Springfield Missouri Rental Car Accident Attorney

Accident in a rental car, am I covered?

Whether your car is broken down or you are on vacation, the chances are at some point in your life you will be driving a rental car. Unfortunately your likelihood to be involved in an accident also increases during this time. This is mostly due to the unfamiliar environment you suddenly find yourself in. Similarly, you may be involved in an accident where the other driver was driving a rental car owned by companies like: Budget, Alamo, Enterprise, National, Hertz, Avis, and Thrifty.

Self-insured Rental Car Companies Obligations

All of these rental car companies operate within the State of Missouri and as a result are obligated to comply with minimum financial responsibility laws. However, many of these companies are self-insured, meaning they have agreed to provide coverage and pay Judgments under the law. The requirements for companies to qualify to be self-insured is codified in Section 303.220 RSMo.

Coverage Limits of Self-Insured Companies

The coverage amounts required under Missouri Law are set forth in Section 303.160 RSMo. This section allows self-insured companies, like rental car companies, to only provide the minimum financial responsibility limits required in the State of Missouri. These limits are $25,000.00 for one person and $50,000.00 per accident. These minimal limits cause huge problems for drivers injured by drivers of rental cars. The truth is that medical bills for even a minor accident can be well in excess of $10,000.00, leaving little to no room for ongoing treatment or pain and suffering.

Underinsured Motorist Coverage

As a result of these minimal coverage limits, it is important that you have under insured motorist coverage. This is insurance you purchase that covers excess damage in the event that the other driver’s coverage is not enough. For example, you get hit by a driver of a rental car and are injured. Your medical bills are $30,000.00 and your recovery was three (3) months. All the rental car company will pay to you is $25,000.00, leaving you owing medical bills and possibly being out lost wages and pain & suffering. However, if you have $50,000.00 in underinsured motorist coverage, you may be able to recover an additional $25,000.00 from your insurance company to help alleviate your losses.

Springfield Missouri Car Accident Attorney

Of course, the best bet is to not be involved in an accident while in a rental car. Springfield Missouri car accident attorney Joel Harris offers the following tips that may help a driver increase his or her confidence while driving a rental vehicle on unfamiliar roadways.

Reduce Accidents in unfamiliar situations

1. Be Aware of Traffic Laws in the Area

This is an essential tip particularly for people traveling outside the country. Aside from avoiding traffic violations, becoming aware of traffic laws allows drivers to know the traffic situation in a particular area. Roundabouts, strange traffic signs, or weird intersections may be present in some towns, and it will be easier for drivers to navigate these unfamiliar areas if they are knowledgeable about these features.

2. Be Aware of Your Surroundings

A herd of cows in the middle of the road may be a familiar sight for local residents, but it may be something new or surprising for visitors. Drivers from the south may find icy roads difficult to manage while city dwellers may not know how to handle traffic caused by farm vehicles. Drivers can prepare for any traffic condition if they are aware of the situation in a particular area. It is also advisable to know the weather conditions of a particular area before visiting it.

3. Be Aware of Landmarks

Drivers should be familiar with the map of an area they visit for the first time. While traveling, drivers should take into account the connection between notable landmarks and the map. Drivers can easily identify their location and reach their destination if they are familiar with notable structures.

4. Use a GPS

Many rental vehicles feature a GPS system as add-ons. Using a GPS add-on is a cost-effective method of avoiding getting lost.

Common Road Rules

1. Avoid Unexpected Direction Changes

Drivers should wait and find the next available exit if they miss an exit or turn. Unexpected changes in direction using a rental vehicle may result in illegal or unsafe maneuvers, which can endanger the passengers and other vehicles on the road.

2. Use Turn Signals Properly

When making a turn, it is essential for drivers to use the turn signal in advance to warn other drivers

Injuries can affect your daily life. Don't trust your future to
an insurance company designed to make money.

of an upcoming turn.

3. Slow Down

Being patient is necessary while driving on unfamiliar roads. Driving at a lower speed allows a driver to react appropriately to unforeseen obstructions on the road, such as curves, animals, potholes, and debris.

Check out Nixa Missouri Auto Accident Attorney’s web page for more information on what to do in an accident. Also look at Ozark Missouri Auto Accident Attorney’s law firm profile to learn more about the aggressive and powerful litigation techniques used by Harris Law. 

Did you get a traffic ticket? What now?

From time to time I hear comments or see posts on facebook or twitter from “innocent people” (the truth is Missouri Drivers are the second worst in the nation) about the ticket they recently received and their newly damaged “record”. And the question comes up, can I beat this? There are a variety of different options for a person that receives a ticket, but few of them are actually “beating” the ticket. Here are some potential choices:

Option 1: pay the ticket. While this option is a tough pill to swallow, it is certainly the quickest and easiest way to handle the matter. However, this option will have the greatest effect on your “record” and in the long run could end up costing you more money. While you do not have the cost of an attorney, the cost of your insurance rate increase over the years will exceed attorney fees many times over.

Option 2: Negotiate the ticket yourself. This option will require you to take off work and appear on your own behalf to negotiate the ticket yourself. In many cases you will be able to speak to the prosecutor and come to a plea agreement on the ticket. However, don’t be surprised if they offer the same deal as listed on the back of the ticket. The reason for this deals purely with your ability to recognize an appropriate disposition to the cause and your lack of negotiating power. However, under the right circumstances this option could potentially be the best route, but it could also be the worse.

Option 3: Fight the ticket. Whether you are fighting the ticket yourself or with the aid of an attorney, this option is rarely fruitful. At any level, your chances of winning are greatly increased with the aid of an attorney. However, while your ego may receive a boost from beating the system, your pocket book will take an even bigger hit. And I will go ahead and answer the question that comes up in these cases, “No, you cannot sue the state to get your money back from having to fight an invalid ticket.”

Option 4: Hire an attorney to negotiate. While it may seem bias due to my profession, this is clearly the best option. In the process of doing such an attorney can usually have one of two different outcomes:

1.       SIS – A suspended imposition of sentence is a great outcome that places you on probation for a period of time to be determined by the court. This is a great option because it does not include a fine and if you complete the probation period without further violations, then it never becomes a formal conviction against you. However, there are risks that you receive an additional ticket.

2.       Amend – This is the most common result of an attorney negotiating for you. In this option the Prosecutor will either amend the charge to defective equipment or a lower speeding resulting in no-points. These options are great because they result in no loss of points on your record, but the downside is that a fine usually is imposed.

No matter the option you choose, it is always best to consult with an attorney. Most provide free consultations and they can answer quickly how they can help you. Remember, most attorneys will charge around $150.00 to handle a ticket, and in most cases that means you never have to go to Court and the matter is resolved in the best way possible. Increased insurance rates, days off work, and points on your license could have devastating effects, so don’t just accept what the officer says and “pay it”. The extra $150.00 now, could pay off big in the future.

Holiday Tips for Divorced and Separated Parents!

With the Holidays upon us it is time for cheer and goodwill, but for divorced and separated parents this time of the year is stressful. Immediately the phone starts ringing and words are exchanged. Your plans for a happy and relaxing holiday just got more difficult with the addition of a custody exchange to your itinerary. However, things don’t have to be so gloom. As a family law attorney in Springfield Missouri, I have witnessed some of the best and worst parents out there, and patterns start to develop that can help divorced parents make the holiday time a little better, not just for the children, but for everyone.

Let’s start with a simple idea. The best divorced parents out there have one thing in common: THEY HAVE NO IDEA WHERE THEIR PARENTING PLAN IS! How does that make you a good parent? Parenting plans are restrictions; guidelines for what parents should do if they can’t come to an agreement. The best parents are able to set aside their differences that caused the divorce or separation, and focus on a schedule that is best for the kids. It isn’t always what you want, but if you are a parent you have already learned that your needs are no longer important. What matters most are the children. If you are one of the parents that don’t know where your plan is or what is in it, then you can stop reading, because the rest of this blog is going to focus on the rest of you. Here are a few tips to make the holidays easier:

1.       Communication: Prior to the exchange make sure you communicate with the other parent so you are both on the same page as to upcoming exchanges. However, communication doesn’t stop there. The other parent will want to know where you will be staying and a basic itinerary, if traveling. Remember, they are not trying to be nosy; they just want to know where their kids will be. Provide such willingly and have a phone number they can be reached at. It is a good idea to have this typed up and prepared before the exchange.

2.       Agreement: When discussing the holiday schedule make sure that all parties are on the same page. There is nothing worse than having different ideas on what is to occur so make sure the two of you fully agree on what is to occur. If the parties are high conflict, this may require each to pull out their parenting plan and go over it in detail. Many attorneys would gladly review the document for little to no fee so do not hesitate to ask.

3.       Inform: Once the parties have reached an agreement and communicated such to each other, draw up a holiday schedule and send a friendly reminder to the other parent. This will serve as a confirmation and allow both parties to work off the same calendar. Additionally, you should post the Holiday schedule in your home so the kids can see it and know what to expect. Remember, when discussing schedules with your children it is important not to give them the power to decide. Transitions should be smooth and the only surprises that should take place, are those found under the tree on Christmas morning.

4.       Adapt: Being a parent means being able to adapt to the situation. Remember to be flexible during the holiday season as not everyone will plan as well as you. The same family members that just dropped in from out of town or who always showed up late while you were married is still up to their antics. As a result, don’t punish the kids by enforcing a rigid schedule. It may be the only time of the year the kids get to see that family so make it work.

5.       Consideration: Consider your family during this time. When the two of you decided to split, you didn’t ask your family’s permission. However, you should ask permission when making your holiday plans. Make sure that you don’t add too much pressure to your family to be when and where you want them. The season is stressful enough and you don’t want your own family upset because the world now revolves around your divorce.

These are just a few tips and they may not apply to your situation, but remember this, divorce and separation is never easy and you cannot continue to live your life the way it was before. Expenses need to be cut back, activities cut in half, and understanding and cooperation doubled. Whatever your situation may be, you should always consult an attorney before taking drastic action.

DON'T ALWAYS BELIEVE WHAT YOU THINK

Recently I had the opportunity to be lead counsel on the largest white collar crimes case tried by the Attorney General’s office in three (3) years. It was an eight (8) day jury trial that cost tens of thousands of dollars and left 12 jurors deliberating for a day and half. Needless to say, it was a daunting task for any criminal defense attorney. When all was said and done, and the dust had cleared, the Defendant, Edna Kay Jackson, was found guilty on seven (7) counts, not guilty on four (4) counts, and received a complete dismissal on the 12^th count. We considered it a victory under the circumstances, and the Defendant now stands a chance of little to no jail time in the wake of the conflicted jury.

However, not everyone will get that story. Initial news coverage reports Jackson to be guilty as charged, with little hope of alleged victims seeing restitution. While the story was better, the truth was lacking, and from the depths of this spin of the truth comes the wayward misconceptions of the public. One particular member of the public was a family member, choosing to give me the silent treatment, and speak poorly of my profession. Again I am disappointed at the perpetual chain of misconception brought forth by the misrepresentations of the media.

Let us be clear that the purpose of the law is to provide justice, not just for victims, but those accused. Just recently my wife found herself wrongly accused of a seemingly meaningless act; a traffic violation that would go uncharged, but would create a sense disappointment in our law enforcement by an otherwise trusting person. I too witnessed that same disappointment in the jury panel of this trial. Of the close to 100 people on the potential jury panel, nearly every hand was raised when asked the question, “Does the fact that the defendant is charged with a crime, make her more likely guilty in your mind?” A yes answer here leaves me deflated and concerned that our system of “innocent until proven guilty” not only lacks in reason, but in application. If not for family members that judge without knowing, if not for media who spins the truth, if not for citizens who assume the worst and have misplaced trust in our government, do we even need attorneys?

I set here today confident in our legal system, but weary of our masses. I only urge the public to do their research and believe what they know, not what they think.