Missouri Accident Lawyer Blog

Two Missouri men were seriously injured Saturday when the dump trucks they were driving crashed on Highway 24 near Moberly, Missouri.

According to the Missouri State Highway Patrol, David Underdale, 61, and Jeremy Imler, 33, were each driving Freightliner dump trucks on Highway 24 at approximately 10:45 a.m. Underdale, who was traveling eastbound, had to make an evasive maneuver when a third vehicle pulled into his path. As he did so, his truck crossed the center line and struck Imler’s dump truck, which was heading westbound. The third vehicle was not hit by either truck.

Both Underdale and Imler suffered serious injury and had to be airlifted to University Hospital in Columbia for treatment.

The driver of the third vehicle was not identified on the initial crash report and it is not known whether authorities have any information on the third vehicle.

Generally you hear about tractor trailer and large truck crashes causing serious injury to people in smaller passenger cars. This is an unfortunate example of how the power of these large trucks can be dangerous to even other large commercial and industrial vehicles. An investigation into this Missouri truck accident should determine whether the drivers where following proper safety regulations and hopefully find out who was driving the third vehicle and what his or her role was.

If either truck driver is found to be at fault, or if the driver of the third vehicle is found and evidence shows that he or she was negligent and caused the crash, a Missouri trucking accident lawyer may be able to recover damages to help the injured party cope with medical expenses, lost wages, and other hardships related to the crash.

A new law banning texting while driving will take effect today in Missouri. The law states that nobody under the age of 21 can send, receive or read a text message while they drive.

This law is aimed at preventing serious injury accidents caused by inattentiveness. A large number of car wrecks are caused by drivers simply not paying attention to the road. One of the most infamous incidents in the St. Louis area over the last couple years took place last summer when a tractor trailer driver plowed through a line of cars while allegedly reaching for his cell phone. This tragic incident killed three people and injured 15. Charges were filed earlier this year in relation to that crash.

This new law would not have affected that incident as the driver was over 21. While several other states have bans or partial bans on cell phone use or texting, only Missouri is restricting use by a particular age group.

The fine for violating this law is set at $200.

Two people were seriously injured in a two-car Missouri accident in Randolph County shortly before noon on Tuesday.

The injury accident, which took place on Route JJ, occurred when a 1999 Mitsubishi, driven by Ashley Link, 18, attempted to make a left turn. As Link attempted to make the left, she crossed into the path of Denita Fox, 47, who was driving a 2005 Chevrolet westbound. The two cars collided and both were totaled.

Fox was wearing a seat belt, but Link was not.

Link was flown to University Hospital with life threatening injuries. Fox also sustained serious injuries and was taken by ambulance to Moberly Regional Medical Center for treatment.

From the initial crash report on file with the Missouri State Highway Patrol, it is unclear who exactly is at fault for the accident. Even if fault was indicated in the report, further investigation would need to be done by a Missouri car accident lawyer as the crash reports are just the opinions of the investigating officer.

Under the law, the insurance of the driver at fault will need to compensate the injured party. This can be a very complicated issue at times and in some cases the insurance companies will try and contact you to get a statement after you have been injured in a car accident. It is advisable to consult a personal injury attorney before talking to an insurance company representative as the things you say may be used to limit the compensation you receive. Many firms offer free personal injury consultations so that you can become better educated on your legal rights before you make any commitments.

While we continue to work on a case involving a young man being injured while using a weight lifting machine, I wanted to talk a little bit about other similar incidents, personal injury claims and product liability cases involving exercise equipment.

Every year, there are millions of sports related injuries in the United States. This shouldn't come as a surprise since participating in sports requires physical exertion and the chance for a genuine accident is high. Where a personal injury lawyer would get involved is in cases where somebody's negligence led to another's injury. If the case involves a defect in equipment that causes injury, it falls into the category of product liability law.

Last year there were over 400,000 injuries related to exercise or exercise equipment. Particularly dangerous, according to the U.S. Consumer Product Safety Commission's database, were weight lifting machines. They accounted for over 79,000 of these accidents. While many of these could be due to operator error, some may be due to the fact that a weight lifting machine has a dangerous design flaw. In these cases, a product liability lawyer should be contacted immediately to investigate.

If you are injured by faulty equipment and seek damages, the company may offer you a settlement. Make sure you have consulted with your attorney about your wishes if a settlement is offered. Some personal injury firms are more likely to suggest settling, but often the damage payout will be much less. It is not greedy to try and pursue higher rewards as punitive damages are what gets a company's attention and forces them to ensure their products are safe. Lives may be saved thanks to a personal injury lawsuit revealing a dangerous design flaw.

One specific case was Schmitt v. Dudley Sports Co. An automatic pitching machine was purchased by a high school and the pitching arm accidentally fired when the machine was unplugged and in storage causing serious injury to a student. There was no warning that the pitching arm may fire even when unplugged so the company was found to be negligent. This case likely caused other sports equipment companies to take notice and include more specific warning labels.

Aside from product liability, there are many other cases where an injury was not the fault of the person who sustained it. If you feel that you have been the victim of someone's else's negligence, contact a personal injury lawyer as soon as possible.

Adrienne Ford, 20, was killed Friday when her car was hit by a pickup and forced off the roadway as she drove Highway 65 in Northern Missouri.

According to the Missouri State Highway Patrol, Ford was driving southbound in front of a pickup driven by Omar Miller, 54. As they approached an intersection, Miller attempted to pass Ford. In the process of doing this, he struck Ford's car on the driver's side and both cars traveled off the roadway and down an embankment.

Ford was airlifted to Truman Medical Center where she was pronounced dead. Miller was not listed on the injury report according to the investigating officer.

Ford was not wearing a seatbelt.

Further investigation from a Missouri car accident lawyer is needed to truly determine whether Miller was negligent in trying pass Ford. If he was, Ford's family may be able to recover damages to help pay expenses after this tragic accident.

The fact that Ford was not wearing a seat belt does not have the legal ramifications in Missouri as it would in other states. Some states say that if you are injured in a car accident without a seatbelt, you are partially responsible for your injuries since taking that precaution could have prevented injury.

Our law firm represents a young man who was severely injured while using a Cybex International, Inc. smith machine, model 5341.

We would like to hear from anyone who has experienced an incomplete latching, sometimes referred to as a "false engagement" of the hook that rests on top of the pin, which holds the bar. When a false engagement occurs, the hook actually rests on the top of the pin- not fully over it- which can cause the bar to unexpectedly fall on the user.

There have been numerous incidents of false engagements and incomplete latching with both the 5340 and 5341 models.

We would like to hear from anyone who has experienced this type of incident or knows of this type of incident occurring.

Please feel free to call us at 314-721-9111 or by email at ryan@thebradleylawfirm.com.

If you or a family member sustain a serious personal injury, it will likely be one of the most stressful and challenging events in your life. When evaluating personal injury attorneys to help you through this complicated time, there are several qualities that you should look for.

The first thing you want in a lawyer is extensive experience in the specific practice area related to your case. If you were involved in a car accident, make sure to find someone with numerous car accident cases under his or her belt. If you are dealing with a premises liability case, make sure the attorney is qualified in that area and so on. Each area of tort law and personal injury law is very different and it would benefit you to have representation well versed in that particular area.

You also want to get a sense of the attorney’s track record when it comes to handling similar cases. You’ll want to find out how many cases they have tried and how often they go to trial. Of course you’ll also want to know how successful he or she has been when they do go to trial.

It is also important to get a sense of the attorney’s reputation in the profession. If he or she has a poor reputation among fellow lawyers, that is a very bad sign. Ask other lawyers about your potential hire and check to see if the attorney you are considering is a member of any respected professional organizations like The American Trial Lawyers Association.

Last, but certainly extremely important, you’ll want to find a personal injury lawyer that makes you feel comfortable and cared for. As stated above, this will likely be one of the most stressful periods in your life and you’ll want a lawyer that is genuinely concerned for your personal health and well being and not just the settlement. Some large firms with many lawyers on staff tend to lose this sense of connectedness as they tend to be focused on finding the fastest way to settle and move on to the next profitable case.

The number of deaths as a result of car accidents in construction zones is rising steadily each year. Over 1,000 people are killed each year and 40,000 are injured in construction zone crashes. That is up from just over 800 deaths in 1999.

Of those killed and injured, more than 80 percent are drivers or passengers. Workers are very much at risk as well, but the accidents are mostly rear-end collisions between cars in the work zone. A vast majority of crashes are caused by driver inattentiveness. These drivers will be carelessly talking on a cell phone or preoccupied with something in the car and won’t realize traffic has stopped for an upcoming work zone. This driver negligence is what causes injury accidents.

Lawmakers are split over how to deal with this problem. Some want better training for construction workers and wider lanes in construction zones. Others say driver education programs and advertisements are essential in showing drivers they need to slow down and stay alert.

Transportation officials in some states are also advocating that more roads are completely closed when construction is ongoing, rather than trying to funnel traffic through these congested areas. They have also started using longer lasting pavement to reduce the amount of maintenance needed on the roadway.

Since most work zone crashes are the result of driver negligence, those who are injured can often contact a personal injury lawyer to recover damages after the accident. You can reduce your chances of being in an accident by being attentive in work zones, but if you are still injured by someone else’s negligence you should contact a car accident attorney as quickly as possible.

Seven teenagers were injured in a Missouri school bus crash when a small bus run by a river resort crashed Sunday morning on Moon Valley Road near Bennett Springs, Missouri.

According to the Missouri State Highway Patrol, the bus was carrying the teens westbound near the Fort Niangua River Resort. The driver, Steven Newman, 53, moved to the right to avoid an oncoming vehicle. In doing so, he ran off the side of the roadway and down an embankment where the bus overturned, coming to a rest on its roof.

Brittnie Pratt, 17, and Chloe Schmidt, 17, were the most seriously injured. Among the others that were injured were Colleen Armstrong, 16; Chelsea Bryant, 17; Brittney Green, 17; Lauryn Salts, 17; and Elizabeth Wadsack, 17. Most of the girls were taken to St. John’s Hospital for treatment.

While many of the girls knew each other from attending Camdenton High School, they were not attending a school function and the bus was not affiliated with the school.

The initial crash report indicates the bus moved to avoid an oncoming vehicle, but it did not list the second vehicle’s driver or if authorities even know who it was.

School bus crashes are relatively rare and usually riding the bus is a safe mode of transportation. When accidents like this happen, however, the people that are injured need to contact an experienced bus accident lawyer as soon as possible. There are several ways to pursue a claim in this situation. If an investigation into the injury crash reveals the bus driver was negligent in operating the bus, the girls and their family may be able to make a claim against him or the river resort. If the bus was indeed forced off the road by a second car and that driver can be located, he may be held responsible for the injuries sustained in the crash.

Steven Messenger, 31, and Matthew Alexander, 18, were both seriously injured Monday after being involved in a four-car injury crash on I-55 near Reavis Barracks Road.

The accident began when Juanita Roberson, 43, attempted to change lanes on the highway in her 1998 Oldsmobile Bravada. As she did so, she crossed behind Messenger’s 2001 Chevrolet Blazer and rear-ended his vehicle. Messenger’s car was forced into a 2005 Dodge Ram, driven by Jeffrey Orf, 28, that was just in front of him. The chain reaction continued as Orf was unable to avoid crashing into Alexander’s 2002 Pontiac Grand Prix.

Messenger and Alexander were the only two that suffered any injury according to the Missouri State Highway Patrol. Their injuries were listed as serious, however, and both were rushed to local hospitals for treatment.

Those involved would be wise to contact a St. Louis injury accident lawyer as soon as possible. This could be a complicated case since there were multiple collisions and injuries in different vehicles. Often in chain reaction type accidents like these, each driver is responsible for the damages to the vehicle in front of him that he hit. This is due to the rear end collision doctrine. A personal injury attorney would need only to prove that the doctrine applies. There may be extenuating circumstances not detailed in the initial crash report, however, and that is why the case should be thoroughly investigated by a legal professional as soon as possible.

Jeffrey Johnson, 23, and his two young children were injured Sunday in a Missouri head-on collision on highway 142 near Doniphan, Missouri.

Johnson was driving his 1995 Geo eastbound on highway 142 when the accident occurred. He approached a hill crest at the same time as a 2005 Ford, driven by Benjamin Ressel, 32, who was traveling westbound. As they came over the hill, they collided head-on.

Johnson was flown to St. Francis Hospital with serious injuries. His children, ages 1 and 2, both sustained less serious injuries and were taken to Ripley County Hospital. Ressel was uninjured according to the investigating officer.

Johnson was not wearing a seatbelt which probably contributed to his injuries being more severe. Fortunately, everybody else involved was wearing a seatbelt.

From a Missouri personal injury lawyer’s perspective, the first thing to notice about the initial crash report is that it offers no indication as to who is at fault for this accident. The investigating officer from the Missouri State Highway Patrol simply states that the two vehicles collided on a hill crest. He did not indicate which car crossed the center line or explain how they crashed.

Before any personal injury suit could be pursued, this basic information would need to be investigated. Crash reconstructions can look at debris patterns and tire skid marks to determine exactly where each vehicle was and approximately how fast they were traveling.

Should Johnson try to pursue damages for his injuries, the fact that he wasn’t wearing a seat belt makes no legal difference here in Missouri. Some states, though, have a seat belt defense that assigns comparative fault to people who fail to wear a seatbelt. This basically means a person can be considered partially responsible for his injuries by failing to take the necessary precautions and not buckling his seatbelt.

Advertisements for legal services like personal injury attorneys appearing in print, radio and television ads may soon face stricter guidelines if the Missouri Bar and Missouri Supreme Court adopt newly proposed regulation.

Currently, all legal advertisements must have the disclaimer “The choice of a lawyer is an important decision and should not be based solely upon advertisement.”

According to the Missouri Bar Board of Governors, the new regulation would dictate how that disclaimer is included within the advertisement. For instance, if it is a print ad, the disclaimer must be in high contrast to the background and at least one-third the size of the advertising lawyer’s contact information. Television and radio ads that speak the disclaimer must say it no faster than the ad speaks the phone number of the advertising lawyer.

The use of celebrities as spokesmen would also be banned in legal advertising.

The proposal has sparked a debate in the Missouri legal community over the amount of regulation that should govern legal advertisements. Supporters of the proposal say that it is important to make special rules for legal advertisements because the public could easily be mislead regarding complicated legal matters. Opponents say it is a challenge to free commercial speech and it goes too far.

Regardless of whether or not these new rules are implemented or even necessary, the disclaimer does promote some useful advice. If you or a loved one have been injured by another’s negligence and you are seeking a Missouri personal injury lawyer for legal advice, you should thoroughly research all potential lawyers before making a decision. Don’t rely simply on ads as many attorneys do little or no advertising. Find a listing of St. Louis area attorneys and give them a call. Most will provide a free consultation of your personal injury case that will tell you more than any 30 second radio ad ever could.

Glen Clark, 53, was seriously injured Tuesday evening after the riding lawnmower he was using was hit by a car.

The Missouri injury accident took place on County Road 123 around 8:25 p.m. The investigating officer said that a 1995 Dodge, driven by Mark Parks, 48, was traveling southbound behind Clark. Parks’ car hit Clark’s mower from behind and ejected Clark.

Clark suffered serious injury and was taken by ambulance to a local hospital. Parks was uninjured.

If the initial crash report from the Missouri State Highway Patrol is accurate, then this is a rear impact collision case. Negligence is assumed on the part of the at fault driver in these cases. If a Missouri personal injury attorney is brought in to recover damages, the driver that initiated the rear end crash will have a hard time defending himself. The rear impact collision doctrine is in place because all drivers should be aware and in control of where the front of their vehicle is traveling. They should always leave enough space between them and the vehicle in front of them.

This lawnmower incident may have extenuating circumstances not detailed in the initial crash report. These additional facts are important and evidence must be collected quickly by a personal injury lawyer.

Five people were killed late Saturday night in a two-car accident on Route OO near Farmington, Missouri.

Walter Barker, 57, and his wife Bessie Barker, 59, along with Norma Holloway, 60, were riding in one car. The other car contained Yvonne Fulton, 46, and her husband Gregory Fulton, 48.

Yvonne Fulton was flown to St. John’s Mercy in Creve Coeur where she was pronounced dead. Gregory Fulton was pronounced dead at Mineral Area Hospital. All others were pronounced dead at the scene.

The investigation into this fatal Missouri car crash is still underway, but the initial crash report filed by the Missouri State Highway Patrol indicates that Walter Barker, who was driving a 2004 Pontiac GTO, crossed the center line of the roadway as he drove northbound. Yvonne Fulton was driving a 1999 Cadillac Deville southbound and was unable to avoid the fatal head-on collision.

Walter Barker and Norma Holloway were the only passengers not wearing a seatbelt.

The St. Louis Post Dispatch report on the crash says that investigators do not believe that alcohol played a role in the crash. That being the case, they still do not know what may have caused Barker to cross the center line. If further investigation reveals negligence on the part of either driver, a Missouri personal injury attorney could be contacted by the family to file a wrongful death suit and recover damages to pay for funeral and other expenses.