Missouri Accident Lawyer Blog

David Warren, 38, and David Bateman, 18, were killed Tuesday after the Ford Crown Victoria they were riding in hit another car on Old Highway 54 in Callaway County, Missouri.

This fatal Missouri car accident occurred around 6:35 p.m., according to the crash report from the Missouri State Highway Patrol. A second car, driven by Tanner Brown, 17, was attempting to turn onto Old Highway 54 and crashed head-on into the Crown Victoria.

Both Warren and Bateman were pronounced dead at the scene. Brown was taken to St. Mary’s Hospital for treatment of moderate injuries.

Neither Warren nor Bateman was wearing a seatbelt. The investigating officer also noted that they were driving without their headlights on.

More investigation by a Missouri car accident attorney is needed and the case will undergo an accident reconstruction to better describe the details of the crash. While it appears Brown’s turn caused the accident, fault could also be placed on the other vehicle for driving without headlights after sundown. It could turn out to be a case of comparative fault where both parties bear some responsibility for the crash.

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Posted In: Missouri Car Accidents

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The epidemic of drunken driving car accidents continues in the St. Louis area. This time two innocent people, a man and his wife, were killed and the woman was expecting their first child.

The victims, Adam Zimmer, 26, and Lindsey Arnold-Zimmer, 24, were killed Saturday afternoon on Route 111 when a drunk driver rear-ended their car and forced it into oncoming traffic, according to the St. Louis Post Dispatch.

According to police sources cited in the article, Donal Canterberry, 56, was the driver who hit the Zimmers and he was arrested on suspicion of driving under the influence.

Canterberry was injured and taken to a local hospital for treatment. Four others in the oncoming car that hit the Zimmers were also injured, though their names were not released.

Charges have not been issued, but Canterberry can expect to face very serious criminal charges and potential jail time. He also could be facing a civil suit should the family of the deceased or any of the injured consult a personal injury attorney to recoup their losses.

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Posted In: Missouri Car Accidents

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Four people were injured Friday in a Missouri tractor trailer accident on Highway 63 near Kirksville.

According to the investigating officer of the Missouri Highway Patrol, the accident occurred around 4:35 p.m. when a 2005 Freightliner, driven by Jeffrey Haase, 43, rear-ended a 2008 Pontiac, driven by John Brownell, 54. Brownell’s Pontiac was forced into a third vehicle, a 1996 Ford driven by Nancy Morrison, 36, and both smaller cars ran off the roadway.

Brownell suffered serious injuries and was taken to University Hospital in Columbia, Missouri for treatment. Morrison also suffered serious injuries and was treated at Northeast Regional Medical Center. Morrison’s daughters, Brandy and Ashley, 16 and 13 respectively, were also injured, but less severely. They also received treatment at Northeast Regional Medical Center. Haase was uninjured, according to the initial crash report.

The initial crash report did not list any summons or explain why the truck driver might have crashed into the other cars.

As soon as they are able, the injured parties should contact a Missouri tractor trailer accident lawyer for help with their case. It is important to investigate the driver and his company by checking the driver’s logbook to make sure no motor carrier laws were violated. Often in tractor trailer accidents it is revealed that the driver was simply fatigued because he had been driving longer than regulations allow. It is not known if this is the case in the Kirksville accident, but the driver’s logs will be able to shed a light into this matter.

These logbooks are only kept for a limited time and then they are often destroyed. That is why tractor trailer accidents should be investigated by experienced personal injury attorneys as soon as possible.

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Posted In: Missouri Trucking Accidents

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Robert Wood, 51, was killed early Thursday morning when his car was rear-ended on Interstate 70 near O’Fallon, Missouri.

The man who hit Wood, Chad Frazer, 29, was charged with involuntary manslaughter and leaving the scene of an accident. According to the St. Louis Post Dispatch, Frazer’s blood alcohol level was over three times the limit at 0.27, and that was when he was tested more than an hour after the crash.

According to the initial crash report filed by the Missouri State Highway Patrol, Wood was traveling eastbound in the right lane on I-70 in a 1990 Mercury Topaz. Frazer was also traveling eastbound in a 1991 Ford Mustang when he came up behind a tractor trailer. Frazer attempted to pass the big rig to the right and in doing so he rear-ended Wood’s car sending it off the right side of the highway. Frazer’s car veered to left and came to rest along the median.

Frazer was reportedly traveling at speeds in excess of 100 mph when he hit Wood’s car.

Wood was pronounced dead at the scene. Frazer was taken to St. Joseph’s Health Center with moderate injuries.

It seems like we read about another drunken driving accident every week. Please make sure that you are responsible when you go out to a bar and always be extra vigilant if you are driving late on a Thursday, Friday or Saturday night.

If you or someone you love is involved in a crash with a drunk driver, contact a St. Louis car accident lawyer as soon as possible. Many important pieces of evidence may be lost if not collected quickly by a personal injury or wrongful death attorney.

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CNN is reporting that Dustin Dibble, 25, was awarded $2.33 million in a personal injury suit for an accident that cost him his leg after he fell onto the subway tracks in front of a train.

Dibble had been drinking at a downtown New York bar in April 2006, according to CNN. His blood alcohol content was .18. While waiting for the train, he stumbled onto the tracks and his leg was severed by the coming train.

Despite the fact he was drunk, his lawyer successfully argued that the bulk of the responsibility belonged to the NYC Transit system because the train operator had actually seen Dibble on the tracks in plenty of time to stop, but failed to do so because he thought what he saw was an inanimate object. Dibble’s lawyer said that train operators should be better equipped to handle these situations.

Dibble’s drunkenness was considered a secondary cause to the accident, so his compensation was reduced from $3.5 million to $2.3 million under comparative fault laws.

Many people hearing the story of a drunken man falling on the tracks would just say he got what he deserved. A compassionate and experienced personal injury lawyer, though, can look at cases like these and discover the facts behind the headline. You do not lose all your rights simply because you’ve had a drink. Many cases are not black and white and that’s why we have comparative fault and proportional liability laws as well as personal injury attorneys to help people in these complicated cases.

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Posted In: Choosing a Personal Injury Lawyer , Personal Injury News

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Today, Judge Dildine, in the Circuit Court of Lincoln County, Missouri granted our Motion to Intervene and assert claims for Wrongful Death on behalf of a family whose mother was killed in a car wreck in Lincoln County. The claim was initially filed by an insurance company as an Interpleader cause of action. However, the family wanted to file it's wrongful death claims against the operator of a car which caused their loved one's death.

Here is the Motion I filed with the Court, which cites Missouri Rule of Civil Procedure 52.12. I figured this motion may come in handy for someone who wants to intervene in a currently pending lawsuit.

MOTION TO INTERVENE
COMES NOW [PERSON WHO WANTS TO INTERVENE], by and through his attorneys, The Bradley Law Firm, LLC and E. Ryan Bradley, and hereby moves pursuant to Rule 52.12 to Intervene in this suit and in support thereof states to the Court as follows:
1. [PERSON WHO WANTS TO INTERVENE] is the son of DECEDENT, who died in the car wreck that is the subject matter of Plaintiff’s Interpleader action.
2. Missouri Rule of Civil Procedure 52.12, named “Intervention,” states in sub-part (a) thereof, “Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of this state confers an unconditional right to intervene ….”
3. Missouri Revised Statute 537.080 confers an unconditional right to PERSON WHO WANTS TO INTERVENE, as the son of DECEDENT, deceased, to prosecute a cause of action for wrongful death against Plaintiff’s insured, PERSON WHO CAUSES CRASH, for his negligence in causing the death of DECEDENT.
4. Attached hereto as “Exhibit 1” is INTERVENOR’s Petition for Wrongful Death, setting forth his claims.

WHEREFORE, INTERVENOR prays for this Court to grant his Motion to Intervene as a Party Plaintiff, Order the Circuit Clerk to enter Exhibit 1 as being filed and for any such other and further relief as this Court deems appropriate.

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Joshua Douglas, a volunteer firefighter, has filed a personal injury suit against Greene County Deputy Gary McCormack and the sheriff’s office for a 2007 crash, according to the Springfield News-Leader.

The suit is a reversal of a previous suit where McCormack’s family filed a wrongful death suit against Douglas and the Ebenezer Fire Protection District.

McCormack himself was killed in the crash.

According to the News-Leader report, the crash in question took place in the early morning hours of October 6, 2007. Both Douglas and McCormack were responding to an emergency call and were racing toward the scene. They collided at the intersection of County Road WW and Farm Road 145.

Douglas alleges that McCormack was driving at excessive speeds and did not yield to Douglas’ vehicle.

The News-Leader also reports that a Missouri Highway Patrol crash reconstruction report has already been completed saying that Douglas was responsible for the crash. The report says it was Douglas who should have slowed at the intersection and his failure to slow at the stop sign led to the accident.

Douglas’ personal injury lawyer says that report is an opinion and that McCormack’s excessive speeding was the dominant factor in the accident.

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

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Six people were injured Friday in a side-impact collision on Route T in Savannah, Missouri.

The accident occurred around 4:30 p.m. as Lori Willis, 38, was driving her 2003 Toyota Camry west on Route T. According to the initial crash report filed by the Missouri State Highway Patrol, Willis lost control of her car and crossed the center line. Willis’ car continued into oncoming traffic where it hit the passenger side of a 1995 Chevrolet 1500, driven by Brandon Oliver, 28.

Lori Willis and two passengers, Dara Willis, 14, and Alyssa Bryan, 13, were seriously injured and taken to Heartland Medical Center for treatment. Oliver and his passengers, Jennifer Switzer, 22, and Maleah Switzer, 1, were less seriously injured, but still required treatment at Heartland Medical.

Switzer and Oliver were not wearing seatbelts.

This case is unusual because in addition to the Switzer and Oliver not wearing seatbelts, side impact collisions often cause more personal injury to those that are struck on the side. This is because cars have less safety measures to protect drivers from the side than they do from the front.

The investigating officer did not indicate what caused Willis to lose control of her vehicle and did not list any citations. A Missouri car accident lawyer could be called in to investigate and help injured parties recover damages.

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Five people were injured Wednesday in a two car accident on Rout AD in Franklin County, Missouri.

According to the Missouri State Highway Patrol, a 2001 Ford Ranger, driven by Rexal Clinton, 25, was following a slower moving vehicle on Route AD. Clinton attemptd to pass this vehicle by passing in the left lane. He attempted to make this move as he was going over the crest of a hill which probably obstructed his view. As he was cresting the hill, he collided with a 2005 Ford F-150 pickup truck.

Clinton was airlifted to St. John's Mercy Hospital in Creve Coeur for treatment. A passenger in his car, Jeremiah Rowling, 21, was taken to St. John's hospital in Washington, Missouri. Three people in the pickup were injured. The driver, Tayra Douglas, 28, and two youg chidren, Christopher and McKinzie Douglas, were all taken to St. John's in Washington for treatment.

While the initial crash report is not a full investigation into this incident, if a personal injury lawyer can back up the claim that Clinton attempted a pass on a hilltop he may be liable for damages. Passing in the oncoming traffic lane is a very dangerous maneuver and the driver that attempts it must make sure he is doing it on a safe stretch of roadway. A St. Louis area car accident attorney will investigate the crash and, by looking at skid marks on the roadway as well as other factors, will determine if negligent driving contributed to this accident.

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Authorities have been cracking down on parents who let their children drink and drive, according to a CNN story.

Many states allow parents to serve their own children small amounts of alcohol without penalty. Whether it be for religious reasons or simply a dad allowing his son to taste a beer, state laws rarely overrule the parents on this issue.

Where this becomes a problem is when the parents don’t show any restraint and are negligent in the amount of alcohol they allow a child to consume. Allowing a child to become intoxicated is grounds for child abuse in many cases, and a parent may be found criminally negligent if the child is allowed to drink and drive with the parent’s knowledge.

Missouri has some of the more lenient alcohol laws in the country. Social host laws, where the server of alcohol may be held partially responsible for the actions of those being served, don’t find as much traction here as in other states.

That being the case, a parent may find himself facing charges or a personal injury lawsuit if he allows his child to drink and drive.

Advocacy groups like Mothers Against Drunk Driving point to Missouri’s leniency regarding alcohol when discussing the number of alcohol related traffic deaths in the state. Missouri has some of the highest rates of drunk driving deaths in the country with more than 500 fatalities a year.

Since the laws in every state vary so radically on alcohol consumption, if you are injured by a drunk driver it is important to consult a personal injury lawyer with many years experience with your particular state’s laws.

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

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Paul Devasure, 40, was seriously injured Sunday afternoon on Route B when his pickup was hit by another truck that ran a stop sign.

According to the Missouri Highway Patrol’s investigating officer, Jason Hamilton, 17, was heading eastbound and tried to cross Route B. Hamilton failed to stop at a stop sign and crashed into the driver’s side of Devasure’s truck.

Devasure was flown to St. John’s Hospital in serious condition. Hamilton was also injured and taken to St. John’s with moderate injuries.

Neither driver was wearing a seat belt.

Even in cases where the initial crash report seems clear cut regarding fault, injured drivers should still seek the counsel of a Missouri personal injury lawyer. Other facts not stated in the initial report may be released later on. Insurance companies may also try to offer you less money than you are legally entitled to and without the assistance of a car accident attorney, you may not receive enough damages to cover your medical expenses. Insurance companies can often seem more concerned about the bottom line than the well-being of injured people.

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Two St. Charles County, Missouri men were hospitalized Friday after a three-car accident on I-270 near Page.

According to the initial crash report on file with the Missouri State Highway Patrol, the accident occurred during afternoon rush hour and there was a backup in traffic. Scott Nilhas, 46, stopped his 2006 Ford F150 to due to the congestion and was rear-ended by 1992 Ford Taurus driven by John Wirkus, 55. Nilhas’ truck was pushed into a third vehicle directly in front of him by the impact.

Wirkus was seriously injured and taken to St. John’s Hospital in Creve Coeur, Missouri. Nilahas’ injuries weren’t as severe, but he was still taken to St. John’s for treatment of ‘moderate’ injuries. The driver of the third car was not injured, according to the investigating officer’s report.

Anybody involved in an injury accident should contact a St. Louis area personal injury attorney as possible, but this is especially true in more complicated, multi-car accidents. Often times in a chain reaction crash a driver is responsible for the damage done to the vehicle in front of him, but only a qualified car accident lawyer will be able to look at the specifics of a case and determine definitively who was at fault and who should pay the damages.

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Photo from KMOV

Newton Keene, 46, was reportedly drunk behind the wheel when he drove into oncoming traffic on Illinois 255 Thursday and caused a crash that killed three people, according to the St. Louis Post Dispatch.

The report says that Keene got on the highway going the wrong way and crashed into a car killing a woman and her friend as well as one of her two children. The names of the victims have not yet been released.

Keene and the other child were in serious condition after the accident.

Keene was charged with three counts of reckless homicide, aggravated drunken driving and aggravated reckless driving.

The Post Dispatch reported also that this is not the first time Keene has had problems with alcohol behind the wheel. He has been convicted six times for various drunken driving crimes and had his license revoked in Illinois and Missouri.

What happened was tragic and all the more so because it could have been avoided. With Keene’s record, it’s hard to see how he was able to get behind the wheel at all. He could be facing significant jail time from criminal charges and lots of damages from a civil lawsuit should an Illinois personal injury attorney be called in to investigate the case.

In drunken driving cases, both a criminal case and a civil suit may result where a driver is sued for damages in separate proceedings. DUI accident cases require an extra level of knowledge, so anyone injured in a drunk driving accident should make sure to find a car accident lawyer that has experience with DUI cases.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Personal Injury News

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A two-car crash on Highway N in Franklin County, Missouri injured two people Wednesday morning.

The two women were Donna Lehmain, 46, and Debra Wakefield, 55, according to the Missouri State Highway Patrol. Each was driving one of the vehicles involved.

According to the initial crash report, Wakefield was traveling southbound on Highway N and Lehmain was heading north. Wakefield’s 2003 Jeep Liberty crossed the center line and struck Lehmain’s 2006 Chevrolet Impala head-on.

Lehmain was taken to St. John’s Hospital in Washington, Missouri and Wakefield was taken to St. Anthony’s Hospital in St. Clair, Missouri. Both women’s injuries were listed as moderate.

The crash report did not say why Wakefield’s vehicle crossed the center line.

The most important thing that a person seeking help from a head-on injury accident can do is contact an experienced Missouri car accident lawyer. A trained attorney will be able to assemble the evidence and build on the initial crash report to determine who is responsible for an accident and liable for the damages.

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Steven Lillicrap, 21, was killed Tuesday in a crane accident at the Edward Jones construction site near Westport in Maryland Heights, according to a St. Louis Post Dispatch report.

The accident occurred when construction workers were disassembling a large crane at the work site. Lillicrap’s safety harness was hooked into the crane cable and when the crane moved, Lillicrap was dragged into the crane, according to the Post Dispatch.

Lillicrap was rushed to St. John’s Mercy Medical Center where he was pronounced dead.

Lillicrap was working with the McCarthy Bros. Construction Company through a subcontractor. Sources from the Occupational Health and Safety Administration were cited in the story as saying the construction site was free of any sort of previous safety violations.

Construction related accidents are very difficult to deal with. Not only is there a natural trauma when someone you love is hurt or killed, but these types of accidents are often very complicated legally and may require months of investigation. The best thing a person can do after an incident like this is contact a personal injury attorney with construction accident experience. Doing this as soon as possible will ensure that no evidence is lost. A qualified accident lawyer will have the expert contacts necessary to do a complete investigation of the incident.

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Posted In: Missouri Construction Accidents

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