Missouri Accident Lawyer Blog

The Food and Drug Administration is laying down new rules for clinical trials and how they report potentially dangerous defects in drugs they are evaluating.

The new regulations handed down by the FDA will make the reports required of clinical trials more comprehensive in how they document risks and speed up the timeline in which these reports must be filed.

Pharmaceutical companies must now report to the FDA within 15 days of becoming aware of certain risk factors.

Companies must report any results from a epidemiological or clinical study that indicate risk for study participants. Companies must also report if certain side effects, which may have been expected, are occurring at a higher rate than expected. The changes to the U.S. regulations will also affect how drug absorption rates are reported and document any differences between generic and name brand drugs.

Many of these changes will make U.S. regulations more consistent with international regulations developed by the World Health Organization.

In recent years, there have been several high profile studies done demonstrating dangerous side effects of popular drugs. Prempro, a hormone replacement for women; Trasylol, a blood clotting agent; and Avandia, a diabetes treatment, have all recently come under scrutiny after the potential for dangerous side effects were reported for each drug.

Joshua Odenthal, 20, and Aleyce Ashbrook, 19, were both injured in a St. Louis area car accident when the car they were in was hit by another vehicle on Highway 67 in Jefferson County.

Odenthal and Ashbrook were riding in a 1999 Mercury Sable heading southbound on the highway when the serious car crash occurred, according to the Missouri State Highway Patrol. As they approached Flucom Road, a 2006 Dodge Caravan, driven by James Gramlich, 36, attempted to cross the highway. As Gramlich tried to cross Highway 67 heading eastbound, Odenthal, who was driving the Mercury, couldn't avoid crashing into the side of the Dodge.

Odenthal and Ashbrook were taken to Jefferson Regional Medical Center for treatment. Gramlich was not listed as injured on the initial crash report.

What the investigating officer didn't specify on the initial report was whether either driver was at-fault for failing to yield, speeding or some other dangerous maneuver. Under Missouri car accident law, the at-fault driver's liability insurance will cover the damages caused by the accident.

Seth Stanley, 27, was killed and two others were injured in a three-vehicle Missouri car wreck near a construction zone on Interstate 35.

According to the Missouri State Highway Patrol, the accident occurred around 7:30 p.m. Friday at mile marker 33. Keith Emmons, 43, was heading southbound on the highway in his 2001 Mercury when he slowed due to construction traffic. Stanley was following behind Emmons in a 2002 Dodge and failed to stop before rear-ending the 2001 Mercury. A third vehicle, a 2008 Chevrolet driven by Christine Young, 57, was also traveling southbound and slammed into the back of Stanley's vehicle.

Stanley was pronounced dead at the scene. Emmons and Young both sustained injuries and were taken by ambulance to local hospitals.

According to the initial crash report on this Missouri rear-end collision, Stanley suffered his fatal injuries in the second impact when the Chevrolet hit his vehicle.

More investigation into this fatal traffic accident will be needed and, since there was a fatality, an accident reconstruction will be performed. Investigators will be looking into how two drivers could not see the traffic back up before rear-ending the vehicle ahead. They will also look at road conditions and the speeds of the three vehicles.

Typically, in a rear-end collision, negligence is presumed on the part of the at-fault driver. This is because all drivers are supposed to be in control of where their vehicle's forward motion is taking them, and generally rear-end collisions can be avoided if a safe distance between vehicles is maintained. There are rare exceptions and the possibility of extenuating circumstances in some cases, so the counsel of experienced Missouri personal injury attorneys is often essential.

Michael Winters, 28, was seriously injured in a Missouri motorcycle accident when he collided with a tractor-trailer on Missouri Highway 5 in Laclede County.

According to the Missouri State Highway Patrol, Winters was traveling northbound on a 2006 Suzuki motorcycle when the accident occurred. The tractor-trailer, a 2001 Freightliner driven by Andrew Nockunas, 41, was ahead of the motorcyclist. Winters attempted to pass the big rig, but at that exact moment, Nockunas attempted to make a left turn. Winters was unable to avoid crashing into the side of the tractor-trailer.

Winters was rushed to St. John's Hospital for emergency treatment. Nockunas did not sustain any injuries.

Fortunately, Winters was wearing a helmet at the time of the crash.

No citations were listed on the initial accident report.

This serious tractor-trailer accident is still under investigation with several details still lacking from the initial reports. First, the speed of the two vehicles must be determined. Also, investigators will look at whether Winters was attempting a legal and safe maneuver when he tried to pass the truck, and whether Nockunas was using his turn signal.

Legislators and transportation officials gathered on Tuesday for a summit on the dangers of distracted driving and its role in fatal car accidents across the country.

The meeting is taking place on the heels of the release of new statistics saying the percentage of serious traffic crashes involving distracted driving has not dropped in the past couple years. While the overall number of accidents nationwide has declined, distracted driving is still to blame in 16 percent of crashes.

In 2009, 5,474 people died and 448,000 were injured in crashes linked to distracted driving.

Transportation Secretary Ray LaHood seems to be tackling the issue head-on. Recently, a federal ban on texting was created for commercial truck and bus drivers. Those violating this law are subject to civil or possibly criminal penalties up to $2,750.

Those present at the summit are expected to discuss suggestions for local districts wishing to regulate texting and cell phone use for all drivers. Some areas have already banned texting or cell phone use while driving and will fine anyone caught using them behind the wheel with possible felony charges awaiting those that cause an accident because of their distraction.

A tragic pedestrian accident claimed the life of a young Kansas City girl and has authorities and residents looking for the driver of the truck that hit her.

The victim, being identified by local media only by her first name, Taylor, was a four-year-old girl who lived on 152nd Terrace.

The accident occurred early Sunday afternoon near the girl's home. While there were no witnesses to the actual incident, several witness accounts of the area just before and just after the accident have led investigators to believe a pickup truck was speeding down the road and hit the girl before continuing on without stopping.

Neighbors contacted paramedics, but they were unable to save the young girl.

Residents say that speeding has been a problem in the area and signs warning drivers to slow down for children have been posted along the street.

Authorities are looking for any information on the driver or the truck, which is being described as an older brown or possibly gold pickup. Anyone with useful information should contact the TIPS hot-line at 816-474-TIPS.

Throughout the past year, Toyota Motor Corp. has been involved in a number of high profile recalls spurred by concerns of sudden, uncontrollable acceleration and serious car accidents. From recall to recall, the automaker has tried to blame the problem on a number of different issues based on data from on-board black box data recorders, similar to the type used to determine the cause of airplane crashes.

It turns out that those data recorders might not be so reliable either.

Toyota is now acknowledging the existence of a software bug which causes the black boxes to report faulty data. The company said it has identified the problem and fixed it, but the admission of a problem in the data recorders will likely cast another cloud over a company that has been much maligned since the first reports of sudden acceleration cases last year.

The cause of the acceleration problems, according to Toyota, has changed seemingly from month to month. First they believed it to be improper installation of floor mats, then they blamed a problem with the accelerator mechanism. Human error was also cited in several of the cases. Many of these diagnoses were based largely on data collected from the black boxes, which now appear to have faults of their own.

The National Highway Traffic Safety Administration has even cited Toyota black box data in their accident reports to Congress.

Since last year, Toyota has issued recalls for over 11 million vehicles and been named in hundreds of lawsuits for potentially dangerous vehicle defects.

Toyota has written an update for their black box software and provided it to the various safety agencies investigating the accident claims.

The trial of a fatal Missouri truck-train accident got underway on Tuesday as opening statements were presented to the jury. The incident in question, which killed James Webb Jr. and seriously injured his brother, Guy Webb, is being tried as a combined wrongful death suit and personal injury suit.

Misty Webb, the daughter of James Webb Jr., is the administrator of her father's estate and is bringing her claims under the Missouri Wrongful Death statute.

The accident occurred in August 2007 as the brothers attempted to cross railroad tracks owned by Union Pacific in Iron County, Mo. As they tried to cross, a train hit the truck causing massive damage.

Guy Webb suffered brain injuries and a collapsed lung and his medical bills exceeded $500,000.

Attorneys for the plaintiffs are arguing that the responsibility for the accident should fall on the railroad company and not the injured party for a couple of reasons. First, the train did not sound any warning whistles or horns as it approached the crossing. Second, the plaintiffs claim that the railroad company had allowed plant life to grow out of control around the crossing which obscured sight lines and made it harder to see oncoming trains.

In a personal injury case such as this one, there are a number of things that a plaintiff has to prove to be successful. It must be shown that the defendant had a duty or responsibility to the injured party. Then it must be proven that, through some type of negligence, this duty was not fulfilled and, as a direct result of this negligence, the injury occurred.

There are many complicated nuances to injury and wrongful death cases, which is why it is important to seek a consultation from an experienced personal injury attorney if you have been injured by someone else's negligence. If you have any questions about the law as it relates to a recent accident that you or a family member have suffered through, contact our St. Louis personal injury law firm and set up free consultation.

Two people were injured and hospitalized after a Missouri car crash on Highway 13 near Reeds Spring.

The accident occurred around 2:15 p.m. in Stone County. Marcus Aschwege, 19, was driving a 2006 Mercury and Garry Mayberry, 50, was driving a 2009 Chevrolet. According to the Missouri State Highway Patrol, Aschwege failed to yield when making a turn and pulled directly into Mayberry's path. Mayberry was unable to avoid a collision and the two vehicles collided head-on.

Mayberry and a passenger in his car, Chris Dillard, 29, were both injured in this car accident. They were taken by ambulance for treatment at Skaggs Hospital. Aschwege was not listed as injured on the accident report.

No citation was noted for either driver.

Thankfully, everyone involved was wearing a seatbelt or this accident could have been much worse.

The Federal Aviation Administration is looking to change regulations regarding pilot schedules as a way of reducing both pilot fatigue and the risk of a serious plane crash.

Some of the proposed changes include:

-Pilots can only spend a maximum of 13 consecutive hours on duty, including time between flights in airports. The current maximum is 16 hours.
-The maximum on duty hours for pilots flying overnight shift would be reduced to 9 hours.
-Airline schedules would have to give nine hours rest for pilots between work days, which is an increase from the current eight hours.

If approved, these would be the first changes to pilot scheduling regulation in two decades.

This proposal comes just two years after motor carrier regulations were changed and the hours of service for truck drivers were reduced in an effort to prevent tractor trailer crashes.

As with the changes to the trucking laws, the same arguments are being made on both sides of the pilot scheduling debate. Airlines are worried about how the new regulations will affect profits due to the fact that they will likely need to hire more pilots or reduce the number of flights to comply with the rules. Regulators acknowledge there will be an adjustment period, but argue that the increases in safety will benefit the industry overall.

Joseph Ross, 62, and his son, Michael Ross, 32, were killed when their plane crashed near the Missouri-Arkansas border.

According to local media reports, the pair were flying from Danville, Ill. to Austin, Texas when the fatal airplane accident occurred. The plane lost contact with ground radar stations, but did not send out a distress signal. A witness on the ground later came upon the crash site, which was about 90 miles north of Little Rock, and contacted emergency response crews.

First responders were on the scene in minutes, but the plane was in flames when they got there.

Investigators are now trying to determine what caused the Missouri plane crash. It is not known which of the two on-board were flying the plane at the time of the crash. Reports suggest that it began to rain around the time of accident, but it is not known whether this contributed to the incident.

The plane they were flying was a 1982 Cessna T-210.

Joseph Ross was the owner of United Flight Services, a training and rental company located in Watsonville. This is the second crash to connected to the business as last month a Piper Cherokee from the company crashed near the Sierra Nevada mountains.

A massive pile-up on Highway 60 injured 26 people, some seriously, near the town of Essex. 18 vehicles were involved in this Missouri car accident.

According to local media reports and the Missouri Stat Highway Patrol, the accident occurred as a large cloud of thick smoke covered the roadway from a nearby fire started on a farm. A farmer was burning some trash when the blaze got out of control and blanketed the area in thick smoke. While many details have yet to be released, the initial investigation found that three vehicles were involved in the initial collision. Shortly after that crash, a tractor-trailer, driven by Kenneth Loness, 36, came upon the accident scene and braked hard to try and avoid plowing through the damaged cars. In the chaos that followed, another 14 cars crashed into the pile or were run off the road.

Four people sustained serious car accident injuries. They were Jaclyn King, 18; Jackie Chamness, 51; Lana Chamness, 61; and Melissa Reeser, age unknown. Reeser and Lana Chamness' injuries were so severe that they were airlifted to local hospitals for emergency treatment. 22 others sustained moderate to minor injuries. Only seven managed to escape the wreck without injury, according to the initial crash report.

A full investigation into this multi-collision accident is underway, but may take weeks to complete.

It is not known whether the farmer will be issued a citation for his role in the incident.

While the economy is slow in recovering and local municipalities are feeling the pinch, some areas around the country have turned to what many call a "crash tax" as a way of saving some money.

The idea behind a crash tax or accident fee is that a charge will be assessed those involved in a serious car accident to pay for the cost of handling that accident. Many areas have had such fees for years, but the idea is gaining more traction in cash-strapped states, like California.

In a lot of cases, a driver's insurance policy will cover the cost of the accident fee, but not in every case. It would be a good idea to check your own policy and the laws in your city to know if you may be on the hook for one of these charges should you be involved in a wreck.

Theses types of fees vary widely from city to city, but to give you an idea of the costs we are talking about, some fire departments charge over $600 to put out a burning car, $1800 to use the jaws of life and more than $2,000 for an airlift to the hospital.

Legislators who allow these laws on the books argue that emergency response is an expensive job and these fees are necessary to recoup costs. Opponents argue that tax dollars already go to emergency responders and that an accident fee is excessive or even cruel. Some people who know about the fees may refuse needed medical care or fail to report an accident at all out of fear of being hit with one of these fees.

Here in Missouri, along with nine other states, we have banned any so-called crash taxes. This is not the case across the river in neighboring Illinois. One thing illustrated by the notion of crash taxes is the complications involved in handling a car accident injury claim. Laws vary so much from state-to-state and city-by-city that it is imperative you seek an experienced personal injury attorney with extensive knowledge about local laws if you are involved in a crash.

Virginia Daughhetee, 60, was seriously injured in a Missouri car accident that occurred on I-55 in Pemiscot County near Portageville.

According to the Missouri State Highway Patrol, the accident began when a 2004 Chevrolet Trailblazer, driven by Brandi Taylor, 35, rear-ended Daughhetee's 2004 PT Cruiser while both vehicles were traveling southbound on the highway. The impact of the collision sent the PT Cruiser into the back of a tractor trailer and Taylor's vehicle ran off the right side of the roadway and overturned.

Daughhetee was airlifted to St. Francis Medical Center in Cape Girardeau for emergency treatment. Taylor was also injured and taken by ambulance to Pemiscot Memorial Hospital.

Typically, in car accident injury cases, the at-fault driver's liability insurance will cover the damages caused to the injury victim. Occasionally these cases can become complicated by insurance companies trying to limit the amount they pay out. To make sure your rights as an accident victim are protected, it is important to consult the legal advice of an experienced personal injury lawyer.

With mid-term elections on the horizon, politicians have their campaigns in full swing. While it's not quite the dominating story it was last year, healthcare reform continues to be a political lightning rod and the notion that tort reform will drastically reduce costs continues to crop up in interviews and campaign ads.

Generally when the words tort reform are used, it is in reference to capping the damages that can be awarded from a medical malpractice case. The reasoning, according to tort reform supporters, is that frivolous lawsuits and malpractice insurance premiums are driving up the cost of healthcare. If there was a cap on damages, they say, the malpractice insurance premiums would go down and the cost of healthcare for the average person would go down.

The fact of the matter is that malpractice costs make up only 2% of the total cost of healthcare in the United States. Even the most aggressive tort reform proposals would stand to save very little money overall. In fact, in states where damages for injuries caused by medical errors are limited, there hasn't been a dramatic drop in healthcare cost for the average person. Sure, malpractice insurance premiums for doctors and hospitals fall in some cases, but they are such a small percentage of overall cost that the savings aren't passed on to the consumer.

The real tragedy is that these money saving measures can keep injury victims from getting the help they need. If payouts are reduced arbitrarily, it becomes financially impractical for personal injury attorneys to take on certain cases, even if the claims are meritorious. These victims are then left without legal representation and can't get the help they need to recover.

Another benefit of malpractice lawsuits is that they hold negligent doctors accountable for their errors. Most doctors do wonderful work most of the time, but mistakes are made and some doctors have a pattern of negligent practices. Actually, the majority of malpractice cases are brought against a small percentage of doctors. There are also cases where the negligence is so great that punitive damages above and beyond the economic cost of the errors is the only way to properly hold those responsible accountable. These are the types of cases where a foreign object is left in a person's body after surgery or disease is spread because a clinic didn't dispose of syringes after they were used in order to save money.

Tort reform advocates like to say they are trying to lower costs, but if they restrict the ability of malpractice lawsuits to hold negligent healthcare providers accountable, there's a great chance that we will only see an increase in the number of medical errors. 98,000 people already die each year as the result of medical error, making it the sixth highest preventable cause of death in the country. That's the cost we can't afford.