Intro: Missouri has new, tougher drunk driving laws that go into effect August 28. How will these new laws affect you? Dustin Lattimer and Missouri personal injury attorney Aaron Sachs will discuss the new DUI laws in this week’s Legally Speaking.

Q: Aaron, this week’s topic is the new drunk driving laws that go into effect August 28th. Why have Missouri’s laws been overhauled?

• A: Although everyone knows driving under the influence of alcohol or drugs is dangerous and illegal, in 2009 there were approximately 35,000 arrests for drunken driving in Missouri.
• Penalties for drunken driving have varied between different counties across the state.
• It’s been reported that some courts give probation and make plea deals that allow drivers to keep the offense off their records.
• As a result, persistent offenders are able to continue driving despite multiple DUI arrests.

Q: How did this new law come about?

A: The problem of drunk driving has been of particular interest to Governor Nixon. In November 2009, he held a DWI summit of law enforcement officers, prosecutors, judges, court officials, representatives of Mothers Against Drunk Driving and others. He said Missouri must close gaps in its DWI laws and take a comprehensive approach to the problem. The state legislature agreed, and drafted the new laws.

Q: Repeat offenders can have their licenses revoked for up to ten years. When someone’s license is taken away for drunk driving, doesn’t that lead to driving illegally?

A: Rep. Bryan Stevenson, R-Joplin, said Missouri does not have a strong enough public transit system to expect offenders to go years without driving. The new law attempts to address this problem as well. Some offenders with a blood alcohol level above 0.15 percent could potentially receive probation and a partial license if they complete an alcohol abuse treatment program, known as DWI court. This would alleviate the problem of unlicensed drivers.

Q: Would all offenders be eligible for this treatment?

The degree of fault is probably one of the most important factor, along with damages and ability to recover , in determining how much you may finally recover for your injury. The person at fault is the one whose negligence caused the accident; they are the ones who must pay for the damages. The circumstances of the accident will usually make clear the level of fault for both parties involved.

If the other party was completely at fault, you will be able to receive more money than if you are partially at fault. Missouri is a comparative fault state that allows an allocation of fault. If there is an issue as to shared fault in an auto accident, it typically will first show up during the negotiations on your car. In that circumstance, the insurer will determine the relative percentages of fault of the various parties involved. An insurance adjuster will reduce the recovery amount by your percentage of comparative fault. For instance, if 10% of the accident is your fault, the insurance company will attempt to reduce you property damage claim by 10%. Hence, car insurance companies have a financial interest in attempting to find you at fault or partially at fault for the car accident.

If you have been injured in a car crash and would like information or legal assistance, feel free to call the Missouri personal injury law firm of Aaron Sachs and Associates and ask for a free initial consultation. There is no obligation or pressure. Feel free to submit our convenient and easy-to-use Do I Have a Case? form, or call us toll free 24/7 at: 1-888- 777-2886. Aaron Sachs’ regional law offices are located across the state of Missouri in Springfield, Joplin, Columbia and Cape Girardeau. Meetings are by appointment only. Practice is limited to personal injury, workers compensation and Social Security Disability.

Introduction: Many people use their own auto in the performance of their jobs. Here are a few questions for Aaron Sachs regarding a person’s rights and liability.

Q: How could a business be sued for an accident an employee had in their own personal vehicle?

• A: There is a common law doctrine, known as “Respondeat Superior“, or “vicarious liability”
• which makes an employer liable for injuries caused by an employee, during the course of employment.

Q: Aaron, what’s the bottom line on employees using their own cars for work purposes?

• A: Discuss the situation with your employer.
• It needs to be clearly defined who will pay for what, and what insurance coverage is in place, or needs to be changed.
• Doing this is to the benefit of both parties.

If you have been injured and would like more information or legal assistance, feel free to call the Missouri personal injury law firm of Aaron Sachs and Associates and ask for a free initial consultation. There is no obligation or pressure. Feel free to submit our convenient and easy-to-use Do I Have a Case? form, or call us toll free 24/7 at: 1-888- 777-2886. Aaron Sachs’ regional law offices are located across the state of Missouri in Springfield, Joplin, Columbia and Cape Girardeau. Meetings are by appointment only. Practice is limited to personal injury, workers compensation and Social Security Disability.

Introduction: Many people use their own auto in the performance of their jobs. Here are a few questions for Aaron Sachs regarding a person’s rights and liability.

Q: If you are driving your own vehicle to perform work functions, and you are in an accident, will your auto insurance cover it?

A: Most personal auto policies exclude use of a vehicle for business purposes. If you are regularly using your car for work, you need a business policy.

Q: Who is required to buy the commercial policy - the employee or the employer?

• A: There are no legal requirements, however, it is to an employer’s advantage to provide a commercially insured vehicle for the employees use, or have “non-owned auto” coverage.
• This protects the company if it is sued because of an auto accident
• while an employee is on company business in their personal vehicle.
• The risk of a serious auto accident wiping out a small business is far greater than the cost of this insurance.

Q: What exactly is Respondeat Superior?

A: It is a Latin term, translating as “Let the superior make answer”. Basically, it means the employer is responsible for the employee. This common-law doctrine was established in seventeenth-century England to define the legal liability of an employer for the actions of an employee. It was adopted in the United States and has been a fixture of agency law ever since.

If you have been injured and would like more information or legal assistance, feel free to call the Missouri personal injury law firm of Aaron Sachs and Associates and ask for a free initial consultation. There is no obligation or pressure. Feel free to submit our convenient and easy-to-use Do I Have a Case? form, or call us toll free 24/7 at: 1-888- 777-2886. Aaron Sachs’ regional law offices are located across the state of Missouri in Springfield, Joplin, Columbia and Cape Girardeau. Meetings are by appointment only. Practice is limited to personal injury, workers compensation and Social Security Disability.

Introduction: Many people use their own car in the performance of their jobs, without being reimbursed for it. Here are a few questions for Aaron Sachs regarding this topic.

Q: Aaron, this week’s topic is using your own vehicle for your job. Is your employer legally required to reimburse you for the mileage you put on your car in the performance of your job?

• A: California is the only state with a law requiring reimbursement of mileage.
• If use your own vehicle for work related purposes, you may be able to negotiate reimbursement with your employer.
• Otherwise, you may be able to claim the mileage as a deduction on your income taxes, so keep meticulous records.

Q: If an employee uses their vehicle for business errands, or driving around to different appointments, must they be paid for that time?

• A: According to the United States Department of Labor, if an employee is required to travel as part of his principal activity,
• such as meeting clients, or traveling from job site to job site during the workday -
• the travel must be counted as hours worked.
• If driving time takes an employee beyond the normal 40 hour work week, they are entitled to overtime pay.

Q: How can an employee get more information about their legal rights concerning driving their own vehicle for work purposes?

A: They can speak to their union representative, someone at the Department of Labor, specifically the Wage and Hour division, or an attorney familiar with both Federal and State wage laws to find out more information.

If you have been injured and would like more information or legal assistance, feel free to call the Missouri personal injury law firm of Aaron Sachs and Associates and ask for a free initial consultation. There is no obligation or pressure. Feel free to submit our convenient and easy-to-use Do I Have a Case? form, or call us toll free 24/7 at: 1-888- 777-2886. Aaron Sachs’ regional law offices are located across the state of Missouri in Springfield, Joplin, Columbia and Cape Girardeau. Meetings are by appointment only. Practice is limited to personal injury, workers compensation and Social Security Disability.

GRAY SUMMIT, Mo. - On Thursday, August 5^th, two buses carrying high school band students to an amusement park were involved in a freeway accident with a semi tractor and a GMC pickup. Two people were killed - 15 year old Jessica Brinker, a passenger on one of the school buses, and the driver of the GMC pickup, 19 year old Daniel Schatz. Nearly 50 students were treated for mostly minor injuries as well.

The accident occurred on Interstate 44, about 40 miles from St. Louis. A semi cab slowing down for road construction and was struck by a GMC pickup. The two buses carrying high school band students then slammed into that wreck.

Officials from the National Transportation Safety Board are now in Missouri conducting an investigation into the causes of the tragedy and how to prevent similar accidents. NTSB Vice Chairman Christopher Hunt said, “We’ve been interested for some time in school bus safety,” Hart said. “We’re also interested in construction zone safety.”

Missouri State Highway Patrol Cpl. Jeff Wilson said it will be up to Franklin County prosecutors to decide whether any charges will be filed against anyone involved in the accident. The NTSB isn’t interested in pointing fingers, saying “We are here to determine the cause of the accident, not looking at blame”.

The NTSB is examining whether seat belts on the bus could have made a difference. Investigators will also consider the possible benefits of accident-avoidance technology for school buses. These technologies could provide some warning to drivers about impending slowdowns and automatically apply the brakes.

It’s unfortunate that it takes this type of calamity to get the National Transportation Safety Board involved. However, if it leads to safety measures which prevent even one similar accident from occurring, then some good will have come out of this sad and tragic event.

Aaron Sachs and Associates is a personal injury law firm. For more information, click autoinjury.com or call us Toll Free at 1-888- 777-2886.

If the other party in the accident broke a traffic law, such as running a red light, or making an illegal turn, this makes it easier to establish liability. Drunk driving, talking on a cell phone, or texting are common examples of outside factors which also may help establish fault and add value to the case.

There is no mathematical formula for determining percentages of fault in accident injuries. The insurance claims adjuster has a financial interest in trying to assess and shift to you a percentage of fault. A personal injury lawyer can help you in getting compensation, either in the negotiation process or at trial.

If you require legal assistance with your personal injury case, please use our convenient Click to Call feature, or simply call our toll free number at 1-888-777-AUTO (2886). Feel free to call the Missouri personal injury law firm of Aaron Sachs and Associates and ask for a free initial consultation. There is no obligation or pressure. Feel free to submit our convenient and easy-to-use Do I Have a Case? form, or call us toll free 24/7 at: 1-888- 777-2886. Aaron Sachs’ regional law offices are located across the state of Missouri in Springfield, Joplin, Columbia and Cape Girardeau. Meetings are by appointment only. Practice is limited to personal injury, workers compensation and Social Security Disability.

It is always in your best interests to call the police when you have been involved in a car accident. Do not allow the other party to talk you out of it, claiming they have plenty of insurance, or want to pay you cash for any damages and not report it to either insurance company. If the only damage is a minor dent or busted headlight, perhaps that is appropriate. But, head, back and neck injuries are notorious for appearing hours, days or even weeks after an auto accident occurs.

A police report with all the relevant information is always to your advantage if there are any complications which emerge later. An accident report prepared by the police is an important asset that your lawyer will use to begin preparing your case. There is never a good reason not to call the police.

If you are injured, seek medical attention immediately. If you do not feel injured or in shock, interviewing all witnesses and writing down what they have to say can be vital in proving who is at fault in the accident. Information gathered immediately or very soon after the accident is always the most accurate.

For more information, order our Free DVD, What to do After an Accident, or our Free Brochure, Top 10 Questions People Have After an Auto Accident.

If you have been injured and would like information or legal assistance, feel free to call the Missouri personal injury law firm of Aaron Sachs and Associates and ask for a free initial consultation. There is no obligation or pressure. Feel free to submit our convenient and easy-to-use Do I Have a Case? form, or call us toll free 24/7 at: 1-888- 777-2886. Aaron Sachs’ regional law offices are located across the state of Missouri in Springfield, Joplin, Columbia and Cape Girardeau. Meetings are by appointment only. Practice is limited to personal injury, workers compensation and Social Security Disability.

The first thing to do is to move as far off the roadway as possible. Do not leave the scene of the accident, however. If you happen to have a camera and can photograph the scene of the accident before moving your car, which is recommended. Once you have moved your vehicle, (assuming it is possible to move it) put on your hazard lights to warn oncoming traffic.

Exchange information with other drivers involved in the accident. Write down the name, address, phone number and license numbers for all drivers and witnesses. Make sure you get the insurance companies and policy numbers. Other important information includes the makes, models, colors and license plate numbers of all vehicles involved.

If you have been injured and would like more information or legal assistance, feel free to call the Missouri personal injury law firm of Aaron Sachs and Associates and ask for a free initial consultation. There is no obligation or pressure. Feel free to submit our convenient and easy-to-use Do I Have a Case? form, or call us toll free 24/7 at: 1-888- 777-2886. Aaron Sachs’ regional law offices are located across the state of Missouri in Springfield, Joplin, Columbia and Cape Girardeau. Meetings are by appointment only. Practice is limited to personal injury, workers compensation and Social Security Disability.

You should be examined by a doctor as soon as possible after an automobile accident of any kind. You might not be immediately aware of all your injuries, between the excitement and shock, the damage to your car, and the adrenaline pumping through your body. Men, in particular, tend to shrug off injuries, assuming they will be fine in the morning after a good night’s sleep.

However, many types of injuries may not show up for hours, or even days after a collision. If you start experiencing dizziness, nausea, confusion, memory loss, or vision problems, you might think all you need is some rest to recover from the trauma - but those are symptoms of a possible brain injury.

Many people wait until they can’t take the pain any longer, before finally getting medical care. The most important thing is your health. Denial is not the answer. Also if you need to make a claim for your injuries, insurance companies can use the fact that you waited against you; arguing that if you were really hurt, you would have gotten medical attention immediately. Your failure to get medical treatment right away, especially if you have waited days or weeks, may make it that much more difficult to convince a jury that you do indeed have a serious injury.

Don’t take chances with your physical health after a car crash. If there’s any chance you have a substantial injury, it’s vital that it be diagnosed and treated as soon as possible. For your own safety and continued health, as well as to have a fair chance in recouping the money you deserve from an accident - always seek help from a medical professional, preferably on experienced in treating accident trauma, as soon as possible.

For more information, contact us 24/7 on our toll free number 1-888-777-2886 or order the FREE DVD - “What to do after an Auto Accident” or FREE BROCHURE - “Top Ten Questions People have after an Auto Accident”.