Posted On: November 29, 2009

Male teenage drivers more likely to be involved in Missouri car crashes

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Studies published by federal agencies show that men are more likely to be involved in deadly car accidents than women, especially during their teenage years, according to a NPR report. Teenage boys are twice as likely to be in a fatal crash and more likely to participate in risky driving such as speeding.

According to the report, 6,000 15 to 20-year-olds were involved in a fatal car accident nationwide, with the majority being male.

Here in Missouri, the statistics mirror the national averages with male drivers being in more accidents, particularly our many rural roads.

Other studies cited in the report show that the discrepancy between men and women continues among older demographics. Male drivers are more likely to be in a fatal collision until the age of 60, which is when the rate for female drivers finally equals the male rate.

Some researchers claim the differences are the result of aggressive driving patterns caused by testosterone. Men are also more prone to drinking and driving.

To lower the number of youth driving deaths, many states, including Missouri, have gone to a graduated license systems which restricts younger drivers from full privileges until they mature while still allowing them to learn behind the wheel. Parents are being held responsible as well. In some cases where a minor causes a fatal accident, a personal injury lawyer’s investigation will discover evidence that the parents knowingly allowed the minor to driver outside of the graduated license restrictions or under the influence of alcohol.

Posted On: November 27, 2009

Multi-collision Missouri accident injures five

Five people were hospitalized Friday, two with serious injuries, after a series of collisions on I-55 in Jefferson County south of St. Louis.

The St. Louis area injury accident occurred when Jolene Hancock, 31, pulled her 2009 Toyota Tundra to the shoulder of southbound I-55, according to a Missouri State Highway Patrol crash report. While Hancock’s vehicle was on the side of the road, a southbound 2007 Hyundai Elantra, driven by Melina Clark, 16, traveled off the side of the road and crashed into the back of the parked Toyota.

The force of the impact pushed Hancock’s car back into the highway where it was struck by a tractor trailer, driven by Roger McIrvin, 54. The tractor trailer immediately pulled over to the shoulder, but Hancock’s car stayed on the highway where it sustained a third collision, this time from a 1993 Ford Explorer driven by Joshua Cheli, 30.

Jolene Hancock and two passengers in her car, Christopher Hancock, 34, and Tristan Hancock, 10, were taken to Jefferson Regional Medical Center. Jolene sustained the most serious injuries of the three.

Clark was taken by ambulance to St. Anthony’s Medical Center with moderate injuries. Cheli was also transported to St. Anthony’s with serious injuries.

McIrvin, the tractor trailer driver, was uninjured.

This Missouri rear end collision car accident is very complicated with multiple collisions that may take much more investigation to determine liability. The initial accident report doesn’t say why Hancock was on the shoulder of the road or what caused Clark to suddenly veer off the highway. Both are important factors that should be investigated by authorities and possibly a St. Louis area personal injury attorney.

Posted On: November 25, 2009

Hit and run accident injures four in Missouri

Four people were injured, one seriously, by a Missouri car accident on I-70 in which one driver fled the scene.

The hit-and-run injury accident occurred in Lafayette County at around 1:15 Wednesday afternoon. Kenneth Dusch, 42, was driving eastbound in a 1995 Chevrolet with a boat trailer. Behind Dusch was 27 year old Erik Myhill who was driving a 2007 Toyota. According to the Missouri State Highway Patrol, Myhill overtook Dusch's vehicle and crashed into the boat trailer. The impact caused Dusch's vehicle to overturn and flip into the median. The trailer detached and was flung off the south side of the roadway.

Riding with Kenneth Dusch was his family including Theresa, 41; Jackson, 15; Samuel, 11; and Lily, 9. Theresa Dusch suffered the most severe injuries and was flown to an area hospital for life-saving treatment. The other members of the Dusch family sustained minor to moderate injuries and were taken by ambulance to local medical centers.

After the wreck, Myhill fled the scene of the crash. He was later stopped by police and charges are pending.

An investigation into the accident is ongoing.

Myhill made a bad situation much worse for himself by fleeing the scene. It is illegal to leave the scene of a Missouri car accident whether you think you are at fault or not.

Now, instead of staying at the scene, calling for help and cooperating with authorities, Myhill will almost certainly be facing serious criminal charges. If the description of the accident in the initial report is accurate and Myhill is found to be at fault for the accident, the Dusch's may be able to contact a Missouri car accident lawyer to help them recover damages to cover medical bills and other expenses stemming from this incident.

Posted On: November 23, 2009

Study shows crime may be linked to fatal car accidents

A University of Michigan study has found a correlation between the number of homicides and the number of fatal car accidents in a state. This study comes right on the heels of a yearly survey of crime rates that has St. Louis ranked as the 2nd most dangerous city in the United States.

The researchers behind the Michigan study looked at data from the top states in traffic fatalities and compared several different factors. Among the factors was proportion of male drivers, proportion of older drivers, income and several others. The strongest correlation and best predictor of a high rate of traffic fatalities, though, is a high rate of homicides.

A representative of the researchers says a link could be made to aggression. High homicide rates reflect highly aggressive areas with more aggressive drivers.

So where does Missouri fit in and does the crime rate reflect the number of fatal Missouri car accidents? Well, the NHTSA has the Missouri traffic fatality rate at 1.4 deaths per 100 million miles traveled. That is a little above the 1.27 national rate. Government crime data shows the state's homicide rate is 6.3 per 100,000 people, which is also slightly above the national average of 5.7. On the surface, the Missouri statistics seem to fall in line with the Michigan study.

Further proof can be found in Louisiana, a state with one of the top rates in both homicides and deadly car and truck accidents.

Not every state follows the trend, however. Montana has the highest traffic fatality rate, yet it also has one of the lower homicide rates.

This study may turn out to be more of a case of loose correlation not equaling causation, but any attempt to determine and eliminate the cause of tragic car accidents is a noble one. As technology evolves and more accidents are investigated by crash experts, car accident attorneys, and policy makers, we may be able to come up with solutions to the traffic fatality problem. In fact, the national rate of traffic deaths nationwide for 2008 was the lowest it's been in more than 40 years.

Posted On: November 21, 2009

Holiday traveling turns tragic for some

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Thanksgiving is a time for being with family and friends and this often means lots of traveling. In fact, 33 million Americans will travel at least 50 miles by car to see their loved ones, according to a NPR report. This extra traffic will be accompanied by a tragic increase in the number of car accident deaths and injuries.

According to the National Highway Traffic Safety Administration, 400 people were killed in car and truck accidents last year over the four-day Thanksgiving weekend. Many more were injured.

These facts should not scare anybody from their holiday plans. The vast majority of people embarking on a Thanksgiving trip will arrive safely and without incident. What these numbers should do is cause drivers to pause and examine their driving habits. Safe driving practices can dramatically reduce your chances of being involved in an accident.

Depending on which demographic group you look at and your definition of driver error, 70 to 95 percent of all car accidents are caused by a driver error. This means that 70 to 95 percent of accidents are preventable and can be eliminated if drivers were simply more aware of their unsafe habits. Negligence behind the wheel such as excessive speeding, overly aggressive driving and being distracted by portable electronic devices are major causes of these preventable accidents.

If someone is injured by another driver's negligence, the at-fault driver's insurance is required to pay for the damages caused to the injured party. This procedure may sound simple enough, but often it is more complicated. Negligence or fault may be hard to determine or both drivers may share a portion of liability for the accident. Insurance companies may also look for ways to avoid paying for an accident. Other times the at-fault driver's insurance may not be enough to cover the medical bills after a serious accident or the driver may have no insurance at all. All of these potential complications are good reasons to consult a car accident attorney after an accident.

Posted On: November 19, 2009

Missouri car accident on Highway 94 sends four to hospital

Four people were hospitalized Wednesday afternoon after a two-car accident on Highway 94 in St. Charles County, Missouri.

This Missouri injury accident occurred just east of Route DD when Jo McCall, 66, lost control of her Jeep Cherokee, according to the Missouri State Highway Patrol. McCall's Jeep crossed the center line into the path of a 2008 Saturn Outlook, driven by Timothy Barrett, 53. Barrett was unable to avoid the collision and the two vehicles collided head-on, totaling both the car and Jeep.

McCall and Timothy Barrett both suffered serious personal injury in the wreck. Also in the Saturn at the time were Mark Barrett, 27, and Deborah Barrett, 54, who both sustained serious injury as well. All four were transported to St. John's Hospital in Creve Coeur for emergency treatment.

As of now, we don't have an indication as to what caused McCall to lose control of her Jeep. As this accident is investigated, more details should emerge as to whether McCall was simply distracted, or if another driver contributed to the crash. Since liability and negligence are often complicated issues to prove after a car accident, a St. Louis area car crash lawyer is a vital adviser to have if you are involved in such a scenario. Crash victims often can't rely on insurance company representatives to help them after an accident as they are often more concerned with the bottom line than with the well being of crash victims.

Posted On: November 17, 2009

Missouri car accident injures two in Clay County

Frances Lewis, 49, and Anita Janssen, 41, were injured in a two-car Missouri injury accident at 11 a.m. Monday morning.

The investigating officer described the accident as a rear-end collision. Lewis was traveling northbound on I-35 in a 1985 Mercury and Anita Janssen was riding with Robert Janssen, 43, in a 2007 Ford. Lewis had to stop in the middle of the roadway and Robert Janssen was unable to avoid slamming into the back of Lewis' car.

Lewis' injuries were described as serious and he was rushed to a local hospital for emergency treatment. Anita Janssen suffered only minor injury and was able to find private transportation to the hospital. Robert Janssen was uninjured, according to the initial crash report.

Lewis was driving without insurance.

An investigation is ongoing and charges are pending.

Typically rear end collision cases assign negligence to the at-fault driver, but the investigation must confirm that there were no extenuating circumstances. Once the investigation is complete and the charges are filed, a Missouri car accident lawyer will be able to take that information and help the injured party recover damages to pay for medical bills and other expenses.

Posted On: November 15, 2009

Missouri construction site accident kills one man and injures another

A Missouri construction accident killed Ryan Goodman, 35, and injured Shane Wagener, 30, last week, temporarily bringing a halt to construction on the new Kauffman Center for the Performing Arts in Kansas City.

According to officials cited in the Kansas City Star, a portable boom lift with a basket designed to raise workers up to 100 feet in the air fell over while the two men were inside. The basket was extended to around 50 feet while the men were placing beams on the new building before it fell. Both men fell away from the basket as the equipment tipped over.

Goodman and Wagener were both taken to local hospitals. Goodman died at the hospital while Wagener suffered serious injuries and is still being treated.

Crews removed the lift from the accident site yesterday, but investigators from the Occupational Safety and Health Administration are continuing to investigate the cause of this tragic accident.

The site, operated by J.E. Dunn Construction Co., has not had any injuries or serious incidents in the past. The men were employed by Midwest Steel.

These types of crane accidents kill more than 80 workers every year, according to data from OSHA. We reported on a similar St. Louis construction site accident earlier this year.

The big question in all construction site injury accidents is whether they could have been prevented. If certain safety procedures had been followed or if faulty machinery had been inspected, would the accident have occurred?

It may take months of investigation, but the answer will be revealed if the best experts are called in to investigate. Experienced construction accident lawyers will have the connections and knowledge to determine if negligence caused the needless death of a worker.

Posted On: November 13, 2009

Missouri crash kills one and injures three in Barry County

Ricky Taylor, 51, was killed and three others were injured in a three-car Missouri injury accident on Highway 90 in Barry County, Missouri.

Taylor was driving his 2003 Chevrolet Impala westbound, according to investigators, when he came upon a slower moving pickup, driven by David Wickman, 70. Taylor attempted to pass Wickman by going into the eastbound lanes. As he did so, he crossed into the path of a 2007 Honda Civic, driven by Vang Lee, 57. The two cars crashed head-on. The violent impact pushed the Civic into Wickman's pickup, which was also damaged in the wreck.

Taylor was pronounced dead at the scene. Vang Lee and two others in his car, Pazoe Lee, 15, and Yee Thao, 47, were all injured and taken to Cox South Hospital.

While it is not illegal to pass other vehicles on two lane roads, great care must be taken to ensure you do not attempt this maneuver when an oncoming car is approaching. This should certainly not be attempted on a winding road or over the crest of a hill when you can't see very far ahead of you. If the initial crash report is accurate, it appears that Taylor attempted to pass negligently and caused this accident. If this is true, his liability insurance will be responsible for paying damages to the injured parties.

Unfortunately, insurance companies are not always as concerned with the well being of those injured in Missouri car accidents as they are with their own bottom line. They will often look for ways to reduce the amount they repay injury victims. There are also cases where the at-fault driver's liability insurance simply isn't enough to cover the cost of catastrophic injuries. In these cases, the injured party will have to file a claim against their own insurance policy's 'under-insured motorist coverage'. Working through these issues can be complicated, which is why it is a good idea to consult a Missouri car accident lawyer before talking to the insurance companies. Many attorneys offer a free consultation to discuss your rights as a victim and to better educate you on your options with no obligation to hire the attorney.

Posted On: November 12, 2009

Howell County Missouri Crash at Highways 17 and 142- Looking for Witnesses

On August 27, 2009, a downed stop sign at the intersection of Highways 17 and 142 in Howell County, Missouri resulted in a terrible tractor trailer crash. My personal injury law firm has been retained to represent the injured people in this crash.

Based upon tire marks in the mud, it appears a large truck knocked the stop sign down while turning the corner.

We are reaching out to anyone who can provide information about this stop sign. We would like to know the following:

1. Can anyone identify the truck that knocked down this stop sign?
2. When was this stop sign knocked down (how many days or hours prior to this crash)?
3. Did anyone see the crash on August 27, 2009 at this intersection?
4. Is this stop sign knocked over on a regular basis?
5. Did anyone notify MODOT (the Missouri Department of Transportation) about the downed stop sign prior to, or after, this crash?

On behalf of my clients, I very much appreciate anyone who has information to come forward. Please contact me at 314-518-8321 or ryan@thebradleylawfirm.com if you have any information about this downed stop sign.

Posted On: November 9, 2009

Missouri man killed while riding tractor

Ronnie Engle, 46, was killed Monday in a Missouri car accident when his tractor was hit by another car on Route K near Liberal, Missouri.

According to the initial report filed by the Missouri State Highway Patrol, Engle was riding his John Deere farm tractor on Route K when he was struck from behind by a car. The car was a 2005 Dodge Neon, driven by Dillon Duffy, 18, of Arcadia, Kansas. After impact, both cars traveled off the roadway and Engle's tractor overturned.

Engle was pronounced dead at the scene. Duffy did not sustain any significant injuries, according to the accident report.

Engle was tested for alcohol by the investigating officer.

Typically, Missouri rear-end collision cases follow a doctrine that says negligence is assumed on the part of the at-fault driver. All drivers should be focused on where their vehicle is heading to avoid such collisions. Each specific crash must be examined thoroughly to determine whether this doctrine should apply.

Many times, accident cases are more complicated than they first appear and the initial crash reports may leave out crucial details that could shed light on how an accident occurred. Because of this, it is important to contact a Missouri car accident injury lawyer to make sure you and your family get the help you need after a serious or, in many cases, tragic accident.

Posted On: November 7, 2009

Missouri car accident kills two

A serious and tragic Missouri car accident claimed the lives of two Missourians late Saturday evening on Missouri 32 near Lebanon.

The accident occurred when Kaleb Barber, 16, fell asleep at the wheel of a 2001 Chevrolet Blazer, according to the investigating officer from the Missouri State Highway Patrol. His vehicle drifted over the center line and struck a 1996 Mercury Cougar head-on. Riding in the Cougar was Kenneth Kimrey, 51, and Patricia Kimrey, 72.

Both Kenneth and Patricia were pronounced dead at the scene and taken to a local funeral home. Barber was seriously injured and flown to St. John's Hospital for treatment.

All of the people involved in this fatal Missouri car wreck were wearing a seatbelt.

If the initial crash report is correct and Barber did indeed fall asleep at the wheel, that is a very serious sign of negligence as a driver. The initial crash report by itself is only considered hearsay, though, so further investigation into this accident, including a crash reconstruction, will determine exactly how this accident occurred.

From a Missouri personal injury lawyer's perspective, this crash is also complicated by the fact that Barber is a minor. In some cases, the parents of a minor who causes an accident may be held liable. More information must be gathered before this determination can be made.

Posted On: November 6, 2009

NHTSA suggests that case is not closed on Toyota rapid acceleration issue

More information has come to light regarding a story we've been following involving possibly unsafe Toyota vehicles.

Federal regulators from the National Highway Traffic Safety Administration have issued a statement that certain Toyota and Lexus vehicles may have defects in their design that can lead to uncontrollable acceleration.

Toyota had previously issued a statement in response to a fatal August 28th accident that the driver side floor mats in some Toyota and Lexus vehicles can cause the gas pedal to get stuck if they aren't installed properly. This appeared to be the case in the fatal car accident in San Diego that killed four people when a mat designed for an SUV was accidentally installed in a smaller Lexus sedan. The Toyota statement seemed to imply that the floor mats were the only concern and that no other design flaws are present.

This may not be the case, according to the NHTSA, and some Toyota and Lexus vehicles may have other problems with the accelerator mechanism and the design of the foot well itself.

The problem, of course, is owners of these vehicles may have been mislead by Toyota's statement and believe that by simply removing the floor mat in their vehicle, they will be immune to this acceleration problem. In fact, they may still be driving a car that could suddenly speed out of control due to some other factors.

Toyota spokesmen continue to say that the improperly installed floor mats are the only known cause of the problem with no evidence being yet found to support the theories that other design defects exist.

The NHTSA is continuing to investigate the matter.

If you believe that you or a family member have been the victim of a dangerous vehicle defect, it is in your best interest to contact a product liability attorney as soon as possible.

Posted On: November 5, 2009

Byetta® and Kidney Damage: Our Lawyers Are Reviewing Cases Involving Kidney Failure

As a defective drug lawyer and scientist, I have a special interest in defective drug litigation. The FDA reported Byetta® (exenatide), a drug manufactured by Amylin Pharmaceuticals, Inc. and Eli Lilly and Company, prescribed to treat type 2 diabetes may pose serious kidney problems to patients.

Our lawyers are currently reviewing Byetta® cases to determine if patients hurt by this drug are entitled to have their medical bills, lost wages and pain and suffering compensated. Where death has occurred, we will determine if the family members have a cause of action for wrongful death against this drug's manufacturers.

As a lawyer, I have a unique background that allows me to effectively handle defective drug cases. I am a trained biologist and chemist, turned lawyer. I personally review each and every case to determine if you or your family have a cause of action and do so free of charge.

It is extremely troublesome when a drug manufacturer hides known complications or side effects about the drugs it manufactures. We have seen this time and time again with numerous other drugs. It is unknown at this point what Byetta® manufacturers knew prior to this press release. From here forward, Byetta® will have a different label, which will specifically address the risk for kidney problems.

So far, many Byetta® kidney failure / damage cases reviewed by the FDA have caused serious concern. Here is a link to the FDA's web page concerning this drug. The report states from April of 2005 to October of 2008, the FDA had seventy-eight reports of kidney function problems in patients using Byetta®.

My Missouri-based personal injury law firm is reviewing Byetta® cases nationwide and can help you no matter where you live.

For your free Byetta® case evaluation, please contact my law firm or call us at 314-721-9111 and we will arrange for your case to be reviewed.

Recently, we received a letter from the law firm of ReedSmith regarding this post. Apparently, they represent Eli Lilly & Company. We wish to clarify that our law firm is NOT associated with Lilly and that Lilly has not sponsored or consented to our firm's use of its trademarks. Also, please consult your physican or health care provider regarding your continued use of this drug. This site is not intended to give medical advice.

Posted On: November 3, 2009

Governor calls summit to discuss Missouri DWI problem

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Governor Jay Nixon assembled a panel of 34 officials, including police, lawyers and politicians, to discuss the problem of drunken driving in the state of Missouri. The summit is in response to the large number of fatal Missouri car accidents caused by drunken drivers and a recent St. Louis Post Dispatch report exposing numerous loopholes allowing dangerous drivers back on the road.

One common problem is that repeat offenders were not charged as such. Despite having a three-strikes law in Missouri, numerous repeat offenders who should be charged with felonies are set free with misdemeanors or less. The Post Dispatch reports this happens about half the time in St. Louis County.

Officials on the panel said that law enforcement needs to have a better way of tracking these repeat offenders so they can be punished to the fullest extent of the law.

Another problem discussed at the meeting was the issue of refusing a blood alcohol test. Under current Missouri law, if you refuse a blood alcohol test, you are supposed to automatically lose your license for a year. This is often not the case, though, as thousands of drivers were allowed to stay on the road after refusing the test due to various loopholes and appeals.

A suggested solution to this problem was to make refusing a blood alcohol test a crime punishable by more severe penalties than just losing your license. Several other states have adopted a similar law. This law would only reduce Missouri car accidents if it was more strictly enforced, though, and the loopholes that existed for the loss of license rule don't carry over to the criminal charges.

Missouri annually ranks among in the top third of states for most alcohol-related fatalities. With hundreds of drunk driving deaths every year, we often outpace similarly populated states.

If you have lost someone to a drunken driving accident or have been injured yourself, contact a Missouri personal injury lawyer to discuss your case.

Posted On: November 1, 2009

Police in Alton, Illinois forced to kill aggressive pit bull

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Alton police were forced to kill a pit bull that became threatening Sunday afternoon, according to a St. Louis Post Dispatch report. Officers also wounded a second dog, that was later euthanized, and deployed a Taser on a third.

Police were investigating the home of Jason Edwards, 22. He was keeping more than three dogs, which was the limit allowed by a city ordinance. He also violated several other ordinances including failing to obtain licenses for the pit bulls.

The report says that police may pursue charges against Edwards for these numerous violations.

The reason police take these charges so seriously is that pit bulls can be extremely dangerous animals. 800,000 people are treated for dog bites in the United States and about 20 die every year. Nearly two thirds of dog bite victims are children. Pit bulls are considered to be one of the most dangerous dog breeds and are commonly used in illegal dog fighting rings.

Because of these dangers, many places have enacted legislation to limit certain breeds, such as pit bulls, and reduce the number of animal attack injuries. Alton, for instance, only allows an owner to keep three dogs and Illinois state law prohibits convicted felons from owning vicious animals.

Owners of dangerous animals may be held strictly liable if one of their animals causes a serious personal injury. This means the fact one of their animals caused an injury is enough to show liability. The owner doesn't have to be negligent to be held responsible.

If you or someone you know has been injured by a dangerous animal that was not properly restrained by its owner, you should contact a skilled personal injury lawyer to discuss whether you can recover damages to pay for medical expenses caused by the attack.