Missouri Accident Lawyer Blog

One Missouri man was killed and another was seriously injured this morning in a two-car St. Louis accident at the intersection of Hall Street and Adelaide Avenue.

According to the St. Louis Post Dispatch, the name of the deceased was Ricky Prosser, 35. The name of the second man has not been released by authorities.

While some details are sketchy, it appears that Prosser was heading northbound on Hall Street in a 2004 Ford Escort when his car veered into oncoming traffic and collided head-on with a 1999 Mazda.

Prosser was pronounced dead at the scene while the driver of the Mazda was taken to a local hospital for emergency treatment.

Police initially suspected slick road conditions as a potential contributing factor, but now the Post Dispatch is reporting that alcohol may have played a role. A definitive answer may not been known until the accident reconstruction report is released which could take up to three months.

Icy road conditions can contribute to accidents, but are typically not a defense in a personal injury lawsuit as drivers should be aware of the conditions and drive accordingly. Should alcohol have been involved, that is a clearer sign of negligence, but until the full accident report is released it remains to be seen whether that was the case in this St. Louis area car accident.

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

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Three people were hospitalized after a four-car Missouri injury accident on Interstate 55 in Pemiscot County, according to the Missouri State Highway Patrol.

The initial accident report describes the accident as a chain of rear end collisions as several cars were stopped due to traffic. Megan Fielder, 25, was driving her 2007 Buick southbound and was unable to stop before slamming into the back of the line of cars. The force of the collision pushed one car into another and, in all, four cars were involved.

In the third car was Robin Roberts, 25, and three members of her family. Rhonda Roberts, 26, Rheyna Roberts, 3, and Riley Roberts, 4, were all injured and taken to the hospital for treatment. According to the investigating officer, no one else in the other vehicles sustained serious injury.

The description of this Missouri car crash did not say why Fielder was unable to stop before hitting the line of cars. The roads may have been slick or she simply could have been inattentive and not seen the backup in front of her. Initial crash reports are, as their name suggests, just the initial opinion of the investigating officer. Further investigation may reveal another reason Fielder was unable to stop.

Unless another explanation is found, however, this case may fall under the rear-end collision doctrine which states that negligence is assumed on the part of the at-fault driver in rear end collision cases. That does not necessarily mean the case will be cut and dry so the injured parties might benefit from contacting a Missouri car accident lawyer to discuss their rights.

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

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Arguments for lifting Missouri's noneconomic damage cap based on they claim it may be unconstitutional will be heard early in 2010. Currently, there is a $350,000 award limit in medical liability cases.

This challenge to the current system, put in place through a tort reform movement in 2005, comes on the heels of large medical malpractice verdict from 2008. In that case, James Klotz received a $1 million dollar jury verdict after complications from an operation to insert a pacemaker. His pacemaker became infected and he had to suffer through brain hemorrhages and the amputation of his right leg. His wife also had to quit her job in order to care for him. Due to the noneconomic damage cap on Missouri medical malpractice lawsuits, however, the amount of money Klotz would actually receive will be far less should the cap not be lifted.

Those in support of tort reform due so largely on the assumption that limiting damage awards will lower costs for doctors and insurance companies who will then pass the savings on to the consumer. Since the 2005 tort reforms in Missouri, though, these assumptions have only been proven half true. Some doctors claim their malpractice insurance premiums have dropped by as much as 25 percent and the average malpractice award has dropped overall. These changes have not benefited the average person, though, as health care costs for the consumer have continued to rise unchecked.

So unless the damage caps are eliminated, we will continue to have a system where awards are arbitrarily limited in order to save money for hospitals and insurance companies while the average person receives no financial benefit. Additionally, those like Mr. Klotz who are unfortunate enough to suffer a personal injury due to a medical error will not be protected and not receive the full compensation determined by a jury.

Similar results have also been seen in other tort reform states like Texas. The financial benefits promised by tort reformers are simply not there while legitimately suffering people are left without full compensation. It's time to let Missouri personal injury lawyers and the civil court system go back to doing their job of holding negligent medical institutions accountable.

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Posted In: Healthcare , Medical Malpractice , Missouri Personal Injury Lawyer News , Personal Injury News

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Five people were hospitalized Sunday after a two-car Missouri injury accident on Route W in Jefferson County, according to investigating officers of the Missouri State Highway Patrol.

The accident took place just after 10 a.m. when Leonard Gaither, 61, lost control of his 1994 Ford Ranger as he tried to negotiate a curve. His vehicle crossed into oncoming traffic where it crashed head-on into a 2008 Chevrolet Silverado, driven by Clifford Ladenberger, 38. The initial crash report did not specify why Gaither failed to negotiate the curve or how fast he was traveling at the time.

Gaither was injured and taken to St. Anthony's for treatment. Clifford Ladenberger and three others in his car, Skylar Ladenberger, 2, Lisa Bircher, 30, and Ryan Bircher, 11, were all taken to St. John's Medical Center for medical care.

All involved were wearing a seat belt.

Some details still need to be examined about this wreck. Investigators will need to determine what caused Gaither to cross into oncoming traffic. It could have been inattentiveness, speeding or perhaps a problem with his car or another reckless driver. Once all the details are known, the insurance companies will get involved to start the claims process. Before talking to an insurance representative, it wouldn't be a bad idea for the injured parties to contact a St. Louis personal injury lawyer to discuss their rights as accident victims.

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

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Harley-Davidson Inc. has issued a recall for more than 100,000 motorcycles manufactured in the last year because the danger of leaking gasoline after a motorcycle crash.

Specifically, the recall affects bikes manufactured from June 6, 2008 to November 19, 2009, including some touring models.

The problem occurs in front-end motorcycle accidents when stress is placed on the fuel tank. There is a chance that the fuel tank could rupture in this scenario, which could leak gas and ignite causing serious personal injury to the rider.

According to Harley-Davidson Inc., they are not aware of any incidents related to this problem, but issued the the recall voluntarily once the problem was discovered. As part of the recall, customers can have their bikes modified with braces on the gas tank to prevent the leaks.

Contact Harley-Davidson for more information.

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Posted In: Missouri Motorcycle Accidents , Missouri Personal Injury Lawyer News , Personal Injury News , Product Liability Cases

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A terrible collision between a van and another vehicle killed one person Wednesday evening in Callaway County, Missouri and left seven others injured, according to the Missouri State Highway Patrol.

This fatal Missouri van accident happened at the intersection of Highway 54 and Route T at around 7:40 p.m. A 1991 Ford van, driven by Fredtonya Rodgers, 41, was traveling on Highway 54 at the time of the crash. As the van approached the intersection with Route T, a 1997 Dodge attempted to cross the highway and struck the van on the driver's side. The force from the side impact collision sent the van off the road where it overturned.

One passenger in the van, Michelle Lee, 38, was killed when she was ejected from the van after it overturned. Rodgers was seriously injured and taken to University Hospital in Columbia, Missouri. Four others in the van were seriously injured including Martha Krampe, 39; Jamie Jaegers, 30; Cynthia Hopkins, 51; and Martha Gardener, 64. The two people in the Dodge, Tyler Wilson, 20, and Danielle Hosenfelt, 16, were also injured, though their injuries were not life threatening.

Several of the people involved in the accident, including Lee, were not wearing a seat belt at the time of the crash.

My condolences go out to the family of the deceased and hopefully the people that sustained injuries will make a full recovery.

Even if a full recovery is made, the medical bills from a serious injury accident like this will likely be extraordinarily high. Under Missouri law, the bills arising from an accident must be paid by the at-fault driver's insurance. More investigation into this accident is needed to determine liability, but if Wilson, the driver of the Dodge, is found to be at fault, there might be an issue with the insurance claim. On the initial report, Wilson's insurance was listed as 'unknown', which may mean he was driving without insurance. If this is the case, the injured party may be able to make a claim on their own uninsured motorist coverage.

Sometimes a defendant may invoke the seat belt defense in cases like these to reduce the amount of damages that must be paid to the inured party. The seat belt defense is a form of comparative negligence that says the injured party could have prevented some of the injury had they been wearing a seat belt. Some states allow for this defense while others explicitly restrict it. Anybody that is interested in learning more should contact a personal injury attorney to learn their legal rights.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents , Missouri Personal Injury Lawyer News , Missouri Van Accidents , Personal Injury News , Wrongful Death Lawsuits

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Nichole Royer, 21, was injured during Monday’s rush hour when her car was hit by another driver who then fled the scene, according to the Missouri State Highway Patrol.

The Missouri hit-and-run accident occurred on I-70 near Mid Rivers Mall Drive. Royer had stopped her 1989 Buick Park Avenue for traffic which had built up during the afternoon rush. An unidentified driver, who presumably was not paying attention to the traffic, slammed his vehicle into the rear of Royer’s. The impact sent Royer’s car forward into a third vehicle which sustained moderate damage.

The driver that caused the wreck fled the scene and no description of the driver or the vehicle was given by the Highway Patrol. If you have any information that may help locate this driver, please call the patrol’s Troop C headquarters at (636) 300-2800.

Royer was taken to St. Joeseph’s Hospital for treatment. Fortunately, despite the fact that her car was totaled and rear impact collisions have been known to cause serious injury, Royer suffered only non-life threatening injuries.

The driver of the third vehicle was uninjured.

Leaving the scene of an accident is a serious offense and hopefully the driver will be found and face criminal charges for this cowardly act. Even if the driver is not found, Royer can obtain civil relief by contacting a St. Louis area personal injury attorney who can assist her in preparing a claim against her own insurance company’s uninsured motorist policy.

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Posted In: Choosing a Personal Injury Lawyer , Hit and Run Injuries , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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Andrew Crowe, 3, and Dylan Crowe, 7, were injured in a Missouri car accident on County Road 355 in Thayer, Missouri.

The children were riding with Elaine Crowe, 26, who was driving a 2006 Mitsubishi Endeavor southbound when the accident happened. A second vehicle, a 1995 Chevy Monte Carlo driven by Cheryl Stutts, 27, pulled out in the path of Crowe's car. She was unable to stop and slammed into the side of Stutts' car.

Both children were injured and received treatment at local hospitals. Andrew's injuries were the most severe and he was airlifted to the hospital with life-threatening injury. Neither of the the drivers were listed as injured on the crash report.

While the initial crash report seems to indicate that Stutts pulled out in front of Crowe suddenly, which caused the accident, more investigation is needed to truly confirm liability. Should this accident turn into a personal injury case, for instance, the initial crash report would be considered the opinion of the investigating officer and not be treated as admissible evidence. An accident reconstruction would have to back up the initial claims.

The report did say that Stutts was driving without insurance. Typically when an accident occurs, the at-fault driver's insurance will pay the medical bills of the injured party. In cases where the at-fault driver is uninsured, however, the injured party can make a claim against their own insurance plan's uninsured motorist coverage. Contact a Missouri car accident attorney if you have been involved in a wreck and would like to learn more about this process or discuss other details relating to your accident.

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

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Three people were killed Wednesday morning in a Missouri railroad crossing accident in Trenton when the car they were riding in was hit by a freight train.

The three people killed in this accident were Nancy Groves, 24, Adam Romesburg, 30, and Nina Spencer, 28. All three were riding together in a 2001 Plymouth Neon that attempted to cross the railroad tracks on First Street.

According to reports filed by the Missouri State Highway Patrol and local media, the car was crossing the tracks at an uncontrolled crossing, which means there is no automatic arm or lights to warn motorists. They crossed into the path of the train which engaged its brakes, but was unable to stop before hitting the car. The train finally came to a stop a couple thousand feet down the tracks.

This news comes on the heels of another fatal Missouri train crossing accident last week. In both cases, the crossings did not have automatic arms to block motorists from the tracks when a train approaches.

In the wake of the Trenton crash, many residents are sending condolences, but some are expressing concern that the crossing was a known danger due to the fact that there are no lights to warn motorists and snowfall could obstruct the signs and tracks themselves.

Transportation officials and locomotive companies have as much a responsibility for preventing accidents as the drivers themselves. Accidents should be investigated by authorities and Missouri railroad crossing accident lawyers to see if they were caused by driver negligence or an existing dangerous situation at the crossing itself.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Missouri Train Accidents , Personal Injury News , Wrongful Death Lawsuits

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Jennifer Liles, 23, Michael Omara, 37, and Michael Poch, 27, were all hospitalized after a Missouri car accident on Route CC.

According to the Missouri State Highway Patrol, Omara and Liles were traveling westbound in a 1995 Chevy Suburban. Omara, who was driving, attempted to pass a slower moving vehicle by passing into the eastbound lane. In making the pass, he pulled into the path of Poch's 1986 Ford Mustang and the two vehicles collided head on.

Poch sustained the most serious injuries and was rushed to Ozark Medical Center. Omara and Liles also sought treatment at a local hospitals, though their injuries were not as serious.

Both drivers were tested for alcohol.

We seem to be having a string of these types of injury accidents in Missouri where a car attempting to pass causes an accident. This is a legal maneuver on most rural roads in the state, but it is also a dangerous maneuver. As the passing driver, you must be absolutely sure the oncoming traffic lane is clear, otherwise you could can cause a serious accident like the one here in West Plains. Hopefully all involved can make a full recovery.

Even if the injured parties make a recovery, their medical bills will need to be paid. Generally, the at fault driver's insurance will pay for the injured party's bills that result from the accident, but sometimes it gets more complicated than that. An insurance company may try to find a way out of paying the claim or the amount of insurance may not cover the high cost of emergency medical care. If a driver would like assistance in filing a claim and dealing with these potential problems, he or she can contact a Missouri car accident injury attorney.

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

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The writing has been on the wall for some time and it now seems more likely than ever that Missouri will see some sort of comprehensive texting while driving ban to prevent Missouri car accidents.

At least three bills will be filed and up for debate in the early 2010 legislative sessions. Some media reports suggest that up to five or more bills will be filed before all is said and done.

The high number of bills tackling the subject speaks to the complicated nature of trying to regulate this fairly new technological distraction. It's easy to say that texting while driving is dangerous and should not be allowed, but the details of such a ban will be the main point of debate. For instance, should drivers only be banned from typing texts, but be allowed to read them? Will the ban be for all roads or just highways? What about devices like the iPhone, which are capable of sending and receiving texts as well as playing music through a car's speakers?

Currently, Missouri has a ban on sending and receiving texts for drivers under 21 while they are behind the wheel. Since that ban took effect in August, the Highway Patrol has issued eight citations, according to a KRCG report.

Whatever plan eventually comes out on top, hopefully it will do something to curb the number of Missouri car and truck crashes caused by distracted drivers. Studies show that drivers are 23 times more likely to be involved in an accident if they are attempting to text while driving. Four out of five crashes caused by driver error are the result of distracted driving.

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

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A fatal Missouri railroad accident has claimed the life of Kristy Willis, 33, and seriously injured injured her daughter, Kelsey Turner, 8.

The crash occurred at 3:35 p.m. Friday afternoon on Greenbriar Drive near Highway 60 in Seymour, Missouri. According to local media reports and the Missouri State Highway Patrol, Willis was driving a pickup truck with three children, including Turner, as passengers. The truck attempted to cross the railroad tracks when a train, initially unseen by Willis, slammed into the side of the vehicle.

Willis was killed by the crash. Turner, who was riding up front in the truck, was seriously injured and taken by helicopter to St. John's Hospital. The two other passengers, Tiffany Bowden, 15, and Carl Bowden, 16, were riding in the truck's bed and were able to leap to safety moments before the crash.

Witnesses say that Willis had gone to pick up the children from the bus stop. There are also witness reports that say the train failed to blow a whistle or sound any sort of warning horn as it approached the crossing.

While drivers need to exercise extreme caution when approaching a railroad crossing, the burden of safety does not fall squarely on their shoulders. The tracks and crossing should be be free of obstructions so drivers can clearly see if it is safe to cross. Not every crossing has automatic warning bells, so conductors should also sound the onboard horn to warn motorists. This appears to be something that didn't occur in the Seymour crash. If any negligence on the part of the locomotive company is suspected, the incident should be investigated by a Missouri train accident attorney to help ensure that similar accidents don't take place in the future.

Posted by Ryan Bradley | Permalink | Email This Post

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

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Clarisa Pardee, 38, was seriously injured Tuesday afternoon in a multi-car Missouri injury accident on Mo. 83.

The crash involved three vehicles and occurred at the intersection of Mo. 83 and Christina Street in Benton County, Missouri. Pardee had stopped her 1983 Ford Fairmont to make a left turn when Robert Clymer, 66, crashed his 2002 Ford F250 into the back of her car. The force of the impact sent Pardee’s car across the center line, where it was struck a second time by a 2002 Jeep Wrangler, driven by Jeanette Boulet, 44.

Pardee was flown to University Hospital in Columbia for life threatening injuries. According to the crash report, neither Clymer nor Boulet sustained serious injury.

All involved in the accident were wearing seatbelts.

No indication was given as to why Clymer would have rear-ended Pardee’s vehicle. There may be extenuating circumstances, but in many cases like this, one driver is just being inattentive. Negligence is often assumed in rear-end collision cases. If Clymer was at fault, his insurance will be obligated to pay for Pardee’s medical bills. If Pardee chooses, she can contact a Missouri car accident attorney to assist her with the claim and make sure the payment she receives is enough to cover the extensive medical bills from the accident.

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

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