Missouri Accident Lawyer Blog

Carissa Resinger, 23, and Patricia Hellenbrand, 50, were seriously injured in a wreck Sunday afternoon near Barnhart.

According to the investigating officer, Resinger failed to yield at a red traffic signal on Route M and her 1997 Chrysler Sebring struck the driver’s side of Hellenbrand’s 1995 Chrysler Concord. Resinger’s car continued into the median where it hit a traffic signal post and came to a stop. Hellenbrand’s car traveled off the north side of the roadway and came to rest on an embankment.

Resinger was taken to St. John’s Hospital in Creve Coeur and Hellenbrand was transported to St. Anthony’s in South St. Louis County.

Side Impact Car Accidents are very dangerous because forces are absorbed by the human body from the side and most safety features in older vehicles, like the 1995 Concord involved in this accident, are designed to protect passengers from head on collisions.

Whenever someone is injured by another driver’s negligence, the liability insurance of the at-fault driver is required to pay medical bills, lost wages, and other expenses of the injured party. After a car wreck, insurance companies may contact you to give a statement. It is very important that you contact a Missouri personal injury lawyer before you give a statement. Anything you say may be recorded and used against you at trial. Missouri personal injury matters are time sensitive and must be investigated as soon as possible to achieve the full measure of justice allowed under Missouri law.

The Bradley Law Firm has handled personal injury cases for over 30 years. Contact us today for a free consultation if you or a loved one have been injured in a Missouri or Illinois car wreck.

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Posted In: Missouri Car Accidents

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Photo by KTVI, St. Louis

An unidentified 35-year-old woman is dead and her two children are injured after their car fell 100 feet from a bluff along Interstate 55.

The Missouri car accident occurred Thursday morning near the Gasconade Street exit.

According to a Post-Dispatch report, witnesses said the woman swerved to miss another car and flew off the bluff. At this particular point along I-55, there is no guardrail, only a fence that was placed around some road equipment. The car passed through the fence and off the bluff, landing upside down on the ground below.

The children, a 12-year-old boy and a 9-year-old girl, were transported to an area hospital.

Many details still need to be released to fully understand the circumstances surrounding this tragic accident. An accident reconstruction report is underway to determine how the car left the roadway and whether a guardrail would have prevented this accident. We do not know if there have been similar accidents at this location before.

If it turns out that multiple accidents have occurred that could have been prevented by the installation of a guardrail, the family could bring a wrongful death suit against the state. Wrongful death claims are considered to be cases where a death arises as a result of negligence or an intentional act. Knowledge that this particular stretch of roadway is dangerous, but doing nothing to add safety measures, could be seen as negligence on the part of the Missouri Department of Transportation. In addition, there may be fertile ground for an uninsured motorist claim if the actions of the car the driver swerved to avoid was in any way negligent.

Claims for uninsured motorist and against MoDOT are very complicated and each case must be analyzed on its own set of facts to determine accountability. Frankly, I cannot imagine the state not knowing a 100 drop off existed on the other side of a flimsy fence. I firmly believe a reinforced guardrail should have been installed along the perimeter of the drop off and that it would have prevented this tragedy.

According to a KTVI report, MoDOT declined to comment on why there is no guardrail along I-55 and is waiting to review the accident reconstruction before releasing a statement. Once MoDOT does so, we will post it here as well as commentary. In the meantime, if additional details arise, we will update the blog.

If you or a family member has been injured in Missouri or Illinois as a result of negligence, contact The Bradley Law Firm for a free consultation. We have handled wrongful death cases for over 30 years and we only earn an attorney’s fee if we are successful in your case.

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Posted In: Missouri Car Accidents

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Four people were injured, one seriously, in a two car accident Wednesday afternoon in Gallatin, Missouri.

Marquis Wheeler, 19, was driving a 1999 Toyota Celica west on Missouri 6 when she made a left turn in front of Audie Bland, 54, who was traveling east and was unable to avoid the collision, according to the highway patrol.

The investigating officer said Wheeler and Bland both suffered moderate injuries. The two passengers in the Celica, Kegan Green, 9, and Eowyn Otto, 3, suffered moderate and serious injuries respectively. All of the injured were transported by ambulance to Cameron Regional Medical Center for treatment.

If you have been injured in a Missouri car accident, it is important to contact an experienced personal injury attorney as soon as possible. Accident reconstructions are sometimes needed to determine fault in accidents and processing all the evidence quickly is essential to getting the coverage you deserve after an accident. Whenever someone is injured by another person’s negligence, the liability insurance of the party at-fault is required to pay for medical bills, lost wages, pain and suffering, and any disability that results from the accident.

The Bradley Law Firm handles personal injury cases and we only earn a fee if we are successful in your case. We also pay for all the costs and expenses of litigation and only get paid back if we are successful. Contact us today for a free consultation if you or someone you know has been injured in a Missouri or Illinois car wreck.

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$7.25 million was awarded to a Jackson County Missouri man who was mauled by pit bulls in 2006.

In May 2006, three pit bull terriers escaped through an open window of a nearby home and attacked Alan Hill as he mowed his lawn.

Hill needed multiple operations and skin grafts as a result of the attack. He is permanently disabled and his attorney argued that his life expectancy was shortened 22.5 years. The medical bills associated totaled more than $523,000.

Though the dogs were owned by Paul Piper and Tammy Young, the suit focused on the property owners who rented the house to the dog owners. The property owners were Brittnee Ann Wisdom, James K. Knowles, and Nancy Wisdom.

Evidence was presented showing the property owners knew of the pit bulls and had asked for them to be removed. Shortly before the day of the attack, Brittnee Wisdom had called animal control officers to remove the dogs. The day of the attack, the homeowners sent Bryan Smith, a friend, to let the animal control officers into the home. Smith opened an unlocked window to gain entry to the home and neglected to close the window, allowing the dogs to escape.

The Jackson County Judge found the property owners were negligent in failing to safely remove the pit bulls from the property.

Missouri law holds owners of dangerous dogs responsible for the injuries that can be caused by those animals. The most common type of animal attack in Missouri is a dog bite. Many municipalities have proposed legislation to outlaw certain breeds, such as pit bulls, to reduce the number of dog attacks.

An estimated 800,000 people in the United States are treated for dog bites and an average of 20 die each year. The most common victims are children, who account for more than 60 percent of all dog bite cases.

In Missouri, owners of dangerous animals can be held strictly liable for injuries caused by known dangerous animals. This means an owner does not have to be negligent in order to be held legally responsible for injuries caused by their animal. The mere fact the dog or other animal caused an injury is enough to impose liability.

If you have any more questions about personal injury law as it relates to dog bites, visit The Bradley Law Firm’s dog bite information page.

We have over 30 years of experience handling cases just like this one. Contact us today for a free consultation.

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Posted In: Missouri Animal Attacks , Missouri Personal Injury Lawyer News

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Missouri State Auditor Susan Montee released a report today that highlights some frightening facts. Most parents simply assume their child's bus driver is a stand up person who was thoroughly checked out by the state, right? Wrong.

A new report indicates school districts are not meeting state requirements for drug testing and criminal record checks for bus drivers. The study revealed 3 percent of all Missouri bus drivers and aides have never undergone a fingerprint criminal record check. On top of that, numerous districts failed to perform required random drug testing on many drivers. The audit consisted of 30 randomly selected school districts and three bus companies.

This is exactly the kind of oversight that leads to Missouri bus accidents.

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Posted In: Personal Injury News

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Photo by KQTV, St. Joseph

Murray Brown, 47, and James Jambor, 24, were killed Tuesday when their twin engine Aero Commander plane crashed in Leavenworth, Kansas shortly after taking off from a downtown Kansas City airport, Kansas Highway Patrol said.

Both men were pronounced dead on the scene. Brown and Jambor were the only passengers on board.

The plane was owned by Central Airlines, a cargo shipping company with 36 twin engine planes in their fleet. A statement released by the company said Brown, who had 20 years of experience as a pilot, was doing a training exercise with Jambor when the plane went down.

While the cause of the crash is not yet known, the Aero Commander model has been under scrutiny from the FAA over safety concerns in the past. According to a Civil Aviation Safety Authority report, senior FAA officials met with engineers in the mid 90’s to examine concerns over the Aero Commander’s wings, which seemed to be prone to cracking from stress fatigue. This wing instability was believed to have caused several fatal crashes.

The Aero Commander model in the Kansas crash was built in 1971, according to the patrol report.

FAA and NTSB officials will no doubt look into the wing stability as well as countless other possibilities as they investigate the cause of the crash. These investigations are extremely important as they can reveal mechanical defects that can be corrected in other aircraft so that similar crashes can be avoided.

The Bradley Law Firm handles aviation matters, including jet and prop planes as well as helicopter cases. If you have any questions about these types of cases, please contact us.

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Posted In: Missouri Airplane Crashes

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Enoc Castanon, 5, was killed and several other children were injured Monday afternoon when the car they were riding in was struck by a tractor trailer on Missouri 96 near Carthage, according to the Missouri Highway Patrol.

The investigating officer said the crash occurred when a 1996 Pontiac, driven by Silvia Castanon, 37, slowed to make a left turn onto Route BB. The tractor-trailer, driven by Betty Ray, 59, was attempting to pass the Pontiac and struck it on the side.

Other passengers in the Pontiac suffering minor injuries were identified as Adelfi Castanon, 3; Edwin Vasquez, 12; Keila Vasquez, 7; Leslie Vasquez, 9; and Samuel Vasquez, 13. Silvia Castanon suffered moderate injuries. All injuries were treated at McCune Brooks Hospital in Carthage, according to the patrol report.

Enoc Castanon was not wearing a seat belt.

Since there was a fatality, Missouri Highway Patrol will perform an accident reconstruction to determine the specifics of the crash.

Truck accidents are often caused by drivers not following Federal trucking regulations. These regulations are designed to keep truck operators and other motorists safe. One of these regulations, Part 395, is the Hours of Service guideline. It limits when truck drivers can operate their rigs, based upon on-duty driving time, on-duty not driving and off duty time. Drivers routinely cheat this limitation by classifying time as off duty when they are really on duty, not driving. This cheating is caused by highly competitive trucking companies putting high pressure on their drivers to get loads to the destination quickly. Dedicated truck accident lawyers know the industry and know how to discover regulation violations. Regulation violations routinely are fertile grounds for the imposition of punitive damages against a truck company.

Drivers are responsible for keeping records of their driving hours, though trucking companies are only legally responsible for these documents for a short period of time. A Missouri personal injury attorney needs to be consulted as soon as possible to ensure evidence is not lost.

It is not yet known if any regulations were broken in the Carthage crash. If the driver is found to be negligent, a personal injury lawsuit could follow. At that time, discovery of pertinent documents will shed light on whether there were violations committed by this driver.

The Bradley Law Firm has recovered millions of dollars in trucking accidents for numerous clients over the last thirty years. Feel free to contact us with any questions related to your personal injury case. Consultations are always free.

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Posted In: Missouri Trucking Accidents

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Konrad G. Whitt, 27, was found dead Sunday morning in the westbound lanes of I-70 near downtown after an apparent hit-and-run accident, according to a report in the St. Louis Post Dispatch.

Witnesses told police they saw Whitt’s body on the roadway, but did not see the vehicle that hit him.

If you have any information on the driver, please call the St. Louis Metropolitan Police Department at 314-444-5345.

Leaving the scene of a Missouri car accident, even if you do not think there were any injuries, can result in felony charges and jail time. It is grossly irresponsible to leave the scene when a fellow driver or pedestrian may have been hurt. Hopefully, the driver in this case will be found.

To help pay for funeral expenses, Whitt’s family may be able to pursue a claim on Whitt’s auto insurance policy for uninsured motorist benefits. Uninsured motorist coverage is designed to protect you should you be involved in an accident with an uninsured or hit-and-run driver, but filing the claim can be complicated. A personal injury attorney can advise families how to properly handle these claims.

After an accident and the exchange of insurance information, one of the most important things to do is to consult with an experienced personal injury attorney. The Bradley Law Firm has handled injury cases for over 30 years and offers free consultations on all injury matters. Please contact us for a free consultation on your injury case.

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Posted In: Hit and Run Injuries

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Five people were injured, two seriously, in a two-car wreck Friday afternoon at the intersection of S.E Tobin Valley Drive and S.E. Crab Apple Drive near Cowgill.

Michael Mathews, 41, was driving westbound in a 1999 Dodge when he entered an uncontrolled intersection and was struck on the driver’s side by a 1998 Lincoln being driven by Barbara Eldridge, 39, according to the highway patrol.

Mathews’ vehicle overturned and caught fire next to the roadway.

The investigating officer said Mathews suffered moderate injuries and was taken by ambulance to Liberty Hospital. Vincent Mathews, 13, a passenger in the Dodge, suffered serious injuries and was airlifted to Children’s Mercy in Kansas City.

Eldridge and her grandson, Dashawn Fearno, 5, were taken by ambulance to Cameron hospital. Robert Eldridge, 63, who was also in the Lincoln, was airlifted to North Kansas City Hospital with serious injuries, according to the patrol report.

This incident is very similar to one we have been following in Lockwood, Missouri that also took place in an uncontrolled intersection. Just like that incident, this car accident occurred when two vehicles entered the intersection at the same time and the driver on the left failed to yield to the driver on the right.

Since uncontrolled intersections have no lights or signs to direct traffic, drivers must be sure they follow driving regulations on their own. If you are approaching an uncontrolled intersection, you must yield to any cars already in the intersection. If two cars enter the intersection at the same time, the driver on the left must yield to the driver on his immediate right.

A full investigation, including an accident reconstruction, will be needed to fully determine how this Missouri car wreck happened.

If you or a member of your family have been injured in a Missouri or Illinois car accident and would like a free legal consultation, contact us at The Bradley Law Firm.

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Posted In: Missouri Car Accidents

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Danial Patton, 58, and Ronald Bieser, 59, were killed when the vehicles they were driving collided Wednesday evening on Highway 21 near De Soto, the Missouri Highway Patrol said.

According to the crash report, Patton’s 1994 Dodge Van was heading south when it crossed the center line, sideswiped a 2006 Chevrolet Malibu, and struck Bieser’s northbound 1990 Chevrolet 1500 head-on.

Patton’s vehicle spun to a stop on the highway while Bieser’s ran off the roadway, overturned, and Bieser was partially thrown from the driver’s side window. The Malibu spun across the center line, but did not impact any other vehicles or overturn, according to the highway patrol.

Patton was airlifted to Jefferson Memorial Hospital where he was pronounced dead around 8 p.m. Bieser was pronounced dead on the scene by paramedics. The driver of the Malibu, Henry Deibel, 80, was uninjured, according to the crash report.

Neither Patton or Bieser was wearing a seatbelt.

The investigating officer said Patton was driving his vehicle without insurance. Under Missouri law, all insurance plans (even liability only plans) come with uninsured motorist coverage which must provide at least $25,000 of coverage per person. Often insurance plans will not state that uninsured motorist coverage (UM) is included. This is a sneaky, unfair and borderline fraudulent trick most all insurance companies play on their insureds, hoping a claim will never be made. UM coverage typically is written for the same amount of liability coverage carried by the insured. This coverage allows drivers to file a claim against their own insurance company to pay compensation for bodily injury or death resulting from an accident caused by an uninsured or hit-and-run driver.

There is a Statute of Limitations that applies when filing uninsured motorist claims so it is important for anybody involved in such a crash to contact a personal injury attorney as soon as possible.

Since two drivers were killed in this accident, an accident reconstruction will be performed by the Missouri Highway Patrol. This investigation will examine tire skid marks, debris placement and other factors to determine the specifics of the crash and which drivers were at fault.

The Bradley Law Firm has over 30 years of experience in handling insurance claims. If you have questions regarding your insurance coverage, Contact us today for free consultation.

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Mary Hatch, 73, of Louisiana, Missouri was killed and four others were injured Tuesday morning in a three-car accident on Highway 61 north of Troy.

The investigating officer said the driver of the 2001 Oldsmobile Hatch was riding in swerved to avoid hitting a 2001 Ford Focus that was also traveling north on the highway. The vehicles still collided and the Oldsmobile continued off the roadway, overturned and hit a third vehicle parked on Tickridge Road, just off the highway.

Hatch was pronounced dead after being airlifted to St. John’s Hospital in Creve Coeur. Another passenger in the Oldsmobile, Jessica Wharton, 20, was also taken by helicopter to St. John’s with serious injuries. The driver, Darrell Wright, 26, and a young passenger, Haley Wright, 2, were injured and taken by ambulance to St. Joseph’s West Hospital in Lake St. Louis. The driver of the Focus, Bruce Watson, 58, suffered minor injuries according to the highway patrol.

The highway patrol report does not indicate why Wright had to swerve to avoid hitting Watson’s vehicle or if either driver was at fault. Under Missouri law, any traffic fatality will require an accident reconstruction to be performed by the Missouri Highway Patrol. Police will take information from each vehicle's data recorders, measure skid marks, and locate debris to determine how this crash happened.

If you have been involved in an injury accident, after exchanging insurance information and obtaining medical treatment, it is wise to consult with a personal injury attorney who will be able to organize an accident reconstruction and handle every other aspect of the case. In many instances, our law firm will decide a particular case does not warrant a lawyer's involvement, especially if the damages are minimal. In those cases, we offer free advice on how to pursue your claim by yourself. In more complex cases or cases with substantial injuries, however, retaining an experienced personal injury lawyer will be necessary.

The Bradley Law Firm has over 30 years of experience handling complicated injury accident cases. Contact us today for a free consultation if you or a loved one has been involved in an accident in Missouri or Illinois.

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Posted In: Missouri Car Accidents

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Chensen Sauder, 28, was seriously injured early Saturday morning when her 2000 Pontiac was hit by a 1999 Cadillac, driven by Jacob Peterson, 19, on I-29 north of Kansas City.

Peterson was cited for driving while intoxicated and a lane violation, according to the Highway Patrol.

The investigating officer said Peterson’s vehicle was traveling north on I-29 when it crossed over into the oncoming southbound lanes and struck Sauder’s vehicle.

Sauder was taken to North Kansas City Hospital with serious injuries and an unidentified passenger was taken to Children’s Mercy with minor injuries. Peterson was not injured, according to the Highway Patrol.

A DWI conviction constitutes per se negligence. Negligence per se is a legal doctrine which states an act is deemed negligent if it violates a statute or regulation designed to keep people safe and is the cause of the injury. In this case, the regulation violated would be the laws against drunk driving. If a personal injury lawsuit were to follow, the lawyer would need to prove the violation of this statute contributed to cause the accident.

If you are injured in an accident with a drunk driver, even if you were partially at fault, you may be able to recover some of your damages because of the comparative negligence system. With comparative fault, a judge or jury will determine a proportion of fault for every party involved in an accident and damages will be paid based on this proportion. Every state has different rules about handling this type of proportional negligence. Missouri follows a pure comparative negligence system, which recently underwent some significant legislative changes.

In some situations, if a bar or tavern served alcohol to a driver who subsequently hurts another motorist, that bar can be held liable under Missouri's dram shop laws. However, the Missouri legislature has significantly limited these causes of action, commonly referred to as "Dram Shop" liability. In Missouri, bars are only liable for injury or death caused by a drunk driver if the bar knew or should have known that alcohol was served to a person under the age of 21 or was served to a visibly intoxicated person. The facts of each case must be evaluated to determine if Missouri will impose dram shop liability upon a bar.

There are many avenues to pursue if you are involved in an accident with a drunk driver and need help paying personal injury expenses. Contacting a personal injury lawyer as soon as possible after your incident will ensure your legal rights are protected.

The Bradley Law Firm has handled Missouri dram shop cases and has significant experience litigating personal injury claims over the last 30 years. Contact us for a free consultation.

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Posted In: Missouri Car Accidents

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Carla Mathis, 42, and Ronald May, 57, were seriously injured Thursday afternoon when their vehicles collided on U.S. Highway 160 west of Doniphan, Missouri, according to the highway patrol.

The investigating officer said Mathis drove her 1999 Jeep across the center line and struck May’s 2007 Chevrolet head on.

Mathis was taken by air to St. Francis Hospital in Cape Girardeau, and May was taken by ambulance to Ripley County Memorial Hospital. May was wearing a seat belt, but Mathis was not. Both were listed in serious condition according to officials.

It is not known what caused Mathis to drive her vehicle across the center line into the path of oncoming traffic.

If you have been injured in a head on collision, it is important to contact an experienced personal injury attorney as soon as possible. Whenever someone is injured by another's negligence, the liability coverage of the at-fault driver is required to pay for that person's medical bills, lost wages, pain and suffering and any resulting disability. Unfortunately, many insurance companies operate in their own best interest rather than the best interests of those suffering injuries and will deny or delay claims in order to avoid paying. Sometimes the amount of liability insurance is not enough to cover all the expenses and further action must be taken.

After a car wreck, insurance companies may contact you to give a statement. It is very important that you contact a Missouri personal injury lawyer before you give a statement. Anything you say may be recorded and used against you at trial. Missouri personal injury matters are time sensitive and must be investigated as soon as possible to achieve the full measure of justice allowed under Missouri law.

The Bradley Law Firm handles personal injury cases and we only earn an attorney’s fee if we are successful in your case. We also pay for all the costs and expenses of litigation and only get paid back if we are successful. Contact us today for a free consultation if you or someone you know has been injured in a Missouri or Illinois car wreck.

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Posted In: Missouri Car Accidents

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Michael York, 51, a long time Missouri Department of Transportation worker, was struck and killed by a tractor trailer around 9:30 a.m., officials said.

York had worked for MoDOT for over 25 years, according to coworkers.

A tractor trailer with Phoenix Truck Line logos left skid marks across multiple lanes of the I-70 and came to rest near the exit for Highway 71. Police shut down eastbound I-70 and eastbound I-670 to investigate the accident.

According to MoDOT, the workers were maintaining lights along the highway and had set out cones and flashing warning lights. York was wearing an orange safety vest.

Accident investigators are working with MoDOT officials to determine the cause of the crash. Initial witness reports say the worker was crossing the highway when he was hit, but no official word has been released.

If it turns out that the truck driver was negligent in operating his vehicle, the family of the worker can sue for damages under personal injury law. More details about the incident will need to be examined by a personal injury attorney along with reports from the accident investigators. Family members of workers killed or injured by roadside accidents need to seek legal consultation as soon as possible in order to ensure that vital evidence is not lost or discarded.

If you or a loved one has been involved in such an incident, contact The Bradley Law Firm for a free consultation today.

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Posted In: Missouri Car Accidents , Missouri Trucking Accidents , Personal Injury News

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Bradley J. Woods, 33, and his son Mason, 11, were injured when their 2001 Ford Expedition was rear ended by a 2004 Ford Explorer, driven by Lydia A. Jackson, 53, on Interstate 270 Tuesday afternoon, according to the Missouri Highway Patrol.

The investigating officer said Jackson was driving her SUV northbound in “an erratic manner” when it struck the rear of the Woods’ Expedition. The force of the crash caused both vehicles to roll over and land off the roadway. Debris from the crash that remained in the highway struck a 2004 Dodge Dakota driven by Paul J. Clark, 25.

Bradley Woods was taken to DePaul Hospital with serious injuries and his son Mason was taken by helicopter to Children’s Hospital with moderate injuries. Jackson was also transported to DePaul Hospital with moderate injuries. Clark was uninjured, according to the highway patrol.

The accident shut down the northbound side of I-270 while police cleared debris from the roadway.

The Missouri Highway Patrol has not released any information as to why Jackson may have been driving in an erratic manner and have not said whether she will be charged or issued a ticket for the accident.

SUV rollovers are a serious cause of injury and death on Missouri roadways. National Highway Traffic Safety Administration (NHTSA) statistics say an average of 70,000 SUV rollovers occur in the U.S. each year and 2,000 people die as a result of these crashes.

The NHTSA conducts rollover tests on vehicles to determine a stability rating. They found that taller, narrower vehicles, like the Explorer and Expedition SUV’s involved in the I-270 crash, are much more likely to roll over when compared to lower, wider passenger cars. This is because SUV’s have a higher center of gravity which means they carry their weight farther from the ground. As SUV’s became more popular as a family vehicle than an off-road vehicle, manufacturers removed roll bars that protected occupants in the event of a rollover in order to make more room for storage.

According to a Frontline investigation, a Ford Explorer is 16 times more likely than a typical family car to kill occupants of other vehicles in a crash. SUV’s have become the most popular type of vehicle in the U.S. and the Ford Explorer is the most popular SUV in the world.

The NHTSA has tips on their website on how to avoid rollover when driving an SUV. Aside from general precautions like not speeding and not driving under the influence, they recommend the following:
• Use Caution on Rural Roads – Nearly 75% of rollover crashes occur in rural areas.
• Maintain Tires – Make sure your tires are inflated properly and replace them when they become worn down.
• Load Vehicles Properly – Since an SUV already has a high center of gravity, don’t make it unnecessarily top-heavy with improperly loaded equipment or luggage. Spread the load out around the cabin and be especially careful when using a roof rack. Also be aware that a full load of passengers will affect the likelihood of a rollover.
• Don’t Panic – If you do lose control of your vehicle or run off the roadway, gradually reduce your speed and slowly ease the vehicle away from obstacles with small turns. Many rollovers occur when drivers overcorrect by turning too sharply or slamming on the brakes.

If you have been injured in an SUV accident you should contact an experienced personal injury attorney as soon as possible. A Missouri personal injury lawyer will help you sort through the details of your crash and make sure you get the help you need to handle expenses resulting from an injury, lost wages, pain and suffering, or death. In addition, your injury attorney must have experts ready to evaluate vehicle design and whether a manufacturing or design defect may have contributed to cause your accident.

The Bradley Law Firm has over 30 years experience with personal injury cases. Contact us today for a free consultation.

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Posted In: Missouri Car Accidents

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The Missouri Court of Appeals reversed a ruling in favor of the Clay County Election Board that determined it had no responsibility for the injury of Evelyn Thomas, a Clay County resident. Thomas was injured when she slipped and fell on ice while trying to vote in a presidential primary. The initial ruling stated the election board was entitled to sovereign immunity. The court’s analysis was based on the fact that Thomas’ fall occurred outside of a 25-foot perimeter from the polling place doors. The Court of Appeals reversed and remanded this judgment saying the perimeter test was not the proper legal test for waiving sovereign immunity.

Sovereign immunity is the doctrine that a state or official of the state can’t commit legal wrong and is immune from civil suits. Its origins can be traced back to English monarchies where the kings and queens lived above the law. The rationale for following such an antiquated doctrine in modern times was that lawsuits could impact the budget of local governments and hinder their ability to function. The reality is that sovereign immunity can be abused by government officials in order to protect themselves from being sued for negligence in personal injury cases.

In Missouri, revised statutes have said sovereign immunity can be waived in certain cases, allowing a plaintiff to collect damages from the state or public entity, such as an election board. One of the exceptions to sovereign immunity is the defective condition of property.

The initial ruling in the Thomas case was sovereign immunity could not be waived because of a “bright line test” based on the distance from the polling place. A “bright line test” or “bright line rule” is used by courts to clarify ambiguity in laws that can be read multiple ways. For instance, the election board is responsible for making sure the condition of the polling place did not pose a danger to voters, but the definition of what areas constitute the polling place can be ambiguous. Is it just inside the building where the polls are? Does liability extend to the sidewalk outside, and, if so, how much of the sidewalk? The defense attempted to establish a “bright line rule” of a 25-foot perimeter from the polling place door since the injury occurred farther away and thus the election board would retain immunity. Opponents often say these types of rules are too simplistic and applying them to all situations can lead to unjust results. The Court of Appeals felt the Thomas case was one where a 25-foot “bright line rule” did not apply and the election board could exert control and possession beyond that perimeter.

Lawyers representing government entities and large corporations will use these types of rules in an effort to establish governmental immunity and deny injured people the money they need to cover their expenses. Because of the complicated nature of these rules, people suffering an injury because of government negligence need to contact an experienced personal injury attorney as soon as possible.

This case also dealt with premises liability which is an area of personal injury law that alleges dangerous property conditions led to an injury or death. Missouri law requires owners and possessors of property to maintain their premises in a reasonably safe manner. This includes keeping areas free of foreign objects, slippery substances and hidden dangers.

If you have any questions about premises liability or personal injury law, visit our “Common Questions” page or our contact page. The Bradley Law Firm has handled personal injury cases for 30 years and offers free, no obligation consultations.

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Posted In: Missouri Premises Liability , Personal Injury News

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