Missouri Accident Lawyer Blog

Two people were hospitalized Monday afternoon after a Missouri motorcycle crash on Highway 112 near Cassville.

According to the Missouri State Highway Patrol, the accident occurred as Arthur Brophy, 38, and Melissa Brophy, 30, were riding their 1996 Honda motorcycle northbound on the highway. A 2001 Pontiac Sunfire, driven by Shawanna Hains, 25, was approaching the motorcycle in the southbound lanes. Hains attempted to make a left turn and pulled directly into the path of the motorcycle. Brophy was unable to avoid a collision and crashed into the side of the car.

Both Arthur and Melissa Brophy were taken to St. John's Hospital for treatment. Hains was uninjured in the crash.

Motorcycle accidents are often caused by other drivers not realizing a motorcycle is present and then turning or merging into them. Most drivers only quickly glance to look for other cars and don't notice the smaller motorcycle that might riding next to them or approaching them. Every driver needs to make sure that they share the road with motorcycle riders.

Hopefully the Brophys can make a full recovery from this motorcycle injury accident. Fortunately, they were wearing their helmets at the time of the crash.

While the description of the accident gives some details, we don't know exactly who is at fault for this accident. Why didn't Hains see the oncoming motorcycle in the middle of the day? Was Arthur Brophy driving at an excessive speed? Did Hains make her left turn without signaling? All these questions need to be answered by further investigation.

Laccey Umfleet, 41, was seriously injured Saturday morning after his truck collided with a John Deere tractor in Cape Girardeau County.

This Missouri injury accident occurred at 9:45 a.m. on Missouri 25 near Dutchtown. Umfleet was driving a 2007 Chevy pickup southbound on Missouri 25 when he came upon a John Deere tractor, driven by Joshua Veussink, 23. Umfleet began to pass the tractor, when Veussink attempted to make a left turn. The tractor clipped the side of the pickup and sent it veering off the roadway. Umfleet's truck went off the right side of the road and overturned.

Umfleet was seriously injured and taken to St. Francis Medical Center for emergency treatment. Veussink did not sustain any serious injury.

Umfleet was not wearing a seat belt.

Typically, in Missouri traffic accidents, the at-fault driver's liability insurance will pay for damages sustained by the injured party. Not every accident is so clear cut. The initial crash report in this crash will need to be corroborated by further evidence to fill in the missing details like the speed of Umfleet's truck and whether Veussink made a negligent maneuver in making his left turn.

If you are ever involved in an injury accident and want legal guidance, contact a Missouri personal injury attorney as soon as possible. Many will offer a free consultation in which you can discuss your case without any obligation to hire. Our Cape Girardeau, Mo personal injury lawyers are ready to help.

Being in a serious car accident is stressful enough under normal conditions. You are worried about your health and the safety of those riding with you. Then your thoughts wander to how you are going to pay for the damages and what you need to tell the insurance company. Generally, you call the police to have a report written up and then the at-fault driver's liability insurance will take care of many of the expenses arising for the injured party. But what happens when the at-fault driver doesn't stay at the scene? It can be a helpless feeling to be left injured on the side of the road while the other person illegally drives away.

Your first priority should be to ensure your safety and the safety of those riding with you. Get out of the roadway if you can and make sure that emergency responders are notified.

If there are witnesses, make sure to get their information and see if they can give the police a statement. It is incredibly helpful to have additional people corroborate your account of the crash.

Be sure to write down everything you know about the car that hit you. If you got the license number, that's great, but any information is helpful. Knowing the make, model and color can all help track down the person that hit you. Don't rely on your memory at this stressful time. Be sure to write everything down.

Even if authorities never find the at-fault driver, you can file a claim with your own insurance company's uninsured motorist coverage. By law, your plan must include this coverage that protects you should you be involved in a Missouri car crash with a driver that doesn't have insurance or attempts to flee the scene of the wreck.

Unfortunately, insurance companies may still try and not pay the claim even if you followed all the steps above. If this happens to you, contact a Missouri car accident lawyer as soon as possible and he will be able to help you preserve your rights as an accident victim.

Three people were injured in a Tuesday evening Missouri car accident on Highway 21 in Jefferson County, according to the Missouri Highway Patrol.

The accident occurred around 6:15 when Joey Holmes, 47, slowed his northbound 1999 Jeep Grand Cherokee to turn into a private driveway. Behind Holmes was Darrell Hasty, 26, who was driving a 2008 Chevrolet Aveo northbound on Highway 21 as well. Hasty failed to see Holmes' Jeep slowing down and was unable to avoid smashing into the back of the Jeep.

Holmes was injured and taken to Jefferson Regional Medical Center for treatment. Hasty and a passenger in his car, Hayden Hasty, 2, were also injured and taken to Jefferson Regional.

The initial crash report did not give a reason why Hasty failed to see Holmes' Jeep slowing down.

Unless further investigation reveals extenuating circumstances in this Missouri rear-end collision injury accident, the case would probably fall under the rear impact collision doctrine which states that negligence is assumed on the part of the at-fault driver in all accidents of this type. The rationale behind this rule is that all drivers should be in control of where their vehicles are heading and leave plenty of space between themselves and the car ahead of them. That way if there is a sudden stop or turn, the rear driver will have time to avoid an accident.

While these types of cases may seem pretty straight forward, there may be complications not readily apparent, especially once insurance companies get involved. To ensure that your rights as an accident victim are upheld, it is usually a good idea to contact a St. Louis based personal injury lawyer for a consultation after any injury. Often they will provide the consultation for free with no obligation to hire.

In what was probably Winter's last gasp, a massive snow storm dropped up to a foot of snow in some places in the state causing dozens of Missouri car accidents.

Local media reports, predominately from southern Missouri, listed dozens of crashes in the area. At least 25 vehicles had to be towed just along Interstate 44 after they spun out of control into the median or roadside. The Joplin Globe reported that some emergency dispatch centers were receiving triple the amount of calls normally received on a busy night.

The storm was the mix of rain, sleet and snow that is so often a problematic mixture for drivers. Roads become wet due to the rain and freeze as the temperature lowers. The ice can appear so suddenly that drivers don't realize it's there and lose control of their vehicles. Also, after a couple weeks of milder weather, drivers might have been overconfident and convinced the roads wouldn't freeze again.

Overconfidence in bad weather is often a problem for drivers of SUV's and large trucks. Many times a driver will report that since he had four-wheel drive and solid gripping tires, he felt safer and drove at a faster speed. Despite the added traction that is sometimes featured in SUV's, a solid sheet of ice is still just as slick.

While the Winter weather may be over for the year, as we move into Spring we will start to see thunderstorms and driving rain showers. These can prove to be dangerous for drivers as well. While weather can contribute to a Missouri injury accident, it is not a defense if you cause an accident. If the weather is too severe for your driving ability, stay off the road until it passes.

Becky Burkhart, 28, was seriously injured Wednesday when she was hit in a rear-end collision accident by a driver who was texting behind the wheel.

According to the Missouri State Highway Patrol, Burkhart was driving southbound on Missouri Highway 5 in a 1995 Toyota when the accident occurred. Just behind her in a 1997 Ford was Teddy Newell, 29. According to the initial crash report, Newell was text messaging causing him to rear-end Burkhart's vehicle and cause major damage.

The impact of the crash was severe enough to seriously injure Burkhart, who was taken to University Hospital in Columbia. Newell was not severely injured.

If the information in the initial crash report is true, then this Missouri car accident is the result of negligent driving decisions on the part of Newell. Texting behind the wheel has become more of a problem as high-tech phones become ubiquitous among young drivers. While texting, a driver is 23 times more likely to be involved in an accident.

Because of these risk factors, legislators around the country are looking to limit the use of cell phones and text messaging behind the wheel. Missouri has already banned texting by minors while they drive and a national ban on texting for truck drivers was recently established. This trend of regulation only looks to pick up steam with the eventual total ban of texting behind the wheel for all drivers just over the horizon.

A car manufacturer just issued a recall for a potentially dangerous product defect, but this time it wasn't Toyota.

After months of expanding recalls for Toyota vehicles, Honda Motor Company has issued its own recall specifically relating to the brake systems in the Odyssey minivan and Element SUV. Drivers have issued complaints of the brake pedals feeling soft and three crashes are being investigated to see if there is a link to a brake malfunction.

As of now, no fatal injuries have been reportedly caused by a brake malfunction.

According to the automaker, the problem develops when air leaks into the brake systems causing them to not be as responsive. Reports claim that the pedal feels like it needs to be pushed further down to stop the car the longer the driver has owned the vehicle.

The recall affects approximately 412,000 vehicles in the U.S.

After numerous accidents for Toyota vehicles led to investigations and personal injury lawsuits, the entire auto industry could face tougher scrutiny. It appears Honda doesn't want to be accused of dragging its feet in issuing a recall. We may continue to see companies acting quickly to respond to complaints in the wake of the Toyota fiasco. This new motivation could produce a very positive trend of corporate responsibility, at least in the short term, that may save lives.

If you own a Honda Odyssey or Element, contact your dealer for more information about the recall.

Tiffaney Fisher, 18, was killed Friday evening after she was hit by a 2004 Ford while walking along the roadway in Dunklin County, Missouri.

Many of the details are not available at this time, but what we do know is that Fisher was walking along Missouri 164 around 7:21 p.m. when the fatal Missouri pedestrian accident occurred. Trenton Burns, 17, was traveling westbound in the 2004 Ford and struck Fisher as she was walking, according to the Missouri Highway Patrol.

Fisher was pronounced dead at the scene. Burns suffered no physical injuries.

Our thoughts go out to the families of both Fisher and Burns. This is a terrible incident for anyone to endure.

There are several other details not addressed in the initial crash report that need to be fleshed out in order to get a better idea of how this tragic Missouri car accident happened. We need to know if Fisher was walking alongside the roadway or if she was trying to cross the road. We also need to know if Burns was traveling the speed limit or if he was possibly distracted by something else in his car.

It is important to determine what caused any serious accident, whether on the roadways or elsewhere, for several reasons. First, if we know what caused an accident, maybe similar incident can be prevented in the future. Second, in some cases liability isn't clear and needs to be determined for legal reasons. If you or a loved one has been involved in a serious injury accident, it is in your best interest to contact a Missouri personal injury lawyer to discuss your rights as an accident victim.

Marjorie Harris, 89, was killed Wednesday morning in a Missouri car accident on the corner of Hillsboro House Springs Road and Tishomingo Road.

According to the Missouri State Highway Patrol, Harris was a passenger in a 2005 Ford Explorer heading eastbound through the intersection around 11:10 a.m. A 2006 Ford F150 pickup, driven by Charles McDaniel, 23, was heading northbound toward the intersection at the same moment. McDaniel failed to stop at the stop sign, according to the initial crash report, and the pickup struck the SUV in the passenger side.

Harris was taken to St. Anthony's Medical Center where she was pronounced dead by hospital staff. Nobody else involved in the accident suffered serious injury.

Under Missouri law, the at fault driver's liability insurance should pay for the funeral cost and any other accident expenses for the injured party. It seems from the initial crash report that McDaniel violated traffic regulations by running a stop sign, which lead to the accident. An initial crash report alone is not solid enough evidence, however, as it is considered hearsay in court. A full accident reconstruction will be conducted to determine the exact sequence of events and who was truly at fault for this fatal SUV accident.

Accident cases can quickly become complicated, especially if the insurance company tries to lower the amount it is paying out for damages. Those involved in an crash should seek the counsel of an experienced Missouri car accident attorney.

As Toyota continues to come under fire from federal safety officials for potentially dangerous manufacturing defects, the automaker has presented evidence that it says shows the sudden acceleration problems is mechanical and not an electronic glitch.

Recently, officials have become concerned that faulty electronic throttle controls may be at the heart of the problem that has reportedly caused numerous fatal car accidents. Some investigators have even recreated the glitch in a lab setting.

Toyota claims that the scenarios that were recreated in the tests are not plausible in real life and are the result of tampering by the investigators. They claim that relying on those tests could set back the investigation and distract from the real problem.

After a fatal SUV accident in California last year was caused when the vehicle began accelerating wildly, the automaker blamed the incident on driver's side floor mats getting caught on the pedal. Only after many more reports came in did the automaker admit that the problem was a defect in the gas pedal mechanism. Toyota has recalled more than 8 million vehicles since last fall and made repairs that is says will fix the problem. Recently, though, dozens of reports have come in from car owners who have had the recall fixes done but are still experiencing the acceleration problem.

Dozens of wrongful death lawsuits, personal injury lawsuits and product liability lawsuits have been leveled at Toyota so far. A recent Associated Press report says that the automaker stands to lose billions of dollars if the suits are successful. Hopefully the investigation by federal officials and pressure from the lawsuits eventually leads to a clear diagnosis of the problem so no more lives are lost.

A tragic Missouri motorcycle accident took the life of a Missouri teenager and left another in serious condition Saturday evening in McDonald County.

According to the Missouri State Highway Patrol, Michael Dutton, 17, was riding a Kawasaki motorcycle on Bear Hollow Road at the same time Camron Bridges, 17, was approaching on a Kawasaki four-wheeler. They struck head on, totaling both vehicles.

Both victims were taken to a local hospital. Bridges was pronounced dead shortly after 1 a.m. on Sunday while Dutton remained in serious condition.

Neither victim was wearing a helmet, according to the initial crash report.

No description of what actually caused this serious Missouri motorcycle crash was given in the report. It was late, so visibility was low and could have contributed, but it is not certain which driver was out of his lane to cause the head-on collision.

Dutton was tested for alcohol in accordance with Missouri law after a fatal traffic accident. An investigation into the crash continues.

More than a dozen reports of sudden, uncontrolled acceleration incidents have been sent to officials concerning Toyota vehicles that had supposedly been fixed under the massive recalls of the past few months.

According to an AP report, at least 15 people have had sudden acceleration problems, though no indication was given as to whether these incidents resulted in a serious car accident. At the moment the reports are unconfirmed, but the National Highway Traffic Safety Administration is following up with these drivers to determine if a dangerous vehicle defect exists even after being repaired under the recall guidelines.

This announcement will surely come as a blow to the auto maker, which is looking to move past this whole episode with an aggressive advertising campaign designed to regain credibility.

Toyota, for the moment, is standing by their recall fixes and has sent investigators of their own to check out these new claims. The company has been on the defensive this whole process, constantly changing the diagnosis for the acceleration problem. First they claimed the problem was misplaced floor mats or driver error, then they admitted the problem was likely in the pedal mechanism. Now the concern is that there are problems with the vehicle's software systems, though Toyota has denied these claims.

The NHTSA says that 52 people have been killed in car accidents related to a sudden acceleration glitch, according to the Associated Press report.

Three cars were involved in a Missouri injury accident on Highway 30 in Jefferson County Tuesday afternoon. At least two people sustained significant injuries in this Jefferson County, Missouri car wreck.

The accident occurred on Highway 30 just before Old Sugar Creek Road, according to the Missouri State Highway Patrol. Two vehicles had stopped in preparation of making a left turn. The first vehicle was a large Ford Econoline van, driven by Charles Kersten, 26, and behind that was a 2005 Dodge Ram, driven by Bruce Finkes, 56. A third vehicle, a Chevy 1500 driven by Martin Gsell, 56, approached the line of cars from behind. Gsell's pickup slammed into the back of Finkes' truck causing serious damage.

Both Finkes and Gsell suffered serious injuries in this Missouri car accident and were taken to St. Anthony's Hospital for treatment. While Finkes' truck was pushed forward into Kersten's van, Kersten didn't suffer any significant injuries, according to the investigating officer.

The initial crash report didn't say what caused Gsell to crash into a line of stopped cars. Generally when this happens it means that a driver was not paying attention to the road ahead or was driving too fast to slow down in time. There may be extenuating circumstances, though, and this case may be more complicated than it first appears.

Because there are so many complications and nuances to Missouri accident law, it's important to seek the advice of a professional when handling the aftermath of a crash. Consulting an experienced St. Louis area car accident lawyer before settling with the insurance companies is the best way to ensure that your rights are protected and that you receive the chance at recovery you deserve.