Missouri Accident Lawyer Blog

Yasmin Jackson, 19, and Kevetta Davis, 19, were killed Friday when a truck driver who fell asleep at the wheel crashed into their SUV on I-57 in Southern Illinois.

The truck driver, identified as Dennis Hernandez, 38, was transporting equipment for musician and TV star Bret Michaels when he fell asleep, crossed the center line, and crashed into Jackson’s SUV as well as a pickup.

The passengers in the pickup, William Wiley, 63, and Colleen Wiley, 59, both suffered major injuries and were flown to Barnes-Jewish Hospital. Hernandez suffered minor injuries.

According to the Post Dispatch, Hernandez was charged with driving on a suspended license as well as several other traffic violations.

An investigation into the accident, including the truck driver’s log books, will reveal whether Hernandez violated any other Motor Carrier Regulations that might have contributed to this tractor-trailer accident. One of the most commonly violated rules is the Hours of Service Regulation which limits the amount of time drivers can be behind the wheel so they are not driving on short rest.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Trucking Accidents

Bookmark:

The Major Crash Investigation Unit of the Missouri State Highway Patrol completed an investigation into a March 21, 2008 tractor-trailer crash that killed three children south of Rolla, according to the Rolla Daily News.

The accident occurred when a 2003 Freightliner tractor-trailer, driven by Alvin Lewis, 38, rear-ended a 1989 Ford Tempo on Highway 63 near Edgar Springs. Riding in the car was Mark T. Barton, Christina E. Miess, and Miess’ three children.

Christel Miess, 12; Gracey Miess, 5; and infant Gaberielle Miess were all killed in the crash.

According to the Rolla Daily News, the 117-page report details the events leading up to the crash where the Miess family stopped in a construction zone before being struck by Lewis’ tractor-trailer. The information in the report has been given to local prosecutors and will be used should a criminal trial or a personal injury suit arise from the incident.

While no charges have yet to be filed, the Daily News report suggests that Phelps County Prosecutor Courtney George is likely to seek charges of careless and imprudent driving or even manslaughter.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Trucking Accidents , Personal Injury News

Bookmark:

A three-car accident on Missouri 13 injured six people Saturday morning just north of Springfield, Missouri.

According to the Missouri Highway Patrol, Troy Caskey, 46, and Katherine Vannatta, 49, had stopped their vehicles for a red light at the intersection of Missouri 13 and Route O. Pamla Perry, 41, was also traveling on Missouri 13, but failed to stop her 1990 Dodge Caravan before rear-ending Caskey’s 2002 Ford Expedition, causing it to strike Vannatta’s 2008 Impala.

Perry and Caskey suffered injuries as well as four members of Caskey’s family who were riding in the car with him. Kenda Caskey, 41; Emily Caskey, 8; Kelen Caskey, 9; and Tristen Caskey, 5, all suffered moderate to minor injuries, according to the crash report. All of the injured were taken to St. John’s Hospital in Springfield for treatment.

Perry was not wearing a seat belt, but the entire Caskey family was.

This accident is very similar to another chain-reaction type accident that we reported on yesterday. These accidents underscore the reasons why drivers should be attentive on state highways and county roads as cars in front of them could stop suddenly at any time.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents

Bookmark:

Five people were hospitalized Friday afternoon after a four-car accident on U.S. 65 in Dallas County.

The accident occurred when Joseph Ritsch, 70, stopped his 2007 Ford Focus to make a left turn onto Route TT about 12 miles south of Buffalo, Missouri. According to the Missouri Highway Patrol, two other vehicles stopped safely behind Ritsch before a 2000 Ford Pickup, driven by Jeremy Kelso, 28, failed to stop and struck the line of cars.

The impact caused a chain reaction forcing each car to collide with the next one in line. Three of the four vehicles were totaled by the crash.

All of the injuries were sustained by passengers riding in the two middle cars. Becky Owens, 28; Connor McConnell, 10; and Khristian Sommerfeld, 3, were riding in a 2000 Dodge Intrepid directly behind Ritsch’s car. Tim Ewing, 42, and Doug Kinsey, 56, were riding in a 1997 Chevrolet Pickup that was the first to be struck by Kelso’s vehicle.

Owens and Kinsey suffered serious injuries while McConnell, Sommerfeld, and Ewing’s injuries were listed as moderate to minor by the investigating officer. Neither Ritsch nor Kelso was injured, according to accident report. All of the injured were taken to St. John’s Hospital in Springfield.

Accident’s involving multiple vehicles can be very complicated to handle from a personal injury attorney’s perspective. Fault may be harder to establish and, under Missouri’s comparative fault system, liability for damages may be placed on multiple drivers.

Often, in cases were a line of cars has a chain reaction-type crash, each driver is considered responsible for the damages their vehicle causes to the one directly in front of them. This is because drivers are expected to keep a safe distance between them and any cars in front of them. Many other factors, such as the speed Kelso was traveling, must first be examined in the Dallas County crash before fault is assigned.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents

Bookmark:

Five lawsuits have been filed this month against numerous companies and people associated with Rockwool Industries, a company that manufactured insulation, for allegedly contributing to dozens of illnesses in Cameron, Missouri.

Rockwool Industries, which closed in 1991, operated a factory near the city of Cameron that used various chemicals and industrial procedures to turn iron into fiber insulation.

As many as 68 area residents have reported cases of brain or nervous system tumors and the Missouri Department of Health and Senior Services is investigating the area to see if there is any connection between the factory and the residents’ health problems.

Samples of soil and water are being tested for a number of harmful contaminants, but so far no chemical has been found in high enough concentration to cause any ill effects to humans.

This type of personal injury suit is considered a premises liability case. These types of cases allege that a property owner failed to maintain a safe environment on their property and that the unsafe conditions lead to an injury or illness. The Cameron case deals with chemical expose, but premises liability cases can involve falls on uneven sidewalks, poorly constructed buildings, or any number of environmental hazards.

Whenever someone is injured by a property hazard, the most important thing to do after seeking medical treatment is to contact a personal injury attorney that handles premises liability cases. There are statue of limitations issues that may keep you from recovering damages if you wait too long to file a suit. If you believe you have been exposed to hazardous chemicals in any way, it would also be a good idea to keep documentation of how many times and for what duration you were exposed.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Premises Liability , Personal Injury News

Bookmark:

The National Transportation Safety Board released a special report Tuesday that identified numerous safety issues with the skydiving industry.

The report was in response to several recent tragedies across the country involving malfunctioning parachutes and poorly maintained planes used to launch the parachutists. One of these incidents was a 2006 plane crash in Sullivan, Mo. that killed six people.

According to the report, while public perception is that the jump is the most dangerous part of skydiving, a large percentage of the accidents were the result of improper plane maintenance, lack of pilot training, and inadequate FAA oversight and surveillance.

Approximately 3 million parachutists fly every year. Since 1980, 172 people have been killed in airplane accidents unassociated with the actual jumping and deploying of the parachute. Parachute malfunction or skydiver error during the jump only accounted for 30 deaths during that same span.

The Sullivan crash that prompted the investigation was also detailed in the report. In that incident, a de Havilland DHC-6-100 plane, operated by Skydive Quantum Leap, crashed shortly after takeoff. The NTSB determined that the probable cause was the pilot’s failure to maintain airspeed after losing power in the right engine.

The Board recommends more safety restraints within skydiving planes as well as more comprehensive pilot training and FAA surveillance. Many of the pilots involved lacked necessary training to spot potential mechanical failures.

All skydivers accept the risk associated with their sport every time the go in the air. This does not mean, however, that skydiving companies are free from all legal obligations to ensure a safe flight and jump. Improper plane maintenance and pilot error are unacceptable and are the leading causes of plane tragedies in Missouri.

If you would like more information about personal injury law as it relates to aviation, visit our website. If you have specific questions about your case, contact us at The Bradley Law Firm.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Airplane Crashes , Personal Injury News

Bookmark:

Linsey Nelson, 19, was killed and Larry Logsdon, 65, was seriously injured Friday in an accident on Highway 71 north of Maryville.

According to the Missouri State Highway Patrol, the accident occurred when Nelson failed to stop her 2003 Dodge at a stop sign and crossed in front of Logsdon’s 1998 Chevrolet 1500. Nelson’s car was sent spinning into a third vehicle. Logsdon was thrown from his truck and came to rest in a nearby ditch.

Nelson was pronounced dead at the scene. Logsdon was taken to St. Francis Hospital in Maryville for treatment. No one in the third car was injured, according to the investigating officer.

Logsdon was not wearing a seatbelt while Nelson was.

No summons was issued. A more thorough investigation including an accident reconstruction will follow.

Side impact collisions, like the Maryville crash, can lead to devastating injuries because most of the safety features in cars are designed to protect passengers from front-end collisions. Recently manufactured cars have more side curtain airbags and side crumple zones than older cars, but the risk for severe head trauma remains.

If you would like more information regarding personal injury law, or would you like to sit down with one of our attorneys for a free consultation, contact us at the The Bradley Law Firm.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents

Bookmark:

Catherine Welch, 24, was killed and four others were injured Friday in a two car accident on County Road 363 just south of Nemo, Missouri.

Welch was driving north in a 2004 Chevrolet with Brian Hawthorne, 25, when another car crossed the center line in front of Welch. The other car, a 1999 Chevrolet driven by Brent English, 21, hit Welch’s car head-on.

Welch was taken first to Citizens Memorial Hospital in Bolivar and later moved to St. John’s Hospital in Springfield where she was pronounced dead, according to the highway patrol. Breanna Shannon, 15, a passenger in English’s car was also seriously injured and taken to St. John’s hospital. English, Hawthorne, and another passenger, Craig Smith, 18, were taken to Citizen’s Memorial Hospital for treatment.

The investigating officer did not say what could have caused English to cross the center line. Since there was a fatality, an accident reconstruction will be performed to determine the specifics of the crash. This information will be used by a personal injury attorney should a lawsuit arise from this crash.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents

Bookmark:

One person is dead and two others are seriously injured after a pickup crashed into a Camaro Wednesday on Highway 59 just a mile from the Missouri – Kansas border.

According the Highway Patrol, Danny Groshong, 18, was traveling westbound on Highway 59 in a 1997 Chevrolet Camaro and attempted to pass another vehicle by moving to the eastbound lane. Jacob Stutz, 18, was traveling eastbound in a 1995 Dodge Pickup when Groshong pulled in front of the pickup. Both Groshong and Stutz attempted to avoid the collision by swerving towards the south shoulder causing a head on collision. Stutz’s pickup drove over the top of the Camaro before rolling off the roadway.

Groshong’s brother, Joshua Groshong, 19, was a passenger in the Camaro and was killed by the impact. Danny Groshong was flown to the KU Medical Center in Kansas City. Stutz was taken to the Atchison Hospital for treatment.

Charges are pending for Danny Groshong.

Since the crash report was filed with the help of a trained accident investigator, the accident description will carry more weight in court should a lawsuit arise from the crash. These accident descriptions are often considered hearsay as many highway patrol officers do not have the necessary accident investigation training to determine all the specifics of a crash. In those cases, a personal injury lawyer will need to consult the accident reconstruction report rather than the initial on-site crash report.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents

Bookmark:

A story released in the St. Louis Post Dispatch outlined the sources of campaign contributions to the candidates in Missouri’s race for governor. As expected, Republican Kenny Hulshof is supported by big business and large pharmaceutical companies, while Democrat Jay Nixon is seeing a lot of support from the legal community.

The principle reason for this is the candidates’ stances on tort reform, an issue that has been discussed several times on this blog. Supporters of tort reform, like Hulshof, aim to restrict the legal process and limit the amount of damages that can be awarded in lawsuits. Tort reformers argue that this will limit frivolous lawsuits and lower costs for consumers, but opponents argue that severely injured people are left without the help they deserve to pay for medical expenses.

The Post Dispatch reports that Hulshof regularly uses the title “trial lawyer” as an insult and claims that personal injury attorneys are basically ambulance chasers. This opinion seems particularly dismissive of a group of people that aim to help the sick and injured receive the help they need when wronged by the negligence of others.

Hulshof has already supported limits on damages in civil cases, according to Post Dispatch, and has made it difficult to have cases be heard by judges who were likely to award large settlements.

Once the race is decided, the new governor will appoint judges that will either support the rights of injured citizens or continue to let big business off the hook.

You can go here to read the full Post Dispatch report. You can also view the resources section of our website for more information on Missouri and Illinois attorneys.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Personal Injury News

Bookmark:

Four people were injured Monday in a two-car crash on Highway 25 just south of Malden, Missouri.

According the Missouri State Highway Patrol, the accident occurred when Sara Blake, 17, pulled her 2001 Ford Taurus into the path of a 2006 Chevrolet Impala, driven by Jannie Beasley, 60.

Blake was airlifted to St. Francis Hospital in Cape Girardeau and Beasley was taken to Dexter Memorial Hospital. Two other teenagers in Blake’s vehicle were also injured. Brittany Cantrell, 17, was also airlifted to St. Francis, while Lexi Vincent, 15, was taken to Dexter Memorial.

The investigating officer reported that Blake failed to yield to Beasley’s vehicle. A citation is pending. If Blake is found to be negligent in driving her car, Beasley may be able to collect damages to help pay for her medical costs. Anyone injured by another person's fault in a Missouri car accident is entitled compensation from the at-fault driver's liability insurance.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents

Bookmark:

Six people were hospitalized, including three children, after a two-car accident Sunday on I-44 just east of St. James, Missouri.

The accident occurred when Carmen Archer, 52, slowed her 2005 Pontiac Bonneville in the passing lane as she prepared to make a u-turn at an emergency vehicle crossover. According to the investigating officer, a 2006 Dodge Caravan, driven by Ruth Faulkner, 53, then crashed into the rear of the Bonneville sending both vehicles off the highway.

Archer and Faulkner both suffered moderate injuries. Melanie Archer, 33; Chelsey Davis, 11; Hannah Faulkner, 10; and Rebecca Faulkner, 15, all suffered various injuries as passengers. All of the injured were taken by ambulance to Phelps County Regional Medical Center in Rolla for treatment.

Despite the fact that Archer was slowing in the passing lane to make a u-turn, the “rear end doctrine” could place negligence on Faulkner. Under most circumstances Missouri law says that the at-fault driver’s negligence is presumed in rear impact car accidents. This is because attentive drivers should be in control of their cars at all times and be able to avoid such collisions if they are following other vehicles at a safe distance. More investigation of this accident is needed to see if this doctrine applies and which driver truly is liable for damages.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents

Bookmark:

Johnny Roberts, 23, was killed and another man was seriously injured Saturday when the pickup truck they were riding in collided with a tractor-trailer on Route B.

The accident occurred as Roberts’ pickup came over the crest of a hill on Route B. According to the highway patrol, a tractor-trailer, driven by David Jones, 66, was entering Route B from a gravel road and was blocking most of the roadway. Roberts was unable to stop and the pickup slid partially under the trailer, striking the front axle.

Roberts was pronounced dead at the scene. The passenger, Scott Labrozzi, 39, was taken to Heartland Regional Medical Center with serious injuries.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Trucking Accidents

Bookmark:

Erich Adler, 18, was killed Thursday in a car accident in Marthasville while trying to pull out of a parking lot along Highway 47.

According to the Highway Patrol, the accident occurred around 3:00 p.m. when Adler attempted to make a left on to Highway 47. A 1996 Ford Ranger, driven by Cody Williams, 20, traveling south on the highway hit Adler’s 2000 Dodge Neon on the driver’s side.

Adler was taken to St. John’s Hospital in Washington where he was pronounced dead. A passenger in the Neon, Jeremy Adler, 16, was also taken to St. John’s Hospital with serious injuries. While the Ford Ranger suffered extensive damage, the investigating officer did not report any injuries for Williams.

A more detailed investigation into the accident will be needed to prove fault for the purposes of settling the damages with the insurance companies.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents

Bookmark:

After a Missouri car accident, one of the first things you should do is exchange insurance information with others involved in the crash. Dealing with insurance companies is a large part of what happens after an accident.

If someone is injured in a Missouri wreck, the liability coverage of the at-fault driver is used to pay for any medical bills, lost wages, pain and suffering, and disability caused by the accident. In Missouri, the limits on liability insurance coverage are $25,000 for a single injured person or $50,000 for all injured in a single wreck. This means that if someone causes an accident injuring one other person, his liability insurance would cover up to $25,000 of damages. If the accident injured more than one person, the liability coverage would pay up to $50,000 total for everyone that was injured. If the cost of the injuries surpasses the limit, the difference must come from the pocket of the at-fault driver.

While it is the law in Missouri and Illinois that all drivers must have liability insurance, some accidents are still caused by uninsured drivers. To protect those injured in these cases, all insurance policies automatically come with uninsured motorist coverage. If you are injured by an uninsured motorist, you can make a claim against your own insurance company to collect damages to pay your recovery costs.

Uninsured motorist coverage also protects you against hit-and-run drivers, even if you were a pedestrian at the time of the accident.

Unfortunately, sometimes insurance companies put their own bottom line over the health and well being of an injured driver. They will often call you after an accident asking for a statement and they can use that information to limit the damages they pay. For this reason, it is important that you consult a personal injury attorney before speaking to an insurance company after an accident.

If you have more questions about insurance claims after an injury accident, please visit our website for more information.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Personal Injury News

Bookmark:

Ila Niswonger, 86, was seriously injured Sunday when the 2001 Chrysler she was a passenger in collided with two other cars on Highway 61 just north of Jackson, Mo.

According to the Highway Patrol, Robert Harper, 81, the driver of the Chrysler, was traveling north on Highway 61. Another vehicle, a 2005 GMC driven by Dale Steffens, 67, was also traveling north and attempted to make a left turn in front of Harper’s car. Harper’s car was deflected into oncoming traffic where it was hit by a 1999 Ford head-on.

Niswonger was taken to St. Francis Hospital in Cape Girardeau. Despite extensive damage to the other vehicles, the patrol lists no other injuries.

Since the accident was not witnessed by the investigating officer, his description of the crash would not be sufficient evidence to prove liability. It is not known whether Steffens was negligent in making the left turn that caused the accident. An accident reconstruction organized by a personal injury attorney would be able to determine fault for the purpose of collecting damages.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents

Bookmark: