This is important: do not provide authorization.

“Why?” you might ask. “It’s my own insurance company.” That may be true, but there’s nothing certain about car accidents and insurance benefits until all claims are resolved. Technically, the at-fault driver’s insurance will provide compensation for medical treatment and car repairs, but if there’s no clear fault assigned, both drivers’ insurance companies will limit their liability as much as possible.

That’s where your medical records come in. Here’s the key thing to remember about medical authorization releases: unless otherwise stated, they provide total access to your medical history. If you have any part of your medical history that insurance companies could use to argue against you, then your claim may be devalued and you’ll lose your ability to collect all of your benefits.

For example, if you suffered a neck injury in your crash, that could result in substantial compensation for you: physical therapy, chiropractic care, rehabilitative items like neck supports, etc. However, if your insurance company finds that you had a neck sprain a year or two prior to your accident, even if it doesn’t factor into the crash, they may use the information to lower your benefits.

HOW HAVING AN ATTORNEY CAN HELP YOU

It is possible to provide a partial release that only provides adjusters with the records that have to do with your car accident and nothing more. However, doing so requires an understanding of the medical records and insurance systems. Otherwise, you run the risk of opening yourself up to a loss of privacy regarding your medical history.

That’s why turning to a car accident lawyer in Kansas City is so vital for our clients—we protect their rights against insurance companies before a trial case becomes a possibility. By protecting your privacy early in the process, we can keep your claim as strong as possible, whether or not you pursue compensation in court.

If you’ve been in a car accident recently and you want to make sure your rights are protected, contact Adler & Manson today. We have more than 65 years of combined experience fighting for Kansas City residents, and we’ve secured more than $80 million for our injured clients. Call (816) 333-0400 so we can speak in a free legal consultation to discuss your options and begin work on your behalf.

A man on a motorcycle was riding on a highway with a GoPro camera attached to him. As he was riding down the road, another motorcycle suddenly approached him in his lane of traffic. It had crossed over the center line and threatened to crash into him head-first. While they were able to avoid a head-on crash, the man with the camera went tumbling after his vehicle swerved into some dirt on the side of the road as he successfully avoided the negligent motorcyclist.

A search is underway for the unsafe motorcyclist who threatened the life of the man with the camera attached while he was riding.

The use of the camera is not only a very smart decision by the motorcyclist, but it should be a practice that every motorcyclist adopts. Clear evidence isn’t always easy to come by. Video evidence, though, could clearly show what happened during a motorcycle accident, offering the victim (or victims) in a motorcycle wreck to show a civil court that he or she deserves damages or compensation for the injuries he or she suffered at the hands of a negligent driver.

Source: ABC 7, “Man captures terrifying motorcycle crash on GoPro camera mounted to helmet,” Elex Michaelson, April 22, 2015

So to get a grasp on how frequently these wrecks occur in the United States, let’s take a look at how many motorcycle accidents happen every year in the U.S., as well as some other pertinent information in regards to motorcycle use.

In 2012, nearly 5,000 people (4,986) died in motorcycle accidents in the U.S. One year later, that figure declined by 6.4 percent to 4,668 fatalities. Injuries in motorcycle accidents also declined during this time. In 2012, there were roughly 93,000 injured motorcyclists — but in 2013, that figure dropped to roughly 88,000.

But the crucial figure in these statistics is the death rate for vehicle occupants per mile traveled. According to the data, in 2012 motorcyclists were 26 times more likely to die in a crash than a passenger car occupant per mile traveled, and they were 5 times as likely to get injured in a crash as a passenger car occupant per mile traveled.

Even with motorcycle fatalities and motorcyclist injuries on the decline, it is clear that motorcyclists are still in a very vulnerable position out on the road.

Source: Insurance Information Institute, “Motorcycle Crashes,” Accessed March 12, 2015

It goes without saying that drinking and driving is something that no one should ever do, and while the motorcyclist is clearly the victim here, he also shouldn’t have been out on the road driving. Still, despite this clash of ideas, he is certainly the victim of a terrible accident that we’re sure the 37-year-old woman greatly regrets. It was concluded that the woman failed to yield to the motorcyclist when the unfortunate wreck occurred.

What happens from here will certainly be interesting. The woman will face criminal charges, but will the family and loved ones of the 56-year-old file a civil lawsuit on behalf of the victim? Could the man’s intoxication complicate the matter?

The big thing to learn from this story is that drunk driving accidents can yield criminal and civil legal action. The drunk driver will almost certainly face criminal charges, barring unforeseen (and extreme) circumstances. And they will likely be sued in civil court by the victims of the accident or their loved ones. For those who are considering such legal action against a drunk driver, you need to consult an experienced personal injury attorney to make sure your case is properly handled.

Source: Kansas City Star, “Charges filed in fatal motorcycle wreck in Kansas City,” Jan. 29, 2015

What we’ve just described is how many motorcycle accidents happen, even though most people probably immediately think that the motorcyclist is somehow at fault for a wreck when they hear the phrase “motorcycle accident.” Motorcyclists aren’t inherently reckless or dangerous. They are people, just like you and me — and when they are involved in an accident, they are at a vastly increased risk of suffering major injuries.

Motorcyclists often suffer catastrophic or even fatal injuries, such as devastating abrasions, broken bones, neck and spinal injuries, and head and brain injuries. Any or all of these injuries have a high likelihood of changing a person’s life forever, or claiming it altogether.

If you are a motorcyclist in the Kansas City area and you have been victimized in an accident by another driver, then you have to consider your legal options. You could be entitled to some compensation via a personal injury lawsuit, and we at Adler & Manson could help you achieve the outcome you deserve in that lawsuit. We have extensive experience handling motorcycle accident cases, and we will do everything we can to make sure you get the justice you crave.

Because of their small size and lack of safety features, a collision between a motorcycle and a car often leaves the motorcycle driver with serious or fatal injuries. According to a report that was released last month, serious and fatal motorcycle accidents appear to be on the rise.

Perhaps the main reason for this is that motorcycle riding also seems to be on the rise throughout the country, with more older and affluent riders choosing the less-traditional mode of transportation.

According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration, nearly 5,000 people were killed in motorcycle crashes in 2012, the most recent year for which data is available. That represented a 7.1 percent increase from the year before.

Injuries sustained in motorcycle accidents were also on the rise from 2011 to 2012. In the latter year, there were 93,000 motorcyclists injured in accidents, which was up from 81,000 injuries in 2011.

Finally, the report showed that there were an estimated 8.5 million motorcycles on the road in 2012, which was an increase from 8.0 million in 2009.

All too often, the public likes to place the blame for motorcycle accidents on the rider. However, in many cases, serious motorcycle accidents are caused by drivers who don’t see or fail to yield to motorcycles. An investigation is often needed to determine the true cause of a crash.

Under the law, motorcycles have the same right to the road as cars, and we need to remember that as a society.

However, with an increase in motorcycles on the roads will also come an increase in motorcycle accidents. For that reason, motorcycle riders and other motorists will need to exercise caution, especially since motorists have not had to share the roadways with motorcyclists for several months.

As we reported in an article on motorcycle accident fatalities on our website, the number of fatal motorcycle accidents has been higher than usual in the U.S. over the past few years, with more than 5,000 motorcyclists losing their lives in accidents in 2012 alone.

These accidents are often caused by motorists who violate the right-of-way of motorcyclists, according to the National Highway Traffic Safety Administration. That’s why the federal safety group has been promoting campaigns that urge motorists to share the roads with motorcyclists.

Additionally, a report from the Governors Highway Safety Association indicated that there are two main factors that are linked to the rate of motorcycle fatalities: the number of motorcyclists on the roads and how safe the motorcycle travel is.

After a long winter, it is likely that Kansas City drivers will notice a surge of motorcyclists on the roads in coming months which is why everyone — motorists and motorcyclists alike — has a duty to put safety first.

For motorcyclists, that means always wearing a helmet, following speed limits and other traffic laws, and taking training courses. For motorists, that means always being on the lookout for motorcyclists, giving motorcycles plenty of space on the roads and using proper signals.

Because next month has been designated as Motorcycle Safety Awareness Month by the NHTSA, you can expect to hear more about motorcycle safety and accident prevention in coming weeks.

Although warming temperatures might be putting concerns about winter conditions to rest, motorcyclists and drivers alike should take time to think about safety. After months without having to worry about seeing bikers, drivers may suddenly have to be on alert. Motorcyclists should keep in mind that drivers may not be looking out for them.

These seasonal safety concerns call to mind an article we published about the growing number of fatal motorcycle accidents in the United States. According to a study released by the Governors Highway Safety Association, motorcycle fatalities increased by 9 percent between 2011 and 2012. This shocking year-over-year increase was part of a larger trend that emerged over the course of 15 years.

The article also discusses potential explanations for the startling jump in motorcycle-related fatalities. On a very basic level, increasing numbers of bikers on the road has probably influenced the number of accidents. The researchers believe that more people are buying and using motorcycles due to an improving economy and rising gas prices.

Even now, gas prices remain high. Knowing this, people may still be inclined to ride their motorcycle as opposed to their less-efficient vehicles. The unfortunately reality is that motorcyclists can only do so much to protect themselves against accidents. Even if a biker follows all the rules of the road, other motorists might fail to drive with adequate caution. When this happens, motorcyclists are put at risk of becoming involved in an accident and suffering catastrophic injuries.

A Missouri man was involved in a motorcycle crash one evening. Investigators reported that a 25-year-old man was driving a green Nissan Sentra when he proceeded to turn left to get on a bridge, but crashed into a couple who were riding a red Harley Davidson motorcycle.

The 66-year-old motorcycle rider, who was not wearing a helmet, was killed and his wife who was riding as a passenger, was critically injured. After the fatal accident, the 25-year-old man tried to flee and he ran down a hill being pursued by two witnesses. A man in the parking lot of a local restaurant caught the man and all three men held him until police arrived.

Police said that right before the crash, the 25-year-old man was involved in a road rage incident. They said he got out of his car at a signal light and shouted at the driver behind him for honking his horn when he didn’t go after the light turned green. The man is facing several charges, including Aggravated DUI Causing Death and was being held on $125,000 bail.

Accidents like the one in this case often involve a combination of inattentive motorists and the fact that motorcycles are usually smaller than other vehicles on the road. Motorists are advised to give motorcycle riders room and check blind spots. Drivers need to carefully watch for motorcycles, and always look twice before changing lanes or entering a roadway. For riders, the advice is to always use protective gear and pay attention to your riding, including riding at the correct speed limit.

Source: fox2now.com, “Road rage incident ends in fatal motorcycle crash” Shirley Washington, Sep. 16, 2013

Lane changes can be dangerous, even fatal as well, if you don’t notice what is around you. It is very important to check your blind spots and all around your vehicle before making a lane change, or you could find yourself in a car accident, sideswiping another car, or worse.

A new law intended to protect police officers, firefighters and emergency medical personnel was enacted in Missouri recently. This new highway legislation creates an offense of putting an emergency responder in danger.

Infractions for speeding or passing within an emergency zone when responders are present would carry a $250 fine, on top of any existing penalties. The violations would include speeding by at least 15 mph, using a lane not marked for motorists, and passing within an emergency zone. Fines will range from up to $1,000 if no one is hurt to $10,000 if a responder is killed.

Some of the most serious traffic accidents are collisions caused by speeding drivers and drivers making unsafe passes on multi-lane highways. These drivers take unreasonable risks, driving negligently, carelessly, and recklessly. Should it be found that a car accident could have been prevented if the proper precautions had been taken, the injured individual may want to consider contacting an experienced personal injury attorney to determine whether they have a car accident case.

Source: Kfvs12.com, “Highway law among Missouri laws taking effect” No author given, Aug. 27, 2013