The Johnson Law Firm, LLC

Saint Peters Legal Blog

Nursing home neglect might be due to lack of staffing

For Missouri families that place their elderly or ill loved one in a nursing home, there is an inevitable concern that the treatment will not be sufficient to provide them proper care. Often, that worry stems from the possibility that nursing home abuse or neglect will take place. One issue that is rarely considered is that the facility itself will not be adequately staffed. The failure to have enough people to care for the residents can cause major problems with their health and well-being.

It is coming to light that most nursing homes do not have the number of staff they purported to have. This can lead to residents not being watched and not provided with their medication and the care they need to remain safe and healthy. Federal statistics show that nursing homes have not had the number of staff that it was reporting to the federal government. There were inconsistencies in the workers who were at these facilities day to day. For days that were considered the worst, people were taking care of close to twice as many people as they were when the staff was at its maximum.

Infotainment systems carry distracted driver risks

In Missouri and across the nation, distracted driving is a dangerous behavior that is the catalyst for a litany of auto accidents, injuries and loss of life. While drivers, law enforcement and legislators are cognizant of the issue and are taking steps to mitigate, reduce and stop it, it is unavoidable that drivers will be distracted. How they are distracted is also expanding from people using their smartphones to eating. This must be considered when there is an auto accident and the investigation is seeking to determine if distracted driving was a cause.

A study from the AAA Foundation for Traffic Safety indicates that infotainment systems are leading to people becoming a distracted driver. In the study, different kinds of infotainment systems were examined to determine the level of distraction while using them. Google's Android Auto and Apple CarPlay were not as distracting as systems that were installed by the car manufacturer. That, however, does not imply that using these systems is safe just because one type is safer than the other. All types make it risky when using them while driving.

Focus on elder abuse meant to shine light on the problem

With the passage of time, Missourians will inevitably experience the increasing need to care for elderly loved ones. Some will care for their elderly relatives themselves; some will hire a person to come to the home; while others will need to place the elderly person in a facility so professional care can be given. It is an unfortunate reality, however, that elder abuse is growing more and more common. Knowing what steps to take when there is a belief that this is happening is critical.

In an effort to highlight the issue and find strategies to recognize and stop it, World Elder Abuse Awareness Day was held in mid-June. Although most people who care for elderly people will do so with kindness and understanding, there will still be incidents of abuse. This comes about in a variety of ways, and it is important to recognize when it might be occurring.

Understanding Missouri’s new expungement laws

As of Jan. 1, 2018, Missouri’s new expungement laws went into effect. If you have a criminal conviction on your record, this new law may be just what you need to get that conviction expunged. If you are successful in your expungement attempt, not only does your conviction disappear from your record, you also have the legal right to say that you never received a conviction for the expunged crime(s).

In repealing Sections 488.650 and 610.140 of the Revised Statutes of Missouri and enacting new expungement laws in their place, the Missouri Legislature, however, not only substantially expanded the list of expungement-eligible crimes to about 1,900, it also added approximately 90 expungement-ineligible crimes. Consequently, the new laws are a double-edged sword depending on precisely what convictions you seek to expunge from your record.

Missouri ranked as risky for teens and potential for a car crash

Teens from across the nation are excited to receive their driver's licenses and get out on the road. This is universal and not just in Missouri. However, the basic dangers of driving and sharing the road with others are exacerbated by different factors, including the age and experience of the driver. Since teens who are new to driving will generally not have the experience necessary to understand how to be as safe as possible, it is inevitable that the inexperience combined with other risky behaviors will lead to crashes.

Studies are conducted to examine the potential for danger when on the road, and one study examined the statistical frequency of accidents and more for teens. It found that Missouri is one of the worst states for teen safety when they are on the road. WalletHub, a website that focuses on personal finance, looked at every state in the union. 23 different metrics were used to come to its conclusions, including the number of deaths with teens on the road, how much it cost to fix cars after crashes and the laws for impaired driving.

Fatal accident kills two construction workers when cable breaks

Risk is an inherent part of doing construction work or any physical job in Missouri and other states across the nation. These jobs generally require that the workers do certain things that place them in jeopardy as part of completing a project. It is also dangerous when repairs are being done, as they are frequently necessary at great heights. It is an unfortunate reality that accidents happen. In some instances, they lead to injuries. In others, they result in the loss of a loved one in a fatal accident. When this happens, the family must be cognizant of their needs in the present and future, as a wrongful death legal filing might be needed to receive compensation.

According to recent reports, two workers that were in an elevator shaft died when the basket they were in fell six stories. The men were contractors and were working on a construction project at the time. They were 58 and 44. According to the investigation, the men were cutting pipes, and an accident happened, causing the basket to fall. It is believed a cable designed for safety broke. At this time, it is not known why the cable broke. The men had worked in construction for two decades each and were said to have experience in this type of work. A new piece of equipment was being used for the first time on this project. The Occupational Safety and Health Administration or OSHA is investigating the accident.

Fatal accident statistics look at Memorial Day in Missouri

Holiday weekends in Missouri mean there will be more people on the road, more people taking part in various recreational activities and more traffic overall. This increase can result in more accidents. Some of these can be so severe that they result in a fatal accident. Statistics are maintained to assess the accidents, determine their cause and to try and find ways to improve safety. Comparing one year to the previous one is also useful. For those who have been injured or lost a loved one, this information can also be important when considering a wrongful death legal filing to be compensated.

During this past Memorial Day weekend, there were nine deaths. In 2017, there were also nine fatalities. The statistics began on Friday at 6 p.m. and ended at 11:59 p.m. the following Monday - Memorial Day. Overall, there were 124 people injured and eight deaths in 294 total motor vehicle accidents. In 2017, there were 345 accidents. 128 people were injured and nine died. A concern in any accident is whether there was alcohol or drugs involved. For 2018, there were 102 drug charges and 121 DWIs. The year before, it was 125 for drugs and 107 for DWI.

Auto accident with motorcycle injures riders; driver arrested

Motorcyclists are at risk of being injured or killed in an accident in Missouri and across the nation. Every time they go out on the road on their bikes, they are placing their trust in other motorists that they will obey the rules of the road, keep a close eye on them and give them sufficient room to maneuver and remain safe. Unfortunately, there are many drivers who do not follow the basic rules and even violate the law when encountering motorcyclists. This can lead to accidents with serious injuries and fatalities. After a biker has been injured or a family has lost a loved one in a motorcycle crash, it is crucial to understand the steps necessary to file a lawsuit for compensation.

A crash between a car and a motorcycle sent the two people on the bike to the hospital. The accident happened in the mid-afternoon hours. According to the investigation, the 56-year-old driver of the car turned into the path of the motorcycle and the bike hit the car. The male rider, 61, and his female passenger, 59, were hospitalized. As law enforcement checked on the driver, they found that he was under the influence of drugs. He was cited for that, for driving carelessly and imprudently and for not having insurance. He was arrested for these violations.

Latest truck accident data shows increase in number of deaths

The roads in Saint Peters and across Missouri will inevitably have trucks sharing the road with conventional vehicles. Since trucks are so common, many people treat them as if they are part of the background and do not think about the dangers of an accident. Despite this, the risk is still present and a crash with a truck can lead to severe injuries or death. Because these vehicles are so large and fast, any impact will be exponentially worse than they are with a smaller vehicle. The tracking of statistics for truck accidents can be beneficial for trying to avoid future trucking accidents.

A recent report from the Federal Motor Carrier Safety Administration discussed the accident frequency of large trucks and buses. It showed that there was an increase from 2015 to 2016. In 2016 there were 4,213 large trucks involved in 3,864 accidents with a fatality. In total, 4,317 people died in these accidents. This is a rise from 4,074 trucks present in 3,622 fatal accidents the year before.

Speeding drivers, other risky behavior can cause a truck accident

Missourians who encounter large trucks on the road might be intimidated by their size and the speeds at which they travel. It can be scary to share the road with these large vehicles and imagine the aftermath of a crash with one of them. Since they dwarf conventional vehicles, a truck accident can lead to serious injury and death. While some accidents are unavoidable due to circumstances, others happen due to truck driver behavior. When there is a trucking accident, the reason it occurred can be a key factor in a claim for compensation. Research can help to determine why these incidents occur.

SmartDrive Systems used video analysis to study truck drivers and their behaviors. It found that truckers who drive at excessive speeds are at triple the risk of failing to drive at a safe distance when following other vehicles, have a 45 percent greater chance of being in a near crash, and are 2.5 times more likely to drive while distracted when compared to truckers who do not speed. In its research, SmartDrive formulated a SmartIQ report to examine speeding. In it, there were more than 220 million vehicles studied as part of the analysis.

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The Johnson Law Firm, LLC

220 Salt Lick Road
Saint Peters, MO 63376

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