Missouri Accident Lawyer Blog

Two people were injured, one seriously, in a two-car Missouri car accident in Jefferson County Saturday morning.

According to the Missouri State Highway Patrol, the accident occurred on southbound Highway 67 near Meyer Road. Sandra Doty, 38, was heading southbound on the highway in a 2004 Kia Sedona. Approaching the highway heading eastbound was a 1998 Ford Escort, driven by Holly Mann, 23. Mann attempted to pull into the highway and it doing so crossed into the path of Doty's vehicle. Doty was unable to avoid a collision and slammed into the driver's side of the Escort, totaling both cars.

Mann was seriously injured by this Missouri car crash and taken to St. Louis University Hospital for treatment. A passenger in her car, Jeremy Racette, 24, was also injured and taken to a local hospital. Doty was not listed as injured on the initial accident report.

Side impact collisions can cause devastating injuries to the passengers of cars, even when compared to head-on collisions. This is because while numerous safety technologies like air bags and crumple zones are designed to protect riders in front end crashes, there's just not a lot to protect passengers from the side. Hopefully the injured parties will be able to make a full recovery.

The initial crash report does not indicate who had the right of way or if one driver in this accident was driving negligently.

After a car accident, insurance companies will quickly try and contact those involved and settle claims as cheaply as possible. To make sure you understand your rights before you lose money that may be needed for a recovery, consult a Missouri car accident lawyer as soon as possible.

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Posted In: Missouri Car Accidents , Personal Injury News

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Members of the United States Congress held two days worth of hearings this week that including a question session for the head of Toyota, Akio Toyoda.

The Federal Government has gotten involved in investigating the vehicle manufacturer after thousands of reports of potentially dangerous vehicle defects leading to instances where Toyota vehicles have accelerated uncontrollably. As many as 39 deaths have been reportedly linked to the acceleration problem.

In the question session, Toyoda was apologetic and sorry for any accident that Toyota owners have had. He even admitted that some problems may have arisen because of the company's extraordinarily rapid growth over the last decade.

Toyota is Japan's largest company and also the world's largest automaker.

Toyoda refuted the claim that electronic system errors in Toyota vehicles were to blame for any of the fatal car accidents. When reports of the sudden acceleration problem first became national news, the company blamed misplaced floor mats that caught on the accelerator. As the months wore on and reports from all over the country began to stream in, the automaker expanded its recalls and admitted that part of the accelerator mechanism itself was the problem. Now, as the company has recalled nearly 10 million vehicles, concerns are arising that the computer systems that help control cruise control and other vital operations are faulty.

Hopefully investigators can get to the cause of all these incidents before we have more serious crashes. Toyota also needs to be held accountable if they knew about potential problems and didn't act to fix them before people were hurt or killed. When a company negligently sells a dangerous product, it falls under the area of product liability law. If you believe that you have been injured by a dangerous product defect, you should consult a personal injury attorney as soon as possible.

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Posted In: Personal Injury News , Product Liability Cases

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More specifics about Sunday evening's deadly St. Louis area plane crash are beginning to emerge, including the names of the victims.

Authorities have tentatively identified the victims as former head of the Missouri Division of Commerce and Industrial Development, Donald Estell, 65, and Robert Clarkson, 68. The identifications are being labeled as tentative because they are based on circumstantial evidence until genetic testing can confirm them definitively.

Estell, an experienced pilot, was flying the plane according to the flight records. Records also show that the flight left Vero Beach, Fla. an hour later than scheduled.

According to an Associated Press report, officials say they plane encountered a light rain just before they were supposed to land in the St. Louis area, but that the weather shouldn't have been a serious factor for an experienced pilot like Estell.

Officials from the FAA and NTSB will continue to investigate the cause of the crash, though a full report on the fatal crash might take months.

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Posted In: Missouri Airplane Crashes , Personal Injury News

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Photo by St. Louis Post Dispatch

A small private airplane that was bound for St. Louis Downtown Airport crashed Sunday evening into a Belleville home several miles short of the runway. Two people were believed to have been on board the plane. There were no survivors, according to authorities.

According to the St. Louis Post Dispatch report on this St. Louis area plane crash, the plane had left from Vero Beach, Fla. and was scheduled to land at St. Louis Downtown Airport around 6:30 p.m. The plane was a single-engine Piper Meridian based at Downtown Airport and registered to a Clayton company, according to the Post Dispatch.

The plane began to dive and witness reports state that the plane was making whining noises as it dove towards the home of John and Mary Elliott in the Aero Estates development. Thankfully, nobody was home at the time of the crash.

The plane crashed into a hanger attached to the home that housed two planes and an antique car. Flames quickly spread from the hangar to the house, which was completely destroyed.

Names of the victims have not yet been released.

Authorities are still investigating the cause of the crash. It was raining and foggy at the time, though no indication has been made that weather contributed to the fatal plane crash.

In 2007, there was a Missouri plane crash also involving a Piper Meridian. In that incident, the wings separated from the body of the plane in mid-air causing the plane to crash. The Piper Meridian has also been the target of concerns over the nose landing gear which reportedly caused several planes to turn hard uncontrollably upon landing.

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Posted In: Missouri Airplane Crashes , Personal Injury News

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Marsha Moore, 60, was hospitalized Wednesday after her car was involved in a rear-end collision on Missouri Highway 100 in Franklin County.

According to the Missouri State Highway Patrol, Moore was traveling eastbound on Missouri 100 in a 1998 Kia Sportage and had stopped for traffic. A 2005 Ford Explorer, driven by Bessie Jackson, 72, approached behind Moore's car. Jackson failed to notice Moore's vehicle and slid into the back of the Sportage.

Moore was taken to Missouri Baptist Hospital for emergency treatment. Jackson was not listed as injured on the initial crash report.

Negligence is assumed on the part of the at-fault driver in most rear-end collision cases. Drivers should always be conscious of where their vehicle is going at all times and give themselves plenty of clearance should any vehicles in front suddenly stop.

If you have been involved in a Missouri car accident and need legal counsel on your case, contact a Missouri car accident lawyer for a consultation. In many cases, a consultation will be absolutely free.

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It seems that as each week goes by, another complaint is lodged with Toyota and another round of recalls is issued for a potentially dangerous design defect. The total number of vehicles affected by recalls has risen to 8.5 million. To put that in perspective, Toyota sells about 2.3 million vehicles in the U.S. every year. It appears news for the auto manufacturer is not getting much better as the U.S. government has asked the company to hand over recall documents at the same time as a flood of new complaints rolls in.

The Transportation Department has demanded that Toyota turn over documents relating to the recalls that would demonstrate when the company found out about the potential dangers. Officials are looking to see if the company delayed publicizing the news after learning about the potential flaws and dangerous mechanical failures. If the company knew about problems and failed to warn drivers causing more fatal car accidents, the company could face serious consequences.

Toyota's response to the Federal Government's demands must be received in 30 to 60 days or the company could face fines. The Transportation Department is already considering fining Toyota for its handling of the situation.

As the government continues to put pressure on Toyota, more and more complaints stream in from average citizens. According to some reports, the National Highway Traffic Safety Administration has received word of up to 34 fatalities in the past decade connected to rapid acceleration issues. Nearly a thousand new incident reports have come in since the recalls went public and officials expect the numbers to rise. It should be stressed that these reports have not been verified or investigated, but if they are accurate, they will be evidence that Toyota's problems are much larger than first suspected when the first recalls were issued last year.

As if all that wasn't enough, the company has just announced it will be looking into a new reported problem: defective power steering in their Corolla models.

Posted by Ryan Bradley | Permalink | Email This Post

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

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Area residents have called for safety improvements on Highway DD in St. Charles County in the past. Before Sunday, there had been five deaths on the rural roadway in the last five years. Tragically, after Sunday that number was raised to six.

Daniel Windler, 61, was killed Sunday evening while walking along Highway DD after his own car had slid off the road. According to the St. Louis Post Dispatch, he called for a tow truck and was walking back to where his car was stuck when a 17-year-old girl also lost control of her car on the icy road and slid into him.

Windler was pronounced dead at the scene. The girl was uninjured and will not be charged for this fatal Missouri car accident.

According to the Post Dispatch, Windler was among the residents who were calling for improvements to the road. Highway DD is extremely windy and hilly with no shoulder or guardrails in many places. It has made lists of the most dangerous roads in the state and we have even commented about it here on the blog.

The Missouri Department of Transportation already has plans to do safety upgrades on the road to prevent car and truck crashes, but residents have been spreading a petition to get MoDOT to fast track these improvements. According to the Post Dispatch, Windler had recently signed the petition.

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

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Three people were injured, one seriously, in a two-car Missouri injury accident Friday morning on Highway 24 in Randolph County.

According to the Missouri State Highway Patrol, Jimmy Westenkuehler, 66, was traveling westbound in a 2002 Jeep when he began to lose traction on the snow covered roadway. He slid out of control into the eastbound lanes. Brooke Wekenborg, 30, was driving her 2005 Chevrolet eastbound at the time and was unable to avoid a collision. After impact, both vehicles slowed to an uncontrolled stop on the highway.

Wekenborg was seriously injured and taken to Moberly Regional Medical Center. Westenkuehler was also taken to Moberly Regional with what was described as moderate injuries. A passenger and friend of Wekenborg, Cherri Porter, 49, was also injured.

In most Missouri car accident cases, the at-fault driver's insurance pays for damages caused to the injured party. The fact that the roads were snow covered and slick generally doesn't affect liability. If you can't control your vehicle due to road conditions, you shouldn't be out driving. Every driver is responsible for their own vehicle at all times.

Some cases, though, are more complicated than they first appear and insurance companies will often look for ways to reduce their payments. If you have any questions about an accident case, contact a Missouri personal injury lawyer as soon as possible.

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Christopher Hausermann, 35, was injured and hospitalized after a three-car Missouri wreck in St. Louis County Wednesday evening.

According to the Missouri State Highway Patrol, Hausermann was driving his 2003 Ford F150 southbound on I-270 at the time of the crash. He was in a line of cars with Linda Ferber, 59, who was driving a 1999 Nissan Altima; and Brandon Smith, 24, who was driving a 2004 Nissan Maxima. Smith tried to pass the other two vehicles on the right, but lost control of his car. In an attempt to regain control, Smith overcorrected and slammed into the median in front of Hausermann. Hausermann attempted to avoid a collision with Smith’s vehicle and, in doing so, collided with Ferber’s Altima. The impact of Smith’s car into the median also propelled it back into the roadway where it hit Ferber’s car.

Hausermann was taken to St. John’s Medical Center for treatment. Fortunately, despite the multiple collisions and high speeds, Hausermann’s injuries were not considered life-threatening and neither Smith nor Ferber sustained serious injury.

The report did not say what caused Smith to lose control of his car while passing the other vehicles. Perhaps this Missouri injury accident was caused by driver error and could have been prevented.

In accidents like this one, where there are multiple collisions, determining liability can be complicated. It is advisable that anyone injured in an accident consult a St. Louis car accident attorney to discuss their rights before making a comment to the insurance companies.

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Posted In: Missouri Car Accidents , Personal Injury News

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Three people were hospitalized Saturday in a two-car Missouri injury accident on Highway 94 in St. Charles County.

According to the Missouri State Highway Patrol, the accident occurred when Jason Gamarin, 32, failed to yield to another vehicle at the intersection of Highway 94 and South Breeze Lane. Gamarin pulled his 2002 Chevrolet S10 into the path of a 2010 BMW 328I, driven by Jacob Haman, 27. Haman was unable to avoid a collision and crashed into the side of the pickup truck.

Haman was injured and taken by ambulance to St. John's Mercy in Creve Coeur. Two passengers in his car, Jennifer Hawkins, 25, and Dylan Hawkins, 6, were also injured and taken to St. John's Mercy. Haman and Jennifer Hawkins' injuries were described as relatively minor, but Dylan Hawkins' injuries were more serious. Gamarin was not listed as injured on the initial crash report.

Typically, the at-fault driver's liability insurance would pay the injured party for any medical bills or other expenses arising from a Missouri car crash. The description of the accident in the initial report needs to be corroborated by further investigation, though, as the initial crash reports are not definitive descriptions of an accident and they alone can't prove liability.

Often, insurance companies will look for ways to lower the amount they pay out for an accident. It is advisable not to talk to the insurance representative until you have consulted a St. Louis area personal injury attorney to discuss your legal rights.

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The Illinois Supreme Court on Thursday found that a state law capping non-economic damages in medical malpractice cases was unconstitutional. The ruling will lift the cap which had previously limited pain-and-suffering damages at $500,000 or $1 million, depending on whether the case was being brought against an individual doctor or a hospital.

Illinois' ruling comes at a time when Missouri's Supreme Court is also debating whether to backtrack on a failed experiment with tort reform. Here in the Show Me State, the cap on non-economic damages in medical malpractice cases has been $350,000 since a 2005 tort reform law. All this experiment has shown us, though, is that this very low cap saves hospitals a small percentage on malpractice insurance while no savings is seen by the health care consumer. This negligible savings comes at a great cost to those who are seriously injured by medical malpractice.

Supporters of tort reform in Illinois were predictably disappointed in Thursday's decision. Some statements by tort reform advocates in the media claimed the decision was more about lawyers than patients and that tort reform is still the best way to curb health care costs.

What supporters don't realize is that tort reform isn't about protecting patients at all. It's about taking money directly out of the pocket of seriously injured people at the most challenging moment in their lives and protecting hospitals and insurance companies. Perhaps tort reform could be seen as viable option if the ends justified the means, but the ultimate goal of tort reform, cutting health care costs, is not being met. Most independent studies claim that even if the United States as a whole adopted an aggressive set of tort reform policies, the total savings would only be one or two percent on the total cost of health care. Keep in mind that this tiny savings will be financed by the pain and suffering of thousands of malpractice victims who won't receive their full reward as determined by a jury.

Hopefully Missouri follows Illinois' lead and we can go back to putting patients first.

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Posted In: Healthcare , Medical Malpractice

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Ray LaHood, the Department of Transportation Secretary, has issued a statement saying that drivers who own one of the recalled Toyota models should bring their cars back to their local Toyota dealers to have the cars fixed as soon as possible, according to a CNN report.

Some earlier reports had quoted LaHood as more sternly warning Toyota owners to stop driving the vehicles at all. LaHood later said this was a misstatement, according to the report.

Either way, the pressure on the car manufacturer has ramped up considerably over the last couple weeks over concerns that a dangerous vehicle defect in several of their models could lead to a serious car accident. Numerous reports have come in describing the accelerator pedal in some Toyota sticking and causing the cars to speed uncontrollably.

Toyota initially blamed the problem on improperly installed floor mats, but has since issued several more statements that indicate the problem may have to do with the actual pedal mechanism wearing down. Millions of cars have been listed in the recall and you should consult your dealer to see if your model is one of them.

The problem garnered national attention after a fatal car accident in California, but some are reporting that hundreds of rapid acceleration accidents have occurred with Toyota vehicles over the last decade. A report by Safety Research and Strategies Inc., which used data compiled by the National Highway Traffic Association among other agencies, says that as many as 815 crashes since 1999 may be linked to some sort of uncontrollable acceleration in a Toyota vehicle. 19 people died in those crashes and more than 300 were injured.

Toyota, or any other vehicle manufacturer for that matter, needs to be held accountable if a dangerous defect exists which could end up costing lives, especially if the defect is something the company has known about for some time. Toyota owners need to be diligent and look for signs that their accelerator pedal is sticking or returning slowly after being pressed. Contact your dealer and ask what they can do to fix your vehicle and don’t get behind the wheel if you feel unsafe at all.

If you have been injured by a vehicle defect in a Toyota or any other car, contact a personal injury attorney as soon as possible. Product liability cases need to be well documented and handled very quickly so don’t delay in having your case examined.

Posted by Ryan Bradley | Permalink | Email This Post

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

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