Missouri Accident Lawyer Blog

Michael B. Chamness of Festus, Missouri died in a Jefferson County Missouri pedestrian accident that occurred early Saturday morning. The Missouri pedestrian accident occurred on Highway 61, south of Plattin Road. Chamness entered the roadway from the west shoulder. Chamness was hit by a 1995 Toyota Camry driven by Michael J. Ellenberger of Festus. Chamness was pronounced dead by the Joachim Plattin Ambulance District. Ellenberger did not suffer any reported injuries.

Thousands of pedestrians die in traffic fatalities each year. Motor vehicles are heavy machines built of metal. On large roadways, motor vehicles may travel at high speeds. The human body may not be able to withstand a collision with a motor vehicle. As a result, pedestrians suffer the bulk of the serious injuries and fatalities caused by Missouri pedestrian accidents. In 2009, roughly 4,000 pedestrians were killed by traffic accidents nationwide.

Pedestrian accident victims should contact an experienced Missouri plaintiff attorney as soon as possible after the accident. The driver’s defense attorney will attempt to fight the accident victim’s compensation by arguing that the pedestrian was partially at fault for the accident. The defense attorney may argue that the pedestrian failed to monitor traffic before crossing or failed to walk within a crosswalk. The defense attorney may accuse the pedestrian of unexpectedly running into the road.

The defense attorney’s potential blame-shifting arguments are relevant for pedestrian accident victims because Missouri is a comparative negligence state. The compensation that the pedestrian accident victim may recover after an accident is limited by pedestrian’s percentage of fault. If the court finds that the pedestrian accident victim was partially at fault for the accident, the pedestrian accident victim may not be able recover full compensation.

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Three people were killed and four people were injured in a Missouri pickup truck accident on October 29, 2011 at 2:15am. The Missouri pickup truck accident occurred as Scott R. Woods of Hopkins, Missouri drove a 2003 Chevrolet pickup truck on Missouri highway 246, just half a mile east of Hopkins. The pickup truck ran off the south side of the road. Woods overcorrected and the pickup truck drove off the north side of the road. The pickup truck overturned re-entering the roadway and caught fire.

None of the occupants of the pickup truck wore a seatbelt. All of the occupants were ejected from the vehicle during the accident. There were three fatalities in the Missouri pickup truck accident. Chrystal N. Olerich, 18, and Benjamin T. McIntyre, 22, were pronounced dead at the scene of the accident by Nodaway County Coroner Dr. Vince Shelby. Joshua E. Bix, 21, was transported to St. Francis Hospital for medical treatment, but Dr. Bob Matthews pronounced his death at 3:48am. Three other adults were injured and transported to St. Francis Hospital – Jordan L. Breeding, 19, Kaley L. Folkerts, 19, and Samantha L. Weed, 18. Weed was life-flighted to Omaha, Nebraska after her visit to St. Francis Hospital. Woods the pickup driver suffered injuries, but refused medical treatment at scene.

According to the National Highway Traffic Safety Administration (NHTSA), more than 8,000 pickup trucks are involved in fatal truck accidents nationwide. Pickup trucks account for 18.5% of vehicles involved in fatal traffic accidents. Pickup trucks account for a significant portion of fatal traffic accidents, even though other vehicles are more popular. Some analysts believe that Missouri pickup truck fatalities are related to the increased risk over rollover in a pickup truck accident.

Missouri rollover accidents cause a disproportionate number of traffic accident fatalities. Certain factors increase the risk of rollover accidents. Pickup trucks are more likely to rollover than passenger cars like coupes or sedans. Rollovers are more likely to occur in single vehicle accidents. Rollovers may occur when a driver overcorrects after traveling off the roadway. Avoiding these factors when possible may prevent a fatal Missouri rollover accident.

Three Missourians were injured in the St. Louis County Missouri car accident on October 26, 2011 at 7:44pm. The St. Louis County Missouri multivehicle accident occurred on I-70 at the Lucas and Hunt entrance/exit.

The accident occurred as a 2007 Cadillac Escalade and a 2008 BMW travelled in the far left lane of the highway. A 1991 Ford LX entered the highway on the Lucas and Hunt entrance ramp. The driver of the Ford lost control of the vehicle and spun into the left lane. The front of the Cadillac crashed into the Ford as it spun into the lane. The BMW driver attempted to avoid the St. Louis County Missouri car collision by veering to the left, but the BMW crashed into the rear of the Ford.

Three people suffered moderate injuries in the St. Louis County Missouri car accident. Britny V. Boyd, the 24 year old Ford driver from St. Louis, was taken to Barnes Hospital for medical treatment. Timothy M. Baker, the 22 year old BMW driver from St. Charles, went to Barnes Hospital as well. Tawnee R. Hopen, the 17 year old Cadillac occupant from Warrenton, went to Depaul.

Determining liability in a multivehicle accident may be complex. In many cases, the multiple vehicles do not collide simultaneously. An accident victim’s vehicle may be hit once by one car, and then hit again by another. If the accident victim suffers an injury, determining which collision caused the accident victim’s injury may be difficult to discern.

When multiple people cause a single injury, they are called “joint tortfeasors” in legal jargon. A court may find that the joint tortfeasors must compensate the accident victim for injuries sustained. Traditionally, courts would equally divide the damages owed between the joint tortfeasors, regardless of their role in the accident. Now courts generally make each tortfeasor pay according to the amount of harm caused by that individual tortfeasor. If one of the joint tortfeasors cannot pay, a single tortfeasor may have to compensate the accident victim for all the injuries sustained in the accident. Having to fully compensate the accident victim when other tortfeasors share the blame for the injuries is called “being held joint and severally liable.”

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A New Mexico woman died in a St. Charles Missouri car accident on October 23, 2011 at 2:40pm. Three other people suffered injuries St. Charles Missouri SUV accident.

The St. Charles single vehicle car accident occurred on eastbound I-70 near Wentzville Parkway as Terry Taylor of Espanola, New Mexico drove a 2001 Chevrolet Suburban. Taylor suffered a medical condition while driving. The Suburban swerved off the left side of the roadway, then swerved off the right side of the roadway. The Surburban crashed into a fence off the roadway and overturned.

53 year old occupant Rebecca Taylor died in the St. Charles rollover car accident. She was pronounced by Dr. Anthony Schultz at St. Joseph Health Center West. Driver Terry Taylor, 46, was transported to Mercy Medical Center in Creve Coeur, Missouri with serious injuries. Two other occupants – Patricia Taylor, 43, and Gary T. Jett, 29 – suffered minor injuries and were transported to St. Joseph Health Center East in St. Charles, Missouri by St. Charles County ambulance.

St. Charles County Missouri is one of the most populated counties in the State of Missouri. A number of cities are in St. Charles County ; St. Charles, O’Fallon, St. Peters, Lake St. Louis, Wentzville, and West Alton are all located in the county. St. Charles County car accident lawsuits are often heard at the Circuit Court of St. Charles County.

When car accident victims are injured outside of their home state, they may be confused about where to file a car accident lawsuit. A state court may only make binding rulings on people connected to the state in a meaningful way (e.g. state residents, businesses doing business in the state, etc). If the defendant has nothing to do with a state, the state court cannot be enforced against the defendant. For example, a New Mexico court cannot create enforceable rulings against a Missourian with no connection to the state. If a New Mexico resident wants to sue a Missouri resident after a Missouri car accident, the New Mexico resident should file the lawsuit in Missouri’s courts. The New Mexico resident would be advised to obtain legal counsel from a Missouri personal injury attorney, since a local attorney will be familiar with the laws of the state.

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A helicopter transported Dennis J. Martin of Richland, Missouri to the hospital after he was thrown from his truck in an accident and hit by another car. The Pulaski County Missouri pickup truck accident occurred on September 16, 2011 at 1:40am.

The early morning accident occurred as Martin drove a 1989 Ford F-150 pickup on Missouri Highway 7, six miles south of Richland, Missouri. The pickup truck travelled off the left side of the roadway. The pickup crashed into a roadside ditch, initiating a Missouri rollover accident. Martin was ejected from the pickup as it overturned.

Unfortunately for Martin, the Missouri pickup car accident did not end at that point. An injured Martin was laying in the roadway as a 2002 Mercury Sable approached. The driver of the Mercury – Thomas A. Swearingin of Richland, Missouri – was distracted by the sight of Martin’s pickup in the ditch. The Mercury ran over Martin.

Martin suffered serious injuries in the Pulaski County Missouri pickup truck accident. A Pulaski County ambulance transported Martin to a helicopter pad. From there, Martin was flown to the trauma center at St. John’s Hospital in Springfield, Missouri. Martin suffered the only reported injuries in the accident. Martin did not wear a seat belt during the accident.

Pickup truck drivers should exercise due care in a pickup truck to avoid a Missouri rollover accident. Pickup trucks are more likely to rollover in an accident compared to other vehicle types. Pickup truck accident injuries are most common during rollovers. To avoid pickup truck accident injuries, pickup truck occupants should wear seatbelts. Pickup truck drivers should not allow occupants to ride in the pickup truck’s bed.

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A fun hayride turned disastrous as a chronic drunk driver crashed into a leisure wagon in Oak Grove, Missouri. Thirteen people, including six children, were transported to local hospitals after the Missouri drunk driving car accident.

Six children and seven adults were enjoying their hayride on Saturday night on Highway H, near I-70. The area was dark, but the tractor pulling the wagon was illuminated. Drunk driver Kaylon Childers, 27, crashed into the hayride. According to the Missouri Highway Patrol, the impact of the Missouri drunk driving car accident destroyed the wagon.

Childers was intoxicated during the Missouri drunk driving car accident. The authorities arrested Childers on suspicion of drunk driving, though Childers attempted to flee the scene of the accident. Last year, Childers was sentenced for repeated drunk driving.

Multiple accident victims had extended hospital stays after the accident. According to local reports, a five year old girl and an 18 month old boy suffered serious injuries in the Missouri drunk driving accident. An adult had to endure surgical operations as a result of the accident as well.

Drunk driving endangers the public roadways in Missouri. Statistics show that at least 350 Missourians die each year in alcohol-related traffic accidents. In one year, more than 600 Missourians died in drunk driving accidents. Even more Missourians are seriously injured in drunk driving accidents. The consequences of drunk driving accidents are dire. These accidents are even more devastating because they are preventable.

The State of Missouri prosecutes offenders of the state’s driving while intoxicated (DWI) laws to preserve the public safety. In 2010, Missouri strengthened its DWI laws to target repeat offenders. Missouri House Bill 1695 created new structures to prosecute repeat DWI offenders. HB1695 creates specialized DWI courts to hear the cases of repeat offenders while preventing municipal courts from hearing those trials. HB1695 creates a statewide database for DWI offenses, including arrests. The law also limits which DWI offenses can be expunged from an offender’s record.

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Three Missourians – including a pedestrian – were moderately to seriously injured in a Jefferson County Missouri car accident on October 15, 2011 at 9:11pm. The Jefferson County Missouri pedestrian car crash occurred on Route MM, just east of Route 30.

Another Missouri car accident had already occurred on Route MM. The previous accident involved a 2001 Buick LeSabre driven by Timothy S. Maenner of Imperial, Missouri. Pedestrian Derrick W. Voisey of Lemay, Missouri was checking in with Maenner in referenced to the accident that had already occurred. Meanwhile, Thomas A. Lewis failed to notice the previous accident while driving a 1997 Pontiac Grand Am. Lewis crashed into the rear of Maenner’s vehicle. The collision forced the door of Maenner’s vehicle close, injuring Voisey.

Lewis, Maenner, and Voisey were all injured in the Jefferson County Missouri car accident. Maenner suffered the most severe injuries and was transported to St. Anthony’s Medical Center. Lewis was taken to St. Anthony’s Medical Center with moderate injuries. Voisey was taken to St. Clare Health Center with moderate injuries. Both the Buick and the Pontiac were totaled in the accident.

This Jefferson County Missouri car accident highlights the importance of exercising care while driving near a car accident. If drivers fail to notice and accommodate previous accidents, another Missouri car accident may occur. When approaching a car accident, drivers should prudently watch out for accident victims who may exit one of the damage vehicles. When possible, changing lanes to avoid the previous accident may be advised.

If you are involved in a Missouri car accident on a public roadway, you should exercise care to avoid another accident. Turn on your hazard lights as soon as the accident occurs to alert other drivers. Carefully monitor traffic on the roadway before exiting your vehicle to check on the occupants of the other vehicle involved in the accident. If you need to discuss the accident or exchange insurance information with other people involved the accident, do so on the shoulder of the roadway instead of in traffic lanes.

If possible, accident victims may be advised to move the involved vehicles into the shoulder of the highway. If a road shoulder is not available, move the involved vehicles as far over as possible. Other drivers may not expect stopped vehicles on the roadway. If drivers do not expect an obstruction, they may take longer to adjust their speed or change lanes. Keep in mind that negligent or even reckless drivers may approach. These drivers could be operating above the speed limit or engaging in distracting activities like texting. A reckless or distracted driver may not notice your vehicles until it is too late and cause a Missouri rear end accident. While the accident victims should not take the blame for such an accident, the best accident strategy to is avoid accidents whenever possible.

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Kimberlee A. Harper, 41, of Moscow Mills, Missouri was killed in a Lincoln County Missouri car accident on October 12, 2011 at 1:15pm. The deadly Missouri single car accident occurred when she crashed head-on into the concrete entrance of the Mallard Point subdivision. The 2001 Ford van that Harper drove overturned and caught fire.

Harper was pronounced dead at the scene of the Missouri van accident by Lincoln County Medical Examiner Robert Shramek. Harper’s van was totaled as well. No one else was injured according to the Missouri State Highway Patrol. The crash report did not indicate how or why Harper crashed into the subdivision entrance.

Some people instinctively blame the driver in a Missouri single vehicle traffic accident. However, a single vehicle accident may actually be caused by Missouri defective roads. Missouri’s public roadways must be designed and maintained safely, in accordance with standards released by the National Highway Traffic Safety Association (NHTSA).

Proper road design is crucial for preventing car accidents. A single Missouri defective street may cause multiple accidents. If a road lacks a shoulder, malfunctioning vehicles may not be able to pull off the roadway entirely and become vulnerable to collisions. If an intersection lacks a traffic control device (e.g. a stoplight, a yield sign, etc.) but has a great deal of traffic, drivers may collide in their confusion.

Inadequate lighting is another dangerous defect. Drivers may not be able to see traffic control devices, road obstructions, or pedestrians in poorly lit areas. Defective lighting may cause an accident by making it difficult for drivers to see where they would like to turn. Drivers may not see their desired street or driveway until they are very close. If the drivers slow to take the turn, they may take a following vehicle by surprise. If the drivers attempt the turn without slowing, they may not be able to control their turn.

Obtaining compensation after a Missouri defective road car accident may be complex. Municipal, state, and federal government agencies may be liable for the defective road. The doctrine of sovereign immunity means that government entities are immune from lawsuits unless they specifically waived that immunity. Many government entities allow lawsuits against them, but require administrative proceedings beforehand. Each agency may have its own administrative requirements and deadlines. Accident victims should consult with a Missouri car accident attorney to make sure their options are not limited.

Missourians from Cole Camp and Sedalia were moderately injured in a Pettis County Missouri car accident on October 12, 2011 at 7:45pm. The Wednesday evening accident occurred near the intersection of Highway U and Anderson School Road. Two vehicles were involved in the injurious Missouri car accident.

The Missouri car accident occurred as Diana M. Hamby of Sedalia, Missouri lost control of a 1997 Mercury while negotiating a curve. The Mercury crossed the centerline of the roadway and crashed into a 2006 Lincoln driven by Stanley D. Hazelrigg of Cole Camp, Missouri. The Lincoln drove off the side of the road into a roadside ditch. The impact of the accident caused the Mercury to spin on the roadway at the conclusion of the accident.

Three Missourians were injured in the Missouri car crash. Hamby and Hazelrigg suffered moderate injuries. Sharon E. Curtis, an occupant in Hazelrigg’s vehicle, sustained moderate injuries as well. All three injured Missourians were transported to Bothwell by APSI Ambulance. Both vehicles were totaled in the collision.

Negotiating a curve is a relatively dangerous maneuver. According to a national study of traffic accident fatalities conducted by the U.S. Department of Transportation, roughly 14.2% of fatal traffic accidents occurred while a vehicle was negotiating a curve. That figure translates into more than 5,000 deaths in a single year. For comparison, fewer than 150 people were killed while making a U-turn during the same period.

Drivers may need to reduce their speed to properly negotiate a curve. Drivers who fail to reduce their speed on a curved road are more likely to cross the centerline of the roadway into oncoming traffic or cross into another lane going in the same direction. Inadvertently crossing the lanes increases the risk of a serious Missouri car accident.

Safe drivers may have greater difficulty adjusting to the mistakes of negligent drivers on a curved road. The structures and foliage surrounding a curved road may obstruct the view of the road ahead. A safe driver may not have enough time to adapt to a negligent driver who crosses the centerline while negotiating a curve. Negligent drivers who fail to exercise care while negotiating a curve are putting the safety of others at risk.

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An 8 year old from Troy, Missouri was seriously injured when he was hit by a car while riding his bicycle. The boy was sent to an area hospital after the Lincoln County Missouri bicycle accident, which occurred on October 8, 2011 at 3:25pm.

8 year old Dominick L. Cantrell was riding his bike on Saturday afternoon on Main Street. 71 year old Charles A. Birdsong drove a 2005 Chevrolet Silverado on Cap Au Gris. The Lincoln County Missouri bike accident occurred as Birdsong attempted a right turn onto Main Street. The Chevrolet crashed into Cantrell’s bike.

Cantrell was seriously injured in the Missouri bicycle accident. The Air Evac helicopter transported the little boy to St. Louis Children’s Hospital for medical treatment. The Missouri State Highway Patrol did not report any injuries for Birdsong. There was no reported damage to Birdsong’s vehicle.

Unfortunately, hundreds of bicyclists die in bicycle traffic accidents each year. According to the national Fatality Analysis Reporting System (FARS), 630 “pedalcyclists” died in 2009. Other statistics shows that cyclists suffer injuries and fatalities at a much higher rate in traffic accidents than motorists. Unlike motorists, cyclists do not have the benefit of seat belts or air bags during the accidents. Cyclists only have helmets for protection. Some cyclists lack even helmet protection during a Missouri bicycle accident.

Missouri bicycle accidents may be caused by a motorists disregard for the rights of cyclists. Missouri laws grants bicyclists all the rights of motorists on Missouri’s public highways. However, some motorists interfere with the cyclist’s ability to fully enjoy those rights. For example, a motorist may check for motor vehicles before attempting a turn without checking for cyclists. The motorist’s inattention and lack of awareness of bicyclists may lead to a Missouri bicycle accident.

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An 11 year old from Hazelwood, Missouri died in a St. Louis County Missouri car accident on October 8, 2011 at 4:20pm. The Saint Louis County multivehicle accident occurred on I-170, near Missouri Route 115. A Hazelwood teen and a Florissant adult were seriously injured in the accident as well.

The St. Louis County Missouri multivehicle accident began as 16 year old Elizabeth J. Campanella of Hazelwood travelled off the left side of the interstate in a 2000 Nissan Maxima, crashing into the median cable barrier. The Nissan rotated into the path of a 2003 Chevrolet Blazer driven by 36 year old Grace T. Matney of Florissant. The Maxima and the Blazer collided. James M. Vanderiet of O’Fallon slammed into the rear of the Blazer in a 2007 Chevrolet Malibu.

11 year old occupant Katerina M. Campanella passed away in the St. Louis County Missouri car accident. Emergency personnel pronounced her fatality at the scene of the accident. Two of the drivers in the Missouri multivehicle accident were seriously injured. The teenaged driver Campanella was taken by Arch Helicopter to St. Louis Children’s Hospital. Matney was taken by Abbott Ambulance to Barnes Hospital in St. Louis.

Determining liability in a Missouri multivehicle car accident is complex. The degree of fault may not be as apparent as in single- or two-vehicle accidents. Investigators must answer questions such as: Which vehicles collided first? Was the second collision an uncontrollable result of the first collision? Is there more than one driver at fault for the collision? To discover the answer to these questions, investigators will study clues such as skid marks and vehicle contact points. Investigators may question witnesses, but witnesses may not have viewed the entire accident from beginning to finish. Investigators may question the drivers and occupants of the vehicles involved, but some of those parties may have difficulty recalling the details of the accident. The act of piecing together the accident for the court is imperfect.

Anyone who is involved in a Missouri multi-vehicle accident needs skilled legal representation. An experienced Missouri car accident lawyer will know how to study the facts of your collision to support your claim for compensation. If you are injured in the accident, the attorney will fight for your compensation in a personal injury lawsuit. If your loved one was killed in the accident, the attorney will navigate the Missouri wrongful death lawsuit so you can focus on the grieving process.

Andrew D. Hart of Blue Springs, Missouri lost his life in a Jackson County Missouri motorcycle accident. The fatal Jackson County Missouri motorcycle accident occurred on October 2, 2011 at 1:24pm.

The accident began as David C. Ponder of Springfield, Missouri was stopped in a 1993 Nissan for unknown reasons in the center lane of eastbound I-470 at View High Drive. Hart attempted to avoid the stopped car in his 2003 Harley Davidson motorcycle. Despite his attempts, the motorcycle struck the stopped car. The impact caused the car to overturn and travel off the roadway. Hart was ejected from his motorcycle.

Hart passed away in the Jackson County Missouri motorcycle accident. Ponder was moderately injured. He was transported to Research Medical Center by Lees Summit Fire Department. The parties were assisted by the Missouri State Highway Patrol, the Missouri Department of Transportation, the Lee’s Summit Police Department, and the Kansas City Police Department. According to reports, charges are pending.

The number of deaths caused by Missouri motorcycle accidents has been steadily increasing. According to data from the National Highway Traffic Safety Administration (NHTSA), more than 4,000 motorcyclists died in traffic accidents in 2009 alone. Data shows that traffic accidents killed fewer than 3,000 people each year from 1994-2000.

The risk of ejection from a motorcycle is high during a Missouri traffic accident. Unlike passenger cars, motorcycles are not equipped with seat belts to prevent ejection. Since motorcycles may be ejected during a collision, motorcyclists are advised to wear personal protective equipment, including helmets, gloves, and jackets.

Helmets are designed to protect the head during a collision. Full-face helmet is the best choice for motorcyclists. Gloves increase the amount of control that a motorcyclist maintains. Gloves may provide protection for the fingers and wrists. Jackets may be equipped with airbags. Jackets may cover back and chest protectors. Protective equipment may have plastic segments that enable motorcyclists to slide on the roadway after an ejection. Sliding on the roadway instead of slamming into the roadway may decrease the risk of injury.

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A woman from O’Fallon, Missouri was injured in a Missouri distracted driver car accident in St. Charles County. The St. Charles Missouri car accident occurred on October 1, 2011 at 5:31pm.

According to the Missouri State Highway Patrol, driver Jeanette M. Gau of Williamsville, Missouri “failed to keep a proper lookout” while driving on northbound Highway 79. Gau drove off the right side of the roadway just as driver Robert B. Porterfield attempted a right turn onto a private driveway. Gau crashed into the right side of Porterfield’s vehicle.

Regina G. Burns of O’Fallon, Missouri suffered the only reported injuries in the accident. Burns was an occupant in Porterfield’s vehicle during the Saint Charles Missouri car accident. St. Charles County ambulance transported Burns to St. Joseph’s West for medical treatment.

Missouri distracted driving car accidents may be becoming more common. According to the National Highway Traffic Safety Administration (NHTSA), 20 percent of injury-causing car accidents involved distracted driving in 2009. Distracted driving was related to the traffic accident deaths of 5,474 people in the United States that same year.

The United States Department of Transportation (USDOT) initiated a campaign against distracted driving in reaction to the number of fatalities and serious injuries sustained by Americans each year. According to USDOT, there are three types of driving distractions: visual, manual, and cognitive. Visual driving distractions take the distracted driver’s eyes away from the road. Manual driving distractions take the distracted driver’s hands away from the steering wheel. Cognitive driving distractions take the distracted driver’s mind away from the road.

Many distracting driver activities involve more than one type of distraction. For example, talking on a cellphone is both a manual and cognitive distraction. Cell phone conversations are a manual distraction because drivers may use their hands to operate the phone or gesture. Cell phone conversations are a cognitive distraction because some of the driver’s attention becomes devoted to the conversation instead of driving. Using a GPS navigation system may have the same effect. Responsible drivers should avoid engaging in any activity that could be a visual, manual or cognitive distraction while driving.

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A driver fled the scene of an accident after causing a fatal Missouri car accident. The Barton County Missouri car crash occurred on August 28, 2011 at 8:55pm.

Accident victim Christopher M. Wells drove a 2004 Ford pickup truck on U.S. Highway 160, 11 miles west of Lamar. David R. Bailey attempted to pass Wells in a 2007 Chevrolet pickup. Bailey slammed his vehicle into Wells vehicle while passing. Wells drove off the roadway and overturned. Bailey’s pickup struck a ditch to conclude the accident.

Bailey fled the scene of the accident. The accident proved fatal for Wells, a 39 year old from Carl Junction, Missouri. Both vehicles were totaled in the Missouri rollover accident. Bailey, the surviving driver, was not tested for intoxication because he fled the scene.

Missouri law empowers law enforcement officers to test surviving drivers of fatal Missouri car accidents for intoxication. Missouri statue §577.021 imposes a duty on law enforcement officers to test surviving drivers of fatal traffic accidents for intoxication. The statute specifically states: “Any state, county, or municipal law enforcement officer who has the power of arrest…shall make all reasonable efforts to administer a chemical test to any person suspected of driving a motor vehicle involved in a collision which resulted in a fatality or serious physical injury.”

The statute does not impose an absolute duty on law enforcement authorities. Instead, the statute commands that the law enforcement officers “make all reasonable efforts.” If drug testing cannot be done with reasonable efforts, the law enforcement officer has not violated the statute. For example, if the surviving driver fled the scene of the accident before law enforcement arrived, the law enforcement officers may not be able to test the surviving driver.

Missouri statute §577.021 ultimately improves the safety of Missouri’s public roadways. The statute states that the chemical tests may be used “as evidence of probable cause to arrest” in a trial. If law enforcement officers use their professional judgment to arrest the surviving driver at the scene of a fatal Missouri car accident, they can defend their judgment with the results of the chemical test. Enabling law enforcement officers to remove dangerous drivers from the road improves traffic safety for all Missourians.

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