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?

Intro: Is FEMA ready to handle the onslaught of flood and hurricane disasters in 2010? I am attorney Aaron Sachs. We will discuss disaster preparedness and the role of FEMA in this week’s Legally Speaking.

Q: It seems that a disaster can strike at any time. How quickly should the government be able to respond?

• A: A common estimate based on past experience is that federal response can take anywhere from 48-120 hours, depending on the disaster.
• While FEMA does its best to protect the public, people must share in the responsibility to protect themselves and their families.

Q: What types of things should people do to protect themselves?

• A: Keep basic survival supplies in your home at all times, such as non-perishable food items, bottled water, and first aid supplies.
• These should be enough to last at least 3-4 days.
• A flashlight, a battery operated radio, extra batteries, and some form of communication are also important to have on hand.

Q: What exactly is FEMA’s role?

A: FEMA coordinates the work of federal, state, and local agencies in responding to natural disasters like floods and hurricanes, as well as nuclear disasters. It provides financial assistance to individuals and governments to rebuild after a disaster has struck. FEMA trains firefighters and emergency medical professionals; and funds emergency planning throughout the United States and its territories.

Q: What are the different areas of FEMA’s responsibilities?

A: FEMA has responsibilities in what it defines as four domains of emergency management:

• Mitigation: Reducing the severity or likelihood of the hazard.
• Preparedness: Ensuring you have the capability to respond to the hazard.
• Response: Immediate actions taken to save lives, property, the environment, and the economy.
• Recovery: Subsequent actions taken to restore property, jobs, and services.

Q: Aaron, what’s the bottom line on FEMA and disaster preparedness?

• A: No government agency is perfect, and although FEMA has reorganized and is taking steps to solve the problems which were apparent during Katrina,
• People need to be realistic and responsible for their own safety and well being.

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.

Q: What road conditions are the most hazardous for motorcyclists?

A: Conditions which are only minor annoyances for automobiles are frequently major hazards to motorcyclists. Wet or slippery roads, high winds, railroad crossings and even grooved pavement can create dangerous situations. Pot holes can be deadly, and riders must swerve suddenly to avoid them. This is one of the reasons a motorcycle needs the entire width of a lane.

Q: How should motorcyclists best handle these situations?

A: Proper training is the best defense. A professional training program will give cyclists the experience and know-how to deal with hazardous road conditions in the safest possible manner. Refresher courses at regular intervals can continue to improve riders’ skill levels.

Q: What is the leading cause of death in motorcycle accidents?

A: Head injuries. The National Highway Traffic Safety Administration estimates that a rider with no helmet is 40% more likely to suffer a fatal brain injury than a cyclist wearing a DOT approved helmet.

Q: Are there any things car drivers need to do differently, involving motorcycles?

• A: In dry road conditions, a motorcycle can actually stop much more quickly than a car.
• Always allow more following distance if you are driving behind a motorcycle, so you won’t hit it, if it comes to a sudden stop.

Often injuries from motorcycle accidents are severe. If you have been injured while riding a motorcycle, 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.

Q: What can be done to make riding on a motorcycle safer?

• A: Get properly trained and licensed.

• Learn how to drive in difficult weather conditions, which are much more hazardous for motorcycles than for cars.

• Always wear safety gear, such as motorcycle helmets manufactured to Department of Transportation standards, and other protective clothing.

• Currently, 20 states still require the use of motorcycle helmets, including Missouri.

• Although helmets don’t prevent crashes, they are shown to be 37% effective in preventing crash fatalities.

Q: What do automobile drivers need to know to share the roads safely with motorcyclists?

• A: Approximately one half of all motorcycle crashes do involve another motor vehicle.

• Car drivers need to remember that motorcycles have the right to a full lane.

• Never share a lane with a motorcycle.

• Be extra alert for motorcycles at night, as their one headlight can easily blend with the lights of other vehicles.

• Because motorcycles are so small, they are easily hidden in your vehicles blind spot.

• Always check carefully and signal before changing lanes.

Often injuries from motorcycle accidents are severe. If you have been injured while riding a motorcycle, 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.

Q: What road conditions are the most hazardous for motorcyclists?

A: Conditions which are only minor annoyances for automobiles are frequently major hazards to motorcyclists. Wet or slippery roads, high winds, railroad crossings and even grooved pavement can create dangerous situations. Pot holes can be deadly, and riders must swerve suddenly to avoid them. This is one of the reasons a motorcycle needs the entire width of a lane.

Q: How should motorcyclists best handle these situations?

A: Proper training is the best defense. A professional training program will give cyclists the experience and know-how to deal with hazardous road conditions in the safest possible manner. Refresher courses at regular intervals can continue to improve riders’ skill levels.

Q: What is the leading cause of death in motorcycle accidents?

A: Head injuries. The National Highway Traffic Safety Administration estimates that a rider with no helmet is 40% more likely to suffer a fatal brain injury than a cyclist wearing a DOT approved helmet.

Q: Are there any things car drivers need to do differently, involving motorcycles?

• A: In dry road conditions, a motorcycle can actually stop much more quickly than a car.
• Always allow more following distance if you are driving behind a motorcycle, so you won’t hit it, if it comes to a sudden stop.

Often injuries from motorcycle accidents are severe. If you have been injured while riding a motorcycle, 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.

Intro: As the weather gets warmer, more and more motorcyclists are taking to the roads. What safety precautions can both motorcyclists and automobile drivers take to avoid accidents?

Q: Aaron, this week’s topic is increasing motorcycle safety. Are motorcyclists unsafe on the roads?

• A: Motorcycle fatalities have been on the rise for the past few years, nationwide.

• Motorcycles make up less than three percent of all registered vehicles in the U.S., but in 2008 they accounted for 14 percent of total traffic fatalities.

• Statistically, motorcyclists are 37 times more likely than automobile occupants to die in a traffic accident.

Q: Why are motorcycles so dangerous?

• A: Someone in a car is protected to a certain extent by the metal structure of the car itself, and the airbags.

• A person on a motorcycle has no such protection.

• Also, because bikes are so much smaller than a car, drivers sometimes do not see them until it’s too late to avoid an accident.

If you have been injured on the road while riding on a motorcycle, and would like legal assistance or information, 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.