Missouri Accident Lawyer Blog

An elderly driver crashed her vehicle into a Dollar Tree location in Troy, Missouri last Thursday, just after 2:00pm. The Missouri car accident occurred on Magee Road. Both employees and customers were inside the store location during the Missouri car crash.

The elderly driver accidently crashed her small yellow car deep into the store. Witnesses say the shock of the impact could be felt throughout the building. Shattered glass littered the floor and some shelves were crumpled. The Lincoln County Fire Rescue responded to the accident. According to the authorities, no customers or employees were injured in the accident. The elderly driver was sent to an area hospital.

The number of elderly drivers in America is increasing as members of the Baby Boom generation grow older. By 2007, there were more than 20 million drivers over the age of 70 in the United States. As the number of elderly drivers increases, some wonder how the law should adapt.

Some states have adopted shorter license renewal periods for elderly drivers. In Connecticut, for instance, drivers 65 years or older may renew their license every two years instead of six years. In most states, the renewal period for elderly drivers is half or two-thirds of the typical renewal period.

Two states – Illinois and New Hampshire – require elderly drivers over the age of 75 to take a road test to renew their license. Indiana had a road test for drivers age 75 and older, but the state decided to eliminate the requirement in 1999. The District of Columbia may require a driver age 75 and older to take a road test, but the road test is not mandatory. Instead, the examiner may use his or her discretion to administer the test. Other states require vision tests as young as age 40 for license renewal.

Missouri reduces the license renewal terms for elderly drivers. Typically, Missouri drivers must renew their license every six years to continue driving. Missouri does not have a road test or vision test for elderly drivers. As Missouri car accidents caused by elderly drivers are featured in news stories, the public may demand changes in those laws.

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A Lathrop, Missouri motorcyclist was seriously injured in a Missouri deer traffic accident on September 26, 2011 at 5:50pm. Shana M. Hopkins, 39, of Lathrop drove her 2004 Harley Davidson motorcycle on U.S. Highway 36 – 0.5 miles of west of Utica. As she drove, a deer crossed the roadway from right to left. Hopkins struck the deer. The motorcycle crashed on the centerline on its side and stopped in the passing lane. Hopkins was ejected from the motorcycle.

Drivers and motorcyclists need to be aware of the dangers posed by wild deer and other animals. More than 3,500 people were involved in Missouri deer traffic accidents in 2007. According to reports, autumn may be the most dangerous season for deer-related traffic accident.

The risk for Missouri deer car accidents may be increasing in Missouri’s urban areas. According to local deer expert, the number of deer in Missouri’s urban areas is increasing. Experts indicate that there is a particular risk for Boone County Missouri deer car accidents because of an increased deer population.

Drivers should take care to drive prudently to avoid Missouri deer traffic accidents. Motorists may want to swerve to avoid striking a deer, but experts say that swerving is not advised. Swerving near a deer actually increases the risk of serious injury and death. As always, motorists are recommended to wear seat belts whenever possible. Motorcyclists do not have the option of wearing a seat belt, so protective clothes and headgear are recommended.

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Accident victims Clarence Everett Wood and Mary Wood won a $1.1 million dollar judgment in Missouri drunk driving car accident lawsuit. The plaintiffs sued Huey E. Crocker for causing a Missouri front impact accident. The accident occurred on January 28, 2008 on U.S. Highway 50. Crocker drank heavily before driving his pickup truck. Crocker swerved across the centerline of the roadway and slammed into the Woods’ vehicle head on.

Clarence Wood suffered severe physical injuries. He suffered from a shattered pelvis and an injured knee. Ultimately, the accident victim was billed for more than $237,000 for medical expenses. The medical treatment resulted in a substantial loss of income for the accident victims. Mary Wood sued for her own loss of consortium. The couple sought compensation for their loss as well as punitive damages.

Crocker and his defense attorneys tried to argue against the evidence showing his role as the cause of the Missouri drunk driving accident. The defense argued that the accident victim caused the collision by not wearing a seatbelt and speeding. The defense also attempted to argue that Crocker did not drink before driving. However, Crocker was convicted of driving while intoxicated resulting in injury. Crocker received a five-year sentence for the DUI.

Wood v. Crocker is a good example the types of arguments that defense attorneys make in Missouri car accident lawsuits. Even when the car accident is the result of drunk driving, defense attorneys will attempt to shift blame to accident victim. If the accident victim did not wear a seatbelt, the defense attorneys will attempt to use that fact to decrease the accident victim’s compensation.

The “seat belt defense” is an argument that defense attorneys make when their clients caused an injuries traffic accident. The defense attorney will claim that if the accident victim had worn a seatbelt, the accident victim’s injuries would not have been so severe. In some cases, courts will decrease the accident victim’s award because the accident victim did not wear a seat belt. An accident victim should contact an experienced Missouri car accident lawyer who understands how to combat the seat belt defense.

Three residents of Texas were injured in a Callaway County Missouri T-bone car accident. The Wednesday morning Missouri car accident occurred at the intersection of westbound Highway 54 and County Road 211.

The accident began as Missourian Harold L. Giboney, 59, pulled her vehicle into the path of a 2002 Dodge driven by Thomas M. Giemann of Lufkin, Texas. The vehicles collided in a Missouri side impact collision. Four people were injured in the accident. Giboney sustained minor injuries. Tiemann and his Texan occupants – Mary J. Tiemann and Bettie Tiemann - suffered moderate injuries. The out-of-state accident victims received medical treatment at the University Hospital in Columbia, Missouri. Giboney sought his own treatment.

Missouri side impact car accidents are a frightening experience for out-of-state accident victims. T-bone collisions are generally sudden and unexpected. Out-of-state accident victims may be unaware of local emergency procedures. They may not be near their families or their primary care doctors. Accident victims may know which hospitals they prefer in their home state, but may be simply carted off to whichever hospital is near the accident.

To regain a since of control, out-of-state accident victims may feel inclined to hire an attorney from their home state to represent their interests in a Missouri car accident lawsuit or in a Missouri car accident settlement. However, out-of-state attorneys may not be well-equipped to handle a Missouri car accident case. Tort laws – the laws that govern negligence and traffic accident liability – are determined by the states. A Texas lawyer may not be familiar with Missouri tort law. Juries may respond better to out-of-state accident victims who are represented by a local attorney. Since a Missouri attorney will be close to the court, out-of-state accident victims with Missouri attorneys may be able to pay lower attorney’s fees. A Texas lawyer who has to travel to Missouri’s courts may bill travel expenses to his clients.

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Two bicyclists were transported to a local hospital with moderate to serious injuries after a Bates County Missouri bicycle accident. The Bates County Missouri car bicycle accident occurred on Highway 18.

Malissa D. Brooks, 36, and Benjamin L. Saubers, 28, were struck by a 2011 Chevrolet vehicle on September 19, 2011 at 7:05pm. Brooks sustained serious injuries and Saubers suffered moderate injuries. They were transported to Research Medical and Research Main for medical treatment. The accident victims were from Adrian, Missouri and Butler, Missouri.

Bicyclists are at a great risk of serious injury or death when they collide with a car, truck, or SUV. In fact, hundreds of bicyclists lose their lives in fatal traffic accidents each year. According to the National Highway Traffic Safety Administration (NHTSA), more than 600 cyclists died in fatal traffic accidents in 2009 alone.

Even as the popularity of cycling increases, many Missouri drivers are still not used to sharing the road with bicyclists. For example, many Missouri bicycle accidents occur as motorists attempt to pass cyclists on the road. When a bicyclist rides near the far side of a lane, some motorists attempt to pass within the same lane. The motorist may strike the cyclist while driving within the same lane. Passing a cyclist within the same lane is a dangerous maneuver.

Passing a cyclist within the same lane is not only dangerous, but in violation of Missouri traffic laws. Missouri statute §307.188 states that “[e]very person riding a bicycle or motorized bicycle upon a street or highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle.” Any maneuver that would be illegal between two motor vehicles is illegal between a motor vehicle and a bicycle. Regardless of the width of the lane, motor vehicles can only pass other motor vehicles after completing a lane change. In order to pass a cyclist, Missouri motorists should first change lanes.

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A deadly Osage County Missouri car accident killed one Missourian and injured an additional seven people. The Missouri head on car accident occurred on September 17, 2011 at 3:20pm on U.S. Highway 63.

The fatal Missouri head on car collision occurred as Loretta J. Thompson of Fulton, Missouri crossed the centerline of US-63. Thompson’s 2004 Chevrolet crashed head on into a 2004 Pontiac driven by Kraig J. Walker of Eugene, Missouri. The collision stopped Walker’s vehicle on the roadway. However, Thompson’s vehicle rotated across the centerline and drove off the roadway. The vehicle crashed into a road ditch, ejecting a passenger.

Thompson was pronounced dead at the scene of the accident. Two of her occupants – Mariah N. Buchholz, 9, and Billy J. Buchholz, 57 – were seriously injured. Walker was seriously injured as well. Walker’s four occupants – Christopher A. Welch, 28, Taylor R. Fierce, 21, Frederick R. Moore, 23, and Matthew S. Evans, 19 – suffered moderate injuries in the Missouri head on car crash. The injured parties were transported to Capital Region Hospital or University Hospital in Columbia.

According to statistics from the National Highway Traffic Safety Administration (NHTSA), more than 6,000 passenger cars are involved in fatal front impact car crashes each year. The sheer volume of fatal Missouri head on collisions speak to their potential for serious injury and death.

Many head on collisions occur as one vehicle crosses the centerline of the roadway into oncoming traffic. Drivers may cross the centerline because they are engaged in dangerous driving distractions in Missouri. Distracting activities like texting, changing radio stations, eating, and adjusting GPS settings drag the drivers’ attention away from safe driving. Distracted drivers may drift out of their lane without even realizing it. Drivers may cross the centerline while intoxicated or under the influence of drugs. Drugs and alcohol distort a driver’s perception and ability to respond to the environment. An intoxicated driver may be too impaired to avoid a deadly Missouri head on car accident.

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Last year in October, business owner Jeanine Y. Hollman was killed in a fiery Saint Louis County drunk driving car accident. Earlier this month, the drunk driver who caused the St. Louis County DUI car accident was sentenced to eight years for vehicular homicide.

The crash occurred on October 30, 2010. An off-duty police officer noticed a car speeding near the intersection of Halls Ferry Road and Lucas and Hunt Road. The officer used radar to discover that the car was travelling at 64 mph in a 35 mph or 40 mph zone. The officer turned on his lights to pull over the car.

Dwanyne McClendon, the speeding driver, increased his speed after the police car lights activated. Meanwhile, Ms. Hollman had just turned left onto Halls Ferry Road in her car. McClendon crashed violently into Ms. Hollman’s car.

The impact caused the accident victim’s car to burst into flames. The police officer said he witnessed a “giant explosion” when the cars collided. The police officer and other witnesses attempted to pull Ms. Hollman out of the vehicle, but the fire in her car forced them back. Two women in McClendon’s vehicle also sustained injuries.

McClendon admitted to being drunk at the scene of the accident. Tests revealed that his blood-alcohol content was above the legal limit. McClendon stated he avoided stopping for the police officer because he did not want a DUI. McClendon plead guilty in July for his crime. The range of sentencing was five to fifteen years. The judge sentenced him to eight years in prison.

The number of fatal Missouri drunk driving car accidents decreased as education and law enforcement ramped up. In 1996, 481 people were killed in fatal Missouri drunk driving accidents. A decade later in 2006, that figure dropped by nearly 100 people. Nevertheless, hundreds of Missourians should not lose their lives in easily preventable accidents. When evidence of intoxication is available, prosecutors press criminal charges against drunk drivers who cause fatal car accidents.

Criminal charges against drunk drivers may help families recover compensation for the financial loss caused by a fatal Missouri DUI car accident. Insurance companies are not likely to fight liability for the accident when their client is found guilty. However, insurance companies may still attempt to limit their liability for the accident. Insurance companies may argue that the accident victim was partially at fault for the accident. Family members should not attempt to negotiate with an insurance company without skilled Missouri wrongful death attorneys fighting for them.

A Jefferson County Missouri U-turn car accident resulted in serious to minor injuries for four Missourians on September 12, 2011 at 1:15pm. Brett M. Hogan of Hillsboro made a U-turn in a 1994 Saturn SL2 on Missouri Route A near Pioneer Road. Hogan’s vehicle drove into the path of a 2005 Buick Terraza driven by Adam N. Thompson of Desoto. The vehicles collided in the Missouri side impact car accident.

Hogan suffered serious injuries in the accident; she did not wear a seatbelt during the Jefferson County Missouri U-turn car accident. Hogan was transported to Mercy Hospital in Creve Coeur by Survival Flight. Three occupants in the other vehicle were injured – Tosha L. Steffens, 23, Anthony L. Thompson, 4, and Trenton N. Thompson, 2. The injured occupants were taken to the Jefferson Regional Medical Center by Valle Ambulance.

According to the National Highway Traffic Safety Administration (NHTSA), less than one percent of fatal traffic crashes occur when a vehicle made a U-turn. Nevertheless, U-turn accidents kill more than 100 people a year. Missouri U-turn car accidents may unfortunately result in serious injuries and extensive property damage for dozens of people.

Many Missouri drivers execute U-turns at intersections without knowing whether U-turns are technically legal. Missourians who ask are U-turns legal in Missouri should look to Missouri statute 304.341, which governs turns at intersections in the state of Missouri. According to statute 304.341, U-turns are only permissible if the U-turn “can be made in safety and without interfering with other traffic.” Missouri drivers should attempt U-turns prudently, which exercising due car to avoid Missouri car accidents. Attempting a U-turn near other vehicles on the roadway may be too risky for the law’s limitations.

The statute further restricts U-turns to decrease the risk of U-turn car accidents. The statute prohibits U-turns on any curve in the roadway. U-turns are additionally prohibited “near the crest of a grade” (e.g. near the crest of a hill). Drivers cannot attempt a U-turn in any part of the roadway on which the vehicle cannot be seen by any other driver for three hundred feet in any direction. The statute further emphasizes that U-turns are not allowed where they “may create a traffic hazard.”

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Four Missourians were injured in a Greene County Missouri side impact car accident on U.S. Highway 160. The Greene County Missouri broadside car accident occurred on September 10, 2011 just south of Springfield, Missouri.

The Missouri t-bone car collision occurred as Crystal A. Graham, 35, crossed the roadway while driving a 1999 Pontiac. Graham’s Pontiac drove into the path of a 2002 Nissan driven by Leona Divincenzo, 71. The cars collided as Divincenzo’s vehicle crashed into the side of Graham’s Pontiac.

Four Missourians were injured in the accident. Graham suffered the worst physical injuries in the accident. An ambulance took her to Cox South Hospital in Springfield, Missouri. Two young occupants in Graham’s vehicle sustained minor injuries – Amethyst N. Graham, 5, and Ruby J. Graham, 0. Both children were taken to Cox South Hospital for treatment. Divincenzo was taken by ambulance to St. John’s Hospital in Springfield, Missouri for medical treatment as well.

Some Missouri accidents are clearly the result of negligent conduct. When negligence is obvious based on the occurrence of the accident itself, the common law doctrine of res ipsa loquitur (“the thing speaks for itself”) applies. For example, res ipsa loquitur may apply to a medical malpractice case in which a surgical tool is found in a patient’s body after the surgery is completed. The surgical tool can only be left in the patient’s body as a result of a medical professional’s negligence. Therefore, the doctrine of res ipsa loquitur relieves the patient of needing to show the defendant medical professionals failed to exercise due care.

The doctrine of res ispa loquitur rarely applies to a Missouri car accident lawsuit. Determining liability in a Missouri car accident is often more complex than the doctrine of res ipsa loquitur’s reasoning. Some accidents may be caused by brazen negligence – e.g. heavily intoxicated drivers who cause accidents while driving opposite traffic on a freeway. However, the fault of most car accidents is not as clear.

Accident victims should have Missouri personal injury lawyers who specialize in securing compensation for car accident victims. After receiving medical treatment, contacting a Missouri car accident lawyer is the most important step for an accident victim to take after being injured in a Missouri car accident. Insurance companies are highly skilled in avoiding liability for the accidents of their customers. Insurance companies are equipped with a number of attorneys who specialize helping insurance companies avoid paying compensation to accident victims.

Three young people from Union Star, Missouri were injured in a Missouri rear impact car accident on September 7, 2011 at 4:10pm. An adult woman from King City, Missouri was also injured in the Dekalb County Missouri rear end collision.

The accident began as teenaged driver Kennedy T. Frederick slowed a 2008 Dodge to turn left onto a private drive. As Frederick slowed, a 2002 Toyota driven by Jan I. Dice crashed into the rear of Frederick’s Dodge.

Most of the people injured in the Missouri rear end car accident were in Frederick’s vehicle. Frederick was moderately injured. Two of her occupants – Riley D. Hughes, 12, and Chase M. McDaniel, 16 – sustained minor injuries. Dice, the rear driver, suffered moderate injuries as well. All four injured parties were taken to Heartland Regional Medical Center by the Grand River Ambulance.

Drivers should be aware of the risk of a Missouri rear impact accident when slowing down to attempt a turn. A following vehicle may not be able to slow down as required to avoid an accident. Drivers who wish to slow their vehicles to complete a turn should observe the following safety tips to reduce the risk of a destructive Missouri read end car collision:

First, check your rear view mirror for a tailgating driver. If another driver is following you too closely, you may not be able to safely complete your turn. If a tailgating driver rear ends your vehicle, the tailgater may be liable for any damage or injuries related to the accident. However, preventing the occurrence of a Missouri rear end car accident is best whenever possible.

Second, use your vehicle’s turn signal to alert other drivers of your intention to turn. Drivers in following vehicles may change lanes or decelerate to avoid a fender bender. If the drivers do not realize that you intend to slow down for a turn, they will likely continue driving at a high speed.

Third, slow down your vehicle over a reasonable period of time. If you signal a turn and slow down at a reasonable distance before the location where you plan to turn, drivers behind you may have enough time to adjust safely. Some drivers go full speed until just before turning, while signaling at the last moment. Slowing and signaling at the last moment increases your risk of a serious accident because following drivers may not have time to adjust.

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Five residents of Desoto, Missouri were injured in a Jefferson County Missouri car accident on August 30, 2011 at 8:20pm. The accident victims ranged in age from 84 to 13 years old.

The Jefferson County Missouri car crash occurred as Andrea C. Zugmaier, 36, drove on Flucom Road, west of Fox Farm Road. Zugmaier failed to negotiate the curvature of the road in a 1986 Toyota Camry. Zugmaier traveled into the path of a 1999 Ford Crown Victoria, causing a Missouri front end car collision. The Ford was driven by Charles L. Miller, 84.

Five people were injured in the accident. Miller sustained only minor injuries. Miller’s occupant Inez R. Minor, 85, sustained moderate injuries. Zugmaier suffered the worst injuries in the accident. Two of her teen occupants were injured as well. 13 year old Brooke L. Reinwald suffered moderate injuries and 16 year old Austin A. Haynes sustained minor injuries. All of the accident victims were taken to Jefferson Regional by ambulance except for Zugmaier. Zugmaier was taken to St. John’s Creve Coeur by Survival Flight.

Thousands of car accidents occur each year while drivers attempt to negotiate curves. According to the National Highway Traffic Safety Administration (NHTSA), more than 5,500 vehicles were involved in fatal crashes while a vehicle was negotiating a curve. If a driver is travelling faster than the posted speed limit, the driver may lose control on a curve. If a driver is distracted, the driver may misjudge the degree of curvature in the road. Nearby foliage or structures may make other vehicles difficult to see ahead of time.

The risk of a Missouri front impact accident is high when a driver fails to negotiate a curve. Drivers who cannot negotiate the curvature of the road often cross the centerline of the roadway. If another vehicle happens to be traveling in the other direction, a destructive car accident may occur. Drivers who are injured in curve negotiation accidents should contact an experienced Missouri car accident lawyer. Skilled Missouri personal injury attorneys understand how to investigate an accident to find its underlying cause.

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Three people from Sullivan, Missouri were injured in a Franklin County Missouri teen car accident on Highway 185, 1 mile south of Meramec State Park. The Franklin County Missouri car crash occurred on September 3, 2011 at 5:45pm.

15-year-old Cody S. Maune of Sullivan, Missouri drove a 1997 Ford F150 on northbound Highway 185 on Saturday evening. Maune drove the pickup truck off the right side of highway. Maune overcorrected in a failed attempt to regain control of the vehicle. The F150 travelled off the roadway a second time. The accident ended as the F150 overturned.

Three Sullivan residents of varying ages suffered moderate injuries in the Missouri car accident. Maune, 15, Kevin M. Plank, 7, and Andrew T. Boyer, 63, were transported to Missouri Baptist Hospital in Sullivan, Missouri by the Missouri Baptist Ambulance service. None of them wore a safety device during the Missouri teen car accident.

According to statewide reports, roughly 33% of Missouri teen deaths are related to motor vehicle accidents. In order to decrease the number of Missouri car accidents caused by teen drivers, the state of Missouri enacted a graduated driver’s license (GDL) program. Missouri’s GDL program restricts teen driving privileges so that teens have more experience before receiving a full driver’s license. First, teens received a learner’s license. Teens who meet additional requirements may graduate to a restricted or intermediate license. After completing further requirements, all restrictions are lifted.

In order to eventually earn an unrestricted license, teens must gain experience behind the wheel. Teens must have a minimum supervised driving time of 40 hours. Teen drivers with a restricted driver’s license or less cannot drive between 1am and 5am without supervision. During the first six months of having a license, teens cannot have more than 1 passenger younger than 19 years old (except for young family members). This restriction allows teen drivers to transport their younger siblings, but prohibits them from cruising around with their friends. Missouri’s teen driving laws aim to protect teens, their passengers, and other drivers from the destructive consequences of Missouri teen car accidents.

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