Archive for October, 2013

Winter is Coming, Put on Your Boots

Thursday, October 17th, 2013

The days are getting shorter, and it is definitely getting cold outside. While the ground is not yet white with snow, it is a good time to think about making sure that you have good winter boots on hand for when the flakes start to fly. While winter boots cannot prevent all winter weather related slip and fall injuries, they can go a long way towards helping you stay on your feet when you encounter ice, slush, or other slippery conditions underfoot.

Slippery walking conditions could be present anywhere, this winter. If you own and maintain your home, you probably know which areas of your driveway and entry area get slick when it snows. Keeping these areas clear and treating them with sand or salt if necessary can help you and any visitors to your home to stay safe.

When you go out, be aware that slippery conditions may exist in parking lots, on sidewalks, in entryways, and in many other places. The owners of the places that you go have a duty to use reasonable care to keep their property safe. In the winter, this means checking the property often to look for and address hazards like ice, snow, and wet floors.

Despite the duty that property owners owe to the public to keep their facilities safe, dangerous conditions do sometimes arise that are not addressed for some period of time. If you do slip and fall this winter, seek medical attention for your injuries right away. Some injuries, especially those to the neck and back, as well as some types of brain injuries, are not always readily apparent in the hours and days following a slip and fall. Getting prompt medical attention can not only help you to take care of any injuries that you do feel right away, it also creates a record of medical treatment that you can rely on as needed when negotiating a fair settlement with an insurance company.

Aside from getting prompt medical attention following your slip and fall accident, make sure that you report it to the property owner. It is a good idea to keep your discussion with them brief and avoid discussing too many details about what happened, as they are an adverse party who could potentially be liable to you for your injuries, If the property owner does try to have you complete an accident report, make a statement, or fill out any other paperwork regarding the accident, let them know that you wish to review the paperwork with your attorney before you complete it.

If you can, take pictures of the dangerous area, and write yourself some notes about what happened. Don’t forget to take pictures of your feet, wearing your winter boots, and don’t forget to mention the fact that you were wearing winter boots in your account of the accident. Wearing winter boots shows that you were taking appropriate measures to keep yourself safe in light of the wintry weather conditions, and this could prevent you from being found partially or completely responsible for your injuries.

If you have been injured in a slip and fall accident, an experienced Kansas personal injury lawyer can help you to obtain a settlement that will enable you to recover physically and financially from your injuries. To learn more about how a Kansas personal injury lawyer can help you recover from your slip and fall accident, call our Wichita office today at (316) 264-1548.

Can I Contest My Kansas License Suspension?

Thursday, October 17th, 2013

When you are arrested in Kansas for driving under the influence of alcohol, you may contest the suspension of your driver’s license, in addition to defending yourself against the criminal charges that have been filed against you. While contesting a license suspension is not an option for every driver who has been arrested for driving under the influence, a DMV hearing is available to those Kansas DUI defendants whose civil rights may have been violated during the traffic stop which led to their arrest.

Your civil rights may have been violated during a traffic stop if there was not a valid reason, such as speeding, running a stop sign, or failing to stay within your lane, for the law enforcement officer to initiate the traffic stop. Even if there was a valid reason for the traffic stop, the officer may have violated your civil rights if they conducted the traffic stop as a DUI investigation when they had no reason to believe that you were driving under the influence of alcohol. If you participated in roadside chemical testing, it may have been done improperly, and in violation of your civil rights. If you refused to submit to roadside breath or blood testing, were you given the implied consent notice before you refused? If not, your civil rights may have been violated. Likewise, if you were not read your Miranda rights before you were arrested, the officer may have violated your civil rights.

If you have been arrested for driving under the influence of alcohol, you have a limited time within which to request a DMV hearing to contest the suspension of your driver’s license. You must file a written request for a hearing with the Kansas Department of Revenue within fourteen days of your arrest. If you do not request a hearing within those fourteen days, either because you did not submit your request in time or because you do not feel as though your civil rights were violated during the traffic stop which led to your arrest, then your license will be suspended.

At a DMV hearing, the burden of proof is on the defendant to show that their civil rights were in fact violated during the traffic stop which led to their arrest. If you are unable to prove that your civil rights were violated, your license will be suspended for a minimum of thirty days. Since some civil rights violations are easier to prove than others, and an experienced Kansas DUI defense lawyer knows which kinds of evidence to present at a DMV hearing in order to prove them, it is important that you attend your DMV hearing with a Kansas DUI defense lawyer by your side. You are likely to hire a Kansas DUI defense attorney to help you fight the criminal charges that you are facing, so why not use their legal expertise to fight for the timely return of your driving privileges, as well. To learn more about how a Kansas DUI defense lawyer could help you to get your driver’s license back as soon as possible, call our Wichita office today at (316) 264-1548.