There are many types of accidents:

• Rear Impact Accidents - A rear-impact auto accident occurs when one automobile strikes another auto from behind. In most cases, these accidents occur when someone is distracted and doesn’t have enough distance to stop.  The at-fault party in most cases is driver who strikes the other vehicle from behind. The NHTSA or National Highway Traffic Safety Administration statistics cite rear-end collisions account for about 30 percent of the accidents in the United States.
• Side Impact Accidents –  Side-impact accident or “t-bone” accidents are considered to be very serious accidents since there is less protection.  These accident occur when one vehicle strikes the side of another vehicle. These accidents also occur when a vehicle merges in to an occupied lane or a vehicle strikes the side of a car at an angle.  Another side-impact type of accident occurs when a vehicle strike an object such as a tree from the side. The National Highway Traffic Safety Administration statistics report that 29 percent of the accidents that occur in the United States are side-impact accidents.
• Head-on Collision Accidents - A head-on accident occurs when two vehicles strike each other from the front.  These accidents occur when two vehicles are approaching each other from opposing directions and they strike each other.  The at-fault party can be difficult to determine and may necessitate an accident investigation.    Head-on collisions occur most often at night.  This is due to drivers’  falling asleep and drunk drivers.  The National Highway Traffic Safety Administration states that only 2 percent of the total auto accidents in the U.S. are head-on accidents.
• Rollover Accidents - A rollover accident describes the type of accident when an automobile or truck rolls over.  The main cause of a roll over accident is turning too sharply.  Tall vehicles such as Jeeps, pickup trucks and sport utility vehicles are far more likely to tip over or roll-over in an accident. THe National Highway Traffic Safety Administration reports that of the total number of accidents in the United States, only about 2 percent of all accidents are rollover accidents.
• Runoff Accidents - A runoff accident is typically a one auto accident.  A runoff accident occurs when a vehicle runs off of the road.  The most common reason for this type of accident is distracted driving.  The other more common cause is swerving to avoid hitting an object in the road, or another vehicle or animals crossing the road. State governments attempt to prevent serious injuries or death in runoff accidents by constructing guard-rails on the side of the streets and in medians. The National Highway Traffic Safety Administration reports that over 16 percent of accidents in the United States are runoff accidents.

Contact a Kansas Car Accident Lawyer

Have you been injured in a car or truck accident? At the Law Office of Michael J. Joshi, I have extensive experience helping clients throughout Missouri and Kansas receive the compensation they need. If you have any questions, call me at 913-227-0100 or toll free at 877-227-8456 or e-mail my Kansas law office for a free consultation.

Case name: Craig v. VAL Energy, Inc., No. 105,949

(Kan. Ct. App. 03/16/12)

The Kansas Court of Appeals ruled that a driller was entitled to receive workers compensation benefits when he sustained injuries resulting from an auto accident when driving home from his place of work. The driller was responsible picking up and driving the crew to the oil rig site, used his privately owned vehicle, and the driller was reimbursed for vehicle mileage. The Kansas Court of Appeals ruled that the driller was injured in an accident during the course of his employment and therefore would be entitled to receive benefits.

The Kansas Court of Appeals detailed in their ruling that “inherent travel exception” to the Going and Coming Rule defines whether or not an employee assumes the duties of employment at the moment of travel to and from work. Since the driller was required by his employer to transport other company crew members and was reimbursed for mileage, the driller was “on the job” at the time of the accident.

If you have been injured in an auto accident while “on the job” you may be entitled to compensation for your injuries. You may also qualify for workers’ compensation compensation. Please call our law firm for your free initial consultation today.

The unemployment appeals hearing are usually conducted over the telephone and are conducted in accordance with Adjudicatory Rules of Practice and Procedure.   An appeals judge will moderate the proceedings to ensure that all of the important facts of the case are fairly presented.  This way the appeals judge is able to reach an impartial decision.

Your Rights At The Hearing

Both the employee (claimant) and the claimant’s past employer may:

• Be represented by a lawyer, an agent or other person who may be of assistance to the claimant
• Give and object to evidence
• Question witnesses of the opposing party and explain or rebut witness testimony

At the appeals hearing, all testimony by witnesses during the hearing will be recorded.

If you have been denied unemployment benefits and you would like to discuss your case with one of our attorneys, call us today for your free initial consultation.  We may be able to assist you in your unemployment claims appeal.

According to police, they responded to the accident scene at or around 2:30 A.M. to find the child’s body in the westbound lane.  Eye witness reports say that the boy running in the opposite direction of traffic in the westbound lanes.  Before eye witnesses could respond to safeguard the boy, the boy had already been critically injured by an automobile.

The Kansas City police said that the child’s father arrived at the scene a short time later claiming that his son had disappeared from their motel room.

If you or a loved one was injured due a pedestrian accident, you should seek the legal advice and guidance of an experienced personal injury attorney.  Call our law firm if you have questions about your claim and your legal rights.

What Causes Intersection Accidents?

Intersection accidents occur from drivers who go through yellow and red lights as well as drivers who anticipate the green light and start through the intersection before the light has completely changed to green.  Other causes of intersection accidents included such factors as distracted drivers. Distracted drivers are becoming more and more common on our roadways. Americans spend so much time inside their vehicles that they have come to think of them as a home on wheels. We eat inside our car while driving, talk on our cell phone, fiddle with the radio or GPS, talk to passengers or turn around to scold the children in the back seat. Some drivers even apply makeup or read while driving to work. Any of these behaviors are incredibly risky, and can cause all sorts of accidents as well as an intersection accident.

Fatigued drivers are also becoming more common, especially truck drivers who have been behind the wheel for an excessive number of hours.  New studies have shown that driving while exhausted is every bit as dangerous as driving under the influence of drugs or alcohol. The fatigued driver may fail to properly look both ways before traveling through the intersection.  Other causes of intersection accidents lie in the design of the intersections themselves. There may be limited visibility issues, or they may simply be poorly designed. Excessive speed can also be a factor in intersection accidents, especially when drivers speed up in order to get through the light before it turns red. Drivers who fail to properly yield the right-of-way in an intersection put other motorists at great risk. Those who have been injured in an intersection accident have found it to be an uphill battle to get compensation from insurance companies who routinely deny claims.

How to Avoid Intersection Actions

Any time a driver approaches an intersection he or she should stop at the light or stop sign and look both ways, then look again. The few seconds necessary to perform this exercise allows any approaching cars to come within your view, so look right, then left, then right and left again—it could save your life. When you are waiting at an intersection and the light turns green, take an extra second and quickly look both ways prior to proceeding. Rushing into the intersection without looking could put you directly in the path of an oncoming car who thought they could make it through the yellow light. You should also avoid changing lanes in the middle of an intersection since you will have no idea how many other drivers are making their own decisions based on your remaining in the lane you are in.

Getting Help for Your Injuries and Damages

The injuries sustained from an intersection crash can be quite serious. If you were hit from the side this is known as a broadside accident or a T-bone accident. There is little protection on the side of a vehicle—no airbag unless your vehicle is equipped with side airbags, and no space between you and the oncoming car such as you would have from a front or rear collision.

If you’ve been the victim of an intersection accident which was caused by the negligence of another, they must be held accountable for your injuries and the damages to your vehicle. A knowledgeable Kansas auto accident attorney will be able to help you recover the losses resulting from your collision such as medical expenses, therapy, lost wages, physical pain and mental trauma. Your attorney will help you understand your rights and give you an approximate figure as far as compensation which could be available to you. 

Most highway pileup accidents are cause by speeding and following too close.  In both Kansas and Missouri, there are laws aimed at reducing these dangerous types of accidents.  For example, you are required to keep a significant amount of distance between you and the car in front of you.  Tailgating or following to close to the car in front of you significantly reduces your ability to avoid a rear-end collision.  The best approach is to keep one car length between you and the vehicle in front of you for every 10 miles per hour you are driving.  For example, if you are traveling 60 MPH there should be at least 6 cars lengths of distance between you and the car in front of you.

If you or a loved one is involved in a serious auto accident due to a pileup accident, contact the Law Office of Michael J. Joshi.  Mr. Joshi has extensive experience helping clients throughout Missouri and Kansas receive the compensation they need. If you have any questions, call me at 913-227-0100 or on our toll free number at 1-877-227-8456 for a free consultation.

A Brief Overview of the Spinal Cord

The spinal cord travels from the neck down through the center of the back, ending above the top of the waist. A collection of nerve endings that transmit information between the brain and other body parts make up the spinal cord with its protection lying in rounded bones of vertebrae. All put together this is known as the spinal column. Any unexpected and traumatic shock to this area can cause fracturing or dislocation of the vertebrae causing damage to the spinal column. Spinal cord nerves are unable to regenerate once severely damaged. The degree the body will be affected by spinal cord damage depends largely on the specific area of trauma.

Loss of movement, known as paralysis, can be the end result spinal cord trauma. When an injury occurs in any of the vertebrae below the neck, a loss of feeling may occur in the portion of the body below the waist although the victim may require a ventilator in order to breathe. The body may lose its ability to properly regulate blood pressure and the temperature of the body may not remain in the normal range.  This can result in years and years of rehabilitation and the requirement of either a part-time or full-time caretaker. The degree of injury to the spinal cord is paramount; while a complete severing of the spinal cord results in total loss of function from the damaged vertebrae on down, a partial severing or less severe bruising and swelling can result in differing degrees of function and paralysis. There is currently no way to reverse spinal cord damage with rehabilitation focusing on the prevention of further injury as well as helping those with spinal cord injuries to lead as active and productive life as possible.

How Spinal Cord Injuries Affect the Future of the Injured

Spinal cord injuries have the ability to seriously affect the quality of life for the injured person. In many cases the injury is so severe that the person with the spinal cord injury can lose the ability to work and in the most serious cases even to care for oneself in an independent manner. Those with spinal cord injuries have had their lives irrevocably changed forever and must learn to live with these changes. The expenses for such injuries can be truly astronomical and many people with spinal cord injuries exceed their policy limits within the first year or so following the accident.  In addition to medical expenses and lost wages, a knowledgeable personal injury attorney may negotiate on your behalf for compensation for your pain and suffering as a result of the accident and subsequent injuries.

Should you or a loved one have suffered a spinal cord injury due to the negligence of another, you know how expensive and exhaustive treatment and recovery can be. In addition to medical expenses there may be expenses for remodeling the home as well as equipping a vehicle can be prohibitive. The medical expenses of a fully paralyzed victim can often exceed $400,000 in the first year alone. An accomplished personal injury attorney has the necessary expertise to take legal action and ensure your expenses are taken care of. Don’t wait, call an attorney today and get the help you need and deserve.

This lawsuit can be filed against any number of people in the chain of events including the designer of the flawed product, the manufacturer of the parts which make up the product, the manufacturer who assembled the product or the wholesaler or retailer. A lawsuit regarding a defective product is filed under the auspices of product liability law under one of three types of claim—design defects, manufacturing defects and marketing defects. If you have been harmed by a defective product because of instructions which did not adequately detail the proper and safe use of the product, then you may have a valid product liability claim. If you were harmed due to an inherent flaw in the design of the product, then you may have a solid product liability claim regardless of whether you used the product properly.

Whatever the grounds for your suit, your attorney must prove a definite connection between the flawed product, the injuries which resulted and the liability of the defendant based on their negligence, breach of strict liability, warranty breach or misrepresentation. Negligence refers to any actions which obviously fall beneath the expected and reasonable standards of care while misrepresentation, fraud and warranty breach concern advertising of the product or the instructions and warnings which may be misleading to consumers. Strict liability encompasses the responsibility for the damages caused by the product whether there was negligence involved or not.

Defective Automobile Products in the News

Most people have heard of the Firestone/Bridgestone defective tires as well as the propensity for certain SUV’s to rollover and cause serious injury or death. A tire separation which causes a blowout at a high speed on a freeway or highway can causes severe crashes or rollover accidents, leading to traumatic injuries or fatalities. In the early part of 2000 over 6.5 million Firestone tires in America were recalled, and later on the president of Firestone acknowledged his company had not paid enough attention of quality control in the design and manufacture of the company’s tires.

Around the same time a rash of injuries and deaths occurred in Ford Explorer’s which were blamed on a faulty design which created an unreasonable and unsafe instability issue. Most particularly in cases where there was a tire blowout, the driver was unable to control the vehicle, leading to a serious collision. Even when fitted with different tires than the presumably faulty Firestone tires, the Ford Explorer is still considered to be more dangerous than other SUV’s due to a defective design which promotes instability. Most recently Toyota has been the target of recalls due to a flawed floor mat design which causes the gas pedal to stick, leading to several fatal accidents.

If you have been the victim of a defective product which led to your automobile crash, you need serious help. Product liability cases are notoriously complex, and it is imperative you have a knowledgeable attorney advocating on your behalf in order to ensure you get the compensation you deserve for your medical expenses, lost wages and pain and suffering.

Should the oncoming vehicle be traveling at a high rate of speed when the collision occurs, the vehicle which is hit could rollover or even ricochet off other vehicles, fixed objects or even hit a pedestrian. If the vehicle is struck right in the middle, between the tires, injuries will likely be more serious than if the vehicle is struck toward the front or near the side of the trunk. While a head-on collision at high speeds is almost always deadly, a head-on collision at lower speeds actually affords the passengers inside a bit more protection than a side-impact collision.

There is little to no protection afforded the passenger sitting barely a few inches on the other side of the door once the oncoming car collides. Although side impact airbags would certainly lessen the seriousness of side-impact collisions, currently only the higher end vehicles have them. Even those vehicles with side-impact airbags cannot lessen further impact as the car continues in motion and collides with other objects since the airbag deflates almost immediately after the initial impact.

What Precipitates Side-Impact Collisions?

Most T-bone accidents occur in intersections and quite often are the result of either driver inattention or negligence or possible inadequate traffic signs. Even drivers who are safe and law abiding can find themselves victims of side-impact accidents which occur in an intersection. When the oncoming driver ignores the other driver’s right-of-way, intersection accidents are likely. This can occur when one driver runs a stop light continuing through the intersection with a total disregard for the traffic coming from the other direction—who actually have a green light and thus the right-of-way. Other times negligent drivers may fail to yield at a yield sign, or make a “sliding stop” at a red light prior to making a turn across the intersection. Drivers who are distracted by any number of issues inside their car can find themselves traveling through the intersection illegally, slamming into the side of another driver.

Injuries Resulting From a Side-Impact Collision

Most vehicles can sustain a low-speed crash, however the soft tissue of the bodies inside cannot. Most side-impact collisions whip the occupant’s head and body from side to side, and when the car has no side-impact airbags, the occupant’s head can slam into the hard glass of the door window. Head, neck and chest injuries as well as injuries to the arms and legs are common in side-impact collisions, and the victims are likely to suffer multiple cuts and bruises, from minor to serious. Head trauma of this nature can result in dizziness, blurred vision and headaches, or in some cases more serious brain trauma. The occupant in the vehicle sitting on the side which was struck will likely have the most serious level of injury. In some cases, injuries can manifest hours or even days following the accident. This can be due to the surge of adrenaline which the body releases when the car collision occurs, and this adrenaline can mask the symptoms of injury in some cases.

Getting Help Following Your Side-Impact Collision

Those who have been injured in a side-impact car collision should seek immediate medical attention. Once medical needs have been attended to, a highly experienced personal injury attorney should be consulted. You will need to discuss the merits of your particular case and determine whether you have a valid claim against the negligent party. Don’t suffer on your own—let a knowledgeable attorney work on your behalf to ensure you receive the compensation for your medical expenses, lost wages and pain and suffering which you need and deserve.

If so, you should consider filing for a Kansas unemployment insurance hearing before an administrative law judge.  This filing will protect your legal right to dispute your ineligibility resulting in a possible overturning your denial. Unemployment insurance claims will be denied for many reasons, however the most common denials occur when:

1. You fail to make a request for a hearing in a timely fashion,
2. you quit your job voluntarily without good cause,
3. you were terminated for misconduct,
4. there was an overpayment, or
5. there were false statements made.

If you have been terminated or left your job with good cause, you should call our law office today for your free initial consultation.  We can help you to determine whether or not our law firm can assist you in your unemployment hearing.  We can also review the Kansas unemployment insurance standards to determine if you do qualify for unemployment benefits and a hearing would be a good option.