Posts Tagged ‘Kansas City Auto Accident lawyer’

Why Missouri Intersection Accidents Are So Common

Thursday, March 28th, 2013

Intersections pose on of the most dangerous areas of any roadway because cross-traffic must be coordinated in an orderly fashion to prevent traffic collisions.  When drivers are not focused on the roadway, tired or impaired by alcohol, they may fail to stop at stop signs, run red lights or disregard pedestrians in crosswalks.  While most intersection accidents are caused by negligent drivers who disobey traffic laws or basic safe driving practices, the design or maintenance of an intersection may also contribute to a Missouri intersection accident.

At Hubbard & Kurtz, LLP, we work diligently to identify all negligent parties, conduct an investigation that may include use of an accident reconstruction expert and aggressively negotiate to obtain the financial recovery our clients’ are entitled to receive for medical expenses, pain and suffering, diminished earning capacity, vehicle damage, lost income, impaired enjoyment of life and other damages and financial loss.

The most common factor that contributes to intersection crashes in Missouri is unsafe driving practices by inattentive or careless drivers.  These hazardous driving practices include:

  • Failing to reduce one’s speed when approaching an intersection
  • Dividing a motorist’s attention between driving and other tasks like using a cell phone to talk or text
  • Trying to “beat” a stoplight before it turns red
  • Running stop signs because a driver is distracted or intoxicated
  • Unsafe left turns
  • Non-compliance with yield signs
  • Aggressive driving including disregarding right of way rules

While these are just a few of the types of driving behavior that may cause an intersection collisions in Missouri, these types of traffic violations pose an especially serious risk near street corners because car, truck, motorcycles, bicycles and pedestrians must all cross paths.  The inevitable risk presented by vehicles and pedestrians crossing paths at an intersection is reflected by the fact that 43 percent of all vehicle accidents occur in or near intersections.  Although some presume that intersection crashes generally are low speed collisions that cause minimal injury, crashes where traffic intersects on cross-streets account for 21 percent of all traffic-related fatalities.

Drivers who run red lights at intersections because they are distracted, substance impaired or simply careless account for a significant portion of intersection collisions.  A third of all people in the U.S. know someone who died or was injured in a collision where the negligent driver ran a red light.  There are over 1.9 million intersection crashes annually, and almost 220,000 of these traffic accidents are caused by drivers who run red lights.

Although negligent drivers are the primary cause of intersection accidents, sometimes public entities will design an intersection or time traffic lights in a way that increases the risk.  A public entity may also fail to dispatch police to an intersection where the lights are malfunctioning to direct traffic in a timely manner.  In situations like these, the public entity also may share liability for a fatal Missouri intersection accident.

If you or someone you love is injured or a family member dies in a Missouri intersection accident, we urge you to contact us if you have questions.  Our experienced Missouri intersection car accident attorneys at Hubbard & Kurtz, LLP work diligently to obtain financial compensation for our clients’ injuries so contact us toll free at (877) 535-1163 to see how we can help!

What You Can Expect From Boating Accidents

Thursday, August 2nd, 2012

Boating is a very popular activity for many Americans, especially since we are currently enjoying the Summer sun, and enduring the heat. Whether it is cruising around a river, lake, or a reservoir area boating can be seen all over. However, did you know that boating accidents not only can occur in the blink of an eye, but also are actually fairly common? Boating accidents are not only very serious, but usually result in an individual being seriously injured, and even killed depending on the severity of the accident. Yet, how do boating accidents actually occur, and what can you expect when dealing with one?

Understanding Boating Accidents

Usually the main cause of boating accidents today is that of simply not paying attention. Many people do not consider boating to truly requiring an individual to operate a vehicle, since the vehicle itself is in the water. When this type of thinking comes to play individuals become very reckless, and do not give enough attention to their surroundings, as they should. Also, many individual boat while under the influence and participate in operating a boat, or vehicle in the water while being intoxicated, or under the influence of other drugs.

What You Can Expect

Yet, what actually can happen when either in individual, a group of friends, or even a family encounters a boating accident?   When an individual becomes involved in a boating accident they face a few different results whether it is that of being injured, or killed. Some injuries that you can easily encounter when being the victim of a boating accident include, but are not limited to:

  • Drowning
  • Brain injury
  • Broken bones
  • Spinal cord injury
  • Head injuries
  • Amputation of limbs
  • Internal organ damage
  • Death

While you can easily become injured as a result of a boating accident one can also assume that any boating vehicle involved with the accident can be severely damaged, as well as other aspects of boating including docks, homes, and other boats.

When you or a loved one has been injured, or killed as a result of a boating accident do not hesitate in contacting an experienced, and dedicated personal injury attorney immediately. By contacting a personal injury attorney your rights, your case, and your life will be fought for accordingly with your best interests in mind.

We listen to our clients and follow through on our commitments. We will give you the quality service and personal attention that you deserve. From our offices in Kansas City, we help clients from throughout the region, including St. Joseph, Independence, Lees Summit, Columbia, Warrensburg, Overland Park, Olathe, Atchison, Lawrence, Topeka, and many more Kansas and Missouri communities. For primary startup and general information our offices are located at 1718 WALNUT, KANSAS CITY, MISSOURI 64108, or we can be reached locally through phone at (816) 472-HOPE (4673), fax at (816) 472-5464, or our TOLL FREE number at (877) 535-1163

How “Visibly Intoxicated” Is Proven in Dram Shop Cases

Monday, September 19th, 2011

If you were driving home one night and were hit by a drunk driver, whom would you sue? Some people who were injured by a drunk driver are choosing to sue the bar or restaurant that served the drunk driver alcohol. These cases are called “Dram Shop” cases. Injured parties sue the bar because they enabled a driver or over served someone too much alcohol. These cases are not easy to prove, but they can be won in Missouri.

The Missouri Statute lists three main parts in Dram Shop cases. The first restriction is that the suit has to be filed by the person who suffered the injury or on the behalf of someone who died in the accident. The second restriction is that the case must be filed against the person that is licensed to sell alcohol at the bar or restaurant. The third restriction is that there must be clear evidence that the bartender or seller knew that the person was intoxicated and proceeded to give that person more drinks. It can be hard to prove because it relies so much on personal testimonies.

The first step in making this case is to find out where the person was served alcohol, and it may be hard to find people to volunteer that information. Even more difficult than that is finding proof that the person driving the vehicle was noticeably intoxicated. This is hard because you have to find someone who remembers the driver drinking at the bar, and then the person must be willing to testify in court. Because this is so difficult, many times these types of cases use breathalyzer tests and a toxicologist’s testimony to prove that the person driving was visibly intoxicated. A lot of times, the drunk driver may not have insurance, and if he or she does, it is very little.

In most cases, it is not enough to cover the damages of the injured party. This is why the person that was injured may consider filing a claim again the bar or restaurant serving the alcohol. Recently in Missouri, the court ruled that the visible intoxicated part of the law could be proven without direct evidence. Because of this, an eyewitness’s testimony is not required in Missouri.

We listen to our clients and follow through on our commitments. We will give you the quality service and personal attention that you deserve. From our offices in Kansas City, we help clients from throughout the region, including St. Joseph, Independence, Lees Summit, Columbia, Warrensburg, Overland Park, Olathe, Atchison, Lawrence, Topeka, and many more Kansas and Missouri communities. For primary startup and general information our offices are located at 1718 WALNUT, KANSAS CITY, MISSOURI 64108, or we can be reached locally through phone at (816) 472-HOPE (4673), fax at (816) 472-5464, or our TOLL FREE number at (877) 535-1163.