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.

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.

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.

If you have been injured at work, the first thing you need to do is report your injury immediately to your employer or supervisor. In Missouri, you only have 30 days from the date the injury occurred to file a report; failure to meet this deadline may jeopardize your Missouri workers’ comp claim. Even if the injury seems minor - you should still report it. This is for your benefit, to protect your rights under the law.

If your injury is something like carpal tunnel, which came on slowly over time, or is an illness that developed as a result of on-the-job exposure to chemicals, there will be no specific date that the injury occurred. However, the statute of limitations on filing your injury report begins from the time when you should reasonably have known about the illness or injury.

If you have been injured on the job, and would like 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”.

The use of seat belts has climbed to an average 84% compliance rate, nationwide. Tougher laws to reduce drunken driving, passed by different states, have also reduced both fatalities and auto accidents in general.

Another factor is the economic downturn, which has fewer people out on the road. Similar declines in traffic deaths were seen in the early 1980s and early 1990s. Difficult economic conditions during those periods led many drivers to cut back on discretionary travel as well.

Despite this drop in traffic deaths, nearly 34,000 people killed in one year is still quite a high number. Transportation Secretary Ray LaHood cautions drivers “to keep their hands on the steering wheel and their focus on the road, in order to stay safe.” Recent studies have shown that using a cell phone has the same impact on a driver’s reaction times as a blood alcohol concentration of .08 percent.

If you have been in a Missouri automobile accident or a truck accident, motorcycle accident or any other kind of vehicle accident and need advice, we offer a free consultation, with no pressure or obligation. Please use our convenient “Do I Have a Case” form, or call us Toll Free at 1-888- 777-2886.

In March, the Transportation Department announced some good news - the number of people killed in traffic accidents declined almost 9% in 2009, to 33,963 deaths. This is the lowest number of traffic fatalities since 1954.

There has been a trend of steady decreases in traffic deaths since 2005. This decline has been credited to more seat belt usage, assertive campaigns to discourage drunken driving, and encourage designated drivers, as well as newer automobiles being built with better safety features.

According to the Insurance Institute for Highway Safety, vehicles are being specifically engineered to protect people better in crashes. Some innovations in automobile safety include side air bags, to better protect the head and midsection, and electronic stability control, which help motorists avoid rollover crashes.

If you have been in a Missouri automobile accident or a truck accident, motorcycle accident or any other kind of vehicle accident and need advice, we offer a free consultation, with no pressure or obligation. Please use our convenient “Do I Have a Case” form, or call us Toll Free at 1-888- 777-2886.

This Memorial Day weekend, what safety information do boaters need to know? I am attorney Aaron Sachs. Let’s discuss boating safety.

Q: Is “boating under the influence” as dangerous as “driving under the influence”?

• A: Boat operators become impaired more quickly than car drivers, drink for drink.
• The combination of motion, engine noise, sun, wind and spray actually accelerate intoxication,
• causing coordination, judgment and reaction time to decline even faster than they do on land.
• Operating a boat while intoxicated is a felony offense, with a $5,000 fine and 1-5 years in jail if convicted.

Q: What else can people do to enhance boating safety?

• A: Understand the Navigation Rules.
• They establish right of way, and allow you to navigate safely when two boats are crossing paths.
• Studies also show, those who have taken a boating safety course are less likely to be involved in accidents.
• If you want to ensure your boat is as safe as possible; request a courtesy examination, called a Vessel Safety Check.
• This is done by the Coast Guard Auxiliary or the Water Patrol.
• You’ll receive an evaluation, with specific recommendations to upgrade your boat’s safety.

Q: Aaron, what’s the bottom line on improving boating safety?

• A: Use common sense out on the water –
• learn how to drive safely, wear a life jacket at all times,
• and if you are drinking, pre-select a designated driver.