Missouri Accident Lawyer Blog

A Labelle, Missouri man, 58 year old Danny Hall, was tragically killed Monday, August 27, 2007 when a 2007 Volvo Tractor Trailer, driven by Matt Engen, failed to observe the slowing traffic ahead and struck the back of Mr. Hall’s 2001 Ford Van, causing him to travel off the road and hit a bridge wall. His car caught fire and returned to the roadway, overturning and hit the rear of the tractor trailer. The 2007 Volvo Tractor continued to travel forward and struck the back of Hall’s vehicle. Hall was pronounced dead at the scene by the Macon County Missouri Coroner.

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The Finnegan family, of Eldon, Missouri was driving northbound on Route 52 Friday evening when a tractor trailer lost control and crossed the center line. The father, Michael Finnegan, who was driving, tried to avoid the crash but was struck in the driver’s side of the vehicle. Michael, his wife Marla, and his son Ryan were moderately injured and were taken by ambulance to Lake Regional Hospital. Unfortunately, their 11-year old daughter Nicole sustained serious injuries and had to be taken to University Hospital in Colombia, Missouri where she later died on Saturday due to serious personal injury.

According to the Missouri Highway Patrol, the Finnegan’s were all wearing their seat belts during the time of the accident. There are no reports yet as to whether Destry Strange, the driver of the tractor trailer is being charged with any citations or if the Finnegan’s have retained a personal injury lawyer to pursue Strange’s insurance company for their families’ injuries and the subsequent loss of their 11-year old daughter.

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An Illinois driver was killed Monday when he ran into a school bus transporting children head on. Five elementary children were transported to St. Joseph Health Center in St. Charles, Missouri for injuries arising from the bus crash. The extent of the children's personal injuries is unknown.

The Illinois driver, identified as Earnest Stephens, of Illinois, was killed in the crash. According to the Missouri Highway Patrol, a passenger in the vehicle, Brennan Klunk, was seriously injured and was taken by helicopter to Barnes Jewish Hospital in St. Louis, Missouri.

The crash happened as the Illinois driver attempted to pass another vehicle heading north on Highway 94. As the vehicle was passing the car, it crashed head on into the school bus. After the crash, the bus slid into a ditch along the roadway. No estimates of vehicle speed were given. The driver of the bus declined to give a statement as to how the crash happened.

It is common for a bus driver's employer to have a policy that no statement be given because of litigation. Missouri personal injury lawyers often hire investigators to obtain voluntary statements from the involved parties. Sometimes drivers refuse to give statements to an investigator. In these cases, a personal injury lawsuit must be filed, and then the driver will be required to give a deposition and state what happened in the crash.

Corporal Julie Scerine of the Missouri Highway Patrol investigated the bus crash.

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Jannell Johnson of Vinita, Oklahoma was injured in a Missouri car wreck on July 30, 2007 when a 1999 Chevrolet Malibu driven by Anna Crosby of Springfield, Missouri hit her vehicle from the rear. According to the Missouri Highway Patrol, low visibility was the major factor in causing this Missouri car wreck. Both drivers were insured. Ms. Johnson's serious personal injuries are expected to be covered by personal injury liability insurance.

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A St. Charles man was seriously injured on August 14, 2007 when a 2002 Chrysler Sebring driven by Donna Boyle of French Village, Missouri hit his Ford Explorer from behind. According to the Missouri Highway Patrol the crash happened just south of the 270/370 interchange. The injury victim, Thomas Meder was partially ejected from his vehicle as it overturned after being hit. Both drivers were taken to DePaul Hospital in St. Louis, Missouri with serious personal injuries.
There is no information whether Ms. Boyle has been charged with any citations. Likewise, there is no information whether Mr. Meder has retained a personal injury lawyer to pursue Ms. Boyle's insurance policy for his injuries. Mr. Meder will have five years in which to file his personal injury lawsuit in this case.

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Two St. Louis elementary children were seriously injured while waiting for a bus at the intersection of Page and Grand today. The girl, thirteen years old, and the boy, fourteen, were transported by ambulance to a nearby hospital in St. Louis, Missouri. The children were hit by a pickup truck that was traveling east on Page and attempting to make a right hand turn onto Grand when it spun out of control, striking the teenagers. After the truck stopped, the driver attempted to flee, but was restrained by a witness and held until police arrived. Police think the driver may be a suspect in a nearby house break in.
The children were taken to the hospital with serious personal injuries, but are listed in stable condition. The driver of the truck sustained only minor injuries.

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This week, justice was finally obtained for Charles and Sharon Gass, personal injury victims of a negligent tractor trailer driver who rear ended them on Highway 54 in Pike County, Missouri on March 11, 2004. The Gasses were turning into the Cozy C campground off Highway 54 when the large truck hit them from behind. Sharon suffered a broken rib and suffered from shoulder, neck and back pain for years after the crash. Charles necessitated an anterior spinal fusion of the C6-7 level, performed by Dr. Chabot of St. Louis, Missouri. Mr. Gass already had C5-6 fused from a prior surgery in 1999. While the neck surgery was a success, it is ordinary for a person with a bi-level neck fusion to have a 10 to 15 degree range of motion loss. Mr. Gass' range of motion seemed to be a little worse than this. The Gass' medical bills were over $40,000.00.
On the second day of trial, while Ryan Bradley, the Plaintiffs' attorney, was still putting on the case in chief, the case settled for $197,500.00 plus court costs of approximately $5000.00. Todd Applegate, a partner of the St. Louis, Missouri law firm Rabbitt, Pitzer & Snodgrass defended the case.

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Two teenage brothers were killed and three others were seriously injured in a fatal car wreck on August 1, 2007. According to the Missouri Highway Patrol, around 11:40 a.m., the Busby brothers, ages 16 and 17, were driving home from the Town and Country Fair when their Toyota Corolla crossed the center line on Highway 47 in Franklin County, MO, slamming head on into a Honda Accord and striking the driver’s side of a third vehicle.

Sixteen year old David Busby was pronounced dead at the scene and his seventeen year old brother, Jesse Busby, was taken to St. John’s Hospital in Washington County, Missouri, where he later died from serious personal injuries.

The driver of the Honda Accord that was hit head on was seriously injured and had to be air lifted to St. John’s Hospital. The passenger of the Honda Accord and the driver of the third vehicle had injuries ranging from moderate to severe. Both were transported by ambulance to St. John’s Hospital.

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Sixteen year old Cherish Vaughn was killed early morning on July 25, 2007 in a serious car wreck when the driver of a 1997 Ford pickup, identified as Trevor Nease, attempted to pass another vehicle on the right shoulder of Missouri highway 43 in Newton County, Missouri. Seventeen year old Nease and sixteen year old passenger Dustin Watkins were seriously injured. Each were taken to nearby hospitals in Joplin, Missouri.

According to the Missouri Highway Patrol, as the pickup passed the vehicle on the right shoulder, it came back onto the roadway, crossed the center line, ran into a field, and overturned several times, ejecting all occupants.

It is unknown whether Mr. Nease was cited with any Missouri traffic violations.

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Another serious car wreck claimed three lives yesterday, including that of a 52 year old Fenton, Missouri man, John Hilkenkamp. According to the highway patrol, a van driven by Kenneth Harris of Overland Park, Kansas crossed the center median of highway 435 in Kansas City into the opposite lanes of traffic, crashing head on into two other vans.

The Kansas Highway Patrol believes Mr. Harris may have had a medical condition which may have caused this serious car crash, however this is unconfirmed at this time. Police are trying to determine what each of the victims were doing before the crash.

Hilkenkamp was in Kansas City for a soccer tournament with his family. His son and wife were injured in the car crash, but the extent of their injuries is unknown at this time.

Ironically, one of the killed was minister Janet McNamara of Lees Summit, Missouri, who had just finished presiding over a funeral in the Kansas City area.

According to the highway patrol, all three vans burst into flames after impact. Ordinarily, vehicles involved in a car crash do not burst into flames. Attorneys for the victims will most likely investigate the cause of the fire. In the past, faulty fuel tanks have been blamed in product liability lawsuits for causing fires. There is no word whether the vans' fuel tanks were defective.

Authorities said an autopsy is scheduled for Mr. Harris to determine whether seizures may have been the culprit in causing this car wreck. Witnesses stated they saw Mr. Harris slumped over the steering wheel prior to running off the roadway. There was no barrier in the roadway to prevent crossover vehicles.

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I often have people ask me, Ryan, with all of the Missouri personal injury lawyers out there, how do I pick the right one? My response is usually, "pick the injury lawyer you are most comfortable with." To me, this means you need to do the following when choosing a personal injury lawyer to represent you:

1. Choose a lawyer that has significant experience in litigating personal injury claims. Ask him or her how many personal injury trials they have done in the last year. Remember, more than 90% of all personal injury cases settle out of court. There are some lawyers who make a living on settling injury claims- not trying cases. You need to make sure you are not at one of these offices. Your lawyer should be ready, willing, and able to try your injury claim to a jury, if necessary.

2. Interview, interview, interview! Meet with as many qualified lawyers as you can. If they insist you speak to one of their associates or secretaries about your case, chances are you are at the wrong place. Do not be afraid to leave!

3. A good Missouri accident lawyer will take whatever time necessary to learn about you, your family, your background and most importantly, your injury and how your injury has changed your life.

4. Ask your potential lawyer if he or she writes articles for any publications, web sites or journals. If he or she does not, they may not be on the cutting edge of Missouri injury law.

5. Ask him or her if they will finance your litigation. The last thing you need when recovering from a personal injury is worrying about paying for your personal injury lawsuit.

6. Ask the lawyer what their overall strategy is in handling your case. A typical response from a lawyer is we are going to do "X, Y and Z." I think the best place to start is by asking the client "what are your goals in having me represent you" or "if you could snap your fingers, what would you like to have done." A typical response is, "help make my personal injury go away." Most lawyers tell their clients, "I can't do that." Nonsense! Your lawyer should have knowledge of the very best medical doctors or specialists in Missouri, and if needed, the country. Many times, when a client initially comes to me, they are not even seeing the right medical specialist for their injury. Ask your lawyer who you should be treating with, get their name, and by all means GO!

7. Ask your Missouri injury lawyer for the names and phone numbers of other clients they have assisted in injuries like yours. Call them and ask what they liked or disliked about that lawyer and whether they would go back to him or her.

Overall, the choice of an injury lawyer is arguable as important as who you marry (maybe more important). You are beginning a relationship with someone who has the power to make your life much better or worse. If you follow the advice I have here, you will make the right decision 99% of the time.

Continue reading " How to Choose a Missouri Accident Lawyer " »

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A dump truck and a sports utility vehicle collided in New Madrid County Missouri yesterday, sparking an inferno that killed Samuel Hector, a resident of New Madrid. According to the Missouri Highway Patrol, Mr. Hector was trying to cross highway 61 south of Sikeston Missouri and pulled directly into the path of the dump truck. The dump truck crashed into the SUV. It is unknown if Mr. Hector died immediately. Mr. Hector was 82 years old. Terry Moore, the dump truck driver escaped with no serious injuries.
Photographs of the crash scene evidence a very strong fire, fueled by gasoline. The SUV was barely recognizable as it was completely burned to the ground.
From the initial facts relayed from the highway patrol, there will most likely be no wrongful death claim filed on behalf of the Hector family. In Missouri, in order to recover for wrongful death, you must prove a family member died as a result of someones negligence. In this Missouri car crash, it appears the crash was the fault of Mr. Hector. Because of this, a wrongful death claim would be unfounded.
Missouri tort law would recognize a cause of action for the dump truck driver, if he chose to sue the estate of Mr. Hector under the legal theory of Negligent Infliction of Emotional Distress. The legal theory behind this common law tort is that Mr. Hector owed Mr. Moore a duty to operate his vehicle with the highest degree of care yet failed to do so, resulting in damages in the form of mental distress. However, these claims are rare and in cases like this, a claim for emotion distress by the surviving party to a car crash would not be made.

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A Portland, Oregon man caused a serious accident on July 16, 2007 in Cole County when he attempted to cross Highway 54. According to the Missouri Highway Patrol, Don Wrisley was transporting five passengers in his 2002 Ford. As he attempted to cross Highway 54 at the Heritage junction near Jefferson City, a vehicle driven by Joann Adams struck the Wrisley vehicle broadside, causing the Ford vehicle to overturn and land in a ditch.
According to Corporal Halford, Glen Carter, the father of Joann Adams, was flown to University of Missouri Hospital, where he died from serious personal injuries. Mr. Carter's daughter and son in law received moderate injuries. Both were taken to Capital Regional Hospital for their injuries.
All occupants of both vehicles were wearing their seat belts.

Continue reading " Father Killed, Daughter and Son in Law Injured in Two Car Wreck " »

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The Missouri Highway Patrol has added yet another Missouri truck crash to its roster of serious auto crashes this year. A 2003 Freightliner failed to yield to a vehicle driven by Ronald Mast of Meadville, Missouri, causing the tractor unit to slam into the rear of Mr. Mast's 2001 Dodge. Mr. Mast's vehicle was forced off the roadway and overturned, resulting in serious injuries to Mr. Mast. He was taken to University of Missouri hospital in Columbia, Missouri for serious injuries.
After the collision with the Mast vehicle, the tractor trailer crossed the center line of Highway 36 and crashed into a Massey Ferguson tractor driven by Linn County farmer, Robert Dimitt. The driver of the tractor, Roswell Spiker of Iowa, was charged by the Linn County Prosecuting Attorney's Office with "Operating a Motor Vehicle in a Careless and Imprudent Manner", a violation of Missouri statute 304.012. Mr. Roswell escaped from the crash with only moderate injuries. Mr. Roswell faces a class A misdemeanor, which carries a maximum jail sentence of 1 year and/or a $1000 fine.

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A 1994 International truck crashed into a motorcyclist on Highway M7 at Route T in Cass County Missouri on July 12, 2007. Corporal Scott of the Missouri Highway Patrol indicated the motorcycle driver, Joseph Decker was traveling at a high rate of speed. The truck driver, Ryan Malaska was unable to determine the speed of the bike and pulled out in front of it, causing serious personal injury to Mr. Decker.
Mr. Decker was airlifted, which is common in serious Missouri injuries occurring in rural counties, to a nearby hospital for treatment.
Motorcycle injuries often occur because of inattention and the inability of other drivers to see the motorcycle. This is especially true when riders travel at high rates of speed.
It looks as though this was a Missouri truck crash or you could call it a Missouri motorcycle crash that could have been avoided if both drivers would have paid more attention to traffic on the roadways.

Continue reading " Missouri Truck Crash Injures Motorcyclist " »

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A reckless truck driver who ran a red light on Northbound highway 63 in Macon County on July 11, 2007 caused serious personal injury to twenty year old Angela M. Carter of Kirksville, Missouri. According to the Missouri Highway Patrol, Franklin L. Bragg of Laplata, Missouri was driving a large truck, a 1987 International truck when he failed to yield before crossing the southbound lane of Missouri Highway 63.

Continue reading " Truck Crash Injures 20 Year Old in Macon County Missouri. Truck Driver Charged with Multiple Citations " »

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