Missouri Accident Lawyer Blog

Photo by KTVI, St. Louis

The family of Andrea Whitehead is suing the Missouri State Highway Commission over a 2008 fatal Missouri car crash that resulted in her death.

Whitehead was driving along I-55 in June of last year when she lost control of her vehicle. She drove off the side of the roadway and, since there was no guardrail at this particular point along the highway, her car went off the side of a bluff and fell nearly 100 feet. Whitehead was killed but her two children miraculously survived.

Here is a link to our post here on the Missouri Accident Lawyer Blog when the accident happened in June of last year. We speculated then that a wrongful death lawsuit could be brought against the state in connection to this tragic incident.

The suit alleges that the Missouri State Highway Commission knew this particular stretch of highway was dangerous but was negligent in not installing any guardrail or other protective barrier. The wrongful death suit is seeks damages in excess of $25,000.

Jose Merediz, 32, was killed and two others were seriously injured Monday in a two-car head-on crash on the outer road along I-55 in Jefferson County, Missouri.

Merediz was driving a 2005 Chevrolet Cobalt southbound on the west outer road. As he passed Turner Camp Road, a 2003 Ford Ranger, driven by David Cox, 22, approached from the opposite direction. According to the Missouri State Highway Patrol, Merediz crossed the double yellow line into the northbound lanes a crashed head-on into Cox’s car.

Merediz was pronounced dead at the scene. Cox and a passenger in Merediz’s car, Westina Barnes, 31, were seriously injured and taken to St. John’s Mercy Medical Center.

All involved were wearing a seatbelt.

The investigating officer did not give a reason as to how Merediz could have lost control and drove into oncoming traffic. Another vehicle may have forced him or he simply could have been inattentive at the wheel. Even if the initial crash report did describe the cause of the accident, it would need to be corroborated by further investigation. Initial crash reports are just the opinions of the investigating officer and do not hold up in court as part of a personal injury lawsuit. Since there was a fatality, there will be an accident reconstruction to determine who caused the accident and if either driver should be held liable. A St. Louis area car accident injury lawyer could then be contacted to recover damages for the other victims.

Two people were seriously injured in a head-on collision likely caused by a cell phone call Sunday in Cole County, Missouri.

The accident, which occurred on Route B, occurred when Jeffery Anderson, 33, tried to make a phone call while driving his 1999 Nissan. According to the initial crash report, Anderson took his eyes off the road and crossed the center line into oncoming traffic. There, his car crashed head-on into a 2008 Chrysler with passengers Sylvester Redel, 80, and Juanita Godsy, 78.

Redel and Godsy were both seriously injured and taken to Capital Region Medical Center. Anderson did not suffer significant personal injury according to the investigating officer.

This accident is the type of incident that is fueling debate now over cell phone use in cars. Many groups are lobbying for a state or federal ban on cell phone use behind the wheel. These groups cite studies that claim cell phone use is an impairment to drivers on the same level as being legally drunk.

Despite the fact there is not yet a ban on cell phone use, if a personal injury attorney can prove a driver lost control of his vehicle due to talking on the phone, that driver may be considered negligent and forced to repay damages to the other drivers.

The Center for Justice and Democracy recently published an article with some statistics about personal injury lawsuits that might surprise people who do not work in a profession related to civil litigation. For all the stories of frivolous lawsuits or how litigious our society has supposedly become, the numbers show that it is not quite the epidemic that some would have you believe. Tort reform advocates especially like to claim that the number of civil lawsuits is getting out of hand, but the numbers show that this is not the case. In fact, in most areas of personal injury law, the numbers are on the decline.

Here are just of few of the statistics pointed out in the article:

- Only one out of every ten people that suffer a serious personal injury ever file a claim for compensation and only two percent turn into lawsuits.

- It the area of medical malpractice, only twelve percent of people that suffer a medical malpractice injury ever file a claim and only six percent receive compensation.

- 44,000 to 98,000 people die every year due to medical malpractice or medical errors in hospitals.

- Studies by academic groups including the Harvard School of Public Health show that the idea of rampant frivolous lawsuits is an exaggeration.

- There has been a decrease in tort filings since the early nineties.

- Tort cases make up only five percent of the total number of civil cases. In contrast, contract dispute cases make up over 27 percent.

- The number of personal injury cases (which include car accident cases, product liability, medical malpractice and wrongful death) that go to a jury trial is less than four percent.

Four people, including two children, were seriously injured Tuesday in a two-car Missouri car crash on Highway B south of the St. Louis metro area.

The cars involved in this injury accident, a 2000 Ford Explorer and a 2009 Honda Accord, were traveling towards each other on the highway around 5 p.m., according to the Missouri State Highway Patrol. The roadway was wet and slick from rain that had moved through the area and the driver of the Explorer, Brandy Bruenger, 22, lost control of the vehicle and began to slide out of control. The SUV began sliding in a clockwise rotation and crossed the center line into oncoming traffic. The driver of the Accord, Kelly Gandy, 36, was unable to avoid the other vehicle and crashed into its driver’s side.

Bruenger and a small child in her SUV, Gerald Withers, 2, were flown to St. John’s Mercy in Creve Coeur. Kelly Gandy and a child in her car, Alexandria Gandy, 10, were taken to separate area hospitals for treatment.

Despite the fact the investigating officer cited the wet roadways as a cause of the accident, in a legal sense the drivers are still responsible. You have to be aware of road conditions and alter your driving accordingly. Sliding on a wet or icy roadway can be avoided if you follow certain precautions. Drivers that don’t follow those steps and cause an accident may be liable for damages if a St. Louis personal injury attorney is contacted and injury suit is filed.

Thao T. Huynh, 27, and Leann T. Nguyen, 30, were injured and hospitalized Sunday after the car they were riding in was rear ended and forced off the road into a cable median.

According to the Missouri State Highway Patrol, the accident occurred on Interstate 435 in Clay County, Missouri. Christopher Jackson, 16, was driving a 2000 Ford northbound on the highway and lost control of his car sending it off the left side of the roadway. As he tried to regain control, Jackson crossed back into the highway where he struck the 1998 Acura that Huynh and Nguyen were passengers in.

After the impact, the driver of the Acura, Ai Tham Nguyen, 27, also lost control of her car and went off the left side of the roadway. The car crashed into a cable median and came to a rest before crossing into oncoming traffic.

Huynh was taken by ambulance to Liberty Hospital for treatment. Leann Nguyen suffered minor injuries but refused treatment at the scene. Ai Tham Nguyen and Jackson were not listed as injured on the initial crash report.

The Highway Patrol is still investigating the accident and charges are pending.

At the moment, it is not known what caused Jackson to lose control of his vehicle. Typically, in rear-end collision car accidents, negligence is assumed on the part of the at-fault driver. If the investigation turns up further signs of negligence or the charges pending are against Jackson, a Missouri personal injury lawyer may be able to recover damages for those injured in the accident.

This accident could have resulted in more serious injuries or even a fatality if the second car had crossed into oncoming traffic. The investigating officer said the car was stopped by a cable median. We have previously commented on the safety of cable medians in earlier blog posts.

Continue reading " Rear end collision injures two Missouri women " »

Tracy McCain, 47, was killed and two others were seriously injured Wednesday in a Johnson County, Missouri car accident on Missouri Highway 13.

The fatal Missouri car accident occurred at the intersection of Highway 13 and Russell Avenue where McCain was preparing to make a left turn in his 2008 Buick. According to the Missouri State Highway Patrol, a 2005 Chevrolet driven by James Trent, 42, was also approaching the intersection. Trent was traveling at a high rate of speed and crashed into McCain’s vehicle as McCain was making the left turn.

Both cars were forced off the road and into a light pole where they came to a rest.

McCain was pronounced dead at the scene. James Trent and his passenger, Brooke Trent, 16, were both seriously injured and taken to local hospitals for treatment.

The investigating officer notes that Trent was driving his car at a high rate of speed, but does not say specifically how fast in the initial crash report. Further investigation by a Missouri car accident lawyer will be needed to determine just how fast he was traveling and how quickly McCain pulled out in front of him. Before liability can be determined and damages paid, these details must be examined.

There is also a possibility of comparative fault. In comparative fault cases, both drivers are essentially given a percentage of the blame for the accident and damages are paid accordingly. This might be the case should it be discovered that both drivers in the Johnson County crash were negligent in driving toward the intersection.

Gary Weston, 36, and his wife Lea Weston, 37, both suffered serious injury Wednesday after a Missouri car accident on Farm Road 1090 in Barry County, Missouri.

According to the Missouri State Highway Patrol, the Westons were traveling south in a 2007 Buick Rainier and approached an uncontrolled intersection. At the same time, a 2001 Ford pickup, driven by Steven Mattingly, 23, was also approaching the same intersection. Neither vehicle stopped and they collided in the intersection.

The Westons were taken to Cox South Hospital for treatment of serious injuries. Mattingly did not sustain any significant injury, according to the initial crash report.

Since the intersection was uncontrolled, meaning it had no traffic lights or signs, different rules apply. The vehicle on the right always has the right of way when two vehicles are approaching an uncontrolled intersection. This is only if both vehicles are going to enter the intersection at the exact same time. If one car is clearly ahead of the other and enters the intersection first, they have the right of way.

The drivers in the Barry County crash should consult a personal injury attorney and describe the accident in detail to him or her. If one of the drivers negligently entered the intersection without the right of way, the other driver could be entitled to damages to cover any medical costs arising from the accident. Of course, the testimony of the driver may not be enough to win the case so a resourceful Missouri car accident lawyer will probably contact experts to conduct an accident reconstruction and prove which vehicle entered the intersection first and how fast the cars were going.

A disturbing side effect of the bankruptcy filings of General Motors and Chrysler is popping up across the country as well as here in Missouri. As part of their bankruptcy proceedings, both automakers will be able to dodge liability for all pending personal injury lawsuits relating to vehicles produced prior to the bankruptcy.

Reports are popping up all over the country of people’s lawsuits being essentially canceled as a result of this legal loophole. Most of these people have suffered a serious personal injury caused by any number of product defects such as tire failure, seat belt failure, unexpected fire, and airbag malfunctions.

These types of personal injury suits fall under the broader category of product liability.

Fox News 4 in Kansas City recently reported on one of these cases here in Missouri. According to a Fox 4 report, Don Wren of Liberty, Missouri had his personal injury lawsuit suspended only days before it was set to be heard in trial. Wren lost his leg in a 2004 Missouri car crash while riding in his 1994 Oldsmobile Cutlass. His lawsuit claimed that his car lacked frame rails to absorb head-on crashes, a safety feature that was standard on every Cutlass prior to and after 1994.

For the thousands of people in Wren’s position, there is little in the way of a backup plan. They will become unsecured creditors, which means GM or Chrysler will be able to pay out other larger bank debts first before even addressing the people on hold with lawsuits. Even then, the unsecured creditors will be taken care of in order of the size of their claim and will get only the bare minimum in return which may be too little, too late for people in extreme situations like Wren.

The other negative side effect, aside from thousands of innocent victims not getting their day in court, is that it provides no incentive for the automaker to recall defective cars and may actually lead to more personal injuries. Product recalls are issued by companies in response to the number of accident claims. Without these claims, the statistics won’t back up the need for a safety recall and thousands of potentially dangerous vehicles will remain on the roadways.

These large automakers are being let off the hook in a big way and those victims with serious injuries are the ones paying for it.

My personal injury firm, The Bradley Law Firm, was recently honored by being invited to join The American Trial Lawyers Association.

The American Trial Lawyers Association is a national organization that is made up of the top 100 trial lawyers from each state. Only attorneys who meet certain qualifications of reputation, stature and accomplishment are extended a nomination by colleagues in the profession.

The group consists of both criminal defense lawyers and civil plaintiff attorneys.

As a member, I will have access to numerous resources and networking opportunities including national seminars and conferences. The association prides itself on developing programs to help train lawyers to face current issues and many of their publications will be beneficial to me as a Missouri personal injury lawyer.

Needless to say, we are very honored to be invited and hope to use this opportunity to help our firm grow and be able to help more people recover financially from the burdens that come with a serious personal injury.

I want to take just a few minutes here and advertise an organization that does absolutely great work here in the St. Louis area.

The Family Support Network is an agency that reaches out to area parents and children and provides support through free counseling sessions, community resource referral, parental assistance and child abuse prevention.

The group was formed in the 1980’s in response to a rising number of cases of child abuse and child maltreatment. At the time, there was no real place for at-risk families to turn for assistance and there was no real cohesive structure in the community to provide assistance to children in danger of abuse or neglect. The real tragedy is that many of these incidents could have been prevented had certain risk factors been noticed and addressed.

Family Support Network set out to do just that and quickly became a great resource for children and parents to turn to. They became a well respected organization as they spread through the St. Louis area and over the last 20 years, they have expanded their programs from focusing just on child abuse to broader outreach programs like the ones I mentioned above. Here’s a link to some of the services they offer and their contact page.

I encourage you to learn more about this organization and the work they do. If you are able to make a donation, they have information on how to do that on their website. They also have volunteering opportunities as well.

Recently, my personal injury firm, The Bradley Law Firm, sponsored a golf tournament that benefited the group (That’s me in the picture above). They have numerous other charity events scheduled throughout the year that you can attend as well. We hope to see you there!

Most people are fortunate to never have to think about the process of hiring a personal injury lawyer. Unfortunately, accidents happen and if you or a loved one should be injured by somebody else’s negligence, you’ll want to find quality legal representation to ensure that you can recover damages to pay for your medical bills.

The first question people ask is regarding the cost of hiring a personal injury attorney. Most personal injury lawyers accept cases on a contingency fee basis, which means that they get a percentage of the award if they win the case. If they don’t win, they don’t receive a fee. This percentage varies and can be up to 40% of total award. While this seems high, the personal injury award a skilled lawyer can earn is usually many times higher than what an insurance company might offer you to settle the case without getting a lawyer and going to trial.

There may be other costs associated with specific lawyers aside from the base percentage fee so make sure you discuss this with any attorney you consider hiring.

A lot of personal injury and accident lawyers will offer you a free consultation as well the first time you contact their office. They will hear the basics of your case and determine whether or not they feel they should represent you, if they know another lawyer who would be better suited for your case, or if you even need an attorney at all. If they recommend another lawyer, they may earn a referral fee if the second attorney takes your case and successfully represents you.

After you have found an attorney and scheduled a consultation, be sure to ask a few questions. Find out the lawyer’s area of specialization and if they often handle cases similar to yours. As mentioned above, make sure you are absolutely clear on all the fees and costs before you sign anything. Also ask if they will respect your wishes when considering whether to take a settlement instead of going to trial.

You’ll also want to ask for a written retainer agreement and should read it carefully. Remember, don’t sign anything you don’t understand. Your attorney works for you so make sure they explain everything and that you are comfortable with every step of the process.

A Missouri boat accident on the Current River over the weekend killed two, including a young boy, and injured three others. The accident took place on the river near Doniphan in Ripley County, Missouri.

According to the Missouri State Water Patrol, who are investigating the crash, the accident occurred as a 2005 Blazer Utility boat, driven by Radeena Proffer, 27, was traveling downstream. At the same time, a 2003 Blazer Utility boat, driven by Chad Mikel, 26, was traveling upstream. Both drivers tried to avoid a collision, but Proffer’s boat still crashed into Mikel’s on the port side.

Jerry Mote, 11, was thrown overboard and killed. His body would later be recovered by divers a half mile down from the accident scene. Josh Burson, 25, was also killed in the accident.

Neither of the deceased was wearing a life jacket at the time of the crash.

Proffer suffered moderate injures and was taken to Ripley County Memorial Hospital for treatment. Two other passengers, Michelle Lafferty, 32, and Michael Preslar, 35, were injured and taken to local hospitals. Lafferty’s injuries were listed as serious while Preslar’s were listed as minor.

The Missouri State Water Patrol is still investigating the exact cause of the crash. If one of the drivers is found to be negligent and caused the crash, the families of the deceased and injured may be able to recover damages by contacting a Missouri boat accident lawyer.

Often, Missouri boating accidents and resulting in a wrongful death are caused by inexperienced drivers who don’t know how to react in the face of an imminent crash. No details were released as to how experienced either driver was. Neither driver owned the boat he was driving and the boats’ owners were not onboard. The first boat was owned by Drew Proffer and the second was owned by Rachel Mikel.

Missouri Governor Jay Nixon vetoed a bill today that would have allowed many Missouri motorcycle enthusiasts to ride without a helmet.

The bill had passed both the Missouri House and Senate and had been waiting on Nixon’s approval for several weeks. We commented on the bill in a post last month about motorcycle safety laws.

The bill would have repealed many of Missouri’s existing helmet laws and allowed anybody over 21 to ride a motorcycle without a helmet if they so choose. Under Missouri law, all motorcyclists must wear a helmet at all times to protect themselves from motorcycle injury accidents.

Nixon said he made the decision that was the most safe and cost-effective one for Missouri. He believes that more motorcyclists would die in accidents and treating the additional injuries would cause health care costs in the state to rise.

A similar bill was vetoed by former Missouri Governor Mel Carnahan in 1999.

Several studies from the National Highway Traffic Safety Administration have shown that personal injuries and fatalities related to motorcycle accidents increased in states that have limited or repealed helmet laws.

Overall, motorcycle crashes are on the rise across the country. Over three thousand people die each year due to injuries sustained in motorcycle accidents. Sometimes these are wrongful death cases where another driver doesn’t see the smaller motorcyclists and pulls his vehicle into the path of the bike causing the tragic incident.

Supporters of the bill to repeal the helmet laws say they will continue to push for their cause.

Mathew Stone, 16, was seriously injured Wednesday when his 2006 Kawasaki Ninja crashed into a car on Route KK in Lincoln County, Missouri.

According to the investigating officer from the Missouri State Highway Patrol, the car was a 2003 Mitsubishi Eclipse, driven by Virginia Anderson, 53. Anderson had been stopped at a stop sign at the intersection of Walker Road and Route KK. As Stone traveled southbound on the motorcycle, Anderson attempted to make a left turn onto Route KK and pulled into the path of the motorcyclist.

Stone suffered serious personal injury and was flown to St. Joseph West Hospital in St. Charles for treatment. Anderson was uninjured in this Missouri motorcycle accident, according to the crash report.

It is not known how fast Stone was driving his motorcycle. An accident reconstruction will be able to determine how fast Stone was driving and how much time he had to react to Anderson pulling out in front of him.

If Anderson is found to be negligent in pulling her car onto Route KK, Stone may be able to recover damages to cover medical expenses. Even if Stone was speeding himself, a St. Louis area personal injury lawyer may be able to get some damages awarded based on the comparative fault system. These laws allow for multiple parties to be at fault for an accident with damages being paid based on their level of negligence and proportion of responsibility for the accident.