We are happy to report that BWS attorneys and staff are safe following the tornado that devastated Joplin on May 22nd. BWS attorneys and staff escaped the tornado unharmed with only minor damage to homes and property. Our office on 32nd Street in Joplin also escaped mostly undamaged. We were without power for a week, but power has been restored, and we are open for business. We were very, very lucky.
Unfortunately, many in Joplin were not so lucky. We have been part of the Joplin community for 30 years, and many of our attorneys and staff were born and raised in this community. The loss of life and utter devastation experienced by our community is heartbreaking. Our prayers go out to all those impacted by the tornado.
Yet, even with all this devastation, rays of hope shine through. The citizens of Joplin have shown tremendous resolve, and the stories of individual heroism displayed by so many in the face of unthinkable peril are truly inspiring. Joplin is down, but not out (not even close). Joplin has shown the world how to persevere in the face of seemingly overwhelming adversity. We are very proud to be citizens of Joplin.
Much work lies ahead in the coming months and years. There will be ups and downs to this recovery, but we know one thing with certainty: JOPLIN WILL REBUILD BIGGER AND BETTER THAN EVER. We intend to do our part. We will raise money, collect donations, clear brush, plant trees, volunteer legal services, and do whatever else we can to rebuild Joplin. We hope you will too. It will take all our efforts to rebuild Joplin.
Tuesday, May 31, 2011
Sunday, February 27, 2011
Mayo Shuts Section of I-44
A section of Interstate 44 in Southwest Missouri near Springfield was closed for several hours after a tractor-trailer crashed and spilled its load of mayonnaise. Eastbound lanes of the interstate near U.S. 65 were closed for several hours Saturday night as crews cleaned up debris from the tractor-trailer crash, including about 40,000 pounds of mayonnaise.
Lt. Scott Leven told The Springfield News Leader that the truck driver lost control, taking the rig through a cable guard and into the median. He said walking on the spilled mayo was like walking on ice.
No injuries were reported, and other vehicles were re-routed before the cleanup was completed.
Lt. Scott Leven told The Springfield News Leader that the truck driver lost control, taking the rig through a cable guard and into the median. He said walking on the spilled mayo was like walking on ice.
No injuries were reported, and other vehicles were re-routed before the cleanup was completed.
Sunday, December 12, 2010
DOT BANS TRUCKERS TEXTING AND DRIVING
Last January, Transportation Secretary Ray LaHood announced a ban on truckers texting while driving. At the time of the announcement, it was only a regulatory guideline and not yet an official FMCSA rule. That changed at the end of October when a final rule banning texting by truck drivers took permanent effect.
The final rule specifically targets texting, not just talking, as studies have shown it to impair attention far more and thus making it more likely to result in a serious injury accident. Studues show texting results in crash rate 23 times higher than focused, undistracted driving.
The ban comes at a time when text messaging has exploded as a means of communication. The total number of text messages sent last year was 22 times higher than it was just four years ago.
The final rule specifically targets texting, not just talking, as studies have shown it to impair attention far more and thus making it more likely to result in a serious injury accident. Studues show texting results in crash rate 23 times higher than focused, undistracted driving.
The ban comes at a time when text messaging has exploded as a means of communication. The total number of text messages sent last year was 22 times higher than it was just four years ago.
Sunday, September 26, 2010
DEADLY HIGHWAY ACCIDENTS INVOLVING TRACTOR TRAILERS DOWN
The Missouri Department of Transportation (MoDOT) recently reported that deadly crashes involving semi trucks have decreased by almost half since 2005, from 173 to 88. MoDOT released a report about the decrease in fatal semi truck accidents in honor of National Truck Driver Appreciation Week, Sept. 19 through 25.
MoDOT cites several reasons for this decline. MoDOT itself deserves some credit for engineering efforts like visibility improvements and rumble stripes that keep drivers in their own lanes. Fatal crashes caused by lane departure fell by more than half in the period under study -- from 136 to 62. There was a particularly steep decline in fatal crashes caused by vehicles crossing the median of a divided highway and veering into oncoming traffic. Those crashes declined by 85 percent, from 20 to 3.
The bad economy has also reduced deadly accidents involving tractor trailers because both passenger cars and commercial trucks are traveling less. When accidents do occur, emergency response personnel are doing a better job of responding to them. MoDOT says emergency response time has improved in both Kansas City and St. Louis.
Tom Crawford, president of the Missouri Trucking Association, added that credit also belongs to professional truck drivers who practice defensive driving and pay attention. Keep up the good work drivers!
MoDOT cites several reasons for this decline. MoDOT itself deserves some credit for engineering efforts like visibility improvements and rumble stripes that keep drivers in their own lanes. Fatal crashes caused by lane departure fell by more than half in the period under study -- from 136 to 62. There was a particularly steep decline in fatal crashes caused by vehicles crossing the median of a divided highway and veering into oncoming traffic. Those crashes declined by 85 percent, from 20 to 3.
The bad economy has also reduced deadly accidents involving tractor trailers because both passenger cars and commercial trucks are traveling less. When accidents do occur, emergency response personnel are doing a better job of responding to them. MoDOT says emergency response time has improved in both Kansas City and St. Louis.
Tom Crawford, president of the Missouri Trucking Association, added that credit also belongs to professional truck drivers who practice defensive driving and pay attention. Keep up the good work drivers!
Saturday, August 28, 2010
TESTING TRUCKERS FOR SLEEP APNEA
The Federal Motor Carrier Safety Administration is engaged in ongoing talks focused on combating trucker health issues like sleep apnea, a major problem contributing to tractor trailer accidents.
Sleep apnea is a condition in which a narrowing or closure of the upper airway during sleep causes repeated sleep disturbances, and possible complete awakenings, leading to poor sleep quality and excessive daytime sleepiness.
This fatigue can lead to very serious truck accident injuries once the driver gets behind the wheel. Fatigue is a significant contributing factor in as many as one out of every seven tractor trailer crashes.
Sleep apnea is closely associated with being overweight. Truck drivers are particularly susceptible to being overweight because of the nature of their job. Trucking requires a driver to sit for eight hours or more each day with limited opportunities for exercise. As a result, as many as 40 percent of truck drivers are classified as significantly overweight.
Truck drivers receive medical exams every couple years, but it has never been required that they be tested for sleep apnea as part of the exam. That may change. The Medical Review Board of the FMCSA has recommended that CDL holders with a body mass index (BMI) of 30 or higher be tested for sleep apnea. A BMI of 30 or greater – 220 pounds for a 6-foot-tall person – puts people at risk for developing obesity-related medical conditions such as sleep apnea. Nearly a third of Americans are clinically obese.
Sleep apnea is a condition in which a narrowing or closure of the upper airway during sleep causes repeated sleep disturbances, and possible complete awakenings, leading to poor sleep quality and excessive daytime sleepiness.
This fatigue can lead to very serious truck accident injuries once the driver gets behind the wheel. Fatigue is a significant contributing factor in as many as one out of every seven tractor trailer crashes.
Sleep apnea is closely associated with being overweight. Truck drivers are particularly susceptible to being overweight because of the nature of their job. Trucking requires a driver to sit for eight hours or more each day with limited opportunities for exercise. As a result, as many as 40 percent of truck drivers are classified as significantly overweight.
Truck drivers receive medical exams every couple years, but it has never been required that they be tested for sleep apnea as part of the exam. That may change. The Medical Review Board of the FMCSA has recommended that CDL holders with a body mass index (BMI) of 30 or higher be tested for sleep apnea. A BMI of 30 or greater – 220 pounds for a 6-foot-tall person – puts people at risk for developing obesity-related medical conditions such as sleep apnea. Nearly a third of Americans are clinically obese.
Tuesday, August 24, 2010
I-49 BETWEEN JOPLIN AND KANSAS CITY
The Missouri Highways and Transportation Commission (MHTC) recently approved highway construction resulting in the upgrading of the U.S. 71 corridor between Kansas City and Joplin to interstate standards by the end of 2012. The upgraded interstate would have the designation I-49. The Missouri Department of Transportation believes the proposed improvements will “enhance[] economic opportunities and freight movement.”
The funds for this project were originally intended to be used for a four-lane bypass of Bella Vista, AR, creating an interstate from Joplin to Fort Smith, Ark. However, the Arkansas State Highway Commission has indicated that, due to funding shortfalls, it intends to construct a two-lane Bella Vista bypass in phases over six years. A two-lane bypass would not be compatible with interstate standards. For this reason, the MHTC shifted its priorities on U.S. 71.
“We need to capitalize on the opportunity to bring I-49 to Missouri between Kansas City and Joplin,” said Rudy Farber, MHTC Chairman, “but still work with Arkansas toward progress on the Bella Vista Bypass.”
Once improvements between Kansas City and Joplin are complete, any remaining funds will be used to begin construction of the Bella Vista Bypass in coordination with Arkansas.
The improvements to U.S. 71 between Kansas City and Joplin that are necessary to attain Interstate status include the construction of seven interchanges, four overpasses and one set of outer roads:
Cass County -- Two overpasses and one interchange
Bates County -- One interchange and one set of outer roads
Vernon County -- Five interchanges and one overpass
Barton County -- One overpass
For more information about the planned improvements see:
www.modot.mo.gov/southwest/I-49MapsandInformation.htm
The funds for this project were originally intended to be used for a four-lane bypass of Bella Vista, AR, creating an interstate from Joplin to Fort Smith, Ark. However, the Arkansas State Highway Commission has indicated that, due to funding shortfalls, it intends to construct a two-lane Bella Vista bypass in phases over six years. A two-lane bypass would not be compatible with interstate standards. For this reason, the MHTC shifted its priorities on U.S. 71.
“We need to capitalize on the opportunity to bring I-49 to Missouri between Kansas City and Joplin,” said Rudy Farber, MHTC Chairman, “but still work with Arkansas toward progress on the Bella Vista Bypass.”
Once improvements between Kansas City and Joplin are complete, any remaining funds will be used to begin construction of the Bella Vista Bypass in coordination with Arkansas.
The improvements to U.S. 71 between Kansas City and Joplin that are necessary to attain Interstate status include the construction of seven interchanges, four overpasses and one set of outer roads:
Cass County -- Two overpasses and one interchange
Bates County -- One interchange and one set of outer roads
Vernon County -- Five interchanges and one overpass
Barton County -- One overpass
For more information about the planned improvements see:
www.modot.mo.gov/southwest/I-49MapsandInformation.htm
Sunday, August 15, 2010
CONTINGENCY FEE ARRANGEMENTS PROTECT THOSE THAT HAVE BEEN INJURED
Large corporations and insurance companies have the resources to pay attorneys $250 to $500 per hour to defend claims brought by injured people. However, most injured people do not have the resources to pay an attorney such an hourly rate to recover the compensation they are owed. For this reason, BWS, and most other injury attorneys, will handle cases for injured people on a contingency fee basis. This means the attorney is paid only if he or she recovers compensation for the injured person. The attorney will be paid a percentage of the amount recovered. A contingency of 33% is customary. A 40% contingency percentage is sometimes used in more complex cases. If the attorney does not recover compensation for the injured person, the attorney does not get paid for the time spent on the case, which can be substantial.
While many accident victims understand that the attorneys’ fee is contingent on winning the case, most do not fully grasp the extent to which a contingency fee can insure full compensation for medical expenses and property damage or loss. Imagine you are involved in an accident. Your injuries prevent you from working, and your savings are insufficient to cover your exorbitant medical bills, let alone pay an attorney $250-$500 dollars an hour to represent you. The contingency-fee arrangement protects you, deferring legal expenses until you recover the compensation you are owed.
Additionally, a contingency fee ensures that your interests are aligned with your attorney’s interests. While an attorney working on an hourly basis gets paid whether or not his client wins the case, an injury attorney working on a contingency fee basis only gets paid if you win the case. An injury attorney working under a contingency fee is also motivated to maximize your recovery because the higher your recovery, the more the attorney gets paid.
Many critics of attorneys claim contingency fees cause frivolous lawsuits. The opposite is true. Personal injury lawsuits require much effort and expense. An injury attorney must hire experts to help build the case, which can cost the attorney $30,000 to $100,000 in some cases. Attorneys are not reimbursed for these expenses if they lose the case. It is not unusual for the attorney and staff to put more than 200 hours into a case. Too many lost cases can cause an attorney to go out of business. Consequently, smart injury attorney only take cases that have merit and are likely to lead to a favorable verdict if the case goes to trial.
While many accident victims understand that the attorneys’ fee is contingent on winning the case, most do not fully grasp the extent to which a contingency fee can insure full compensation for medical expenses and property damage or loss. Imagine you are involved in an accident. Your injuries prevent you from working, and your savings are insufficient to cover your exorbitant medical bills, let alone pay an attorney $250-$500 dollars an hour to represent you. The contingency-fee arrangement protects you, deferring legal expenses until you recover the compensation you are owed.
Additionally, a contingency fee ensures that your interests are aligned with your attorney’s interests. While an attorney working on an hourly basis gets paid whether or not his client wins the case, an injury attorney working on a contingency fee basis only gets paid if you win the case. An injury attorney working under a contingency fee is also motivated to maximize your recovery because the higher your recovery, the more the attorney gets paid.
Many critics of attorneys claim contingency fees cause frivolous lawsuits. The opposite is true. Personal injury lawsuits require much effort and expense. An injury attorney must hire experts to help build the case, which can cost the attorney $30,000 to $100,000 in some cases. Attorneys are not reimbursed for these expenses if they lose the case. It is not unusual for the attorney and staff to put more than 200 hours into a case. Too many lost cases can cause an attorney to go out of business. Consequently, smart injury attorney only take cases that have merit and are likely to lead to a favorable verdict if the case goes to trial.
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