Kansas City Injury Lawyer Blog

A head-on collision on U.S. 69 in the early morning of Monday, November 14, 2011 took the lives of a 29 year-old Overland Park woman and her 9 year-old daughter, the Kansas City Star reports. An SUV driven by Heidi Lynn Adams in the southbound lanes of U.S. 69 in Overland Park apparently crossed the 60-foot median just before 6 a.m. and struck two pickup trucks in the northbound lanes. Adams' two other daughters, ages 4 and 7, were also in the vehicle and survived with serious injuries. Drivers of the two trucks are expected to fully recover. Police have not released information as to what caused Adams' vehicle to cross the median.

In a similar accident during the afternoon on November 14, a woman, also 29 years old, died in a three-car crash on U.S. 63 in Oregon County, Missouri, when her vehicle struck an oncoming truck and then another vehicle in her lane of traffic. According to the Springfield News-Leader, the Jeep Grand Cherokee driven by Tiffany Smith on southbound U.S. 63 passed a Mercury Sable in a no-passing zone, hit a northbound Freightliner, then skidded into the Sable. Smith was pronounced dead at the hospital about two hours later.

The accident in Overland Park involved a multi-lane highway with only a grass median separating the north- and southbound lanes, allowing Adams' car to pass into oncoming traffic unobstructed. Kansas officials had already been in the process of reviewing placement of median barriers after several accidents occurred on Kansas 10 between Johnson County and Lawrence. They are looking for "hotspots," areas with a higher number of traffic fatalities than average where placement of cable barriers separating oncoming lanes of traffic could save lives.

The Star reports that the stretch of U.S. 69 where Adams' accident occurred had 215 accidents and 57 injuries over a five-year period, but no fatalities. The overall accident rate for that stretch of road is a fraction higher than the statewide rate. Missouri officials claim cable barriers save up to 45 lives per year, but some traffic experts caution that cables can cause problems as well. A University of Nebraska traffic specialist consulting with the Kansas Department of Transportation states that cables can sometimes cut off car roofs, with the expected risk to the car's passengers. The proper remedy for a given stretch of highway therefore depends highly on the specific conditions of that area.

Continue reading "Head-On Collisions Cause Several Traffic Fatalities on Kansas and Missouri Roads" »

With over 30 million people hitting the road to visit family and friends for Thanksgiving, expect highway traffic volumes to be considerably high. This congestion, coupled with the fact, that many are taking longer than normal trips, creates a heightened highwaysafety risk. While it is difficult to avoid traffic, buckle up, keep driver distractions to a minimum and drive defensively to minimize the chance of a collision.

Here are some reasons why Thanksgiving is traditionally the most dangerous holiday for motorists followed by tips to keep you safe.

1. Aggressive Driving. Holiday celebrations sometimes bring out the worst in us. The stress and ension of Thanksgiving travel cause drivers to speed up, make erratic lane changes, and follow too closely. To ease the pressure, decide upon an arrival time at your destination that will allow you to drive at a slower pace. Enjoy the journey and build in breaks and leisurely meals.

2. Drowsy Drivers. For many, Thanksgiving celebrations start early and end after dark making for a long day. Feasting and holiday activities make you tired and less alert. If you do have travel, prepare by getting restful sleep before your leave and take breaks to refresh. Switching drivers also helps.

3. Impaired Driving. Keep in mind that drunk driving and impaired driving are different. While several drinks may not make you drunk, it will impair your driving abilities, especially after a long day. Alcohol also interacts with your medications to cause you to be less focused. The best advice for drivers is to hold off on a drink until you are safe at your destination.

4. Road Hazards. Road hazards come in many forms. Some common hazards at Thanksgiving include vehicles parked on the shoulder due to mechanical problems or deer crossing the roadway. Drivers who are unfamiliar with the routes of travel also can become a road hazard for other motorists. Drivers should expect hazards and drive steady and alert.

Have a Safe & Happy Thanksgiving,
Douglas R. Horn

This email is a driver's safety alert from Douglas R. Horn, Lead Attorney of The Horn Law Firm, P.C. Mr. Horn is a personal injury lawyer who concentrates his law practice on motor vehicle crash cases causing serious injury.

Mr. Horn also devotes a significant part of his work to driver safety issues. His safety campaign, Drive By Example, is designed to influence drivers to use the highest degree of care and model the behaviors that protect themselves, their passengers, and other motorists.

An Ohio pharmacist received a six-month prison sentence after a medication error caused a two year-old child's death. In February 2006, Emily Jerry went into Rainbow Babies and Children's Hospital in Cleveland with her parents. She was there for her last chemotherapy treatment. A pharmacy technician prepared the medication for her treatment, but used the wrong saline dosage. Instead of the recommended one percent solution, the technician used a solution with twenty-three percent saline. When the treatment was administered to Emily, she reportedly began screaming and quickly fell into a coma. She died several days later.

An investigation into Emily's death found that, although the pharmacy tech claimed to have expressed concerns about the solution she had prepared, the supervising pharmacist, Eric Cropp, signed off on it. Cropp lost his pharmacist license, and prosecutors charged him with involuntary manslaughter in Emily's death. The pharmacy technician did not face any criminal liability. Evidence presented by the defense suggested that the busy and chaotic environment of the hospital, as well as a rush job on Emily's medication, contributed to a tragic accident. Cropp received a six-month prison sentence in 2009. Criminal liability for a pharmacists, or any medical professional, is rather rare, so the case resonated in the pharmacist community. With a felony conviction on his record, Cropp will never work as a pharmacist again, but the case has created benefits for patient safety in Ohio.

Ohio legislators introduced a bill in 2007 inspired by this case. At the time of Emily's death, Ohio did not require any specific educational background or license for pharmacy technicians. While pharmacists bear final responsibility for the technicians they supervise, technicians have a great deal of responsibility for the actual preparation of medications. Supporters of the bill noted the importance of ensuring a minimum level of competence as a means of avoiding future tragedies like Emily Jerry. The bill, known as Emily's Law, took effect when Ohio governor Ted Strickland signed it in January 2009.

Continue reading "Fatal Medication Error Results in Jail Sentence for Supervising Pharmacist, Inspires New Law" »

Many drivers are starting to realize that distracted driving is rising to epidemic levels in Kansas City. While texting while driving used to be limited to teen drivers, the advent of the smart phone has many adults multi-tasking behind the wheel. Many safety experts believe that the driving hazards are only going to get worse as cell phone popularity increases and technological advances expand.

While distracted driving has given rise to more "fender bender" type accidents, the bigger safety concern is on the congested interstates and highways. The statistics show that because of the absence of traffic control devices and the longer commute times, motorists are more likely to become distracted by their cell phones while highway driving. That, coupled with the fact they are driving at higher speeds, is a disaster waiting to happen. Not only are there more crashes, but the impacts tend to be more violent resulting in more serious injury and death.

As a Missouri Crash Lawyer, I am interested in solutions to the distracted driving crisis. In my opinion, the solution starts with changing the Missouri driving culture. To accomplish this we need for Missouri lawmakers to pass a distracted driving law that pertains to all drivers. Presently, Missouri has an anti-texting law that applies only to drivers who are 21 and younger. Second, we need to back up the new distracted driving law with enforcement. If you and I can tell who is distracted while driving, a police officer can as well. Third, safety awareness campaigns and mass media exposure are very helpful in changing driving culture. Not only could laws against distracted driving be publicized, but the campaigns can promote the life-changing consequence of a distracted driving accident. These campaigns could be state-sponsored or privately funded. Finally, teen driver education must emphasize the habits and behavior that lead to dangerous driving. There must be a respect for the other driver and we must teach new drivers that they must set an example.

In 2011, in order to contribute to a solution, I kicked off "Drive By Example". You can learn more about "Drive By Example" at hornlaw.com. Also, we have just gone live with www.hornlawprofile.com. This site capsulizes all of Horn Law's driving safety efforts.

Please email me at dhorn@hornlaw.com if you have a comment regarding any matter regarding driving safety or motor vehicle crash cases.

Stay Buckled & Alert,
Douglas R. Horn
Lead Attorney, Horn Law

Pedestrian deaths on roads and highways in Missouri are on the rise, with the total number for 2011 set to exceed last year's total. According to the Missouri Department of Transportation (MoDOT), 54 pedestrians have died after being struck by vehicles as of the end of September. The year 2010 saw a total of 57 pedestrian fatalities statewide. Included in the count of "pedestrians" are people walking along or crossing a road, as well as people who had gotten out of their vehicles along the roadside. MoDOT defines a pedestrian as anyone on or near a roadway and not in a vehicle or on a motorcycle.

In an effort to reduce the number of pedestrian deaths, MoDOT has launched a safety campaign, "Be Safe. Be Seen," to educate both pedestrians and motorists about road safety. MoDOT officials note that pedestrian fatalities have occurred this year at all times of day, on both highways and smaller streets, and in both urban and rural areas. This campaign is therefore aimed at everyone in the state.

The saying that "pedestrians have the right of way" has long been popular, but it is far from accurate. For one thing, that is not true from a legal standpoint. Pedestrians do not have any meaningful right of way on an Interstate highway, for example. In a battle over a right of way between an automobile and a pedestrian, the odds are very much in the car's favor. Pedestrians should never assume that a car will give them the right of way, and they should never try to take it from an oncoming vehicle. MoDOT's guidelines largely focus on steps pedestrians can take to not only avoid dangerous traffic conditions, but also to be visible to drivers. Two key tips offered by MoDOT are:

- Obey signs and signals.
- Don't assume drivers will stop for you. Unless you are in a crosswalk, the driver usually has the right of way.

Other tips include using sidewalks when possible, wearing light clothing at night, and only crossing at crosswalks and intersections.

For people who must pull their cars to the side of the road, MoDOT recommends leaving the headlights and emergency lights on and only exiting the vehicle on the side furthest from traffic. If possible, it recommends staying in the vehicle with seatbelts fastened until help arrives. Stranded motorists can call *55 from a mobile phone to reach the State Highway Patrol. The Highway Patrol also has "Send Police" signs available upon request.

Continue reading "Missouri Works to Halt Increasing Rate of Pedestrian Highway Deaths" »

Drivers in the state of Missouri ranked at second position in a list of the worst drivers in the United States. The list was compiled by a car insurance comparison website, and finds that drivers in Missouri ranked high in careless driving, drunk driving and traffic violations.

The analysis compiled data from the National Highway Traffic Safety Administration, the American Motorists Association and Mothers against Drunk Driving. The National Highway Traffic Safety Administration provided driving fatality data, the American Motorists Association provided data about tickets, and Mothers against Drunk Driving offered data about the incidence of driving under the influence in Missouri. This data was then ranked and scored, with a higher score indicating poor performance.

According to the compilation, Missouri drivers rack up plenty of traffic violations. On this indicator, the state scored 45 on the rankings. Missouri drivers also ranked in the top 10 for carelessness, and driving under the influence of alcohol. Overall, Missouri ranks next to Louisiana, which is the state with the worst drivers in the country.

Missouri was followed by Texas, Florida, Oklahoma, Arizona, Kentucky, Montana, Alabama and South Carolina. According to the data, Missouri ranked at 44 fatalities per million miles in Missouri. The state had a 45 ranking on tickets, a ranking of 44 for drunk driving. The state ranked at 42 on careless driving, ending up with second placed on the list.
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Attorney Douglas Horn, a Missouri car accident lawyer, has deployed "Drive By Example", a driver's safety campaign designed to reduce distracted, impaired, and reckless driving. "Drive By Example" educates driver's on the high level of care, attention, and responsibility associated with driving and analyzes the behaviors and habits that change good drivers into dangerous drivers.

When pharmaceutical companies allegedly violate regulations governing prescription drugs and medical devices, federal and state governments frequently pursue civil and criminal claims against them. Drug and medical device companies have paid billions in fines and settlements over complaints of marketing schemes that violate federal and state law, often involving kickbacks to doctors and hospitals in exchange for favoring a particular drug or device. Such a scheme clearly subverts a doctor's independent professional judgment and creates a conflict of interest, since the doctor might not have a patient's best interest foremost in mind. According to a review conducted by reporters for the Washington Post and ProPublica, of all the civil and criminal cases brought recently over these issues, almost none resulted in penalties of any sort for the doctors involved. This should cause concern for patient safety, for if doctors are not held responsible for their roles in kickback schemes, other companies may continue the kickback process and put patients at risk.

A kickback scheme typically involves a drug or medical device manufacturer offering a benefit to a doctor in order to encourage that doctor to prescribe a particular drug or device. This rarely, if ever, involves outright payment of money. In the recent cases brought by the federal government, for example, drug companies allegedly offered paid speaking engagements to doctors who prescribed their medications. The concern for patient safety involves the unique doctor-patient relationship, in which a doctor must evaluate all options for treatment and make an impartial decision based on all available information. Introducing a form of inducement to favor one medication or treatment over another has the potential to corrupt this process. As a result, patients may receive inappropriate or off-label medications, or even incorrect or unnecessary treatments. The cases brought by the government did not allege any specific harm to patients resulting from the kickback schemes, but proving damage like that was not a necessary part of their case.

Since 2008, at least fifteen companies selling both medications and medical devices have settled cases alleging kickbacks and marketing fraud to the tune of around $6.5 billion. Over 75 doctors appeared in the various civil and criminal complaints as alleged participants in both illegal marketing and kickback schemes, but according to the review by Washington Post and ProPublica reporters, none of them faced sanctions. Reporters consulted with state medical boards and found that they rarely investigated the allegations of wrongdoing by the doctors contained in the government's complaints.

Continue reading "Doctors Pay Few Penalties in Cases of Unlawful Pharmaceutical Marketing" »

It is a silent killer on our roads, and yet, Missouri car accident lawyers find very little attention paid to the fact that thousands of people are killed every year in accidents caused by fatigued or drowsy drivers. The National Sleep Foundation wants to change that. Next week, the organization will mark National Drowsy Driving Prevention Week from November 6- November 12. The aim of this commemoration is to draw more attention to the risks from driving while a person is in a drowsy state.

Every year, drowsy driving accidents cause more than 1,600 deaths. An additional 70,000 people are injured in these accidents. In spite of this, few people take the threat from drowsy or fatigued driving seriously. While drunk driving, or even distracted driving to a certain extent, are frowned upon by many people, few motorists worry about the dangers from driving while sleepy. In fact, according to one survey, approximately one third of drivers have driven while they're in a very tired state.

A person who is driving while sleepy is likely to miss important traffic signs. There's a reason why drowsy driving is often linked to wrong-way driving accidents. These are typically high-impact accidents that cause serious injuries or instantaneous deaths. A car being driven by a drowsy driver can veer off the lane, and crash into another vehicle broaching from the opposite direction.

According to the National Sleep Foundation, many motorists who are driving while drowsy may not even realize that they have dozed off. It is possible for a person to slip into a period of micro sleep that lasts for between 3 and 4 seconds. That is enough time for a vehicle to collide with another vehicle or a stationary object.

Douglas R. Horn, Lead Attorney of The Horn Law Firm, concentrates his practice on representing victims of car, truck, and motorcycle accidents. Over the past 20 years, Mr. Horn has built an exceptional track record of maximizing recovery for clients who have suffered a life-changing injury due to a distracted, impaired, or reckless driver.

As a natural extension of his law practice, Mr. Horn devotes a significant part of his work to driver safety issues. He created and leads Drive By Example, a driver's safety campaign designed to influence drivers to exercise the highest degree of care while driving. He also heads Rural Road Ready, a campaign specifically targeted to improve rural road safety.