Kansas City Injury Lawyer Blog

The body of a Kansas man was found around 8:00 a.m. on Saturday, October 8, 2011 in Douglas County. He was the apparent victim of an ATV accident late Friday night or early Saturday morning, according to the Kansas City Star and KAKE television. There have been no reports of other fatalities or other people or vehicles involved in the accident. The situation is similar to a single-car automobile accident. Where it differs is in how all-terrain vehicles, or ATV's are regulated by the law.

Kansas and Missouri each have rules for registration of ATV's and regulations regarding when and where people may operate them. Both states require ATV owners to have proper title documents. Neither state allows operation of an ATV on a highway. Neither state, however, has a specific license requirement like the requirement to get a license to drive a car or a motorcycle.

Missouri has stricter rules regarding ATV's than Kansas. Missouri requires anyone using an ATV, as operator or passenger, who is under the age of 18 to wear a helmet. It prohibits anyone under the age of 16 from operating an ATV unless accompanied by a parent or on a parent's property. It also restricts the situations in which someone can ride an ATV as a passenger. The Missouri State Police regulate ATV's and enforce the rules regarding their operation. The Missouri Department of Revenue handles registration and taxes.

No Kansas state agency has specific regulatory authority over ATV's. Titling and registration is handled in the same manner as automobiles, but there is no minimum age to operate an ATV, no requirements regarding safety equipment, and no restrictions on passengers.

During the period from 1982 to 2009, according to the United States Consumer Product Safety Commission, there were 124 reported deaths due to ATV accidents in Kansas, including 34 children under the age of 16. The total in Missouri for the same time period was 303, including 67 children under 16. Some studies suggest that the fatality rate for ATV's has been increasing in recent years.

Continue reading "Fatal ATV Accident in Douglas County, Kansas" »

Effective September 1, 2011, the Missouri Highway Patrol has begun using new standards for testing motorcycle riders. These tests include both written and skill test for motorcyclists. The changes reflect updated testing standards developed by the Motorcycle Safety Foundation.

The new tests include an obstacle motorcycle course. This test has been developed in order to measure the motorcyclist's ability to avoid obstacles and the degree of avoidance skills. Besides the obstacle test, the new tests include other courses that will test a motorcyclist's skill level more accurately. The changes will be implemented across the state of Missouri, and will include both two and three-wheel motorcycles.

Douglas R. Horn, Kansas City motorcycle accident lawyer and safety advocate, could not be more pleased. After all, riding a motorcycle in the year 2011 is vastly different from motorcycling a decade ago. Motorcycles are now faster, more powerful and lighter, making them more of a challenge to operate. The demographics of the motorcyclist population have also undergone a sea change. In the past, motorcycles were favored by a younger generation, while now, an increasing number of motorcycles are purchased by men above the age of forty.

It is important that motorcycle safety standards also be tweaked in order to accommodate the safety concerns affecting these motorcyclists. It appears that the tests which have been developed by the Motorcycle Safety Foundation will do just that.

Stronger testing for motorcyclists is likely to help reduce the number of motorcycle accidents across the state of Missouri. Motorcycle safety is one issue that has been a source of concern to Missouri motorcycle accident lawyers, because death rates in these accidents have remained more or less stable over the past decade, even as overall accident rates have declined.

AllState Insurance Company has released its "America's Best Drivers Report" for 2011, and the news is mostly good for Kansas and Missouri drivers. Of 200 U.S. cities surveyed for the report, Kansas City, Missouri ranks 22nd, and Kansas City, Kansas ranks 37th. Rankings for cities in Kansas and Missouri are as follows:

AllState based its figures on the number of automobile accidents requiring insurance claims for the 200 largest American cities. Its analysis was limited to claims made through their own insurance policies, but as the second-largest auto insurance company in the U.S., its figures cover a relatively large percentage of accident statistics. The report also only covers accidents in urban areas, leaving accidents in rural areas unaddressed.

Drivers in Springfield, the Missouri city ranking highest in the report, will go an average of 12.2 years between auto collisions, and they are 17.9% less likely to have a collision than the average American driver. AllState offers the following tips to avoid collisions:

- Minimize distractions
- Be aware of road conditions
- Leave a safe distance between your car and others around you
- Steer clear of road rage
- Maintenance matters

Despite advances in safety technology and an overall decline in automobile accidents nationwide, AllState reports that there are an average of 32,000 traffic fatalities per year in the United States. Missouri's high ranking in driver safety is only a matter of comparison. The Kansas Department of Transportation reports 385 traffic fatalities and 21,058 injuries for 2008, the most recent year for which it has statistics. The Missouri Department of Transportation reports 652 fatalities and 20,178 injuries for 2009.

Recent news also demonstrates the need for caution on the roads. The Missouri Highway Patrol reports nine traffic fatalities for Labor Day weekend 2011, the same number as in 2010. The Patrol attributes most of these fatalities to a lack of protective gear, such as seat belts or life jackets in the case of boating accidents. Holiday weekends always seem to bring an increase in accidents on the roads, but the need for care when driving is never-ending.

Continue reading "Missouri, Kansas Rank High on AllState's Safe Drivers Report" »

A motorcyclist suffered serious injury after he lost control of his bike on Interstate 29 earlier this month, according to The Kansas City Star.

The Platte County motorcycle accident happened when the motorcyclist was exiting Interstate 29 at Missouri Highway 92. His bike left the road and flipped just before midnight, according to the Missouri Highway Patrol. The injured rider was taken to North Kansas City Hospital for treatment.

Our Kansas City motorcycle accident attorneys urge all motorists to be safe when riding on Missouri roadways.

As beautiful weather fills the Missouri skies, motorcyclists will continue to take to Missouri's byways this summer. Whether they're dealing with oblivious drivers or poor road conditions, motorcyclists are the most at-risk motorists on the road. Motorcyclists are hoping to raise awareness as they, and other motorcycle advocates in Missouri, use the entire month of May to promote Motorcycle Safety Awareness Month.

The theme of this month's awareness campaign is "Share the Road" as it urges all motorists to be considerate of motorcyclist presence, according to Northwest MoInfo. While efforts are focused on educating motorists to actively recognize motorcyclists on the road, motorcyclists are encouraged to make themselves more visible to other drivers as well.

"An increase of interest in human factors, looking for ways to improve rider skills and influence attitudes toward risk and decision-making, may be the wisest path to safer riding," said Tim Buche, President of Motorcycle Safety Foundation.

The National Highway Traffic Safety Administration reports that, per vehicle mile traveled, motorcyclists are nearly 40 percent more likely to die in a traffic accident than an occupant of a passenger vehicle.

There were nearly 5,300 motorcyclists killed in the United Sates in 2008. Another 96,000 were injured in the same year. These statistics show a 2 percent increase from the previous year, illustrating the need for motorcycle awareness now more than ever. In Missouri, more than 100 motorcycle riders lost their lives in traffic accidents in 2009.

Motorcyclists are encourage to complete the proper training before hitting the roadway to decrease risks for being involved in a traffic accident. There are more than 25 motorcycle training locations in Missouri.

Continue reading " Motorcycle Safety Awareness Month Aims to Reduce the Recent Increase in Motorcycle Accidents in Missouri" »

This week, the Governors' Highway Safety Association released its projected motorcycle accident fatalities for 2010. Overall, the news has been quite bleak, especially as far as Missouri is concerned.

The report projects an overall national decline of motorcycle accident fatalities in 2010. However, according to the report, this decline is too inconsequential to make a difference. In 2009, the drop in motorcycle accident fatalities had been a staggering 16%. Clearly, we are in danger of losing whatever ground we had covered in 2009 in motorcycle safety.

When I analyzed Missouri's motorcycle accident fatality numbers last year, I found that there was a drop of just one fatality in the first nine months of 2010, compared to 2009. In the first nine months of 2009, there had been 76 motorcycle accident fatalities in Missouri, and in the first nine months of 2010, that number declined to 75.

Even worse, the report indicates that the use of Department of Transportation-approved helmets has actually declined by 16%. That means a lot of motorcyclists are out there riding without wearing approved helmets. Whether this is the result of a false sense of security because of the sharp drop in motorcycle accidents in 2009, remains to be seen. However, Kansas City, Missouri motorcycle accident attorneys would encourage motorcyclists to ignore any data that indicates a drop in fatalities. Motorcyclists continue to be at a high risk of injuries in accidents. A helmet could be a motorcyclist's only chance of preventing serious and debilitating injury, or even death.

Missouri should also be investing more in educating drivers about the need to share the roads with motorcyclists. Too many accidents are caused because drivers failed to look out for motorcyclists, even though there are more and more numbers of motorcyclists on our roads now.

Douglas Horn, Principal Partner of Horn Law, is a highway safety advocate and a member of the Governor's Highway Safety Association.

Drunk Driving Awareness. Missouri now allows state approved memorial signs to be placed in honor of drunk driving victims. The first sign in the Kansas City district memorializes Laura Reynolds who was killed by a drunk driver on U.S. 24 Highway in Jackson County last Halloween.

I believe memorial signs will be effective in helping reduce drunk driving. Although the sign costs $600.00, it is a very good investment from a highway safety perspective. If you know of a drunk driving victim, please contact Douglas Horn in order that we can look into the possibility of a sign.

Motorcycle Safety Update. I am urging Missouri lawmakers to consider mandatory, state-approved safety classes for new motorcyclists. In my experience in handling motorcycle accidents, training on motorcycle handling, braking, and other safety maneuvers would be of substantial benefit, especially to a person who is inexperienced in riding a motorcycle.

Mandatory highway safety laws always face opposition. Therefore, I would appreciate your comment in regards to this important aspect of highway safety.

Distracted Driving Update. I am excited to launch the "Lead By Example" highway safety campaign which is designed for adults, and especially parents.

Almost without exception, distracted driving safety efforts have been aimed at high school/college age drivers. My new campaign, "Lead By Example" is meant for adult drivers. This kind of safety campaign makes sense because cell phone use among driving adults is becoming more prevalent and, in fact, adults represent the largest segment of distracted drivers.

I am in the process of finding media outlets to help broadcast the "Lead By Example" driving safety campaign.

Continue reading "Missouri Highway Safety Updates: October 2010" »

As a motorcycle accident lawyer who handles serious injury and wrongful death cases, I typically make claims against a car driver who just didn't see our client's motorcycle. While I understand that it is extremely difficult to avoid a negligent driver, motorcyclists who have training in swerving, emergency braking, and other collision avoidance maneuvers are more likely to avoid a collision.

Although I am proud of our track record in individual motorcycle crash cases, I have a passion for helping to create safer roads for all motorists. In this regard, I believe the motorcycle awareness safety campaigns are very effective at helping to convince drivers to keep a better lookout for motorcyclists. As well, I think mandatory motorcycle training would help younger bikers acquire better defensive driving skills.

North Carolina just instituted a mandatory motorcycle training law in response to a 23% increase in the number of motorcycle accidents. In Missouri, I am advocating we take action before we see a rise in motorcycle fatalities. However, as with any mandatory safety training, I suppose there will be a fair amount of opposition.

I would like to hear from experienced bikers to get their perspective on what can be done to make the roads safer for motorcyclists. Please visit www.highwaysafetyattorney.com for more information on my roadway safety efforts.

Based on 2009 preliminary data, motorcycle deaths in the State of Missouri have significantly decreased. This data, reported by the Governors Highway Safety Organization, is consistent with a national trend of reduced motorcycle fatalities across the United States. Although the data is incomplete because it only covered the first 8 months of 2009, the decline comes after 11 years of steady increases in motorcycle accident deaths. The data also supports that there has been a decrease in motorcycle accidents across the board.

While I do believe there are other factors responsible for the decrease in motorcycle accidents in 2009, the primary reason is that there were less motorcycles on the road last year. This is not surprising given the troubling economy. A substantial amount of motorcycle travel is recreational and many people are cutting back on recreation, especially with high gas prices and extra insurance premiums that go along with motorcycle ownership.

However, just because the recent data is favorable, it is not a time to let down on motorcycle safety efforts. Missouri should ramp up motorcycle safety campaigns that have been successful in increasing motorist awareness. One idea would be to utilize billboard advertising on the side of delivery trucks that remind motorists that motorcycles are often difficult to see. This type of campaign is cost-effective and would increase the repetition of the motorcycle awareness message.

Wearing a seatbelt is necessary no matter which road you're traveling on, but there are some highways in Missouri on which you should probably be buckled in extra tight. A new study chronicles the 100 Most Dangerous Highways in the nation, and four highways in the state of Missouri feature on the list.

The list was compiled by The Daily Beast, and relied on fatal crash data from the National Highway Traffic Safety Administration. For purposes of the study, the researchers looked at the number of fatal accidents and number of fatalities on highways across the country, during the three heavy-traffic months of June, July and August. Data was compiled and tabulated for the summer months of 2004, right through to the summer of 2008.

The most number of deadliest highways in the country are located in the states of Texas and California, which should come as no surprise to a Missouri accident lawyer, since these are large and heavily populated states. Both states have at least six of their highways mentioned on the list. However, the fact that Missouri which has a much smaller population than California or Texas, has four highways on the list should cause Kansas City injury lawyers some concern.

The four Missouri highways that feature on the list are:

• I-64 with a total of 16 fatal accidents resulting in 17 fatalities
• I-70 with a total of 201 fatal accidents resulting in 206 fatalities
• I-44 with a total of 190 fatal accidents resulting in 233 fatalities
• I-55 with a total of 108 fatal accidents resulting in 124 fatalities

The next few weeks will see massive vehicular traffic not only on these highways, but across the state of Missouri. As more residents begin their vacations, there will be more numbers of motorists on the highways, almost all of them in a holiday mood. Unfortunately, highway safety or preventing accidents are the last thing on your mind when you're in your SUV and headed to a resort. It's important, however, to remember that summertime accounts for some of the highest accident and fatality numbers of the year. Whether you're traveling on any of these four highways or on any other stretch of road in Mississippi, follow these golden rules of being safe on highways.

1. Avoid driving under the influence.
2. Avoid driving at high speeds.
3. Always wear your seatbelt.
4. Switch off your cell phones and other electronic communication devices while driving.

Our experience at Horn Law correlates to the large scale studies concerning motorcycle safety. While our Missouri motorcycle lawyer sampling may be small compared to the government data, I find that many motorcycle accidents are caused by a negligent car driver who was inattentive or distracted. This, coupled with an upswing in more aggressive driving by the motoring public, is a deadly combination.

It is interesting to note that motorcycle driver training does not reduce the risk of a motorcycle accident, but that a motorcycle equipped with anti-lock brakes does reduce the chance of an accident by 37% (based on data from the Insurance Institute for Highway Safety). As well, a motorcyclist wearing a helmet also lessened the likelihood of death by 37%. This data all points to the fact that it is vital for motorcyclists to drive ultra-defensively, assuming that the car/truck around you can not see you either because of lack of attention or because the driver is otherwise distracted. This is not to say that motorcycle training is not important, but the fact remains that we should put just as much emphasis on encouraging more attentive drivers if we are going to reverse the current trends in motorcycle safety.

As the weather warms in the Midwest, Horn Law encourages all drivers to be on the lookout for motorcycles, turn off the cell phone, and drive defensively.

Douglas R. Horn, founder of The Horn Law Firm, P.C., is a personal injury attorney who represents victims of roadway collisions throughout Missouri and the Midwest. His firm concentrates in serious injury and fatality cases involving car, truck, and motorcycle accidents.

Additionally, Mr. Horn is recognized as a highway safety advocate and has recently been a guest on a number of radio programs to raise the awareness of the dangers associated with driving while texting or using a smart phone.

If you have been injured in a car, truck, or motorcycle accident, a thorough accident investigation can make the difference between an average settlement & a recovery that fully compensates you for medical expenses, income loss, and other personal loss.

In fact, photographs and other accident evidence are so important that our law firm offers free investigations. We do not want anything left to chance or to be delayed because I know through experience how significant a comprehensive investigation is to the claim. We can get the upper hand on the insurance companies and this helps to maximize our client's recovery.

Although police officers or highway patrol may have performed an official investigation, we typically can not solely rely upon these reports. Most certainly, the evidence gathered and analysis of a motor vehicle accident must go well beyond, especially a truck accident or other collision involving a commercial vehicle. For instance, photographs and videos of the vehicles, roadway, and accident debris can be very helpful in establishing the force of impact between vehicles.

In the present day, maximizing insurance compensation takes special effort well before the case is presented to the insurance company representative. This is especially true in cases involving injuries to the head, brain, neck, back, or spine. Additionally, bone fractures or trauma to the joints that are disabling.

As the weather warms, and more people are on the highways and interstates, there typically are an increasing number of vehicular accidents, particularly motorcycle accidents. According to Douglas R. Horn, Lead Attorney & Founder of The Horn Law Firm, Independence, Missouri, a large percentage of the motorcycle cases he handles involve a circumstance where a motorist pulls out in front of an on-coming motorcycle. When this happens there is not much a motorcyclist can do to avoid a collision and serious injury or death.

Without question, Horn's first priority is his client's recovery. "These cases require a high commitment because our client has a life-changing injury and a substantial loss of past, present, and future income. I have a high duty to maximize the insurance compensation." said Douglas Horn. He further stated that, in his view, he has the responsibility to provide counsel and take care of details for the care-givers and the family of his client. "In the early part of the case I want my client to have the best medical care and rehabilitation in order that they reach maximum medical improvement as quickly as possible."

Horn is also trying to make a difference for the public at large. "We need to raise awareness that motorcycles are often difficult to see even on the open roadway in the bright sunlight. Likewise, the motorcyclist must constantly anticipate that the car or truck drivers will violate the right-of- way."