Posted On: June 29, 2010

Lab explosion injures four people at the University of Missouri

Four people were injured during a lab experiment on the campus of the University of Missouri when an explosion erupted in a lab located in Schweitzer Hall.

According to local media reports, a group of lab technicians were conducting an experiment with bacteria and hydrogen. While the precise cause of the blast is still under investigation, initial impressions of the investigators seem to indicate human error lead to the explosion.

The four people who were injured during the experiment have not yet been identified. All four sustained injuries, but one lab technician in particular, who took the strongest hit from the blast, had severe injuries including burns to the face.

To give you an idea of the power of the explosion, 17 windows in Schweitzer Hall were blown out and an adjacent lab also sustained damage.

From the perspective of a Missouri personal injury attorney, this case presents an interesting question of whether the school could be held liable for an incident like this. Every case is unique and we certainly don't have all the details around this accident, but there have been lawsuits in the past dealing with lab accidents on school campuses.

Basically, a personal injury lawsuit makes the claim that a defendant had a legal duty to the injured party and failed to live up to that duty. As a direct result of that breach of duty, an injury was sustained by the plaintiff. In serious injury cases occurring on school campuses, the biggest question is defining the type of legal duty the school has with regard to their students.

The question of duty changes depending on the age of the students and the school setting. An elementary or high school teacher, for instance, will be held to much stricter standards than a professor working with adult graduate students. Untrained students working with potentially hazardous materials should be under constant supervision, while highly trained students may be reasonably considered as fit to work without such strict observation. These are just a few things to consider and anybody with more specific questions about an injury case should contact an experienced Missouri personal injury lawyer.

Posted On: June 27, 2010

Texting laws continue to spread around the country

More states will soon have anti-texting-while-driving laws go into effect in an attempt to reduce the number of car accident injuries, according to an NPR report. Six laws will go into effect in just the next month, including a ban in Georgia.

Missouri is among the more than thirty states with at least some type of texting ban. Missouri's law is only a partial ban, however, restricting texting by drivers under 21. Tractor trailer drivers have also been banned from texting under a recent federal regulation.

Georgia's new law is a total texting ban, according to the NPR report, and will allow cell phone records to be subpoenaed in some instances after a serious car crash.

The wave of laws is in response to a growing problem of distracted driving. The Department of Transportation says that accidents caused by distracted driving resulted in 6,000 deaths and more than 500,000 injuries in 2008.

The report says even though the laws are getting tougher, the statistics haven't shown much improvement in states with texting bans. A study conducted by the Highway Loss Data Institute looked at the effect of anti-texting laws in three states and Washington, D.C. and concluded that there has been little to no reduction in accidents due to the new laws. Previous studies have shown clearly that texting or talking on a cell phone while driving increases the chance for an accident, yet laws curbing this behavior have yet to garner results. This may simply be due to the fact that people are ignoring the new laws and continuing to use cell phones while driving.

As more state laws go into effect and more research is done, a clearer picture should evolve around the issue of distracted driving and how we can limit its consequences.

Posted On: June 25, 2010

Missouri woman killed in head-on collision

Judy Braden, 58, was killed and another woman was injured in a terrible Missouri car accident on Missouri Highway 7.

According to the Missouri State Highway Patrol, Braden was heading northbound in a 2006 Nissan Altima at the time of the crash. Approaching her in the southbound lane was a 1996 Buick Le Sabre, driven by Joanne Goeth, 50. Goeth's vehicle drifted over the center line and struck Braden's car head-on before overturning off the roadway. Braden's car continued northbound before running off the right side of the roadway.

Braden was pronounced dead at the scene. Goeth was seriously injured and taken to St. Luke's Hospital for emergency treatment.

Our thoughts are with the families of both victims.

At the moment, the cause of this fatal Missouri car crash is unknown. The investigating officer did not say what caused Goeth's vehicle to cross the center line. No citation or arrest information was listed.

An accident reconstruction will be performed to determine the exact series of events in this incident. By looking at tire skid marks and debris patterns, investigators can recreate the accident precisely and better determine what caused the crash.

Posted On: June 22, 2010

Missouri bicyclist hit by car

Kenneth McFarland, 75, was injured and hospitalized after being hit by a car while he was out for a morning bike ride. This Clay County, Missouri car accident appears to be an avoidable one.

According to the Missouri State Highway Patrol, McFarland was heading northbound towards the intersection of Route W and Route C when the Missouri car accident occurred. As McFarland entered the intersection, so did a 2010 Chevrolet driven by Adam Christiansen, 26. Christiansen's car hit McFarland and knocked him off his bike.

McFarland was taken by ambulance to a local hospital for emergency treatment. Fortunately, he was at least wearing a helmet or his injuries could have been more severe.

The investigating officer said in the initial report that Christiansen failed to yield the right of way to McFarland and that charges are pending. Initial crash reports are just the initial impressions of the responding officer and considered hearsay in court. It is often in an injury victim's best interest to contact a Missouri personal injury attorney to help with a full investigation into any accident and make sure the rights of the victim are protected.

This accident could have been much worse. With little more than a helmet, and sometimes not even that, bicyclists are at great risk when sharing the streets with cars. Most accidents are caused when a drivers fails to see a smaller cyclist until it is too late. Here are some tips for both drivers and cyclists on how to make your travels safer.

Posted On: June 20, 2010

St. Francois County wreck hospitalizes two

Michael Kinneman, 56, and Henry Williams, 33, were both injured in a Missouri car accident when their vehicles collided on Highway 67 in St. Francois County.

According to the investigating officer, Williams was traveling southbound on Highway 67 in a 2005 Chevy Suburban at the time of the crash. Kinneman was on Route DD in a Chevrolet 1500 pickup and attempted to cross Highway 67. As Kinneman crossed the highway, he pulled directly into the path of Williams, who was unable to avoid slamming into the passenger side of the pickup. The impact was so fierce that Kinneman was thrown from his truck.

Both Williams and Kinneman were taken for emergency treatment at local hospitals.

According to the initial crash report on this St. Louis area injury accident, Kinneman was not wearing a seat belt at the time of the crash.

Posted On: June 16, 2010

Missouri couple killed in plane crash

Orlan Kellenberger, 64, and his wife, Mary Kellenberger, 64, were both killed in a fatal plane crash in Iowa as they attempted to fly back to their Missouri home.

According to local media, the couple had been visiting West Bend, Iowa and were taking their Beechcraft A36 Bonanza home when it lost power and crashed. Orlan Kellenberger was flying at the time of the crash.

The FAA is investigating the incident to try and determine why the single engine prop plane suddenly crashed. Results of the investigation may not be available for weeks.

Our thoughts are with the family of the victims. If the investigation of this deadly plane accident determines that there was a mechanical problem, hopefully the information gathered can be used to fix any potential problems in other aircraft and save lives.

The Beechcraft Bonanza line is one of the most popular personal aircraft models in the world. Its popularity means that the plane has also seen its share of high-profile crashes. The notorious "Day the Music Died" crash that took the lives of Buddy Holly, Ritchie Valens, The Big Bopper and their pilot, Roger Peterson, involved an older model of the Beechcraft Bonanza. Ozzy Osbourne guitarist Randy Rhoads and television host Peter Tomarken were also killed in Bonanza crashes.

Despite these notable incidents, the plane usually receives high marks for safety with most crashes blamed on pilot error. The only recurring problems seem to revolve around the landing gear, but there's no indication a landing gear malfunction was involved in the Kellenberger crash.

Posted On: June 14, 2010

Missouri law enforcement plan to limit fatal crashes

A statewide law enforcement campaign to limit the number of serious Missouri car accidents will be returning this summer after some success last year.

The campaign, called High Enforcement Action Teams (HEAT), consists of increased patrols on area highways with particular attention paid toward stopping aggressive drivers. The plan, which is sponsored by the Missouri Highway Safety Division, is being adopted by agencies all across the state, including the Missouri State Highway Patrol and numerous local police departments.

HEAT began last year after officials began to notice a jump in the number of accidents during the summer months. Patrols were stepped up on Interstates 70 and 44 and there was a decline in serious injury accidents from the prior year. For 2010, the HEAT program has been super-sized to include more roadways and for a longer duration.

One of the areas that will be focused on this year is Interstate 270, according to a St. Louis Post Dispatch report. That report said that local law enforcement already writes dozens of tickets every hour in that area, but reckless and negligent drivers continue to break the law.

Aggressive driving is a major problem across the country. This includes excessive speeding, tailgating, or reckless lane changes. Studies show that these types of negligent behaviors are present in a large portion of serious car accidents and cause thousands of deaths each year.

While law enforcement will do its best to prevent these incidents from happening, inevitably, there will still be accidents. Negligent drivers must be held accountable for their behavior and no one should have to pay because somebody else decided to drive aggressively and caused an accident. If you have been injured in a Missouri car accident, contact a Missouri personal injury lawyer to make sure your rights as an accident victim are protected.

Posted On: June 12, 2010

Tractor accident seriously injures Missouri man

James Kenagy, 56, was seriously injured in a Missouri car accident Friday afternoon when the John Deere farm tractor he was driving was hit by another car.

According to the Missouri State Highway Patrol, the other vehicle was a 2010 Mercury Milan, driven by William Roark, 34. Roark was heading northbound on Missouri Highway 7 when he came up behind Kenagy's tractor. For whatever reason, Roark was unable to slow his car before rear-ending the tractor.

Kenagy was flown to a local hospital for emergency treatment of serious injuries. Roark and a passenger in his car suffered only minor injuries.

Hopefully all involved will be able to make a full recovery.

An investigation into the details of this Missouri injury accident is ongoing and the initial report says that charges are pending.

Often, in rear-end collision accidents, negligence is assumed on the part of the at-fault driver. This is due to the rear-end collision doctrine which says that all driver's should be in control of where their vehicle is heading. You must prove that this doctrine applies, though, and some accident cases are more complicated than they may at-first appear. If you have been injured in an accident and have questions about your case, seek a free consultation from a Missouri car accident attorney.

Posted On: June 10, 2010

GM recalling vehicles

General Motors has issued a recall of over 1.5 million vehicles in response to the discovery of a potentially dangerous product defect.

The recall is aimed at certain vehicles produced in the last four years with a heated windshield wiper fluid system. GM has received reports of the system malfunctioning and causing a fire in the car. This specific heating system has been installed in numerous models of pickups, SUV's and passenger cars, so GM product owners are encouraged to contact their dealer to find out if their vehicle is included in the recall.

According to the recall announcement, GM will disable the system on existing vehicles in order to prevent the fires. Owners will receive a $100 payment to make up for losing the heated wiper fluid feature.

While a number of fires have been reported, the company said that no one had been injured by the vehicle defect. No crashes have been attributed to the fires, either.

Though the recall is worldwide, the vast majority of the affected vehicles, some 1.4 million, were sold in the United States.

It is fortunate that this defect was discovered before it caused serious injury to a driver and that GM is taking proactive steps to protect its customers. Sometimes, though, dangerous products will stay on the market and cause injuries until the problem is given more publicity or the company is brought to court. If you have been injured by a dangerous product defect, contact a St. Louis personal injury lawyer to learn your rights as an injury victim. You may also become a part of making sure that same product doesn't injure another person.

Posted On: June 8, 2010

Missouri reforms DWI laws to crack down on repeat offenders

Gov. Jay Nixon signed into law a reform of the state's DWI laws that aim to be stricter on repeat offenders and limit the number of serious Missouri car accidents caused by drunk drivers.

Some of the key components of the new bill are:

-Cases involving repeat offenders must be moved from a municipal court to a state court, where the penalties are tougher.
-All law enforcement agencies across the state must participate in a DWI reporting policy to better track the number of drunk driving wrecks across the state.
-All municipal court judges must complete a course focused on drunk driving laws.
-Special DWI courts will be created specifically for driver's who plead guilty and new penalties for drivers with a blood alcohol content of .15 or above.

Aside from those main changes, several procedural changes to how DWI cases are handled will be enacted as well. For instance, the law closes a loophole that allowed DWI offenders to have prior offenses expunged.

The bill comes after Gov. Nixon held a summit of state officials to come up with a plan to reduce drunk driving accident injuries in Missouri.

According to nationwide data, Missouri ranks in the bottom half of all states in terms of the number of drunk driving accidents and the percent of fatalities involving a drunk driver.

Posted On: June 6, 2010

ATV hit-and-run accident sends man to hospital

Authorities are looking for information on an ATV driver that hit a pedestrian and then fled the scene in Dent County.

According to the Highway Patrol, the Missouri hit-and-run injury accident took place on County Road 5160 a little after 11:00 p.m. on Saturday. Ronald Conaway, 44, was walking along the roadway when he was struck by an unknown ATV. The ATV then continued driving and left the scene heading east.

Conaway was flown to St. John's Hospital in St. Louis for emergency treatment. His injuries were considered serious.

Police are still looking for information about the ATV and its driver. At the moment, they don't have even much of a visual description. If you have any information that would be helpful in tracking down the driver, please contact the Missouri State Highway Patrol at (573) 751-3313.

Drivers that cause and then flee an accident scene are often charged with severe criminal penalties whether they are on an ATV or a larger vehicle involved in a Missouri car accident.

As far as paying for medical bills after a hit-and-run accident, the injured party may be able to make a claim against their own insurance policy's uninsured motorist coverage. This coverage is designed to protect people should they get involved in a wreck with somebody that doesn't have adequate insurance to pay for their emergency medical bills.

Posted On: June 4, 2010

Missouri motorcycle wreck injures rider

Steven Kreter, 38, was seriously injured in a Missouri motorcycle accident on Highway 50 after his motorcycle was struck by another vehicle.

The accident occurred as Kreter was heading eastbound on Highway 50 and approached Route W, according to the Missouri State Highway Patrol. At that same moment, Christopher Welch, 24, was traveling north on Route W in a 2008 Chevrolet. Welch pulled into the path of Kreter and the Chevrolet hit the motorcycle. Kreter lost control of his bike and overturned off the left side of the road.

Kreter was rushed to University Hospital in Columbia for emergency treatment. His injures were considered serious, but fortunately he was wearing a helmet which most likely prevented even more significant injuries or worse.

The exact details of this Missouri motorcycle crash are still being investigated, but the initial crash report indicated that charges are pending.

Too often we see motorcycle accidents like this that are totally preventable. The most common cause of motorcycle injury accidents is another driver not seeing a biker and pulling into the smaller vehicle's path. Night crashes are also caused by other drivers misjudging the distance of of an oncoming motorcycle. The final investigation report on the Highway 50 crash will reveal if any of these were factors in that instance.

Posted On: June 2, 2010

Tractor trailer crash near Herculaneum kills two

Photo by KMOV-TV
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A terrible Missouri tractor trailer crash occurred Wednesday afternoon on Interstate 55 leaving two people dead and another five with significant injuries.

The accident took place at the McNutt Street exit near Herculaneum. According to the initial crash report on file with the Missouri State Highway Patrol, the driver of the tractor trailer was Jay Valentine, 32. He was driving northbound on I-55 and approached a line of cars that had stopped due to traffic congestion. Valentine became distracted, according to media reports, and didn't see the traffic ahead until he was too close to stop. He attempted to avoid a collision by quickly changing lanes, but he still plowed through the back end of several vehicles. In all, seven other vehicles besides the tractor trailer were involved in this fatal St. Louis area truck accident.

Charles Martin, 52, was driving a Ford Focus which was one of the cars first hit by the big rig. The car was dragged the length of a football field and completely devastated. Martin was pronounced dead at the scene.

The other fatality was Alana McKnight, 28, another driver in the line of cars. Her car was struck in the chain reaction that ensued after the initial crash. She was rushed to a local hospital for emergency treatment, but was unable to recover.

There were five others listed as injured on the report: Cathy Hawn, 53; Terry Hawn, 58; Alice Falk, 79; Mary Davis, 65; and Mark London, 51.

Our thoughts are with the families of the deceased and with the injured parties still making a recovery. Hopefully they will be able to fully heal their injures and not be left with any permanent disabilities.

The tractor trailer appeared to belong to a trucking company call Western Express, Inc. This large company, based out of Nashville, has been involved in over 100 serious injury accidents in the past couple years. Six of these accidents resulted in fatalities.

An investigation into this incident is ongoing and could take weeks to complete. Until then, we won't have a detailed description of how this crash occurred, but officials at the scene have been quoted as saying the truck driver was distracted and looking to the right just before the wreck. A full investigation will also be able to determine if any motor carrier regulations were violated.

Since these types of accidents can become incredibly complicated from a legal standpoint, it is often advisable to seek a professional consultation from a Missouri personal injury attorney before talking to the insurance companies.