4/27/12

Traffic alert - 435 in Johnson County & Overland Park

For Wednesday & Friday, April 25 & 27-November 2012 in Johnson County

Beginning at 9:00 a.m. on Wednesday, April 25, the westbound I-435 to southbound US-69 ramp will CLOSE for reconstruction work on the interchange loop ramp. A marked detour will be provided. Westbound I-435 traffic will detour southbound on Blue Valley Parkway to southbound US-69.

Beginning at 9:00 a.m. on Friday, April 27, the southbound US-69 to westbound I-435 ramp will CLOSE for reconstruction work on the interchange loop ramp. A marked detour will be provided. Southbound US-69 traffic will detour to eastbound College Boulevard then to northbound US-69 back to westbound I-435.

EXPECT DELAYS! Advance message boards will alert drivers to the ramp closure. Updated daily traffic information for this project can be viewed online at: www.ksdot.org/kcmetro/laneclose.asp. This ramp reconstruction work is part of the I-435 & US-69 Red Improvement Project which began construction in late summer 2011.

Project work for both ramps is scheduled to be completed and the ramps reopened to all traffic in November 2012, weather permitting.

4/25/12

More data released on teen driving and distracted driving accidents

Kansas City distracted driving crashes injure & kill hundreds in Overland Park, Olathe, Jackson & Wyandotte Counties each year

Many young drivers are in denial about their distracted driving tendencies.

Girls are far more likely to engage in distracted behavior behind the wheel than boys.

Parents often set bad examples.

These are some findings of a nationwide survey on distracted driving, released Tuesday at a news conference at the National Press Club in Washington. The survey was commissioned by Bridgestone Americas, the tire maker based in Nashville, and conducted by Prince Market Research, also of Nashville.

Dan MacDonald, a spokesman for Bridgestone Americas, opened the conference by recounting how a young college student in Utah, driving home recently to see her parents, crashed her vehicle and died. He said that before the crash, the young woman was using her smartphone to post Facebook updates every 90 seconds. So why does this keep happening? Mr. MacDonald asked.

A goal of the survey, he said, was to determine why many young drivers continued to drive while engaging in distracting behavior despite being aware of the dangers.

Transportation Secretary Ray LaHood, who addressed conference attendees, called the deadly epidemic of distracted driving a critical national issue, but noted that the problem was especially pronounced among teens and young adults.

Having good data is very important, Secretary LaHood said, commending Bridgestone for adding to the evidence of the dangers of cellphone use while driving. It helps bolster our case, he added. Mr. LaHood has opposed the proliferation of infotainment features in passenger vehicles, though he has not called for an outright ban on the use of cellphones in cars.

The study of more than 2,000 young drivers ages 15 to 21 was conducted purely online, as many young people do not have wired telephone lines, over a week in March. The survey results had an overall margin of error of plus or minus 2.2 percent.

The results of the survey were broadcast live during the news conference on TeensDriveSmart.com, a safety Web site managed by Bridgestone, and on FastLane, Mr. LaHoods blog.

Angela Patterson, manager of the Teens Drive Smart program for Bridgestone, presented the crucial findings of the survey. This age group simply does not believe they are at risk, she said. Although more than half of the respondents said they believed that distracted driving was dangerous, she said, they either thought that they were not prone to distraction behind the wheel or that they would take precautions to avoid distraction.

These impressions were shared in response to the question: Given that driving while distracted can be dangerous, why do you do it? Some young drivers considered themselves safe drivers simply because they hadnt been involved in an accident or hadnt been ticketed. Among other findings, about a third of respondents admitted to reading texts on occasion while driving; one-quarter of respondents said talking on the phone while driving was not dangerous; and two-thirds said that they considered themselves very safe drivers.

Perhaps the most serious duplicity, however, was reserved for parents. Most respondents said their parents engaged in more potentially distracting activities while driving than they did.

It must be O.K. if parents are doing it, Ms. Patterson said. They are learning bad habits from us.

David Teater, senior director of transportation initiatives for the National Safety Council, a nonprofit advocacy group, said the study was a reminder that teens, like adults, could suffer a disconnect between what they knew about risks and what they did about them.

They are aware of the risks but engage in them anyway, and to some extent minimize the risks because they havent been in a crash, Mr. Teater wrote in an e-mail. From the perspective of trying to save lives, it confirms what weve known for some time awareness is not nearly enough to change most peoples behaviors. In addition to education, we also need good laws that are well enforced, and safety engineering solutions.

In conjunction with the survey results, Bridgestone announced a contest inviting young adults to create short automotive-safety-themed videos that would encourage their peers to make better decisions behind the wheel.

4/17/12

16 year-old Kansas City girl charged with manslaughter after driving while texting fatal acccident

Passenger said that the girl lost control while texting, colliding with another vehicle and killing the driver

In what is believed to be the first case of its kind in the Kansas City area, and perhaps in Missouri, Platte County prosecutors charged a 16-year-old Northland girl Thursday with texting while driving and causing a traffic crash that killed a 72-year-old woman.

Prosecutors used the texting allegation to add a much more serious charge second-degree involuntary manslaughter against Rachel Gannon, whom a judge certified this week to stand trial as an adult. The manslaughter charge alleges that Gannon demonstrated criminal negligence by losing control by texting while driving.

Gannon also is charged with third-degree assault for injuries suffered by Larimers 10-year-old granddaughter, who was riding in Larimers back seat, and she is charged with violating the 2009 Missouri law that prohibits motorists 21 or younger from text-messaging.

According to court records, Gannon was texting, looking at her phone and listening to loud music when she lost control of her vehicle in September and slammed into a car driven by Loretta Larimer, a great-grandmother from Camden Point who had pulled off the Kansas City, North road into grass in an attempt to avoid the out-of-control vehicle headed her way.


Driving requires total concentration, and to put lives at risk to respond to a usually irrelevant text is reckless, irresponsible and criminal, said John Larimer, the victims son, who said he thinks that all school drivers education classes should include information about the dangers of distracted driving.

The case prompted Platte County Prosecutor Eric Zahnd, who filed the charges, to call Thursday for the Missouri General Assembly to prohibit texting while driving for all drivers, regardless of age. Bills calling for such a law have been introduced in Missouri in recent years, but none has passed.

We know from many different research studies that texting while driving is at least as dangerous as driving while drunk, and may be even more dangerous, Zahnd said Thursday. For that reason, I believe it should be illegal for anyone to text while they are driving.

Gannon, who posted a $5,000 bond, was required to surrender her drivers license as a bond condition.

This is a tragic case for all involved, including Rachel, who is a good kid, said her attorney, Brian Gaddy. Because the case is pending, Gaddy said he could not comment further.

If convicted of the manslaughter charge, Gannon faces up to four years in prison. She faces up to one year in jail on the assault charge, and a $200 fine if convicted of texting while driving.

According to court records:

Gannon was driving a neighbors Honda Pilot north in the 12200 block of Northwest Skyview Road when the wreck happened about 3 p.m. Sept. 26.

Larimer, who had to be cut from her Nissan Altima, was pronounced dead at a hospital. Her granddaughter suffered a chipped arm bone, hurt neck and numerous bruises.

At the scene, Gannon told police she was looking at her phone when she lost control, according to the records. As she attempted to regain control, the vehicle slid across the roadway and into Larimers car.

A 15-year-old passenger from Gannons vehicle told police that Gannon was texting and looking at her phone and had the music turned up too loud. He noticed Gannon was going off the road and into the grass and said, Rachel! Gannon dropped her phone and tried to steer back onto the road, the witness said.

According to Larimers granddaughter, Larimer saw the vehicle coming at them, said Aaah, and swerved off the road into the ditch. Police determined that Larimers car was near a complete stop when the Pilot struck it. The road did not have a shoulder.

Missouri lawmakers passed the texting ban in 2009, but efforts to expand it to include all ages have gone nowhere.

State Sen. Bill Stouffer, chairman of the Senate Transportation Committee, said the bill introduced originally in the Senate had no age restrictions but was amended in the House.

Subsequent efforts to expand the law to include all ages have been filibustered, he said.

Rob Reynolds, executive director of FocusDriven, a national group established in 2009 to advocate for cell-phone-free driving, said such prosecutions related to deaths caused by distracted drivers are highly unusual.

Its a bold move by the prosecutor, he said.

Zahnd and several other prosecutors around the state said Thursday they were unaware of any similar prosecutions.

Reynolds, whose 16-year-old daughter was killed by a distracted driver in 2007, said his group is trying to educate people about the reality of how dangerous distracted driving is.

Studies show that the risk for drunken driving and distracted driving are the same, he said.

What were talking about with distracted driving is were talking about impairment, Reynolds said. If a driver has a cell phone in their hand, or theyre texting or looking at the Internet, that driver is impaired.

Crash statistics compiled by the Missouri Highway Patrol list a drivers cell phone use as a factor in 1,837 traffic crashes last year. Of those, 587 resulted in injuries and 11 involved fatalities.

Since 2006, the patrol says, 79 people have died in Missouri crashes involving drivers distracted by cell phone usage.

4/14/12

Olathe Man killed by SUV crossing street in scooter in Johnson County, KS

Scooter rider was struck by an SUV crossing Santa Fe in Olathe

An elderly Olathe man was struck by an SUV and killed while trying to cross busy Santa Fe Street in Olathe on a motorized scooter. Santa Fe was closed while police investigated the fatal accident.

Police said the man was crossing from the north side of the street, just west of Ridgeview Road, shortly after 2 p.m. when he was struck by the eastbound vehicle. There is not a crosswalk at that location.

The woman driving the SUV stopped and was interviewed by police. The case is under investigation.

4/4/12

NTSB taking over investigation of semi-truck/RV crash along I-35 in Kansas

The converted RV/18-wheeler crash seriously injured 13 and killed 5 others

This 18-wheeler was tragic, even for a Kansas/Missouri 18-wheeler personal injury wrongful death lawyer who has handled multple heavy truck lawsuits/claims.

The Kansas Highway Patrol said the semi-truck, which was pulling the 57,000-pound motor home in a converted semi-trailer, was driven by 17-year-old Adam Kerber who veered off the road. When Adam Kerber tried to get back on, the truck hit a guard rail then a concrete bridge rail before flipping and plunging 30 feet down a ravine about 9 a.m. Sunday.

Authorities said all five of the family members killed in the accident were not wearing seatbelts. According to the crash report, only two of the injured, including the driver, were wearing seatbelts.

Two of the injured were still in critical condition Monday. Overland Park Regional Medical Center initially said Pauline Kerber, 46, is in critical but stable condition, and her son, Adam Kerber, who was driving, is in critical condition.

The hospital issued a statement Monday afternoon that said Pauline Kerber's condition has been updated while her son remains in critical condition. "Thank you for the outpouring love and support during this tragic accident. We appreciate the prayers of so many, and appreciate you respecting our privacy as we mourn our deep loss," said Pauline Kerber in statement issued by the hospital on Sunday.

In Monday's statement, she said she will "deeply miss" her four children and daughter in law. "But (I) find strength knowing they are all reunited," she said.

The hospital issued a second statement on behalf of her son, Russell Kerber, 24, late Monday afternoon. "Our family has been overwhelmed with the many thoughts and prayers during this tragic time," he said. "We are deeply saddened to confirm the passing of our beautiful family members who are full of life. However, we take comfort knowing they are with our father, who passed away in 2006."

In a statement, Melissa Schoenbauer Kerber's mother, said they are mourning their loss. "Melissa was a beautiful woman and we will miss her dearly," Mary Schoenbauer said. "We are grateful for the outpouring of love and support during our time of loss."

The RV/18-wheeler accident occurred on I-35 near mile marker 167, three miles south of Williamsburg. A highway sign for Tequa Creek was strewn among the debris, with some landing in the creek.

More than 30 emergency crew vehicles were on the scene at the time of the crash. The Freightliner box truck had been converted to include living quarters. The vehicle was also towing a trailer.

Authorities closed the interstate while they investigated the crash. The cause of the crash remains under investigation, but part of it will look at whether Adam Kerber needed a special license to drive the vehicle in Kansas. He would not have needed a CDL or endorsement in Minnesota.

The Minnesota Public Safety Department said Adam Kerber had a restricted driver's license. In Minnesota, Adam Kerber's driver's license normally wouldn't have allowed him to drive a commercial vehicle like that because of its weight and because it was carrying more than 15 people. But neither of the restrictions applied because of a loophole in Minnesota state law regarding private RVs.

Kansas law requires seatbelts be used by front passengers and both were. The other front-seat passenger was also a 15-year-old teen, according to the Kansas Highway Patrol. Kansas law does not require those in the back of the vehicle to use seatbelts.

The 13 people hurt in the crash were sent to several different hospitals around northeast Kansas.

A child in critical condition was sent to Children's Mercy while three others were transported to Ransom Memorial Hospital in Ottawa, four went to Olathe Medical Hospital and three others were rushed to Overland Park Regional Medical Center.

Two more people were sent to Stormont Vail Hospital in Topeka.

4/2/12

Motorcycle rider killed in Kansas City, KS collision with truck

Kansas City, Kansas police are investigating the cause of the accident which happened at an intersection

Kansas City, KS, police are investigating a motorcycle-truck collision in the 3200 block of Fairfax Trafficway which killed the motorcycle driver. Police say a motorcyclist, who was traveling northbound on Fairfax Trafficway, collided with the truck.

The motorcyclist killed Monday morning in a Kansas City, Kan., crash was among a large group of Wisconsin residents working at the General Motors Fairfax plant. Kristen J. Shockley, known as Kris, was killed on his 44th birthday.

Shockley was the father of two young children and like many of the other GM workers from Wisconsin he stayed in the Kansas City area during the work week and made the 1,000-mile roundtrip to Wisconsin on most weekends.

3/23/12

Report blows up justifications for red light cameras

Traffic engineer report shows that, prior to the installation of red light cameras, yellow light durations were lowered and that the red light ticket cameras increased the number of accidents

3/18/12

Man working on car in Kansas City Kansas killed in accident

A Kansas City, KS man died when the vehicle he was working on fell on him, crushing him before help could arrive. The accident occurred Tuesday in the 2400 block of N. 22nd Street. Kansas City, KS police department detectives are investigating the apparent accident to determine how it occurred, police said.

Kansas City, KS police identified the man as Troy D. Blake, 39.

3/12/12

BMW agrees to a $3million fine for untimely reporting of 2010 vehicle recalls

Federal law requires manufactures to report safety defects or noncompliance with safety regulations

Federal law requires all auto manufacturers to notify NHTSA within five business days of determining that a safety defect or noncompliance exists and to promptly conduct a recall. NHTSAs examination of 16 BMW recalls issued in 2010 found evidence of a number of instances where the automaker failed to report safety defects to the agency in accordance with federal law.

As part of a settlement, BMW of North America, LLC and its parent company Bayerische Motoren Werke AG agreed to make internal changes to its recall decision-making process to ensure timely reporting to consumers and the federal government in the future.

Compliance with consumer safety laws is crucial in protecting drivers and their passengers from dangerous safety defects which can either cause an auto accident or make the risk of injury or death in an accident much more likley.

The agreement:

14. The parties to this Agreement have the legal authority to enter into this Agreement and each party has authorized the undersigned to execute the Agreement on its own behalf.

3/10/12

Overland Park police traffic enforcement effort statistics

On Thursday, February 23rd and on Wednesday February 29th, 2012, Overland Park Traffic Safety Officers conducted High Visibility Traffic Enforcement at two different locations. Here are the results:

February 23rd - I-435 Highway Quivira to Antioch Rd.

72 - Traffic Violations
1 - Warrant Arrest
63 - Vehicles Stopped

February 29th - US69 Highway from W. 119th St. to W. 87th St.

29 citations, including 22 speeding tickets, were written by four Overland Park officers during a two hour time period.

22 - Speeding
1 - Adult Seat Belt
4 - Insurance
1 - Red Lght
1 - Driving While Suspended
2 - Driver Awareness Warnings
1 - Drug Arrest - Marijuana
29 - Total Traffic Tickets
26 - Vehicles Stopped

Overland Park police officers will continue to step up their enforcement activities in these areas, especially with the upcoming construction taking place along I-435 and Quivira Rd.

3/8/12

Kansas City area woman dies in Cass County, Missouri highway crossover crash

An 88-year-old Pleasant Hill, Missouri woman died in a crossover crash in Cass County on Tuesday afternoon, the Missouri Highway Patrol said.

The Highway Patrol said Flora M. Bruns was traveling southbound on Highway 291 near 171st Street about 3 p.m. when her 2005 Mercury crossed into the northbound lanes, hitting a 2007 Mitsubishi.The Mitsubishi flipped over.

Troopers did not release the condition of the 40-year-old Lee's Summit man driving that car, but it appears that he was seriously injured in the highway collision.

Accidents in Kanas and Missouri similar to this one are often due to elderly drivers who may have medical issues or other problems which prevent them from driving safely.

3/1/12

2/26/12

Teenage auto accident fatalities rose during the first half of 2012

The trend would reverse 8 years of declines in teenage auto collision deaths

The death toll for teenage drivers increased in the first six months of last year, according to a new report. If the trend persisted in the second half of 2011, it would mark the end of eight consecutive years of declining fatalities among 16- and 17-year-old drivers.

The number of teenage drivers who died in crashes increased by 11 percent in the first half of 2011 compared with the same period a year earlier, according to the report released Thursday by the Governors Highway Safety Association, an organization representing state highway safety offices. Data for the second half of 2011 will be released in coming months.

I think its going to be a wake-up call, Dr. Allan Williams, a road safety consultant and the former chief scientist at the Insurance Institute for Highway Safety, a nonprofit group financed by the insurance industry, said in a telephone interview. Dr. Williams prepared the report released Thursday. Whats remarkable is that in the last few years, deaths in those age groups plummeted, so even a slight reverse is a matter of concern, he said.

The historical decrease in driver deaths among this age group has been pronounced. In 1995, there were 1,015 recorded deaths among 16- and 17-year-old drivers, whereas in 2010, there were 408 deaths.


According to Thursdays report, total deaths of 16- and 17-year-old drivers increased to 211 in the first half of 2011 from 190 in the period a year earlier, based on data from all 50 states and Washington, D.C. Of these states, 23 reported increases, 19 recorded decreases and eight, in addition to Washington, noted no change. Florida, Texas and North Carolina reported the highest number of deaths.

Dr. Williams said the conclusion was preliminary, but past analyses indicated more road fatalities occurred in the second half of the year than in the first half. He said he expected the reports initial findings to be an accurate predictor of teenage fatalities in 2011, once all states had issued their reports.

Contrasted with the death rate among teenage drivers, total motor vehicle deaths declined 0.9 percent during the first six months of 2011, according to projections from the National Highway Traffic Safety Administration.

Dr. Williams said the uptick in deaths among teenagers could partly be attributed to the upturn in the economy. The cost of gas and acquiring a license might have kept some teenagers off the roads during more troubled economic times, he said, but as the economy improved, more teenagers might have started to drive, which would have increased their exposure to risk.

Another possible explanation posited by Dr. Williams related to graduated driver licensing laws, the benefits of which may be leveling off. First introduced in the mid-90s, the laws have been upgraded at the state level over the years, but more could be done to improve them, according to Dr. Williams, like strengthening restrictions on the number of passengers in a vehicle, and on night driving.

Weve got a good building block, but just about every state could make improvements, he said, noting that compliance with graduated driver licensing laws also needed to improve. This is something we know that works.

Troy E. Costales, chairman of the Governors Highway Safety Association, said refocusing efforts on driver education and getting parents more involved in supervising their teenagers was also essential to reducing youth fatalities.

We need to take advantage of the moment, Mr. Costales said in an interview. He described the driver training period as a one-shot opportunity to get it right, to do it well and to make a difference. It is critical, as most people may never get that opportunity again.

2/23/12

Kansas City Missouri police investigating fatal hit-and-run accident in downtown Kansas City, MO

In a rare twist, the driver responsible for the hit-and-run was killed in a subsequent collision

A 21-year-old man died when he ran a red light and crashed into another vehicle in downtown Kansas City over the weekend. Police said the man, identified Sunday as Leon D. Grant, died after he made a pair of U-turns and sped away from the first of two collisions.

The driver of the BMW that Grant hit in the second collision suffered serious injuries, and a passenger in that car suffered minor injuries. Both were taken to hospitals. The crashes occurred Saturday night just before midnight.

Police said Grant had been headed south on Grand Boulevard when he made a U-turn at East Pershing Road to go north. Just north of Pershing, his vehicle collided with an SUV when he turned in front of it during another U-turn just north of Pershing. Police said Grant sped away north on Grand. An off-duty officer, who was not injured, was driving the SUV and followed while talking on the phone with police dispatchers. Police said Grant ran a red light at East 19th Street and another one at East 18th Street, where he slammed into the eastbound BMW. Grants vehicle also hit a tow truck before it spun out into a parking lot and struck a building.

Christy Wilson, who was in a vehicle behind her friends in the BMW, said she ran to check on Grant after the wreck. He was lying in the passenger seat. I said, Are you OK? Wilson said. Then he took his last breath. Wilson said she checked for a pulse and found none.

2/20/12

Lawyer's association issues recommendations for the use of expert testimony

Kansas Courts use the Frye test to determine the admissibility of expert testimony in civil or criminal cases. This test is a very low standard and differs from the Duabert test that is used in Federal Court and many state courts.

The ABA House of Delegates has approved a resolution designed to help jurors in criminal cases assess expert evidence.

Resolution 101C urges judges and lawyers to consider several factors in determining how expert evidence should be presented to juries and how jurors should be instructed. The resolution lists seven factors, including:

Whether experts can identify and explain the theoretical and factual basis for any opinion given in their testimony and the reasoning upon which the opinion is based.

Whether experts use clear and consistent terminology in presenting their opinions.

Whether experts explain the reliability of evidence and fairly address problems with evidence including relevant evidence of laboratory error, contamination, or sample mishandling.

A 2009 report by the National Academy of Sciences noted several problems with the presentation of expert testimony. The National Academy raised concerns about the use of terms such as match, consistent with and identical, and said such terms should be defined and standardized. Another problem noted by the Academy is that some forensic practitioners claim their methodologies have perfect accuracy.

The Criminal Justice Section sponsored the resolution. According to a report accompanying the resolution, In any complex case involving contested forensic science issues or case where the contested forensic science issues are difficult to comprehend, the parties and the court should be encouraged to find innovative solutions to facilitate jury understanding, such as accommodations in the trial structure to permit expert witnesses from both sides to testify sequentially or permitting jurors to actively participate in questioning the expert witnesses.

More info is available from the American Bar Association

2/9/12

Bus crashes Into press conference

Driver was apparently agry that folks were blocking the road and almost ran pedestrians over

A bus driver hit a news van in the middle of a press conference in Cincinnati last Friday. I guess no one was going to buy the headline "Reckless Press Conference Comes Out Of Nowhere And Crashes Into A Bus."
At least nobody at the press conference was injured

More footage is here

2/5/12

March is National "Distracted Driving Awareness Month"

New effort is focused on "put it down"

According to NHTSA, distracted driving is a deadly epidemic that claimed 5,474 lives and led to 448,000 injuries in 2009, a decline of 6 percent from the previous year. Research shows that high visibility enforcement works because, with many distracted drivers, the fear of a citation and significant fine outweighs their fear of being injured or killed in a crash.

My Kansas City area plaintiff's law firm has seen the lasting effects of distracted driving and the life-long impacts it can have on those who are injured by distracted drivers. We have or are representing people involved in the following distracted driving related accidents:

1. A woman hit by a suspected drunk driver after she had exited a bus in Lawrence, Kansas. She was sent flying through the air and landed on her face, head, and shoulder. She is very fortunate she was not killed, but she must now live with what are likely life-long injuries.

2. A couple hospitalized when their car was T-boned (hit broadside) in an Overland Park intersection by a driver who drove through a red light without even stopping. Both the passenger and driver in the car had to be rushed to the hospital and will have to deal with their injuries and disabilities for the remainder of thier lives.

3. A Kansas City man who was injured in a multi-rollover accident in a Kansas City, Missouri intersection when the other driver pulled out directly in front of him, despite light traffic and excellent visibility. Our law firm's client now has what may be permanent back and neck injuries.

2/3/12

Woman fight Honda in court over MPG claims - and WINS!

Woman sued based on manufacturer's representations which she argued were not backed up by real world data

Heather Peters was successful in her small claims case against Honda, in which she alleged that the car wasn't getting anywhere near the 50 MPG she says the company advertised her car would get. Although Honda only has to pay her $9,687 for this particular ruling, Peters has essentially laid the groundwork for other owners to make similar claims that could ultimately cost the company an enormous amount of money.

When Civic Hybrid owners realized that they weren't getting the promised fuel economy they started a class action lawsuit that Honda eventually settled for what came out to be about $100 per owner plus rebates. Peters refused the settlement and instead filed a claim in Los Angeles County Small Claims Court.

She also launched the website DontSettleWithHonda.org, which shows owners how to opt-out of the settlement and file a claim in small claims court. Unlike a class-action lawsuit, small claims court usually allows an individual to file a complaint without having to hire an attorney. In the case of L.A. County, for instance, even Honda wasn't allowed to use a lawyer in court.

"I am absolutely thrilled at the reports that I won, even though I won't see the actual judgment until it comes in the mail," Peters said in a statement to Jalopnik. "It's a victory for Civic Hybrid owners everywhere! Sometimes big justice comes in small packages."

Peters was just shy of the $10,000 maximum award, which should give the people at Honda a lot to worry about if people heed her advice.

Honda spokespeople, in response, said in a statement today that "we disagree with the judgment rendered in this case, and we plan to appeal the decision.

1/31/12

Are billboards as dangerous to drivers as cell phone talkers/texters in terms of distracted driving and car crashes?

Distracted drivers have been compared to drunk drivers in terms of the danger they present to other drivers - is it possible that billboards produce an effect similar to texting/talking on a cell phone?

"Distracted driving" is a hot topic among auto accident personal injury lawyers in Kansas City, and among the public as a whole. Studies have consistantly shown that distracted drivers are a danger to other motorists and account for tens or hundreds of thousands of traffic accident and the accompanying hospitalizations, injuries, and deaths.

Distracted driving comes in many forms, the most talked about are certainly texting while driving and talking on a cell phone while driving. Studies have repeatedly shown that texting and cell phone talking drivers can be as dangerous to others as drivers whose BAC is .08.

Other forms of distracted driving include watching movies on DVD players, turning around to check on kids, shaving, applying makeup, or any other actions which takes a driver's focus off of the road.

Story from The Globe and Mail:

The world is worried about distracted driving. Laws exist to stop you texting behind the wheel. Police are on the lookout for motorists surfing the web while they drive. Talking on the phone, drinking a coffee, texting and typing, all divert the eyes from the road and all must be stopped. Experts and everymen agree: driving distractions are a menace.

Unless, of course, youre a big company looking to sell something. Then all you have to do is throw down some cash and get yourself a billboard (preferably digital) alongside a busy highway. Then its distract away.

Dont get me wrong. I dont have a problem with this practice. I like billboards. They show me large bright, cheerful images of things I covet.

On my drive to work, I see billboards featuring women in bikinis on beaches, beer, Cuba, casinos, Rihanna, the Dominican Republic, commercial-free rock, cheap airline tickets, clips from television shows and even inspiring slogans (The future belongs to those who believe in the beauty of their dreams.). There are also billboards that suggest I purchase items I am not as excited about: car insurance, tax lawyers, medieval entertainment.

Sometimes it seems as if the billboards are located in an order that plants thoughts, creates need, and then provides a product as solution.

If my iPhone sent me pictures of women in bikinis and then erectile dysfunction ads and I looked at them while driving then a cop could give me a ticket and fine me. But its okay for a billboard to have me look at this stuff, without my permission, using what I assume is public air space, because people with tons of money gave some of that money to other people with tons of money so that they can show people like me pictures that get me to spend money so they can continue to make tons of money. Its simple.

Some people dont share my love for billboards (especially digital ones).

Digital billboards hold your attention for much longer periods of time. In Denver, the municipal government has banned digital billboards. They are also banned in Maine, Alaska, Hawaii and Vermont. Last year, city politicians in Montreals Plateau-Mont Royal borough declared a ban on billboards. They are being sued by advertisers who maintain the ban is a violation of free speech.

Billboard critics should all just crack a beer, go gambling, buy some underwear, pop a Cialis and relax. Theres nothing to worry about.

A 2007 study conducted by the Virginia Tech Transportation Institute (paid for by the Foundation for Outdoor Advertising Research and Education) found no evidence of a connection between digital billboards and traffic accidents. Yet a recent review of studies by the American Association of State Highway and Transportation Officials found that digital billboards attract drivers eyes away from the road for extended, demonstrably unsafe periods of time. Frankly, Im surprised that theyre surprised. Billboards are the only form of driving distraction that are designed and intended to distract. If they didnt catch our attention then they wouldnt be there.

So, if we admit they are a tad diverting, maybe there is an upside.

It may be that these signs are doing a service. By stimulating us they may stop us from getting lazy while driving. Maybe the adrenal rush one gets from seeing an advertisement for car insurance, Cuba or Victorias Secret Christmas special makes us more alert and attentive drivers.

In other words, large colourful billboards showing beautiful people doing exotic and erotic things serve a purpose. They wake us up and get us to buy products, thus stimulating the economy and ending the recession. Do you want us to be in a recession? Then stop complaining and start listening to the billboards.

I do, however, have a problem with street-level bus shelter advertisements.

They are distracting and they block your eye sight. Its from behind these signs that jaywalking pedestrians can appear. Dangerous. Also, they arent bigger than life and therefore dont have the same effect on my consciousness that enormous flashing digital billboards do.

Beauty, they say, is in the eye of the beholder. Dont look at roadside billboards as calculated distractions designed to spur base consumerist impulses. Instead, see the thousands of billboards that line our streets and highways as a dreamy constellation of delights designed to titillate your weary mind as you commute.

After all, without them you might forget the reason you spend hours in traffic to work at a job you hate so you can earn money to buy stuff you dont need.

1/17/12

Learn some of the basics of Kansas personal injury and wrongful death cases:

Statutes of Limitations for Kansas personal injury and wrongful death cases:

Statutes of limitations are extremely important to consider in any personal injury or wrongful death case in Missouri or Kansas. If a statute of limitations is missed, then the claim is forever barred. Keep in mind that the information in this post (or on any part of this website) should not be construed as legal advice, so you need to speak to a lawyer about the statutes of limitations and laws applicable to your case or potential claim.

Kansas statutes of limitations applicable to personal injury & wrongful death claims:

In Kansas, a personal injury or wrongful death lawsuit must usually be brought within two years after the fact of injury becomes reasonably ascertainable to the injured person, but in no event more than four years after the act giving rise to the cause of action. Kan. Stat. Ann. 60-513(a)(7) and (c).

If a claimant is incompetent (due to minority, incapacity, or imprisonment) he may bring an action within one year from the date the disability is removed, but no action may be brought more than eight years after the act giving rise to the cause of action. Kan. Stat. Ann. 60-515.

The statute of limitations for wrongful death is also two years. Kan. Stat. Ann. 60-513(5). If the cause of death is medical malpractice, however, the two years still begins to run at the date of injury or discovery, which in some cases may be prior to the date of death. Crockett v. Medicalodges, Inc., 247 Kan. 433, 799 P.2d 1022 (1990); Kelley v. Barnett, 23 Kan. App. 2d 564, 932 P.2d 471 (1997).

Contributory or comparative negligence in Kansas personal injury and wrongful death cases, aka comparative fault:

Kansas has adopted the doctrine of modified comparative negligence. Kan. Stat. Ann. 60-258a. Under this doctrine, a claimant's action is barred if his negligence is equal to or greater than the combined negligence of all defendants. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence. Id.

In a typical auto accident, comparative fault can come into play if the Plaintiff was also found to be negligently driving. In terms of a medical malpractice case in Kansas, a patient's failure to follow a physician's instructions may be considered as a form of comparative negligence. Cox v. Lesko, 263 Kan. 805, 953 P.2d 1033 (1998).

The jury is actually given a verdict form where they will first list the damages they think Plaintiff suffered and then they will list the percentage of fault to be applied to each party.

Joint and several liability has been abolished by statute. Kan. Stat. Ann. 60-258a(d) (1994) due to the rise of comparative fault and other doctrines. In Kansas, each joint tortfeasor is liable only for the portion of total damages that is equal to the proportion that his causal negligence bears to that of all the parties against whom recovery is allowed.

Contribution in Kansas wrongful death and serious injury actions:

Kansas observes what is called the "one-action rule," which says that all parties must have their fault determined in a single trial. Albertson v. Volkswagenwerk Aktiengesellschaft, 230 Kan. 368, 634 P.2d 1127 (1981).

A defendant can join any other party he thinks may be liable. Kan. Stat. Ann. 60-258a(c). With allocated several liability, no tortfeasor is liable for the fault of others, so "the equitable need for contribution vanished," and the Kansas Supreme Court abolished it. Teepak, Inc. v. Learned, 237 Kan. 320, 326, 699 P.2d 35, 40 (1985).

Vicarious Liability

Kan. Stat. Ann. 65-442(b) bars medical malpractice claims against a licensed medical care facility based on professional services performed within the facility by a licensed physician if the physician is not an employee or agent of the facility. Kan. Stat. Ann. 40-3403(h), which was held to be constitutional in Blair v. Peck, 248 Kan. 824, 811 P.2d 1176 (1991), bars vicarious liability between two medical care providers, both of which are covered under the Health Care Stabilization Fund. (See discussion of this fund below in Patient Compensation Funds and Physician Insurance.) Pursuant to these sections, the Supreme Court has rejected claims based on ostensible agency and corporate liability for negligent credentialing. Lemuz v. Fieser, 261 Kan. 936, 933 P.2d 134 (1997); McVay v. Rich, 255 Kan. 371, 874 P.2d 641 (1994). However, a physician can still be held directly liable for his own negligence in supervising the work of another, if he has a duty to do so. Glassman v. Costello, 267 Kan. 509, 986 P.2d 1050 (1999).

Expert testimony requirements in Kansas personal injury and wrongful death lawsuits:

Expert witnesses may be required by the Court to give testimony in matters outside the common knowledge of jurors, including medical expenses, injuries, and future complications. As such, a good Kansas personal injury law firm will utilize expert witnesses in almost every personal injury or wrongful death case, including auto accident injury cases, work injury cases, product liability injury cases, and other negligence cases.

The Kansas rule on expert testimony is:

If the witness is testifying as an expert, testimony of the witness in the form of opinions or inferences is limited to such opinions as the judge finds are (1) based on facts or data perceived by or personally known or made known to the witness at the hearing and (2) within the scope of the special knowledge, skill, experience or training possessed by the witness (K.S.A. 60-456. Testimony in form of opinion)

In medical malpractice claims, expert medical testimony is required to establish negligence unless the absence of reasonable care is so obvious and the results are so bad as to be apparent to and within the common knowledge and experience of mankind generally. Hare v. Wendler, 263 Kan. 434, 949 P.2d 1141 (1997). In Kansas medical malpractice cases, no person may qualify as an expert to testify with respect to the standard of care in a medical malpractice action, unless 50 percent of the person's professional time over the two years preceding the subject incident was devoted to clinical practice. Kan. Stat. Ann. 60-3412. The statute does not require that the expert witness practice in the same medical specialty as the defendant. Glassman v. Costello, 267 Kan. 509, 986 P.2d 1050 (1999).

Kansas recognizes a common knowledge, or res ipsa loquitur, exception to the general rule requiring expert testimony. The Supreme Court has stated, This rule [requiring expert testimony] is not to be considered as a judicial determination that the members of the medical profession have a monopoly on common sense, and is limited only to those matters clearly within the domain of medical science. The common knowledge exception has also been held to establish a prima facie case of negligence on the part of hospitals. Karrigan v. Nazareth, 212 Kan. 44, 510 P.2d 190 (1973) (nurse failed to call doctor for a patient in severe pain).

Statutory damage caps applicable to Kansas serious injury and wrongful death claims:

Kansas personal injury and wrongful death lawyers have long complained about the damage caps in Kansas. These caps serve to take power away from jurors which has always been a fundamental right in the United States. Instead the power is taken by legislators influenced by business interests who don't want to be responsible for the true effects of their actions. Fortunately, these damage caps are currently under review by the Kansas Supreme Court and we expect them to be reversed or revised in some manner.

Personal injury damage caps (pain and suffering/non-economic damages)

In any personal injury action, non-economic damages are limited to a total of $250,000 per plaintiff as against all defendants. The worst part of this statute, however is that it specifies that the jury should not be told about this limitation, and if it awards non-economic damages in excess of the limit, the judge should enter an award of $250,000. Kan. Stat. Ann. 60-19a02. This means that in many Johnson County or Wyandotte County personal injury cases, the Plaintiff's attorney can secure a just verdict which is then reduced by the Court, enraging the jury.

The cap does not care if you were paralyzed, your non-economic damgages are limited to $250,000. The Kansas damage caps do not care if you were horribly burned and scarred, facing years of extremely painful skin grafts and recovery and horrible scarring to your body, your non-economic damages are limited to $250,000.

Even worse, this statute has been interpreted by the Kansas Court of Appeals to mean that separate claims brought within a single action should be aggregated under the cap, not treated separately. Hoover v. Innovative Health of Kansas, Inc., 26 Kan. App. 2d 447, 988 P.2d 287 (1999).

Kansas wrongful death damage caps

In wrongful death actions, damages are limited to $250,000, except for pecuniary loss sustained by an heir at law. Kan. Stat. Ann. 60-1903 (Supp. 2001). Both 60-19a02 and 60-1903 have been upheld as constitutional. Samsel v. Wheeler Transport Services, Inc., 246 Kan. 336, 789 P. 2d 541 (1990); Leiker v. Gafford, 245 Kan. 325, 778 P.2d 823 (1989).

A statute that created an absolute cap in medical malpractice actions, rather than a cap on non-pecuniary damages only, was found to be unconstitutional in Kansas Malpractice Victims Coalition v. Bell, 243 Kan. 333, 757 P.2d 251 (1988).

In any civil action, punitive damages are limited to the lesser of the defendant's highest gross income for the prior five years or $5,000,000. If the profitability of the misconduct exceeded this, the court may award one and one half times the profit instead. Kan. Stat. Ann. 60-3702 (1994). The judge, not the jury, determines the amount of punitive damages. Id. Punitive damages are not available in a wrongful death case. Smith v. Printup, 262 Kan. 587, 938 P.2d 1261 (1997) (also holding statute constitutional).

Statutory Cap on Attorneys' Fees

There is no Kansas statute establishing a maximum amount for attorneys' fees in medical malpractice actions, although there is one that requires judicial approval and provides some non-numeric guidelines for determining reasonableness. Kan. Stat. Ann. 7-121b (2001). "This statute is not a matter of common knowledge to members of the Bar or the courts, much less to jurors. It appears that it has been ignored." Walters v. Hitchcock, 237 Kan. 31, 44-45, 697 P.2d 847, 857 (1985) (Schroeder, C.J., dissenting) (emphasis omitted).

Periodic Payments

Kansas does not mandate the periodic payment of medical malpractice judgments, but it give judges the power to require that damages be paid in installments, in whole or in part. Kan. Stat. Ann. 60-2609(a) (1994). This has not been cited in a reported case and is presumably seldom used.

Collateral Source Rule

Kansas follows the collateral source rule, under which benefits received by the plaintiff from a source independent of the wrongdoer, like insurance, do not diminish damages. Farley v. Engelken, 241 Kan. 663, 740 P.2d 1058 (1987) (holding a former statute modifying the rule in malpractice cases to be unconstitutional). Although Kansas has a statute on the books permitting collateral benefits to be deducted from judgments that exceed $150,000, Kan. Stat. Ann. 60-3801 to 60-3807 (1994), it has been held to be unconstitutional. Thompson v. KFB Insurance Co., 252 Kan. 1010, 850 P.2d 773 (1993).

Pre-Judgment Interest

Generally, pre-judgment interest is not awarded on unliquidated claims, although it is permitted in a judge's discretion. Kansas Baptist Convention v. Mesa Operating Limited Partnership, 258 Kan. 226, 898 P.2d 1131 (1995).

Patient Compensation Funds and Physician Insurance

Kansas requires all health care providers to carry liability insurance with limits of at least $200,000 per claim and $600,000 in the annual aggregate. Kan. Stat. Ann. 40-3402 (2000). Larger health care providers who qualify can self-insure. Kan. Stat. Ann. 40-3414 (Supp. 2001).

In addition, Kansas has established a Health Care Stabilization Fund, which provides coverage to health care providers excess of their required primary limits. The following options are available: (a) $100,000 per claim and $300,000 in the annual aggregate, (b) $300,000 per claim and $900,000 in the annual aggregate, or (c) $800,000 per claim and $2,400,000 in the annual aggregate. Kan. Stat. Ann. 40-3403 (Supp. 2001). The fund purports to be excess over any additional insurance that would be applicable in the absence of the fund and the coverage it provides. Kan. Stat. Ann. $ 40-3408 (2000). It is not responsible for punitive damages or for failure to settle a case within its limits. Kan. Stat. Ann. $ 40-3412 (2000).

Immunities

Pursuant to statute, Kansas and its political subdivisions are subject to liability in tort up to $500,000 per occurrence, but are exempt from punitive damages and pre-judgment interest. Kan. Stat. Ann. 75-6105 (1997). Claims against governmental health care providers other than charitable hospitals and hospitals owned by political subdivisions are exempted from the act's provisions. Kan. Stat. Ann. 75-6115 (1997). Therefore, claims against most state-owned hospitals are treated no differently than those against private health care providers. Id. The purchase of insurance generally waives the statutory protection to the extent of the policy limits. Kan. Stat. Ann. 75-6111 (1997). Kansas State Bank & Trust v. Specialized Transportation Services, Inc., 249 Kan. 348, 819 P.2d 587 (1991).

Arbitration

Upon the request of any party in a medical malpractice action, or on the judge's own motion, the action must be submitted to a medical screening panel made up of three health care providers and a non-voting lawyer. Kan. Stat. Ann. 65-4901 (1992). The panel's written report is admissible at trial and any party may call members of the panel as witnesses with respect to the issues at trial. Kan. Stat. Ann. 65-4904 (1992). In addition, in medical malpractice cases the court must hold a settlement conference not more than 30 days before trial attended by trial lawyers for each side and all persons with settlement authority. Kan. Stat. Ann. 60-3413 (1994).

1/13/12

Columbia man injured and hospitalized after being hit by TWO vehicles, including an 18-wheeler

The man had crashed into a snow plow before being hit by the two vehicles

A Columbia driver is in the hospital in critical condition after being hit TWICE after being involved in a collision with a snow plow. The man initially crashed head-on into the snow plow on Missouri highway 62 early Thursday morning in Boone County.

Missouri Highway Patrol Troopers said that the man was then hit by a car while walking on the highway. A few minutes later, he was hit by an 18-wheeler which led to extremely serious injuries.

1/6/12

Study shows that red light cameras offer no benefit or reduction in traffic crashes

New Mexico study shows that auto accidents are not reduced by red light cameras

Red light camera sound like a good idea - after all who likes drivers running red lights? To be sure, running a red light can lead to extremely serious auto accidents because they are often high speed crashes and involve "right-angle" collisions which often lead to serious and permanent injuries or death. Red light cameras, however, do not seem to offer a benefit to this problem because they increase rear end collisions as drivers brake unnaturally at those intersections.

There are also very serious due process concerns as these cameras issue red light tickets with no human witness. These red light tickets can lead to huge increases in insurance premiums and suspended driver's licences which then lead to hosts of other problems for drivers.

The city of Las Cruces, New Mexico commissioned a local university last year to come up with a report justifying the use of red light cameras in the community. After examining city-supplied data New Mexico State University (NMSU) researchers stretched to find something positive to say in a study released Tuesday.

"The trend analysis of the signalized intersections shows a reduction in the crash rates at certain intersections for certain accident types," Professors Hansuk Sohn and Paola Bandini concluded. "Even though the findings from the crash data are encouraging, not all the results from the trend analysis are supported by the statistical analysis."

Las Cruces began using automated ticketing machines at four intersections in 2009, although the state government ordered two of these shut down last March. The study compared the performance of the camera locations with six control intersections selected by the city that had no cameras.

Overall, the study found a decrease in accidents at two camera intersections, an increase at one and no change at the fourth. This compares to the control intersections where there were three decreases, two increases and one without any change. None of these changes, however, were large enough to carry definitive scientific weight. The researchers focused on the single intersection with the most positive result.

"Crash rate reductions at the LOTE intersection [Lohman Avenue and Telshor Boulevard] are statistically almost significant (or marginally significant) after the STOP operation," the report stated. "There are no significant changes in crash rates at all other intersections including control intersections."

The city council has been searching for a justification to continue with the automated ticketing program which was expected to yield $5 million in revenue last year. City leaders showed no concern about early signs that the program failed to live up to its promise of accident reduction. In November 2010, the council voted to continue the program despite overall negative collision data at the time. NMSU recommended further study be done, taking into account the number of tickets issued using data from Redflex Traffic Systems, the Australian company in charge of the program.

A copy of the study is available HERE thanks to The Newspaper

1/4/12

Top 10 winter preparations (in no particular order) for your vehicle on Kansas and Missouri roads

Contrary to popular belief, 4wd SUVs are often NOT the best snow/ice vehicles due to their higher center of gravity and higher weights.

10.) Select A Snow-Worthy Vehicle

Why it's important for safe driving in Kansas and Missouri: The right vehicle will make driving in the snow/ice MUCH easier and safer than the wrong vehicle.

Driving involves 3 basic functions, accelerating, turning, and stopping. Turning and stopping are the most important aspects of snow and ice driving in Kansas and Missouri. Acceleration is certainly important to snow/ice driving, but if you cannot stop or turn effectively, the ability to accelerate simply reverts to the ability to get into an accident.

Four-wheel-drive is often seen on trucks and sport utility vehicles. 4WD will help with acceleration and a bit with turning, but it does NOT help with braking.

All-wheel-drive is usually seen on cars and "crossover" SUVs. AWD is very helpful with acceleration and also very helpful with turning, but it cannot help with braking.

Rear-wheel-drive vehicles include SUVs, pickup trucks, and performance cars. RWD is usually considered inferior in the snow because there is not much weight on the driving wheels and the steering wheels are not powering the vehicle. Front wheel drive cars can be very good snow performers because the weight of the vehicle is over the wheels and the car is being pulled rather than pushed.

To conclude, all-wheel-drive cars and wagons are best in the snow/ice, followed by FWD cars/wagons, then 4WD/AWD trucks and SUVs, then RWD vehicles.

All things being equal, vehicles that weigh less and have a lower center of gravity will outperform vehicles weighing more and having a higer center of gravity. This means that cars and wagons will outperform similarly equipped trucks and sport utility vehicles.

Weight is bad in the snow and ice because it makes it harder to stop and turn because there is more mass to control on the slippery road surface. A good way to imagine this is to picture yourself running at full speed and then stopping. Now picture yourself doing that same thing with a backpack full of rocks. Clearly the extra weight will make it difficult to stop and change directions. Trucks and SUVs can weight twice as much as cars or wagons, making them MUCH more difficult to control in poor traction conditions.

Similarly, a high center of gravity, customary to trucks and SUVs, is not preferred in the snow and ice. A good way to picture this is to take the rock filled backpack from the last paragraph and imagine yourself running while holding that backpack over your head. It would be extremely tough to turn and stop efficiently. Trucks and SUVs have higher ground clearances and are taller than cars and wagons, so they will naturally be tougher to stop and turn in snow and ice.

9.) Keep gloves in your glovebox
Why it's important for safe driving in Kansas and Missouri: Winter driving often involves outdoor activites, such as scraping ice from the windows, pushing someone (or yourself) out of a ditch or drift, or changing a tire. You do NOT want to do these things without gloves. As an added bonus, a cold steering while and/or shifter is a lot easier to use if your hands aren't getting frostbitten whle holding it.

8.) Pack a survival kit
Why it's important for safe driving: Every year you read stories about folks who end up in a ditch and are stuck there for days because falling snow makes it difficult to see thier car. Even if you're not driving on I-70 or I-35 across nowhere Kansas, you will get cold QUICKLY if your cars dies and you're sitting on the shoulder. Consequently, a small survival kit is a very worthwhile thing to keep in your car, preferably in the passenger area or reachable through the rear-seat passthrough.

Your kit should consist of at least the following: (1) gloves; (2) warm hat; (3) blanket; (4) water; (5) non-spoiling food; (6) flashlight with fresh batteries; (7) food; and (8) a small shovel. Another great item to have is an old cell phone that uses a provider different than the phone you normally carry in your pocket. Even without a service plan, any cell phone will still dial 911.

7.) Put your ice scraper back in the car
Why it's important for safe driving in Kansas and Missouri: If you can't see, you are probably going to hit something/someone or end up in the ditch. I've tried using a credit card to scrape a window and it sucks and will also screw up your credit card.

6.) Install new wiper blades and add ice melt to your washer fluid
Why it's important for safe driving in Missouri and Kansas: A good ice melt mixture in your washer resivior is helpful for two reasons. First, it will not freeze as easily as normal washer fluid. Second it will melt the ice that is building up or is already on your window.

You can get ice melt as an additive to add to your resivior or you can buy fluid that is already mixed. Clearly, the more ice melt you get in there, the better, so I recommend filling up with ice melt and then adding a full bottle of ice melt additive. This mixture will eliminate the need to scrape on many occasions - just spray the windows liberally for about 30 seconds while you let the car idle and then go.

All the washer fluid in the world won't do much if your wipers aren't pressing against the windshield correctly. If you've been driving through the rain this year and thinking, Yeah, I probably should get new wipers sometime soon, DO IT NOW. They're cheap and simple to install. If you don't want to install them yourself, most parts stores will do so for you.

5.) Check your antifreeze level and mixture
Why it's important for safe driving: Having the right quantity and dilution of antifreeze running through your engine can mean the difference between driving to work and planning an unanticipated engine swap when everything freezes and expands. It's also important for your motor's long-term health regardless of season.

If you're doing a fluid change, be careful when disposing of antifreeze; ethylene glycol is extremely poisonous, and its sweet smell and taste can be attractive to household pets. You don't want your dog or a neighbors to get into it because even a sip or two can be deadly.

4.) Do a full round of maintenance and a thorough inspection
Why it's important for safe driving in Kansas and Missouri: A good round of maintenance will include: (1) checking your battery; (2) checking fluids; (3) brakes; (4) belts/hoses; and most importantly (5) TIRES!

If your battery sucks, you're going to get stranded when it gets cold. Batteries perform poorly when cold, regardless of condition, this is why batteries are rated in "cranking amps" and "cold cranking amps." What this means is that a battery which was just fine when it was warm may strand you when it is cold. Most parts stores can test the condition of your battery, if it is suspect, replace it now or learn the hard way.

Low fluid levels will cause problems in extreme temperatures that aren't present in normal temperatures, because fuilds become thicker and flow less efficiently when cold. Power steering pumps will groan if the fluid is low, transmissions will hesitate to shift, and your engine oil will take longer to flow an lubricate. The result is that low fluid levels or poor fluid quality can greatly increase the wear on parts causing premature failure. A bottle of power steering fluid is $6, a power steering pump may cost you $1600.

Poor brakes can turn a slippery drive into a collision with another car or a tow out of the ditch. Worn or poorly adjusted brakes can cause your car to brake poorly, the effects of which are magnified on poor traction surfaces. You should never, EVER, drive with bad brakes, so get them checked and fixed.

Many folks, including myself, will advise against going to "national" chains for brake service because they have a lot of pressure to "cram" extra or unnecessary services into the bill. Find a mechanic you or a friend trusts. This person can check your belts and hoses as well.

3.) Mount good tires or, even better, snow tires
Why it's important for safe driving in Kansas and Missouri: Good tires make a HUGE difference in snow/ice driving and probably represent the biggest improvement you can make for winter driving. Do NOT drive with summer tires - they are like roller skates in the snow/ice and will get you into an auto accident very quickly.

Keep in mind that a half worn tire, even though it may have 30,000 miles left on its warranty, will not perform nearly as well as a newer tire because the tread is not nearly as deep.

People in seriously snowy and cold climates swear by dedicated snow tires. They will turn okay winter cars into capable ones and make already-capable ones that much more unstoppable. It's not just about the blocky tread patterns; modern winter tires have as much science and research involved in their creation as top-shelf summer performance tires. The rubber in winter/snow tires is actually designed to "grip" cold surfaces such as ice or snow.

2.) Plan ahead

Why it's important for safe driving: Your drive in snow/ice can easily take twice as long as in normal conditions and you need to plan for that. If you're in a hurry, you're going to get frustrated and take chances you shouldn't which might lead to an accident. I usually try and go in two hours early, before traffic gets heavy, to minimize the time added to my drive and the chances of someone running into me.

1.) Practice, practice, practice before you start driving

Why it's important for safe driving: If you're going to be a good snow driver, you have to drive in snow. It is crucial to actually go out there in the slippery stuff to understand how a vehicle operates in low-grip conditions and how you must change your driving instincts (especially regarding braking distances) to adapt. Find an abondoned parking lot and take a few spins to get back into the swing of things.

1/2/12

Man injured by tree branch makes heroic effort to steer car to safety before he passes away

Tree branch was apparently launched by another car into the man's windshield

A Colorado man was able to steer the car to safety before losing consciousness after a 3 foot tree branch went through his window. His wife, who was riding in the passenger seat, told investigators that her husband was able to pull the Subaru Outback over to the roadside, saving her from any injury.

The deceased man was a theoretical physicist at the National Institute of Standards and Technology. His wife said that he had hoped to one day bicycle across America."He loved to be outside," Karen Baker-Jarvis said.

1/1/12

Kansas registers the 2nd highest jump in DUI-related fatality accidents in 2011

These statistics will likley lead to increased penalties and driving under the influence enforcment in Mission, Overland Park, Leawood, Prairie Village, and elsewhere in Johnson County, Kansas

Drunk driving defense lawyers have questioned the statistics surrounding "DUI fatality accidents for years. Often these numbers include any fatal auto accident in which the driver or passengers have been drinking ANY amount of alcohol or if there is alcohol in the vehicle. In other words, a "DUI-related fatal auto accident" would include a person who just left the grocery store with a case of been in their trunk and was t-boned and killed at an intersection.

In any case, regardless of the accuracy of the statistics, it is easy to predict that DUI-enforcment will become a hot topic in Johnson County and throughout Kansas for the next few years.

KANSAS CITY, Mo. Kansas had the second-highest jump in the number of drunken-driving fatalities in the nation in 2010, a year in which overall alcohol-related fatalities fell, according to federal data.

Statistics compiled by the National Highway Traffic Safety Administration show 168 people died in such crashes on Kansas roads in 2010, the most recent year statistics are available. That's 45 more than were killed in 2009.

The Kansas City Star (http://bit.ly/tjjDoa ) reported nearly four in 10 highway deaths in Kansas were related to alcohol, according to the federal data.

"That statistic is stunningly bad," said Kansas Rep. Pat Colloton, a Leawood Republican.

Kansas trailed only New York, which saw its number of drunken-driving deaths rise by 46 in 2010. In Missouri, there were 44 fewer drunken-driving fatalities than in 2009, which is more in line with a national trend in which 32 states saw declines.

Overall, drunken-driving deaths were down about 5 percent nationally in 2010 compared with the previous year.

Kansas lawmakers have been struggling with ways to toughen laws to deal with repeat drunken drivers. In 2009, a state report characterized Kansas' system for dealing with repeated offenders as dysfunctional.

The report found that people drive drunk repeatedly in Kansas without risk of serious punishment, and that it can be hard to track repeat violators because drunken-driving arrests or convictions are sometimes not reported, or lost or discarded.

Colloton has teamed up with state Sen. Tim Owens, an Overland Park Republican, to find ways to fix the drunk driving enforcement and punishment system. Because of their efforts, the Kansas Legislature passed a law requiring first-time DUI offenders to have ignition interlocks placed on their vehicles, making Kansas one of 14 states that make the devices mandatory for all drunken-driving offenders.

The two also helped secure funding for a central records repository where drunken-driving convictions can be tracked statewide.

That change wouldn't have affected the 2010 numbers, but Owens said the 2010 statistics illustrate the need for the changes made this year.

Research indicates the ignition interlocks, which require a driver to blow into a breath-test device connected to the vehicle's ignition system, can reduce recidivism by 67 percent. A New Mexico study found a 32 percent decline in alcohol-related injury crashes from 2002 to 2006, a period in which interlocks were installed for 35 percent of all arrested offenders.

Missouri's drop of 44 deaths in 2010 represents a decline of about 15 percent over the previous year. Overall, about one-third of Missouri's highway deaths were alcohol-related.