Missouri Accident Lawyer Blog

In following up on a previous post about Missouri train-vehicle crashes, I wanted to post some statistics related to the problem both in the St. Louis area and around the country.

Nationwide, there have been over 30,000 railroad crossing accidents and 3,600 deaths in the past decade. While uncontrolled railroad crossings can be very dangerous, about half of all railroad crossing collisions occur at sites with warning devices as drivers will try to beat the train even when they know it's coming.

St. Louis happens to lie on the border of two of the most dangerous states when it comes to fatal car crashes at railroad crossings. Illinois ranks #1 as the most dangerous state and Missouri comes in at #10.

The causes of these crashes vary from case to case, but generally, they are either caused by driver error, unsafe conditions at the crossing, or some mix of the two. Too often we hear about a driver who saw a train coming, but thought he could beat it over the crossing. In many other cases, a responsible driver will simply not be aware of a train due to obstructions along the tracks, a lack or warning lights, or a conductor who fails to blow a warning horn when approaching.

In some cases, the victims may be entitled to damages from the railroad company. It is in the best interest of accident victims to contact a St. Louis personal injury lawyer to make sure their rights are protected.

A Fox 4 Kansas City report has revealed Missouri has more than 2,000 dangerous railroad crossings without working warning lights or bells.

The report is a follow up to a story of a Trenton, Missouri railroad crossing accident that claimed three lives. At that intersection, there were no warning lights or automatic crossbars. Drivers have to stop before crossing to make sure no trains are approaching, but this can be more of a problem than it first seems. The crossing sits at the crest of a small hill and this can make it hard to stop in wet or icy conditions. Visibility may also not be 100% and it's not unreasonable for a safe and defensive driver to come to a full stop, scan for trains, and still miss an oncoming locomotive.

According to the Fox 4 report, the reason for so many unregulated crossing with only a warning sign is funding disputes. The state will pay to put up warning systems, but these automatic lights are expensive. Only a handful are installed every year across the state due to budget limitations. The railroad companies can also install warning systems themselves, but often fail to do so, leaving drivers to fend for themselves at these dangerous intersections.

Aside from the lack of crossing guards, a number of other risk factors contribute to Missouri railroad crossing crashes. Bushes and overgrowth can build up at crossings to obstruct the view of drivers and train conductors may fail to sound their horn as they approach the crossing.

Another problem seen at certain crossings is when companies park their trains near an intersection. Drivers get used to seeing a parked train near the road and eventually ignore it. When you look at a train head-on, it's often hard to tell how fast it's moving or whether it's even moving at all. Drivers may then mistake a moving train for one of the parked trains they are used to seeing and make a deadly mistake.

If you or someone you love has been involved in a Missouri railroad crossing collision, contact a personal injury attorney as soon as possible to discuss your rights as an accident victim. Holding railroad companies responsible for dangerous crossings may be the only way to fix this deadly problem and prevent more lives from being lost. Call for a free legal consulttation and one of our Kansas City, Mo personal injury lawyers can help you with your legal issues.

It's nearly Memorial Day weekend and that means the kids will be finishing up school, the pools will be opening and the barbecue grills will be hot. It also means that a lot of people will be out on the roadways.

Memorial Day is a very busy traveling holiday, especially for motorists. The long weekend lends itself to a road trip, and millions of Americans take advantage. Tens of millions of people leave home for the holiday every year.

This year is expected to be even bigger with AAA predicting more than a 5 percent increase in travelers. As many as 32 million Americans will be traveling this holiday weekend. The increase, according to some experts, can be attributed to the economy that, while not nearly totally back on track, is a little brighter than this time last year.

All those extra cars on the road also means more serious car accidents. There is always a spike in accident numbers over the holiday weekend due largely to the increased traffic and the fact that a lot of Memorial Day festivities involve alcohol. Memorial Day is also the start of the summer driving season which is especially notorious for being a bad time for teens getting injured in car crashes.

Be sure your holiday doesn't take a tragic turn. Don't drink and drive and be aware of others on the roadway who may not be so responsible. Even if you typically have a lead foot, make this weekend be the one where you stay under the speed limit and don't take any chances.

Two separate Missouri car accident cases were responsible for hospitalizing five people yesterday, one of them being a 9-year-old child.

The first accident occurred just before 10 a.m. in Washington County. According to the Missouri State Highway Patrol, Cerrisa Vick, 44, had stopped her 1999 Chevrolet Blazer on Missouri Highway 8 to make a left turn. A 1998 Ford Windstar, driven by John Cain, 72, was following behind and struck Vick's car from behind.

Both Vick and Cain were taken by ambulance to area hospitals for treatment.

Just south of the Washington County crash, another two-car accident injury case occurred. This crash happened around 4:00 p.m. on Mound Ridge Road, just a couple miles from Missouri Highway 8. Steven Kuntz, 52, was traveling northbound in a 2007 Chrysler Sebring with his family. A 1995 Ford Mustang, driven by Michael Slawson, 21, came around a corner on the wrong side of the roadway in front of Kuntz's car. The two vehicles collided nearly head-on.

Steven Kuntz and the two others in the car, Caren Kuntz, 52, and Venita Kuntz, 9, were all taken by ambulance to Missouri Baptist Hospital for treatment.

While the initial crash reports on these and other crashes often have basic details, more investigation is often needed. In many cases it is also beneficial for those injured to contact a Missouri personal injury lawyer for a free consultation and advice on preserving their rights as an accident victim.

In most Missouri car accidents, the liability insurance of the at fault driver will pay for the injured party's medical bills and other expenses. But what about cases where both drivers were at fault for an injury accident?

It's in these cases where comparative negligence may come into play. Different states have different rules about comparative negligence or comparative fault. In Missouri, there is a pure comparative negligence rule which means that the injured party may recover damages even if he was partially at fault, but those damages will be reduced by a percentage in proportion to his fault in the accident.

For example, a driver may have been injured in an accident where he is 50% at fault. If the damage award is $50,000, he will only receive $25,000. The same process would follow were he to have been 75%, 20%, or even 99% at fault for a serious car accident.

A real life example would be a car accident that occurs late on a foggy night. Driver 1 may have hit Driver 2's car, but Driver 2 didn't have his lights on. It could be argued that both drivers should share some of the fault for this incident

This is one reason why it's so important to be careful when talking to insurance companies. You may feel like you were at fault for an accident, but even if you were partially at fault, you may still be entitled to damages. Before you make any statements to an insurance company or sign any forms they offer, it may be a good idea to consult with a St. Louis personal injury attorney.

Two people were seriously injured in a Missouri car accident late Friday afternoon in Clay County.

The accident occurred at the intersection of Nation and 144th Street. According to the investigating trooper from the Missouri State Highway Patrol, Chris Wickerson, 57, arrived at the intersection in a 1994 Geo Metro. He stopped at the stop sign and then began to cross the intersection. As he crossed 144th street, a 2002 Ford Explorer, driven by Robert Munzt, 25, failed to stop at the stop sign and slammed into Wickerson's car. Munzt's car crashed into the passenger side of Wickerson's car.

Both Wickerson and Munzt were taken to Liberty Hospital for emergency treatment. Luckily, both drivers were wearing a seatbelt in the in this side impact accident.

According to the initial crash report, an investigation is ongoing and charges are pending.

Under the law, the liability insurance of the at-fault driver pays for damages incurred by the injured party in an accident. While the initial report in this wreck seems cut and dry, Missouri injury accidents can quickly get complicated when insurance companies get involved. To make sure your rights as an accident victim are protected, it is in your best interest to contact a Missouri personal injury lawyer as soon as possible after an accident.

A new nationwide study of young drivers shows that driving at night is the biggest risk factor and causes the most fatalities in serious car accidents. While it may seem obvious that driving at night is more dangerous than driving during the day, what is surprising is the degree at which the risk rises. Controlling for all other variables, driving after dark contributes to more fatalities than drinking, speeding or not wearing a seatbelt.

What's alarming about this bit of information is the fact that teens driving at night are also more prone to engaging in those other risky driving practices which raises their chances of being injured in a car wreck exponentially.

The authors of the study claim that a big contributing factor is cell phones. Driving at night provides its own challenges, but those risks are compounded when a driver's attention is divided by a cell phone.

Here in Missouri, we have taken steps to limit this risk factor by banning texting behind the wheel for any driver under 21. The graduated license system we adopted several years ago also places restrictions on new drivers at night.

Since Missouri banned drivers under the age of 21 from texting behind the wheel last year, the debate has focused on whether to ban texting for all drivers. The state legislature has decided, for now, that it will not ban texting for adult drivers.

Laws against texting and driving have been adopted in numerous states around the country as a way of combating distracted driving and the serious car accident injuries it can cause. 42 states have at least considered such laws, with 24 adopting some type of texting regulation, while federal agencies have banned texting for commercial truck drivers and federal employees driving state-owned vehicles.

Since the Missouri law banning minors from texting took effect, only a few tickets have been issued. It's too early to tell what type of effect the law has had on crash statistics.

Nationwide, over 6,000 people are killed every year by car accidents caused by negligent distracted driving. In Missouri alone, there were over 500 injuries related to distracted driving crashes.

Two men were hospitalized after a serious Missouri car accident at the intersection of Highway 65 and Sacajawea Road.

According to the Missouri State Highway Patrol's investigating officer, Joshua Dillon, 25, and Robert Smith, 47, were driving separate cars on the highway at the time of the crash. Dillon was heading southbound in a 1994 Ford, while Smith was heading northbound in a 2004 Dodge. Dillon attempted to make a left turn in front of Smith, but in the process of executing the turn, Smith's car struck the side of Dillon's.

Smith was seriously injured and taken to Bothwell Hospital for emergency treatment. Dillon was also taken to Bothwell Hospital, but with less serious injuries.

More evidence besides the initial crash report is needed to determine exactly what caused this Missouri injury accident. We need to know how close the cars were when Dillon attempted to make the turn, as well as the speeds of the two vehicles.

Left turn crashes are some of the most common types of accidents on U.S. roadways. Anytime you have cars crossing in front of oncoming traffic, you have the potential for a serious wreck. To combat this, federal and state transportation officials have come up with a number of unique solutions. Most recently, the Missouri Department of Transportation gained some national attention for being one of the first in the country to try a "diverging diamond" intersection design in Springfield. This somewhat unusual design has drivers swap sides of the road when passing through the intersection in order to eliminate the need to make a left turn across oncoming traffic.

The best way to prevent these types of accidents, though, is being a defensive and responsible driver. Make sure you have plenty of time to cross in front of an oncoming car and don't speed towards an intersection to beat a light.

Ronald Hall, 20, was injured in a Missouri motorcycle accident on Missouri 76 near Tiff City.

Hall was riding his 1997 Suzuki motorcycle westbound at the time of the wreck, according to a Missouri State Highway Patrol report. He approached an intersection at the same time as Charles Bales, 58, who was driving a 2001 Oldsmobile. Bales pulled out of the intersection into the path of Hall's motorcycle. Hall was unable to avoid a collision and struck the Oldsmobile.

Hall was taken by ambulance to Freeman West Hospital for emergency treatment. He was wearing a helmet. Bales was uninjured and was able to drive from the scene.

Again we have a case of a car not seeing a motorcycle at an intersection and pulling into its path. This scenario, and cars merging into motorcycles on the highway, are the most common causes of serious motorcycle accident injuries.

Now, there are still some details missing from the the initial crash report of this latest accident. We don't know the speed at which Hall was traveling or whether he had the right of way in the intersection. Whatever the liability situation of this particular incident, it serves as yet another warning to drivers and riders to be cautious when out on the road.

Two people were injured and hospitalized Tuesday afternoon after a Missouri car crash on Route 47 in Franklin County.

According to the Missouri State Highway Patrol, Mark Taylor, 49, and Ashlea Spires, 29, were each driving on Route 47 at the time of the accident. Taylor was heading northbound in a 1991 Mazda Miata and Spires was driving a 1990 Toyota Camry southbound. As they approached each other, Taylor lost control of his car and crossed the center line. The drivers were unable to avoid a collision with each other and the two car collided nearly head-on.

Both Taylor and Spires were injured and taken by ambulance to St. John's Mercy Hospital for treatment. Neither driver was wearing a seat belt.

Hopefully both drivers can make a full recovery from this St. Louis area injury accident.

While the initial reports have a basic series of events, determining any liability and settling insurance issues is going to require further investigation. For instance, we don't know the speed of the two vehicles or what caused Taylor to lose control of his car. Under Missouri law, the at-fault driver's liability insurance should pay the medical bills and other costs incurred by the injured party.

Cases that seem simple at first can sometimes become very complicated when insurance companies get involved. When that happens, you'll want the legal advice of someone on your side to make sure your rights as an accident victim are upheld. The best way to do this is to consult a Missouri personal injury lawyer.

The Centers for Disease Control has issued a report stating that serious car accidents are the leading cause of death for teens in the United States. Over a third of all teenage deaths can be attributed to traffic accidents.

According to the report, over 16,000 teens die each year from car accident injuries. That equals about a third of all teenage deaths, beating out the other leading causes of death including non-car related accidents, homicide, suicide, cancer and heart disease. Accidents in general, both car related and not, are to blame for over half of all teen fatalities.

The numbers also show that male teens are much more likely to be killed in a traffic accident than female teens. At 16, males are about twice as likely to be in a fatal car accident and that disparity only widens as they get older. By 19, males are three times as likely to be killed in a car crash.

While the numbers are disheartening, especially since the loss of life of among teens is a such a tragic occurrence, there is room for optimism. Car accidents are a preventable cause of death. Safety advance through the years have done a pretty good job at preventing serious accidents. No advances in car engineering or safety technology will ever take the place of responsible driving. Teens need to receive plenty of practice in a supervised setting before being on the road on their own. Parents need to make sure to pass on safe driving tips and a encourage their children not to engage in risky or negligent driving practices.

Here in Missouri, state laws have also stepped in to try and prevent these tragic accidents. The graduated license system was implemented in the last decade and in just the last year, teens were banned from texting while driving.

Viola Dudenhoeffer, 72, and Kennith Eichholz, 47, were injured and hospitalized after a Missouri car accident between a car and John Deere Tractor on Highway 63.

According to the Missouri State Highway Patrol, the incident occurred around 8 a.m. on Friday as Eichholz was driving his tractor on the highway. Dudenhoeffer was also driving on the highway behind Eichholz in a 2009 Ford. Eichholz attempted to make a left turn onto County Road 511 at the same time that Dudenhoeffer attempted to pass the tractor. The car crashed into the left side of the tractor as it tried to make the turn.

Both Dudenhoeffer and Eichholz were taken to St. Mary's Hospital for treatment. Both drivers were wearing safety belts.

Living in Missouri, seeing tractors on roadways is a common sight. While they are generally slower than the other traffic on the road, it doesn't mean that the presence of large farm equipment has to result in a dangerous situation or major car accident injuries. Both drivers just need to respect one another and follow the rules of the road.

Likewise, passing on highways and country roads is also legal, but can be dangerous if not done with extreme caution. You have to make sure that you know what the other driver is going to do and if there are any incoming cars.

When there is an accident, it is a wise decision to contact a Missouri car accident injury lawyer. Crash cases can quickly become complicated, especially when it comes to dealing with insurance companies, and consulting with a legal professional a good way to make sure your rights as an accident victim are preserved.

A three-car, chain reaction Missouri crash sent two people to the hospital Monday evening in Pulaski County.

According to the Missouri State Highway Patrol, all three vehicles involved were traveling eastbound on Missouri highway 28 at around 6:00 p.m. Among the drivers were Kendra Cunningham, 20; Sharon Shamblin, 26; and Jared Sabatasso, 28. The initial crash reports says Sabatasso's 2007 Toyota Solara rear-ended Shamblin's 2006 Mazda 3. The impact then sent Shamblin's car into the back of Cunningham's 2006 Hyundai SGX.

Shamblin suffered serious injuries and was rushed by ambulance to a local hospital. Cunningham was also hospitalized, but with less serious injuries. Sabatasso was not listed as injured on the report.

Our thoughts are with the injured parties. Hopefully they are able to make a full recovery.

In these types of chain reaction crashes, the rear-impact collision doctrine often applies. This doctrine states that in rear-impact collisions, negligence is assumed on the part of the at-fault driver. The basis for this is that every driver should be in control of his or her vehicle and should leave plenty of space between it and the vehicle ahead.

Unfortunately, not all injury accident cases are so simple. There may be extenuated circumstances to every crash and details besides what was listed on the initial crash report. Because of the complicated nature of traffic and injury law, it is often advisable to get a free consultation from a personal injury attorney. Many will discuss your case with you at no charge and with no obligation to hire.

Two people were hospitalized after a serious Missouri car accident on Highway 50 in Jackson County.

Beverly Cathcard, 80, was driving northbound toward the intersection of Highway 50 and Smart Road, according to the Missouri State Highway Patrol. Also approaching the intersection was Jill Powell, 26. According to the investigating officer, Cathcard failed to yield to traffic as she entered the intersection. Cathcard's 1989 Ford F350 pulled into the path of Powell's 2007 Pontiac G6. Powell was unable to avoid smashing into Cathcard's vehicle.

Both Powell and Cathcard suffered serious injuries and were taken to Research Medical Center for emergency treatment.

Powell was not wearing a seat belt.

An investigation into this Missouri traffic injury accident is ongoing. Charges are pending.

Further investigation is often needed in traffic accidents to corroborate the details of the initial crash report. The description of the accident made by the investigating officer is just that officer's opinion based on initial comments at the scene. In court, it is considered hearsay unless the officer actually witnessed the crash, is trained in accident reconstruction or the report is backed up by other physical evidence. Because accident cases can quickly turn complicated, it is in your best interest to contact a car accident injury lawyer after a serious wreck in order to discuss your case and make sure your rights as an accident victim are protected. Our Jackson County, Missouri personal injury lawyers can answer your legal questions. Call us for a free legal consultation.