Missouri Accident Lawyer Blog

Diana L. Czeschin of Bland, Missouri passed away in a Gasconade County Missouri single vehicle accident. The 51-year-old woman was involved in the Gasconade County Missouri car accident on July 29, 2011 at 12:16am.

The Gasconade County Missouri car accident occurred as Diana crossed the centerline of Route B near Red Bird Road in a 1995 GMC Truck. She attempted to right herself, but overcorrected. The GMC truck travelled off the right side of the roadway. The truck crashed into a tree to conclude the Missouri one car accident. Diana Czeschin was pronounced dead by the Gasconade County Coroner, Ben Grossman. She did not wear a seatbelt during the accidents.

Missouri single vehicle accidents are unfortunately common. According to the National Highway Traffic Safety Administration (NHTSA), there are more than 20,000 single vehicle accidents in 2008 alone. More than 10,000 of the accidents occurred off the roadway.

Determining liability in a single vehicle accident may be difficult depending on the circumstances. Single vehicle accidents often appear to be caused by the driver. However, another party not obviously involved in the accident may be responsible. For example, an entity of the government may be responsible for a Missouri single vehicle accident.

State and local governments have a duty to set speed limits appropriate for roadways. The State of Missouri sets the maximum speed limit for the entire state in Missouri statute §304.010. According to statute §304.010: rural interstates and freeways have a maximum speed limit of 70 miles per hour; rural expressways have a maximum speed limit of 65 miles per hour; interstates in urbanized areas have a maximum speed limit of 60 miles per hour; and lettered two-lane highways (e.g. Route B) may never have a maximum speed limit above 60 miles per hour. Missouri statute §304.010 sets the maximum speed limit for the state, but local governments are allowed to adjust the limits lower than that maximum.

If the state or local government set the posted speed limit too high for the structure of the roadway, the government may be liable for a Missouri single vehicle accident. If the accident victim was driving under the posted speed limit when the accident occurred, the accident victim may argue that the government is liable for failing to post an appropriate speed limit.

Continue reading " Gasconade County Missouri Single Vehicle Accident Proves Fatal " »

Addie K. Kronk from Fulton, Missouri was seriously injured in a Callaway County front impact car accident on June 22, 2011. Kronk was transported to an area hospital after another Missouri driver struck her head-on in the Missouri front end car accident.

The accident occurred as Kronk was driving on Route WW at County Road 350 in a 2005 Chrysler. A 2010 Mercedes failed to negotiate a curve while driving too fast in the opposite direction. The Mercedes slammed into Kronk’s vehicle head-on.

The Mercedes was driven by Matiul Islam of Columbia, Missouri. Both Kronk and Islam were seriously injured when the cars collided. Fetema Islam, the wife of the Mercedes driver, sustained serious injuries as well. All of the injured parties were taken to the University Hospital by ambulance or by Staff for Life.

The report from the Missouri State Highway Patrol did not state whether the driver-at-fault drove above the posted speed limit. Driving faster than the posted speed limit is a serious violation of Missouri state law, especially when speeding results in a Missouri car accident.

If the driver-at-fault was travelling faster than the posted maximum speed limit when the Missouri car accident occurred, the accident victim’s lawyer may have an easier time obtaining compensation for the accident victim’s injuries. Posted maximum speed limits are set to improve highway safety and decrease the number of Missouri head-on collisions. Driving faster than the posted maximum speed limit necessarily endangers everyone on the roadway. Driving faster than the posted maximum speed limit violates the law. Causing a Missouri accident while driving faster than the posted maximum speed limit leads to an accident victim filing a lawsuit.

Accident victims may sue drivers-at-fault for injuries sustained in a traffic accident. Accident victims successfully obtain compensation by showing that the driver-at-fault negligently caused the accident. Driving faster than the posted maximum speed limit is negligent because it violates safety ordinances and regulations. Violating a safety ordinance that is designed protect people like the accident victim from the type of harm suffered may be enough to prove that the driver-at-fault caused the accident negligently.

Continue reading " Fulton Woman Injured in Callaway County Head-On Collision " »

A man from O’Fallon, Missouri was hospitalized after a St. Charles County Missouri rollover accident. The accident occurred in the evening of July 19, 2011 on I-64. The St. Charles County Missouri car accident began as a 2005 Cadillac CTS and a 2002 Ford Expedition traveled on eastbound I-64.

Erin N. Dorlaque from Wright City drove her Cadillac into the rear of the Ford driven by Michael W. Huffman of O’Fallon. The force of the Missouri rear impact car accident caused both vehicles to drive off the roadway and overturn. Huffman was ejected from his car. Huffman was transported by St. Charles County Ambulance to St. John’s Medical Center for serious injuries.

Light trucks like SUVs and vans account for the largest proportion of rollover accidents. Light trucks tend to have a higher center of gravity than passenger cars. Vehicles with a high center of gravity are more likely to overturn during a collision. As a result, 59% of fatalities in rollover accidents occur in SUVs.

SUVs are ill-equipped to handle rollover accidents. Side airbags may not come standard in most passenger vehicles. SUV roofs are not designed to support the weight of the entire vehicle and its occupants. When a vehicle rolls over, enormous pressure is put on the structure of the roof. If the roof collapses, serious injury and death may result.

Occupant ejection may occur in a Missouri rollover accident. Ejection from a vehicle during a Missouri rollover accident is extremely dangerous to life and limb. According to data from the National Highway Traffic Safety Administration, 74% of car occupants who were totally ejected from a vehicle were killed in a single year. The best way to prevent ejection is to wear a seat belt while in an operating vehicle of any kind. Out of car occupants wearing a seat belt, only 1% were totally ejected.

Victims of rollover accidents often need a great deal of medical care. Accident victims may miss work while recovering from their injuries, resulting is lost wages. Missouri law allows accident victims to obtain compensation for injuries sustained in an accident. Accident victims should make sure they have a lawyer experienced in Missouri rollover accidents when they file suit for compensation.

Continue reading " O’Fallon Man Ejected from Car in St. Charles County Rollover Accident " »

Missouri car accident victims recently lost a wrongful death and personal injury lawsuit against the government and a contractor on Wednesday. After a two week trial, the jury found in favor of the Progressive Contractors, Inc. and the Missouri Highways and Transportation Commission.

The Missouri car crash at the heart of the lawsuit occurred on the Pony Express Bridge on U.S. Highway 36. The accident occurred on the night of September 24, 2007. Signs indicated that the right lane of the roadway was closed. Driver Tiffany Peterson thought that the reflective cones and barriers were directing her to the highway 229 exit on the right.

As Peterson attempted to exit, her vehicle fell through a car-sized hole on the bridge. The court documents stated, “The only thing that kept the vehicle from plunging into the waters of the Missouri River below was the rebar left protruding from the surrounding concrete deck.” The driver’s grandmother and occupant eventually died in the hospital. The driver’s mother and occupant received several injuries.

The plaintiff’s attorney for the accident victims argued that the government and the contractor failed to warn the accident victims about the car-sized hole in the bridge. The plaintiffs argued that the traffic cones were improperly placed on the poorly lit bridge. However, the jury unanimously found that the defendants – the government and the contractor – were not liable for the injury and death resulting from the Missouri single vehicle accident.

Suing a government agency or a highway contractor for injuries caused by a Missouri single vehicle car accident may be difficult. Some plaintiff’s attorneys have a difficult time crafting arguments as to why the Department of Transportation is responsible for accident injuries instead of the driver. However, winning a car accident lawsuit against the state government is possible. Earlier this year, the Missouri Department of Transportation lost a car accident case. The court awarded a verdict for the plaintiffs for a total value of $1,750,000.

Continue reading " Jury Sides with Government and Contractor in Missouri Car Accident Lawsuit " »

A woman died in a Missouri single vehicle accident this morning on southbound I-55. The Missouri single vehicle car accident occurred near dawn near Russell Blvd. The accident victim may have crashed her SUV into a bluff. She was ejected from her vehicle. The authorities pronounced her dead at the scene at the accident. The accident shut down southbound I-55 for three hours during morning traffic. The police are investigating the accident. According to reports, the woman was in her 30s but her name was not released. The Missouri State Highway Patrol did not create a crash report for the accident.

Many Missouri single car accidents are the fault of the injured driver. The injured driver may have caused the accident by driving faster than the allotted speed limit or by driving while intoxicated. Distracted drivers may inadvertently drive off the side of the roadway while texting or putting on makeup. However, single vehicle accidents may be the result of the negligent acts committed by other parties.

Single vehicle accidents may occur when the injured driver encountered an obstruction in the roadway that is not typically there. Debris from other vehicles, fallen trees, and darting animals are unexpected obstacles. Drivers swerve to avoid these obstacles, increasing their risks of a collision. If the obstacle was caused by another party, the other party may be liable for the driver’s injury. For example, if an improperly secured load falls of a truck bed and causes a Missouri single vehicle, the trucking company may be held liable. Trucking companies and truck drivers owe a duty to other drivers to secure loads as to avoid accidents.

Missouri single vehicle accidents may be caused by a defective car part or negligently done repairs. For example, the injured driver could have been unknowingly driving with a defective tire. A tire blowout may cause a prudent driver to lose control of a vehicle and drive off the roadway. In that instance, the tire manufacturer or retailer could be liable. Poor vehicle design may also aggravate a single car accident. Poor design may increase the likelihood of overturning in an accident, worsening the injuries that the driver sustains. In these cases, the vehicle manufacture may be liable.

Continue reading " Fatal Car Crash Shuts Down Southbound I-55 " »

58-year-old Ellon Stradford of Lincoln, Missouri lost her life in a Benton County Missouri multivehicle accident on July 11, 2011 in the afternoon. There is no arrest information, but the Missouri State Highway Patrol indicated that an investigation continues.

The accident began as Stradford drove northbound on US-65, north of Sterett Creek. Timothy B. Underwood of Collins, Missouri and Carmen L. Henke of Sedalia, Missouri drove southbound. Stradford failed to negotiate a curve in her 2007 Ford, crossing the center of the roadway. Stradford slammed into the 2006 Chevrolet driven by Underwood. The crash was nearly a Missouri front end collision. The impact created debris that hit the 2010 Ford driven by Henke.

Stradford was pronounced dead at the scene of the accident by Benton County Coroner Jim Reeser. Underwood was taken to St. John’s Hospital by the Staff of Life. Underwood was not wearing a seatbelt during the accident. Whether Stradford wore a safety device is unknown.

According to the National Highway Traffic Safety Administration (NHTSA) hundreds of Missourians die in car accidents each year. According to the Fatality Analysis Reporting System (FARS), there were 878 fatalities in Missouri car accidents in 2009 alone. Fatal car accidents create tremendous and tragic loss for the state of Missouri.

Car accident fatalities are difficult for family members to deal with because they are sudden. Hard decisions become even more difficult to make in a state of grief. However, families must make difficult decisions when a loved one passes away. One decision that families are confronted with after an accident is whether to file a wrongful death claim.

The statute of limitations restricts the amount of time that a family has to file a wrongful death lawsuit after a Missouri car accident. Statutes of limitations are different in every state. Even within Missouri, the statute of limitations differs by the type of claim. For example, the statute of limitations period in which a family member could file a Missouri wrongful death claim may be shorter than the period in which a living accident victim could file a personal injury claim.

Grieving family members should seek a legal consultation about their rights to make an informed decision about filing a wrongful death claim before it is too late. After the statute of limitations tolls, the right to sue is extinguished.

Continue reading " Investigation Continues After Fatal Benton County Accident " »

Seven young adults were injured in Cass County Missouri multivehicle car accident on Independence Day at 1:30am. The injured people in the Cass County Missouri car accident were from Raymore, Garden City, Harrisonville, and Pleasant Hill.

The Missouri multivehicle accident occurred as a 2003 Pontiac Grand Am driven by 18-year-old Brandyn P. Stewart overtook another vehicle on MO-58, 1 mile east of Prairie Lane. Stewart overtook and slammed into the rear of a 2000 Ford Mustang driven by 21-year-old Jereth D. Schrock, who was the oldest injured person in the accident. Schrock traveled off the right side of the roadway into a field.

Stewart’s Grand Am continued on the road and crossed the centerline. Stewart crashed head-on into a 2003 Dodge 1500 driven by 18-year-old Trevor D. Williams, who was injured by the Missouri front end collision. William’s Dodge overturned repeatedly until it was off the roadway.

Seven people were injured in the accident. Williams, Joshua A. Ogan, 18, and Taylor N. Hood, 17, were seriously injured. Schrock, Stewart, and Emily K. Warren, 20, were moderately injured. Jaque J. Willis, 18, sustained minor injuries. The young adults were taken to local hospitals by South Metro EMS, Belton EMS, Lifeflight Eagle, and a private vehicle. Research Hospital, Truman Medical Center, Overland Park Regional, and KU Medical Center received the injured parties. The crash report did not indicate that drunk driving played a role in this accident.

Holidays may increase the risk of drunk driving accidents, since the related festivities often include alcohol consumption. Statistics show that in 2008, drink driving contributed to over 3,500 car crashes. Dealing with Missouri drunk driving accidents may be confusing and complicated.

Every drunk driving should complete the following steps after a Missouri drunk driving accident: meet with a Missouri accident attorney, seek counseling, and take a defensive driving course. An experienced accident attorney will help accident victims understand their legal rights after the accident and pursue their rightful compensation in court. Counseling may alleviate some of the emotional distress and flashbacks that result from the accident. Defensive driving courses may help the accident victim avoid future accidents.

Continue reading " Independence Day Car Crash in Cass County Missouri Injures Seven " »

Two elderly residents from Marston, Missouri were killed in a fatal Missouri car accident this holiday weekend on July 2, 2011 at 12:17pm. The fatal Missouri car accident occurred on US-60 and MO-114 at Morehouse.

According to the Missouri State Highway Patrol, the Missouri car crash happened when Charlie S. Hammons pulled a 1998 Ford into the path of a 1996 Chevrolet driven by Bryian G. Brown. Brown’s Chevrolet slammed into Hammons’s Ford. The force of the collision pushed both vehicles off the roadway. Hammons was ejected from his vehicle during the accident, though he and the others involved wore seat belts. Both drivers were insured by State Farm.

93-year-old Hammons was transported by Air Evac to St. Francis Hospital for medical treatment. Nevertheless, he was pronounced dead by Cape Girardeau Coroner John Clifton at the hospital. 87-year-old occupant Essie P. Hammons was pronounced dead at the scene of the accident by Stoddard County Coroner Aaron Mathis. Teenaged occupant George D. Brown of New Madrid was moderately injured in the accident. An ambulance took him to Missouri Delta Medical Center.

Injured accident victims often wonder whether they can recover damages for their injuries if the driver at fault died during the accident. Is it possible to sue drivers for personal injuries from a Missouri car accident after they have passed away? The answer depends on whether your jurisdiction has passed a type of law called a “survival statute.” Survival statutes dictate that personal injury cases “survive,” even when a party does not.

Missouri statute §537.020 is Missouri’s survival statute. Statute §537.020 says that causes of action for personal injuries “shall not abate” because the defendant died. Rather the cause of action survives to a representative for the deceased defendant. The statute authorizes a probate court to appoint a personal representative for the deceased. Suing a deceased defendant is often referred to as “suing the estate of the deceased.”

The accident victim will not receive a lower judgment or settlement merely because the defendant has passed away. Missouri law dictates that “the liability and the measure of damages shall be the same as if such death or deaths had not occurred.” If the accident victim would have received a judgment of $25,000 against a living defendant, the accident victim would receive a $25,000 judgment against a deceased defendant.

Continue reading " Two Marston Residents Killed in Stoddard County Missouri Crash " »