scene of an accident or hit and run.

2. E-911: If anyone is hurt, call 911 right away and ask for the police and an ambulance if needed.
3. PHOTOS, PHOTOS, PHOTOS: Take LOTS of pictures of the scene of the accident, the damage done to any cars or trucks, and of any injuries you might have. (I have talked about it before, but see Jami's previous post about photos here.)

4. NEVER ADMIT FAULT: Do not tell anyone that you were at fault. Often times you are in a state of shock and might not be aware of what really occurred.

5. GET THE OTHER DRIVER 'S INFORMATION: Exchange all of the following information with the other driver involved in the wreck, name, address, phone number, driver's license, vehicle year, make, model, color, and license plate number, and insurance information, including company, policy number, effective dates of policy, and telephone number.

6. SEE IF THERE WERE ANY WITNESS' AND GET THEIR INFORMATION: Get their name, address, and telephone number. Make sure you do this for each witness.

7. TELL THE POLICE OFFICER ABOUT YOUR INJURIES: If you are hurt, tell the police officer. The record of your injuries will be put in the investigating officer's report. If you don't mention to the police officer that you were injured, the insurance adjuster who will ultimately evaluate your claim might not believe that you were really hurt in the accident.

8. GET IMMEDIATE MEDICAL TREATMENT: If you are hurt get medical treatment right away. Go to the nearest emergency room or to your personal doctor. An injury, if left untreated, may become substantially worse. If you don't seek treatment or delay getting medical treatment, an insurance adjuster may suspect that you are not genuinely injured and discount your claim.

9. CALL YOUR INSURANCE COMPANY: Tell your insurance company about the wreck but do not talk to the other driver's insurance company or any adjuster. Usually a claims adjuster for the other driver will be assigned to your claim before you get a lawyer. This usually happens within a day or two of the accident. The adjuster will request permission to take a recorded or written statement (and even if he doesn't request it you can bet he's probably recording your conversation). If you are considering hiring a Missouri or Arkansas personal injury lawyer, you shouldn't give a statement any insurance adjuster for the other driver. Anything you say can seriously jeopardize your case without you even knowing it. Just tell the adjuster that you have decided to hire an attorney, and instruct him or her to refer all further questions to your attorney.

10. CALL A MISSOURI OR ARKANSAS PERSONAL INJURY LAWYER : If you are seriously injured don't try to settle your own claim. A good Springfield, Branson Southwest Missouri or Northern Arkansas personal injury attorney will generally be able to get much more money for you than you will be offered in settlement by an insurance adjuster, even when you take into account attorney's fees. If you do choose to accept a settlement for your injury without hiring a lawyer, you may receive a settlement that doesn't adequately pay you for permanent injuries and damages. If you're not sure whether to settle, talk to a lawyer who handles personal injury cases.

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From the Springfield News-Leader

Six intoxicated motorists were arrested Friday night during a sobriety checkpoint in Branson, according to a statement from the Branson police chief.

The statement said the checkpoint took place on Missouri 165 near Fall Creek Road between 9 p.m. and 2 a.m. In addition to the six intoxicated drivers, the checkpoint led to several other arrests and violations including misdemeanor and felony warrants, firearm violation, no valid driver’s license, failure to register vehicle, driving while revoked and no insurance.

The checkpoint was set up by the Branson Police Department, the Taney County Sheriff’s Department and the Missouri Highway Patrol.

If you or someone you love has been involved in a car crash accident involving a drunk driver or a driver charged with reckless driving in the Springfield, Branson, Lebanon, Southwest Missouri area, contact The Krebs Law Firm LLC for a free consultation regarding your injury claims.
 

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Here is a write up from the Branson Daily News

Drunk drivers will be targeted during the holiday season.

According to a press release from the City of Branson, local and state law enforcement officials will be conducting an unspecified DWI checkpoint during the month of December.

“Typically during the holidays, there are more people driving motor vehicles while under the influence of alcohol,” said Branson Police Chief Caroll McCullough. “This is an effort to reduce the number of impaired drivers.”

McCullough said the time and place for the checkpoint is a secret.

“If those who have been drinking too much know that somewhere in our city is a DWI checkpoint, they may be more likely to turn their vehicle keys over to a sober, designated driver.”

McCullough said all too often, members of the community are senselessly injured or killed on local roadways by intoxicated drivers.

“This DWI checkpoint is an effort to reduce those tragedies,” he said. “This is very important to the community.”

McCullough said publicizing a DWI checkpoint is a proven and effective method for deterring motorists from drinking and driving.

“Depending on the traffic volume and weather, all vehicles may be checked and drivers who are under the influence of alcohol or drugs will be arrested,” McCullough said. “Our objective is to send a clear message to those who are considering driving a motor vehicle after consuming alcohol or drugs. If they’re over the legal limit, they’re under arrest.”

The press release said funding for this targeted operation is provided by a grant from the Missouri Department of Transportation through the National Highway Traffic Safety Administration. McCullough said residents and visitors are also encouraged to help keep roadways safe by calling 911 if they see a suspected impaired driver. 

If you or someone you love has been involved in a car crash accident involving a drunk driver or a driver charged with reckless driving in the Springfield, Branson, Lebanon, Southwest Missouri area, contact The Krebs Law Firm LLC for a free consultation regarding your injury claims.

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This video from New Mexico shows how quick a car crash can happen.  These drivers were driving with too much speed for the conditions.

This week in Southwest Missouri we had our first ice of the 2008-2009 winter driving season.   Sadly within hours of the ice starting there was a fatal accident.   On my way to the courthouse the next morning I saw many people who seemed not to care about the conditions.  Many were driving like it was a sunny July day.  These people were speeding, talking on their cell phones, putting on makeup or eating breakfast while driving.  Things they shouldn't do at all while driving, let alone in poor conditions.  Any one of these can lead to a car accident.

Plan ahead and leave for your destination a little early.  The hills and bridges here in the Ozarks and Springfield Branson area can remain icy and retain the dangerous conditions for some time even as the temperatures rise above freezing, so please slow down.  

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National Highway Traffic Safety Administration (NHTSA) data show that, each year, on average:

More than 300,000 teens are injured in car crashes

Nearly 8,000 teens are involved in fatal crashes

More than 3,500 teens are killed

NHTSA research also shows that teen drivers are involved in more than five times as many fatal crashes as adults. Young drivers are more likely to speed, run red lights, make illegal turns, and die in an SUV rollover.

With the message “Speak Up,” the UR the Spokesperson campaign targets young adults between the ages of 15 and 21 and encourages them to be the spokesperson against reckless driving by empowering them to speak up when they are in the car with friends and don’t feel safe; increase awareness of the dangers of reckless driving; and educate teens on safe driving..

The campaign seeks to increase awareness about the dangers of reckless driving and educate teens on how to be safe drivers by focusing on safe speeds, avoiding distractions, wearing seat belts, and understanding the differences associated with driving SUVs.

If you or someone you love has been involved in a car crash accident involving a teen driver or a driver charged with reckless driving in the Springfield, Branson, Lebanon, Southwest Missouri area, contact The Krebs Law Firm LLC for a free consultation with a lawyer regarding your injury claims.

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It has been a tough month or so for bicyclists around Springfield and Southwest Missouri.  

Here is a bizarre story that happened last night in Springfield, Missouri.  I certainly hope that this injured man has a speedy recovery.  I fear that the driver will have no insurance.  

This follows another incident from November in which a bicyclist was shot by people believed to be sighting in their deer rifle.

I spend a lot of time of a bicycle.  It is my primary hobby and I routinely see people completely disregard bicyclist on the road.   It may be pulling out in front of us, passing too close, passing while coming up to an intersection, passing then immediately stopping to turn.  

It is important for bicyclist to carry plenty of uninsured/under-insured motorist coverage on their automobile policy.  Make sure you discuss it with your insurance agent and put your requests for coverage in the event of a bicycle accident in writing to your agent.

Unfortunately for many riding a bicycle is not a hobby like it is for me, but their primary source of transportation and they have no applicable insurance coverage.

The Missouri Bicycle Federation offers the following for bicyclists:

On public streets and highways, you have the same rights and responsibilities as a motor vehicle operator.

Always ride with traffic, never against it. When operating at less than the posted speed or traffic flow, generally ride as near to the right side of the roadway as safe. The right edge of the road often has hazards like ditches, gutters, sand, gravel shoulders, and so on. Leave space between yourself and these hazards as needed for safety.

You may move more toward the middle or left of the lane or roadway, as appropriate:
when making a left turn,
when avoiding hazards,
when the lane is too narrow to share with another vehicle, and
when there is a right-turn-only lane and you are going straight.

Always check traffic and signal before changing lanes or changing your position within a lane. On a one-way street, bicyclists may also choose to ride as far left as is safe.

The law does not allow you to ride a moped on any part of the federal interstate highway system.

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 The single biggest thing you can do to reduce serious injury among children riding bikes, skateboards, Rollerblades and similar wheeled products?  

Make sure your kids wear a helmet every time they ride.  

Here are some pretty interesting stats from Safekids.org that back this up.

Bicycle, Rollerblade and Skateboard Safety

Key Facts
• Each year, approximately 140 children are killed as bicyclists.

• Children sustain more than 275,000 nonfatal bicycle injuries each year.
• Nearly 690 children are injured daily due to bicycle-related crashes.
• A total of 251,366 total child bicyclist injuries were recorded in 2005.
• An estimated 14,000 youth bicyclists were injured involving a motor vehicle in 2005.
• More than 70 percent of children ages 5 to 14 ride a bicycle regularly.
• National estimates report that bicycle helmet use among child bicyclists ranges from 15 percent to 25 percent.
• Apart from the automobile, bicycles are tied to more childhood injuries than any other consumer product.

Wheeled Sports Safety
• Each year, children between the ages of 0-14 years, sustain an estimated 38,155 roller skating injuries and represent 57 percent of all rollerblading/in-line skating injuries.
• Each year, there are approximately 61,000 injuries to children involving skateboards.
• In 2004, an estimated number of 18,743 head injuries were treated in emergency rooms due to skateboarding.

When and Where
• 53 percent of children (16 years and under) are killed bicycling on minor roads (connecting roads and neighborhood streets) compared to 46 percent killed bicycling on major roads (high-volume roads across cities and towns).
For motor vehicle-related bicycle crashes,
• 69 percent of child bicyclist deaths occur during warmer months (May - October)
• 58 percent of child bicyclist deaths occur at non-intersection locations.
• 70 percent of deaths occur between 2-8 p.m.

Who
• It has been estimated that 75 percent of fatal head injuries among child bicyclists could have been prevented with a bicycle helmet.
• Children are five times more likely to be injured in a bicycle-related crash than older riders (15 years and older).
• Males account for 82 percent of bicycle-related deaths. Males make up 70 percent of nonfatal injuries among children.
• More children ages 5 to 14 are seen in hospital emergency rooms for injuries related to biking than any other sport.

Proven Interventions
• Universal use of bicycle helmets by children ages 4 to 15 could prevent between 135 and 155 deaths, between 39,000 and 45,000 head injuries, and between 18,000 and 55,000 scalp and face injuries annually.
• Helmet use can reduce the risk of head injury by 85 percent and severe brain injury by 88 percent.
• Various studies show that bicycle helmet legislation is effective in increasing bicycle helmet use and reducing bicycle-related death and injury among children covered under the law.
• One study showed that within the five years of passage of a state mandatory bicycle helmet law for children ages 13 and under, bicycle-related fatalities decreased by 60 percent. Police enforcement increases the effectiveness of these laws.

Another thing that you can do is work to promote recognized bike lanes here in Springfield, Missouri.  We need more driver awareness and bikes lanes help.  Read this article and interview by Professor Andy Cline on his blog Carbon Trace.  He has some great tips about bicycle commuting.

Then go to one of the great local bike shops here in Springfield and sign the petition.  While you are there, pick up a helmet for your kids, grand kids, nieces and nephews.  They make a great Holiday gift.

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AAA forecasts a small decline in the number of Americans traveling during the Thanksgiving holiday weekend. Approximately 41 million Americans will travel 50 miles or more from home this Thanksgiving holiday weekend, a decrease of 600,000 travelers (1.4 percent) from last year’s total of 41.6 million. This is the first decline in Thanksgiving holiday travel since 2002 and is the fourth consecutive travel holiday this year with a year-to-year decline in the number of travelers.

That is still a lot of people on the road.  Get in the right frame of mind before you get behind the wheel. Never drive when you’re emotionally upset or rushed. According to traffic safety authorities, lack of attention is a major contributing factor to auto crashes.

Hit the road early.  

Additionally, your alertness level normally drops around your regular bedtime.  Nightfall only magnifies your risk by limiting your field of visibility.  If you must drive during your regular sleep cycle, stop each hour and freshen up.  A best practice is to travel with another person so that the responsibility of driving can be shared to ensure a rested driver is behind the wheel.  

Don't use your cruise control at night or in rainy and wintery weather.

Stay off the cell phone.

Select clothing that provides comfort and freedom of movement behind the wheel.While heavy garments may be necessary outside the vehicle, they can restrict movement behind the wheel. Always come to a complete stop in a safe spot before removing a coat or gloves.

Recently on I-44 we were behind a large SUV.  Everyone in the family had a DVD monitor in front of them, including one for the driver on the center console.  It was obvious this driver was more interested in the movie than driving.   Pay attention to the road and save the movie for when you get to Grandma's.

Don’t forget to buckle up,and have all your passengers buckle up, too.

Have a safe and happy Thanksgiving.

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Here is an article from the Springfield News-Leader.  I think these numbers regarding seat belt usage speak for themselves.

Branson police will conduct a “Click It or Ticket” seat belt enforcement the day before Thanksgiving.

On Nov. 26, police will be out to crack down on seat belt law offender, according to a news release from the city.

One in four Missourians don’t put on a seat belt regularly when driving or riding in a car, according to the Missouri Department of Transportation.

Those least likely to buckle up are young males, pickup truck drivers and their passengers, motorists in rural areas and night-time drivers.

A driver in a Missouri traffic crash in 2007 had a 1 in 32 chance of dying if he or she was not wearing a seat belt. That chance significantly decreased to 1 in 1,294 if the driver was wearing a seat belt.

“Regular safety belt use is the single most effective way to protect people and reduce fatalities in motor vehicle crashes,” said Branson Police Chief Caroll McCullough. “We hope this one-day concentration on ticketing those who don’t wear seat belts will remind all those traveling in a vehicle to buckle up all the time.” 

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This is a very interesting and disturbing piece I saw on the local Springfield news.  The Missouri Highway Patrol took several teens through a obstacle course (in the rain) while the teens sent and received text messages.  It is surprising that sitting with a Missouri Highway Patrolman in the car and failing a test doesn't seem to phase them.  I don't know what it will take to convince these kids; killing or severally injuring someone else by their negligence?  I hope I am not around to find out the definition of what "probably a hardcore wreck" means to the one teen that said that is what it would take to make him stop.  

Parents talk to your kids about using their cell phones while driving.  You may be liable for their motor vehicle accidents.

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    I drive this stretch of Highway 65 every day to work.  Unfortunately, accidents are far too common here.  Within a week of the fatal car accident in the article, I saw the aftermath of another accident in the northbound lane coming off the Battlefield on ramp.  Even with emergency response vehicles in both lanes, I was passed by cars whose drivers were texting or putting on makeup.  

It is good to see MODOT taking steps to try to limit the possibility of these accidents .  While these motor vehicle accidents may not be able to be completely stopped the cross over wrecks and head on collisions can be substantially reduced.  Let's hope that MODOT extends this project to Branson.

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The Ozarks and Branson are places of great beauty throughout the year. The beautiful Ozarks Mountains, Mark Twain National Forest, state parks, shows, theme parks and wildlife draw crowds for adventures.  

2007 BRANSON TOURISM FACTS*:
Estimated 8.4 million visitors in 2007 (+5.2% vs. 2006) with $1.8 billion spent in the area in 2007

Tourism is the Branson/Lakes Area's chief industry  

LODGING FACILITIES: 207
ROOMS: 18,578
THEATERS: 52
THEATER SEATS: 60,317
Branson boasts more theater seats than New York City's Broadway district.

* Source Branson Convention and Visitors Bureau

Unfortunately, some Branson visitors, often those from out of state, suffer death or injury from accidents while in Taney or Stone County Missouri.  The accidents may result from motor vehicle accidents, slip and falls, boating accidents, theme park injuries, bus accidents, semi truck crashes or motorcycle accidents.  

Here are some of the biggest mistakes you can make as the victim of a Missouri accident while on vacation.

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It never fails that when a personal injury client first comes in and sits down in my office, one of the first things they say is “I can’t believe this happened to me.” or “I can’t believe the insurance company is treating me this way”. It is even worse when it is the victim of a Missouri motor vehicle accident whose own insurance treats them badly when they need the uninsured or underinsured motorist coverage they paid for.

This summer I had attended the Missouri Association of Trial Attorneys workshop and conference. At the conference, I had the privilege of hearing David Berardinelli from Santa Fe New Mexico speak about his experience representing a couple of clients against Allstate Insurance Company entitled From Good Hands to Boxing Gloves- The Secret Story of Allstate, McKinsey and the “Zero Sum Game”. It was fascinating.

After hearing this program it is no wonder that the company received the worst marks by the American Association for Justice .  Click on the link to read the rest of the worst.

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I was recently reading an online newspaper article about a young girl that lost a leg in a bicycle/car accident. Several people posted some comments about tort reform and pain and suffering. The comments centered around the fact that they thought she received too much money. A few commentators even said they would give up a leg for such an award. Amazing.

We here in Missouri had tort reform passed at the request of the insurance industry and the medical industry in 2005. The idea professed at the time by the insurance industry lobby, was that large damage awards for pain and suffering were unfair and were driving costs up for everyone. It passed, however strangely my premiums have not gone down. Have yours? Hopefully the next Governor will work to overturn this injustice.

The polite term those that try to limit your rights to compensation use is “non-economic damages” instead of pain and suffering. Non-economic has a more clinical and sterile tone than pain and suffering, but what is pain and suffering? The Black’s Law Dictionary definition of pain and suffering is the “[t]erm used to describe not only physical discomfort and distress but also mental and emotional trauma. . . . .”

All that is true but the more accurate definition in my opinion is: how has this motor vehicle accident or semi truck crash impacted your quality of life? Quality of life is a pretty broad statement, but it defines the little things that make life enjoyable. Maybe for you it is bending over to pick up a grandchild or maybe it is fishing or running a marathon or riding your bicycle or working in your garden. Now imagine that you can’t do those things you enjoy anymore. Not by your choice, but rather told by someone else. Now imagine being told that your quality of life isn’t worth much.

We also represent the surviving families of victims of fatal car crashes, semi truck accidents, or other negligence cases throughout Missouri. Our experience with wrongful death litigation will help ensure that your family receives the caring client service you need through a difficult period of grief and transition 

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