Missouri Accident Lawyer Blog

A man from Park Hills, Missouri and another man from Caledonia, Missouri were seriously injured in a Saint Francois County Missouri rollover accident. The Missouri rollover accident occurred on June 23, 2011 at 6:10pm.

The Missouri rear impact car accident occurred as both vehicles traveled north on Flat River Road, just south of Fairgrounds Drive. According to the Missouri State Highway Patrol, Carl F. Furry of Park Hills, Missouri was traveling at a high rate of speed in a 1988 Ford F150. The front of the F150 slammed into the rear of a 1997 Chevrolet S-10 driven by Robert E. Payne of Caledonia, Missouri. The F150 ran off the right side of the roadway, striking a tree. The Missouri rollover accident ended as the F150 overturned.

Both drivers were seriously injured. Payne wore a seat belt during the accident, while Furry did not. The injured parties were transported to St. John’s Mercy Medical Center in Creve Coeur, Missouri. Furry was taken by Air Evac helicopter and Payne was transported by the Arch Helicopter.

The terrain in Saint Francois County is hilly and sloped. Hilly terrain is beautiful, but it makes controlling speed more difficult. Drivers should monitor their speed in hilly terrain to avoid Missouri rear impact car accidents. According to the United States Census Bureau, there were more than 11,000 speeding-related traffic fatalities each year. In Missouri, more than 400 speeding-related fatalities occur each year. The risk of a fatality dramatically increases at 55 miles per hour. High rates of speed cause a high rate of speeding accident fatalities.

Missouri traffic statutes are designed to deter drivers from speeding. Missouri statute §304.012.1 is the basic speed rule for the state: “A person shall operate a motor vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.”

A Missouri driver may violate statute §304.012.1 while driving slower than the posted speed limit. If driving at the posted speed limit endangers person or property, then driving at that rate of speed is in violation of the statute. Drivers often violate this statute by driving the posted speed limit in inclement weather or on poor road conditions. Drivers should operate at a lower rate of speed in those conditions to decrease the risk of an accident.

Continue reading " Two Men Seriously Injured in St. Francois County Missouri Rollover Accident " »

Arlen L. McGee from Sturgeon, Missouri died after being ejected from his vehicle in a Boone County Missouri car accident. McGee was driving eastbound on Peabody Road at US-63 when the Boone County Missouri car collision occurred on the night of June 26, 2011.

McGee, who drove a 1994 Chevrolet, failed to yield to a 1995 Mercury driven by Kelsey L. Bruce of Hallsville, Missouri. McGee’s Chevrolet slammed into the passenger side of Bruce’s Mercury before crashing into a road sign. The Chevrolet overturned in the Missouri side collision accident, ejecting McGee. McGee was pronounced dead at the scene of the accident by Boone County Medical Examiner Dori Burke. McGee did not wear a seat belt during the accident.

Two other Missourians were injured in the Missouri side impact car accident. 18 year old Kelsey Bruce was moderately injured. She was taken to the University Hospital by ambulance. Steve R. Touchton, a 19 year old from Hallsville, sustained minor injuries. Touchton refused medical treatment at the scene of the accident.

According to data from the National Highway Traffic Safety Administration (NHTSA), each year more than 20,000 Americans die in traffic accidents while not wearing a seat belt. This figure is decreasing because of improved seat belt use. However, the number of deaths caused by unrestrained driving in Missouri side impact car accidents is still too high.

Many areas in the United States have enacted tough seatbelt laws to decrease the number of traffic fatalities. Primary seat belt laws enable law enforcement officers to ticket drivers and occupants for not using a safety belt, even when there are no other traffic offenses. 31 states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands all have primary seat belt laws. Missourians may only be ticketed for seat belt issues if they commit another traffic infraction. 18 states, including Missouri, have passed secondary seat belt laws.

Continue reading " Sturgeon Missouri Man Ejected in Boone County Collision " »

A daytime stroll was almost deadly for an Illinois toddler who was saved from an Illinois car accident by her nanny. Jennifer Anton, a 25-year-old from Kansas City, took baby Tyler on a daytime stroller walk on Saturday afternoon. Suddenly, a white Streets and Sanitation truck accelerated towards the curb. Anton pushed the stroller away just before the pickup truck slammed into her. In all, seven people including Anton were injured in the accident. Anton was one of two people in serious condition after the accident.

The accident was caused when Dwight Washington, a City of Chicago worker, crashed into a group of people in the Gold Coast neighborhood. Washington drove a municipal F-150 into a crowd while he was intoxicated. According to reports, his blood alcohol level was .183, which is more than twice the legally allowed legal he sat next to an open bottle of brandy.

Washington was held on $400,000 bond. He was charged with several counts of aggravated driving under the influence and two counts of misdemeanor driving under the influence. Other citations include failure to reduce speeding, transporting open alcohol in a vehicle, and negligent driving. Washington faces lawsuits as a result of the Illinois car accident. The City of Chicago also faces lawsuits about the accident.

The tort principle of respondeat superior allows accident victims to sue the employer of the driver-at-fault when the driver-at-fault was acting within the course of employment. In this instance, Washington was a municipal worker who drove a municipal vehicle. The accident victims may successfully sue the City of Chicago for their injuries through respondeat superior.

Sovereign immunity may complicate a lawsuit against municipal employers. Traditionally, governments were immune from tort lawsuits – a concept known as sovereign immunity. Sovereign immunity is still in effect unless a public entity expressly waives it. If a public entity like a state or city chooses not to waive its sovereign immunity, accident victims may not sue the public entity for compensatory damages.

Missouri expressly waived its sovereign immunity when a Missouri car accident is caused by a public employee. Missouri statute §537.600 states that immunity for public entities is waived when an accident victims suffers from “[i]njuries directly resulting from the negligent acts or omissions by public employees arising out of the operation of motor vehicles or motorized vehicles within the course of their employment.” When a public employee injuries an accident victim in a Missouri car accident, the accident victim may sue the government through respondeat superior.

Continue reading " Nanny Saves Toddler from Chicago Illinois Drunk Driver " »

A Jefferson City Missouri pedestrian accident resulted in injuries for a 22 year old on Wednesday. The Cole County pedestrian accident began when Abby Luetkemeyer, 20, turned left from a K-Mart parking lot on the 2300 block of Missouri Blvd. Luetkemeyer turned a 2002 Chevrolet truck into the center lane to merge into traffic. As Luetkemeyer turned, 22 year old pedestrian Serenity Crump walked across Missouri Blvd. Luetkemeyer’s Chevrolet struck Crump. Crump was sent to a local hospital with moderate injuries after the accident. Both Crump and Luetkemeyer were from Jefferson City, Missouri.

The public did not react to the Jefferson City pedestrian accident with surprise. One Jefferson City resident wrote online, “I see people trying to cross MO Blvd on foot all the time. It's insane. The city needs to implement safe ways for pedestrians to get across or this kind of accident will become more prevalent.”

Roadways in Jefferson City are becoming more congested. As a result, an astonishing number of traffic accidents occur there. Data from the Missouri State Highway Patrol ranks Jefferson City as 14th among the 734 Missouri cities in traffic accidents. There are more than 1,000 traffic accidents in Jefferson City each year, many resulting in injury. Pedestrian accidents are likely to increase. Congested streets without crosswalks at regular intervals may be particularly dangerous for pedestrians. Missouri Blvd, and other major roads without sidewalks on both sides, are often the location of pedestrian accidents as well.

Jefferson City Missouri pedestrian accidents may be caused by both the driver and the pedestrian accident victim. If the accident was partially caused by the pedestrian accident victim, the doctrine of comparative fault may decrease the accident victim’s recovery in a lawsuit. The driver’s defense attorney may argue that the pedestrian was partially at fault because she was jaywalking or walking against a stop signal. To defeat these arguments and preserve their compensation, pedestrian accident victims should obtain experienced plaintiff’s lawyers who specialize in Missouri pedestrian accidents.

Continue reading " Pedestrian Injured in Jefferson City Accident on Missouri Blvd " »

Two Ash Grove residents were injured when the mechanical failure of a pickup truck caused a Greene County Missouri car accident. The Greene County Missouri car accident happened near Ash Grove, Missouri on June 13, 2011.

Donald K. Bouling was driving on County Road 76 near Ash Grove, Missouri when his 1930 Ford Pickup experienced an unexplained mechanical failure. The pickup suddenly went into reverse and drove off the left side of the road. The pickup crashed through a fence and overturned. The Missouri pickup truck accident injured two Ash Grove residents. Driver Donald K. Bouling, 68, was moderately injured. Occupant Nedra A. Bouling, 69, sustained minor injuries. Both of the accident victims were taken by ambulance to St. John’s Hospital in Springfield, Missouri.

The Missouri State Highway Patrol did not specify the mechanical failure that caused the Missouri pickup accident. Mechanical failures vary widely because motor vehicles are complex machines. Seemingly small problems may result in a traffic accident.

Several parties contribute to the mechanical integrity of a motor vehicle. Drivers have a duty to properly maintain their motor vehicle. If a driver fails to have the vehicle inspected or refuses repairs, the driver may be legally accountable for injuries caused by related mechanical failure. Mechanics have a duty to perform repairs correctly. If a mechanic improperly repairs a vehicle, the mechanic could be legally responsible for injurious mechanical failure. Manufacturers have a duty to make motor vehicle parts without defects. If a manufacturer created a part with a manufacturing defect or design flaw that contributed to the occurrence of a Missouri car accident, the manufacturer may be responsible.

Continue reading " Greene County Pickup Accident Caused by Mechanical Failure " »

A Johnson County Missouri car accident seriously injured a teen from Lee’s Summit, Missouri. An Ohio woman was also injured in the Johnson County Missouri multivehicle accident. The accident occurred on MO-13 at 4:20pm at June 13, 2011.

Jackson J. Hill, a 17 year old from Lee’s Summit, attempted to pass another vehicle while driving a 2002 Honda. Hill slammed into the left rear corner of a 2003 Chevrolet driven by Angela D. Hardy of Warrensburg. Hill continued on to strike a 1997 Honda driven by John M. Gallagher of Independence, Missouri. Hill was ejected from his vehicle.

Hill was flown to Research Hospital in Kansas City, Missouri by LifeFlight EMS with serious injuries. Tammy S. Mahan, an occupant in Gallagher’s vehicle, was taken to Centerpoint Hospital in Independence by Johnson County EMS for medical treatment. According to the Missouri Highway Patrol, an investigation into the accident is continuing. Charges are pending.

Johnson County Missouri car accidents are becoming more likely as the western Missouri county becomes more populous. The population in Johnson County is increasing from because of an urban sprawl effect from Kansas City. As the population grows, the number of traffic accidents may increase. In 2009 alone there were 1,169 traffic accidents in Johnson County.

Current Johnson County residents should consider taking a Missouri defensive driving course. Defensive driving course teach drivers techniques to proactively avoid collisions. These courses teach drivers how to deal with driver aggression, prevent accidents, and compensate for poor road conditions. Defensive driving courses may help drivers avoid destructive and devastating car accidents. Paying for a defensive driving course now may help prevent future traffic accidents and related costs.

Continue reading " Johnson County Missouri Three Car Accident Injures Two " »

A Newton County Missouri car accident injured Missourians from Monett and Granby. The chain reaction accident resulted in a Missouri rear impact car accident and a Missouri front end collision on US-60, 3 miles east of Granby, Missouri. The Missouri car crash occurred on June 6, 2011 at 6:45pm.

The collision occurred as a 2002 Ford Windstar driven by Pam L. Sternes of Granby waited to make a left turn. A 1997 Volkswagen Jetta driven by Matthew D. Tucker of Neosho slammed into the rear of Sternes’ vehicle. The force of the collision pushed Sternes into opposing traffic. Strenes crashed head on into a 2006 Dodge Charger driven by Sharrie L. Hartman of Monett. All three vehicles were totaled in the Missouri multivehicle accident.

Two drivers were seriously injured in the accident – Hartman and Sternes. Hartman went to Cox South Hospital in Springfield, Missouri. Sternes went to Freeman West Hospital in Joplin, Missouri. The other reported injuries belonged to four minors in Sternes’ vehicle: Nathan C. Sternes, 10; Lauren Sternes, 12; Kyle A. Sternes, 13; Cotton C. Jones, 14.

Compensation for injuries sustained during Missouri car accidents is governed by state tort law. Missouri tort law allows victims to recover compensation for the loss caused by an accident from the party at fault (or from the party at fault’s insurance company). However, some accident victims cannot obtain full compensation through a lawsuit because the party at fault is indigent, lacks insurance, or files for bankruptcy. Prior to 1987, those accident victims would not be fully compensated for their loss.

In 1987, the Missouri legislature passed a law that established the Missouri Tort Victims’ Compensation Fund (the “Fund”) to help fully compensate accident victims. Accident victims who have obtained a final judgment in personal injury or wrongful death suit who are unable to collect the full judgment are eligible to file a claim against the Fund. Accident victims who settle for the maximum amount of the party at fault’s liability insurance without being fully compensated are also eligible to file a claim. Certain family members of a deceased uncompensated accident victim may file a claim.

Eligibility to receive compensation from the Fund is limited. The Fund is designed to help compensate victims of Missouri car accidents and other torts in the state. As such, if the accident was in another state and the accident victim was not a Missourian, then no one involved can file a claim against the Fund.

The Fund provides relief for accident victims when they are injured by those without the ability to pay judgments. However, accident victims cannot recover from the Fund without first winning a judgment in court or reaching a settlement. Accident victims ought to have good legal representation to aggressively pursue their interests in courts and settlement negotiations to secure the best outcome.

Continue reading " Newton County Chain Reaction Accident Injuries Six " »

A car chase resulted in a Missouri multivehicle car accident that injured three Missourians in Taney County. The Missouri multivehicle car accident occurred in June 4, 2011 at 8:10pm on Route F, near Branson, Missouri.

The accident occurred as Benjamin K. Sanders drove a 1982 Honda Gold Wing on Route F. Sanders was being pursued by Bernard H. Johnson of Rockaway Beach, Missouri, who drove a 2004 Ford Crown Victoria. Sanders crossed the centerline of the roadway and crashed into a 1997 Ford Taurus driven by Jodi M. Ebersol. The force of that collision pushed Ebersol into a Missouri front impact car accident with Johnson. All three vehicles were totaled. Ebersol, 37, sustained serious injuries. Sanders, 31, suffered moderate injuries. Johnson, 69, sustained minor injuries.

Missouri multivehicle accidents are collisions between more than two vehicles. Determining liability in a multivehicle is difficult because the negligence of multiple parties may have caused the collision. Factual disputes over which party caused which injury become complex as more drivers are involved.

Knowing what to do after a Missouri multivehicle accident is vital for making the best case for compensation. First, call the police. Calling the police is the first step after any car accident, regardless of whether there are serious injuries. Having the accident on record will only benefit your case. If the accident is not recorded, parties may change their story and insurance companies will lower your claim. Second, take pictures. Photographs are excellent documentation of an accident. Photographs should be taken before vehicles are moved from the roadway. Third, get medical care. Accept medical help and describe any pain you feel, no matter how small. Fourth, make sure to follow up with your doctor. Some car accident injuries have delayed symptoms. Brain and spinal cord injuries may not cause in pain or discomfort until later.

Continue reading " Taney County Car Chase Ends in Head On Collision " »

A Missouri rollover accident resulted in the death of two Naylor, Missouri residents, including a 3-year-old. Two other people were injured. The Missouri rollover accident occurred on June 4, 2011 at 4:43pm on Business 67 just one mile south of Poplar Bluff, Missouri.

Robin R. Steele of Naylor, Missouri lost control of a 2005 Chevrolet Cavalier, sliding into opposing traffic. The Chevrolet crashed into a 1999 Ford F150 driven by Cleveland S. Koonce of Poplar Bluff, Missouri in the opposite direction. The force of the collision caused both vehicles to overturn.

A woman and child were killed in the Butler County Missouri rollover accident. Robin R. Steele, the 36-year-old Chevrolet driver, and 3-year-old occupant Jayden K. Baugus were pronounced dead at the scene of the accident by Butler County Coroner Jim Akers. Their next of kin have been notified. Trisha K. McGaughy, a 32-year-old Chevrolet occupant from Fairdealing, suffered serious injuries. Cleveland Koonce sustained moderate injuries. The Missouri State Highway Patrol did not report whether any driver or occupant wore a safety device during the accident.

Missouri rollover accidents are disproportionately fatal car accidents. Rollovers are less than 5% of car accidents in Missouri, yet they account for nearly 30% of Missouri traffic fatalities. The greatest contributor to serious injuries and fatalities from rollovers is a roof collapse. When a vehicle’s roof collapses in a rollover accident, safety features like air bags and seat belts can no longer protect the accident victims. As a result, surviving accident victims may suffer traumatic brain injury and spinal cord injury.

Determining liability in a Missouri rollover accident is difficult because a number of parties may be responsible. A post-accident investigation may focus on a number of parties. Mechanics may be investigated for negligent work that could have made the vehicle more likely to overturn. Vehicle manufacturing companies may be investigated for potential manufacturing defects that made the vehicle too susceptible to rollover accidents. As in any multivehicle accident, a surviving driver will be held accountable for negligently operating a vehicle.

Continue reading " Double Fatality in Poplar Bluff Missouri Rollover Accident " »