Joplin Car Accident Lawyer Blog

Missourians who are injured as a result of another party's negligence are entitled to compensation for their losses, provided they can prove that negligence. However, the nature of the injury (and the circumstances that caused it) will impact what damages can be recovered, and in what amount, and from whom. In this post, our Joplin lawyers discuss important legal concepts that are often connected to personal injury lawsuits.

Comparative negligence law.
In Missouri, if your own carelessness contributed to your injury, your damages are reduced according to your percentage of fault. For example, if you're injured in a car accident that was 50% your fault, you can only collect half of the damages awarded to you.

Joint and several liability rules
If multiple parties caused your injury, each one is responsible for a portion of your losses. Here again, the size of each portion corresponds to each party's percentage of fault. However, according to Missouri's joint and several liability rules, if 1 party bears 51% or more of the fault, then that party can be made to pay all of your damages. Under these circumstances, the at-fault party also has the right to sue anyone else who shares in the fault for contribution.

Strict liability law
Typically, this provision applies to product liability cases, but here in Missouri, it also applies to injuries sustained from dog bites. In short, when strict liability (or "absolute" liability) is applied, it refers to "legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent."

In terms of product liability, strict liability requires that a product's manufacturer take responsibility for injuries and damages caused by a defective product, even though the manufacturer is not normally present or involved when those losses are sustained. Similarly, in Missouri, dog owners are automatically liable for damages caused by their pets (when dogs are on public property, or when injured victims are "lawfully on private property." In instances like these, strict liability law denotes "automatic responsibility (without having to prove negligence)."

Continue reading "Missouri Personal Injury 101: Useful Terms & Concepts to Know" »

Young drivers are the most at-risk for serious injuries in car accidents in Webb City, Missouri and throughout the country, according to the National Highway Traffic Safety Association (NHTSA), the Insurance Institute for Highway Safety (IIHS), and the Missouri Department of Transportation (MoDOT).

Last week, a judge in Rhode Island made national news when he imposed a lifetime driving ban on a 17 year-old. Chief Magistrate William Guglietta handed down the penalty to teen driver Lyle Topa, after Topa pleaded no contest to speeding, violating seat belt laws, and overtaking where prohibited.Guglietta had agreed to drop several other charges, including graduated driver's license violations for carrying too many passengers and driving past the allowed curfew.

The charges are connected to an October 2011 accident: Topa (whose license was already suspended) had been drinking at a Homecoming party. Local police say it appears that some of the teens were racing illegally - including Topa, who failed to navigate a curve, ran off the road and hit a tree. Only one occupant was wearing a seatbelt. Two passengers suffered minor injuries, while Topa was hospitalized in critical condition. A 3rd passenger was in a coma for several weeks.

When asked to justify the imposition of such a harsh sentence, Guglietta said he felt it was time for courts to get serious about dangerous teen drivers. The local police chief, Jack Shippee, agrees - he had the following words for Lyle Topa: "As a young man I would hope he takes time to reflect on the significance of his actions that night and realize, while the accident was horrific, and those boys will be dealing with it for a long time, the outcome could have been much worse," Shippee said in a statement to an NBC affliate. "Hopefully, he and others will understand poor choices have consequences, not just for them but for their families and friends."

Whether or not you agree with Guglietta's decision, it's impossible to deny that teen drivers and passengers are at risk. Our Joplin car accident attorneys urge all parents to get involved with their teen's driving education. Parents may be some of the most influential people in a teen's acquired driving habits. It is our responsibility, as parents, to send them off with as much driving knowledge and experience as possible to help reduce their risks of being involved in a serious accident.

Continue reading "Young Drivers Face Highest Risks for Car Accidents in Wheaton and Elsewhere in Missouri" »

If you've been injured in a Missouri car, truck, or motorcycle accident, the owner of the vehicle, in addition to the driver, may be liable for your injuries. This might sound surprising, but it's true. Under certain circumstances, vehicle owners can be held responsible for what other drivers do (or don't do) in their vehicles, even if the owner is not present at the time of the accident.

Negligent Entrustment
In some states, when you loan your car to another driver, as the owner, you're automatically liable for any damages that driver might cause. However, in other states - including Missouri - negligent entrustment must occur for liability to attach to a vehicle's owner, if that owner wasn't behind the wheel. For example, if a car owner lends his or her car to someone who is drunk, ill, unlicensed, or otherwise unfit to drive, the owner can be held liable for injuries and damages, because he negligently entrusted the vehicle to an unsafe driver.

There is a 4 prong approach to establishing negligent entrustment under Missouri law:

"(1) the entrustee was incompetent by reason of age, inexperience, habitual recklessness or otherwise;
(2) the entrustor knew or had reason to know of the entrustee's incompetence;
(3) there was entrustment of the chattel; and
(4) the negligence of the entrustor concurred
with the conduct of the entrustee to cause plaintiff's injuries."

In other words, negligent entrustment applies if all four of these points can be proven:

• The driver of the car was incompetent to drive for any reason.
• The owner of the car knew (or had reason to know) of this incompetence.
• The owner lent the driver his/her car.
• The driver's incompetence caused injuries to another individual.

Continue reading "Negligent Entrustment: Vehicle Owners Can Be Liable for Webb City Car Accidents" »

Aggressive driving is no joke. In fact, these poor driving habits are now a common contributor to car accidents in Joplin, Lamar, Carl Junction and elsewhere in Missouri. According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving is when a driver commits a number of driving offenses that endanger other people of property.

The NHTSA has recently been working with prosecutors and law enforcement agencies to help reduce these aggressive and dangerous driving habits in an attempt to reduce the risks on our roadways.

Our Joplin car accident attorneys understand that aggressive driving habits can include following too closely, speeding, not using signals and other actions that we are all guilty of from time to time. We also understand that there is another level of aggressive driving, which we refer to as road rage, that typically involves assault or other criminal offenses.

The AAA Foundation for Traffic Safety offers these tips to help you avoid being the victim of an enraged driver:

• If you encounter an aggressive driver, try not to react. You are urged to avoid making eye contact. Keep your driving pattern smooth. Avoid accelerating, braking or swerving.

• If you find yourself in congested traffic with an enraged driver, lock your car doors and keep the windows up.

• If you're in stopped traffic, leave enough space to be able to pull out from the car you're following.

• If someone tries to get into your vehicle, honk your horn or sound your personal alarm to attract attention.

• If you're being harassed by a driver or think you're being followed, drive to the nearest police station or busy place to get help. Do not take matters into your own hands.

• Keep your distance and stay away from the aggressive driver.

• Don't start a fight.

• Ignore their "friendly" gestures. Do not return the favor as it will only add fuel to their fire.

Continue reading "Aggressive Driving Increase Risks of Car Accidents in Pierce City -- Especially during Summer Months" »

Normally, when we worry about car accidents, we're thinking about the dangers caused by other drivers. However, our Missouri personal injury attorneys know that single vehicle accidents are common here in Joplin and our state - and these accidents often cause serious injuries and fatalities.

The National Highway Traffic Safety Administration (NHTSA) reports that nearly half of fatal crashes involving 16 year-old drivers only involve one vehicle. What's more, single vehicle rollover accidents cause more fatalities than any other kind of accident, because they commonly cause head injuries and/or occupant ejection. Drivers and passengers are equally vulnerable.

Typically, single vehicle accidents are road departure accidents caused by driver error, although this category also includes collisions with roadway debris, and with animals. There are multiple driver behaviors and influences that can cause such accidents, including speed, distraction, and/or intoxication. According to a report from the National Cooperative Highway Research Program, single vehicle crashes can also be caused by certain environmental and roadway factors, such as inclement weather, narrow lanes and shoulders, and sharp curves.

Last Friday, there were 3 separate single vehicle accidents in the Joplin area:

West 32nd Street & Ashwood Drive (Joplin)
Details surrounding this accident remain unclear. According to a press release from the Joplin Police Department, 35 year-old Ryan Parker and 40 year-old David Sage were killed in a single vehicle accident at 2:04 a.m.. Both men were thrown from the vehicle and pronounced dead at the scene. The other occupant of the vehicle, 34 year-old Richard Tibbets, was hospitalized with minor injuries. Police continue to investigate.

Missouri Highway 59 (south of Anderson)
At 8:45 a.m., 71 year-old Virginia E. Jackson was traveling north on Highway 59 when her pickup truck ran off the road. Jackson overcorrected, and struck a bluff. She was taken by helicopter to Freeman Hospital West, but she later died as a result of her injuries.

Missouri Highway 54 (west of Nevada)
At 3:04 p.m., 49 year-old Susan Thornton was injured in a single car accident in Vernon County. Thorton was westbound and lost control of her car due to wet pavement. The vehicle left the roadway and struck a guardrail: Thornton was taken to Nevada Regional Medical Center by ambulance. Her vehicle was totaled.

Continue reading "3 Single Vehicle Accidents On Same Day Cause Injuries, Fatalities Near Joplin, Missouri" »

Parents want to protect their children: it's our strongest instinct and our top priority. If your children are still small, make sure you're familiar with child restraint guidelines, which are issued by the National Highway Traffic Safety Administration (NHTSA) to help protect your child in the event of a car accident in Webb City, Nevada and Anderson. The NHTSA now categorizes the use of various types of child restraints according to height and weight, rather than by type of child seat or age of the child. These new recommendations are part of an effort to keep up with the latest scientific and medical research, as well as the development of new child restraint technologies.

Our Joplin car accident attorneys remember the days when children advanced to new car seats strictly based on age. That's ancient science now. Kids are now to be placed in a car seat that corresponds with their size and weight. Now parents and caregivers are urged to keep their young passengers in each restraint type, including rear-facing, forward-facing and booster seats, for as long as they can before moving them to the next kind of seat.

NHTSA suggests that parents secure their children in rear-facing seats for as long as they meet the weight and height limits of that particular car seat. Rear-facing child safety seats reduce stress to the spinal cord and neck in the event of an motor-vehicle accident, which is essential for infants. The American Academy of Pediatrics concurs, advising that parents keep their children in rear-facing seats until the child has either turned two or exceeded the weight and height limits of the child seat. They now report that there is no need to hurry to advance a child to the next restraint type.

"Safety is our highest priority," said Transportation Secretary Ray LaHood. "The 'best' car seat is the one that fits your child, fits your vehicle and one you will use every time your child is in the car."

Here are the specific terms of Missouri's Child Restraint Law, RSMo 307.182:

• Children younger than 4 (or weighing less than 40 pounds) must be in an appropriate child safety seat.

• Children aged 4-7 weighing at least 40 pounds must be in an appropriate child safety seat or booster seat (unless they weigh more than 80 pounds, or are taller than 4'9").

• Children older than 8 are required to be secured by a safety belt or buckled into an appropriate booster seat.

Continue reading "Appropriate Safety Restraints are Essential for Young Passengers in Webb City, Missouri and Nationwide" »

Our Carthage, Missouri car accident attorneys are pleased to see the media giving so much recent attention to the dangers of texting and driving. We hope the message sinks in for drivers in Missouri and nationwide: this issue is not to be taken casually. Did you know that nearly 80% of all car accidents are caused by distracted drivers, killing approximately 6,000 people each year?

By now, most people have probably seen some of the numerous studies that illustrate the dangers of texting while driving: we know it causes car accidents and frequently results in injury and death. But other electronic devices affect the brain in the same way. For example, handheld GPS usage is a major contributor to distracted driving related collisions. It may seem ironic that a handheld GPS can be a driving hazard: after all, it was designed to help drivers arrive safely at their destinations. However, it can also be a distraction, if it takes a driver's mind away from the road. Likewise, ipods, mp-3 players, tablets, and other similar devices can drastically impair a driver's perspective.

Staying Safe: A Few Awareness Tips for Drivers

• When you drive, let driving be your only task. Don't plan to focus on any other activities while you're behind the wheel, no matter how small.

• Drive defensively. Be on the lookout for distracted drivers: driver who don't appear to see you, who are veering in and out of tlanes, who are failing to obey traffic signals, etc.

• Pull over to send a text, or have a passenger text for you.

• Pull over to use a handheld GPS or map or have a passenger check it for you.

• Pull over to make and take an important call, even on a hands-free device.

• Secure pets and children. If needed, pull off the road to provide attention and care.

• Don't put on makeup when you're driving.

• Don't eat or read when you're driving.

• Don't drive when you're tired or have been drinking.

• Don't drive when you're highly upset.

Continue reading "Eliminate Distraction: Tips to Avoid Distracted Driving Accidents in Carthage and Throughout Missouri" »

In 2010, more than 200 people were killed and nearly 1,000 more sustained serious injuries in car crashes involving a drunk driver in Joplin, Wheaton, and across Missouri, according to the Missouri Coalition for Roadway Safety.

Auto accidents involving drunk drivers differ from other car accidents because drunk driving is against the law, and causes accidents that would have been otherwise preventable. Also, accidents caused by drunk drivers often result in catastrophic injury or wrongful death.

Victims or family members of people injured or killed in Joplin, Missouri car accidents caused by drunk drivers may be able to seek compensation for their damages. In some cases, injured parties may even have a cause of action against the bar or restaurant that served the drunk driver before he got behind the wheel. Under Missouri statutes traditionally known as dram shop laws, these establishments can be held liable for over-serving already intoxicated customers, underage drinkers, and other patrons.

In short, Missouri Statute 537.053 states that a claim may be brought by or on behalf of any person who has suffered personal injury or death, against any person licensed to sell alcoholic beverages for consumption on the premises--if it can be shown that the seller knew (or should have known) that alcohol was served to a person under the age of twenty-one or to a visibly intoxicated person.

Continue reading "Joplin, Missouri "Dram Shop" Laws Give Additional Recourse To Victims Of Car Accidents And Wrongful Deaths Caused By Drunk Drivers" »

These days, it seems like just about everyone can be found on a social networking site. Facebook is undoubtedly the most popular, with 750 million users worldwide (and 50% of these users visit the site on a daily basis), but other sites like Twitter and LinkedIn are extremely popular as well. As Joplin, Missouri car accident attorneys, we encourage you to be cautious with social media and your online presence, especially when you're a plaintiff in a personal injury case. A personal injury claim can be destroyed by something as simple as a Facebook post.

Why should I censor myself?
The short answer: because you don't want to jeopardize your case. If you claim that your injuries are keeping you from doing normal activities, and then you post a photo of yourself skateboarding a month after your accident, your "pain and suffering" will seem laughable to insurance companies, judges and juries. Likewise, if you update your status so it reads "Feeling much better today," defense lawyers can use that statement to argue that your injuries are not as serious as you claim. And if you say you are unable to work at your desk job, and it's revealed that you've been spending 8 hours a day on Facebook, that doesn't look so good.

How would an insurance company get access to my Facebook information?
It doesn't matter how strong your privacy settings are: if something is posted online, you should assume that anyone can see it. For example, let's say a friend posts a picture of you, so you wind up in her News Feed. Then, a friend of hers comments on the photo: now you're in the News Feed of someone you don't know. And the circle can get wider and wider...Remember, if your friends or family members post photos or information about you, you don't always have control over who can access that information.

In the past, insurance defense lawyers sometimes used sneaky tactics to connect with plaintiffs on Facebook, like sending friend requests from fake accounts. Currently, however, those tactics are unnecessary: it's not uncommon for courts to request and admit evidence from Facebook. In personal injury cases, plaintiffs have been ordered to provide insurance company lawyers access to their Facebook accounts.

Continue reading "Social Media Can Be Damaging to Car Accident Injury Claims in Joplin, Missouri and Nationwide" »

Recently, we've talked with some clients in our Joplin, Missouri car accident law office who attempted to handle their car accident/injury claim on their own, without hiring a lawyer. This scenario is not unusual. In these difficult economic times, people can be devastated financially if they are injured in a car accident. They are fearful about how they will pay for car repairs and/or medical bills. Hiring a lawyer seems like an expense they simply cannot afford.

We understand how it might be tempting to try and handle an accident claim without engaging an attorney. Many people believe that dealing directly with the insurance company will be the fastest and simplest way to get the settlement they need. However, this mistake can be a costly one.

Certainly, not all car accident cases require legal representation. It can be difficult for an accident victim to know whether or not their particular case requires legal assistance or not. For this reason, the personal injury attorneys at Aaron Sachs and Associates offer a free, no obligation consultation with clients in their Joplin, Missouri office.

If you believe that your case might require a lawyer, we recommend taking advantage of this offer before dealing with the insurance adjuster. If you do hire us to represent you, we will work on a contingency basis. This means we will not take money up front; our fee will be a percentage of the amount we win for you. Also, we will not take a claim that is best handled without an attorney.

Continue reading "Handling a Joplin, Missouri Car Accident Claim Without a Lawyer Can Be Risky " »

Occasionally, we have clients come to see our Joplin MO car accident lawyers because they have been in a motor vehicle accident, and the insurance company is disputing their claim. Our clients believe the accident was the fault of the other driver, but they have no proof. It is a case of their word against the other driver's.

Or, in even more serious instances, we sometimes see claims that involve fatality accidents, where there is only the surviving driver's word to explain how the accident happened and who was at fault.

These are some of the most upsetting cases we see. Who can speak up for the deceased driver or provide just compensation to the surviving family if the accident was caused solely by someone else's negligence?

In cases such as these, a thorough accident investigation and reconstruction may be necessary to prove fault and win the client fair compensation. However, the longer the time that goes by, the more difficult it can be to find the evidence necessary to conclusively prove what happened before and during the accident. This is one of the reasons most car accident lawyers recommend seeing an attorney as soon as possible after any serious accident.

What is Accident Reconstruction?

Accident reconstruction involves thorough investigation of an accident scene, conducted by a specially trained investigator, to determine the cause of the accident. The investigator will analyze physical evidence, such as the length and direction of skid marks, vehicle damage, vehicle debris on the road, road conditions, witness accounts, and more, to determine the exact sequence of events which caused the accident.

Continue reading "The Role of Accident Reconstruction in Joplin, Missouri Personal Injury Lawsuits" »

As Joplin Missouri car accident lawyers, we have repeatedly seen the injuries and devastation to people's lives that chain reaction accidents can cause. In the news recently: three people were injured outside of the tiny village of Halltown MO, in what could be considered a four-vehicle chain reaction accident.

Generally, the term chain reaction accident refers to several cars that pile up behind the original accident, and these crashes can have been known to involve up to twenty or more vehicles. Icy roads or other hazardous conditions are one of the main causes. However, this was a very different kind of chain reaction crash.

The terrifying accident occurred Monday Nov 14th, a half-mile west of Halltown in Lawrence County. The first vehicle, heading westbound on I-44, ran into the median. It rolled over onto its roof, then returned onto the road, and was sliding down the highway when it was struck by the second vehicle, a pickup truck driven by Jeremy L. Hopkins of Cowden, Ill.

The force of this collision flung the still overturned car against a bridge, where it was struck by yet another westbound vehicle driven by Amy S. Rhoades of Herrik, Ill. As if that wasn't bad enough, this overturned vehicle (with three people trapped inside it) struck the bridge a second time, finally colliding with a tractor-trailer driven by Larisa Morosanu of Chicago.

Continue reading "Chain Reaction Accidents Come in Different Shapes and Sizes in Joplin, Missouri and Elsewhere" »

Two teens were involved in a rear-end collision outside of Seneca MO earlier this month. As Joplin car accident lawyers, many of our clients come to us after accidents just like the one that happened this past Saturday. The crash happened as Whitney N. Claycomb, 17, was stopped in traffic, waiting to make a left. Her 2003 Chevy Cavalier was rear-ended by a 2005 Ford Mustang driven by Brianna B. Easley, 18, of Exeter MO.

Easley was taken to Freeman West Hospital in Joplin for treatment of moderate injuries. However, the Highway Patrol's report indicated that Claycomb was not injured in the crash.

Rear-end collisions can have hidden consequences

We hear over and over again from our Joplin injury clients that they were unaware they had sustained any injuries at all at the time of a minor accident. Their symptoms showed up later. If you are rear-ended in a minor accident, such as the one reported above, it is tempting to want to get a settlement as quickly as possible from the other driver's insurance. After all, they were clearly at fault, and you need the money to have your vehicle repaired.

However, based on our experience, we recommend waiting to see if symptoms or pain do appear within a few days of the accident. During that time, do not give a recorded statement, sign any papers, or accept a "quick settlement offer" from the insurance company.

Continue reading "Rear-End Collision Near Seneca Missouri Sends Teen to Joplin Hospital" »

Although motorcycle accidents are frequently in the news, less is reported about a similar but equally dangerous sport--dirt bike riding. Dirt bikes handle rough terrain, pot holes, jumps, and other obstacles that would destroy a motorcycle, but this does not mean their riders are in less danger. Joplin motorcycle accident lawyers have repeatedly seen that dirt bike accidents can have serious and sometimes even fatal consequences.

This past Sunday, Oct. 2, two local teens were dirt-biking on private property (and hopefully wearing the appropriate dirt bike helmets) about one half-mile east of Neosho in Newton County. Although we don't have any of the specifics, apparently they collided head-on. As with motorcycle accidents, almost any collision makes it impossible for the rider to remain seated on their vehicle and severe injuries can result when they are forcibly ejected. Both Jimmy D. Jackson, 19, of Joplin, and Matthew G. Bridges, 19 of Neosho had to be taken by ambulance to Joplin's Freeman Hospital West.

Dirt bikes have many of the same dangers of motorcycles, and some that are unique to their construction and the ways people use them.

Continue reading "Joplin Missouri Dirt Bike Accidents Can Lead to Personal Injury Claims if Negligence is Involved" »

We are frequently approached by people who have been in car crashes and want to know if they can represent themselves. The answer is, "it depends". Obviously there are many situations that do not require the services of a Neosho auto accident lawyer. If you have been in a minor fender bender and you are not physical injured, you may be able to work out an agreement with the insurance company.

Typically, people are frustrated by what the insurance company offers on the car. If the insurance company is not fair on the property settlement, what will they be like to deal with on the injury claim? Maybe you need the help of lawyer.

What a Neosho Car Crash Lawyer Can Do For You

Auto accident lawyers will negotiate the injury settlement. Remember--the claims adjustor works for the insurance company. Often they will not tell you the full amount of their reserve up front.

The Missouri Bar Association (MOBAR) offers an excellent series of brochures on topics such as how to hire a lawyer, and what to expect from the lawyer-client relationship.

Can you negotiate a settlement yourself?

Certainly, if you know how. Auto accident lawyers have the training and the knowledge of the laws that pertain to your specific case. If you do negotiate yourself, and accept a settlement, you usually be prohibited from trying to recover more money if your injuries are more serious or require more medical care than you originally realized. Settlements are typically full an final, and you release all known and unknown claims.

Continue reading "Which Neosho Missouri Car Accidents Require the Services of an Auto Accident Attorney?" »