Missouri Accident Lawyer Blog

A serious car accident in Missouri recently injured multiple people. The Missouri highway patrol reported a 2005 Ford Expedition, driven by Dennis E. Sturguss, 45, was traveling southbound when it crossed the center line, striking an oncoming 1998 Chevrolet pickup, driven by Randall R. Bonnette, 54, head-on. The vehicle driven by Sturguss then spun in a counter-clockwise direction, sliding to a stop on the east side of the road. Mr. Bonnette’s vehicle also ended up on the east side of Route A, approximately six miles northwest of Chillicothe.

Mr. Sturguss was not wearing a safety device, and was taken by Chillicothe EMS to Hedrick Medical Center then airlifted to Liberty Hospital by LifeNet. The injuries sustained by Mr. Sturguss are considered to be very serious. Mr. Bonnette was taken by Chillicothe EMS to Hedrick Medical Center where he is also being treated for serious injuries. Mr. Bonnette was wearing a safety device at the time of the crash. Police have not yet determined what caused Mr. Sturguss to cross the center line.

In my experience as a St. Louis car accident attorney, accidents such as this are caused by few seconds of inattention. Most of us are guilty of taking our eyes off the road while reaching to change the radio station, adjust the GPS, reach for food or drink, check on the kids in the back seat, or answer a cell phone call. Unfortunately, it only takes a split second for this type of inattention to result in a potentially fatal accident. Distracted and inattentive driving is at the top of the list as the cause of auto injury accidents in Missouri. If drivers are not paying attention to the road, they risk causing serious injuries or even potentially ending their own life or that of an innocent motorist or pedestrian.

Continue reading " Head-On Collision Leaves Two Chillicothe Residents Seriously Injured " »

A drunk driving car accident in Missouri resulted in numours injuries. A three-car collision on U.S. 63 has resulted in Jason C. Shoot, 35, of Ashland, Missouri being arrested on suspicion of five counts of second-degree felony assault, driving while intoxicated, careless and imprudent driving resulting in an accident and not wearing a seat belt. According to reports, Shoot ran his 2004 Lexus off the right side of the road while traveling southbound on U.S. 63. Shoot’s Lexus then struck a parked 2000 Ford, owned by Joseph Vernon, 17, who was standing near his vehicle when the crash occurred. The crash caused Vernon to be trapped underneath his own vehicle. Shoot’s car then spun out onto the highway where it was struck by a 2006 Ford, driven by Charles M. Phillips, 53.

Joseph Vernon is a resident of Jefferson City, while Mr. Phillips resides in Holts Summit. There were three other passengers in Mr. Phillip’s vehicle, including Faith Phillips, 55, Ralph Kidd, 38 and Eleanora Bailey, 88. Joseph Vernon, the pedestrian, was taken to University Hospital where he was treated for minor injuries. Charles Phillips, Faith Phillips, Ralph Kidd and Eleanora Bailey were all transported by ambulance to University Hospital and treated for minor injuries as well. Jason Shoot refused medical attention at the scene of the accident, and it was noted that all parties were wearing safety devices except Mr. Shoot. Shoot’s bond was set at $22,500. Further details of the accident are pending a full investigation.

Throughout the nation, about one-third of all fatal traffic accidents involve a drunk driver. Statistically, a drunk-driving accident claims the life of one motorist every 45 minutes. In Missouri alone, drunk-driving accidents account for approximately 40 percent of all traffic fatalities. Frequently, a Missouri personal injury lawyer is called upon to assist victims who are doing their best to deal with the tragic aftermath of a driver who got behind the wheel after having too much to drink.

A Missouri car crash on Highway 17 Sunday night claimed the lives of Juanita K. Prater, 57, and Cory D. Parker, 18, and injured three others. According to the Missouri Highway Patrol, Ronald C. Prater, 57, was driving southbound in a 2002 Chevrolet Trailblazer when his vehicle was struck by a 2004 Mitsubishi Eclipse, driven by Dakota L. Ball, 18.

The Eclipse ran off the right side of the road and skidded across the center line, and struck Prater’s car. Other passengers in Prater’s vehicle included the victim, Juanita K. Prater, as well as Olivia Prater, 14. Cory Parker was a passenger in the car driven by Dakota Ball. Mrs. Prater was flown to University Medical Center in Columbia, where she was pronounced dead at 12:50 a.m. Ronald Prater and Olivia Prater were taken by Pulaski County Ambulance to Lake Hospital and were noted to have suffered moderate injuries as a result of this Missouri car crash. Dakota Ball’s passenger, Cory Parker, was pronounced dead at the scene by Pulaski County Assistant Coroner, Mike McCart. Mr. Ball suffered serious injuries due to the wreck and was airlifted to St. John’s Hospital in Springfield. All of those involved in the accident were wearing safety devices except Mrs. Prater. Police are investigating this accident in order to determine the precise cause, as it is not known why Mr. Ball initially ran off the road.

Continue reading " Head on Wreck North of Crocker Missouri Results in Two Fatalities " »

A St. Louis pedestrian accident claimed the life of Rosalind D. Smith, 60, of St. Louis, Mo. According to police, a 62-year old Metro bus driver was fired after hitting and running over Mrs. Smith. St. Louis Police believe Mrs. Smith was crossing the road when the Metro bus hit her. Witnesses saw Mrs. Smith bend down prior to being hit. This tragic pedestrian accident in St. Louis occurred at approximately 9:45 a.m., after Mrs. Smith had exited the bus at DeBaliviere Avenue, near Forest Park Expressway. Apparently the bus driver nor any of the eleven bus passengers felt or saw anything and the bus continued on its route until it was stopped near the St. Louis Zoo.

Two Metro maintenance workers were traveling behind the bus in a pickup truck to perform work in the area when they saw the victim in the street after she had been struck by the bus. Dianne Williams, a Metro spokeswoman, stated it is Metro’s policy to terminate drivers when they are involved in a fatality accident. Police do not anticipate the driver will be charged with a crime, however the investigation is still underway. It is standard procedure in all fatal accidents to test the driver for drugs and alcohol, however the results of those tests could take from twelve to sixteen weeks. The last Metro accident involving a fatality occurred in August of 2007, when a Metro bus ran into a St. Louis County woman’s vehicle from behind as she was merging onto eastbound I-70.

St. Louis pedestrian accidents often result in very serious injuries or death. Pedestrians are especially vulnerable when drivers are distracted. While the exact cause of this Missouri pedestrian accident are not yet known, the investigation may shed some light on the facts surrounding the fatality. A St. Louis lawyer that handles pedestrian accidents may consult with an expert to help reconstruct this incident. Many times, experts are able to determine how and where the injured person was struck by their injuries. In this case, knowing what part of the bus struck this victim will be important in determining whether the bus driver could have seen her.

Richard Upchurch, 25, of Branson, Missouri suffered serious injuries as a result of an automobile crash north of Branson city limits Monday night. The Missouri car crash occurred at 8:10 p.m. as Upchurch was driving his 1990 Volvo south on Route F, three miles north of Branson. Upchurch apparently turned onto the southeast outer road, then lost control of his vehicle, sliding into the path of a northbound 2001 Chevy Suburban driven by Donna Karkosh, 44, of Spokane. Ms. Karkosh’s Suburban then struck the Volvo in the driver’s side door area. Mr. Upchurch suffered serious injuries as a result of this Missouri car crash and was taken by ambulance to St. John’s Regional Center in Springfield. Donna Karkosh and her 12-year old passenger, Cameron Caulfield were taken by private automobile to Skaggs Regional Medical Center in Branson, where they were said to have minor injuries. This Missouri car crash is under investigation, and it is not known what caused Mr. Upchurch to lose control of his vehicle.

Missouri car crashes can be caused by a wide variety of things--from inattention caused by cell phone use, eating, drinking or changing the radio station to bad weather, excessive speed, driving while intoxicated or just sheer negligence. When accidents lead to injuries, as they so often do, a civil lawsuit may result. If you have been involved in an accident with injuries, and wonder whether you have a case, a Missouri personal injury attorney will look at several things to determine whether or not your case has merit.

Missouri personal injury claims will have two general, yet essential, elements: liability, meaning who is legally responsible for your accident, and damages, which encompasses how much compensation you are entitled to. The person responsible for the accident must be deemed to have been negligent, and a mental or physical injury must be directly and proximately caused from this negligence. Once your Missouri car accident lawyer determines whether your specific situation has legal merit, he or she can discuss how best to move forward with your case. Once the investigation process is complete, your personal injury attorney will put together a demand package to the person's insurance company. If the insurance company refuses to pay a reasonable amount to settle your claim, you may need to file a civil lawsuit against the negligent person.

Often times, people believe the negligent person's insurance company will be the party defendant. This is not true. Under Missouri law, the proper party in a motor vehicle accident is the individual who was negligent- not his or her insurance company.

Two lawsuits have been filed in St. Clair County Circuit Court regarding a car accident which took place last April. Alex D. Johnson was driving his vehicle southbound on Union Hill Road, with one passenger, Latanya S. Ford. Travis G. Dillon drove through the intersection of Union Hill Road and Frank Scott Parkway West in Caseyville, striking the vehicle with Johnson and Ford inside. Both Ford and Johnson are claiming Dillon caused the collision, stating he was negligent in failing to keep a proper lookout, failed to properly apply the brakes of his vehicle, failed to reduce his speed to avoid a collision, and failed to yield to Johnson’s vehicle. Ford and Johnson are each suing for disability and disfigurement, pain and mental anguish, lost earnings, incurred medical costs and diminished earning capacity. Ford and Johnson seek a judgment of more than $50,000 in each complaint, as well as costs and any other relief the court deems just. Gregory M. Tobin of Pratt will be representing both Ford and Johnson in their suit.

Injuries suffered by an individual following a serious car accident are meant to be offset through the recovery of compensatory damages. Many times, serious injuries result in the victim incurring staggering medical bills which may encompass a substantial portion or even all of the available insurance coverage. The award of compensatory damages must also take into consideration any possible future medical costs. Actual damages can include monetary awards for medical expenses, property damage and loss of income, while general damages may be awarded in some instances for pain and suffering, mental anguish or lost opportunities in the future.

The victim of an auto accident could be awarded actual damages for the repair or replacement of the automobile damaged in the accident and possibly reimbursement for the required rental vehicle during the time the damaged vehicle is being repaired. If the victim of an auto accident is unable to work due to injuries from the accident, he or she may be entitled to money which would normally be earned during that time period as well as for the loss of a regular paycheck due to necessary medical treatments. The most personal element for the victim of an auto accident is the amount of physical pain endured as well as the level of suffering that pain causes.

Because every individual’s pain tolerance is different, determining the exact amount can be problematic. An experienced Missouri personal injury lawyer can be instrumental in collecting information from medical practitioners, determining the quantity of medication the injured person requires, as well as the various types of medical treatment necessary and the proposed length of those treatments. A Saint Louis personal injury attorney may also speak to the injured person’s spouse or closest friends and relatives to determine the extent of change to the victim’s quality of life. Generally speaking, the sooner you contact a Missouri car accident attorney to investigate your claim, the better, as personal injury cases of this nature are time-sensitive.

The third week of January brought yet another tragic car accident to Texas County, Missouri. This wrongful death accident took place at 3:55 p.m. on January 19th on Route AW in Evening Shade, and was responded to by Troop G of the Missouri Highway Patrol. Gregory Williams, 53, was traveling Westbound in a 2002 Dodge truck when he failed to yield, striking the side of the 2001 Lincoln Navigator driven by Veronica Burke. Ms. Burke was traveling Northbound at the time of the crash. Other passengers in the Navigator included Brandon Burke, 24, Robert Belmontes, 12, and Marissa Belmontes, 5, all Plato residents. The Navigator traveled off the roadway, returned to the roadway, then overturned, finally coming to rest on its side in the road after ejecting all four passengers.

Ms. Burke was transported to Fort Leonard Wood Hospital where she was pronounced dead at 7:56 p.m. The other three victims were transported to the same hospital, where doctors examined them and determined they had all suffered serious injuries as a result of the car crash. None of the passengers in the Navigator were wearing safety devices at the time of the accident. Mr. Williams apparently suffered only minor injuries, and the investigation is still underway to determine whether his failure to yield was due to inattention, excessive speed, gross negligence, or another reason.

Although the reasons for this particular crash have not been determined, many crashes such as this occur when drivers are distracted by such things as talking on a cell phone, texting, eating and drinking, changing a radio station or using a GPS. More than 20 percent of all automobile crashes in the United States are caused by distraction, in one form or another. Over 6,000 people per year are killed due to driver distraction, and another half a million suffer minor to severe injuries. In fact, studies have shown using a cell phone can impair the driver’s ability to drive safely as much as having a .08 blood alcohol concentration.

Although many states are passing laws which will ban cell phone use or texting while driving, we still see accidents on a daily basis that could have been avoided if the driver had been paying attention. Hopefully the state legislatures in Missouri and other states will soon pass laws to ban usage of cellular devices without hands-free technology. Please contact your state representative today and express you concerns about cell phone usage and distracted driving.

A study just released by the Insurance Institute for Highway Safety concludes red light cameras have reduced the rate of fatal crashes by nearly 25%. The study was conducted in fourteen large cities who introduced the red light cameras at some point between 1996 and 2004. The study correlates the red light cameras with a drop in fatal intersection crashes with traffic signals. The theory is that people are paying more attention when they come to an intersection in fear of getting a traffic citation. The Institute finds red light cameras to be both cheaper and safer to the alternative of officers enforcing traffic laws at each intersection. Contrary to these findings, the executive director of the National Motorists Association argued the cameras have failed in significantly reducing fatalities and cited studies which show the cameras actually increase crashes, especially rear-end collisions.

Just a few weeks ago, the Missouri Highways and Transportation Commission adopted a policy to regulate the use of traffic cameras across the state in an attempt to ensure the technology is used in a consistent and fair manner. Last October, the Missouri Department of Transportation suspended the installation of new red-light cameras on roadways owned by the state while they took the matter under review. The latest policies adopted by MHTC require that only a certified law enforcement officer determine the violations, that local officials must conduct a public awareness campaign prior to issuing red-light citations, that signs must be posted in advance stating cameras are monitoring the intersections and that all cities and counties will be required to submit an annual report which provides appropriate safety and citation data. MoDOT traffic studies showed a 45 percent reduction in right angle crashes causing fatalities and serious injuries at intersections, but also found the cameras actually caused a 14 percent increase in collisions which caused minor injuries or no injuries.

Last March, Missouri courts ruled cities did not have the authority to treat red light violations in the same way a parking ticket is treated. The Missouri high court essentially said that no city in Missouri has the authority to issue a civil violation which carries no points. Nationwide, state supreme courts appear to be evenly split on the issue of photo enforcement and Missouri’s Supreme Court joined in with the Minnesota high court in 2007 in declaring red light cameras illegal. Other states have declared cameras consistent with state law.

With the wide array of views regarding the use and legality of red light cameras, it’s easy to be confused about whether they are or are not safe and legal. If you have doubts regarding this issue, it can be a good idea to contact a Missouri car accident attorney to determine your legal rights. Red light cameras appear to be a hot topic that you will hear more about in the future.