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

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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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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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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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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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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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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