Kansas City Injury Lawyer Blog

According to a study by The Missouri Coalition for Roadway Safety, seat belt use among commercial truck and bus drivers in the state, is definitely up. The survey conducted in 2010 across Missouri shows that more than 80% of all commercial truck and bus drivers are now buckled up. The last time the survey was conducted was in 2008, when the percentage of commercial truck and bus drivers wearing seat belts was about 73.4%. The study is conducted every alternate year.

Some drivers seem to be much more used to the need for seat belts while driving than others. For instance, drivers of double trailers, bus and boxed trailer trucks showed more improvement in buckling up than drivers of other vehicles. Double trailer drivers wore their seatbelts most often, while dump truck drivers had the lowest rate of seat belt use at 57.5%.

Whenever seat belt usage comes up, most people immediately think about motorists and occupants of a passenger vehicle. Drivers of commercial buses and trucks also need to buckle up at all times, to prevent the risk of suffering serious injuries in an accident. For instance, 18-wheelers are at a high risk of rollovers, especially when a truck driver applies the brakes at high speeds. Besides, these trucks have a much higher chance of flipping over when the vehicle is traveling on a a slippery or wet road. During a rollover, a truck or bus driver can be ejected out the window, causing serious injuries or death.

Incidentally, a Missouri Senate Committee is considering an increase to the fines for seatbelt violators. If Missouri approved the fine increase from $10 to $50, Missouri would have the 3^rd highest fine in the U.S. .

It takes a few seconds to buckle up, but could mean the difference between life and death in a serious accident.

Although nearly everyone agrees that texting while driving is dangerous, there promises to be vigorous debate as Missouri lawmakers consider a new anti-texting law. Here is why.

Missouri's current law against texting while driving only applies to those drivers who are 21 or younger. The law was put in force in 2009 and was the result of a quickly composed legislative compromise. Opponents of a texting ban argue that the law is unnecessary and difficult to enforce. Their position has been reinforced by recent studies that show that texting bans across the nation have been ineffective. Proponents of a new law speak with conviction as tragic fatalities caused by drivers who take their eyes off the road to key in a text continue to mount.

Whether you are for or against a law, there is little question that the public is facing an ever-growing risk on the roadways. While there was a time when texting was restricted to younger motorists, adults are now the largest class of distracted drivers. There is no question we need solutions to this growing epidemic.

From my perspective as a motor vehicle accident lawyer and a highway safety advocate, I am supporting a more comprehensive law for Missouri.

Comparison To Seat Belt Laws

Although I agree that, standing alone, anti-texting laws may not change driving behaviors, it is my position that the texting ban will contribute to the advancement of driver safety. The fact that a driving safety law is unpopular or more difficult to enforce does not mean that law can be effective with public education. For example, when seat belt laws were first proposed, there were similar objections - personal freedom was being infringed upon and the law would be difficult to enforce.

However, what we witnessed was that the seat belt laws gave governmental agencies, transportation officials, and other safety advocates a solid foundation to promote driver safety. Seat belt laws, coupled with targeted safety campaigns, caused seat belt use to increase to the point where using a seat belt is now a habit among a large majority of the motoring public. The public safety cry for a comprehensive texting law is even more appealing when you consider that seat belts only protect those who wear them, while anti-texting laws protect not only the driver, but innocent passengers and other drivers.

Drive By Example

As a highway safety advocate, I have launched a safety campaign to curb distracted driving called "Drive By Example". The motivation for this effort was the realization that safety campaigns are an important component of influencing driver safety. I also recognized that the existing distracted driving campaigns were almost exclusively focused on teen drivers. In contrast, Drive By Example is targeted to adults which now represent the largest class of distracted drivers. By influencing adults to put aside the cell phone while driving, the adult driver is able to not only exercise the highest degree of care while driving, but also model good driving behavior for their children.

Across the country, red light camera systems have been used in an effect to reduce red light violations thereby, preventing violent collisions. However, in a somewhat surprising development, Washington, Missouri has announced that it will soon drop its red light camera program.

The Washington , Missouri City Council voted in favor of discontinuing its contract with the company that supplies the red light traffic cameras. The reason for this discontinuance of red light camera systems is a lack of progress in preventing red light violation-related accidents in the intersections that are equipped with the systems. According to the Washington Police Chief, there has been only a slight decline in the number of traffic accidents at the two intersections in Washington where the camera systems have been installed.

There has also been a drop in injury accidents at the site of these two red light camera systems since they were installed. At one of the intersections at Highway 100 and route A, the number of accidents and injuries has dropped by approximately 50%.

That is not a minor decrease. Besides, there's also been a decrease in the number of red light citations in these areas. For instance, according to American Traffic Solutions, the company that supplied the systems to the city, the number of red light-related citations dropped dramatically from 2,095 in 2009 to just 743 in 2010.

This indicates that the number of people violating red light laws in these intersections has declined, and that driver behavior in these intersections is changing. As a Kansas City car accident lawyer , and a Missouri highway safety advocate, I am a little puzzled about why there has been a rush to discontinue a program that has been shown to have some merit.

As a Kansas City Injury attorney, I believe that employers and the larger community have a great role to play in preventing motorists from using cell phones while driving. A new survey by the National Safety Council confirms that across the country, many employers are in fact taking their responsibilities towards their employees and other motorists seriously.

The survey shows that one out of every five Fortune 500 companies have policies in place banning the use of cell phones while driving for all employees. The survey also indicates that much of the progress has been since 2008.

The National Safety Council has been one of the leading organizations on calling for employers to implement strict "no-cell phone use while driving" policies in the workplace. Approximately 40% of employers who have such policies in the workplace found no negative affect on productivity after the cell phone ban came into effect. In fact, some of them actually found an increase in productivity. More than 50% of the employers were not able to confirm that there was any impact on productivity as a result of the ban.

Having a "no cell phone use while driving" policy in the workplace doesn't just promote employee safety, but also cushions employers against liability in the event of an accident. Kansas City employers must be aware that if their employees are involved in a cell phone-related accident while they are driving a company-issued car, using a company-issued phone, during work hours, outside work hours, on their way to work, or on their way to a work-related appointment, they could also be held liable for any injuries or damages that result from the accident.

As a Kansas City car accident attorney, I am not alarmed by the fact that there has been a slight increase in 2010 distracted driving accidents in Kansas City.

Trying to isolate distracted driving as a factor in accidents can be tricky. The term "distracted driving" includes a broad range of driving behaviors, including not just cell phone use and texting while driving, but also snacking, changing radio stations and applying makeup while driving. Motorists have been known to indulge in wildly inappropriate behavior behind the wheel, all of them guaranteed to take their attention away from the road.

All of these behaviors can constitute distracted driving. However, it's easy for drivers to hide the fact that they were texting or talking on the cell phone while driving. Investigators and accident attorneys can identify cell phone use as a factor in an accident by going through the motorist's cell phone records. However, other forms of distracted driving can be hard to isolate.

As a Kansas City car accident lawyer, I have launched a safety campaign called "Drive By Example" in order to do my part to curb distracted driving. For more information, please visit www.highwaysafetyattorney.com.

What alarms me as a Kansas City car accident lawyer is the fact that distractions are taken so lightly in our country. One of the reasons for this, I believe, is because driving is much easier than it used to be, with more advanced automobiles making it easier to be mobile. Unfortunately, this can create complacency among motorists who believe that they can perform multiple tasks while driving. It's usually an accident that finally convinces them that they can't.

A federal study has suggestions that are no surprise to any Kansas City injury attorney. The analysis by the National Highway Traffic Safety Administration suggests that both Kansas and Missouri could do a much better job of preventing injuries and fatalities in auto accidents if they simply have stronger seatbelt laws. Specifically, the National Highway Traffic Safety Administration is suggesting an increase in fines and penalties for seatbelt violations.

Kansas has some of the lowest seatbelt violation fines in the country. The fine for violations of seatbelt laws here is a pitiful $5. Missouri does a little better with a fine of $10 for every seatbelt violation. According to the National Highway Traffic Safety Administration, both states would have a better chance of encouraging drivers to buckle up if they increased their fines to between $60 and $100.

The NHTSA analysis reveals that nationwide, the average seatbelt violation fine was around $25. The analysis concluded that if states would increase the fines to up to $60, it would increase belt compliance use by approximately 3%. If fines were increased to $100, it would increase seatbelt use by approximately 6%. According to the analysis, those states that had strong seatbelt enforcement had fines and fees averaging $81 and seat belt rates that hovered at about 84%. In states where the fines averaged just over $24, the seatbelt compliance rates were at about 71.7%.

Kansas passed a primary seat belt enforcement law in 2002 that has dramatically increased seatbelt compliance rates in the state. Seatbelt use increased to about 82% after that law was passed. Missouri continues to remain one of the few states that have no primary seat belt enforcement laws. Seatbelt use here continues to languish at approximately 75%.

We could be doing a much better job of preventing injuries and fatalities every year if we increase fines and penalties. Our legislators should be thinking more about saving lives and accidents, even if it means passing unpopular laws.

Automakers must now deal with a new rule by the National Highway Traffic Safety Administration requiring passenger vehicles to keep all occupants of the vehicle inside during a rollover accident. The federal agency this week announced the new regulations, aimed at preventing serious injuries and fatalities resulting from ejections during a rollover.

Rollover accidents, although rare, account for approximately 30% of all accident fatalities in the country every year. The numbers of those fatalities have been declining because of the increased use of electronic stability control systems, which are designed to retain control over the vehicle.

The biggest threat to the occupants of a vehicle during a rollover is from complete or partial ejections from the vehicle. The NHTSA's new rule is aimed at preventing ejections from the side window. Automakers are likely to use side window airbags to cushion passengers, and keep them inside the vehicle during a rollover. The side airbags will have rollover sensors that will trigger the airbags during a rollover accident. Automakers can also use special protected glass in order to prevent side window ejections.

The NHTSA expects all vehicles to have the so-called "ejection mitigation" systems by the year 2018. The cost of installing the system works out to about $31 per vehicle, or about $507 million for the entire auto industry.

However, as a Kansas City injury attorney, I believe that the expenses involved are minor compared to the kind of savings that result from fewer injuries and fatalities in rollovers. The kind of injuries that can result when a person is ejected from a vehicle during a rollover accident, are almost always life-threatening. I am talking about life-altering brain and spinal cord injuries and amputations here. These serious injuries can be avoided if ejections could be prevented.

As a Kansas City car accident lawyer, I believe that American corporate have a responsibility to raise awareness about the pressing safety issues of our times. One of those important safety issues is rampant texting and cell phone use while driving. AT&T has just rolled out its new anti-texting while driving campaign, and it's already making waves.

The campaign is called "It Can Wait ". It is in the form of a 10-minute long documentary that features real life stories from people whose lives have been shattered because of texting while driving. It features stories from eight individuals who have bravely volunteered to come forward with their stories of personal loss.

AT&T's biggest target for this campaign is teen and youth motorists, who are at a high risk for distracted driving. It's not just that teenagers and young drivers have a hectic social life that encourages them to text while driving much more than adults. It's also the fact that these drivers already have heightened safety risks that increase their chances of being involved in a distracted driving accident. For instance, a typical inexperienced teen motorist who is texting may also be driving with his teenage friends. A combination of such factors increases the risks of a distracted driving accident.

AT&T is distributing the video to schools and traffic safety organizations, as well as government agencies. I hope institutions in Kansas can use it to supplement the effect of the new anti-texting while driving law that went into effect on January 1. Texting while driving will now be a punishable offense, leading to a $60 fine, plus court fees. Combining the law with a campaign like "It Can Wait" can greatly increase its impact.

Horn Law, Kansas City's car accident attorneys, welcomes a new law that bans text messaging while driving for all motorists in the state of Kansas . The law went into effect on New Year's Day. Kansas law enforcement personnel, who had been issuing warnings, will now begin writing citations for motorists who are caught violating the ban.

Kansas is now one of 30 states in the US that bans text messaging while driving. The ban includes reading and sending text messages while driving, and includes texting while stopped at a traffic light or a stoplight. The bill was signed into law last spring. There are certain exceptions to the ban, like in situations where motorists need to report a crime, or read emergency weather alerts. Motorists, who are caught violating the ban, will be slapped with a $60 fine, plus court costs.

As a Kansas City car accident lawyer, I would also like law enforcement personnel to combine legislation and enforcement and awareness. First and foremost, it's very important to make sure that every motorist is aware of the new rule. It's also important to make motorists understand that obeying the new legislation is not just their civic duty, but also makes great traffic since. There are studies that indicate that only legislation by itself does not help reduce distracted driving. Law enforcement agencies need to combine legislation banning texting while driving with awareness of the dangers of such practices.

Besides, I would like to believe that the texting ban is just the beginning of a long and well-planned effort against distracted driving. In doing my part, I hope my "Drive By Example" awareness campaign, set to launch in 2011, will be extremely effective in everyone understanding that driving demands the highest degree of care. For more information about Horn Law's highway safety advocacy efforts, see www.highwaysafetyattorney.com.

Missouri and Kansas Truck Accident Attorneys will applaud a proposal by the National Highway Traffic Safety Administration that could soon end with all commercial trucks being required to have speed limiting devices installed on them. The National Highway Traffic Safety Administration has announced that it will soon initiate a Notice of Proposed Rulemaking, requiring speed limiting devices on all commercial trucks.

The initiative comes in response to a petition signed by the American Trucking Association and several trucking safety groups, asking them to mandate such speed limiting devices on all trucks. Specifically, the petition asks the NHTSA to mandate speed limiting devices on trucks that weigh more than 20,000 pounds. Speeds would be limited to a maximum of about 68 mph.

The American Trucking Association has strongly supported the petition for speed limiting devices, but another industry group, the Owner/Operators Independent Drivers Association has opposed any petition to mandate speed limiting devices on trucks.

As a Missouri truck accident lawyer, I have been very encouraged with some of the recent momentum on truck safety issues. In January, the federal administration announced a ban on texting while driving for all commercial truck drivers, and in December, proposed a ban on all hand-held cell phone use while driving for commercial truckers. As I have recently discussed on this blog, it has also proposed reduced work hours for truck drivers to reduce the number of accidents traced to driver fatigue. This proposal to mandate speed limiters on trucks seems to be another step towards trucking safety. For many years, our trucking safety rules have languished in a state of perpetual stupor, too outdated for modern times, and too out of touch with the realities of increased traffic and highway design. That could be changing.