Missouri Accident Lawyer Blog

A Cooper County Missouri car accident on Old Hwy 40 at Dunkles Road sent three Boonville citizens to the hospital for medical treatment. The Missouri rollover auto accident occurred on April 29, 2011 at 5:57pm.

18-year-old India R. Bloom from Boonville, Missouri attempted to make a left turn while driving a 1997 Ford Escort. As she crossed the centerline of the roadway, her vehicle was struck by a 2001 Dodge Truck. Melvin L. Gregory, 53, of Boonville drove the Dodge. After striking Bloom’s vehicle, Gregory’s truck drove off the roadway and down a ravine. The truck overturned, coming to rest on its side.

Gregory and his occupants sustained the only reported injuries of the accident. Gregory, who was reportedly not wearing a safety device, suffered moderate injuries. EMS transported him to Cooper County Memorial Hospital in Booneville, Missouri. Occupant Kendy H. Gregory, 45, sustained serious injuries. She was transported by Staff for Life to the University Hospital in Columbia, Missouri. Kasey J. Terrell, only 8 years old, also sustained injuries in the accident. Her injuries were less severe than the others, but she was the only injured party wearing a safety device.

The potential for injury in a Missouri rollover car crash is high. Rollover car accidents account for a disproportionate number of car fatalities. 30% of car accident fatalities are from rollover car accidents, while they only account for 5% of car accidents. The heightened risk of fatality may a result of vehicle design. Trucks, SUVs, and minivans are more likely to rollover because they have a higher center of gravity. Poorly constructed rollover bars and inadequate roof strength contribute to the serious injuries caused by Missouri rollover accidents. These serious injuries may include traumatic brain injury, spinal cord injury, or neck injury, among others. The devastating injuries that result from rollover car accidents highlight the importance of wearing a safety device while in an operating motor vehicle.

Investigations following a rollover accident can be complicated affairs. While an investigation may be simple if the accident was the result of obviously negligent driving, the cause of a rollover accident is often more difficult to discover. Defective tires, potholes, driver negligence, and items left in the road are some of the many contributing factors to rollover accidents.

Continue reading " Cooper County Missouri Crash Injures Three from Boonville " »

A Missouri rear end collision in Iron County, Missouri has left three Missourians injured. The accident occurred on MO-21 at 12:20pm on April 26, 2011.

Both vehicles traveled northbound on MO-21, just 2 miles south of Arcadia. Jeffrey A. Thomas of Annapolis, Missouri slowed a 1997 Ford to turn right into a driveway. Lakota A. Wilkins, also of Annapolis, crashed a 2007 Chevrolet into the rear of Thomas’s vehicle. The Missouri rear impact car accident damaged both vehicles and injured three people in Thomas’s vehicle.

Thomas sustained injuries in the collision along with occupants Leo C. Thomas from Annapolis and Jeremiah E. Jackson of Ironton, Missouri. Two of the injured parties were taken by ambulance to Iron County Hospital in Pilot Knob. Leo Thomas was taken to Mineral Area Regional Medical Center in Farmington. No injuries were reported for Wilkins. All parties wore a safety device.

Inclement weather conditions often create hazards on the road that increase the likelihood of Missouri rear end car accidents. Over one million accidents per year are weather-related crashes. The recent onslaught of high winds, rain, and apparent tornadoes means drivers need to be more careful on the road to avoid rear end car accidents. Precipitation decreases the friction of pavement so suddenly slowing a vehicle is risky. Precipitation decreases visibility, so identifying sudden changes in traffic conditions is more difficult.

Weather conditions impact accident risk, so drivers should change their driving strategies. Drivers typically should operate their vehicles at a lower speed during inclement weather. Drivers should also take care not to follow other vehicles too closely. While drivers should always leave a substantial distance between themselves and the vehicle in front of them, this rule of thumb becomes imperative when the pavement is slick from rain. Driving prudently is a good way to avoid Missouri rear end collisions during inclement weather.

Continue reading " Iron County Missouri Rear End Accident Injures Three " »

A teenager from Pacific, Missouri was taken to the hospital after a St. Louis County Missouri car accident occurred on I-44 at 10:50am on April 25, 2011.

17 year old John T. Norton from Pacific, Missouri was taken to St. Clare Hospital in Fenton by Eureka Ambulance after a Missouri side impact collision. Norton, who was driving a 1995 Pontiac Firebird, veered into another lane while driving on eastbound I-44, west of Fox Creek Road. The left side of the Firebird struck a 2008 Chevrolet Silverado in a Missouri side impact car accident. The Silverado was driven by Gary M. Miles, 59, of Beaufort, Missouri. After striking Miles’s vehicle, Norton travelled across two lanes and struck the concrete median barrier. Miles pulled over into the right shoulder after the accident. Teenaged Norton sustained the only reported injuries in the accident.

Car accidents are the leading cause of death for teens in America. According to the National Highway Traffic Safety Administration (NHTSA), teens between the ages of 16 and 20 account for the largest number of car accidents and car accident fatalities in a year. Younger, less experienced drivers are at substantial risk of injury and death in Missouri car accidents. Teen drivers lack knowledge gleaned over time from driving experience about safe driving and accident avoidance. The statistics indicate that Missouri driver education for teens should be seriously considered.

Teen driver education courses provide practical information about Missouri traffic laws, safe driving, and even car maintenance. Through driver education courses, teens may learn how to change flat tires after a blowout without interfering with traffic or causing a Missouri car accident. Teens may also learn how to use jumper cables when having battery trouble. Accident evasion and avoiding dangerous drivers may be a part of the teen driver education curriculum. The perils of driver distractions like text messaging and eating may additionally be discussed. Teens are not the only drivers who would benefit from driver education. Even experienced drivers should consider Missouri defensive driver courses.

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A Missouri front end car accident injured four Missourians in Lafayette County, Missouri. The Missouri front end collision occurred on April 18, 2011 at 5:23pm.

Both vehicles were driving in opposite directions along the center of Rolling Hill just east of MO-213. A 2004 Hyundai driven by Melanie R. Dysart, 23, of Dover, Missouri traveled eastbound in the center of the roadway. A 1989 Nissan driven by Tiffany R. Earnest, 19, of Higginsville, Missouri traveled westbound in the center of the same roadway. The two vehicles met at a hillcrest and collided head-on.

Four Missourians were injured in the accident; most were not wearing a safety device. Earnest suffered serious injuries. Higginsville E.M.S. took her to the Research Medical Center in Kansas City, Missouri. Gary J. Earnest, 22, was also seriously injured. The Lifelight Eagle air ambulance transported him to Truman Medical Center. Dysart was moderately injured in the Missouri front end car accident. Higginsville E.M.S. transported her to Centerpoint Hospital.

Tilan L. Sinkler, a toddler of only 1 year of age, sustained minor injuries. He was the only injured party who wore a safety device. The toddler would have likely suffered greater injuries if he was not secured in an appropriate safety device.

Protecting small children from serious injury and death in a Missouri front end car collision is primary purpose of child passenger restraint laws. Missouri’s child passenger restraint law requires that any child less than 4 years old must be secured in a child restraint system. If the child is under 4 years of age, the child’s weight is irrelevant to the requirement. Any child less than 40 pounds in weight, regardless of age, is required to be secured in a child restraint system. A booster seat or child restraint system is required for children who weigh more than 40 pounds but less than 80 pounds.

Missouri’s child passenger restraint law protects the safety of children on the road. According to the Center for Disease Control and Prevention, child passenger restraint systems reduce the risk of death for toddlers ages 1 to 4 years in a Missouri car accident by 54%. Child restraint systems decrease the risk of infant death in a car accident by 71%. Utilize a booster seat or child restraint system for any passenger under the age of 8 to prevent serious injury and death in Missouri.

Continue reading " Head-On Collision in Lafayette County Injures Four Including Toddler " »

A two vehicle accident caused extensive damage in Butler County, Missouri. The Missouri wrong way car accident occurred on April 17, 2011 at 5:35 pm. The accident was located on Apple Street at Mill Street in Popular Bluff, Missouri.

Joshua R. Stewart, 27, drove the wrong way down a one way street in a 2008 Ford Crown Victoria. When he reached an intersection, Stewart failed to yield to traffic. Stewart crashed his vehicle into the 1997 Pontiac driven by Georgia N. Dudley, 23.

Both vehicles sustained extensive damage in the Missouri car crash. Dudley was reportedly not wearing her safety device. Dudley suffered the only reported injury of the accident. An ambulance took Dudley to the Poplar Bluff Regional Medical Center. Both Stewart and Dudley were from Poplar Bluff, Missouri.

Missouri wrong way auto accidents may have several contributing factors. The driver at fault may be confused or under the influence of drugs or alcohol. Recklessness and driver negligence may also be the cause. Drivers may incorrectly read a GPS device or a navigation application on a smartphone. Regardless of the cause, Missouri wrong way accidents endanger highway safety. Wrong way accidents are particularly dangerous because they often double as Missouri front end collisions.

If you see a wrong way driver on a roadway while driving, take care to avoid and alert the wrong way driver. Avoid the wrong way driver by safely pulling over to the shoulder of the roadway and stopping. If there is no shoulder on the roadway, pull over to the right and attempt to safely stop your vehicle. When stopping or pulling over, stay aware of the traffic behind and to the side of you. Alert the wrong way driver by sounding your horn. Put on your lights and flash your highbeams to provide additional notice to the wrong way driver. Stay aware of your surroundings and accommodate the wrong way driver as he or she adjusts. Hopefully, the extensive damage and personal injury often caused by Missouri wrong way car collisions will not occur.

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A Missouri rear impact car accident moderately injured three Missourians. The Missouri car accident occurred on April 15, 2011 at 3:40pm in Lawrence County, Missouri.

20 year old Sherry C. Marks of Aurora, Missouri was stopped in traffic in a 2002 Dodge Stratus. Then, a 2004 F150 slammed into the rear end of the Dodge, causing a Missouri rear end collision. The F150 was driven by Clayton P. Sumners of Aurora, Missouri.

Marks was moderately injured in the accident. Her two occupants – Cory K. Haumann and Gregory T. Owens – were also moderately injured. The injured parties went to St. John’s Hospital in Springfield, Missouri for medical treatment. The Highway Patrol did not report any injuries for Sumner, the 16 year old driver of the F150.

Missouri distracted driving is a serious problem affecting local teens. The Missouri State Highway Patrol says that distracted driving is the number one contributing circumstance of Missouri car crashes. According to the National Teen Driver Survey, 90% of teens say they have seen passengers distracting a driver or drivers using cell phones while operating a vehicle. While distracted driving affects all age groups, Missouri has adapted laws to specifically address distracted driving in teens.

Missouri statute §304.820 prohibits drivers 21 years of age or younger from sending an electronic message on a hand-held device while operating a vehicle. The statute specifically bans text messaging while driving. However, the law is written broadly enough to also ban emails, facebook messages, and miscellaneous app messages. The Missouri statute aims to decrease the Missouri distracted driving caused by electronic hand-held messaging.

Changes to Missouri’s graduated driver’s license aim to decrease the Missouri distracted driving caused by passenger distractions. Young drivers can only have a limited number of occupants while they operate a vehicle. Drivers 16 years of age may only have one non-family member under the age of 19 as an occupant for the first six months of a having a driver’s license. Fewer passengers mean fewer passenger distractions for the young driver.

Continue reading " Lawrence County Missouri Rear Impact Car Accident Injures Three " »

Two Missourians from Holt Summit, Missouri were injured in a Missouri front impact car accident that was caused by an inattentive driver. The Missouri front end collision occurred in Callaway County, Missouri on April 11, 2011 at 4:29pm.

The Missouri car accident occurred on Old US-54, just south of Route TT. According to reports, 24-year-old driver Donalee E. Lomprez of Holts Summit, Missouri inattentively reached for her cellular telephone while driving. While reaching for her phone, Lomprez crossed the centerline of the roadway in a 2003 Volkswagen. Lomprez crashed into a 1998 Buick driven by Nina J. Rembold, 76, of Holts Summit.

The Missouri front impact car accident seriously injured Rembold, who was wearing her safety device. An ambulance transported Rembold to the University Hospital in Columbia, Missouri. Lomprez was only moderately injured and transported to Capital Region Medical Center in Jefferson City, Missouri. Both vehicles were totaled in the accident and towed from the scene.

Inattentive drivers endanger everyone by allowing dangerous Missouri driving distractions to take their mind off the road. Texting, talking on the phone, adjusting an mp3 player, and consulting a GPS device are all on the laundry list of distracting activities than drivers routinely engage in while on the road.

Research indicates that Missouri distracted driving is often the cause of serious Missouri car accidents. According to the Insurance Institute for Highway Safety, drivers who use handheld devices are four times more likely to get into car accidents serious enough to cause injury. A study from the University of Utah found that using a cellular phone while driving –hand held or not – was comparable to having a blood alcohol concentration at the legal limit of .08. Dangerous Missouri driving distractions may impair the ability to drive as much as alcohol. The National Highway Traffic Safety Administration estimates than 448,000 people were injured in crashes that involved distracted driving in a single year.

Continue reading " Inattentive Driver Causes Callaway County Head-On Collision " »

An Osceola, Missouri man died in a fatal Missouri motorcycle accident on April 10, 2011 at 5:14pm in Henry County, Missouri.

Terrence Y. Cashell, 49, drove a 2002 Harley Davidson on MO-13 in Henry County, Missouri on Sunday evening. Cashell was driving at the intersection of MO-13 and Northeast 400 Road when an unknown driver struck Cashell’s motorcycle with a 2001 Chevrolet. Cashell was ejected from the Harley Davidson in the Missouri motorcycle accident.

The unknown driver continued to drive after striking Cashell and left the scene of the accident. Cashell was pronounced dead at the scene of the accident by Henry County Coroner Dain Sisk. The Missouri motorcycle crash totaled the Harley Davidson.

Motorcycles are generally more dangerous than automobiles and trucks. If a motorcyclist is hit in a Missouri auto accident, the motorcycle provides little to no protection from the force of the collision. Extensive injuries may result from even low-speed motorcycle accidents. A collision that would be minor with an automobile becomes deadly with a motorcycle.

Missouri has enacted motorcycle safety laws to decrease motorcycle accident fatalities and Missouri motorcycle accident injuries. For example, motorcycle accidents may result in traumatic brain injury. In response to this risk, Missouri statute §302.020 requires that motorcycle drivers and passengers wear a helmet while operating on any highway in Missouri. The state government establishes guidelines and specifications for protective headgear that motorcyclists should wear. Anyone who violates §302.020 by operating or riding on a motorcycle without an appropriate helmet is guilty of a class A misdemeanor. Three or more violations result in a class D felony.

Missouri statute §577.060 prohibits leaving the scene of a Missouri motorcycle crash. Leaving the scene of the accident is typically a class A misdemeanor. However, if the accident results in physical injury to another party, the violation becomes a felony. When the accident causes a death, a serious investigation may follow.

Continue reading " Osceola Missouri Motorcyclist Killed in Hit-and-Run Accident " »

Four injured Missourians and two totaled vehicles are the result of a Madison County, Missouri car accident after a driver failed to stop at a stop sign.

The Missouri side impact car accident occurred when Amber M. Lewis, 27, of Bixby, Missouri failed to stop at a stop sign on Business 67 in Cherokee Pass while driving a 1997 Plymouth. Lewis drove into the path of Whitney N. Kemp, 18, of Fredericktown, Missouri. Kemp was driving a 2000 Mercury. The crash caused both vehicles to run off the roadway, down an embankment. According to the Missouri State Highway Patrol, both vehicles were burned in the accident.

Both drivers were injured, as well as their passengers. Lewis suffered moderate injuries. Her occupant, Bruce E. Copeland of Bixby, Missouri sustained moderate injuries in the accident. Lewis and Copeland were taken by ambulance to Madison Medical Center in Fredericktown, Missouri. Neither wore a safety device during the Missouri auto accident.

Robert D. Berry of Fredericktown, Kemp’s occupant, suffered serious injuries in the Missouri car crash. Kemp suffered minor injuries. They were taken to the Parkland Hospital in Farmington, Missouri by ambulance and private conveyance, respectively.

Missouri statute §304.271 requires drivers to obey the instructions of a traffic-control device, including stop signs. The statute only exempts drivers of authorized emergency vehicles, or drivers being directed to disobey the . A driver who fails to stop at a stop sign violates the statute. Violating §304.271 is a class C misdemeanor.

Statute violations can be used to prove driver negligence. A victim of a successful negligence claim after a Missouri car accident will show that: (1) the driver owed a duty to the victim, (2) the driver breached the duty, (3) the breach was the cause of the injury to the victim, and (3) the victim has sustained a loss as a result of the breach and injury. Traffic statutes establish the legal duties which drivers owe to passengers, pedestrians and other drivers. When a driver violates a traffic statute and causes an accident, they may also be breaching a duty owed to the victim. If the victim can prove by a preponderance of the evidence that the defendant was negligent, the defendant must pay the victim compensation for injuries sustained.

Continue reading " Four Missourians Injured in Burning Car Accident in Madison County Missouri " »

Four injured Missourians and two totaled vehicles are the result of a Missouri side impact collision at the intersection of MO-13 and Route T on April 2, 2011at 3:35pm.

This St Clair County Missouri car accident occurred as George F. Hays, 55, of Weaubleau, Missouri drove a 2001 Chevrolet 2500 on MO-13. Scott A. Keeler, 40, of Osceola, Missouri was traveling on Route T at its intersection with MO-13 in a 2007 Ford Police Interceptor. Keeler failed to yield and pulled into Hays’s path. The front end of Hays’s vehicle slammed into the passenger side of Keeler’s vehicle.

Four people were injured in the Missouri side impact car accident. Hays was seriously injured. Hays’s occupant Benjamin W. Hays, 30, of Weaubleau, Missouri was moderately injured. Keeler was seriously injured. His occupant, Billy D. Wood, 22, of Collins, Missouri was moderately injured. According to reports, the drivers and passengers were all wearing their safety devices. Keeler was transported by helicopter to St. Johns Hospital in Springfield, Missouri. The others were taken to the Sac-Osage Hospital in Osceola, Missouri. Both vehicles were totaled in the failure-to-yield accident.

Missouri statute §304.351, also known as Clutch’s Law, regulates failure-to-yield traffic accidents. A relatively recent change in the law imposed increased penalties for failing to yield to existing traffic on a roadway. If the failure-to-yield violation results in physical injury, serious physical injury, or death to a person, there is an additional penalty and driver’s license suspension.

A victim of a Missouri car accident can use a violation of Clutch’s Law as evidence of negligence in a lawsuit to recover compensation for injuries. If the statute was intended to protect the victim from the harm that caused the injury to the victim, the statute violation will help establish that the defendant’s negligence. A successful negligence claim results in compensation paid to the victim for the injuries sustained in the accident.

The role that statute violations play in proving negligence is different across jurisdictions. In some jurisdictions, the statute violation establishes that the defendant behaved negligently. In others, a statute violation is mere evidence of negligence and the victim has to show more evidence.

Continue reading " Four Injured in St Clair County Missouri Broadside Collision Near Osceola " »

One man was killed and another man moderately injured in a Missouri front impact car accident when two F150s crashed on Route H in Perry County Missouri on April 4, 2011 at 8:07am.

Michael T. Tomkins, 39, of Herrin, Illinois was driving on Route H just .1 miles east of PCR 936 when his right wheel dropped off the side of the roadway. Tomkins overcorrected, causing the 1998 Ford F150 he drove to partially travel off the other side of the roadway. James E. Buck, 44, of Cape Girardeau, Missouri tried to swerve a 2004 Ford F150 off the roadway to avoid hitting Tomkins. Nevertheless, the two F150s collided in the Missouri front end collision, causing Buck’s vehicle to overturn.

Tomkins was pronounced dead at the scene by the Assistant Coroner at 8:45am. Buck was transported by the Perry County Ambulance to the Perry County Memorial Hospital with moderate injuries. Both of their vehicles were totaled. Tomkins was reportedly not wearing his safety device.

Missouri statute §307.178 currently requires that all drivers and front seat passengers wear a seat belt. The statute allows for secondary enforcement, meaning that law enforcement officers do not stop or detain anyone solely because of the seat belt law. Postal workers and agricultural workers are exempted from the law while performing their duties. People with a medical reason for not wearing their seat belt are also exempted from the law.

Missouri safety advocates have repeatedly pushed to change the law. MoDOT and the state transportation director want lawmakers to change §307.178 to allow primary enforcement. Primary enforcement would allow law enforcement to pull over cars in which some is not wearing a seatbelt. Safety advocates additionally want the law to require all passengers to wear a safety belt, not just front seat passengers.

Not wearing a seat belt greatly increases the risk of Missouri serious injuries and fatalities. According to MoDOT, 80% of Missouri teens that died in car accidents were not wearing a seat belt. Two thirds of Missouri car accident fatalities were people who were not wearing their seat belt. Only 76% of Missourians wear their seatbelt while driving – a rate that lags behind the national average. Wearing a seatbelt is key to preventing Missouri car accident injuries.

Continue reading " Man Killed in Perry County Missouri Head-On Collision Between Two F150s " »

An investigation continues after a destructive Clay County car accident causes a vehicle to drive off the roadway and catch fire on April 2, 2011 at 9:30am.

Douglas E. Beckner, 41, of Kansas City, Missouri traveled on M92 in a 2004 Nissan Frontier on Saturday morning. Beckner made a left turn onto Five Corners Road into the path of the 1991 Dodge Ram driven by Derek B. Johnson, 18, of Kearney, Missouri. Beckner’s vehicle was left in the middle of the roadway after the Missouri side impact collision. Johnson’s Dodge drove off the roadway into a field and caught fire.

Beckner was moderately injured in the crash. His occupant, Kyle J. Beckner, suffered minor injuries. E.M.S. transported both of the injured parties to North Kansas City Hospital. No injuries were reported for Johnson. Both vehicles were totaled and towed from the scene.

According to the Missouri State Highway Patrol, an investigation into the accident continues. Charges are pending. The Missouri car accident was investigated by Trooper B. Sanson. Trooper Sanson was assisted by Sergeant R. Fletcher and the Clay County Sheriff’s Department.

The specific charges being considered by the authorities in this accident remain unreported. Sanctions after Missouri auto accidents range from fines to jail time. Fines are imposed after Missouri car accidents in which traffic violations play a role. For example, fines may be imposed for driving in excess of the speed limit or failure to obey a traffic control device. At the other extreme, the prosecution may charge vehicular homicide in the event of a fatality caused by the accident. Driving while intoxicated is a charge often used after auto accidents involving drugs and alcohol. The party-at-fault must handle the cost of any criminal sanctions in addition to any compensation that may be owed to the victim of the accident. In fact, criminal sanctions against the party-at-fault may help the accident victim’s claim.

Criminal sanctions against the party-at-fault may bolster the victim’s negligence claim. Even a typical traffic violation can be used as evidence of negligence. A statute violation establishes negligence when the victim of the violation was the type of person the statute intended to protect, and the injury sustained by the victim was the kind that the statute aimed to prevent. Drivers, occupants, and pedestrians are the type of people that most traffic statutes intend to protect. Missouri car accident injuries are the kind of injuries that traffic statutes aim to prevent. When drivers, occupants, or pedestrians are injured in car accidents involving a statute violation, they can use that violation to better argue for compensation.

Continue reading " Charges Pending After Vehicle Catches Fire in Clay County Collision " »