Category Archives: Uncategorized

Bicycle Law, Bicycle Law News, Legal Articles, Missouri Legal News, Uncategorized

Top Ten Things to Do When You Are Hit By a Car on Your Bicycle

Top Ten Things to Do After a Bicycle Accident from St. Louis Bicycle Accident Attorney 

Cyclists are injured and killed by hit-and-run drivers every day. Today, a cyclist was killed while trying to cross the street after exiting a well known bike path in Fullerton, California. Police are searching for a black vehicle involved in a hit-and-run accident that left the bicyclist dead.  Police said the man that was hit appeared to have come off a popular biking trail and was crossing the street.  The vehicle fled the scene, and then the victim was hit by a second vehicle, which stopped.  The bicyclist was rushed to a local hospital, where he was pronounced dead shortly after.

Here is a checklist to follow if you are hit while riding your bicycle and are still able to function. If you were not able to function at the time of the accident, or your loved one was killed, it is imperative you or your family contact an experienced bicycle accident attorney immediately. Make sure your family knows who you want them to call in an emergency.  If you are a witness to an accident, please help the victim with the following top ten things to do after a cycling accident:

CHECKLIST FOR BIKE ACCIDENTS

1.  Get out of the road to avoid being hit a second time; however, if possible, take pictures (or have someone else take pictures) before the bike or car are moved.

2.  Get the phone numbers and names of all witnesses.

3.  Make sure to remember what if anything the driver, passengers, and or witnesses admit or tell you about the accident.

4.  Call the police immediately and make a police report.  Do not let the driver talk you out of making a report.

5.  Do not ignore your pain and blow it off. People are often hurt way worse than what they thought at the time of the accident due to adrenaline.  Go to an ER or doctor immediately if you have any pain. If you do not document that you are injured in medical records, you have no case for personal injuries.

6.  Ask to see the driver’s license and insurance information. Do not just let them write it down for you. Get the phone numbers to make a claim. Check the policy dates on the card to verify you have the correct insurance card. 

7.  Seek an estimate of your bike damage for repair and replacement value from a reputable shop like Maplewood Bicycle. http://www.maplewoodbicycle.com/.  Do NOT try to fix it on your own without first getting the estimate.

8. Do not destroy anything that could be evidence such as a cracked helmut, torn clothing, bloody shoes, etc.

9.  Do NOT give a recorded statement to the insurance company. They are NOT on your side and will try to trick you into saying something to use against you in court.  

10.  Call a bicycle accident attorney within 24 hours in order to preserve all evidence, to contact witnesses, to make sure the police have the correct story (in case a supplemental report is needed with your statement), and to let the insurance company for the driver know you are represented and cannot be bullied into a settlement that greatly undervalues your case.

Again, if you or your loved one are hit while cycling, contact Missouri Cycling Advocate and Bicycle Accident Attorney, Michelle M. Funkenbusch at 314-338-3500.   If you would like a FREE hour presentation to your community group, athletic club, or children’s organization, on Missouri bicycle law and safety measures, please contact Michelle.

Bicycle Law News, Missouri Legal News, Uncategorized

Missouri cyclist killed in accident during charity ride

A 48-year-old bicyclist from Independence died Saturday after he was struck by a vehicle while riding along a rural route of a charity ride east of Buckner.

Michael D. Forbes was riding west shortly after 8 a.m. on U.S. 24 near County Road H when a westbound car struck his rear wheel, according to the Missouri Highway Patrol.

Forbes was riding the route of the Freedom From Cancer Ride, a charity event that started at 7 a.m. in Independence and extended to Lexington and back. Forbes wanted to start earlier than the official race time, so he was actually headed back to Independence as hundreds of other riders were still riding east, said Chris Pace, the event’s coordinator.

Forbes was alone, so other riders didn’t see the accident, Pace said.

Troopers still investigating the bicycle/car accident cited inattention by the 32-year-old driver as a cause. The driver told troopers he had glanced down at his dashboard. When he looked back up, it was too late to avoid hitting the cyclist, said Sgt. Collin Stosberg.

Troopers are going to subpoena cellphone records from the driver as a routine part of the investigation, Stosberg said.

Evidence showed Forbes was on the roadway, according to the Highway Patrol.

The victim and his wife, who was volunteering at the event, are well known and liked in the cycling community, Pace said.

“It’s tragic all the way around,” Pace said. “He was a good guy. He’d do anything for anybody.”

Cyclists know their hobby can be dangerous, Pace said, especially with multiplying distractions inside vehicles.

“All I can say is try to ride in a group,” Pace said. “Try to make yourself a bigger target.”

SOURCE: BY CHRISTINE VENDEL, To reach Christine Vendel, call 816-234-4438 or send email to cvendel@kcstar.com.  Posted on Sat, Jun. 30, 2012 09:47 PM

Read more here: http://www.kansascity.com/2012/06/30/3684614/independence-cyclist-killed-in.html#storylink=cpy
If you are in need of a personal injury lawyer specializing in cycling accidents,  Contact Michelle M. Funkenbusch, Missouri’s Advocate for the Cyclists.
Bicycle Law News, Missouri Legal News, Uncategorized

Transportation-related bills from the 2012 legislative session passed and awaiting the governor’s signature

[UPDATE 8 JULY 2012: Bills signed or approved by Governor Nixon are indicated.]

A number of transportation related bills passed the Missouri General Assembly this year and are now awaiting the governor’s signature.

The Missouri Bicycle and Pedestrian Federation recently gave a summary of the bicycle and pedestrian related bills and issues that came up during this year’s legislative session.  Now an even larger list–all of the significant transportation-related bills, whether or not they include bicycle or pedestrian provisions.Missouri Capitol and bicyclists

Almost all of the bills are ‘omnibus’ bills containing somewhere between a few and many different provisions.  To see the full list of provisions, click through to the bill’s page. The list below points out only those provisions of special interest for bicycling, walking, or trails:

  • SB 470 – Optional 3rd license plate for use when bike rack or other obstruction obscures the rear license plate (Ryan’s law)
  • SB 568 – Cities are allowed to levy a transportation tax under 74.700 to 74.755 RSMO.  The tax can be used for mass transit, roads, streets, bridges, airports, and planning. SB 568 adds “sidewalks, trails, and community-owned parking” to the list of allowed items for the tax.
  • SB 607 – Allows billboards to be moved or removed under special rules when a stretch of highway undergoes construction.
  • SB 611 – temporary permit tags; yellow light duration; move over law
  • SB 665 – conveys certain real estate to MoDOT
  • SB 719 – motorcycle training course exemption; use of state park roads by commercial entities (ie, bike rental, canoe rental)
  • HB 1402 – Optional 3rd license plate for use when bike rack or other obstruction obscures the rear license plate (Ryan’s law); “moderate” billboard legislation requiring MoDOT to create regulations government digital signs; includes many other provisions
  • HB 1504 – authorizing additional funding for Great Rivers Greenway District for trails, greenways, parks, and improvement of the Arch district in St. Louis City, St. Louis County, and St. Charles County; authorizing creation of a Trails and Greenway District in Jackson County and creation of a sales tax to fund trails and greenways.  This is state enabling legislation–all taxes must be approved by voters in the respective counties before they become effective.
  • HB 1807 [signed by governor 6 July 2012] – Designates the bike/ped path on the Heart of America Bridge in Kansas City as the “Bob Watts Memorial Bicycle & Pedestrian Bridge”.  Bob was a pioneering bicycle and pedestrian advocate in Missouri and former MoBikeFed Chair.
  • HB 2004 and HB 2005 [signed by governor 22 June 2012 with one minor line-item veto in HB 2004] – Appropriating funding for MoDOT.
  • SCR 26 – Establishes the Joint Interim Committee on Transportation Needs to study the transportation infrastructure needs of Missouri

You’ll note that some provisions, such as Ryan’s Law, are included as part of two or more bills.  This is a common legislative tactic–each bill the language is included in raises the odds of that language passing at least once–and helps the provision survive a veto if one or more of the large omnibus transportation bills is vetoed.  So if a certain provision passes twice or more, it can only help and doesn’t hurt anything.

As an advocate for the protection of cyclists and pedestrians, I strongly urge you to support bicycling, walking, and trails in Missouri and work towards Complete Streets policies in Missouri that will help every community become safer and more inviting for walking and bicycling.  Bicycling, walking, and trails are important for our health, for the livability of our communities, and for the economic vitality of our state as it competes on a national and international level.  The governor has until July 14th to sign most of these bills.  

SOURCE: Missouri Bicycle and Pedestrian Federation, Article Submitted by Brent Hugh on Thu, 06/07/2012 – 2:27pm

Bicycle Law, Bicycle Law News, Legal Articles, Missouri Legal News, Uncategorized

Summary of U.S. Report on Commuting by Bike and on Foot by Missouri Bicycle Accident Lawyer

The Status of Bicycling and Walking in the U.S.

Government officials working to promote bicycling and walking need data to evaluate their efforts. In order to improve something, there must be a means to measure it. The Alliance for Biking & Walking’s Benchmarking Project is an ongoing effort to collect and analyze data on bicycling and walking in all 50 states and the 51 largest cities. They have now prepared the third biennial Benchmarking Report which is 248 pages long. The first report was published in 2007, the second in 2010, and the next report is scheduled for January 2014.

WHERE ARE THE MOST NON-VEHICLE COMMUTERS?

According to the report, the top ten cities where the most people commute by bike or on foot are: 1. Alaska 2. Vermont 3. New York 4. Montana 5. Oregon 6. Hawaii 7. Massachusetts 8. South Dakota 9. Wyoming 10. Maine.  The number one position, Alaska,  indicates it is the state with the highest share of commuters who commute by bicycle or foot.  The cities who ranked highest in commuting by bike and on foot are: 1. Boston  2. Washington, DC 3. San Francisco 4. Seattle 5. New York 6. Portland, OR  7. Minneapolis 8. Philadelphia 9. Honolulu 10. New Orleans.

Missouri ranked 40th out of the 50 states in the levels of commuting by bike or on foot. 

This information comes from the 2007-2009 ACS Notes: This ranking is based on the combined bike and walk to work share from the 2007-2009 ACS. View graphs illustrating this data on pages 34 and 35 of the Benchmark Report.

WHICH IS THE SAFEST STATE FOR A COMMUTER BY BIKE OR ON FOOT?

This is difficult to determine, but one statistic to consider is the number of fatalities per population commuting by walking or biking to work.  The arguably safest state based on fatality statistics is Vermont. The top safest states rank as follows: 1. Vermont 2. Nebraska 3. Alaska 4. Wyoming 5. South Dakota 6. North Dakota 7. Iowa 8. Maine 9. Massachusetts 10. Minnesota. See FARS 2007-2009 ACS 2007-2009.  Note that this ranking is based on the fatality rate which is calculated by dividing the number of annual pedestrian and bicycle fatalities (averaged between 2007-2009) by population (weighted, or multiplied, by share of the population walking and bicycling to work). View these data on pages 56-62 of this report.

Illinois ranked in the top half  of lowest fatalities/population commuting by bike/foot at 23rd,

but Missouri was in the 34th position.

The top twelve cities who ranked the safest based on the fatality statistics  are as follows: 1. Boston 2. Minneapolis 3. Omaha 4. Seattle 5. Portland, OR 6. Washington, DC 7. New York 8, San Francisco 9. Philadelphia 10. Honolulu 11. Colorado Springs 12. Chicago. Kansas City, MO ranked 45th and St. Louis did not make the list because this report focuses on the 50 states and the 51 largest U.S. cities. Most bicycling and walking is in urban areas, and because of short trip distances, the most potential for increasing bicycling and walking is in cities.

Summary of Additional Facts From the Report

Bicycling and Walking Levels:

  • 12% of all trips are by bicycle (1.0%) or foot (10.5%).
  • From 2000 to 2009, the number of commuters who bicycle to work increased by 57%.
  • In 2009, 40% of trips in the United States were shorter than 2 miles, yet Americans use their cars for 87% of trips 1 to 2 miles. Twenty-seven percent of trips are shorter than 1 mile, yet 62% of trips up to 1 mile long are by car. Residents of the largest U.S. cities are 1.7 times more likely to walk or bicycle to work than the national average.

Bicycle and Pedestrian Safety:

  • 14% of all traffic fatalities in the U.S. are bicyclists (1.8%) or pedestrians (11.7%).
  • In the 51 largest U.S. cities, 12.7% of trips are by foot and 1.1% are by bicycle, yet 26.9% of traffic fatalities are pedestrians and 3.1% are bicyclists
  • Seniors are the most vulnerable bicyclists and pedestrians. Adults over 65 make up 10% of walking trips, yet comprise 19% of pedestrian fatalities and make up 6% of bicycling trips, yet account for and 10% of bicyclist fatalities.

Funding for Bicycling and Walking:

 • States spend just 1.6% of their federal transportation dollars on bicycling and walking. This amounts to just $2.17 per capita.

Missouri was ranked 17th out of the 50 states in funding bicycling and walking.

This ranking is based on the per capita spending of federal funds by states and cities on bicycling and walking using a 5-year average (2006-2010). Data is based on funds obligated to projects in this period and are not necessarily the amount spent in these years. The number one position, again Alaska, indicates the state with the highest amount of per capita federal funding to bicycling and walking.  View these data on pages 86-87 of this report.

Here are some additional facts about financial benefits from the extensive report:

Public Health Benefits:

• Bicycling and walking levels fell 66% between 1960 and 2009, while obesity levels increased by 156%.

• Between 1966 and 2009, the number of children who bicycled or walked to school fell 75%, while the percentage of obese children rose 276%.

• In general, states with the highest levels of bicycling and walking have the lowest levels of obesity, hypertension (high blood pressure), and diabetes and have the greatest percentage of adults who meet the recommended 30-plus minutes per day of physical activity.

Economic Benefits:

 • Bicycling and walking projects create 11-14 jobs per $1 million spent, compared to just 7 jobs created per $1 million spent on highway projects.

 • Cost benefit analyses show that up to $11.80 in benefits can be gained for every $1 invested in bicycling and walking.

Download the complete report at: www.PeoplePoweredMovement.org/Benchmarking

Michelle M. Funkenbusch is a cycling advocate and Missouri trial attorney specializing in representing cyclists who have been injured in accidents. Please contact her if you wish for her to speak with your group about the benefits of cycling or if you have been injured in an accident. 314-799-6602. mmf@SaintLouisLegal.com

Farm Accident Law, Legal Articles, Uncategorized

City Trial Lawyer “Goes Country” and Explains Why Farm Accident Cases Are Sometimes Filed in Civil Court and Sometimes In the Division of Worker’s Compensation:

Farm Accidents: Worker’s Compensation or Civil Lawsuit?

I may be a St. Louis City trial lawyer, but I have two pairs of Justin Roper boots, a pair of Rockies jeans, a four star beaver-fur cowboy hat and yes…. farm accident cases.  I fully admit that twenty years ago, I didn’t know what a combine was, but having farmers in my extended family forced me into the world of cow patties and four wheelers.   I have since been exposed to cases involving falls in grain bins, machinery mishaps, legs being torn off by augers, bodies being sliced by cables that break and fly through the air, etc.  Farm work is dangerous and no place for my city lawyer stiletto heels.  But, farms are a place for a big city trial lawyer’s experience and I’ll share a little of that experience with you today concerning where a suit/claim is filed when a farm accident occurs.

There are more than 2 million farms in the United States.  Farms vary greatly in their size from small, family-run farms to large production facilities with million dollar sales.  No matter the kind of accident on a farm, the first question is whether we file a civil suit in a court of law or file a workers compensation claim. And the answer is…. it depends.  Even though you may have been injured on the job, not all farm accidents are covered by Missouri Worker’s Compensation laws.  In ’78, Missouri amended its worker’s compensation laws related to farming.  These laws created an exemption for employers of farm labor from carrying workers’ compensation insurance, meaning your injury case would be filed in a civil court (the kind of court where car accident cases are normally filed).  However, farm employers of non-farm labor are required to carry worker’s compensation insurance if they have five or more employees. If laborers work more than 5-1/2 consecutive work days per year, then each counts as an employee.

Needless to say, it is not easy to determine where to file a claim/lawsuit and it most likely requires the expertise of a Missouri farm accident trial lawyer.  For example, the average employee may not know that last year the Court of Appeal in Missouri in State ex. rel. KCP&L Greater Missouri Operations Co. v. Cook, — S.W.3d —-, 2011 WL 4031146 (Mo.App. W.D. 2011), held that occupational disease claims (like carpal tunnel syndrome, cubital tunnel syndrome, & mesothelioma), are not subject to workers’ compensation’s exclusive remedy. Under the Cook decision, an employee with a work-related occupational disease may now choose between bringing a workers’ compensation claim with the Division of Worker’s Compensation or file a lawsuit for damages.

Pros & Cons of Farm Accidents Being Covered By Missouri Workers’ Compensation:

The Pros of Your Farm Accident Case Being Handled Under the Worker’s Compensation System:

In addition to being a simpler and more flexible system as far as evidence goes, worker’s compensation gives employees way more assurance they will get some compensation for their injuries than if the case was filed in a civil court.  In fact, unlike a civil case, you can potentially get temporary weekly disability benefits, medical paid for by the employer, and reimbursement for expenses… all before a formal administrative hearing (trial) on the case.

A huge benefit in worker’s compensation is that you do not have to prove your employer was negligent, like you do in civil court.  In fact, you can even be entirely at fault and recover under worker’s compensation!  While you can be penalized for violating a safety statute or using drugs or alcohol on the job, you are generally way better off  in workers compensation if the accident was your own fault.  You also avoid unpredictable juries and strict judges who throw out evidence that does not conform to the strict rules of civil suits.

As a worker’s compensation lawyer, I can generally tell you a range of what various injuries are worth in the workers’ compensation arena, assuming we know your average weekly wage and your permanent disabilities related to your injury.  This predictability is the benefit of the Missouri Worker’s Compensation system. But, keep in mind, employers are benefiting from worker’s compensation coverage too.  They are limiting their liability for farm accidents to the coverage under the workers compensation insurance policies. Once again, farm accident law is tricky and you should consult with a Missouri farm accident trial lawyer, like myself to analyze your claim.

The Cons of Your Farm Accident Case Being Under the Worker’s Compensation System:

The biggest disadvantage to the farm employee (who often sustains major injuries) is that you have no chance of the million dollar verdicts you see in farm accident cases filed in civil court.  The value of your case if it is a major injury is often less in worker’s compensation hearings.  You get no compensation for pain and suffering.  No compensation for the suffering of your spouse when he/she had to be your caregiver.  No jury of your peers to feel sorry for you.  Worker’s compensation is often an almost emotionless system of numbers and charts.  The Administrative Law Judges at the Division of Worker’s Compensation have generally seen every type of injury many times and usually place an injury in a specific disability range (which predicts the dollar value) to be consistent in their rulings and opinions. No run-away verdict is possible.

There is also a shorter statute of limitations in workers’ compensation (2 or 3 years depending on the facts) than in civil personal injury suits (5 years).Worker’s

In the workers’ compensation system, workplace exposure to a hazard must be the “prevailing factor” of the injury in farm accident cases and farm occupational disease cases… not just the proximate cause like in civil court.  You can thank Missouri tort reform in 2005 for that higher standard.  And no, I won’t be sending a Christmas card to Blunt anytime soon. With a pro-employer legislature in Missouri right now, it would not be surprising to see additional amendments that make worker’s compensation cases more difficult to prove.

Farming  is consistently one of the most hazardous industries.

Each day, about 500 farm employees experience injuries.

In an average year, 110 American farm workers are crushed to death by tractor rollovers. 

I represent those men and women injured in all forms of farm accidents.

If you, or someone you love, has suffered serious injuries, or you have lost a loved one to wrongful death, I can help.  Call me today to learn about your rights and options in your potential farm accident case. 

Michelle M. Funkenbusch 314-799-6602.

DWI, Legal Articles, Uncategorized

Personal Portable Breathalyzer Tests To Help Avoid Tickets For DUI

As we continue through this holiday season in St. Louis, consider buying your favorite partier a portable breathalyzer for $30.00 to $100.00. While they may not be as accurate as police testing for DUI, they are valuable in helping someone realize they need to call a cab. I regularly represent people with DUI’s who believe they were not drunk… until we read the police report and see their BAC levels.

How do breathalyzers show your alcohol level during DUI testing? Alcohol (ethanol) shows up in your breath because it gets absorbed from the mouth, throat, stomach and intestines into your bloodstream.  Ethanol­ is not digested upon absorption, nor chemically changed in the bloodstream. As the blood travels through your lungs, some of the ethanol moves across the membranes of the lung’s air sacs (which are called alveoli) into the air.  The concentration of the alcohol in the alveolar air is related to the concentration of the alcohol in the blood. For you science and math people… the ratio of breath alcohol to blood alcohol is 2,100:1. This means that 2,100 milliliters (ml) of alveolar air will contain the same amount of alcohol as 1 ml of blood.

As the alcohol in your alveolar air is exhaled, police can detect it by a breath alcohol testing device. The American Medical Association touts that a person can become impaired when the blood alcohol level hits as little as 0.05. 0.08 is the legal limit in Missouri.  If a person’s BAC measures 0.08, it means that there are 0.08 grams of alcohol per 100 ml of blood.

While we are often able to resolve a first DUI in the St. Louis area with a Suspended Imposition of Sentence (which results in no conviction if you complete a long probationary period and other requirements), you will still have to face a potential administrative suspension through the Department of Revenue.

If you have questions about DUI tickets in the Greater St. Louis area, please do not hesitate to contact me at 314-799-6602.  Be safe everyone!

 

© 2011 The Law Offices of Michelle M. Funkenbusch, LLC.  All Rights Reserved. These materials may not be reproduced in any way without the written permission of The Law Offices of Michelle M. Funkenbusch, LLC. This blog is designed to provide general information on the topic provided and is posted with the understanding that the publisher is not engaged in rendering any legal or professional services. Although this post and the blog is prepared by a lawyer, it should not be used as a substitute for legal advice. If legal advice is required, the services of The Law Offices of Michelle M. Funkenbusch should be sought privately.

Uncategorized

Three Vehicle Crash in Taney County

Multiple Car Collisions Require Experienced Trial Lawyers

St. Louis car accident attorney Michelle M. Funkenbusch specializes in head on collisions like the following complex car crash that could require reconstruction, complex medical record reviews, and a trial against multiple defendants.

According to the news, a Forsyth woman was hospitalized following a three-car crash in Taney County Saturday evening. According to the Missouri Highway Patrol, Jodi M. Ebersol, 37, was driving a 1997 Ford Taurus east on Taney County F, five miles north of Branson, when her car was struck head on by a 1982 Honda Goldwing that had crossed the center line. According to the patrol report, the crash caused her car to swerve into the oncoming lane, hitting a 2004 Crown Victoria head on. Ms. Ebersol was treated for serious injuries.

The report said the motorcycle, driven by Benjamin K. Sanders, 31, of Branson, was being pursued at the time by the Crown Victoria, which was driven by Bernard H. Johnson, 69, of Rockaway Beach. It is unclear why he was being pursued.

Source: News-Leader.com, “Forsyth woman injured in crash,” 5 June 2011

At Featherston & Funkenbusch, we work hard to help you recover maximum compensation for lost wages, property damage, pain and suffering, disability and reduced quality of life. Because of our experince in complex motor vehicle accident cases, we have handled many claims similar to the above accident. If you get in an accident like this, call today before giving any statements to insurance companies. Michelle is available 24/7, 314-842-5222 to provide you a free initial consultation on your accident case.

Uncategorized

Racial Profiling and the June 2011 Missouri Vehicle Stops Report

Today Attorney General Chris Koster released the 11th Annual Report on Vehicle Stops by Peace Officers in Missouri.  The 2010 report contains analysis on more than 1.6 million stops by 630 law enforcement agencies, including racial and ethnic information about drivers who were stopped. The full report plus data for individual law enforcement agencies can be found online at http://ago.mo.gov/VehicleStops.

Concerns by the citizens of Missouri regarding allegations of racial profiling by law enforcement prompted the legislature in the year 2000 to pass  Section 590.650, RSMo.  Racial profiling has been defined as the inappropriate use of race by law enforcement when making a decision to stop, search or arrest a motorist.  The law requires that all peace officers in the state report specific information including a driver’s race for each vehicle stop made in the state.  Law enforcement agencies are required to turn in the data to the Attorney General, and the Attorney General is required to compile the data and report to the Governor no later than June 1 of each year.   Interestingly, the law allows the Governor to withhold state funds for any agency that does not comply with the law.

In 2010, the Missouri statewide African-American disparity index was 1.61, down slightly from the 2009 rate of 1.62. This is the second time since data collection began that the disparity index for African-American drivers has decreased – the other being a decrease from 1.36 in 2003 to 1.34 in 2004.

The report shows the rate (disparity index) at which Hispanics were stopped decreased in 2010 to .78, compared to .81 in 2009, a rate lower than that of white drivers. However, search rates (the rates at which drivers of a given race are searched subsequent to a traffic stop) for both Hispanic and African-American drivers continue to be higher than for whites. Hispanic drivers were 2.13 times more likely than white drivers to be searched. African-Americans were 1.86 times more likely to be searched when stopped than whites.

Despite the elevated search rates, Hispanics were less likely than white drivers to be found with contraband subsequent to being searched. While the “contraband hit rate” for whites was 24.5 percent, the percentage of Hispanics searched and found to have contraband was 14.4 percent. The “contraband hit rate” for African-American drivers was 17.5 percent.

Funkenbusch encourages you to view your individual community on the Attorney General’s site.

© 2011 The Law Offices of Michelle M. Funkenbusch, LLC.  All Rights Reserved. These materials may not be reproduced in any way without the written permission of The Law Offices of Michelle M. Funkenbusch, LLC. This blog is designed to provide general information on the topic provided and is posted with the understanding that the publisher is not engaged in rendering any legal or professional services. Although this post and the blog is prepared by a lawyer, it should not be used as a substitute for legal advice. If legal advice is required, the services of The Law Offices of Michelle M. Funkenbusch should be sought privately.