Posted On: January 30, 2010

Rear end collision injures two near Cape Girardeau

Melissa Spain, 41, and Gayle Cantrell, 56, were both injured Saturday afternoon in a Missouri rear impact crash on Highway 25, according to the Missouri State Highway Patrol.

The initial crash report describes the accident as a rear end collision. Cantrell had slowed her 1995 Dodge to make a left turn when she was struck in the rear by Spain's 1995 Plymouth. The impact of the crash caused both vehicle so spin off the roadway.

Both Spain and Cantrell were taken by ambulance to St. Francis Medical Center for treatment.

Spain was not wearing a seat belt at the time of the wreck, according to the crash report.

It is unclear what exactly caused Spain to hit Cantrell's vehicle and cause this Missouri car accident. It could have been weather related or Spain simply could have been inattentive. A more thorough report of the crash will be needed to fill in the details.

In most rear end collision cases, though, the rear end collision doctrine applies which means negligence is assumed on the part of the at fault driver. This is based on the reasoning that all drivers should be in control of where there vehicles are heading at all times and leave enough space between them and the vehicle ahead of them. A Missouri personal injury lawyer would need only prove that the doctrine applies to any specific rear end collision case and that no other extenuating circumstances helped cause the accident.

Posted On: January 28, 2010

St. Francois County accident injures three

Three people were hospitalized with serious injuries after a Missouri car crash Wednesday morning on Highway 221.

According to the Missouri State Highway Patrol, the accident occurred around 11 a.m. near the intersection of Highway 221 and Henson Road. Anthony Hedrick, 34, was traveling northbound in a 2004 Ford F-150 when he lost control of his vehicle. Hedrick's truck began to travel off the right side of the roadway and, in an attempt to regain control, Hedrick over-corrected and sent his truck screeching back across the roadway. Gracie Haus, 33, who was driving a 1992 Jeep Cherokee southbound on Highway 221, was unable to avoid a collision with Hedrick's truck.

Both Hedrick and Haus were seriously injured and flown to local hospitals for emergency treatment. Patricia Helms, 36, a passenger in Haus' Jeep, was also seriously injured and flown to a local hospital.

Helms was the only passenger wearing a seat belt in this serious Missouri injury accident.

The initial crash report does not say what caused Hedrick to lose control of his truck in the first place. If negligence on the part of either driver helped cause this accident, a Missouri car accident attorney may be called in to help the injured party recover damages to pay for medical bills and other expenses.

Posted On: January 26, 2010

Toyota halts production after recall announcement

wheel.jpg

Toyota Motor Sales USA has announced they are suspending the sale and production of eight models. The announcement comes after a recall of more than two million vehicles which could have a dangerous product defect causing the accelerator to stick.

According a CNN report, Toyota is still not sure how to fix the problem. In initial statements issued after a fatal car accident in California, the company blamed the rapid acceleration problem on oversized floor mats. Since that incident, however, concern has grown that an underlying mechanical problem may also cause the pedal to stick and force the car to accelerate uncontrollably.

Spokesmen for the company quoted in the CNN report say that the problem seems to be rare and may be caused by a gradual wearing of the pedal mechanism.

While no solution has presented itself, the company is trying to let its customers know it is serious about addressing the problem and keeping drivers safe.

Affected models are late-model versions of the RAV4, Corolla, Matrix, Avalon, Highlander, Tundra, Sequoia and some Camrys.

If you drive one of these models and have specific questions, please contact your dealer.

If you believe you or a family member have been injured by a dangerous product defect and would like to learn more about your legal rights, contact an experienced personal injury lawyer and arrange a consultation.

Posted On: January 24, 2010

Department of Transportation warns against distracted driving using new website

The U.S. Department of Transportation is trying to educate drivers about the dangers of distracted driving using a new website, www.distraction.gov.

The site has an extensive list of statistics and facts about distracted driving and the serious car accidents they lead to. Talking on the cell phone and sending text messages are two distractions that have been featured prominently in the news, but the site warns against other activities that take your eyes off the road such as eating or applying makeup.

As the laws around these distractions continue to evolve, the site will update visitors on local regulations.

Recently, the Department of Transportation banned texting by all commercial truck and bus drivers as a way of cutting down on tractor trailer crashes.

According to the Department of Transportation, 80 percent of all automotive crashes are caused by distracted drivers and almost 6,000 people died in 2008 as a result of inattentive drivers.

Educating drivers on the dangers of distracted driving is one step toward limiting these incidents, but some people will undoubtedly continue to participate in these behaviors. Negligent drivers need to be held accountable. If you have been involved in a serious car accident and would like to learn your legal rights, consult a Missouri car accident lawyer as soon as possible.

Posted On: January 22, 2010

Chrysler to issue recall to address brake failure


Right on the heels of another large Toyota recall, Chrysler has issued a recall of their own involving more than 24,000 Chrysler, Dodge and Jeep vehicles over brake failure concerns.

A potentially dangerous product defect has been discovered by the company in which some vehicles could have faulty brake booster rod retaining clips or, in the case of the Ram pickup truck, the vehicle may not have the part installed at all. The clip is important for normal function of the brakes and the defect could cause brake failure and a serious car or truck accident.

The recall applies to some late model Sebrings, Avengers, Dodge Nitros, Jeep Liberty, Jeep Commander, Grand Cherokee and Ram pickups. Not every vehicle in each line is subject to the recall so if you own one of these vehicles, contact Chrysler or the NHTSA to see if it is involved in the recall.

According to a statement made to the NHTSA, the problems were discovered by company workers and the recall is not in response to any crashes or injuries caused by a mechanical defect.

Reports say that factory workers doing safety tests discovered that some of the vehicles with the defect had the potential to lose all braking power.

Posted On: January 20, 2010

Toyota issues another recall

Toyota Motor Corporation has issued a recall for approximately 2.3 million vehicles sold in the U.S. due to the potential danger of sticking accelerator pedals causing serious car accidents.

Toyota has already issued a recall last year for vehicles that may have a defect which caused floor mats to jam the accelerator pedals causing the car to accelerate uncontrollably. This is also the fourth major recall by Toyota in the past two years.

The most recent recall is in response to a potentially dangerous mechanical defect that may cause the accelerator pedal to stick when pressed down. When Toyota issued the recall last year, it claimed that the rapid acceleration problems were caused only by mismatched floor mats, despite concerns that additional mechanical problems existed. This latest recall seems to confirm some of those concerns.

Vehicles involved in the recall include the 2010 Highlander, 2009-2010 RAV4, 2008-2010 Sequoia, 2009-2010 Corolla, 2005-2010 Avalon, 2007-2010 Camry, 2009-2010 Matrix and 2007-2010 Tundra.

Toyota will continue to investigate potential problems relating to the accelerator. It is unclear if this latest recall was spurred on by any recent car accident injuries or if the recall is just based on concerns arising from in-house product testing.

If you have any questions regarding your vehicle, contact your local dealer for more details.

Posted On: January 18, 2010

Woman injured in Lincoln County crash

Liberty White, 29, was injured in a Missouri car accident when her vehicle crashed into another on Highway 47 on Monday morning.

According to the Missouri State Highway Patrol, White was driving a 1993 GMC Jimmy northbound at the time of the injury accident. A 1999 Ford Expedition, driven by Marilyn Smith, 66, was backing out of a private driveway onto the highway. According to the initial crash report, Smith failed to yield to White and pulled in front of her SUV. White was unable to avoid the collision.

White was taken to Lincoln County Medical center for treatment. Smith was not listed as injured in the report.

If Smith was at-fault for the accident, her liability insurance will pay for the damages sustained by White. While the initial crash report says Smith failed to yield, this is just the opinion of the investigating officer and will need to be corroborated by further investigation should liability be disputed. If you have been involved in a similar accident and have some questions about how to handle your case, contact a Missouri car accident attorney as soon as possible.

Posted On: January 16, 2010

Head on collision kills Missouri woman

Brandy Phillips, 21, was killed Saturday afternoon in a Missouri car accident after another car crashed head-on into hers.

This tragic crash occurred on Route WW in Boone County around 1 p.m., according to the Missouri State Highway Patrol. Phillips was driving her 1991 Ford Festiva eastbound at the time of the accident. An oncoming vehicle, a 1995 Geo Prizm driven by Byron Young, 38, crossed the center line and crashed head-on into Phillips' car.

Phillips was pronounced dead after being taken to University Hospital. Young was also taken to University Hospital, though his injuries were listed as moderate.

Young was driving without insurance, according to the initial crash report. The report did not go into detail about any citations or what may have caused Young to cross the center line into oncoming traffic.

Typically, the liability insurance of the at-fault driver will be used to pay money to the injured party, but in cases where the driver is uninsured or under-insured it may be a little more complicated. In these cases, the injured party will need to make a claim against their own insurance policy's uninsured motorist coverage. This coverage is required by law. If you have any questions about your rights after a crash, contact an experienced Missouri car accident attorney. Many offer free consultations where you can discuss your case.

Posted On: January 14, 2010

Missouri Supreme Court hears arguments on medical malpractice case today

Arguments on a case that could have big ramifications for medical malpractice laws in the state of Missouri were heard today by the Missouri Supreme Court. At the heart of the issue is the question of whether the state's $350,000 non-economic damage cap is fair to consumers and whether the cap can be applied retroactively to injuries sustained before a limit was in place.

As we reported earlier, the case was initially filed by James and Mary Klotz of Arnold, Missouri. James Klotz won a medical malpractice lawsuit after massive complications arose from an operation to insert a pacemaker. While the jury awarded Klotz $1 million, the non-economic damages were reduced to just $350,000. While the actual lawsuit was filed after the 2005 cap was put in place, the personal injuries were sustained in an operation that occurred in 2004.

Those opposed to the damage caps, including consumer advocates and Missouri medical malpractice lawyers, say that the caps are unfair and unconstitutional. They could also be seen as restricting access to the court system, especially for people earning lower to moderate incomes. If non-economic damage awards are reduced arbitrarily to $350,000, it makes it financially unfeasible to take a case to court, a process which could cost tens of thousands of dollars in itself.

It also seems particularly unfair to limit the award given to the James Klotz since his injuries were sustained prior to the cap being in place. According to the St. Louis Post Dispatch, the argument was made before the Supreme Court that limiting the Klotz award was similar to placing a limit on damages for accident victims the day after a bridge collapse. The defense argued that lawsuits arising from that hypthetical situation were different than the actual medical malpractice case before the court.

We will be sure to follow up on this story as it develops.

Posted On: January 11, 2010

Five people hospitalized after I-29 crash

Five people were injured Sunday afternoon in a two vehicle Missouri car accident on I-29.

According to the initial report filed by the Missouri State Highway Patrol, the crash occurred just before 4 p.m. as Eric Martin, 21, was traveling northbound in a 2000 Pontiac Grand Am. He was traveling faster than the 1996 Chevrolet Blazer in front of him and struck the Blazer in the rear. The force of the impact caused the SUV to travel off the side of the road, overturn, hit a guardrail and come to a rest on its side.

Martin and two passengers in his car, Jeffrey Book, 21, and John Rockwell, 21, were taken to Heartland Regional Health Center for treatment. The driver of the Blazer, Hassan Mwanabaji, 28, and his passenger, Paul Dujinja, 51, were also taken to Heartland Regional for treatment.

Everyone injured in this Missouri car wreck was wearing a seat belt.

The rear-end doctrine typically applies to rear-end collision accident cases. This states that negligence is assumed on the part of the at-fault driver. A Missouri car accident attorney would need only to prove that the doctrine is applicable in a particular case.

Posted On: January 9, 2010

Andrew County, Missouri crash injures three


Three people were hospitalized, one with serious injuries, after a Missouri car crash on Highway 71 at Route B on Saturday evening.

Emily Howell, 21, was driving a 1996 Honda Accord northbound on Highway 71 when the crash occurred. According to the Missouri State Highway Patrol, Brent Furst, 20, was heading westbound on Route B in the direction of Highway 71 and Howell's car. The reached the intersection at the same time and Howell's car crashed into the driver's side of Furst's 2003 Pontiac Grand Am. After the impact, both cars slid off the roadway into the median.

Furst was seriously injured and flown to Heartland Regional Health Center for emergency treatment. Howell and a passenger in her car, Kelsey Sanders, 20, were also injured and sought treatment at Heartland Regional.

All passengers were wearing seat belts and the initial crash report didn't mention any citations for this crash.

With the details initially available, it's hard to determine which driver is at-fault for this Missouri injury accident. More information needs to be gathered like the speed of the two vehicles and whether the intersection was controlled or not. Once this information is determined, the injured party may want to contact a Missouri car accident lawyer to discuss their rights and ensure that they receive compensation for their injuries. Many personal injury attorneys offer free consultationsto discuss your case.

Posted On: January 7, 2010

Missouri woman killed in accident at car wash

Rosland Watson, 40, was killed and another woman was seriously injured Thursday in a Missouri car accident at a car wash in the city of Grandview.

According to a KSHB-TV report, the two women were were sitting on a bench waiting for their cars to be cleaned, when an out-of-control SUV struck them upon leaving the washing area. The SUV was being driven by its owner away from the washing area when it accelerated rapidly and jumped the curb.

Watson was pronounced dead at the scene. The second woman, whose name has not been released, was rushed to the hospital with serious injuries to her leg.

The name of the driver has also not been released, but reports are that he is cooperating fully with authorities as they try to determine whether this fatal car accident was the result of driver error or some sort of mechanical malfunction.

We have previously reported on rapid acceleration issues with Toyota and Lexus vehicles. Toyota has issued a series of recalls and statements after a few incidents and tests. One tragic case of rapid acceleration killed four people in San Diego last summer.

Authorities will no doubt be investigating the possibility that this latest Missouri car accident is the result of rapid acceleration caused by faulty manufacturing.

Posted On: January 5, 2010

Car and tractor collide causing serious injury

Three people were injured, including an infant, when a car collided with a farm tractor on a narrow bridge in Clark County, Missouri.

This Missouri car accident occurred Monday evening on Missouri 81. According to the initial crash report, a 1995 Ford, driven by Michelle Rigg, 20, and a 1998 Case Farm Tractor, driven by Burnell Olberholtzer, 21, attempted to cross a narrow bridge at the same time. They met in the middle and without enough room to pass each other, the two vehicles collided head-on.

Rigg was seriously injured and flown to Blessing Hospital for emergency treatment. Two other passengers in her car, Rhonda Slocum, 15, and the infant Kailey Wayson, were also injured and hospitalized, though their injuries were less serious. Olberholtzer was not injured, according to the crash report.

Only the infant was using a safety device as all others were without a seat belt.

Hopefully Rigg and the passengers in her car can make a full recovery from their personal injuries. Part of their recovery, though, will involve discussing the accident with insurance companies and trying to settle all the medical bills arising from this injury accident. The liability insurance of the at-fault driver is supposed to pay for the bills of the other driver, but liability in this incident may be hard to determine. Accident investigators will need to look at the crash to see who had the right-of-way to cross the bridge and if either driver violated any road regulations. An experienced Missouri personal injury attorney will be able to examine the case and advise accident victims on how to handle insurance companies.

Posted On: January 3, 2010

The role of accident reconstructions

The biggest question after a serious Missouri car accident is usually “Why did this happen?” Accidents can be caused by any number of factors including driver error, mechanical failure or weather conditions, to name just a few, and are often a mix of numerous causes. It’s important to learn the cause of accidents for a couple reasons. First, if we understand the cause, we can prevent the accident in the future. This is often the case when a mechanical failure causes a crash. The other reason is to determine legal liability. Accident reconstructions are used to help determine the cause.

An accident reconstructionist will use physical evidence and photographs of the crash site to map out the exact sequence of events that lead to a crash. Tire skid marks and debris patterns can, with an extensive knowledge of physics, tell investigators the exact path and speed of vehicles involved in a crash. Reconstructionists can also use this information to determine if any driving violations occurred or if the vehicles could have avoided the crash.

Forensic pathologists investigate the passengers and their vehicles to determine what exactly caused the injury. They will be able to tell if internal components of the vehicle contributed to the injuries sustained. It is here where we can learn of a dangerous defect in vehicle manufacturing that can be corrected to save others from a similar accident.

One way to prevent accidents is to use the civil courts system to hold people accountable for their negligent actions. Experienced personal injury attorneys can use the information gathered by accident reconstructionists to prove liability and recover damages for the injured party.