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. 

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.

Texting and Driving in Missouri... Is it legal? Can I get in trouble? Will I get caught?

Currently texting and driving is only illegal for persons 21 years of age and under. However, new legislation recently was passed, by an overwhelming majority, through the Missouri House of Representatives that would make texting and driving illegal for everyone, exceptions noted. What does this mean? While the Senate still must pass the legislation, it may mean that our roads will soon be safer. Safety issues aside though, how do you enforce legislation like this, and what will be the actual impact on citizens?

We have all been driving down the road and pulled up next to that person barely paying attention to their driving as they text vigorously on their phones. I usually give them a little honk to say hello. And while an officer viewing the crime of texting and driving would certainly be enough, rarely will they get that opportunity. The fact of the matter is, that all of us, whether guilty of a crime or not, straighten up when the law is around. The simple sight of an officer in your rear view mirror is enough to make you extra vigilant in your driving. Likewise, people put their phones away and do their best to keep it between the mustard and the mayonnaise. But once that officer is gone, back to the phone they go, with little concern for the law.

Legislation such as this is almost impossible to enforce. The evidence at trial is almost always he said she said testimony and the officer generally will win that battle. That being said, how do I beat a texting and driving ticket at trial? The safest bet is to make sure that you always have someone with you who can testify t such. While an officer has no motivation to lie, two people's testimony is almost always more powerful and the two individuals in the vehicle would certainly have more knowledge on the matter. But even further proof would be in the phone records themselves. Make sure that the officer notes the time of not only the stop, but the alleged law violation. If your phone company has done their job then you could show easily that you were not texting at the time of the stop.

Whichever courses of action or strategy you decide to take remember to always contact an attorney to assist you.

The choice of an attorney is an important decision and should not be based solely on advertisements.

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Should I testify at trial?



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Mark Twain once said, "If you tell the truth you won’t have to remember anything." Never is this so true than in the Court of law. I have had an unusually high number of trials lately; most cases simply never get that far. However, with trials comes the inevitable struggle over truth. The most amusing aspect being those people who have decided to lie, but could not commit to it. There is a special place in the Guinness book of idiots for those people, the cover.

Lying never really gets you what you want. At best it gives you a lifetime of worry and covering your tracks. So why is it that we decide to lie so often? Many believe it to be compulsive while some point the finger at shame. I think people are just scared. Scared of what might happen, of what people might think, of what Judges might rule. While these concerns are legitimate it doesn't justify the end.

No matter your situation I ask that you consider your words. Quick responses aren’t always necessary, and many times end up in disaster. Hold tight to the idea that a person is only as good as their word, and try to be the best you can. I give my client's three (3) rules to follow when testifying in Court. (1) Answer only what's asked. The more you talk, the more you lie, and you shouldn’t assume you know the direction the attorney is taking you. (2) Don't play games. The simple truth is that this is a game you can’t afford to lose, and knowing that the attorney has all the rules and you don't make that prospect just too risky. Finally, and most importantly, (3) always tell the truth. A person who tells the truth never has to remember the facts, and most often, that’s why you are there. Those little hesitations in your voice are what gives it away, so make sure to be confident in your answer. There is nothing worse than telling the truth, and no one believing you.

To that end, I feel like I can learn more about a person in a trial than I could in any other setting. Not because of what they tell me, but rather what they don’t tell me. The truth is sometimes ugly, but it is always better than a lie.

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Joel Harris is an Attorney in Nixa, MO and serves the Springfield area. He engages in a variety of different legal activities including Divorce & Custody, Criminal Law, Traffic & DWI, and Auto accidents.

The Separation of Church and State, what does it mean?

     A friend of mine posted on facebook this morning that our nations additions of "God" to our countries pledge, currency and motto, are in direct defiance of the words of George Washington and John Adams, who purportedly state that the USA is not a Christian Nation. While I disagree with the statement as a whole, I could agree with the premise that the USA is not a Christian Nation. As the son of a preacher, raised in the gospel, I can feel the online cringe of ye fellow Christians. However, as a man of the law, and one of reason, I must expand.

Our country is not a Christian nation, rather, it is a country built by Christians. The purpose of the separation of church and state were not to take God or moral decision making out of our government. Instead they are used to give credence to the idea that this is a free nation. Government and Church are to be governed separately, but like any fluid concept it is understood that the two must co-exist. How is it that we can develop laws or punishment without the guidance of morality? How is it that we can lead spiritually without the legal protection to do so? While the two are separate they are not void from each other’s workings. We find government in every aspect of the church. We find church in every aspect of the government. Not as a gold standard of decision making, but as guidance and a source of strength.

People and organizations such as the ACLU do not seek to remove religion from government. In fact, just recently they procured Muslim rights of prayer for workers, and even were present during the mosque discussions at ground zero. Instead, the ACLU and like minded supporters seek to take “God” out of government. A distinction that contradicts our very existence as a free country.

The truth is simple. We as a people have been drawn to a Christian faith that provides the type of moral guidance that helped build America. The important thing to remember is that God understood the importance of free will and with that gave us the decision to blaze our own path. We too as a country have adhered to the concept of free will. However, that free will should not be threatened by the mere existence of religion in government, rather, it should be threatened by our removal of religion from government. For a nation without religion is no nation at all. It will only be a group of people seeking guidance from those most powerful. And with that gives the fall of humanity.