Missouri Accident Lawyer Blog

A new law in Missouri will require people with multiple drunk driving convictions to install breathalyzer interlocks in their cars, according to the Hannibal Courier-Post.

These interlocks keep the car from starting until the driver breathes into a detector that measures blood alcohol content. If they are above the legal limit, the car will not start. The driver will have to re-test every 15 minutes while the engine is running to make sure the driver stays sober.

The interlock will also record data about the driver’s sobriety and driving habits and this data will be available to authorities.

About 70,000 people will be affected, according to the Hannibal Courier-Post. This includes people who have reapplied for licenses that had previously been revoked and people convicted of involuntary manslaughter for causing a fatal Missouri car crash while drunk.

The law takes effect on July 1 and the state will send out notices to all those affected.

Missouri joins Illinois, New Mexico, Arizona and Louisiana as the only states with mandatory interlock laws.

Drunk driving car accidents are a major problem on Missouri’s roads. We have commented on these tragic accidents in other posts on this blog. Alcohol is a factor in nearly half of all fatal car accidents in Missouri and roughly 500 people die each year in alcohol related crashes.

Posted by Ryan Bradley | Permalink | Email This Post

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

Bookmark:

Eric Benda Jr., 16, was killed and five others were injured in a two car crash Sunday morning on Missouri 5.

The Missouri car crash took place at the intersection of Missouri 5 and the Old Route 5 cut through. Eric Benda Sr., 39, was driving a 1997 Mitsubishi southbound and was approaching the intersection at the same time as a northbound 2006 Honda. Sharon King, 67, the driver of the Honda, attempted to make a left turn onto Old Route 5 and pulled in the path of Benda’s car. The two cars collided nearly head on.

Eric Benda Jr. was pronounced dead at the scene. Eric Benda Sr. and two other passengers in the Mitsubishi, Gregory Benda, 15, and Tanner Zeitvogel, 15, were injured and taken local hospitals for treatment. Sharon King and her passenger, Larry King, 60, were also taken to local hospitals for moderate injuries.

None of the people riding in the Mitsubishi were wearing a seat belt.

The initial crash report filed by the Missouri State Highway Patrol seems to say that King’s driving is to blame for the accident. The details in the initial crash report are not usually recognized as evidence in a personal injury lawsuit, however, so a Missouri car crash attorney should be contacted to perform further investigation.

Though none of the people in the Mitsubishi were wearing a seat belt, under Missouri law this fact may not be used as evidence of comparative fault in a personal injury lawsuit.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents

Bookmark:

Marilyn Walters, 61, was killed and two others were injured Saturday in a Missouri car accident on Highway 40 in Jackson County, Missouri.

The accident took place at the intersection of Highway 40 and Bowlin Road. Jerry Walters, 60, was driving a 2001 Saturn eastbound on Highway 40. At the same time, Richard Baldinger, 49, was traveling northbound on Bowlin Road in a 2009. Baldinger’s car broadsided Walters’ car in the passenger side.

Marilyn Walters, who was riding with Jerry Walters, was flown to Centerpoint Medical Center where she was pronounced dead. Jerry Walters was also taken to Centerpoint with relatively minor injuries. A third passenger in the Saturn, Christina Hainley, 29, was also injured, but she was taken to Research Hospital. Baldinger did not suffer any significant injuries, according to the Missouri State Highway Patrol.

According to the initial crash report on file with the Highway Patrol, this side impact injury accident is still under investigation. Charges are pending.

If charges or a citation are issued, it will go a long way towards pointing out what happened. If a Missouri personal injury attorney can prove that Baldinger was negligent and caused the accident, the passengers in the other car may be able win damages to cover medical and funeral expenses.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents , Personal Injury News

Bookmark:

Photo from Baxter Bulletin

A Chesterfield, Missouri man, his son and another teenager were killed Friday when their five-passenger plane crashed during takeoff from a grass airfield in Arkansas.

The pilot was Warren Langford, 52 and his son was Brendan Langford, 15. Both were pronounced dead at the crash site. Jacob Ritz, 15, was taken to Baxter Regional Medical Center in Mountain Home, Arkansas where he was also pronounced dead.

Two others, Donald Beckerle, 43, and his son, Joshua Beckerle, 15, were injured and taken to the hospital for treatment. Joshua Beckerle’s injuries were considered very serious, but his current condition was not available, according to the St. Louis Post Dispatch.

The plane they were flying was a Piper Cherokee Lance owned by Propaire Inc., a St. Louis based company. The Piper Cherokee Lance is a small, single-engine plane designed to carry five to six passengers. It has a range of 1000 miles. According to the Post Dispatch, Langford and the others had flown down to an Arkansas resort earlier in the week and were taking off for their trip home when the fatal plane crash occurred.

According to witnesses in the Baxter Bulletin, the plane was tilting back and forth as it tried to take off. It then crashed through a fence at the end of the runway before hitting some trees.

Federal Aviation Administration officials are investigating the deadly plane crash, but no cause has been released yet.

FAA and NTSB investigators will look into the various mechanical and structural problems that could have contributed to this crash. If it turns out that negligence on the part of Piper Aircraft Company or Propaire Inc. contributed to this incident, the families of those onboard may be able to hire an aviation accident lawyer to help recover damages. These investigations can be long, complicated and difficult processes, especially in the case of a fatal accident, but they are important to help make sure a similar accident doesn’t happen in the future.

The Piper PA-32R line of aircraft, which includes the Cherokee Lance involved in the Arkansas crash, has been at the center of a couple high profile incidents. In 1999, John F. Kennedy Jr. and two others were killed when a Piper Saratoga, a variant of the Piper PA-32R, crashed into the Atlantic Ocean. A 2008 Piper Saratoga crash in Ohio claimed the life of Michael Connell, a communications and technology expert for leading Republicans including George W. Bush, John McCain, and Karl Rove.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Choosing a Personal Injury Lawyer , Missouri Airplane Crashes , Missouri Personal Injury Lawyer News , Personal Injury News

Bookmark:

A two-vehicle Missouri car accident on Dulin Creek Road in Jefferson County sent two people to the hospital this afternoon.

The two drivers that were involved were Patrick Demsko, 44, and Brian Barner, 32, both of House Springs, Missouri.

According to the Missouri State Highway Patrol, Demsko was traveling northbound on Dulin Creek Road in a 2003 Dodge Caravan when he crossed the center line of the road. Barner was heading south at the time in a 2002 Chevrolet K20. Demsko’s vehicle crashed head-on into the front of Barner’s.

Demsko was flown to St. John’s Hospital in Creve Coeur for treatment. Barner was taken by ambulance to St. Anthony’s Medical Center.

Fortunately, both drivers involved in this wreck were wearing a seatbelt.

The description of this Missouri injury accident on the Highway Patrol’s initial crash report is very brief. There are no details about why Demsko’s vehicle would’ve crossed the center line. If one of the drivers contacts a St. Louis area personal injury lawyer he will have to expand the details of crash by gathering any witnesses and possibly performing an accident reconstruction.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents , Personal Injury News

Bookmark:

Three people suffered serious personal injury when three motorcycles crashed into a John Deere Tractor on Missouri 139 Saturday afternoon.

The accident occurred in Carroll County, Missouri as the tractor, driven by Donald Cooper, 55, entered the roadway ahead of a group of motorcycles. According to the Missouri State Highway Patrol, the first motorcycle, a 1998 Harley Davidson driven by Robert Ely, 33, crashed into the rear of the tractor. Wade Beers, the driver of the second motorcycle, attempted to avoid a collision by laying down his motorcycle and sliding off the roadway. The third motorcycle and its driver, George Pease, 52, then hit the tractor as well.

Ely and a passenger on his bike, Laura Lisby, 30, were seriously injured and taken to University Hospital in Columbia, Missouri for treatment. Pease also suffered serious personal injury, but was taken instead to Carroll County Memorial Hospital.

All riders in this motorcycle accident were wearing a helmet.

No summons information was provided by the investigating officer.

The question for a Missouri personal injury lawyer is whether or not the tractor driver negligently pulled his tractor in front of the group of motorcyclists. By performing an accident reconstruction, authorities will be able to determine the speeds of the motorcycles and just how long the drivers had to react to the tractor being in the roadway in front of them.

If the driver of the tractor was issued a summons, that would also be an indication that he was likely at fault for this Missouri motorcycle crash.

Posted by Ryan Bradley | Permalink | Email This Post

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

Bookmark:

Updating a story we commented on earlier, a Sunset Hills police officer is being sued for wrongful death in connection to an accident on March 21 that killed four people, according to the St. Louis Post Dispatch.

The suit alleges that Christine Miller, 41, was drinking heavily at a bar before driving the wrong way on Dougherty Ferry and allegedly causing the accident.

Criminal charges were filed against Miller last week. She faces four counts of first-degree involuntary manslaughter and one count of second-degree assault stemming from injuries suffered by the other car’s driver who survived the wreck.

The passengers in the car were all natives of India and most were students at Eastern Illinois University. The four that were killed were Anusha Anumolu, 23; Satya Chinta, 25; Anita Veerapaneni, 23; and Priya Muppavarapu, 22. Nitesh Adusumilli, 27, was the driver and lone survivor of the second car.

O’Leary’s Restaurant is also being sued in connection with the accident, according to the Post Dispatch. The suit claims that the bar’s employees continued to serve Miller alcohol after she was intoxicated and did not prevent her from driving.

When a personal injury attorney feels a bar was negligent in allowing its customers to drive drunk, he might pursue a suit under ‘dram shop law’. This area of law governs the liability of liquor stores and bars when their patrons have alcohol related car accidents. Each state handles this area of law differently, which is why it’s important to hire an experienced Missouri car accident lawyer. Under Missouri law, for a dram shop case to be successful there must be proof that the person who later caused an accident was demonstrated significant impairment while at the bar.

Posted by Ryan Bradley | Permalink | Email This Post

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

Bookmark:

President Obama delivered a speech today before the American Medical Association. He talked about the need for health care reform in many areas including lowering costs of medical procedures. One way this might be accomplished, according to the president, is by putting more restrictions on medical malpractice cases.

Tort reform advocates and malpractice reform supporters have long claimed that the threat of a lawsuit is a major cause of outrageous medical costs. Doctors, in fear of being sued for not being thorough enough, will order dozens of unnecessary tests for their patients. All the excess demand for things like MRI’s and EKG’s drives up the price, they say.

Obama was quick to point out that he doesn’t believe caps on malpractice awards are the solution. He said that this is often unfair to people who have been wrongfully harmed by a doctor’s negligence.

The president did say he will explore many options that will keep patient safety first, but also allow doctors to practice medicine without fear of a medical malpractice lawsuit.

From a personal injury lawyer’s perspective, I believe the consequences of reform should be carefully weighed. It’s good to hear that president Obama is not in favor of placing limits on malpractice awards. All these arbitrary limits do is keep some people from getting the help they need and take the punitive sting away from lawsuits meant to expose a negligent doctor or hospital. Limiting the types of malpractice suits allowed could have a similar effect if not handled correctly.

Posted by Ryan Bradley | Permalink | Email This Post

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

Bookmark:

Hallie Johnson, 30, was killed Friday when the 1987 Ford Thunderbird she was riding in was hit by another car on Highway 60 in Shannon County, Missouri.

According to the Missouri State Highway Patrol, the accident occurred as John Johnson, 44, who was driving the Thunderbird, was preparing to make a turn onto Sunset Street from Highway 60. A 2006 Ford 500, driven by Sally Adams, 36, was approaching from behind. Adams attempted to pass some other traffic and struck the Thunderbird sending it spinning out into the grass. Hallie Johnson was thrown from the car.

Hallie Johnson was flown to Ozarks Medical Center where she was pronounced dead. John Johnson was also flown to Ozarks Medical Center with serious injuries. Adams did not sustain any serious injuries according to the initial crash report.

Neither Hallie nor John were wearing a seatbelt.

There are at least a couple things to learn from this tragic Missouri car crash. First, always wear a seat belt. There’s no way to know whether Hallie Johnson would have survived had she been wearing a seat belt, but her chances would’ve improved dramatically. Second, use extreme caution when passing on rural highways and roads. It’s perfectly legal to pass slower traffic on two-lane roadways, but only on stretches of road where it is safe to do so. Do not attempt to pass unless you can clearly see the road ahead of you. If are negligent in passing another vehicle and cause an accident, you and your insurance will probably be responsible for paying damages should a personal injury lawsuit arise from the crash.

Posted by Ryan Bradley | Permalink | Email This Post

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

Bookmark:

Three people were seriously injured, including one child, in a Missouri car accident on Missouri 64 in Dallas County, Missouri.

The crash occurred when a 1988 Lincoln Continental, driven by Tina Hughling, 42, crossed the center line of the roadway. According to the initial crash report, her car struck a 1983 Chevrolet S10 Pickup head on after crossing into oncoming traffic.

No indication was made as to why Hughling lost control of her vehicle and crossed the center line.

Brian Stafford, 28, was driving the pickup and sustained serious injuries. He was taken by ambulance to Central Missouri Hospital. Tina Hughling and her daughter, Ruby Hughling, 6, were both airlifted to Cox South Hospital with serious injuries.

Neither Tina Hughling nor her young daughter were wearing a seatbelt. Everybody should wear a seatbelt every time they get in a car. Not only will it protect you from serious injury, it is the law. Furthermore, if you are injured in a car accident and are found to have not been wearing a seat belt, you can be found to be comparatively negligent and your damages may be reduced.

The initial crash report submitted by the Missouri State Highway Patrol only has the basic information on this crash. It does not say why Hughling crossed the center line or what the speeds of the two vehicles were. There is simply not enough evidence to assign fault yet, which is why the drivers should contact a Missouri personal injury attorney to investigate the crash.

Posted by Ryan Bradley | Permalink | Email This Post

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

Bookmark:

Robert Bryant, 45, was seriously injured Saturday evening in Warren County after the Dodge Ram pickup he was driving crashed into a trailer being pulled by another pickup.

According to the investigating officer from the Missouri State Highway Patrol, both Bryant’s pickup and the pickup towing the trailer were near the center line on Route B. As they passed each other, the trailer drifted out and was struck by Bryant’s pickup.

Bryant was seriously injured and taken by ambulance to St. Joseph West Hospital. He was not wearing a seatbelt at the time of the crash.

The investigation into this crash will look to see just where both vehicles were at the time of this Missouri injury accident. The initial crash report simply says that they were both riding close to the center line. If the pickup towing the trailer had drifted into oncoming traffic, then the driver may be found to be negligent and be held liable for damages.

Many personal injury lawsuits have been filed as a result of a trailer or other debris being lost by the vehicle towing it. You are legally responsible for all items being towed by your car or truck, and if they cause an accident, you may be held liable.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents

Bookmark:

Robert Phelps, 77, was killed Friday afternoon after the pickup he was in crashed into the side of a tractor trailer on Highway 60 in Carter County, Missouri.

The accident occurred at a Quick Stop gas station’s driveway. Phelps was traveling westbound approaching the Quick Stop. According to the Missouri State Highway Patrol, the tractor trailer, driven by Douglas Gresham, 51, pulled out of the gas station and into the path of Phelps’ 1992 Chevrolet S-10 pickup. Phelps crashed into the trailer section of the big rig.

Phelps was taken by ambulance to a local hospital where he was pronounced dead. Gresham was uninjured.

An investigation into the Missouri tractor trailer crash is ongoing.

Should a personal injury attorney be called in to investigate the case, the biggest question would be how much time did Phelps have to react to the tractor trailer. If Gresham was inattentive and pulled the tractor trailer out in front of Phelps, he may be held liable for the accident. However, if Phelps was not paying attention, he may be considered at fault for the accident.

Authorities and a Missouri tractor trailer accident lawyer will likely look at the results of an accident reconstruction to answer these questions. Gresham’s log books will also be investigated to make sure he was following all motor carrier regulations.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Trucking Accidents , Personal Injury News

Bookmark:

Missouri Senate Bill 202, a bill that would allow motorcyclists to ride without a helmet, is still awaiting a signature from Governor Jay Nixon.

The bill passed through both the House and Senate last month and will become law if Nixon doesn’t veto it.

The bill will change two motorcycle related laws in Missouri if passed. The first, and most publicized change, is that anybody over 21 will have the option to wear a helmet when riding their motorcycle. Currently, all riders must wear a helmet at all times to protect against motorcycle injury accidents.

The other major element of Senate Bill 202 that’s not getting as much attention from the media, though it’s certainly getting the attention of Missouri personal injury attorneys, is the effect the bill will have on insurance law.

Under current law, if a motorcycle was involved in an injury accident with a car, an insurance company could deny the cyclist a large portion of their insurance claim on the grounds that a motorcycle is a hazardous vehicle. Insurance companies could do this even if the motorcyclist was fault-free in the accident.

Legislators found this discrepancy unfair to motorcyclists so the bill would close this loophole and force insurance companies to treat cyclists the same as car drivers.

If signed by the governor, the law would take effect this year and expire in August 2014 giving the Missourians time to see the ramifications with regard to public safety and insurance law before renew or rewriting the law.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Legislative News , Missouri Motorcycle Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

Bookmark:

A total of six people were hospitalized Monday evening after a head-on collision on Missouri 86.

The accident, which took place near Racine, Missouri, occurred when James Giberti, 22, lost control of his eastbound 2000 Oldsmobile and crossed the center line into oncoming traffic. Cynthia Weaver, 46, was traveling westbound in a 1998 Toyota and was struck head-on by Giberti’s car, according to the Missouri State Highway Patrol.

Weaver was driving with her husband, Daniel Weaver, 49; her son, James Weaver, 6; and Eunice Powell, 91. All of the passengers in Weaver’s Oldsmobile suffered significant injuries and were treated at local hospitals. Cynthia Weaver was flown to Freeman West Hospital while the other passengers were taken by ambulance to St. John’s Hospital.

Giberti and his passenger, Caleb McGuffey, 22, suffered less serious injuries but also sought treatment at St. John’s Hospital.

The investigating officer did not indicate what might have caused Giberti to cross the center line.

If there are no extenuating circumstances and the accident is found to have been caused by Giberti, his insurance may have to pay damages to the Weavers and Eunice Powell. Whenever someone is injured in a Missouri car accident 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. Local authorities and a Missouri personal injury attorney will look at this case to determine who is to be held liable.

Posted by Ryan Bradley | Permalink | Email This Post

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

Bookmark: