Archive for June, 2009

How Automaker Bankruptcies Will Affect Injury Claims

Friday, June 26th, 2009

As a personal injury lawyer in Missouri, the Four State area, I am concerned about how the auto industry bankruptcies of Chrysler and General Motors (GM) might affect legitimate auto accident injury claims because of the companies’ bankruptcy filings.

If you look at the fact that approximately 40 million GM and Chrysler cars are driving on American roads and you consider the fact that nearly half of the claims against automakers in the last five years involved these two companies, it’s hard not to wonder what is going to happen to innocent people injured by some problem, defect or even deceit if they have no recourse against these auto giants.

PRNewsWire and other news agencies carried a story about a safety report addressing this problem under this alarming headline Study Predicts More Than 3,400 Americans Will Be Injured or Killed by Defective GM or Chrysler Cars in First Year of Post-Bankruptcy Era. The first paragraph reads “ A new report predicts that defective General Motors and Chrysler vehicles sold before the bankruptcies will continue to cause deaths and injuries long after the companies emerge as new entities. Based on data provided by both automakers to the National Highway Traffic Safety Administration (NHTSA), more than 3,400 Americans will be injured or killed by a defective Chrysler or GM vehicle during the first year of the post-bankruptcy era.

The report entitled “Public Safety at Risk: Bankruptcies Leave Legacy of Defects, Injuries and Deaths,” by Safety Research & Strategies, also forecasts fewer recalls for vehicles built by the old companies, thereby further decreasing public safety. Safety Research & Strategies, Inc.’s web site states that it provides “research, investigation, analysis, strategies, and advocacy on safety matters. With a particular specialty in motor vehicle issues . . . (they) work with clients to help them understand the history surrounding issues that cause injuries and fatalities, to resolve safety issues, and to promote safety and reduce harm. For more information about the report or Safety Research & Strategies, visit www.safetyresearch.net.

Consequences and Implications
I think we all still remember the Ford Explorer / Firestone Tire horror that caused a number of tragic wrongful deaths and disabilities that could have been prevented had either or both companies acted responsibly. Both Ford and Firestone knew there were problems and negligently allowed those vehicles to remain on the road. (Perhaps those of us in Missouri will take longer to forget because the Explorers were assembled in Hazelwood, Missouri until the plant closed in 2006.)

Justice in this matter can never be adequately served because there is no adequate compensation for the loss of life and limb and quality of life – especially in light of the manufacturers allowing the deaths and disabilities and damages to happen — but at least those affected were given monetary compensation for their losses, and the companies were forced to pay punitive damages as well.

I hesitate to think about a scenario in which the companies at fault would not or could not be held responsible. Thankfully, attorneys general from a number of U.S. states have filed an objection to prevent GM from dodging liability claims during its bankruptcy period. We will keep our readers informed as this matter proceeds.

Press Release:Aaron Sachs and Associates and Longhorn Grill sponsor car wash to benefit Deaf Awareness next Saturday, June 27.

Tuesday, June 23rd, 2009

Springfield, MO June 23, 2009 – Local Springfield attorney, Aaron Sachs have teamed up with Jill and Omar Barron, owners of the Longhorn Grill, to cut a radio commercial to benefit Deaf Awareness of Southwest Missouri. The commercial’s message states that we often take for granted our ability to hear. In fact, the hearing-impaired in our community can’t even hear the very message that invites local people to come to a benefit for their cause, to be held on Saturday. Aaron Sachs and the Barrons are both active in Deaf Awareness events in the Springfield area.
Both parties are sponsoring a car wash this coming Saturday, June 27, at the Longhorn Grill, located at Remington’s Corner, 1645 West Republic Road. Not only will local patrons be able to have vehicles cleaned, but some lucky patron will have the opportunity to take home a playhouse, to be erected in their backyard.
“Simultaneously with the car wash,” Sachs says, “there will be other charity efforts to benefit Deaf Awareness. Jill and Omar will have specials going all day in the restaurant. A portion of the proceeds from the food and drink service will also go to benefit people who have hearing impairments in our community.”
Aaron Sachs, Jill and Omar Barron have put a great deal of effort into their charity work over the years. They are hoping for great weather and a fine turnout for the car wash next Saturday, at Springfield’s Longhorn Grill.

For more information on Aaron Sachs & Associates community services, please visit their site
http://www.autoinjury.com/areas-of-practice/springfield-office.

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Attorney Aaron Sachs is the Presenting Sponsor of “I Love America” at James River Assembly.

Monday, June 22nd, 2009

Springfield, MO June 22, 2009 – The Springfield, Missouri law firm of Aaron Sachs & Associates is the presenting sponsor of the I Love America celebration, which will be held in Springfield on Friday, July 3rd. In past years, the day-long event has drawn over 80,000 people. Sachs says that “there is something there for all ages and all tastes, with over 100 free games and activities, aerial acrobatics, an air show, food, six bands, and a musically choreographed fireworks show performed by James River Choir. The ‘I Love America’ Celebration honors the founding of our nation and celebrates God’s faithfulness to America.” This is the fifth year Aaron Sachs’ firm has been a sponsor. The event is also sponsored by Empire Bank, Price Cutter, Incredible Pizza, Central Dodge, TLC Properties, KOLR 10 and Ozarks Fox.

Gates open at 11 am on Friday, July 3rd at the Springfield Underground located at Highway 65 and Division street in Springfield, Mo. This event will be the largest family event of the Summer and admission is free. Live coverage begins at 7 pm and runs until 10 pm on Direct TV channel 365, Mediacom channel 89. Coverage nationally and internationally will begin at 5 pm and go to midnight on God TV. Six Christian contemporary bands will be preforming live throughout the day and night consisting of Vicky Beeching, The Afters, Leeland, Israel and New Breed, Live Out Loud and Press Play.

The event will be of particular interest to residents of Springfield and surrounding communities including cities as far away as Joplin and Columbia. The day long festival has always attracted the largest attendance for July 4th celebrations in the Ozarks. Crowds are expected to be even larger this year since, for the first time in 27 years, the City of Springfield’s “Firefall” event, with its well-known and popular fireworks display, will not be staged due to budget cutbacks. James River Assembly is recruiting approximately 2,500 church volunteers to help staff the event.

James River Assembly is one of the largest Assembly of God churches in America. It has been exemplary as a growing fellowship, having started with only 75 members in 1991. Average weekly attendance in 2009 is running at approximately 8,100, with over 15,000 attending Easter services. James River Assembly is located in Ozark, Missouri in Christian County. Christian County’s population is predicted to increase by 120,000 over the next two decades. As a result, a second church campus known as Wilson’s Creek will be opening in Greene County on Sunday, September 20th.

The Sachs family has been associated with the Assemblies of God for generations. Aaron and his wife of 19 years, Shelly, and their children Sarah and Will attend James River Assembly. Aaron’s father, Reverend William Nelson Sachs, was formerly the District Council Superintendent for the Southern Missouri District Council of the Assemblies of God and occupied this office when James River Assembly opened its doors in 1991. Aaron’s grandfather was also an Assembly of God minister. Aaron Sachs originally established the church body as a not-for-profit corporation. The personal injury law firm of Aaron Sachs & Associates, P.C. has been involved in a variety of community service projects over the years.
For more information on Aaron Sachs & Associates and their sponsorship of “I Love America”, visit their website at http://www.autoinjury.com/community-service/i-love-america.
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$8,000 Tax Credit for First Time Homebuyers

Saturday, June 20th, 2009

Introduction: In this gloomy economy, it’s nice to get some good news. And for first time homebuyers, the good news comes in a tax credit – an $8,000 one! Attorney Aarons Sachs discusses how you can qualify for this nice chunk of change.

Question 1: With all the house bargains on the market, and now this tax credit, it sounds like a great time to buy. Who qualifies for this tax credit? How is it determined?

Answer: This tax credit is part of the American Recovery and Reinvestment Act that was signed into law by President Obama in February.

All first-time homebuyers purchasing anytime of home, including a townhouse, condominium, manufactured home (a.k.a. mobile homes), houseboat or single family detached home. A first-time buyer is defined as anyone who has not owned a principal residence during the three-year period prior to the purchase.

If married and one of the spouses has owned a house in the last three years, then the couple would not qualify. Owning a vacation or rental property in the last three years would not disqualify you.

If you’re a single or head-of-household filers you qualify if you earn less than $75,000. You can qualify for a partial credit if your income is between $75,000 and $95,000.

Married couples qualify for the full credit if they earn less than $150,000 and for the partial credit if they earn between $150,000 and $170,000.

Unmarried joint purchasers can allocate the credit amount to the party who qualifies as a first time buyer.

The tax credit is equal to 10 percent of the home’s purchase price up to a maximum of $8,000.

2) What are the effective dates for the tax credits? Is it possible to apply for the tax credit on my 2008 taxes, or just on my 2009 taxes?

Answer: You must purchase your home between January 1st and December 1st of 2009. To qualify, you must close on the sale during this period. It can’t apply to future purchases.

If you’ve filed for an extension in your 2008 taxes, you can apply for the credit on your 2008 returns. According to the National Association of Builders, if you bought your house in 2009, the law allows taxpayers to choose to treat the qualified home purchase in 2009 as if the purchase occurred on Dec. 31st 2008.

If you’ve already filed your 2008 taxes, you can still claim it by filing an amended 2008 return claiming the tax credit. You should probably consult with a tax professional regarding your amended tax return.

Otherwise, you can apply for the credit in 2010 on your 2009 tax forms. You should choose the year that yields the biggest credit amount.

Question 3: With the economy the way it is and many people out of work or struggling, what happens if they don’t actually owe $8,000 in taxes? What happens then?

Answer: Since this is a Tax Credit, as opposed to a Tax Deduction, the filer would get a check for the government for the difference. For example, if you owed $5,000 in taxes, you would pay nothing and get a $3,000 check from the government.
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A tax deduction is subtracted form the amount of income that is taxed.

Question 4: How can people claim the tax credit?

Answer: It is really easy. No need for H&R Block. You need to complete the IRS Form 5405 to determine the tax credit amount and then claim this amount on line 69 of the 1040 income tax return. No approval necessary. You will, however, want to make sure you qualify for the credit under the income limits and first-time buyer tests.

Question 5: Sounds pretty good. Are there any pay back provisions?

Answer: Yes, if the home owner sells the house within three years after the purchase. He or she must return the credit in that tax year.

Bottom line: Although there is talk about extending this credit, there are no guarantees. If you are a first time home buyer on the market for a home, be sure to take advantage of this tax credit and close on your house before Dec. 1st.

Teens Injured in Springfield Car Wreck

Wednesday, June 17th, 2009

The Springfield News-Leader recently reported that two teenagers were injured in a car accident on the afternoon of May 12th. The 16-year old driver behind the wheel of a Ford Mustang was speeding when he crossed the center line of the road and hit a tractor. Both the driver and his 16-year-old passenger were seriously injured and taken to Springfield hospitals. Neither the driver nor his passenger were wearing seat belts. Luckily neither kid was thrown from the car and killed.
As a Springfield Mo car accident attorney, I know the frequency of death and disability from car crashes where drivers and passengers are thrown from the vehicle because they were not wearing seat belts. I know the lifelong consequences of disability and the lifelong grief of families when a teenager dies in a car wreck. Reading about this accident, I couldn’t help but think of the heartbreak if either mother had lost her teenage son just two days after Mother’s Day.
Despite all the efforts we’ve made as a community and as a country, teenagers still speed when driving and still fail to remember seat belt safety. And kids and families still suffer the consequences of these actions.
Speed kills and maims and ruins lives. Driving and riding without seat belts can do the same.
I wish Springfield , Mo teenagers would get the message.

Missouri Traffic Safety

Thursday, June 11th, 2009

On June 1st — dateline Jefferson City, MO — David A. Lieb of the Associated Press wrote an article entitled Missouri Lawmakers Taking Aim at MoDOT with a sub headline that reads: Legislators, director clash over poll-based lobbying activities.
At issue is MoDOT’s director’s lobbying on the seat belt and motorcycle helmet law revisions before the Missouri State Legislature, specifically:
Senate Bill 202 which would partially repeal Missouri’s mandate that motorcyclists wear helmets. The bill would let riders age 21 and older go helmet-free on any roads except interstate highways.
House Bill 665 which would have allowed police to pull over motorists for not wearing seat belts. Under Missouri’s current law, seat belt tickets can be issued only after motorists are pulled over for some other offense.
Missouri Department of Transportation Director Pete Rahn lobbied lawmakers unsuccessfully to pass the tougher seat belt law. Now he’s urging Gov. Jay Nixon to veto the helmet legislation.
As a Missouri car accident lawyer and motorcycle accident lawyer, I am personally glad to see our Transportation Director taking a stand for increased highway safety. The horrific brain injuries I witness from motorcycle accidents when the rider wasn’t wearing a helmet and the number of devastating injuries and deaths from car accidents when seat belts aren’t being worn make me applaud anyone trying to save lives on Missouri roads. And frankly, it seems entirely appropriate to me that MoDOT’s transportation director would take a stand on these issues. Indeed, Rahn defends his lobbying by saying that highway safety issues are absolutely appropriate for him to be involved in.
However, many legislators feel that MoDOT should not be engaged in lobbying activities, and felt it was especially inappropriate for employees from MoDOT to rally at the Capitol in March on behalf of the seat belt law – on State time. The counter argument seems to be that the legislature is also overstepping its bounds by trying to direct how MoDOT should spend a portion of the money from the federal stimulus package, specifically $10 million to improve highway access to the site of the former Missouri State Penitentiary in Jefferson City.
I just want to see our roads and highways safer for all Missouri drivers and strict enforcement of seatbelt and helmet laws to protect our citizens and our teen drivers, who account for many accidents where seatbelts are not being worn.

Preventable Injuries and Accidents

Wednesday, June 10th, 2009

As a Springfield, Mo attorney helping clients who have been injured in car accidents, motorcycle accidents and bike accidents, I am often dismayed by drivers and passengers who don’t wear seatbelts, and motorcycle and bicycle riders who don’t wear helmets.
In the same way, I am often concerned when I hear tornado warnings – like we’ve been having lately — and know that many citizens of Springfield, the surrounding counties and the Ozarks do not take cover during these warnings.
I’ve seen the damage and destruction from all kinds of accidents, some of which is preventable. If there’s a tornado warning in the Springfield area, please pay attention and take cover. Resist the temptation to stand outside and watch, to take pictures, to shoot video, or just to avoid being “inconvenienced.”
Weather service forecasts and tornado warnings – like seatbelts and helmets – are intended to prevent personal injury. Let’s use them for their intended purpose!

Missouri Motorcycle Accidents and The Helmet Law – Senate Bill 202

Saturday, June 6th, 2009

The News Tribune in Jefferson City reports that Gov. Jay Nixon has received 1,000 letters regarding the motorcycle helmet law. According to a review of the messages by the Associated Press, individuals urging Gov. Nixon to sign SB 202 outnumber those urging a veto by 7-to-1.
Senate Bill 202 would partially repeal Missouri’s mandate that motorcyclists wear helmets. The bill would let riders age 21 and older go helmet-free on any roads except interstate highways.
As a Missouri personal injury attorney in Springfield, Joplin and Columbia, MO, I have seen so many Missouri motorcycle accident cases resulting in catastrophic and life changing injuries, including permanent brain damage, and I’ve seen so many families devastated by the deaths of their loved ones, that even though I’m a believer in freedom, I just can’t support any law that would allow motorcycles riders to go helmet free on Missouri roads.
I do not want to make this blog into any kind of political forum, but based on my experience as a Missouri motorcycle accident lawyer, I would encourage you to check out the facts regarding motorcycle accident injuries when riders are not wearing helmets, and then please contact Gov. Nixon now and ask him to VETO SB202.
Please Contact Gov. Nixon today, and encourage everyone you know to contact him as well. Send your request for a VETO of SB 202 to:
216 Capital Building, Jefferson City, MO 65101

You can find more information on brainy injuries by visiting the Missouri Association of Brain Injuries.

What’s Going On In Springfield???????

Thursday, June 4th, 2009

As a personal injury attorney in Springfield, Mo, and an active and involved member of the Springfield community since attending MSU as a young man, I was disheartened to read so many articles in the Springfield News-Leader over the course of just two days (5/31-6/1) reporting on so many auto injury accident stories. Here’s a sampling of just two days worth of accident and injury headlines from our Springfield, MO paper:

Motorcyclist injured north of Washburn
MAY 31, 2009

Woman from Golden seriously injured
MAY 31, 2009

Teenager dies after hitting embankment
JUNE 1, 2009

Crash kills teenager, injures 4 passengers
JUNE 1, 2009

Vehicle crash kills woman
JUNE 1, 2009

Four hurt in crash involving 3 vehicles
JUNE 1, 2009

Woman hurt in turnover
JUNE 1, 2009

Maybe I picked two unusual days to track *car and motorcycle crashes in and around Springfield. Maybe this many traffic deaths and injuries are out of the ordinary. Maybe this many teenagers involved in Springfield, MO auto accidents is an anomaly. But I must say, I’m quite concerned.
I’m doing my small part with driver education assemblies, public service announcements and representing innocent people injured or killed in Springfield car crashes and motorcycle accidents, but maybe I need to do more. Maybe we all need to do more to prevent senseless loss of life and injuries on Springfield and Missouri roads, because certainly with accidents and injuries happening at this rate of frequency and seriousness, something must be done.