•  -
  • Should be Empty:

  Contact Us
jim shetlar accident lawyer ks mojim shetlar injury lawyer ks mojim shetlar medical malpractice lawyer ks mojames shetlar slip fall lawyer mo ksjim shetlar work comp lawyer ks mojim shetlar work accident lawyer mo ksjames shetlar tips attorney lawyerjim sheltar contact ks mo attorneyjim shetlar ks mo attorney lawyer

November 15, 2017

Kansas City Car Accident Lawyer, James R. Shetlar, with Award Winning Experience…

Missouri's Comparative Fault Rules:

Missouri has laws that dictate how a car accident case is handled if more than one party is to blame for causing the accident. Missouri follows a "pure" comparative fault rule in this situation.

Pure comparative fault works like this: If you file a lawsuit in court (you are called the plaintiff) after you are injured in a car accident. After hearing your case, the jury decides that the total damages award should be $100,000. The jury also finds the other driver (who is called the defendant) to be 80 percent at fault for the accident, and deems you 20 percent at fault.

Under Missouri's pure comparative fault rule, you will receive 80 percent of the total damages amount, or $80,000, in this example. This number represents the total amount of damages, multiplied by the percentage of fault the other driver was found to have. You can also think of it as the total amount of damages minus the percentage of fault you were found to have.  Since Missouri is a "pure" comparative fault state, this formula remains the same regardless of the amount of fault you are found to have. You can always recover some amount of damages from another at-fault party so long as you are not 100 percent at fault. 

The Defendant Driver Will Use Comparative Fault:

Comparative fault is often the defendant driver’s main effort to defend against a personal injury negligence claim.  The effect of comparative fault is to let the defendant driver try to show that other people or companies, including the injured person (the plaintiff), were responsible for causing the plaintiff’s injuries and damages.  Every percentage point of fault the defendant driver can move onto another person or company equates to less of the damages that he/she/it will have to pay.  So defendants fight very hard to be able to point the finger at others, including you as the injured person.  This can directly affect your recovery.

Kansas City Car Accident Lawyers Must Be Experienced:

Determining whether someone is “negligent” or has “comparative fault” in an auto accident is complicated.  There are many questions an experienced lawyer would ask you after your vehicle accident, and then they lawyer would use his or her judgment to make a determination of whether a jury might find you at fault or partially at fault.  Mr. Shetlar is just the award winning and experienced greater Kansas City auto accident attorney that you need.  Give him a call today to see if you have an auto accident claim. 

Kansas City Auto Accident Consultations are Free of Charge:

You will never pay a fee unless we win money for you. 

Call Mr. Shetlar today. 

Phone: 913-648-3220 Ext 3033

8000 Foster St

Overland Park, KS 66204

------------------------

November 01, 2017

Kansas City Car Accident Lawyer, James R. Shetlar, with Award Winning Experience…

What Makes Someone Responsible for a Missouri Car Accident?

Missouri uses a legal theory called “negligence” to determine when someone is at fault for a car accident. 

Missouri Negligence Law: 

To be negligent is to act (or fail to act) in a way that violates a duty you owe to another individual.

What are the Elements of a Negligence Case?

The elements of a Missouri negligence case are:

What Duties Does a Driver Have?

The law requires drivers to use reasonable care to avoid harming anyone encountered on the road. But what exactly does this mean? Here are some examples. If a driver fails to meet these requirements, he or she may be found to have violated the driver’s duty of reasonable care.

Kansas City Car Accident Lawyers Must Be Experienced:

Determining whether someone is “negligent” in causing an auto accident is complicated.  There are many questions an experienced lawyer would ask you after your vehicle accident, and then they lawyer would use his or her judgment to make a determination of whether a jury might find you at fault.  Mr. Shetlar is just the award winning and experienced greater Kansas City auto accident attorney that you need.  Give him a call today to see if you have an auto accident claim. 

Kansas City Auto Accident Consultations are Free of Charge:

You will never pay a fee unless we win money for you. 

Call Mr. Shetlar today. 

Phone: 913-648-3220 Ext 3033

8000 Foster St

Overland Park, KS 66204

 

-----------------

October 15, 2017

Kansas City Auto Accident Lawyer, James R. Shetlar…

“Minor” Car Accident Costs Add Up:

Each year, there are over 10 million motor vehicle accidents in the United States. These accidents range from fender benders to multiple vehicle crashes on highways. According to the National Highway Traffic Safety Administration (NHTSA), the total annual cost of auto accidents in the U.S. is $871 billion. This includes the cost of property damage, medical bills, lost wages and legal expenses.

Serious car accidents typically cost more in terms of both medical expenses and property damage, but minor accidents too can be quite expensive. The average driver files an accident claim with the insurance company once every 18 years. The chances are high that everyone may get involved in at least one minor car crash during his or her lifetime.

Any car accident, even a minor one, can involve hidden costs that can create a huge financial burden for months or even years to come. The following are some of the big costs that can occur even with fender benders.

Insurance Premiums:

We all buy insurance to protect us in the event of injuries and property damage. However, if you are in an accident, your insurance premium will typically increase by an average of 20 percent in Missouri and as much as 36 percent in Kansas according to CarInsurance.com. In case you are receiving a discount for a good driving record, you will likely lose this discount.

Repair Costs:

If you do not have adequate collision coverage, you might have to pay out of pocket for repairs. If you have collision coverage, you will still have to pay a deductible before the coverage kicks in.

Car Rentals:

Your insurance company will pay the cost of a rental car if you have rental reimbursement coverage. However, if you do not have this coverage, you will likely have to pay these expenses yourself.  You could add rental reimbursement coverage to your insurance if you do not already have it.

Medical Costs:

Even minor car accidents can cause some injuries, and even if there are no injuries, ambulances are called as a precautionary measure. These costs are covered by insurance, but it may take weeks for you to get these payments. In the meanwhile, these medical bills can pile up and impact your credit rating. If the insurance policy includes medical coverage, some of the expenses such as co-pays and deductibles may get reimbursed.

Car Loan:

If the car is totaled in the crash, the insurer will generally pay you the actual cash value, but it may not be enough to pay off your car loan. You could be left with thousands of dollars to pay and have no car to show for it.

Free Auto Accident Consultations:

All auto accident evaluations are free of charge.  Mr. Shetlar will charge you NOTHING, unless he wins money for you.

Make the call today.

Phone: 913-648-3220 Ext. 3033

Toll Free: 888-361-0054

Missouri: 816-842-1195

 

----------------------

October 1, 2017

Kansas City Auto Accident Lawyer, James R. Shetlar…

Car Accidents from Sudden Stops:

Many times drivers stop suddenly on the road, particularly during heavy traffic times. Sudden stop accidents often occur when a driver stops his or her vehicle suddenly and another driver swerves to avoid a rear end collision and collides with a nearby vehicle.  The people driving near the vehicle which stops suddenly often suffer damage as a result.

Driving Responsibly:

It is the duty of every driver to follow the traffic rules and drive in a responsible manner. While driving, one should take into account roadway hazards, weather conditions, and the surrounding traffic. Drivers are expected to refrain from speeding and distracted driving like texting, answering phone calls, or driving while intoxicated. Drivers should also yield the right of way.

Negligence Claim:

If a driver does not observe these things and an accident takes place, he or she may be held liable. The victim can make a negligence claim and oftentimes can get compensation (money) from the careless driver.

The injured person has to prove that the “at fault” driver was driving negligently and that the accident occurred as a result. The injured person has to show that the careless conduct of the other driver is directly responsible for his or her injuries. If the “at fault” driver is able to prove that the person was injured due to some other reason like a mechanical problem with the brakes, then the injured person will not be able to recover compensation (money) from the other driver.

Reasons for Sudden Stop Car Accidents:

There are many common reasons due to which the “at fault” driver could have stopped his vehicle suddenly and caused the accident. A driver may have stopped suddenly when he was not paying attention to the road and was engaged in texting, talking on the phone or to passengers, adjusting the radio, or eating in the vehicle. 

Or the other driver could have been tailgating or speeding and did not have sufficient time to stop the vehicle in a safe and responsible manner.

Recovering Damages for a Sudden Stop:

At the time of trial or in settlement discussions, the injured person’s attorney can show his or her medical bills as evidence for the medical expenditure incurred due to the accident. 

The injured victim may be entitled to reimbursement for the medications, physical therapy expenses, medical bills and even for future medical care costs. The injured person may not be able to work due to the injuries. This often causes loss of income. Therefore, the injured victim can often get compensation (money) for the lost wages and also the loss of earning capacity due to the injuries.

Free Auto Accident Consultations:

All auto accident evaluations are free of charge.  Mr. Shetlar will charge you NOTHING, unless he wins money for you.

Make the call today.

Phone: 913-648-3220 Ext. 3033

Toll Free: 888-361-0054

Missouri: 816-842-1195

--------------------

September 15, 2017

Kansas City Auto Accident Lawyer, James R. Shetlar…

Kansas City Low Speed Car Accidents:

When an injury claims arises from an auto accident involving little or no damage to the auto, insurance companies will often claim that the injury was not caused by the car accident. This is especially true when the injury victim has suffered only “soft tissue injuries,” such as whiplash.  Even when the other driver admits that he or she is at fault for the auto accident, insurance companies often dispute or deny soft tissue injury claims that resulted from a low speed or minor impact collision.

Get to the Doctor:

If you have been in a Kansas City auto accident, it is important that you seek medical treatment, even if it was a low speed or minor impact collision. Regardless of what the insurance adjuster may want you to believe, serious injuries can result from low speed and minor impact accidents.  It is important that you follow the advice of your doctor and receive all the recommended treatment.  Not all injuries can be found at the time of the accident.  Some injuries may not become known until days or weeks after the auto accident.

“Experts” Will Try to Ruin Your Case:

Defense attorneys for insurance companies will often claim that people who have been in low speed accidents could not have sustained serious injuries.  Many people who have been the victim of serious injuries at low speed would certainly disagree with this view. Attorneys for the insurance company will use paid experts to give testimony in court and these people will say anything to help the insurance company avoid responsibility. Mr. Shetlar, Kansas City auto accident attorney, will use his own expert if necessary at trial to prove you were injured.

Give Us a Call Today!

After seeking medical treatment, it is important to meet with an experienced Kansas City auto accident attorney, Mr. Shetlar, to discuss the facts of your case.  Even if the insurance company disputes the validity of your claim, Mr. Shetlar will carefully evaluate your case to determine its true value.  Most often, auto accident claims are worth far more than an insurance adjuster is willing to admit.  Mr. Shetlar has significant experience negotiating with insurance companies and knows the ins and outs of car accident claims. He will work to ensure that you are fairly compensated for your injury, even if the collision was only a minor impact.

Free Auto Accident Consultations:

All auto accident evaluations are free of charge.  Mr. Shetlar will charge you NOTHING, unless he wins money for you. 

Make the call today. 

Phone: 913-648-3220 Ext. 3033

Toll Free: 888-361-0054

Missouri: 816-842-1195 

-----------------

September 1, 2017

Kansas City Auto Accident Attorney, James R. Shetlar…

When to Hire a Car Accident Lawyer:

Talk with Us and Not the Insurance Company:  If you or your car’s passenger gets hurt, talk with a trusted and experienced lawyer, James R. Shetlar, before you talk with the insurance company.  You have nothing to lose as all case evaluations are free of charge.  You will pay NOTHING, unless James R. Shetlar wins money for you. 

What Will Mr. Shetlar Do for You?

If Mr. Shetlar accepts your auto accident injury case, he will:

-----------------------

August 15, 2017

Auto Accident Lawyer, Kansas City KS, James Shetlar, with Award Winning Experience…

Government Responsibility for Your Car Accident Injuries:

If you have been in an accident that involves potential liability of a government employee or entity, establishing liability and recovering damages may not be as simple as you may assume. Governments, their employees and agencies are protected from many types of liability including responsibility for car accidents by a legal concept known as “sovereign immunity”.

Although all states and federal government have enacted some kind of legislation that waives sovereign immunity, both state and legal governments have strict procedures in place when it comes to making an injury claim. This includes short deadlines for filing a suit and requirements on what the injury claim may contain. If you fail to follow these rules and procedures, you lose your right to hold the government entity responsible for your losses.

Injuries Caused By Government and Tort Claim Acts:

The U.S. government has enacted the Federal Torts Claim at the federal level, and it waives the immunity of the federal government and allows you to file an injury claim based on acts or omissions (things that were done or should have been done, but were not done by a federal employee acting on behalf of the government). If you have been injured in a car accident that involves potential government liability, James Shetlar will take care of the following points:

When Can The Government Be Held Responsible For A Car Accident?

There are various situations in which a government entity or employee might be responsible for a car accident, either partially or completely. If you have been injured in a rear end crash caused by a driver on Government duty, or the vehicle that rear ended you was owned and operated by the county or city, you may have a claim under the Tort Claims Act. 

Hazardous road and highway conditions too can lead to a claim for damages, if these conditions were responsible for the accident. Some of these conditions include:

The construction and maintenance of highways is the responsibility of the federal government. In some cases, private companies that have been given the construction or maintenance contract may also be held liable.

Kansas City Injury Consultations are Free of Charge:

If you have been injured in a car accident, and you wonder whether the government can be held responsible for the collision, call Mr. Shetlar today.  He can sort through the facts and determine if you have a case.

Phone: 913-648-3220 Ext. 3033 today.

 

-------------------

August 1, 2017

Car Accident Lawyer, Kansas City KS, James Shetlar, with Award Winning Experience…

Protecting You from the Insurance Company:

Ever wondered what billion dollar insurance companies think about personal injury claims? We have spent the last 30+ years dealing with insurance companies on our clients’ behalf who have been injured in auto accidents. What many people fail to realize is that an insurance company is a for-profit company, meaning that they are in business to make money. What causes them to lose money? Paying out full compensation that our injured clients deserve as a result of their policy holder’s negligence in an accident.

What Many People Do Not Know About Insurance Companies:

In fact, many people do not realize that insurance companies spend millions of dollars each year on tort reform, meaning they are lobbying lawmakers to restrict and reduce the amount that gets paid out to injury victims. By definition, a publicly traded company must do everything in their power to show profits to the shareholders.

The way insurance companies make money is by collecting premiums each month form their customers. While this is not the only way these companies make their money, it is their most effective source of revenue. From the revenue generated by these premiums, they invest in the stock markets as well as other investment funds to generate even more capital. So like many of us, when the economy is in flux what do these billion dollar companies do? They pinch every possible penny to avoid quarterly losses. So they develop tactics used by their adjusters to try and either refuse to pay your claim or offer you a settlement the grossly undervalues your injuries and the money you deserve.

The Insurance “Strategic Delay” Tactic:

One tactic that insurance companies use is what we call the “strategic delay”. From a cash flow perspective, the longer an insurance can take from paying out the claim the longer they have to maximize their outside investments. The more capital they have to invest means the money more they make, so why would they ever rush to settle a claim? The answer is that they don’t. In fact, the insurance company have legal protections that can delay a settlement payment for months, while the personal injury victims are still losing and have at times no means to afford the medical costs or other losses of income because of their injuries. Remember, these people never asked to be injured, they are the victims. If this does not sound fair, it shouldn’t, because it is not. Also keep in mind that billion dollar insurance companies have a network of highly skilled and knowledgeable defense attorneys at their fingertips, who are experts in the “strategic delay” tactic.

Insurance Companies Using Fear as a Tactic:

Insurance companies often use fear as well. Injury victims are dealing with life-altering effects from their accident.  They may have lost limbs, had serious head trauma and brain injuries, lost a loved one, suffered the in-ability to perform their jobs, had mounting medical bills, etc. These people are in an emotional and physical state of shock, and the insurance companies know this. We have seen this used by insurance companies trying to get our clients not to file a claim, using the threat of insurance cancellation, or even worse yet, the emotional aspect of the damages it will cause the at-fault driver who might have hurt them accidentally, so the injured party does not want to cause undo harm to them.

The reality is that we have insurance for a reason. If something bad does happen, all parties are protected by our insurance policies, at least in a perfect world. Undo harm, or hurting someone who caused the accident, even if it was just that, an accident, is not going to cause them any harm other than the potential of raising their premium slightly in most cases. The decision of what is going to happen to the driver of their policy, getting dropped, higher costs, is decided by the insurance company’s underwriting department, well before any settlement or payment is reached.

Missouri and Kansas Auto Accident Attorney:

At The Law Firm of James Shetlar, injury law is all we do. For over 30 years we have fought hand in hand with our clients against the insurance companies. In what can be a truly be an uphill battle, we have the experience, resources and knowledge to fight and help you receive the full compensation you deserve. Please call us at 888-361-0054 and schedule a free case review with James Shetlar who will handle your case from start to finish.

 

------------------------------

July 15, 2017

Car Accident Lawyer, Kansas City KS, James Shetlar, with Award Winning Experience…

Police Accident Report:

One of the most vital pieces of information you should obtain following a car accident is an accident report. The police will fill out these reports to assess who was at fault and to get reports from witnesses who saw what transpired. Accident reports can be used by a car accident lawyer, James Shetlar, for a number of things in a personal injury case and here are some of those uses.

Accident Scene Layout:

When filling out this report, the first thing a police officer will do is make a diagram of the scene. The description the office gives of this scene can make or break an auto accident case. Generally, things like the presence of skid marks and the position of the vehicles involved in the accident can be very telling. Your car accident lawyer, James Shetlar, will be able to take a look at this part of the report and let you know whether or not your case is strong enough to file a lawsuit.

Witness Statements:

Talking with the people who witnessed what transpired before, during and after a car accident is also an important part of making an accident report. The police officer will speak with each of the witnesses and get their contact information to put into the report. The injury lawyer handling your case will be able to contact these witnesses and get them to testify on your behalf. Having multiple people corroborating the story you have told can help you win an auto accident case.

Accident Injuries:

The police officer filling out the accident report will also record information about the injuries sustained in the accident. While this will not be as detailed as a doctor’s report will be, it will be helpful during an auto accident lawsuit. If any medical treatments are given onsite to you or the other person involved in the car wreck, the police officer will make note.

The severity of injuries sustained in a car accident will dictate the amount of money a victim is awarded. The only way to put a price tag on your injuries is by consulting with a personal injury lawyer, James Shetlar. There are a number of laws and regulations designed to put a cap on the amount of compensation accident victims can receive. Your lawyer will have in-depth knowledge of these laws and can give you a rough estimate of how much money you may be entitled to.

Kansas City Injury Consultations are Free of Charge:

 

If you have been injured in a car accident, and you wonder whether the other driver’s actions can cause him or her to be responsible for the collision, call Mr. Shetlar today.  He can sort through the facts and determine if you have a case. 

Phone: 913-648-3220 Ext. 3033 today.

---------------

July 1, 2017

Kansas City Injury Lawyer, James Shetlar, with Award Winning Experience…

Missouri Drivers Are Required to Have Liability Insurance:

Missouri law requires that all drivers have liability insurance coverage of at least $25,000 per injured person, $50,000 per accident for all people injured from the accident and $10,000 per accident for all property damage from the accident (damage to cars, etc.).  This is called 25/50/10 minimum insurance coverage and pays for injuries and vehicle damaged caused by your accident. 

Driver with No Liability Insurance:

If the at fault driver does not have liability insurance coverage, in Missouri you can collect from your own uninsured motorist coverage for your injuries.  Uninsured motorist coverage is where the at fault driver either does not have liability insurance at all, or his or her identity cannot be determined.  An example would be if you are injured in a hit and run accident.   

Missouri Uninsured Motorist Coversage:

Missouri law requires your insurance company to include uninsured motorist coverage of at least 25/50/10 on each vehicle in all insurance policies that it issues.  If you have auto liability insurance in Missouri, you also have uninsured motorist coverage of at least 25/50/10.  (You could have more uninsured motorist coverage depending on your policy.)    

Missouri Underinsured Motorist Coverage:

In Missouri, when a person does not have at least 25/50/10 worth of liability insurance for personal injury and damage to property, then he or she is defined as underinsured. Missouri law does not require your insurance policy to have underinsured motorist coverage, but many insurance policies will include it.  Underinsured motorist coverage applies where the at fault driver can be identified, and has some insurance, but just not enough to cover all of the damages he or she caused to you.  In this case, the at fault driver’s insurance company would pay your injury bills until his or her policy limit is reached.  After that, your insurance company would then pay the rest of your damages (including past and future medical bills as well as pain and suffering) from your underinsured motorist coverage to the limits of your coverage.

Missouri Stacking of Uninsured Motorist Coverage:

In Missouri, you can “stack” your uninsured motorist coverage and get paid from all your policies for your injuries.  Missouri courts have defined “stacking” as an insured’s (you, if you are insured) ability to obtain multiple insurance coverage benefits for one injury, from more than one insurance policy.  In other words, you can be paid for your single injury by your insurance on multiple vehicles, regardless of whether the coverages come from one policy or many.  For example, if a driver is covered for two cars at the $25,000 per injured person mandatory minimum discussed above that driver would be eligible for up to $50,000 for injuries.  At three cars, this number increases to $75,000.  At four cars, it is $100,000, and so on.  However, if your “stacked” insurance coverage limits are not enough to cover your injury damages (past and future medical bills, pain and suffering, etc.), then you cannot be paid for the full extent of your damages.  For example, if your injury damages are $500,000 and you have four cars with $25,000 each in liability coverage, you could “stack” the four coverages, but still only be paid $100,000.

Missouri Stacking of Underinsured Motorist Coverage:

Underinsured motorist coverage is not required in Missouri, so insurance companies are permitted to have “anti-stacking” provisions in their policies.  If your insurance coverage has an “anti-stacking” provision, it is enforceable in Missouri.  Some motor vehicle insurance policies specifically will not permit “stacking” of underinsured motorist coverage, but it is possible that a policy could be ambiguous.  If an insurance policy is ambiguous (not clear), then your injury lawyer, James Shetlar, will fight for you to get the most out of your insurance coverage so you can be fully paid for your injuries. 

Conclusion: 

The bottom line is that you should talk with your insurance agent and buy as much uninsured and underinsured motorist coverage as you can afford and need.  The amount you need will depend on your individual circumstances.  If you only have the minimum 25/50/10 coverage, you will have very little uninsured motorist coverage and possibly no underinsured motorist coverage.  If the at fault driver either doesn’t have insurance or doesn’t have enough insurance, you are left hanging with nowhere to turn for full payments for your injuries.  If you have low insurance coverage limits (like 25/50/10), and you are injured in a car accident, you will likely never get enough money to pay for your past and future medical bills, pain and suffering and other damages.

Car Accident Lawyer, James Shetlar:

If you are in a car accident, call us today.  Our goal is to get you the most money we can for your injuries caused by the at fault driver.  We will examine all insurance policies on the cars you own, as well as the policy of the at fault driver.  If you have several cars insured, and the at fault driver was uninsured, we will strive to get you paid from all uninsured liability insurance policies you own.  We will “stack” all the insurance coverage we can.

 

-------------------

June 15, 2017

Kansas City Auto Accident Attorney, James R. Shetlar, with Award Winning Experience…

What is Uninsured (UM) and Underinsured (UIM) Motorist Protection?

Uninsured/Underinsured Motorist Protection pays you or your passengers for medical, rehabilitation, and funeral costs. It also pays settlements of lawsuits resulting from an accident caused by an uninsured, underinsured or hit-and-run motorist. You and your family are covered as pedestrians or when riding your bike.

Kansas Minimum Uninsured (UM) and Underinsured (UIM) Coverage?

The minimum UM and UIM coverage that is required on your insurance policy is:

$25,000/person

$50,000/accident

However, you can choose to buy more UM and UIM coverage.

What is Bodily Injury and Property Damage Coverage?

If the at-fault driver has Bodily Injury Liability coverage, it pays for your medical expenses, rehabilitation, funeral costs, and other covered costs, if the other at-fault driver causes an auto accident and injuries. It also pays for settlement of lawsuits and legal expenses.

If the at-fault driver has Property Damage Liability coverage, it pays when the at-fault driver causes damage to other property in an accident. It pays for repair, replacement, or cash value of the other owner’s property. It also pays for legal expenses.

Kansas Minimum Liability Coverage:

In Kansas, there are minimum requirements for “liability” coverage as follows: 

$25,000/person for bodily injury

$50,000/accident for bodily injury (includes all people injured in the accident)

$25,000/accident for property damage

However, you can choose to buy more liability coverage.

The Value of Kansas Uninsured (UM and Underinsured Motorist (UIM) Coverage:

If you are struck by a hit-and-run driver, an uninsured driver or a driver without enough insurance to cover your injuries, that is when you will be relieved to know that you have UM or UIM insurance coverage.  This part of your insurance policy provides coverage for damages that you would be “legally entitled to recover” in a Kansas personal injury lawsuit from the accident caused by the other at-fault driver including medical bills, lost wages, pain and suffering and funeral expenses caused by such motorists.

Many uninsured drivers are uninsured specifically because they lack the financial resources to pay for insurance.  If the driver is too poor to obey the law and pay for insurance, he or she also is likely too poor to pay for even a fraction of your medical care, lost wages or other damages, which means the other driver is underinsured.

While you may have health insurance to cover medical costs associated with injuries caused by an uninsured or underinsured motorist, health insurance cannot cover the other losses you might experience in an accident, such as pain and suffering or lost wages.  Uninsured motorist coverage will provide compensation to cover these additional costs.

Kansas City Car Accidents Consultations are Free of Charge:

If you have been injured in a car accident, and you wonder whether the other driver’s actions can cause him or her to be responsible for the collision, call Mr. Shetlar today.  He can sort through the facts and determine if you have a case.   

Call: 913-648-3220 Ext. 3033 today.

 

------------------

June 1, 2017

Kansas City Injury Attorney, James Shetlar, with Award Winning Experience…

Kansas City Injuries: Tips to Prevent Swimming Pool Accidents

Summer has arrived with Memorial Day weekend and pools everywhere are open.  On a hot summer afternoon, the pool offers the promise of relaxation and rest for weary parents who want a few hours of entertainment for their kids.  However, swimming pools also represent a real hazard.  If a swimming pool injury or death occurs in your neighborhood, apartment complex or your own backyard pool, the property owner may be held responsible.  To reduce liability and to reach for the goal that everyone remains safe while enjoying the pool, here are some helpful tips.

Put Up the Right Fencing:

It is essential to install an effective fence with locking gate around all swimming pools. Some guidelines to use when choosing and installing the fence include:

Hire a Lifeguard

While countless neighborhood and apartment pools don’t have a qualified lifeguard on-site, you may want to think about hiring one.  This will help to keep the residents at your pool safe and injury-free.

Prohibit the Use of Alcohol Around the Pool:

As the temperatures go up, many adults using the pool will want to enjoy an adult beverage while lounging beside the pool.  However, water and drinking just don’t mix.  Even in the shallow end, intoxicated swimmers may not be able to fully support themselves.  Consider posting signs that communicate the message that drinking is not allowed while using the pool. 

Limit the Number of Guests Allowed at One Time:

Lifeguards can only safely watch so many people.  Signage can make it clear how many people are permitted in the pool at one time.  Also, if there are too many people in the water at the same time, it can change the water’s chemical balance.  Unbalanced chemicals can lead to an increased risk of slip and fall injuries.

General Warning Signs:

In addition to signage about no alcohol and a limit to the number of guests, you may want to have additional warning signage about no diving, no running, no one under a certain age without a parent, etc. 

Block All the Right Places:

Barriers and covers can help to keep patrons from accessing parts of the pool they shouldn’t.  Use drain covers for any pool that may have children in it and keep faulty equipment or renovation areas barricaded off with fences or other barriers.

Kansas City Injury Lawyer, James Shetlar:

If you or a loved one have been the victim of a pool-related accident or injury, call Mr. Shetlar right away.  Any violation of the above may help in proving liability against the property owner.  We want to get you compensated for your injuries.

Phone: 913-648-3220 Ext. 3033 today.

 

----------------------

May 15, 2017

Kansas City Auto Accident Attorney, James R. Shetlar, with Award Winning Experience…

In Missouri, Police Officers Testifying at Trial:

Police officers are often called to trial to testify concerning an auto accident.  Officers may testify about appropriate matters as any other witness.  An officer’s personal opinions about the cause of the collision may not be admitted (the jury can’t hear the officer’s opinions).  Ryan v. Campbell “66” Express, 304 S.W.2d 825 (Mo. Banc 1957).  But an officer may give testimony about things that he or she has been trained to do, such as identifying marks on the road as skid marks or measurement of tire tracks.

In Missouri, Other Experts May Give Opinions at Trial:

The use of experts to offer opinions on accident reconstruction, human factors and other issues involving automobile accidents is common and permissible.  The test of whether a person is qualified as an “expert” is whether the specialized knowledge of the expert will assist the trier of fact (the judge or jury).  But a court will not permit expert testimony on issues that do not require special knowledge.  See Williams v. McCoy, 854 S.W.2d 545 (Mo. App. S.D. 1993) where the court excluded (did not let the jury hear) testimony by an expert accident Reconstructionist as to where the collision took place because the jury had adequate knowledge to reach a conclusion when the passenger and driver testified as fact witnesses on the issue.

In Missouri, Can a Police Officer Be Qualified as an Expert?

Sometimes based on a police officer’s training and expertise, he or she can be qualified as an “expert” and permitted to give opinions about the cause of the accident.  However, an officer can’t base his or her opinions on statements made by others at the scene of the auto accident.  Edgell v. Leighty, 825 S.W.2d 325 (Mo. App. S.D. 1992).

­­Kansas City Car Accidents and All Injury Consultations are Free of Charge:

If you have been injured in a car accident, and you wonder whether the other driver’s actions can cause him or her to be responsible for the collision, call Mr. Shetlar today.  He can sort through the facts and determine if you have a case.    

Phone: 913-648-3220 Ext. 3033 today. 

--------------------

May 1, 2017

Kansas City Auto Accident Attorney, James R. Shetlar, with Award Winning Experience…

In Missouri, Maintaining a Lookout While Driving:

Every motor vehicle driver on a public highway or street is required to keep a lookout.  As stated in Miller v. St. Louis Public Service Co., 389 S.W.2d 769 (Mo. 1965), the purpose of the strict requirement that a motor vehicle driver keep a proper lookout on public streets and highways is that the driver may acquire knowledge of the presence of other persons and objects on such streets and highways and an awareness of dangerous situations and conditions.  If the driver had knowledge of the dangerous situations and conditions, then he or she could have taken appropriate precautions to avoid injury to others and himself or herself. 

The motor vehicle driver is required not only to look, but also is required to see what looking would have revealed.

In Missouri, in What Direction to Look?

In Norris v. Winkler, 402 S.W.2d 24 (Mo. App. W.D. 1966), the court stated, “it is true that a motorist is required to keep a careful lookout, but he must look both to his right and to his left and forward (and in some cases also behind him).  He cannot look in one direction all the time and neither is he require to keep his head in constant swinging motion from side to side.”

Usually whether the auto driver maintained a proper lookout is a question of fact for the jury and not to be decided as a matter of law.

In Missouri, Proximate Cause:

A legal term “proximate cause”, must have existed between the failure to look and the injury or damage.  In Marshall v. Bobbitt, S.W.2d 429 (Mo. 1972), the court stated, “The proper test of failure to keep a careful lookout as a proximate cause is whether in the exercise of the highest degree of care the driver of the defendant’s vehicle could have seen the other vehicle in time to have taken effective precautionary action in avoidance.”

­­Kansas City Car Accidents and All Injury Consultations are Free of Charge:

If you have been injured in a car accident, and you wonder whether the other driver’s actions can cause him or her to be responsible for the collision, call Mr. Shetlar today.  He can sort through the facts and determine if you have a case.    

Phone: 913-648-3220 Ext. 3033 today. 

-----------------------

April 15, 2017

Kansas City Car Accident Attorney, James R. Shetlar, with Award Winning Experience…

In Missouri, Can the Other Driver Be Held Liable for Driving on the Wrong Side of the Road?

Yes, evidence that a motor vehicle as on the wrong side of the road at the time of the collision makes a submissible case of negligence.  In other words, the jury can decide if the other driver was negligent.  Schlegel v. Knoll, 427 S.W.2d 480, 483 (Mo. 1968).  But the circumstances of a particular accident may allow a defendant (the other driver) to escape liability (responsibility) by arguing that the defendant was justified in his or her actions. 

In Missouri, What Are Some of the Ways the Other Driver Cannot Be Held Responsible?

In Schlegel, the court pointed out that the defendant could base his argument of justification or excuse on evidence that tended to show that:

­­Kansas City Auto Accidents and All Injury Consultations are Free of Charge:

If you have been injured in a car accident, and you wonder whether the other driver’s actions can cause him or her to be responsible for the collision, call Mr. Shetlar today.  He can sort through the facts and determine if you have a case.    

Phone: 913-648-3220 Ext. 3033 today. 

-----------------

April 01, 2017

Kansas City Car Accident Attorney, James R. Shetlar, with Award Winning Experience…

In Missouri, the Other Driver Can Be Held Responsible If He or She Is Speeding:

In Missouri, violation of posted speed limits may be the basis for liability (responsibility).  But compliance with posted speed limits does not limit liability (responsibility) in all cases.  The circumstances of an accident can make a particular speed excessive even though it is within the posted speed limit.  In Hill v. Boling, 523 S.W.2d 867, 873 (Mo. App. E.D. 1975) the court noted, “There are numerous cases which have stated that speed may be excessive even when the driver is obeying the speed limits.”

In Missouri, Even If the Other Driver Was Not Exceeding the Speed Limit, What Facts Are Considered By the Court?

Any posted speed limit is relevant in determining a particular speed is excessive.  All physical conditions such as weather, road and traffic are relevant.  As stated in Hill v. Boling, “Whether speed is excessive depends on the condition of the road as well as the surrounding circumstances.  In Bear v. Devore, 176 S.W.2d 862 (Mo. App. W.D. 1944), “(t)he question is whether or not the rate of speed, whatever it was, was excessive in view of the surrounding facts, conditions and circumstances of which defendant had actual or implied knowledge.”

Is Direct Testimony Required to Determine If the Other Driver Was Speeding?

Direct testimony is not required to show excessive speed.  In common with other facts, it may be proved by circumstances.  Powell v. Watson, 526 S.W.2d 318, 326 (Mo. App. S.D. 1975).  Excessive speed may be proved by circumstantial evidence, and although neither skidding nor the heavy destructive effect of impact is in itself proof of negligently high speed, either may indicate excessive speed when taken with other circumstances.  The place where a vehicle comes to rest after an auto accident may be considered in determining whether a particular speed was excessive.  

­­Kansas City Auto Accidents and All Injury Consultations are Free of Charge:

If you have been injured in a car accident, and you wonder whether the other driver’s actions can cause him or her to be responsible for the collision, requires an experienced attorney like Mr. Shetlar.  Call him today and schedule a free appointment to discuss your auto accident claim.    

Phone: 913-648-3220 Ext. 3033 today. 

----------------------

March 15, 2017

Kansas City Car Accident Attorney and Injury Lawyer, James R. Shetlar, with Award Winning Experience…

So you’ve been in an auto accident and you or your attorney finds out that the other negligent driver didn’t own the car.  Can the car’s owner be held responsible for the auto accident that injured you?   

Missouri Car Owners Can Be Held Responsible for Loaning a Car to an Incompetent Driver:

Missouri has a law called “negligent entrustment”.  A car’s owner can be held responsible for loaning his or her vehicle to a person who is not competent to handle the vehicle.  However the owner of a car is not automatically responsible for a car accident just because his or her car was involved in an accident.  Not all drivers are incompetent.  Some may be incompetent as a matter of law while others may be incompetent as a matter of fact. 

Missouri’s law about who is incompetent to drive as a matter of law was established long ago.  In Ritchie v. Burton, 292 S.W. 2d 599, 606 (Mo. App. S.D. 1956) the court stated:

“Some operators (car drivers) are incompetent as a matter of law.  This group includes those who are declared by the statute to be too young to drive.  There are others who might or might not be incompetent by reason of recklessness, lack or experience, or for other reasons.  The fact of incompetency would usually be a jury question (the jury would decide).”

What Must Your Lawyer Prove in Court for Negligent Entrustment?

The necessary elements in Missouri for a negligent entrustment claim are:

1.    The entrustee (driver) is incompetent by reason of age, inexperience, habitual recklessness, or otherwise;

2.    The entrustor (car owner) knew of or had reason to know of the entrustee’s (driver’s) incompetence;

3.    There was an entrustment of the chattel (vehicle); and

4.    The negligence of the entrustor (car owner) concurred (happened at the same time) with the conduct of the entrustee (driver) as a proximate cause of the harm to the plaintiff (the injured person who filed the lawsuit).

Evans v. Allen Auto Rental & Truck Leasing, Inc., 555 S.W. 2d 325 (Mo. Banc 1977).

What Are Some Examples of Car Owners Who Could Be Held Responsible for Negligent Entrustment?

There are many examples when a vehicle’s owner could be responsible for the driver’s auto accident that caused injuries.  Some examples include:

1.    A parent could be held responsible for his or her child’s negligent driving.

2.    The owner of a rental car company could be held responsible for the renter’s (driver’s) negligent driving.

3.    A friend who loans his or her car to another friend could be held responsible for the friend-driver’s negligent driving.

What Happens if the Vehicle’s Owner Did Not Expressly Loan the Vehicle?

Sometimes a car’s owner can “negligently entrust” his or her vehicle even if he or she did not expressly give permission to loan the vehicle.  An example could be an owner who leaves the car’s keys lying in a place where the owner knew the incompetent driver could take the keys and drive.     

­­Kansas City Auto Accidents and All Injury Consultations are Free of Charge:

To decide whether you can also sue the vehicle’s owner for negligent entrustment requires an experienced attorney, Mr. Shetlar.  Call him today and schedule a free appointment to discuss your auto accident claim and determine if you can meet the legal requirements for such a lawsuit.    

Phone: 913-648-3220 Ext. 3033 today.

Kansas City Car Accident Lawyer, Including the Following Areas:

Kansas City Missouri (KCMO), Blue Springs, Grandview, Independence, Lee’s Summit, Raytown, Leavenworth, Parkville, Platte City, Riverside, Smithville, Claycomo, Gladstone, Kearney, Liberty, North Kansas City (NKC), Belton, Harrisonville, Peculiar, Raymore, Kansas City Kansas (KCKS), Paola, Osawatomie, Mound City, DeSoto, Gardner, Leawood, Overland Park (OP), Lenexa, Merriam, Olathe, Prairie Village (PV), Bonner Springs, Edwardsville and Lake Quivira.

 

-----------------

March 01, 2017

Kansas City Car Accident Attorney and Injury Lawyer, James R. Shetlar, with Award Winning Experience…

So you’ve been in an auto accident and you or your attorney finds out that the other driver was an employee of a company.  What is the responsibility of that employer if its employee injures someone in a car accident? 

Missouri Employers Can Be Held Responsible for Their Employees’ Auto Accidents:

Can an employer be held responsible for the negligent driving of its employee?

The short answer is “yes”.  In Missouri, there is a legal theory of liability (responsibility) called “agency”.  An employer can be held responsible for the negligence of its “agent” (employee) if the negligent act or omission occurred within the course and scope of the “agency” (employment).  However, just because the employer owns the vehicle involved in the auto accident, does not make the owner-employer automatically responsible.  But when the employer owns the vehicle and it is proven that the employee was actually employed by the employer, then the court will presume that there is an “agency” between employer-owner and the employee-driver.  An employee can be found to be the “agent” of the employer, but if it is found that he or she was acting outside the course and scope of the “agency”, then the employer will not be responsible. An example of an employee acting outside the course and scope of employment includes an employee who takes a detour for a personal errand.

Can an employer be held responsible for negligently hiring the employee who caused the auto accident?

The short answer is “yes”.  A lawsuit can be filed and won against the employer if it is proven that the employee-driver was not competent to drive the employer’s vehicle.  An employee-driver might be held to be incompetent to drive if he or she had a poor driving history, didn’t have a driver’s license or for other reasons.

What if the employer’s negligent driver was an independent contractor, can the employer still be held responsible?

The short answer is “no”.  An independent contractor is not an employee.  Mr. Shetlar can determine if the negligent driver was an employee or an independent contractor.

­­Kansas City Auto Accidents and All Injury Consultations are Free of Charge:

To decide whether you can also sue the employer of the negligent employee-driver requires an experienced attorney, Mr. Shetlar.  Call him today and schedule a free appointment to discuss your auto accident claim and determine if you can meet the legal requirements for such a lawsuit.    

Phone: 913-648-3220 Ext. 3033 today.

Kansas City Car Accident Lawyer, Including the Following Areas:

Kansas City Missouri (KCMO), Blue Springs, Grandview, Independence, Lee’s Summit, Raytown, Leavenworth, Parkville, Platte City, Riverside, Smithville, Claycomo, Gladstone, Kearney, Liberty, North Kansas City (NKC), Belton, Harrisonville, Peculiar, Raymore, Kansas City Kansas (KCKS), Paola, Osawatomie, Mound City, DeSoto, Gardner, Leawood, Overland Park (OP), Lenexa, Merriam, Olathe, Prairie Village (PV), Bonner Springs, Edwardsville and Lake Quivira. 

----------------

February 15, 2017

Kansas City Automobile Accident Attorney and Injury Lawyer, James R. Shetlar, with Award Winning Experience…

Car accidents are one of the most common sources of personal injury lawsuits.  In this blog, we will discuss the Missouri requirements for an automobile accident lawsuit.

Missouri Negligence:

In order to sue someone after a car accident, you must be able to prove “negligence” on the part of the other driver who hit you.  “Negligence” in Missouri is proven by five different steps.  We will discuss the fourth and fifth required elements below:

4.    Causation:  In order for the other driver to be found a fault, the injured person must prove that the “negligent” act was the cause in fact and the proximate cause of the injury.  To establish cause in fact, an injured person must prove that “but for” the breach of duty, the event would not have happened.  Callahan v. Cardinal Glennon Hosp., 863 S.W. 2d 852 (Mo. Banc 1993).  The circumstances must also be the “proximate cause” of the injury or death.  Harris v. N.Y. Life Ins. Co., 516 S.W. 2d 303 (Mo. App. W.D. 1974).  For example, speeding is “negligence”, but it alone would not make you win your personal injury lawsuit unless your attorney can prove that the accident would not have occurred except for the excessive speed.  Roper v. Archibald, 680 S.W. 2d 743 (Mo. App. S.D. 1984).  For a cause to be proximate, it must be the efficient cause that sets into motion the chain of events that led up to the damage and that are a natural, continuous sequence, unbroken by a new and independent cause.  John Drennon & Sons Co. v. N.H. Ins. Co., 637 S.W. 2d 339 (Mo. App. S.D. 1982).           

5.    Damages:  In order to win your car accident lawsuit, you must have been injured and/or your car must have been damaged.  You must have suffered actual damages, special damages or general damages.  Actual damages are compensatory damages and are measured by the injury or loss sustained by you.  Stiffelman v. Abrams, 655 S.W. 2d 522 (Mo. Banc 1983).  Special damages refer to such things as lost wages, medical bills and other expenses incurred as a natural result of the damage sustained.  Condos v. Associate Transps., Inc., 453 S.W. 2d 682 (Mo. App. E.D. 1970).  General damages are damages that the law imputes as logical consequences of the wrong and resulting harm, such as mental anguish or pain and suffering.  Porter v. Crawford & Co., 611 S.W. 2d 265 (Mo. App. W.D. 1980).

Kansas City KS Auto Accident and All Injury Consultations are Free of Charge:

Deciding whether you have a lawsuit is something that you need a qualified and experienced lawyer to sort through with you.  Call Mr. Shetlar today and schedule a free appointment to discuss your auto accident claim and determine if you can meet the legal requirements for such a lawsuit.    

Phone: 913-648-3220 Ext. 3033 today.

Kansas City Car Accident Lawyer, Including the Following Areas:

Kansas City Kansas (KCKS), Kansas City Missouri (KCMO), Paola, Osawatomie, Mound City, DeSoto, Gardner, Leawood, Overland Park (OP), Lenexa, Merriam, Olathe, Prairie Village (PV), Bonner Springs, Edwardsville, Lake Quivira, Blue Springs, Grandview, Independence, Lee’s Summit, Raytown, Leavenworth, Parkville, Platte City, Riverside, Smithville, Claycomo, Gladstone, Kearney, Liberty, North Kansas City (NKC), Belton, Harrisonville, Peculiar, and Raymore.

 

-------------------

February 01, 2017

Kansas City Car Accident Attorney and Injury Lawyer, James R. Shetlar, with Award Winning Experience…

Automobile accidents are one of the most common sources of personal injury lawsuits.  In this blog, we will discuss the first three Missouri requirements for an automobile accident lawsuit.

Missouri Negligence:

In order to sue someone after a car accident, you must be able to prove “negligence” on the part of the other driver who hit you.  “Negligence” in Missouri is proven by five different steps.  We will discuss the first three steps in this blog:

1. Duty:  In order to prove that the other driver was at fault, you must first prove that he or she had a duty to exercise some level of care with respect to you and your vehicle.  Anyone who operates a motor vehicle upon roadways in Missouri has this “duty”.

2. Standard of Care:  The operator of a motor vehicle is held to the highest degree of care.  The Missouri Approved Instructions (MAI), which are the instructions a judge would give to a jury about the law, define “standard of care” as “that degree of care that a very careful person would use under the same or similar circumstances.” 

Missouri case law has also backed this up even with vehicles that are not usually considered motor vehicles.  Vehicles, other than cars, operating on the highway have been required by Missouri law to exercise the highest degree of care.  This law even implies to what some might consider “strange” vehicles.

Byclists:  In Root ex. Rel. Root v. Mudd, 981 S.W. 2d 651 (Mo. App., W.D. 1998), the court held a bicyclist to the highest degree of care.

Riding Lawn Mower:  In Stronger ex. Re. Stronger v. Riggs, 85 S.W. 3d 703 (Mo. App. W.D. 2002) a riding lawn mower operator was considered a “motor vehicle” and the mower’s driver was held to owe a bicyclist the highest degree of care when the mower was used on the street.   

3. Breach:  The injured person must prove also that there has been a breach, which has been defined in Missouri as the act or omission that falls below the “standard of care” established by law for the protection of others.

In the next blog, we will examine the fourth and fifth elements you must prove i.e. “causation” and “damages”.

Kansas City KS Auto Accident and All Injury Consultations are Free of Charge:

Deciding whether you have a lawsuit is something that you need a qualified and experienced lawyer to sort through with you.  Call Mr. Shetlar today and schedule a free appointment to discuss your auto accident claim and determine if you can meet the legal requirements for such a lawsuit.    

Phone: 913-648-3220 Ext. 3033 today.

Kansas City Car Accident Lawyer, Including the Following Areas:

Kansas City Missouri (KCMO), Kansas City Kansas (KCKS), Paola, Osawatomie, Mound City, DeSoto, Gardner, Leawood, Overland Park (OP), Lenexa, Merriam, Olathe, Prairie Village (PV), Bonner Springs, Edwardsville, Lake Quivira, Blue Springs, Grandview, Independence, Lee’s Summit, Raytown, Leavenworth, Parkville, Platte City, Riverside, Smithville, Claycomo, Gladstone, Kearney, Liberty, North Kansas City (NKC), Belton, Harrisonville, Peculiar, and Raymore.

 

---------------

January 15, 2017

Kansas City KS Car Accident Attorney and Injury Lawyer, James R. Shetlar, with Award Winning Experience…

Are you required to have a minimum amount of motor vehicle insurance in Kansas?

Kansas Law Requires a Minimum Amount of Motor Vehicle Insurance:

There is a Kansas Statute (law enacted by the Kansas Legislature), which requires minimum amounts of car, auto and truck insurance.  This Statute is K.S.A. 40-3107, states in relevant part, insurance coverage is required for “…not less than $25,000 because of bodily injury to, or death of, one person in any one accident and, subject to the limit for one person, to a limit of not less than $50,000 because of bodily injury to, or death of, two or more persons in any one accident, and to a limit of not less than $25,000 because of harm to or destruction of property of others in any one accident…”   

Why Does Kansas Law Require a Minimum Amount of Motor Vehicle Insurance?

The purpose of compulsory (required) automobile liability insurance is to protect members of the general public injured on the highway through operation of a covered automobile by giving them the security for payment of their damages.  See West v. Collins and Hicks Brothers Chevrolet, Inc., 251 Kan. 657 (1992). 

Kansas City KS Auto Accident and All Injury Consultations are Free of Charge:

If you have been involved in a car accident or an injury victim, call our award winning Kansas City KS injury attorney, Mr. Shetlar today.  You will never pay a fee unless he wins money for you.  All initial consultations and case evaluations are free of charge. 

Phone: 913-648-3220 Ext. 3033 today.

Kansas City KS Car Accident Lawyer, Including the Following Areas:

Kansas City Kansas (KCKS), Bonner Springs, Edwardsville, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Edgerton, Spring Hill, Westwood, Westwood Hills, Osawatomie, Mound City, Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Lake Quivira, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park and Shawnee. 

----------

January 01, 2017

Kansas City KS Car Accident Attorney and Injury Lawyer, James R. Shetlar, with Award Winning Experience…

What if you incur pain and suffering in a Kansas auto accident, can you be paid a million dollars for your suffering?

Kansas Has a Cap on Pain and Suffering:

The short answer is “no”.  Kansas has a $250,000 cap on non-economic damages, which have been defined by Kansas law as “pain and suffering, mental anguish, injury and disfigurement not affecting earning capacity and losses which cannot be easily expressed in dollars and cents”.  See K.S.A. 60-19a02.  This means that if you are injured, you cannot be paid more than $250,000 for pain and suffering as well as other non-economic damages.

Does This Pain and Suffering Cap Apply to Car Accident Victims?

The short answer is “yes”.  In Hilburn v. Enerpipe, Ltd., 52 Kan. App. 2d 546 (2016), an injured motorist brought a negligence lawsuit against an owner of a commercial truck that struck her vehicle.  After entering a jury verdict in favor of the motorist that included $301,509.14 in non-economic damages, the court reduced the motorist’s non-economic loss to $250,000 in accordance with a statutory (a Kansas Statute – law) cap on such damages.  In this case, the motorist Hilburn appealed to the Kansas Court of Appeals claiming the cap violated her state constitutional rights to trial by jury and to a remedy by due course of law. 

Is a Cap on Pain and Suffering Constitutional Under Kansas Law?

In Hilburn, the Court of Appeals confirmed that “yes” the $250,000 cap on non-economic damages is constitutional as applied to personal injuries resulting from collisions between motor carriers and motor vehicles.  The Court of Appeals decided that because the $250,000 cap operates in a broader scheme of mandatory insurance and the State of Kansas maintains an interest in insurance remaining available and affordable to compensate motor vehicle accident victims, the cap is legal.  In addition, the Court of Appeals decided that the statutory motor vehicle and motor carrier insurance schemes adopted in Kansas provide an adequate remedy for damages arising from personal injury, such as a car accident that the cap is legal.    

Kansas City KS Auto Accident and All Injury Consultations are Free of Charge:

If you have been involved in a car accident or an injury victim, call our award winning Kansas City KS injury attorney, Mr. Shetlar today.  You will never pay a fee unless he wins money for you.  All initial consultations and case evaluations are free of charge. 

Phone: 913-648-3220 Ext. 3033 today.

Kansas City KS Car Accident Lawyer, Including the Following Areas:

Kansas City Kansas (KCKS), Bonner Springs, Edwardsville, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Edgerton, Spring Hill, Westwood, Westwood Hills, Osawatomie, Mound City, Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Lake Quivira, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park and Shawnee. 

----------

December 15, 2016

Kansas City KS Car Accident Attorney and Injury Lawyer, James R. Shetlar, with Award Winning Experience…

Have you ever wondered in Kansas if you loan a gun or a motor vehicle to someone, can you be responsible if that person hurts someone with the gun or motor vehicle?

Kansas Negligent Entrustment:

The answer is “yes”, you can be held responsible and have to pay for resulting injuries.  James Shetlar represented the mother of her deceased son who had been killed by his father by a gun sold by a pawn shop.  The lawsuit appealed to the Kansas Supreme Court held in Elizabeth Shirley v. Imogene Glass and Baxter Springs Gun & Pawn Shop (which can be found in law books labeled 297 Kan. 888) held that violations of the firearm-transfer statutes may be used by a plaintiff to establish a duty and breach of duty in a negligent entrustment action.

It is “negligent entrustment” which I wish to describe in this blog.  “Negligent entrustment” requires specific proof that the defendant (person being sued) entrusted a chattel (thing) to an incompetent entrustee with knowledge or reason to know of the entrustee’s incompetence and that the entrustee’s incompetence while using the chattel (thing) was the cause in fact of the injury to the entrustee of another.

What does all of this mean?  Basically, if you loan a gun or motor vehicle to another person who you have knowledge or reason to know is incompetent, and that other person hurts someone with the gun or motor vehicle, then you can be held responsible for the injury to another person.

In the Shirley case, described above, a gun was used by the father Russell to kill his son Zeus.  Russell went to a pawn shop with his Zeus’ grandmother Glass to purchase a gun allegedly for his son Zeus to go hunting with.  The pawn shop owner handed the gun to Russell who examined the gun and said that it looked nice and would be all right.  The pawn shop owner asked Russell if he had been a “good boy” and Russell said no that he had a felony conviction.  (Felons are not permitted to purchase guns.)  So the pawn shop owner asked Glass if she had been good and she proceeded to fill out the application for the gun.  Russell then pulled cash from his pocket and said that he was going to pay for the shotgun, the ammunition and the cleaning kit.  Russell picked up the gun and left the store with it in his hands.  Russell had the receipt for the purchase when he returned to the car.   Russell took the gun from Glass’ car when she dropped him off at this house.  Russell then used the gun that evening to shoot and kill his son Zeus and later himself.  The Kansas Supreme Court decided that the mother Shirley could proceed with a “negligent entrustment” lawsuit against the grandmother Glass and the pawn shop owners.

Kansas Car Accidents and Negligent Entrustment:

In 2014, a case involving a motor vehicle was decided on “negligent entrustment” and it referenced the Shirley decision discussed above.  In this case, called Waller Truck Co., Inc v. Brian Morton and Cary James Bockover III (which can be found online in 2014 Westlaw 5139723) Waller file a lawsuit against Morton for negligently entrusting his pickup truck to Bockover who was driving the truck when it collided with a semi-tractor trailer driven by an employee of Waller Truck.  In this case, Morton hired Bockover and allowed him to use the truck when he knew that Bockover had two prior DUI’s, that Bockover had a suspended driver’s license and that Bockover had previously attended an alcohol rehabilitation program.  Morton allegedly only allowed Bockover to use the truck on private property, but Morton knew that on at least one occasion Bockover had taken the truck off of private property.  Bockover later took Morton’s truck and crashed into a semi-tractor trailer which was owned and operated by Waller Truck.  In this Waller case, the court decided that Waller could sue Morton for “negligent entrustment”.

Kansas Negligent Entrustment:

The bottom line is be careful to whom you loan potentially dangerous things.  Guns and cars certainly can be dangerous things and as the owner you have to be careful who you loan them to.  In the Shirley gun case above, the pawn shop and grandmother Glass were sued because they transferred a gun to the father Russell who was a convicted felon and not legally allowed to possess a gun.  Russell then used that gun to kill his own son.  In the Waller case, Morton was sued because he loaned a pickup truck to Bockover who had been convicted of DUI’s.      

Kansas City KS Auto Accident and All Injury Consultations are Free of Charge:

If you have been involved in a car accident or an injury victim, call our award winning Kansas City KS injury attorney, Mr. Shetlar today.  You will never pay a fee unless he wins money for you.  All initial consultations and case evaluations are free of charge. 

Phone: 913-648-3220 Ext. 3033 today.

Kansas City KS Car Accident Lawyer, Including the Following Areas:

Bonner Springs, Edwardsville, Kansas City Kansas (KCKS), Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Edgerton, Spring Hill, Westwood, Westwood Hills, Osawatomie, Mound City, Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Lake Quivira, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park and Shawnee.

 

-----------------

December 12, 2016

Kansas City KS Car Accident Attorney and Injury Lawyer, James R. Shetlar, with Award Winning Experience…

So it is your turn to host the annual Holiday Party. We have all been there. You have to decide what food and beverages to serve, what decorations go where, and who to invite.  You contemplate how many people you want to come over.  You’re a little nervous that the party could involve a lot of drinking.  You have friends that you haven’t seen for a year who want nothing more than to have a few cold ones.  Do you serve alcohol or not?

Kansas Civil Host Responsibility:

Kansas does not have a dram shop act, which would allow for an injured person to sue a bar or establishment if they over-served a patron. Instead, Kansas follows what is called “the common law”.  Common law states that no party host is responsible for selling or furnishing intoxicating liquor, for the resulting injuries or damage due to the acts of intoxicated persons.  So no civil social host liability exists.

Kansas Criminal Host Responsibility:

In Kansas, it is a misdemeanor to knowingly sell, give away, dispose of, exchange, deliver, permit the sale, gift, or procure any alcoholic beverage to a person who is incapacitated, or is physically or mentally incapacitated by the consumption of liquor. Violating the applicable statute can result in a fine of, at minimum, $100 or up to 30 days in jail.

It is also against the law in Kansas, like other states, to furnish alcoholic beverages to a minor. Those that do furnish alcoholic beverages can be found criminally liable, however the criminal statutes do not impose civil liability on those that furnish the alcohol.

Missouri Civil Host Responsibility:

Although Missouri law allows an injured person to bring a civil claim against a bar or establishment for over-serving a customer, there is no civil liability for social hosts.  In non-legal terms that means you will generally not be in legal trouble if someone who gets into a car accident after attending your party.

Missouri Criminal Host Responsibility:

Social hosts cannot be held liable under Missouri civil law if they serve alcohol to someone who then goes and injures a person after leaving their premises.  Thus, the person who was injured cannot sue the social host for money damages. This is true even if the social host serves alcohol to a minor. However, under Missouri law, a social host can be found criminally liable if they he or she serves alcohol to someone under the age of 21.  Criminal penalties resulting from serving alcohol to a minor can include a fine and up to one year in jail.

Enjoy the Holidays!

We hope you take precautions when you host a party in your house. The Holidays are some of the best times of the year and we want you to stay safe.       

Kansas City KS Auto Accident and All Injury Consultations are Free of Charge:

If you have been involved in a car accident or an injury victim, call our award winning Kansas City KS injury attorney, Mr. Shetlar today.  You will never pay a fee unless he wins money for you.  All initial consultations and case evaluations are free of charge. 

Phone: 913-648-3220 Ext. 3033 today.

Kansas City KS Car Accident Lawyer, Including the Following Areas:

Bonner Springs, Edwardsville, Kansas City Kansas (KCKS), Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Edgerton, Spring Hill, Westwood, Westwood Hills, Osawatomie, Mound City, Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Lake Quivira, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park and Shawnee.

 

---------------------

11-15-2016

Kansas City KS Car Accident Lawyer, James R. Shetlar, with Award Winning Experience…

Kansas law requires a driver to maintain a lookout ahead and sometimes behind his or her vehicle.  If a Kansas City KS car accident case goes to a trial, there are certain instructions given to the jury.  The following is the jury instruction concerning maintaining a lookout.

What is Kansas Law Concerning Maintaining a Lookout?

A driver on a public highway must keep a proper lookout for other vehicles and objects in his/her line of vision that may affect his/her use of the highway.  The driver is presumed to see those things a person would and could see while exercising reasonable care under similar circumstances.

Does a Kansas Drive Have to Keep a Lookout Behind His or Her Vehicle?

A driver must keep a lookout to the rear of the vehicle only if the movement of his/her vehicle may affect the operation of a vehicle to the rear.   

Kansas City KS Auto Accident Consultations are Free of Charge:

If you have been involved in a car accident, call our award winning Kansas City KS car accident attorney, Mr. Shetlar today.  You will never pay a fee unless he wins money for you.  All initial consultations and case evaluations are free of charge. 

Phone: 913-648-3220 Ext. 3033 today.

Kansas City KS Car Accident Lawyer, Including the Following Areas:

Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park, Shawnee, Bonner Springs, Edwardsville, Kansas City Kansas (KCKS), Lake Quivira, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Edgerton, Spring Hill, Westwood, Westwood Hills, Osawatomie and Mound City.

--------------------------

November 01, 2016

Kansas City KS Car Accident Lawyer, James R. Shetlar, with Award Winning Experience…

Kansas law requires a driver to maintain control of his or her vehicle on the highway and elsewhere.  If a Kansas City KS car accident case goes to a trial, there are certain instructions given to the jury.  The following is the instruction concerning control of vehicle/range of vision.

What is Kansas Law Concerning Control of Vehicle?

A driver on a public highway must use reasonable care to keep the vehicle under control.  A driver must also drive within the range of his/her vision (provided by the vehicle’s headlights) in order to avoid colliding with any other vehicle using the highway.   

What Are the Exceptions to the “Range of Vision” Rule?

The “range of vision” rule has certain exceptions when there is a sudden change in the motorist’s situation not caused by his or her own failure or neglect.  Factors that may qualify and except one from the “range of vision” rule include: 

Kansas City KS Auto Accident Consultations are Free of Charge:

If you have been involved in a car accident, call our award winning Kansas City KS car accident attorney, Mr. Shetlar today.  You will never pay a fee unless he wins money for you.  All initial consultations and case evaluations are free of charge. 

Phone: 913-648-3220 Ext. 3033 today.

Kansas City KS Car Accident Lawyer, Including the Following Areas:

Bonner Springs, Edwardsville, Kansas City Kansas (KCKS), Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park, Shawnee, Lake Quivira, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Edgerton, Spring Hill, Westwood, Westwood Hills, Osawatomie and Mound City. 

-----------------

October 15, 2016

Kansas City KS Car Accident Lawyer, James R. Shetlar, with Award Winning Experience…

Speeding can almost always be attributed to a lack of paying attention, being in a rush, or trying to efficiently make use of time on the road. While these are all very real concerns, none of these are excuses for car accidents.

What is Kansas Law Concerning Speeding?

Kansas has a statute specifically governing speeding, which is listed below:

Kansas Statutes Annotated, Section 8-1557. “Basic rule governing speed of vehicles. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual hazards then existing. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.”

Auto Accidents Involving Speeding – How Accident Investigation and Reconstruction is Used: 

If your auto accident involved severe injuries or death of a loved one, Mr. Shetlar will likely hire independent investigators to determine the cause of your accident.  There are two primary types of people that perform these duties, the police and independent investigators (including reconstruction experts).
 

The police will investigate a vehicle accident with the intention of determining if any criminal action took place in the accident.  Some of the things the police look for are speeding, violation of a traffic control device, alcohol use, drug use, etc.  Mr. Shetlar can use the police report, but in accidents with severe injuries or death, he likely will hire independent investigators.  The job of the independent investigator is to analyze the causes of the accident so that financial responsibility can be determined. These independent investigators are often off-duty police officers, retired police officers, automotive technologists, or engineers.
 

An accident investigation can consist of many things.  The investigation usually starts with an inspection of the vehicle accident site.  At the vehicle accident site, measurements are taken of evidence left by the vehicles such as point of impact, final resting positions, skid marks, scrub marks, and gouge marks. These measurements are usually taken using electronic surveying equipment.  With this equipment, a computer-generated scale diagram can be produced and may be used to reconstruct the accident.
 Vehicle inspections are another typical part of the accident investigation. These inspections will usually include measuring the amount of damage and damage profile of the vehicles. This information will be useful if an accident reconstruction is performed. 

With the accident investigation complete, an accident reconstruction can be performed.  Reconstruction is the process of using physics to determine the speeds of the vehicles, and/or their relative positions at different times during the vehicle accident sequence.  Information such as pre-impact and post-impact direction of travel, length of pre-impact skid marks, post-impact distances moved, friction values for the various surfaces the vehicles traveled over, point of impact, impact angles, and weights of the vehicles are all used as inputs into the equations used to reconstruct an accident.
 

An accident reconstruction expert can determine if one of the vehicles was speeding before the collision.  While it can become complicated, the reconstruction expert could pose the question what would have happen had that vehicle not been speeding.  By moving that vehicle at its calculated speed back from the initial braking point by say 1.5 seconds for a normal driver perception-reaction time, the reconstruction expert can determine a point of the driver’s perception.  Then by asking what if that driver had been traveling at the speed limit, had taken 1.5 seconds to perceive and react, and had locked the brakes, the reconstruction expert can determine if the accident could have been avoided if the driver had simply obeyed the speed limit.

 

Kansas City KS Auto Accident Consultations are Free of Charge:

If you have been involved in a car accident, call our award winning Kansas City KS car accident attorney, Mr. Shetlar today.  You will never pay a fee unless he wins money for you.  All initial consultations and case evaluations are free of charge.

Phone: 913-648-3220 Ext. 3033 today.

Kansas City KS Car Accident Lawyer, Including the Following Areas:

Bonner Springs, Edwardsville, Kansas City Kansas (KCKS), Lake Quivira, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Edgerton, Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park, Shawnee, Spring Hill, Westwood, Westwood Hills, Osawatomie and Mound City. 

--------------------

October 01, 2016

 

Kansas City KS Auto Accident Lawyer, James R. Shetlar, with Award Winning Experience…

Speeding can almost always be attributed to a lack of paying attention, being in a rush, or trying to efficiently make use of time on the road. While these are all very real concerns, none of these are excuses for car accidents.

 

What is Kansas Law Concerning Speeding?

Kansas has a statute specifically governing speeding, which is listed below:

 

Kansas Statutes Annotated, Section 8-1557. “Basic rule governing speed of vehicles. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual hazards then existing. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.”

 

What Are the Speed-Related Auto Accident Statistics for Kansas?

According to the Kansas Department of Transportation (KDOT), in 2014, there were 5,933 accidents caused by speed in Kansas.  There were 92 deaths and 2,424 injuries resulting from speed-related auto accidents in 2014.  Drivers who were between the ages of 15 and 24, caused the most speed-related car wrecks in 2014.  

 

Auto Accidents:  Speeding Affects Driver Response and the Seriousness of Injuries:

The term “speeding” is used to describe a driver who is exceeding the posted speed limit, racing or driving too fast for current conditions.  Speed limits are in place to protect motorists from being involved in auto accidents.  Speed limits vary depending on the type and location of the roadway.  Drivers who routinely drive faster than the posted speed limit are placing themselves and everyone on the road at undue risk. The same applies to drivers who do not adjust their speed for potentially hazardous road or weather conditions.  Slowing down when it’s raining or snowing or when the roads are slippery is a key part of safe driving.

 

Why is speeding so dangerous? There are two primary reasons:

Kansas City KS Auto Accident Consultations are Free of Charge:

If you have been involved in a car accident, call our award winning Kansas City KS car accident attorney, Mr. Shetlar today.  You will never pay a fee unless he wins money for you.  All initial consultations and case evaluations are free of charge. 

Phone: 913-648-3220 Ext. 3033 today.

 

Car Accident Lawyer for Kansas City Kansas (KC, KS) and Surrounding Areas:

Kansas City Kansas (KC, KS), Bonner Springs, Edwardsville, Lake Quivira, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Edgerton, Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park, Shawnee, Spring Hill, Westwood, Westwood Hills, Osawatomie and Mound City.

 

-----------------------------------

Sept 15, 2016

Kansas City KS Auto Accident Lawyer, James R. Shetlar, with Award Winning Experience…

What Makes Someone Responsible for a Greater Kansas City KS Car Accident?

Kansas uses a legal standard called “negligence” to determine when someone is at fault for a car accident. 

Kansas Negligence Law: 

There are several different elements necessary to prove that someone was “negligent” in how he or she drove their vehicle.  Every driver has a duty to drive his or her vehicle as any other ordinary person would under all the same circumstances.  If the driver didn’t drive as another would have in those same circumstances and he or she caused another driver, passenger or pedestrian to suffer damages, then the driver is determined to be “negligent”.

All of this can be hard to understand in the abstract, so the following will be a discussion of a couple of “negligence” examples.  We will also talk about “comparative negligence” from our last blog.

Kansas City KS Car Accident Lawyer Answers Questions About Kansas “Negligence” Law:

Kansas City KS Auto Accident Lawyers Must Be Experienced:

As you can see from the above examples, determining whether someone is “negligent” in causing an auto accident is complicated.  There are many questions an experienced lawyer would ask you after your vehicle accident, and then they lawyer would use his or her judgment to make a determination of whether a jury might find you partially at fault (“contributory negligence” as discussed in the last blog).  Mr. Shetlar is just the award winning and experienced greater Kansas City KS auto accident attorney that you need. 

Give him a call today to see if you have an auto accident claim. 

Kansas City KS Auto Accident Consultations are Free of Charge:

You will never pay a fee unless we win money for you. 

Call Mr. Shetlar today. 

Phone: 913-648-3220 Ext 3033

Auto Accident Lawyer in Kansas City Kansas (KC, KS) and Surrounding Areas:

Kansas City Kansas (KC, KS), Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park, Shawnee, Spring Hill, Westwood, Westwood Hills, Osawatomie, Mound City, Bonner Springs, Edwardsville, Lake Quivira, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, and Edgerton.

 

--------------------------------

Sept 01, 2016

Kansas City KS Car Accident Lawyer, James R. Shetlar, with Award Winning Experience…

 

What If You May Be Partially At Fault for Your Car Accident?

Call Mr. Shetlar even if you think you may be partially at fault for your Kansas City KS car accident.  The reason is that you may still have a case against the other car’s driver.

 

Kansas Contributory Negligence Law: 

Kansas has law that determines how you will be paid after your car accident even if you were partially at fault.  The law is called “Contributory Negligence” and is stated in Kansas Statutes Annotated 60-258a as “Comparative negligence. (a) Effect of contributory negligence.  The contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if that party's negligence was less than the causal negligence of the party or parties against whom a claim is made, but the award of damages to that party must be reduced in proportion to the amount of negligence attributed to that party.  If a party claims damages for a decedent's wrongful death, the negligence of the decedent, if any, must be imputed to that party.”

 

Car Accident Lawyer for Kansas City KS Answers Questions About Kansas “Contributory Negligence” Law:

If you are found to be 49% or less at fault for your Kansas City KS car accident, you can still be paid money for your damages caused by the other car’s driver. 

If you are found to be 50% or more at fault for your Kansas City KS auto accident, you can’t collect any money for your injuries and other damages.

In Kansas, a judge or jury determines the percentage of each person’s fault (called “negligence” in the law). 

In Kansas, a judge or jury determines how much money you get for your injuries and other damages.

For example, suppose a jury awards you $100,000 in damages as a result of a Kansas City KS car accident, but it finds you 30 percent at fault for your injuries because you did not properly use a signal.  After applying “comparative negligence” law, you would be entitled to $70,000 in damages, which is $100,000 minus 30 percent.  However, if the jury had found you 50% at fault for your injuries, you would not be able to collect any money and you would lose your lawsuit.

 

Kansas City KS Auto Accident Consultations are Free of Charge:

You will never pay a fee unless we win money for you. 

Make the call today to Mr. Shetlar. 

Phone: 913-648-3220 Ext 3033

 

Car Accident Lawyer in Kansas City Kansas (KC, KS) and Surrounding Areas:

Kansas City Kansas (KC, KS), Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park, Shawnee, Spring Hill, Westwood, Westwood Hills, Osawatomie, Mound City, Bonner Springs, Edwardsville, Lake Quivira, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, and Edgerton.

 

-------------------------------------

August 15, 2016

From the News Desk of James R. Shetlar, Car Accident Attorney for Kansas City KS and Surrounding Areas:

If a Company Car Driver Caused Your Kansas City KS Auto Accident, Who is Responsible?

The person causing an auto accident is legally responsible to pay you money for your injuries and property damage resulting from the accident.  In Kansas, responsibility for a car accident is determined by the law called “negligence”. Things such as the speed, failure to yield, following too closely and other factors as taken into consideration when determining if a driver was “negligent”.  If your injuries were caused by someone driving a company car or truck, other factors come into play.

The Employer Also is Responsible for the Auto Accident:

If an employee caused an auto accident and injured you while working on the job (acting within the scope of his or her employment), the employer can be held responsible under a legal theory called Respondeat Superior theory. The Respondeat Superior theory states that since the employee was performing the company’s work at the time of the car accident, the company should be held responsible for the “negligence” of the employee.

What if the Employee Was Using the Company Car for Personal Use?

If an employee caused your auto accident while driving the company car or truck, but was on a personal errand, the employer also can still be held responsible in this situation. The employer is required to exercise due care when allowing an employee to drive the company vehicle.  If the company fails to check an employee’s driving record or should have been aware of any medical conditions affecting the employee’s ability to drive safely, the company can be held liable for what is legally called “negligent entrustment” of the company car or truck.

Kansas City KS Auto Accident Attorney with Award Winning Experience:

If you have been involved in a car accident in Kansas City KS or the surrounding areas, give our award winning attorney, James R. Shetlar a call today.  He can guide you through the insurance claims and negotiating process, and if the insurance company won’t pay a fair amount for your injuries, he will take your case to trial. 

Free Auto Accident Consultations:

You only pay a legal fee if Mr. Shetlar wins money for you. 

Make the call today. 

Phone: 913-648-3220 Ext. 3033

Toll Free: 888-361-0054

Missouri: 816-842-1195

Your Kansas City KS Auto Accident Attorney:

Kansas City Kansas (KC, KS), Bonner Springs, Edwardsville, Bonner Springs, Edwardsville Overland Park, Olathe, Lenexa, Shawnee, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Edgerton, Fairway, Gardner, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Prairie Village, Roeland Park, Spring Hill, Westwood, Westwood Hills, Osawatomie, Mound City, and Lake Quivira.

 

------------------------------

August 1, 2016

From the News Desk of James R. Shetlar, Kansas City KS Auto Accident Lawyer:

These newer safety features are being made available on cars now, and more will become available in the future.  As this new technology becomes affordable to all, consumers will be able to reduce or eliminate auto accidents injuries.       

Some of the Newer Car Safety Features That Can Reduce or Eliminate Auto Accident Injuries Include:

·         Brake Assist:  Brake assist detects when a car’s driver begins a panic stop and applies the brakes to maximum force.  Working with anti-lock brakes, the brake assist system enables threshold braking without locking up the wheels.

·         Forward-Collision Warning (FCW):  Forward-collision warning uses cameras, radar or laser (or some combination of these) to scan for cars ahead and alert the driver if he or she is approaching a vehicle in the same lane too fast and an auto accident is about to happen.  Most systems alert the driver with an audible or visual signal to prevent a potential auto accident, which allows the driver time to react.

·         Automatic Emergency Braking (AEB):  These systems add to the benefits of forward-collision warning.  AEB will sense a potential auto accident and if the driver doesn’t react in time, the car will initiate automatic braking.

·         Pedestrian Detection:  This system uses the features of forward collision warning (FCW) and automatic emergency braking (AEB) to help protect pedestrians. The vehicle’s camera(s) or radar look for a pedestrian in the vehicle's path.  Some systems will alert the driver with a visual or audible alert and some will even start automatic emergency braking if an auto accident is likely.

·         Adaptive Cruise Control:  Adaptive cruise control uses cameras, lasers, radar or a combination of these systems to keep a constant distance between your car and the car ahead, automatically keeping a safe following distance.  If the road traffic slows, some systems will bring the car to a complete stop and automatically return back to speed when traffic moves forward again.  Some vehicles equipped with lane keeping assist will also allow the car to stay within the lane markings.

·         Rear Cross-Traffic Alert:  These systems sense vehicles that may cross your path as you put your car in reverse, which can be helpful when you are backing out of a parking space or driveway.  Some systems will automatically brake for the driver to avoid an object or person.

·         Blind-Spot Warning (BSW):  Using radar or cameras, this system turns on a light or icon in the outside mirrors to warn that another vehicle is in the lane beside the vehicle, which is possibly hidden in the driver’s blind spot.  Many of these systems also sound an audible warning if you attempt to move over even though the warning light is on.  These audible alarms also can sound if the driver switches on the turn signal indicating that that he or she is going to move over.  More advanced systems can also brake or steer the vehicle back towards the center of the lane. 

·         Active Head Restraints:  Active head restraints move up and forward in a rear-end auto accident in an effort to lessen whiplash neck injuries.

·         Lane-Departure Warning (LDW):  This alerts you if you steer your car out of its lane without the turn signals on.  Using a camera or lasers to monitor lane markers, the LDW may blink a dashboard alert, sound a chime and/or vibrate the steering wheel or seat.

·         Lane-Keeping Assist (LKA):  In addition to sensing when you leave your lane, this technology will cause the vehicle to be driven back into your lane.

·         Backup Camera:  Starting in the 2018 model year, all light-duty vehicles will come with standard rear view backup cameras.  This camera-based assistance system is activated when the vehicle is placed in reverse.  The rear view is displayed in a rear view mirror or a center console screen.  This device will be mostly used as a parking aid that can assist with spotting a pedestrian or vehicle behind.  Some more advanced systems give a 360 degree view around the vehicle.

·         Parking Assist Systems:  These are sensors placed in the front, rear or both of the bumpers that alert you when driving at a parking speed that walls, light poles, bushes and the like are getting close.

·         Automatic High Beams:  This function automatically switches from low to high beams and back again, for improved nighttime visibility as the road conditions require.

With all these new vehicle safety features becoming available, the auto accident injuries should reduce dramatically.

Kansas City KS Auto Accident Lawyer with Award Winning Experience:

If you have been involved in an auto accident, give our award winning attorney, James R. Shetlar a call today.  He can guide you through the insurance claims and negotiating process, and if the insurance company won’t pay a fair amount for your injuries, he will take your case to trial. 

Free Auto Accident Consultations:

You pay NOTHING, unless Mr. Shetlar wins money for you. 

Make the call today. 

Phone: 913-648-3220 Ext. 3033

Toll Free: 888-361-0054

Missouri: 816-842-1195

Your Kansas City KS Auto Accident Lawyer:

Kansas City Kansas (KC, KS), Bonner Springs, Edwardsville, Bonner Springs, Edwardsville Overland Park, Olathe, Shawnee, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Edgerton, Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Prairie Village, Roeland Park, Spring Hill, Westwood, Westwood Hills, Osawatomie, Mound City, and Lake Quivira.

 

-----------------------------------------

July 15, 2016

From the News Desk of James R. Shetlar, Kansas City Kansas Auto Accident Attorney:

Low Speed Auto Accidents in KC, KS:

When an injury claims arises from an auto accident involving little or no damage to the auto, insurance companies will often claim that the injury was not caused by the car accident. This is especially true when the injury victim has suffered only “soft tissue injuries,” such as whiplash.  Even when the other driver admits that he or she is at fault for the auto accident, insurance companies often dispute or deny soft tissue injury claims that resulted from a low speed or minor impact collision.

Insurance Attorneys Will Have “Experts” Say at Trial that You Are Not Injured:

Defense attorneys for insurance companies will often claim that people who have been in low speed accidents could not have sustained serious injuries.  Many people who have been the victim of serious injuries at low speed would certainly disagree with this view. Attorneys for the insurance company will use paid experts to give testimony in court and these people will say anything to help the insurance company avoid responsibility. Mr. Shetlar, Kansas City KS auto accident attorney, will use his own expert if necessary at trial to provide testimony to the contrary.

Go to the Doctor Even if You Think You Are Not Hurt:

If you have been in an auto accident in Kansas City KS or elsewhere, it is important that you seek medical treatment, even if it was a low speed or minor impact collision. Regardless of what the insurance adjuster may want you to believe, serious injuries can result from low speed and minor impact accidents.  It is important that you follow the advice of your doctor and receive all the recommended treatment.  Not all injuries can be found at the time of the accident.  Some injuries may not become known until days or weeks after the auto accident.

Meet with Mr. Shetlar After Your Kansas City KS Auto Accident:

After seeking medical treatment, it is important to meet with an experienced Kansas City KS auto accident attorney, Mr. Shetlar, to discuss the facts of your case.  Even if the insurance company disputes the validity of your claim, Mr. Shetlar will carefully evaluate your case to determine its true value.  Most often, auto accident claims are worth far more than an insurance adjuster is willing to admit.  Mr. Shetlar has significant experience negotiating with insurance companies and knows the ins and outs of car accident claims. He will work to ensure that you are fairly compensated for your injury, even if the collision was only a minor impact.

Complimentary Auto Accident Consultations:

All auto accident evaluations are free of charge.  Mr. Shetlar will charge you NOTHING, unless he wins money for you. 

Make the call today. 

Phone: 913-648-3220 Ext. 3033

Toll Free: 888-361-0054

Missouri: 816-842-1195

Your Car Accident Lawyers in Kansas City Kansas (KC, KS) and Surrounding Areas:

Kansas City Kansas (KC, KS), Edgerton, Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Overland Park, Olathe, Prairie Village, Roeland Park, Shawnee, Spring Hill, Westwood, Westwood Hills, Osawatomie, Mound City, Bonner Springs, Edwardsville and Lake Quivira.

 

------------------------------------

July 1, 2016

From the News Desk of James R. Shetlar, Kansas City Kansas Auto Accident Attorney:

Driving while intoxicated (DWI) or driving under the influence (DUI) of drugs and alcohol is clearly “negligent”.  “Negligence” is the Kansas legal standard that determines when a person is responsible for an auto accident.  If a driver is drunk causing an auto accident and injures you, he or she is responsible to pay you money for your injuries.      

While the criminal court system can punish a drunk driver who caused the car accident, it does nothing to compensate the injured victims of any auto accidents that the driver caused.  Our drunk driving accident lawyer, Mr. Shetlar, has represented many people who have been the victims of drunk drivers.

If you or a family member has been the victim of an auto accident caused by a drunk driver, please contact Mr. Shetlar today.  He will vigorously pursue compensation for your injuries.

Kansas Drunk Driving Injury Statistics:

According to the Kansas Department of Transportation (KS DOT), there were 2,400 alcohol-related auto accidents in 2014.  Of those Kansas auto accidents, there were 109 deaths and 1,411 injuries.  In 2014, 509 of those car accidents were caused by drunk drivers in the 20-24 age group.  According to the KS DOT, the older you were in 2014, the less likely you were to be a drunk driver that caused an auto accident. 

Getting Victims of Drunk Drivers Paid: 

The civil court system allows auto accident victims to recover financial compensation for the injuries and other damages the drunk driver caused.  Mr. Shetlar can file a lawsuit and obtain financial compensation for your injuries, medical expenses, lost wages, pain and suffering, and property damage.

If the driver who caused the crash was legally intoxicated, we can also pursue punitive damages for the injury victim.  Punitive damages are additional monies paid to the victim to punish the drunk driver.  Punitive damages can significantly increase the amount of money a car accident victim receives.  

That Insurance Company is Not Your Friend:

While insurance adjusters may seem helpful initially, they are not your friend.  If you are the victim, please do not speak with an insurance adjuster without first consulting Mr. Shetlar.  Do not allow any conversation you have with the insurance adjuster to be recorded.  The insurance company’s goal is to pay you the least possible amount of money for your injuries.  The insurance representatives may encourage you to agree to a fast, cheap settlement offer, but don’t.

Seeking Justice for Auto Accident Victims:

Mr. Shetlar is dedicated to helping his clients recover the maximum amount of money for their injuries.  He will work to protect your rights and pursue your best interests.  He will relieve you of the burden of dealing with the insurance companies so that you can focus on healing from your injuries.

Mr. Shetlar is an excellent negotiator who work to achieve a full and fair settlement for your auto accident injuries.  However, if the opposition is unwilling to be reasonable, he is a trial attorney who will litigate the matter in court in order to win justice for you.

Award Winning Auto Accident Lawyer:

James R. Shetlar has the experience as well as the recognitions and awards that can get you the results you need after a car accident in the Kansas City Kansas area.  Call him today if you have been involved in a Kansas City KS car accident.   

Free Auto Accident Consultations:

Mr. Shetlar will charge you NOTHING, unless he wins money for you. 

Make the call today. 

Phone: 913-648-3220 Ext. 3033

Toll Free: 888-361-0054

Missouri: 816-842-1195

Your Car Accident Lawyers in Kansas City Kansas (KC, KS) and Surrounding Areas:

Kansas City Kansas (KC, KS), Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Edgerton, Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park, Shawnee, Spring Hill, Westwood, Westwood Hills, Osawatomie, Mound City, Bonner Springs, Edwardsville and Lake Quivira.

 

-----------------------------------

June 15, 2016

From the News Desk of James R. Shetlar, Kansas City Kansas Auto Accident Attorney:

Summer Vacation Auto Driving Tips:

Before You Go:

·         Take Your Car in for Service:  Regular auto maintenance such as oil changes, tune-ups, tire rotations, brake and battery checks go a long way toward preventing breakdowns.

·         Buckle Up Your Car Seatbelt:  All passengers must agree to wear their seat belts every time they are riding or driving in your vehicle.  You need to set the example by always wearing your seat belt.

·         Put Your Cell Phone in the Auto’s Glove Box:  Those beeping, clicking phones are hard to ignore.  But for the safety of you, your passengers and others on the road, you must resist checking your phone.  A text or phone call is just not worth a horrific car accident.    You need to keep your concentration on the task of driving.  And remember, law enforcement officers across the United States are now using cutting-edge strategies to aggressively enforce their State distracted driving laws.  So save lives and avoid tickets!

·         Take Rest Breaks:  Driving long distances in a car can be mesmerizing.  Drivers can become tired and not pay as close of attention to the road as they should.  Always remember to take rest brakes and change drivers if necessary.  At that time you can check your phone too.

Children and Hot Weather Safety Tips:

We’ve all heard the horrible news lately about the tragedies caused by leaving a child in a car.  As outdoor temperatures rise, so does the risk for even a brief time period that a child is left alone in a car.

To prevent these tragedies, always remember:

·         Always look in both the back and front of the auto before locking the door and walking away.

·         Heatstroke can occur in temperatures as low as 57 degrees.  On an 80-degree day, temperatures inside a vehicle can reach deadly levels in 10 minutes.    See SaferCar.gov

·         Always lock your car or truck doors and trunk and keep the keys out of a child’s reach.

Award Winning Car Accident Lawyer:

James R. Shetlar has the experience as well as the awards and recognitions that can get you the results you need after an auto accident.  Call him today if your summer driving vacation has turned into a serious accident.   

All Car Accident Consultations are Free of Charge:

James R. Shetlar will charge you NOTHING, unless he wins money for you. 

Make the call today. 

Phone: 913-648-3220 Ext 3033

Toll Free: 888-361-0054

Missouri: 816-842-1195

8000 Foster St

Overland Park, KS 66204

Your Auto Accident Lawyers in Kansas City Kansas (KC, KS) and Surrounding Areas:

Kansas City Kansas (KC, KS), Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park, Shawnee, Spring Hill, Westwood, Westwood Hills, Osawatomie, Mound City, Bonner Springs, Edwardsville, Lake Quivira, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, and Edgerton.

 

--------------------------------

June 1, 2016

 

From the News Desk of James R. Shetlar, Kansas City Kansas Auto Accident Attorney:

One of the best ways to avoid serious injuries from Kansas City Kansas auto accidents (and elsewhere) is to use your car’s seat belt.  While it seems like a simple safety act, many Kansans still do not use their seat belts.   

 

The National Highway Traffic Safety Administration (NHTSA) Announced its “Click It or Ticket” Campaign:

 

On May 12, 2016, the NHTSA announced its “Click It or Ticket” campaign.  According to Anthony Foxx, U.S. Transportation Secretary, “It’s a simple idea that every driver and passenger should keep in mind: buckle up, every time.  Putting on your seat belt is one of the easiest and safest choices you can make.”

 

According to NHTSA, thousands of Americans are alive today because a seat belt saved them during an auto accident.  In 2014, the use of seat belts in passenger vehicles saved an estimated 12,802 lives. From 2010 to 2014, seat belts saved an estimated 63,000 lives.

 

Kansas Auto Seat Belt Statistics: 

 

In 2015, NHTSA’s National Occupant Protection Use Survey was conducted and it found that 81.2% of all Kansans wore their car’s seat belts.  However, that was a decrease in seat belt use from the prior year in 2014 when 85.7% of all Kansas auto drivers and occupants wore their seat belts.

 

United States Auto Seat Belt Statistics: 

 

The 2015 State and Territory survey results included the following:

Nineteen States, the District of Columbia, Puerto Rico, Guam and Northern Mariana Islands achieved belt use rates of 90 percent or higher. These States include, in descending order of belt use rate, California, Georgia, Oregon, Illinois, Washington, Minnesota, New Mexico, Alabama, Iowa, Maryland, Michigan, Hawaii, New York, Nevada, Indiana, South Carolina, New Jersey, Texas, and Delaware.  Kansas was not one of those States.    

   

Stronger Car Seat Belt Enforcement Laws Means More Seat Belt Use: 

According to NHTSA, jurisdictions with higher auto seat belt enforcement rates showed more seat belt use among drivers and passengers alike.   

 

Award Winning Car Accident Lawyer:

James R. Shetlar has the experience as well as the awards and recognitions that can get you the results you need after an auto accident.  Call him today if you have been involved in a car accident in Kansas City Kansas or surrounding areas. 

  

All Car Accident Consultations are Free of Charge

 

James R. Shetlar will charge you NOTHING, unless he wins money for you.  

 

Make the call today. 

 

Phone: 913-648-3220 Ext 3033

 

Toll Free: 888-361-0054

 

Missouri: 816-842-1195

 

Your Auto Accident Lawyers in Kansas City Kansas (KC, KS) and Surrounding Areas:

Kansas City Kansas (KC, KS), Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park, Shawnee, Spring Hill, Westwood, Westwood Hills, Osawatomie, Mound City, Bonner Springs, Edwardsville, Lake Quivira, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, and Edgerton.

 

--------------------------------------

May 15, 2016

From the News Desk of James R. Shetlar, Auto Accident Lawyer in Kansas City KS (KC, KS) and Surrounding Areas:

Proposed New Rule to Lessen the Likelihood of People Being Ejected from a Motor-Coach or Large Bus:

On April 25, 2016, The U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA) proposed a new Federal Motor Vehicle Safety Standard that will help reduce fatalities and injuries in motor-coach and large bus crashes by lessening the likelihood of occupant being thrown out of the vehicles. 

Preventing occupant ejection is a high priority for the Department of Transportation (DOT) and NHTSA.  In 2013, the DOT issued a final rule requiring seat belts at all seating positions in motor-coaches to lessen the likelihood of people being ejected and to improve crash protection.

The Notice of Proposed Rulemaking (NPRM) specifies a new impactor test on the glazing material of side and rear windows and glass panels on the roof of motor-coaches and large buses.

NHTSA Proposals to Improve Passenger Safety in Motor-Coaches and Large Buses:

·         The proposal would drive the installation of advanced glazing materials being used on side and rear windows as well as improve emergency exit latches in motor-coaches and large buses. 

·         NHTSA is now proposing performance requirements for preventing the windows and roof panels themselves from becoming ejection portals due to occupant loading during a rollover crash.

·         NHTSA is also proposing to improve emergency exits in motor-coaches and large buses by requiring that emergency exit latches remain operable after the proposed impact tests and by limiting the protrusions of emergency exit latches into emergency exit window openings to ensure they do not unduly hinder people from exiting the emergency door.

James R. Shetlar, Award Winning Auto Accident Lawyer:

James R. Shetlar is recognized by The National Trial Lawyers as one of the Top 100 Trial Lawyers in the United States.  He knows how to get you a fair settlement, and if the insurance company won’t deal, he will file a lawsuit and take your case to trial.

If you have been involved in an auto accident in a motor-coach or a large bus, whether call James R. Shetlar before you talk with the insurance company.  Do not sign any documents for the insurance company before you make that call.

All Auto Accident Consultations are Free of Charge:

James R. Shetlar will charge you NOTHING, unless he wins money for you. 

Make the call today. 

Phone: 913-648-3220 Ext 3033

Toll Free: 888-361-0054

Missouri: 816-842-1195

8000 Foster St

Overland Park, KS 66204

Your Auto Accident Lawyers in Kansas City Kansas (KC, KS) and Surrounding Areas:

Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park, Shawnee, Spring Hill, Westwood, Westwood Hills, Osawatomie, Mound City.Bonner Springs, Edwardsville, Lake Quivira, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, and Edgerton.

 

----------------------------

May 2016

From the News Desk of James R. Shetlar, Kansas City KS (KC, KS) Auto Accident Lawyer:

Distracted Drivers Cause Auto Accidents in Kansas City KS (KC, KS) and Elsewhere:

On April 5, 2016, the United States (U.S.) Department of Transportation’s (DOT) National Highway Traffic Safety Administration (NHTSA), the National Transportation Safety Board (NTSB), California Highway Patrol (CHP), the California Office of Traffic Safety (OTS), and Impact Teen Drivers (ITD) joined together for the national kickoff of Distracted Driving Awareness Month.

Distracted Driver Auto Accident Statistics in the United States:

According to NHTSA in 2014, there were 3,179 people killed and an estimated additional 431,000 injured in motor vehicle crashes involving distracted drivers.  Ten percent of all drivers 15 to 19 years old involved in fatal auto accidents were reported as distracted at the time of the crashes. This age group had the largest proportion of drivers who were distracted at the time of the crashes.  In 2014, there were 520 non-occupants killed in distraction affected auto accidents. 

“Behind every distracted driving death is a story of loss. In the blink of an eye, lives can be transformed forever,” said U.S. Transportation Secretary Anthony Foxx. “Scrolling through song lists on a cell phone, or texting while driving is not just irresponsible, it can have tragic consequences. We’re calling on drivers to put down their devices and help keep the roadways safe for all Americans.”  (See NHTSA press release dated April 5, 2016)

Cell Phones Cause Distracted Driving Auto Accidents in Kansas City KS (KC, KS) and Throughout the United States: 

Much attention across the country has been devoted to the use of cell phones and other electronic devices while driving.  In 2014, there were 385 fatal crashes reported to have involved the use of cell phones as distractions (13% of all fatal distraction-affected crashes). For these distraction-affected crashes, the police crash report stated that the driver was talking on, listening to, or manipulating a cell phone (or other cell phone activity) at the time of the crash. Cell phones were reported as 13 percent of the distracted drivers in fatal crashes. A total of 404 people died in fatal crashes that involved the use of cell phones or other cell phone-related activities as distractions.

“As we rely on our cell phones more and more in our everyday lives, we seem to be kidding ourselves in thinking that they don’t affect our driving,” said OTS Director Rhonda Craft. “Crashes are up. The scientific evidence is solid. The dangers are real, and they apply to all of us. We need to silence the distractions.”  (See NHTSA press release dated April 5, 2016.)

James R. Shetlar, Award Winning Auto Accident Lawyer:

If you have been involved in an auto accident, whether as the result of distracted driving or another cause, call James R. Shetlar before you talk with the insurance company.  Do not sign any documents for the insurance company before you make that call.

James R. Shetlar is recognized by The National Trial Lawyers as one of the Top 100 Trial Lawyers in the United States.  He knows how to get you a fair settlement, and if the insurance company won’t deal, he’ll take your case to trial.

All Auto Accident Consultations are Free of Charge:

James R. Shetlar will charge you NOTHING, unless he wins money for you. 

Make the call today. 

Phone: 913-648-3220 Ext 3033

Toll Free: 888-361-0054

Missouri: 816-842-1195

8000 Foster St

Overland Park, KS 66204

Your Auto Accident Lawyers in Kansas City Kansas (KC, KS) and Surrounding Areas:

Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Bonner Springs, Edwardsville, Lake Quivira, , Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Edgerton, Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park, Shawnee, Spring Hill, Westwood, Westwood Hills, Osawatomie and Mound City. 

-----------------------------------

April 2016

From the News Desk of James R. Shetlar, Kansas City Kansas (KC, KS) Car Accident Lawyer…

Car Automatic Braking Systems Will Reduce Injuries and Save Lives:

U.S. Transportation Secretary Anthony Foxx just announced that 20 automakers have agreed to make automatic emergency braking as a standard feature on cars and trucks in September 2022.  This feature has already appeared in many high-end car models as an option.

The 20 automakers include 99% of the new-car market, according to the National Highway Traffic Safety Administration (NHSA).  The NHSA and the Insurance Institute for Highway Safety (IIHS), negotiated the deal.  IIHS claims that it expects this deal will take three years off the time it would have taken for a new rule to be implemented.

During those three years, the IIHS estimates the deal will prevent 28,000 car crashes and 12,000 car-related injuries.

Automakers joining in the deal include Volvo, Volkswagen, Toyota, Tesla, Subaru, Porsche, Mitsubishi, Mercedes-Benz, Mazda, Maserati, Kia, Jaguar Land Rover, Hyundai, Honda, General Motors, Ford, Fiat Chrysler, BMW and Audi.

Automatic Braking Systems will also be standard on most medium-duty trucks by September 2025.

Automatic Breaking Systems Work Like This in Cars:

·         A combination of a radar, cameras and lasers detect a stopped car ahead and trigger a warning to the driver

·         If the driver doesn’t respond, the Automatic Braking System applies the brakes and stops the car. 

From the testing stage to standard safety features takes time to develop in passenger automobiles.  It wasn’t all that long ago that seat belts were an optional safety feature in cars.  For seat belts to be recognized as devices that saved lives took years.  Then there were the air bags that eventually became standard car safety features.  And of course, who can back up now without rear-view cameras.  The car safety world is ever changing as new technologies develop and consumers continue to demand safer vehicles. 

If you are in an automobile accident, call one of the Top 100 Lawyers in the United States, James R. Shetlar, for the experienced legal help you need.

Your Car Accident Lawyers in Kansas City Kansas (KC, KS) and Surrounding Areas:

Bonner Springs, Edwardsville, Lake Quivira, Argentine, Armourdale, Armstrong, Morris, Piper, Rosedale, Turner, Wyandotte, Welborn, Basehor, De Soto, Easton, Lansing, Leavenworth, Linwood, Tonganoxie, Edgerton, Fairway, Gardner, Lenexa, Leawood, Merriam, Mission, Mission Hills, Mission Wood, Overland Park, Olathe, Prairie Village, Roeland Park, Shawnee, Spring Hill, Westwood, Westwood Hills, Osawatomie and Mound City.

© 2016 James R. Shetlar, All Rights Reserved   

                                                       --------------------------

March 2016

From the Desk of James R. Shetlar, Car Accident Lawyer for Kansas City KS and the Greater Kansas City area

Do you need to hire a car accident lawyer in the KC, KS or KCMO area?

Car Damage Only:  If no one was hurt in the auto accident, and your only damage is to your car, then you probably don’t need a lawyer.  Most insurance companies will pay you without a lot of hassle the average book value of your car if it is totaled or for the cost of the auto repair work needed to your car.    

Minor Injuries Only:  If you or your vehicle passengers only received a bruise or a scrape then you probably don’t need a lawyer.  But before you decide, talk with your doctor and see what he or she thinks about your injury from your car accident.  Sometimes injuries seem minor at first, but there are hidden problems that you should check out.  If your doctor says you have an injury that is worse than originally thought or it could worsen with time, then give James R. Shetlar a call.  He is an experienced auto accident lawyer in the greater Kansas City KS and Kansas City area.

Significant Injuries:  If you or your vehicle passengers have suffered a significant injury, then you definitely need to call James R. Shetlar, car accident lawyer.  Serious injuries can include:  broken bones (particularly in the joint), hip, shoulder, back, head and brain injuries.  Don’t try to deal with the insurance company on these kinds of serious injuries, as the insurance company adjuster’s job is to pay you as little as possible.  That’s how an insurance company makes money.  “Fairness” is not the insurance company’s goal. 

Don’t Talk with the Insurance Company:  If you or your car’s passenger gets hurt, talk with a trusted and experienced lawyer, James R. Shetlar, before you talk with the insurance company.  You have nothing to lose as all case evaluations are free of charge.  You will pay NOTHING, unless James R. Shetlar wins money for you. 

What Will Mr. Shetlar Do for You?

If Mr. Shetlar accepts your auto accident injury case, he will:

·         Speak with you and obtain your view of what happened in your car accident

·         Speak with any witnesses to the car accident

·         Obtain and review your medical records from your car accident injury

·         Obtain the accident police report

·         Hire an accident reconstructionist if necessary to evaluate how the accident happened

·         Prepare a settlement demand letter for the insurance company

·         Negotiate with the insurance company for a fair settlement

·         If your car accident claim can’t be settled, file a lawsuit on your behalf and take it to trial

Mr. Shetlar Focuses His Auto Accident Practice in KC, KS and KCMO on:

Leawood, Lenexa, Merriam, Olathe, Overland Park, Prairie Village, Kansas City Kansas (KC, KS), Bonner Springs, Edwardsville, Lake Quivira, DeSoto, Gardner, Osawatomie, Mound City, Kansas City Missouri (KCMO), Blue Springs, Grandview, Independence, Lee’s Summit, Raytown, Leavenworth, Parkville, Platte City, Riverside, Smithville, Claycomo, Gladstone, Kearney, Liberty, North Kansas City (NKC), Belton, Harrisonville, Peculiar, and Raymore.  

© 2016 James R. Shetlar, All Rights Reserved     

 

-------------------------------

In KC, KS Injury News:  Traumatic Brain Injury (TBI)

01-22-16

There are many different causes of a KC, KS traumatic brain injury, including automobile accidents, falls, assaults, sports-related accidents, stroke, aneurysm, brain tumors, being too close to an explosion, exposure to toxic substances as well as child or domestic abuse.  A brain injury may result in impairments in several areas including: cognition, speech-language communication, memory, attention and concentration, reasoning, abstract thinking, physical functions, psychosocial behavior and information processing.

If you or a loved one has sustained a KC, KS traumatic brain injury (or anywhere in the Kansas City KS area), the Brain Injury Association of Kansas and Greater Kansas City can help.  Click here for information and a guide to resources.

The number of Americans who sustain a traumatic brain injury every year is astounding.  It’s estimated to be 2.5 million Americans who suffer this horrific injury.  In addition, an estimated 5.3 million Americans, a little more than 2 percent of the United States population, currently live with disabilities resulting from traumatic brain injury.

A traumatic brain injury, sometimes simply referred to as a “brain injury”, references an injury to the brain that occurs after birth.  A traumatic brain injury (TBI) is an injury to the brain caused by an outside physical force, and falls under the more general “acquired brain injury” heading.  A traumatic brain injury may cause an altered or reduced state of consciousness, and results in an impairment of physical functioning or cognitive abilities.  It can also cause a disturbance of emotional or behavioral functioning. These impairments may be either temporary or permanent and cause partial or total functional disability or psychosocial difficulties.

If you or a loved one has suffered a traumatic brain injury (TBI) as a result of an accident, contact an experienced KC, KS injury attorney, James Shetlar, for help sorting through the difficult medical and legal issues.     

------------------------------------------------

Royals Take the World Series!

Now Royals’ Escobar is Honored with the Gold Glove Award!

11-18-15

The Royals brought home a World Series win to Kansas City on November 1, 2015, and now one of its top defenders has received the Gold Glove Award.  Alcides Escobar has joined his Kansas City Royals teammates and past winners, Eric Hosmer and Salvador Perez with the Gold Glove honor.   

Kansas City Royals’ manager, Ned Yost, said in a conference call with Jeffrey Flanagan at MLB.com, "[Escobar] was extremely deserving.  This caps off a great year for him. He had a tremendous regular season [with the Royals], a tremendous postseason, made the All-Star team and now, finally to be recognized with a Gold Glove, it's just special.”

Escobar was honored with his fist Gold Glove Award at the awards dinner in New York.  "I'm just so happy to be here," Escobar said. "This team [Royals] has a lot of great defensive players."  Escobar said he patterns his game after fellow Venezuelan baseball shortstop, Omar Vizquel, who won 11 Gold Gloves.  "That's my favorite player," Escobar said. "That's my hero."

Though opponents, Kansas City Royals’ teammates and scouts have raved about Escobar's ability to make the almost impossible plays for years, his defensive metrics have done little to support his case for a Gold Glove.   

This season, for example, Escobar's defensive runs saved was minus-one, according to FanGraphs, and that was only fifth best in the league.  He was behind Oakland's Marcus Semien, who made 35 errors in 2015 but was plus-four in that metric.

Kansas City Royals’ first baseman Eric Hosmer feels the same.  He has witnessed Escobar's range for years and doesn't see many other shortstops in his class.

"Oh, man. It's something that year in and year out we see," Hosmer said. "... We all feel he should be winning them every year with us [Royals]. Especially with me being a first [Kansas City Royals’] baseman, you just see how many good plays he makes, and the plays that he makes that you realize not many shortstops, if any shortstops, can really relate to in terms of the range that he has throughout the league.  You think that in years past, the errors he had he was getting because of balls that other shortstops couldn't even come close to getting to. Just being his first [Kansas City Royals’] baseman and getting to see him each and every day and him finally winning one and being an All-Star this year and being an MVP in the postseason, I just think he really broke out to being a superstar."

Join Kansas City personal injury lawyer, James Shetlar, in congratulating not only the Royals for their amazing win, but also Escobar for his Gold Glove Award.  For all your injury and accident needs, contact James Shetlar today!

Source:  MLB.com

 

------------------------------------------

NURSING HOME ABUSE AND NEGLECT

MISSOURI AND KANSAS

 10-09-15

According to the Center for Community Living (“CCL”), which is part of the U.S. Department of Health and Human Services, hundreds of thousands of elderly people are abused, neglected, and exploited each year. These older people are often not able to help themselves due to physical and mental conditions, and they must rely on others to meet their basic needs.

All 50 States have passed some type of elder abuse law, and generally each State has defined elder abuse as:

·      Physical Abuse, which can be slapping, bruising, and/or restraining by physical methods or by prescription medication

·         Sexual Abuse, which is non-consensual sexual contact of any kind

·         Neglect, which is the caregiver failing to provide food, shelter, healthcare or protection to a senior person

·         Exploitation, which is the illegal taking of money or property

·         Emotional Abuse, which is causing emotional distress through such things as threatening behavior, intimidation or humiliation

·         Abandonment, which is the failing to be responsible for the care and custody of the elderly person

·         Self-neglect, which is the elderly person’s failure to care for himself or herself such that it threatens his or her own health and safety

You may suspect that your elderly loved one is being abused and neglected in a nursing home or assisted living facility.  The following are some signs that could be indications of nursing home abuse and neglect:  

·        Physical abuse indications could be burns, abrasions, broken bones, pressure marks, bedsores, bruises

·         Sexual abuse indications could be bruising around the genital area or breasts 

·         Neglect indications could be unusual weight loss, poor hygiene, medical needs not being met, or bedsores 

·         Exploitation indications could be sudden changes in finances 

·         Emotional abuse indications could be depressions, sudden changes in mental alertness, or withdrawal from normal daily activities

·         Strained or tense relationships and arguments between the caregiver and the senior are also signs of elderly abuse.

Overall, if you notice changes in your loved one’s personality or behavior, you should pay closer attention to see if you can detect any specific signs of nursing home abuse and neglect.

If your loved one has been injured in a nursing home, let an experienced Missouri and Kansas nursing home or assisted living abuse and neglect lawyer help you.  Contact Mr. Shetlar today for the experience you can trust!  There is no fee unless we win money for you!

© 2015 James R. Shetlar, All Right Reserved

8000 Foster St
Overland Park, KS 66204
Phone: 913-648-3220 Ext 3033
Toll  Free: 888-361-0054
Missouri #: 816-842-1195
Fax: 913-648-3357
jim shetlar best attorneys in america
jim shetlar top 100 trail lawyers
LAW FIRM OF
James Shetlar
jim shetlar super lawyers
Free Consultation
No fee unless we collect
 |  accidents | injury | medical malpractice | falling injuries | workers compensation | construction worker | tips | contact | bio | disclaimer | home |
Website Designed by A Lawyer Marketing Lawyers