Posted On: April 4, 2011 by Ryan Bradley

Man Killed in Perry County Missouri Head-On Collision Between Two F150s

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.

If you would like to understand how Missouri seat belt laws affect your claim after a Missouri car accident, contact a Missouri accident lawyer who understands how seat belt statutes will apply to your case.