Missouri Accident Lawyer Blog

John Hesse, 80, and Judith Thompson, 53, were seriously injured Tuesday after their cars collided on Missouri 81 near Kahoka, Missouri.

According to the Missouri State Highway Patrol, this Missouri injury accident occurred when Hesse tried to cross Missouri 81 in his 1999 Ford. Hesse’s car pulled into the path of Thompson’s 1999 Dodge and was struck in the passenger side door.

Both Hesse and Thompson were seriously injured. Hesse was taken by ambulance to Keokuk Area Hospital and Thompson was airlifted to Blessing Hospital.

Side impact collisions can, in many cases, be more dangerous than head-on collisions. Most cars have numerous safety features designed to keep passengers safe in the event of a head-on collision. The front end of the car also absorbs most of the impact. This is not the case in side impact collisions. While some vehicles do have side curtain airbags, the jarring side to side motion often creates neck injuries and the thin layer of the door often fails to keep the passenger safe from objects entering the cabin.

The initial crash report in the Kahoka crash is just the opinion of the investigating officer. Unless he actually witnessed the crash, it would be considered hearsay in court. A Missouri personal injury lawyer would need to conduct more extensive investigations should this incident produce a personal injury suit.

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

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Ann Kaminsky, 47, was found dead Sunday after apparently falling into a lake inside a condo complex in Weldon Springs, according to a St. Louis Post Dispatch report.

According to officials cited in the report, no foul play is suspected and no signs of trauma or struggle were immediately visible. An autopsy will be conducted as will a toxicology report, but the findings may not be released for weeks.

The report also says that witnesses saw Kaminsky drinking what might have been alcoholic beverages and reading, though it is not known what exactly she was drinking. Officials say it’s likely that she fell on a slippery area around the lake.

The results of the autopsy and toxicology report will tell us a lot about this case. If Kaminsky had been drinking heavily, it is entirely plausible that she simply fell in the lake while inebriated and was unable to swim out. If it tests come back saying she hadn’t had that much to drink, or that the slip and fall knocked her unconscious, this might be a case of premises liability.

A premises liability case alleges a defect or dangerous condition of property causes personal injury or death to a person. 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 an investigation into the condo grounds turns up evidence that there was a slippery and unsafe area around the lake that pedestrians were expected to walk in, a Missouri personal injury attorney could argue that the condo managers were negligent in maintaining their property.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Personal Injury Lawyer News , Missouri Premises Liability , Personal Injury News

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Three people were injured Wednesday after two cars collided at the intersection of Highway 71 and Highway U in Nodaway County, Missouri.

According to the initial crash report, James O’Donnell, 19, was attempting to cross Highway 71 in a 2006 Mercury Grand Marquis just before the Missouri car crash. The investigating officer from the Missouri Highway Patrol wrote that O’Donnell failed to yield to a northbound 1996 Plymouth Neon, driven by Brandi Mallory, 33. The northbound vehicle struck the passenger side of O’Donnell’s Grand Marquis and both vehicles ended up off the northeast side of the intersection.

O’Donnell and Mallory were both injured and taken to St. Francis Hospital. A passenger in Mallory’s vehicle, Tannara Hoover, 19, was also injured and taken to St. Francis for treatment.

Neither Mallory nor Hoover was wearing a seat belt.

The Missouri Highway Patrol did not indicate any citations were given, but the initial crash report does seem to indicate fault on the part of O’Donnell for failing to yield. Should a personal injury lawsuit arise from the accident, a Missouri car accident attorney will investigate the crash further to see if indeed negligence on the part of either driver led to this multiple injury crash.

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Many people that have not been in a serious injury accident wonder sometimes about the necessity of personal injury lawyers. They may feel like insurance companies will be able to take care of them after they or their loved ones are hurt. After all, that’s what you are paying the insurance premiums for.

Unfortunately, the reality is much more complicated than that. Insurance companies are there to make a profit and many times, this pursuit of profit conflicts with the well-being of their clients. Insurance companies will not full compensate victims and will look for ways out of paying for an expensive accident. The insurance companies know the law and will try to get by paying the bare minimum, even if that leaves their clients less than whole.

Essentially, a personal injury lawyer levels the playing field for the average person. They will fight for you and, if you have an experienced attorney on your side, will have equal knowledge of the law that the insurance companies do. It’s not a matter of trying to make extra money after an accident. It’s a matter of making sure your rights as a victim are preserved.

Accident and injury lawyers usually work on a contingency fee basis, which means that they do not receive a fee unless they successfully represent your case. There are no upfront costs to incur during a time when an injured person already has too many costs to worry about.

If you or a love one have been injured, I would recommend at least getting a consultation with an attorney. Many offer free consultations with no obligation to hire.

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Posted In: Choosing a Personal Injury Lawyer

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Four people were killed and two were injured early Saturday morning in a Missouri car accident on Dougherty Ferry Road.

The driver of a 1997 Honda Accord, Nitesh Adusumilli, 27, was turning into the westbound lanes of Dougherty Ferry Road when the accident occurred, according to the Missouri State Highway Patrol. Another car, a 2001 Mitsubishi Eclipse driven by Christine Miller, 41, was heading east in the westbound lanes and crashed into the passenger side of Adusumilli’s car.

Adusumilli and Miller were both injured and taken to St. John’s Mercy Hospital for treatment. Four passengers in Adusumilli’s car, Anusha Anumolu, 23; Satya Chinta, 25; Anita Lakshmi, 23; and Prya Muppvarapu, 22; were all killed.

The St. Louis Post Dispatch is reporting that Adusumilli has regained consciousness, but he is still disoriented and hospital workers have not yet explained to him why he is in the hospital and what happened to the other people in his car, one of whom was his fiancée.

An investigation into the accident is ongoing. The Post Dispatch reports that charges are pending and that Miller may have been drinking prior to the crash. If this turns out to be true, it will be another in a recent string of fatal accidents involving drunken drivers in the St. Louis area, including a similar accident we posted here involving a driver heading the wrong way into traffic.

Setting aside the enormous emotional impact of this tragedy and looking at the facts from a personal injury lawyer’s perspective, once the charges are filed and sobriety test results are released they will go a long way toward pinning down liability and negligence on the driver responsible for the accident.

The Post Dispatch is also reporting that Miller is a police officer, but no sovereign immunity issues should arise if a St. Louis area car accident attorney is brought in to file suit as Miller was not in a police car and was not performing her duties as an officer.

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Two people were hospitalized Thursday after a Missouri tractor trailer accident on Interstate 55 in Jefferson County, Missouri.

The accident occurred on southbound I-55 near Route Z, according to the initial crash report filed by the Missouri State Highway Patrol. Brittany Charboneau, 22, was stopped in her 2002 Pontiac Sunfire in the left lane. A 1996 Kenworth Conventional tractor trailer, driven by Walter Rodriguez-Martinez, 34, was also traveling southbound in the left lane behind Charboneau’s car.

The tractor trailer rear ended Charboneau’s car, pushing it into another vehicle, a 2001 Chevrolet Cavalier driven by Charlene Townsend, 66.

Charboneau suffered serious injuries and was transported to Jefferson Regional Medical Center. Townsend was also taken to Jefferson Regional with moderate injuries. Rodriguez-Martinez was uninjured.

All drivers were wearing a seat belt.

The investigating officer did not say why Charboneau’s vehicle was stopped in the left lane of the highway. Typically, though, negligence on the part of the at-fault driver is assumed in rear-end collision cases. Still, if a Missouri personal injury lawyer is called to represent any of the drivers involved, this piece of information will be needed.

The other major pieces of information that a St. Louis area tractor trailer accident attorney will seek is the background of the big rig and its driver. The driver is supposed to keep a log of all his driving to ensure that he does not violate any trucking regulations.

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A four-car Missouri accident on Highway 69 in Clay County killed one person Saturday while injuring four others.

According to the Missouri Highway Patrol, the accident occurred around 7:20 p.m. when Lucas Bates, 28, attempted to pass a line of cars on the two lane highway. His northbound 2000 Ford entered the southbound lanes and it collided head-on with two southbound vehicles. The first was a 2007 Buick, driven by Shirley Harless, 60; the second was a 2005 Pontiac, driven by Amy Oliphant, 26.

The investigating officer said that Harless' Buick was forced off the road by the impact. Oliphant's Pontiac also ended up off the roadway where it caught fire. Debris from the initial crash flew back into the northbound lanes where it struck a fourth car causing minor damage.

Harless was pronounced dead at the scene. Robert Smallwood, 58, was in Harless' car and suffered serious injury. Bates was also seriously injured. Amy Oliphant and a passenger, Nathan Oliphant, 27, suffered less serious injuries.

An investigation into the crash is ongoing. Charges are pending, according to the initial crash report.

Once the charges are filed and the investigation is complete, a Missouri car accident attorney will be able to use that information should a personal injury lawsuit come from this incident.

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Heather Sheree Balven, 31, was killed Thursday morning after driving a pickup truck in front of an Amtrak train in Hartford, Illinois.

According to a St. Louis Post Dispatch report, Balven was driving east on 7th street when her truck was hit by the train. The crash occurred around 7:23 a.m.

Investigators pronounced Balven dead at the scene. None of the train's passengers or crew were injured, according to the Post Dispatch.

Toxicological tests for alcohol and drugs in Balven's system have been submitted to authorities, but no results have been released. Information from the train's on-board monitoring system will also be examined.

The train had left St. Louis and was on its way to Chicago.

According to the Post Dispatch, the crossing where the injury occurred does not have a gate, warning lights or bells. It only has an x-shaped warning sign. That particular stretch of track is owned by Kansas City Southern.

This is the third Amtrak incident in the last few months. Fortunately, the last couple incidents did not result in any fatalities. 15 people died in vehicle-train crashes in 2008, according the Post Dispatch.

If any train accident investigation determines that negligence on the part of one of the parties led to a serious injury, a personal injury attorney will be called to try and win damages for the injured.

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Posted In: Missouri Train Accidents , Personal Injury News

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After practicing personal injury law for years, the commonly used terms become second nature. If you’ve never had to deal with a personal injury suit before, however, I can see how all the terminology can be daunting. Here’s a brief list of terms that have been used on this site or ones that are often asked about. I’ll complete the list in another post.

Ad Litem: One of many Latin legal terms, it means for the purpose of a lawsuit. An example would be a guardian “ad litem” that is appointed to a minor in a case.

Affidavit: A written statement confirmed under oath. Witness affidavits are often used in civil cases.

Alternative Dispute Resolution: Ending a dispute without taking it to trial. Most commonly you hear about cases reaching a ‘settlement’, but this may also include mediation, conciliation and arbitration.

Civil Action: Pretty much all non-criminal actions or cases. Civil trials are between private parties or businesses that are suing to enforce their rights or redress a wrong.

Class Action: A suit where the plaintiff is a representative for a large group of people. These kinds of lawsuits are used when it would not be practical for each individual of the group to come to court. Often this is used in product liability or premises liability cases.

Comparative Negligence: A case where two or more injured parties were negligent and bear some responsibility. An example would be a car accident where both drivers ran a stop sign.

Disability: In personal injury law, a disability is a condition that prevents an individual from performing a certain act. Loss of wages from not being able to work due to disability is taken into account in injury trials.

Fiduciary: A guardian, trustee or some other person with a legal relationship of trust that has a duty to act on another’s behalf.

Gross Negligence: Reckless disregard for the safety of another person or another person’s property. Intentionally failing to take the necessary steps to prevent an injury to another person.

Hearsay: A statement from a witness who heard about the incident second hand and did not actually see anything for him or herself. This is usually not admissible in court.

Indemnify: Restoring a victim with a loss by awarding money or repairing damages.

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On the common questions asked of a personal injury attorney is, “What if I have lingering injuries from an accident I didn’t originally know I had?”

The answer to this greatly depends on your actions immediately after your accident or injury. The days after an accident can be hectic and confusing, especially if you are dealing with topics you’ve never studied like your rights as a victim, and insurance companies may rush you into a decision you are not ready for.

Insurance company adjustors will probably contact you with a settlement offer fairly quickly and ask you to sign a “Release of all claims” form. Signing this form basically means that you agree with the adjustors offer and are willing to sign away your right to further civil action regarding the case. There are times that this is a fine course of action, but there are many others when the insurance company does not properly asses the damage or your lingering pains require serious medical attention after signing the form.

Consider a person injured in a rear-end collision. Whiplash injuries are very common in these situations and the symptoms may linger for a very long time and require numerous expensive treatments. If that person just assumes the pain will go away naturally and signs the release forms, he will have no recourse a week later when his pain has worsened and is keeping him from working.

My advice would be to tell the insurance company to wait until you are absolutely sure the extent of your injuries is known. See a doctor and if the injury appears more serious than initially thought, contact a personal injury lawyer for advice.

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

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Gerald Hein, 64, was killed Thursday in a two car accident on Missouri 13 in Stone County, Missouri.

Hein’s 1998 Chevrolet Blazer crossed the center line on Missouri 13 at around 3:45 p.m., according to the Missouri State Highway Patrol. As the Blazer went into oncoming traffic, it collided head-on with a 2008 GMC Acadia, driven by Kimberly Gregory, 28.

Hein was pronounced dead at the scene. Gregory suffered moderate injuries and was taken to Cox South Hospital for treatment.

Both drivers were wearing seatbelts.

Since this was a fatality accident, an accident reconstruction will be conducted to determine the specifics of the crash. The initial crash report does not indicate why Hein might have crossed the center line and this would be valuable information for a Missouri car accident attorney should one of the parties try to recoup their damages through a personal injury suit.

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Three people were hospitalized Tuesday after a side impact Missouri car crash on Missouri 210 in Ray County, Missouri.

The investigating officer described the accident occurring as the result of Dallas Jenkins, 16, pulling his 2001 Ford into the path of a 2002 Chevrolet. The Chevrolet, driven by Tracy Nichols, 34, struck the passenger side of Jenkins vehicle and then ran off the roadway, according to the initial crash report filed by the Missouri State Highway Patrol.

Jenkins suffered minor injuries and was taken to Liberty Hospital for treatment. Nichols and her passenger, Shelia Littrell, 53, suffered more serious injury and were also taken to a local hospital.

All three involved were wearing a seatbelt.

The Missouri State Highway Patrol is saying the investigation into this Missouri injury crash is ongoing and that charges are pending. Once charges are filed, we should have a better idea of how this accident occurred and who would be held liable if this wreck turned into a personal injury lawsuit.

From a Missouri car accident attorney’s perspective, the initial crash report alone is not enough to determine who was at fault. The officer said that Jenkins pulled in front of Nichols, but he could have had the right of way. It’s impossible to know without further investigation by a trained professional.

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A total of three cars were involved in a Missouri car accident on Highway 40 in St. Charles county Sunday afternoon that sent three to the hospital.

Shirley Garrett, 63, was driving her 2001 Honda CRV westbound in the eastbound lanes on Highway 40, according to the initial crash report. Kathi Klemp, 45, was in the eastbound lanes driving her 1995 Ford Windstar with her son Hunter Klemp, 9. Kathi was unable to avoid Garrett’s oncoming vehicle and they crashed head-on.

A third vehicle, driven by Glenn Craig, 41, was also traveling eastbound just behind Kathi Klemp and was unable to avoid hitting the two wrecked cars.

Kathi Klemp and her son Hunter were taken to St. John’s Hospital for treatment of moderate injuries. Garrett was also taken to St. John’s for treatment. Craig’s vehicle was totaled, but fortunately he did not suffer any significant injuries, according to the investigating officer.

Neither Garrett nor Kathi Klemp was wearing seatbelts at the time of the crash.

The initial crash report filed by the Missouri State Highway Patrol does not give any indication as to why Garrett was traveling into oncoming traffic. The report also does not specify whether a citation was given to any of the drivers. A St. Charles County personal injury lawyer will need to examine the case to expand on the initial crash report before a personal injury suit takes place.

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Posted In: Missouri Car Accidents

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