Stupid drivers have a new home, Youtube
Unfortunately this is not the only example I found. There are many examples of dangerous driving to be found.
Semi Truck Insurance minimums have been too low for too long
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.
Should I handle my own personal injury claims?
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.
Springfield Missouri Car Crash Report
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.
Why the right to a trial is important
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.
Here is some proof that median cables work
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
Car and Trucks Accidents in Southwest Missouri
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.
What is Wrongful Death?
When a person dies as a result of another person or business’s negligence, recklessness, carelessness, misconduct or even deliberate wrongdoing, the victim’s family may have a wrongful death claim.
Families who have lost a loved one in a car accident, motorcycle accident, bicycle or truck-car collision may have a wrongful death claim. The claim may also be asserted if a person is killed by a dangerous premises, a defective product, dangerous drug or medical malpractice.
Who Can Bring a Missouri Wrongful Death lawsuit?
In Missouri, wrongful death lawsuits may be brought by the spouse or children, the surviving descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased family member. If there is no family member of the deceased as set forth in 537.080(1), the action for wrongful death may then be brought by a brother or sister of the deceased as set forth in 587.080(2).
Action for wrongful death--who may sue--limitation.
537.080. 1. Whenever the death of a person results from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof, the person or party who, or the corporation which, would have been liable if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person injured, which damages may be sued for:
(1) By the spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive;
(2) If there be no persons in class (1) entitled to bring the action, then by the brother or sister of the deceased, or their descendants, who can establish his or her right to those damages set out in section 537.090 because of the death;
(3) If there be no persons in class (1) or (2) entitled to bring the action, then by a plaintiff ad litem. Such plaintiff ad litem shall be appointed by the court having jurisdiction over the action for damages provided in this section upon application of some person entitled to share in the proceeds of such action. Such plaintiff ad litem shall be some suitable person competent to prosecute such action and whose appointment is requested on behalf of those persons entitled to share in the proceeds of such action. Such court may, in its discretion, require that such plaintiff ad litem give bond for the faithful performance of his duties.
2. Only one action may be brought under this section against any one defendant for the death of any one person.
Where do you file a Missouri Wrongful Death lawsuit?
508.010(11). In a wrongful death action, the plaintiff shall be considered first injured where the decedent was first injured by the wrongful acts or negligent conduct alleged in the action. In any spouse's claim for loss of consortium, the plaintiff claiming consortium shall be considered first injured where the other spouse was first injured by the wrongful acts or negligent conduct alleged in the action.
How long do you have to file a Missouri Wrongful Death lawsuit?
All states have laws which govern the time limits in which a wrongful death suit must be brought. These laws are called statutes of limitations and these law vary substantially from state to state, the laws of Missouri provide that an action for wrongful death must be brought within three years.
As with any personal injury lawsuit, time is of the essense not only for the statute of limitations issues but the facts and circumstances of your loved ones case need to be investigated immediately.
If you are concerned about a wrongful death due to medical malpractice or pharmacy malpractice, ask for an autopsy. Do not throw away or otherwise discard such items as prescriptions and prescription bottles or drug samples.
If you have had a loved one who has died in Southwest Missouri as a result of another's negligence, you will need a Missouri lawyer to represent you. Every state's laws and courts are different, and your lawyer must be licensed by the Missouri bar to represent you in court here.
My office often works with attorneys in other states to represent their clients or their families who were injured or killed in Springfield, Missouri or Branson Missouri and we represent injured individuals and their families throughout Southwest Missouri, including Marshfield, Buffalo, Republic, Rogersville, Lebanon, Strafford, Willard, Battlefield and Highlandville; Mount Vernon, Aurora, Osage Beach, Camdenton and in Greene County, Christian County, Polk County, Dallas County, Webster County, Taney County, Stone County, Lawrence County, Camden County and Laclede County.
Texting while driving bill gaining traction
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.
Springfield Missouri accidents down
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.
Let's slow down in the work zones.
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.
How the bad economy can make your Personal Injury claim even more painful
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.
Finally some good news
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.
Springfield Missouri total accidents down, fatalities double in '08
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."
Car crashes are the number one killer of teens in the United States.
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.
Make sure Santa has seen this before Black Friday
Keep these ideas from the Consumer Product Saftey Commission in mind while fighting the crowds this holiday shopping seaon. Don't forget that helmet to go with that bicycle, skateboard or motorized scooter.
The holidays are here and the U.S. Consumer Product Safety Commission (CPSC) has its list. Parents and gift buyers are encouraged to check it twice. The CPSC issued its annual holiday safety messages, joined by U.S. Customs and Border Protection (CBP) and Safe Kids Worldwide, to remind parents to be diligent when making holiday shopping choices.
"CPSC, CBP and industry activity has been with one goal in mind, to keep the toys our children play with the safest in the world" said Acting Chairman Nancy Nord. "Vigorous inspection of toys, testing and law enforcement have made toys the safest this season."
For 2007, the Commission has reports of 18 toy-related deaths and CPSC staff estimates that there were about 170,100 hospital emergency-room treated toy-related injuries to children under 15. Most of the deaths were associated with airway obstruction from small toys, drowning, or motor vehicle accidents during play. Most of the injuries were lacerations, contusion and abrasions; the head and face was the area most frequently affected.
The top 5 toy hazards:
* Scooters and other Riding Toys - Riding toys, skateboards and in-line skates go fast and falls could be deadly. Helmets and safety gear should be worn at all times and be sized to fit.
* Small Balls and other Toys with Small Parts - For children younger than age three, avoid toys with small parts, which can cause choking.
* Balloons - Children under eight yrs. can choke or suffocate on un-inflated or broken balloons. Keep un-inflated balloons from children. Discard broken balloons at once.
* Magnets - For children under age six, avoid building or play sets with small magnets. If magnets or pieces with magnets are swallowed, serious injuries and/or death can occur.
* Chargers and Adapters - Charging batteries should be supervised by adults. Chargers and adapters can pose thermal burn hazards to children.
Once the gifts are open:
* Immediately discard plastic wrappings on toys before they become dangerous play things.
* Keep toys appropriate for older children away from younger siblings.
* Pay attention to instructions and warnings on battery chargers. Some chargers lack any device to prevent overcharging.
With the increased popularity of second-hand stores and on-line vendors, gift-givers should be especially vigilant to prevent the sale or purchase of hazardous products that have been recalled, banned or do not meet current safety standards. Before placing products in the second-hand market, check its recall status at www.cpsc.gov. Buyers should make sure their gifts do not include any of the recalled toys or children's products on CPSC's web site.
What is Pain and Suffering?
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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
