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Kansas City, Missouri Motor Vehicle Accidents Blog

The first 3 elements of negligence

Negligence has an important place in personal injury law as a legal theory applied in many types of cases in which an accident has occurred. Anyone who has observed or been party to a civil case involving injury, usually a car accident, can likely recall how important determining negligence is to the outcome of a case. The theory of negligence, which is the controlling theory in many civil cases, has reached even the highest court in the U.S.

There are several types of negligence used in courts across the nation. In Missouri, comparative negligence is the legal doctrine applied by courts. Comparative negligence is a more lenient theory of negligence when compared with contributory negligence, as it allows a plaintiff to collect damages even if they were partially at fault for their own injuries. In order for negligence to be established a court must evaluate the five elements of negligence against the facts of the case.

Driving while under the influence in Missouri

Motor vehicle accidents have a profound effect on society as a whole. The loss of life, damage to property and other considerations cost the nation billions of dollars every year. According to the CDC the cost of car accidents per year exceeds $99 billion, which equals about $500 a year per licensed driver. Motor vehicle accidents have a wide range of causes varying from mechanical failure to driver distraction. By far the most notorious cause of accidents are those committed by a driver under the influence of some substance most notably alcohol.

What is considered driving under the influence can vary depending on the circumstances. Most people are aware of the 0.08 percent rule that sets a per se limit that can be used to support a violation of the law. What many people do not know is that they can be ticketed or arrested as a drunk driver even if their blood alcohol limit is under the 0.08 threshold. For underage drivers, a 0.02 percent reading is enough to violate the statute.

School chooses safety over cost; adds seat belts to school buses

Buses have been around almost as long as cars, serving the ever-important function of transporting large groups of people at once. School buses transport some of the most precious cargo on the planet - children -- and have been doing so since the early 1900's. While there have been many changes and improvements to the school bus, one that has been lacking in many cities and states around the nation is seat belts.

Product liability: An overview

The United States is a consumer nation, but not every product is made with the same quality and specification. Sometimes, components of a product fail and sometimes the entire product itself does not perform as expected. These fails lead to thousands of injuries every year in the United States alone. Product liability acts as an avenue for consumers to recover damages for their injuries and a motivating tool for companies to ensure their products are safe for the public.

Since there is no federal product liability law each state has its own laws dealing with product liability. Missouri's statute allows for a suit to be brought against a company regardless of where they are situation in the chain of commerce. This applies as long as they transferred the product in the course of their business, it was used as anticipated, and the plaintiff was injured due to lack of adequate warning or a defective product.

Motorcycle rider fighting for life after street race crash

Motorized vehicles are more than just tools used to transport people and objects from one place in Kansas City to another. Many Kansas City residents have a special connection with their vehicle and have pride in their ownership. The relationship people have with their vehicles may stem from the way it looks to how fast it can reach speeds of 60 mph and beyond. This love has helped found not only customization businesses that specialize in everything from looks to performance, but also events where people show off their and their car's skills. Those who do so on streets, often illegally, are called street racers.

Kansas City, Missouri, is seeing an uptick in the number of illegal street races with a recent race ending in tragedy. While details regarding the race are still being investigated what is known is that a motorcycle collided head on with a car during an illegal street race. The motorcycle is said to have crossed the center line the resulting crash leaving its operator with life threatening injuries. The driver of the car fled the scene and has yet to be found.

Missouri behind the times in addressing distracted drivers

In the next 50 years the world is sure to change. One likely improvement will be the use of computerized automobile transportation that operates without the aid of humans. Because the vast majority of car accidents are caused by human error, implementation of such a system is likely to save thousands of lives every year. While the work on tomorrow's technology continues, there are still many way individuals and lawmakers alike can help make the streets safer to use.

Missouri is one of a few states that have not created comprehensive laws protecting drivers from distracted drivers. According to the government website, distracted driving constitutes any activity that diverts a person's attention away from the task of driving. This means that texting, putting on makeup, eating and even talking to a passenger can all create a distracted driver. Texting is considered one of the most distracting activities because it requires drivers to divert not only their eyes but their hands as well, which is why a large number of states outright ban the practice while driving.

Child killed in auto accident as car allegedly runs red light

Drivers in Kansas City know that an auto accident can happen at any time, but for most it is not a consistent worry. However, there are times when an accident will happen and the results can be severe with catastrophic injuries and even death. Car accidents can occur due to negligence, drinking and driving, ignoring traffic signals or simply because of unfortunate circumstances. In any event, the aftermath can be terrible for the injured persons and their families.

An 11-year-old boy was killed and five others were injured in an auto accident involving a Chevrolet Impala and a Chevrolet Silverado. The driver of the Impala was the boy's father's girlfriend. Also in the vehicle were the woman's own three sons, ages nine months, one and six. The crash reconstruction is ongoing, however the driver of the Impala claims that the Silverado sped up to beat a red light and caused the crash. Another witness corroborated this account. Police are investigating and it has yet to be determined whether charges will be filed.

Truck accident with semi sends pickup driver to the hospital

Drivers in Kansas City must always be vigilant for large trucks on the road. Not only are these vehicles heavy and massive, but they are sometimes driven in an unsafe manner. This can lead to a truck accident. Aggressive driving is never a good idea, but when it is done by a trucker, it places the health and lives of others in jeopardy. While these trucks are an important part of the economy, provide goods and create jobs, they still present a danger if operated recklessly.

Recently, a 28-year-old man was driving his 2001 Dodge Ram 3500 pickup truck in Kansas when he was hit by a semi truck driven by a 41-year-old man. The Ram was waiting to make a left turn when the truck, trying to pass, crashed into it. The man in the Ram was taken to the hospital with injuries as a result of the truck accident.

Two injured in Missouri T-bone crash

According to the Department of Motor Vehicles, U.S. drivers aged 16 to 19 have the highest traffic violation and crash rate, compared to any other age group. In a recent accident that took place in southeastern Missouri, an 18-year-old driver allegedly entered the path of another vehicle, causing a crash.

According to reports, the 18-year-old collided with a Chevrolet Tahoe, which caused the Tahoe to T-bone the 18-year-old's vehicle. Both parties sustained injuries; the 18-year-old suffered serious injuries and the driver of the Tahoe received moderate injuries. Both were treated at an area hospital. The driver of the Tahoe was wearing a seatbelt at the time of the car accident, but it is unknown if the 18-year-old driver was wearing a seatbelt.

Two teenagers dead after collision in intersection

A community is in mourning after a fatal car accident involving five local high school students. The wreck occurred when a 17-year-old student drove into an intersection, hitting a northbound truck. The 17-year-old driver and his 18-year-old passenger both died at the scene, while another 14-year-old passenger is being treated for serious injuries. It appears that there was no stop sign at the intersection and the cars may not have yielded to each other as required. The driver of the truck was a 15-year-old-boy who suffered critical injuries. The boy's passenger, another 15-year-old, suffered serious injuries and remains hospitalized. Police are still investigating the crash but say speed likely played a factor in the accident.

The 15-year-old driver of the truck had a farmer's permit which allows for younger individuals to drive without a parent or guardian in limited situations. However, the famer's permit did not allow him to have a minor in the car as a passenger. Even if the 15-year-old is found to not be responsible for the accident, he and, by proxy, his family could be held liable for his passenger's injuries because driving him was a violation of law.

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