The Backer Law Firm, LLC | Missouri Law Blog

Helping you address concerns of nursing home abuse

On behalf of The Backer Law Firm, LLC posted in nursing home abuse on Friday, September 6, 2019.

We all age and it is a part of life that we must accept. Nonetheless, many of us are not prepared to deal with what comes with a longer life expectancy. While residents in Missouri and elsewhere attempt to accommodate and help aging loved ones, the reality is that many are unable to take on this task. Because of this, nursing home facilities are relied on to provide the care a loved one requires.

When one makes the decision to place a loved one in a nursing home, there tends to be a lot of pressure to place them in the best facility possible. Unfortunately, this is a concern that things could go wrong; especially since occurrences of nursing home abuse and neglect are becoming more and more prevalent. At the Backer Law Firm, LLC, our attorneys are well versed in this area of law, and our law firm is prepared to help those concerned with nursing home abuse navigate these matters.

How does negligence apply to motor vehicle accident claims?

On behalf of The Backer Law Firm, LLC posted in motor vehicle accidents on Thursday, August 22, 2019.

Sometimes car accidents happen during your daily commute. Other times they happen on your way to the grocery store or coming home from a party. Ultimately, though, most of the time no one anticipates being involved in a motor vehicle accident on any given day. Unfortunately, Missouri is no stranger to car crashes. When a person is involved in an auto accident that leaves them with injuries, they may want to pursue a legal claim against the responsible party.

In general, motor vehicle accident claims are based on the legal theory of "negligence." Motorists have a legal duty to drive reasonably under the circumstances. If they breach this duty, and the breach is both the actual and proximate cause of an accident that injures or kills another person, then the motorist may be responsible for compensating the accident victim for any damages suffered. It is the plaintiff in a negligence case who carries the burden of proving that the defendant was negligent and that all the elements of a negligence claim are met. Only once these legal elements are proven can compensation be recovered.

3 benefits of following the 3-second rule

On behalf of The Backer Law Firm, LLC on Tuesday, August 20, 2019.

As summer slowly turns into fall, you must prepare for winter driving. Remember, when ice accumulates on roads, highways and bridges, your vehicle may require a greater distance to stop. As such, you may want to take the end of summer to refresh your driving knowledge. Specifically, you should be sure you understand the three-second rule.

When you drive on Missouri’s roadways, you have a responsibility to act reasonably. Following the three-second rule is part of this obligation. That is, you should allow three seconds to transpire between when the car in front of you passes a stationary object and when you do. Here are three benefits of complying with the three-second rule.

Can semi-trucks drive in the left lane on Missouri highways?

On behalf of The Backer Law Firm, LLC posted in commercial truck accidents -- plaintiff on Thursday, August 8, 2019.

In general, on freeways with at least two lanes of traffic in each direction, the left lane is the passing lane. Sometimes, however, semi-trucks drive in the left lane, making it difficult for other vehicles to pass, and frustrating those who are driving behind the semi-truck.

There are rules regarding whether a semi-truck driver can drive in the left lane, although these rules vary by state and even by city. In Missouri, semi-trucks cannot use the left lane on interstate highways, freeways or expressways in urban areas that have at least three lanes of traffic. This applies to vehicles used in the transportation of goods weighing over 48,000 pounds, freight vehicles and vehicles that carry eight passengers or more, except for vanpools and shuttle buses.

Federal bill would address robo and spam call abuse

On behalf of The Backer Law Firm, LLC posted in telephone law (tcpa)/robo and spam call abuse on Thursday, July 25, 2019.

In June of this year alone around 4.4 billion robocalls were made in the U.S. This is frustrating and annoying to those in Missouri and elsewhere who find themselves on the receiving end of a robocall, especially when these calls constitute robo and spam call abuse. However, a federal bill addressing this situation, known as the "Stopping Bad Robocalls Act," is moving through the legislative process. It has been approved by the House Energy and Commerce Committee and is now awaiting a vote by the U.S. House of Representatives.

Under this bill, the Federal Communications Commissions must enact regulations regarding automatic dialing systems and artificial call messages that currently allow scammers to get away with sending out millions of calls. The bill would require that those who wish to use robocalls provide proof that they have the permission of the person they're calling to do so, and it would also permit people to withdraw their consent to robocalls.

Report says Missouri is the 48th worst state for teen driving

On behalf of The Backer Law Firm, LLC posted in motor vehicle accidents on Thursday, July 11, 2019.

As parents of teenagers may already know, teens generally do not have the same maturity that adults do. This immaturity combined with a sense that nothing bad could ever happen to them may cause teens to driver recklessly, leading to a motor vehicle accident. Even responsible teens can cause car crashes due to mere inexperience. In fact, one recent report states that Missouri is a particularly bad state when it comes to teen driving.

According to the report, Missouri ranks as the 48th worst state for teen driving in two of the three categories the report analyzed. One category was "safety." This category analyzed fatal car accidents, drunk driving and using a cellphone while behind the wheel. The other category was "driving laws." This category analyzed state laws regarding drunk driving and distracted driving, and how lenient these laws treated drunk driving violations.

How to minimize medication problems at the nursing home

On behalf of The Backer Law Firm, LLC on Monday, July 1, 2019.

Medication irregularities are not exactly uncommon in nursing homes. When professionals administer medication correctly, your loved one’s quality of life likely improves. Unfortunately, though, you cannot always trust nurses to behave responsibly. In fact, some health care professionals rely heavily on sedatives to control patients.

While placing an aging parent in a nursing home can be a difficult decision, you want to be sure your parent receives proper care. Put simply, medication irregularities are often evidence of nursing home neglect or abuse. Here are four ways to minimize medication problems at the nursing home.

Are you a would-be plaintiff in a commercial truck accident?

On behalf of The Backer Law Firm, LLC posted in commercial truck accidents -- plaintiff on Thursday, June 27, 2019.

When the average person thinks of the justice system, they think of a criminal court proceeding. However, there are many facets of the legal system that don't include that exact narrative. You may have never thought that you would become a plaintiff in a lawsuit. However, if you were personally injured after a collision with a commercial truck in Missouri, you may be a candidate for personal injury damages.

And rightly so, especially since a truck accident injury can negatively alter a person's life for months or even years. Beyond the fact that a person's health and well-being is harmed due to truck accident injury, a truck accident injury can also impact a person's ability to earn a living to support themselves and their family. This could be a short or long-term reality after a person's health is impacted in a commercial truck accident. As this isn't generally a situation that happens twice in a person's life -- most truck accident victims have many questions about their legal options following the crash.

About premises liability and negligent security

On behalf of The Backer Law Firm, LLC posted in premises liability -- negligent security on Friday, June 14, 2019.

Personal injury can happen in the most unexpected ways. Many could imagine being injured in a car accident or possibly at work, but most never imagine that they could walk onto a person or company's property and be injured there. Property owners have a duty of care to those who visit their property - especially business owners. Failure to uphold a certain level of care can mean a person could seek damages for injuries rendered.

Part of taking care of your property, for some, means having adequate security patrolling the grounds. This can mean different things for different properties, but it ensures that the tenants/employees/customers that enter the property can be safe and secure. Most importantly, adequate security ensures that those who enter a property and kept watch of thus are better protected from harm.

Mentally ill patient at nursing care facility sexually assaulted

On behalf of The Backer Law Firm, LLC posted in nursing home abuse on Friday, May 31, 2019.

When we think about nursing homes, we often think about a care facility for the elderly. However, there are people of younger age who need care in a similar fashion, but for different reasons.

In addition, we often think of the topic of nursing home abuse as being physical abuse, meaning neglect or a mistake that results in injury. However, nursing home abuse can also be emotional or even, sexual.

At The Backer Law Firm, We’ve Got Your Back.

Missouri Law Blog