Missouri Accident Lawyer Blog

Denny Frazier, 22, was injured Saturday afternoon when his car collided head on with another on County Road 413 near Dexter, Missouri.

The Missouri State Highway Patrol’s report said the accident occurred at the crest of hill when Betty Musgrave, 81, began to drift into the oncoming traffic lane. Frazier was unable to avoid the collision as the drivers came over the hill.

Frazier was taken to Missouri Southern Health Care for treatment. Musgrave did not sustain any serious injury in this Missouri car accident, according the highway patrol report.

Musgrave was issued a summons for failing to drive on the right half of the roadway and for not wearing a seatbelt. The fact that the investigating officer ticketed Musgrave will be important should a Missouri personal injury lawyer be contacted to investigate the case.

Frazier was also issued a summons for not wearing a seatbelt.

David Merchant, 27, was hospitalized early Friday morning after he was hit by a car on Missouri 25 near Advance, Missouri.

According to the report filed by the Missouri State Highway Patrol, James Smith, 47, drove his 2003 Honda into another vehicle that was parked in the roadway. The second vehicle, a 2005 Ford, was then pushed into Merchant.

The report says that the 2005 Ford was stopped to assist Merchant, but does not list a driver’s name or what type of assistance they were attempting to provide.

Merchant was flown to St. Francis Hospital in Cape Girardeau for treatment. A passenger in Smith’s vehicle, Zenita Smith, 45, was also injured in this Missouri car accident and taken to St. Francis Hospital for treatment.

A Missouri personal injury lawyer will need to examine this case to determine the proper course of action for those injured. Details such as how the 2005 Ford was parked in the roadway will need to be examined to get a better idea of how this crash occurred and who is responsible.

Six Missourians were hospitalized Saturday evening after a truck rear-ended another car and forced it into oncoming traffic on Route JJ near Carl Junction.

According to the report filed by the Missouri State Highway Patrol, just before the Missouri accident Tammy Farmer, 35, had stopped her 2009 Toyota Scion as she prepared to make a left turn. James Ellis, 16, who was following in a 1994 Ford F150 pickup, failed to stop in time and crashed into Farmer’s vehicle. The impact of the crash sent Farmer’s vehicle into the oncoming traffic lane where it was hit head-on by a 2005 Honda Element, driven by Jeremy Hubbard, 20.

Farmer and Ellis were treated at St. John’s Hospital along with two passengers in Farmer’s car, Katie Hardcastle, 17, and Zack Hardcastle, 17. They are suffered moderate injuries according to the Missouri crash report. Hubbard received the most serious injuries and was flown to Freeman West Hospital. Michael Pope, 20, a passenger in Hubbard’s car was taken to St. John’s with moderate injuries.

Neither Hubbard nor Pope were wearing seatbelts, according to the investigating officer.

Missouri law often finds that negligence is assumed on the part of at-fault drivers in rear end collision cases. This is because all drivers should be in control of where their vehicle is traveling at all times. This is a more complicated case, though, as it involves three cars in two separate collisions. The crash report also does not say why Ellis was unable to stop before hitting the vehicle in front of him. More investigation by a personal injury lawyer and local authorities will be needed before all the specifics of this Missouri crash will be known.

Milton Jensen, 78, is dead after a three-car accident Friday afternoon on Highway 63. The accident also injured Keith Kempker, 33, according to the Missouri State Highway Patrol.

The crash report says the Missouri car accident was caused when Jensen attempted to cross southbound Highway 63 in a 2002 GMC and pulled directly in the path of Kempker’s 2003 Ford. Kempker broadsided Jensen’s car and sent it off the roadway. Kempker’s vehicle remained in the roadway and rolled into 2007 Toyota, driven by Donna Evert, 64.

Jensen was flown to University Hospital in Columbia where he was pronounced dead. Kempker was taken to University Hospital in an ambulance and his injuries were described as moderate. Evert did not sustain any significant injury, according to the investigating officer.

Whenever a death is involved in a Missouri injury accident, the Missouri State Highway Patrol will perform an accident reconstruction to determine the exact events of the crash and which drivers are at fault. The data from this investigation will be used by a personal injury lawyer should a suit arise from the crash.

Two people were injured Thursday evening on Route N in St. Charles County when a teenage driver apparently lost control of his vehicle and crossed into oncoming traffic.

The Missouri car accident was caused when Nicholas Rallo, 16, crossed the center line in his 2008 Toyota Scion, according to the Missouri State Highway Patrol. Rallo’s vehicle then collided with Candice Bommarito, 58, as she was heading westbound on Route N in a 2005 GMC Envoy.

Both Rallo and Bommarito sustained serious injuries in the crash. Rallo was taken to Cardinal Glennon by helicopter, while Bommarito was flown to St. John’s Hospital.

Both drivers were wearing seatbelts.

No citation was issued by the investigating officer to either driver. A personal injury lawyer may be contacted by either party to help sort out the details of the wreck and attempt to collect damages to pay for what should be rather large medical expenses.

Deborah Carpone, 49, and Steven Crawford, 51, were seriously injured Wednesday afternoon when their car collided with another on Highway 21 in Jefferson County.

According to the Highway Patrol, the Missouri car accident occurred at 4:20 p.m. when Robert Ellis, 50, who was traveling westbound on Highway 110, attempted to cross in front of Carpone and Crawford’s 1989 Chevrolet Blazer. Crawford, who was driving the Blazer, was unable to avoid crashing into Ellis’ 1990 Cadillac Seville.

Carpone and Crawford suffered serious injuries and were air lifted to St. John’s Hospital in St. Louis. Ellis received relatively minor injuries and was taken to Jefferson Memorial Hospital for treatment, according to the crash report.

While the initial crash report indicates Ellis pulled into the path of Crawford, this is just the opinion of the investigating officer and more investigation by an experienced St. Louis personal injury attorney will be needed to fully describe the specifics of the crash.

A Missouri teen lost control of his vehicle Monday afternoon on I-270 and started a chain reaction crash that involved five separate vehicles and sent five people to the hospital.

Lenard Booker, 19, was northbound on I-270 in a 1993 Toyota Camry when he lost control of his car and crashed into the inside median wall. Diana Kahney, 65, was following behind Booker in a 2005 Ford Fusion and swerved to avoid hitting Booker’s vehicle. In swerving to avoid a collision, Kahney’s car struck a 2008 Ford Ranger. A dump truck and a 2005 Jeep Liberty were also unable to avoid crashing into the pileup of vehicles, according to the Missouri State Highway Patrol.

The injuries were all sustained by passengers in the first two vehicles, according to the initial crash report. Kahney suffered serious injuries and was taken to St. John’s Mercy for treatment. Booker and three passengers in his car, Breon Goff, 19; Kyeon Grimes, 19; and Andre Pendleton, 20; all suffered moderate to minor injuries and were also treated at St. John’s Mercy.

In complicated Missouri car crashes such as this, much more investigation will go into the crash to figure out exactly what happened and which drivers may be at-fault. The details described in the initial accident report are the opinion of the investigating officer and, unless he was trained in accident reconstruction, would be considered hearsay in court. A St. Louis personal injury attorney will have to investigate the accident more closely in order to gather the evidence needed, should a personal injury lawsuit arise from the accident.

A recent St. Louis Post Dispatch report, which analyzed data from the Missouri State Highway Patrol, shows that Missouri car accidents are on the rise on Interstate 44 in the St. Louis area since the construction on Highway 40 began.

The report suggests that the narrowing of lanes on I-44 to accommodate the extra traffic has caused a 27 percent jump in injury accidents over the first half of 2008 as compared to the first half of 2007.

While injury accidents were rising, the number of fatal crashes fell over that same period. There were two fatal crashes on the local stretch of I-44 in the first half of this year compared to seven in the first half of 2007, according to the Post Dispatch.

Standard highway lanes are 12 feet wide or wider. Since the Highway 40 construction began, the lanes on I-44 were cut to 11 feet wide.

Just as St. Louis drivers have gotten used to the change in the highway system, the second phase of the Highway 40 construction will once again alter traffic patterns. On December 15, the western portion of Highway 40 will open and the section from I-270 to Kingshighway will close.

We urge you to take it slow on the highways these next couple months and to always wear your seatbelt. The highway switch may alter your normal commute and when you mix in winter weather, the risk of a serious crash is greatly increased.

If you are involved in an accident on any Missouri highway, one of the first things you should do after seeking medical attention and exchanging insurance information is to contact a personal injury lawyer. Highway collisions can be very complicated cases and the counsel of an experienced attorney will ensure that you receive the help you need to cover any medical expenses that resulted from the crash.

Connie Lutz, 59, and Melanie Trentmann, 38, were hospitalized Friday afternoon after a two vehicle crash on Missouri 100 in Franklin County.

According to the Missouri State Highway Patrol, Lutz and Trentmann were traveling eastbound in a 2001 Dodge Grand Caravan when they were forced to stop because of traffic. Samuel Bartlett, 33, who was behind the women in a 2004 Freightliner van, failed to notice that traffic had stopped and rear ended the Grand Caravan.

Lutz and Trentmann were taken to St. John’s Mercy Hospital in Washington, Missouri. Lutz’s injuries were listed as serious while Trentmann’s were listed as minor. The investigating officer did not indicate that Bartlett sustained any injuries.

The crash report did not specify whether a citation was issued to either driver.

In most rear end collision cases there is a doctrine that says the at-fault driver’s negligence is presumed. The “rear end collision doctrine, as it is commonly referred to, is based on the reasoning that all drivers are required to be in control of their vehicles at all times.

Photo from KMOV-TV

Donald Legens, 34 was killed and his infant son was critically injured after a hit-and-run driver crashed into Legens’ car early Friday morning, according to a St. Louis Post Dispatch report.

According to witnesses cited in the report, a tow truck smashed into the car, which was stalled in the road, and then fled the scene. The crash occurred on West Pontoon Road in Granite City, Illinois.

Legens’ car had apparently run out of gas and the truck hit the car as Legens’ stood outside refueling it. His son remained strapped in a car seat inside the vehicle, according to the Post Dispatch story.

Legens’ was pronounced dead at the scene from massive head trauma. His son, whose name has not been released, was flown to Cardinal Glennon Children’s Hospital in critical condition.

Police have arrested tow truck driver Mark Alan Ikerman, 43, in connection with the crash on a tip from a witness. Ikerman lives in Edwardsville, Illinois and works for Manheim Auto Auction.

Ikerman has been charged with two counts of aggravated driving under the influence, leaving the scene of an accident, and failure to report an accident.

Three Missouri women were hospitalized Tuesday after a two-car crash on Highway 63 in Pomona.

According to the Missouri State Highway Patrol, a 1985 Ford F-250, driven by James Reiners, 58, pulled into the path of a 2001 Ford Windstar Van, driven by Sheryl Ford, 51. Ford, who was traveling northbound, was unable to avoid Reiners’ truck and crashed into its driver’s side.

Ford was taken by ambulance to Ozark Medical Center with moderate injuries. Two passengers in Ford’s van, Rebekah Ford, 22, and Anna Luton, 49, were also taken to Ozark Medical Center for treatment. Reiners did not sustain any significant injuries, according to the investigating officer’s report.

Reiners was issued a summons for failing to yield.

Debra Ralston, 19, was killed and two others were injured Monday in a two-car accident on Missouri 39 near Miller, Missouri.

The accident occurred around 6:25 p.m. when a 1999 Chevrolet Tahoe, driven by Dennis Key, 55, crossed over the center line and collided with the 1993 Saturn Ralston was driving, according to the Missouri State Highway Patrol.

Ralston, who was wearing a seatbelt, was killed in the accident and pronounced dead at the scene.

Two passengers in Ralston’s vehicle, Bryce Ralston, 4, and Janis Dillard, 40, were injured in the wreck and were taken to Cox South Hospital for treatment. The investigating officer did not indicate that Key suffered any injury.

The crash report does not indicate what might have caused Key to cross into oncoming traffic. Since there was a fatality, an accident reconstruction will be conducted to determine the specifics of the crash and determine liability.

David Coyle, 23, was charged with driving while intoxicated Saturday after a Missouri accident that sent him and another man to the hospital.

According to the Missouri State Highway Patrol, Coyle was northbound on Highway 136 in a 1993 Chevrolet and attempted to make a left turn near the Unionville city limits. Coyle failed to yield to a 1977 Chevrolet, driven by James Engle, 29, which struck his car on the driver’s side.

Coyle was flown to University Hospital in Columbia, Missouri with serious injuries. A passenger in Engle’s vehicle, Charles Collins, 88, was taken to Putnam County Memorial Hospital for treatment. The investigating officer did not specify any injuries for Engle.

Coyle was charged with driving while intoxicated and second degree assault.

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.

Even if Engle was partially at fault for the accident, he and Collins may be able to recover damages because of the comparative negligence system used in Missouri. 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. This can happen in crashes where a DWI is issued.

Photo from KSDK.com

Eight children were taken to Cardinal Glennon Children’s hospital today after a bus crash, according to numerous area media reports.

The bus crashed into a telephone pole on the corner of Broadway and Lafayette at approximately 8 a.m.

While the children were taken to the hospital as a precaution, it appears that most of the injuries are relatively minor neck and back injuries. Thankfully no serious injuries were reported, but neck and back strains, like whiplash, can be very painful.

No word has been released on what caused the bus accident and no names of people involved were released by authorities.

If more information is released, we will post it here.

A study by USA Today shows that the number of hit-and-run car accidents has jumped 20% since 2000 and is now at its highest level in more than a decade.

Leaving the scene of an accident is a felony offense and results in hundreds of deaths each year. Despite this fact, some motorists still flee the scene in an attempt to avoid a confrontation with police sent to investigate the crash.

In 2003 alone, 1,557 people were killed nationwide in hit-and-run accidents. In many cases, the offending driver is never caught and brought to justice.

Even if the hit-and-run driver is never found, those injured in the crash can still get help from their own insurance company. Typically, the liability insurance of the at-fault driver pays for injuries sustained in an accident. In hit-and-run accidents, the at-fault driver is obviously not present so the injured party must make a claim on his own coverage plan. All insurance companies are required to include uninsured motorist coverage in all their plans that will cover expenses if you are involved in an accident with a hit-and-run driver.

This coverage applies even if you are a pedestrian hit by an uninsured or hit-and-run driver. Over 900 pedestrians are killed by hit-and-run drivers each year.

Filing these claims can be very complicated so it is important to consult with an experienced personal injury attorney as soon as possible.

If you ever happen to witness a driver leaving the scene of an accident, please don’t stay silent. Call 911 and give a vehicle description so that the driver might be brought to justice.