Branson Missouri Vacation Accidents

Posted on February 19, 2009 by Jason Krebs

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:

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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Dangerous ATV's and the Rhino

Posted on December 18, 2008 by Jason Krebs

Here in Southwest Missouri, we recently finished our 2008 deer season. Deer hunting is big business here, especially in Taney, Stone, Ozark, Douglas County and counties that have sections of the Mark Twain National Forest in them. These days, the deer camp does not seem complete without an ATV. One of these ATV’s , the Yamaha Rhino is a new category called a UTV (Utility Terrain Vehicle) Many farmers in Southwest Missouri now have these UTV’s including the Yamaha Rhino as well.

Recently the Wall Street Journal featured the Yamaha Rhino in a front page article. The article states that Yamaha is currently facing over 200 lawsuits and 30 instances of wrongful death, primarily from rollover accidents. The two-seat vehicle resembles a cross between a golf cart and an ATV. It's a popular design that enthusiasts say makes the Rhino fun to drive but the Consumer Product Safety Commission (CPSC)  is investigating whether stricter regulations are needed to make the Rhino safer.

It is the believe of many personal injury lawyers that the vehicle is too narrow and too tall which causes the vehicle to tip and leads to a rollover accident. Yamaha defends that many of the complaints are due to improper operation, modifications such as taking off the "protective roll cage", and failure to wear a helmet or seat belt. There are currently no regulatory standards on UTV’s, which have a steering wheel, yet do not adhere to automobile safety requirements, and it’s not until after an injury is reported do lawmakers and regulators intervene. Consumeraffairs.com states that “the Rhino falls into what the CPSC calls the "emerging hazard" category -- a niche sometimes created by crafty manufacturers who find ways to work around existing safety regulations.”

According to consumeraffairs.com, new research from the University of Alabama at Birmingham Center for Injury Sciences indicates injuries associated with the use of golf carts may be under-appreciated, suggesting the need for the implementation of new safety measures.

Mark Huffington of consumeraffairs.com recently reported that according to the June issue of the Journal of Trauma: Injury, Infection and Critical Care, UAB researchers found that there were more than 48,255 golf-cart related injuries between 2002 and 2005, with the highest injury rates observed in males 10-19 years old and those over 80.  Gerald McGwin, Ph.D., associate director for research at the Center for Injury Sciences says fractures and head trauma are among the most common injuries associated with golf cart-related accidents. Due to the high risk of rollover and ejection, he recommends the use of helmets and seatbelts.

If any of you have had similar experiences with off road vehicles please tell me about it. 

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Branson will be targeting drunk drivers during the holiday season.

Posted on December 15, 2008 by Jason Krebs

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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Here is good reminder to slow down in icy weather

Posted on December 11, 2008 by Jason Krebs


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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Branson police will kick off Thanksgiving with seat belt enforcement

Posted on November 17, 2008 by Jason Krebs

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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US 65 in Springfield between I-44 and James River Expressway to get barrier cables

Posted on November 16, 2008 by Jason Krebs

Springfield US 65 at Battlefield    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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Branson Accidents

Posted on November 13, 2008 by Jason Krebs

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.

 

1.  Failing to Call the Police After a Car Accident.   Accident reports are extremely helpful. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late to later say you didn’t know what you were saying at the scene. The Branson Police or Missouri Highway Patrol know that your best recollection is immediately after an accident.


2. Failing to Make a Report to the Manager of a Slip and Fall Injury.   Especially if you take a private vehicle to the hospital, be sure and get the manager’s name and contact information. Don’t admit to being at fault . Even phrases like, “I’m so clumsy” can be used against you. Stick to the facts and don’t give a statement.

3. Failing to Seek Immediate Medical Attention after a Traumatic Event.   Even though you are on vacation, take the time to see a physician. If you are hurt, waiting until you get home from the trip can hurt your claim. After an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment. Be sure and tell the physician why you are there

4. Failing to Get Information.   Get the other driver’s information including their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.

5. Failing to Save Evidence.   Use your camera. You are on vacation. The old saying a picture is worth a thousand words is so true. Your car, the other drivers car, the location, the scene in general are all helpful. If this is a slip and fall situation, have someone take photos of what you believe made you fall. If you have bloody or damaged clothes or personal items, save them as is. Don’t clean them up or try to fix them. If you must make repairs, at least get some good photos. Also get photos of injuries, bruising abrasions and get them developed or saved to a computer ASAP to make sure they are good. Now is not the time to save film expense. You can not take too many photos. If you don’t have your camera on your Branson vacation, go buy a couple of disposable cameras. Get them developed and put on CD ROM. 

6.  Failing to talk to an attorney.  You may not need one, but you should speak to a Missouri personal injury lawyer to understand your rights.

 
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