The holidays are a time to gather with friends and family and enjoy the wonders and joy of the season. But everyone knows that to get to the relaxing part of the holidays, you must first endure the hustle and bustle. For many, the holidays require weeks, maybe even months of careful preparation. Unfortunately, though, sometimes in the midst of all the dashing here and prancing there, accidents happen. To keep you and yours safe this season, take note of the most common causes of holiday accidents and how to prevent them from happening to you:

1. Fire and Flames. The holidays would not be the same without lights. Whether it comes from candlelight, the lights of a Christmas tree, or from the yule log crackling in the fireplace, the lights make the holidays feel a bit brighter. While the lights make you feel all aglow, they also can be the cause of burns, fires, and smoke inhalation. One source of accidental holiday fires is tree lights. Make sure that you replace your tree lights as needed and never string together more lights than is recommended by the manufacturer. Also never place anything flammable near open flames from fireplaces and candles.

2. Cold Weather Slip and Falls. Oh, what fun it is to take a walk in your very own neighborhood to see all the lights! But be warned, snow and ice-covered walkways can be an accident waiting to happen. Slip and fall accidents may seem to some like an injury that only bruises the ego, but this is definitely not the case. Serious hip, back, leg, shoulder, and head injuries can result from a slip and fall. To make sure that no one is injured on your property, be sure to use salt, sand, or a product designed to melt the ice.

3. Winter Weather Roadway Accidents. The same snow and ice that makes walkways treacherous also wreaks havoc on roadways this time of year. Before heading out in the snow, check road conditions so you can be sure to take the safest path to grandmother’s house. Most roadway accidents also involve excessive speed, so leave early and slow down if necessary. You will also want to be on the lookout for drivers who have participated in excessive celebration. Do not engage with any drivers who are driving in an aggressive manner.

4. Decorating Falls. Part of getting ready for the holidays is decking the halls! Hanging garland and lights often requires the use of a ladder or standing on a chair to reach high places. Before using either, make sure that the ladder or chair can handle your weight and is placed on a level surface. If not, you could take a tumble. Holiday falls can also be caused by tripping on extension cords and slipping on tree skirts. To prevent an unwanted trip to the emergency room, keep walkways clear, and make sure that extension cords are out of the way.

The attorneys at Hubbard & Kurtz, L.L.P., hope that you have a safe holiday season. As always, if an accident does happen that you believe is due to the negligence of another remember that our office is here to help. The attorneys at Hubbard & Kurtz, L.L.P. have helped countless injury victims, in both Kansas and Missouri, and are ready and are here to assist you. Our compassionate team of attorneys will make sure that you receive top-notch legal services. To schedule an initial consultation with one of our Kansas City Personal Injury Attorneys, contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673.

If you are a business, your goal is to make money. If you do not make money, you will go out of business. This principle is true whether you are a business that sells widgets, gadgets, or insurance. Insurance companies, like any other company, are focused on making profits. One way insurance companies make money is by trying pay the least they can on any given claim. Think of an insurance company like the famous bad guy, Ebenezer Scrooge. Both are misers and do not want to pay one cent more than they have to pay and ideally, they want to pay nothing at all. To reach this goal, insurance companies and their adjusters hope that you fall for one of their many traps. `

Trap 1: Making you believe that they are on your side and are here to help.

After an accident, it is common to feel overwhelmed. So when the insurance adjuster calls you, and he or she is so nice and friendly, you may be fooled into thinking that he or she is going to help you. But little did you know that this is just a trap. The insurance adjuster wants you to feel like you can trust them so that you provide them with the information that they can later use to justify a small settlement offer or to deny your claim completely.

Trap 2: Having you think the delays are necessary.

The insurance company will also try to get you to believe the delays in paying your claim are necessary. Again, this is all part of their strategy. The insurance company wants this process to drag on so you (1) become frustrated and will accept a lesser settlement offer just to have the matter over and done with, or (2) that by the time you decide to hire an attorney the statute of limitations has run and you are out of luck.

Trap 2: Letting you think that they will answer your questions honestly.

Another trap that injury victims fall into is believing that the answers the insurance company gives to their questions are honest. Remember that the insurance company wants to pay out as little as possible. It is against their interests to pay you the full value of your claim. To that extent, they are not going to give you an honest assessment of what your injuries are worth. They also do not want to tell you the defendant’s liability limits.

Trap 3: Getting you to think that you need to give a recorded statement.

One way an insurance company tries to deny a claim is by showing that the victim is not the victim. If the insurance company can prove that their client was not the bad guy, then, of course, they are off the hook. The way the insurance company tries to turn the victim into the bad guy is to have the victim give a recorded statement. The purpose of the statement is to use the victim’s own words as a way to deny the claim—a very clever trap.

If you have suffered serious injuries after being involved in an accident, do not fall into a trap set by the insurance company. Protect yourself by contacting an attorney who will make it their priority to make sure you receive the compensation you deserve. For more than 60 years, victims in both Kansas and Missouri have turned to the seasoned Personal Injury Attorneys at Hubbard & Kurtz, L.L.P. Our trusted team of Kansas City Personal Injury Attorneys are experienced trial attorneys who will fight to make sure your rights are protected. To schedule an appointment with one of our attorneys, contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673.

The largest travel season of the year is almost upon us and this year is going to be a busy one! According to AAA, more than 55 million Americans are expected to travel at least 50 miles from home this Thanksgiving. It is anticipated to be the second-highest travel volume since AAA began tracking travel back in 2000. More than 49 million people are likely to hit the road to reach their turkey-day destination—the most since 2005. With so many people expected to be on the road this Thanksgiving season, it is important to remember safety is paramount. If you are one of the millions hitting the roads to get your gobble-gobble on, remember to buckle up and make sure that all of your passengers do so as well.

The Governors Highway Safety Association (“GHSA”) released a report this month that suggests that 25 percent of adults do not buckle up when seated in the backseat. Part of the problem, according to the report, is that laws vary widely across the country as to whether adults sitting in the backseat are required to wear a seat belt. While 49 states have primary or secondary requirements for front seated adult occupants to wear seat belts, only 30 states have requirements for adults seated in the backseat. In 11 of the 30 states, it is a secondary offense, and for the other 19 it is a primary offense. In other words, in only 19 states can a vehicle be pulled over for a rear passenger not wearing a seat belt. Kansas is a primary offense state, while Missouri is one of the 20 states that does not have a legal requirement for rear-seated adults to buckle up.

Regardless of the law, it is dangerous for any occupant to ride in a car without a seatbelt. In fact, passengers seated in the backseat were twice as likely to die in a crash if not wearing a seatbelt. According to the same GHSA report, a minimum of 803 unrestrained rear-seated passengers were killed in traffic accidents in 2018 alone. It is estimated that more than 400 of those killed would have survived the crash had they been wearing a seatbelt.

So why is it that adults who 90 percent of the time wear a seat belt when seated in the front, only wear a seatbelt 76 percent of the time when seated in the rear? According to self-reports, one of the main reasons rear passengers do not feel the need to buckle up is when they are on a short trip or are a passenger in a taxi or rideshare service such as Uber or Lyft. Other reasons passengers stated for not buckling up included: forgetting, lack of comfort, and other passengers not being belted in.

This holiday season set a good example and buckle up! Also, make sure that no matter how short the trip or who is doing the driving, always wear your seatbelt.

If you have suffered serious injuries after being involved in a car accident, you want an attorney who will make it their priority to make sure you receive the compensation you deserve. Remember, only a seasoned Kansas City Injury Attorney can protect your rights! For more than 60 years, victims in both Kansas and Missouri have turned to the seasoned Personal Injury Attorneys at Hubbard & Kurtz, L.L.P. The trusted team of Kansas City Personal Injury Attorneys are experienced trial attorneys who will fight to make sure your rights are protected. To schedule an appointment with one of our attorneys, contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673.

If you live in a city of any size, sidewalks are important. They allow children to walk to school safely. Then also provide a recreational path for walkers, runners, and even Christmas carolers. But as we head into winter, it is important to keep in mind that sidewalks can be perilous. Evening and overnight temperatures can drop below freezing, which can make sidewalks icy and slick. And if you think slipping and falling is no big deal, think again. In 2015, at least 1 million people in the U.S. were hospitalized due to injuries related to a slip or fall accident (Centers for Disease Control).

Falls that occur on sidewalks in and around Kansas City are usually the result of one of the following four causes:

• Snow and ice: A sidewalk that is great repair can become difficult to traverse if it is covered by snow or ice. Slippery sidewalks are one of the largest causes of sidewalk falls.
• Miscellaneous objects: Falls can also occur when a person trips over a random object on the sidewalk. Common items include leaves, tree branches, garbage cans, trash, and children’s toys such as bicycles, balls, and wagons.
• Cracks and buckling: Cracks can occur for several reasons, including normal aging, tree roots, and weather. A crack can lead to uneven sidewalks surfaces and cause a person to lose their footing and fall.
• Potholes: Cracks that are not repaired in a timely fashion can lead to potholes. When water settles into a crack and freezes, it expands thereby making the crack larger. Tree roots can also cause potholes.

A common misconception about sidewalk fall accidents is that the person is out-of-luck when it comes to trying to recover damages because no one can be held liable. While this sentiment is all too common, it is simply not true. In fact, laws in both Kansas and Missouri require property owners and managers to take “reasonable precautions” to prevent injuries on their property, otherwise known in the legal world as premises liability.

What this means is that location matters. For example, if you fall and are seriously injured on an icy sidewalk, the person/entity responsible for keeping that sidewalk passable differs based on who owns or manages it. The following is a simple breakdown:

• Public sidewalks are the responsibility of the local municipality. A municipality can be liable if it can be shown that they had actual or constructive notice of a dangerous condition on the sidewalk that led to the injury. “Actual notice” happens when a resident makes a complaint to the municipality regarding the sidewalk. “Constructive notice” means that the problem is so obviously dangerous that the municipality should have addressed it.

• Private sidewalks – are the responsibility of the home or business owner/manager. Some municipalities may have local ordinances provide home and business owners with more specifics. For example, in Lawrence, Kansas, snow and ice must be removed from sidewalks within 48 hours. Most homeowner’s insurance policies provide coverage for fall accidents that occur on the property.

If you or a loved one suffered a serious injury after a fall accident, it is important to know that you may have legal options. The Injury Attorneys at Hubbard & Kurtz, L.L.P., have helped numerous victims of slip and fall accidents, in both Kansas and Missouri, obtain compensation for their injuries. Our caring team of attorneys will take the time to listen to you and carefully review the facts of your case. To schedule an initial consultation with one of our experienced Kansas City Personal Injury Attorneys, contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673. At Hubbard & Kurtz, L.L.P we are dedicated to helping injury victims!

It is officially autumn. The season where we have come to expect pumpkin spice flavored hot beverages, temperatures to drop, and leaves to turn bright reds, yellows, and oranges before falling to the ground. But no one expects to trip or slip and fall and get hurt in fall, or in any other season for that matter. Falls, by their very nature, are accidental, not planned. But when something that you did not plan for happens, it can be difficult to know what to do. A sudden and unexpected injury can be scary and cause a sense of panic. What happens during the aftermath of a slip and fall accident can also impact a person’s ability to recover. To make sure that you are prepared for the unexpected, here is a list of what to do in case you are ever injured in a slip and fall accident:

1. Obtain medical treatment. If you have any reason to believe that you may have suffered an injury after a slip and fall, you need to obtain prompt medical treatment. After an accident, you may know that you bumped your head, but you may not know the full extent of your injuries. Only a trained medical expert who knows what to look for after an accident can make sure that all of your injuries are identified. Prompt treatment is not only good for one’s safety, but it also aids in recovery. An insurance company will try to argue that any delay in treatment suggests that the accident may not have caused the injury.

2. Document the scene of the accident. As soon as possible after the fall, assess the scene and try to determine what caused you to fall. Was there water or ice on the ground? Did you trip over something on the ground? If you can, use the camera on your cell phone to take photographs of the scene and document what you think caused your accident. Try to write down as much as possible about the accident because memories tend to be not as fresh as time passes. If there were any witnesses, obtain their contact information.

3. Make a report. Depending on where the accident happened, try to make a report. If you fall while in a business, like a store or a restaurant, call a manager over and ask that he or she make a written report. Before leaving the scene, request a copy of the report.

4. Do not blame or admit guilt. After an accident, emotions can run high. However, it is important to regain your composure quickly so you can think clearly. Do not admit to any wrongdoing or assess blame. If you need to give a statement, keep it short and stick to the basic facts. Never discuss the details of your injury on social media.

5. Call a trusted personal injury attorney. If you are considering legal action, you should contact an attorney as soon as possible. The goal of any insurance company is to pay as little as possible to settle a claim. The insurance company may try to get you to admit to the accident was partially your fault and that your claim is worth little to nothing. Even though a slip and fall accident may seem fairly straightforward, they can be complex cases that are challenging to prove.

If you or a loved one suffered a serious injury after a slip or trip and fall accident, it is important to know that you may have legal options. The Injury Attorneys at Hubbard & Kurtz, L.L.P., have helped countless injury victims, in both Kansas and Missouri, obtain compensation for their injuries. Our caring team of attorneys will take the time to listen to you and carefully review the facts of your case. To schedule an initial consultation with one of our experienced Kansas City Personal Injury Attorneys, contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673. At Hubbard & Kurtz, L.L.P we are dedicated to helping injury victims!

As a parent of a young child, you are busy. In fact, you may even feel like you are always on the go. Sit back for a minute and think about all the car trips you and your child take every week. There may be daily trips to preschool or daycare, in addition to weekly trips to the grocery store, grandma’s house, and to take older siblings to sports practices. Now, consider the fact that almost fifty percent of all car seats are not installed correctly. It makes one wonder if your child is as safe in the car as you think.

As a parent, there is peace of mind in knowing that your child is indeed safe on those numerous car trips. Recognizing this need, the National Highway Traffic Safety Administration has sponsored Child Passenger Safety Week, which is being held September 15 – 21, 2019. The purpose of this campaign is to promote care seat safety awareness, and to reach the following goals:

1. Correct fit.

When shopping for a car seat, fit is key. First, determine which type of seat your child needs. It is important that a child is in the right type of seat for his or her age, weight, and height. Children come in all different shapes and sizes and so do safety seats. From rear-facing bucket seats to front-facing convertible seats to boosters, a seat must be properly matched with a child to ensure the child is safe. Next, make sure that the seat you are looking at works with your vehicle. Not all seats fit in every vehicle.

2. Proper installation.

Car seat installation can be tricky and varies from manufacturer to manufacturer. After you have installed your new seat but before your child rides in it, it is recommended that parents and caregivers have their safety seats inspected by a Certified Child Passenger Safety Technician. They will double-check to make sure the seat is properly installed and that you know how to safely buckle your child into the seat. To find a technician located near you, you can visit the NHTSA’s website. Proper installation can mean the difference between life and death. In 2017, an estimated 325 lives under the age of 5 were saved because they were correctly buckled into a safety seat. Sadly, 46 more children could have been saved if there were buckled properly.

3. Registered with the manufacturer.

The last critical element is that parents and caregivers register the car seat with the manufacturer. This step is often overlooked but is critical so that the manufacturer can communicate any information about the seat such as safety recalls. If owners cannot find the registration card that came with the seat, registration can also be done online. This way if there is a defect found in the seat the proper repair or replacement can be made.

Make sure that any time your child travels in a vehicle that he or she is properly restrained. In 2017, 675 kids ages 12 and younger died in vehicle crashes. It is estimated that more than 35% of children who died in car crashes were unrestrained.

If your child was injured after being involved in an automobile accident, it is critical that you schedule an appointment to speak with one of our seasoned Kansas City Personal Injury Attorneys. Only an experienced Personal Injury Attorney can make sure that his or her rights are protected. The attorneys at Hubbard & Kurtz, L.L.P. are skilled advocates who have helped countless accident victims, in both Kansas and Missouri, obtain just compensation. Our compassionate team of attorneys will fight to protect you and hold the wrongdoers accountable. To schedule an initial consultation with one of our Injury Attorneys, contact Hubbard & Kurtz, L.L.P. today at (816) 472-4673.