Elderly drivers and Missouri's Voluntary Reporting Law

Posted on January 11, 2009 by Jason Krebs

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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Hit and Run Bicycle Accident Lands One in the Hospital and One in Jail

Posted on December 5, 2008 by Jason Krebs

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.

 

Safety Tips for Moped and Bicycle Riders:

The law does not require you to wear a helmet. However, wearing a safety-certified helmet can prevent serious head injuries or death.

Be sure your bike is in safe condition and has all the equipment required by law.

Make sure motorists see you. Wear bright colored clothes and stay out of a vehicle’s blind spots.

Use proper lights and reflectors when riding after dark.

Make sure you signal before you slow down, change lanes or turn. Before merging, changing lanes or turning, scan behind and in front to ensure that it is safe to make this maneuver. Do so in plenty of time and in cooperation with other drivers who will be affected by your move. If it is not safe, continue on a straight course and scan repeatedly and only move once it is safe. In conditions of heavy traffic, less proficient bicyclists may find it easier to wait near the curb for a safe gap to appear.

Be careful when passing to the left of a parked or moving vehicle. You should leave 3 to 4 feet of clearance to avoid suddenly opened car doors or allow for a vehicle to swerve.

Be extra careful at intersections. Do not assume your right-of-way when there is a vehicle approaching. Be aware that motor vehicle drivers may not see you approaching the intersection, or may believe that you are moving at a slower speed than you are.

Keep a steady line and be predictable as a courtesy to other traffic and to increase your personal safety.

For teen and adult bicyclists, studies show that riding on the street with traffic, not against it (following the same traffic rules that other vehicles do), is far safer than riding on the sidewalk. However, Missouri law prohibits cyclists from riding on the sidewalk in a business district.
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Insurance coverage

Posted on November 13, 2008 by Jason Krebs

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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