Missouri Accident Lawyer Blog

Three vehicles were involved in a Howell County Missouri rear end car accident on New Year’s Eve, 2011, at 7:10pm. The Missouri chain reaction rear end collision occurred on U.S. Highway 160, just half a mile west of West Plains, Missouri.

Two vehicles were stopped in traffic on westbound US-160: a 2005 Ford Freestyle and a 2009 Chevrolet Cobalt. A 2009 Chevrolet Malibu crashed into the rear of the Freestyle. The impact caused a chain reaction. The Freestyle was shoved into the rear of the Cobalt.

An occupant in the Freestyle suffered physical injuries in the accident. Arline P. Ebarb, 64 of Alton, Missouri was transported to Ozarks Medical Center in nearby West Plains, Missouri.

People involved in Missouri multivehicle accident often wonder: who is liable in a Missouri chain reaction car accident? Chain reaction accidents typically occur when the first vehicle crashes into the rear of a second vehicle. The impact of the first collision pushes the second vehicle into another vehicle. The process may cause even more collisions on particularly crowded highways.

Determining who is at fault in a Missouri multivehicle car accident is a complex process. If the chain reaction accident began when the first vehicle crashed into the rear of a second vehicle, the driver of the first may be partially at fault for the accident. Was the first driver engaged in a distracting activity like texting when the crash occurred? Was the driver operating at a speed that was too fast for the traffic conditions when the accident occurred? The first driver in a chain reaction accident will be under scrutiny for negligent behaviors that may have caused the accident.

Other drivers involved in the later portions of a Missouri chain reaction multivehicle accident may be held liable. Missouri courts the theory of comparative negligence. With comparative negligence, the court and the jury may find more than one party liable for the accident. The jury will determine the percentage of fault that should be apportioned for each party. Any damages awarded will be adjusted by the percentage of fault.

A St. Charles Missouri multivehicle accident occurred on westbound Interstate 70, just .4 miles east of Missouri Route W. The St. Charles County Missouri car accident involved five vehicles, and resulted in a great deal of property damage and physical injury.

The Missouri multivehicle accident began when Laura A. Jager of Columbia, Missouri stopped her 1997 Nissan Altima on the highway because of a previous accident. A 2005 Pontiac Grand Prix driven by Nicole J. Ayala of St. Louis, Missouri slammed into the rear of the Altima. The Altima travelled off the left side of the roadway and struck the cable median barrier of the highway.

The impact spun the Grand Prix counterclockwise, and the Grand Prix struck two additional vehicles: a 1999 Pontiac Grand Am driven by Laura J. Hollman of Foristell, Missouri and a 2012 Chevrolet Equinox driven by Elizabeth J. Flesch of Warrenton, Missouri. Ivis N. Martinez of Honduras, South America attempted to avoid the accident and travelled off the right side of the roadway in a 2002 Chevrolet Trailblazer. While off the roadway, the Trailblazer crashed into the Grand Prix.

Missouri multivehicle accidents occur when more than two vehicles are involved in a single collision. Multivehicle accidents typically happen on large, high capacity roadways like interstate highways. When a standard, two-vehicle accident occurs on a highway, other drivers may fail to stop before striking the wreck themselves, creating a pile-up. Other drivers may swerve or initiate quick lane changes in an attempt to avoid the wreck. An attempt to avoid a Missouri pile-up car accident may result in an overturned vehicle or another collision.

Multivehicle accidents often result in a large number of injured parties. Each vehicle may be been struck more than once in a pile-up. A car may crash into an existing wreck, only to be struck by another vehicle from behind. If an accident victim suffered injuries in the initial collision, the later strikes may exacerbate them. Several drivers are involved in Missouri multi-vehicle car accidents, and they may have been carrying several occupants each. A large number of people in vehicles struck multiple times are a recipe for disaster.

The injuries of an accident victim in a Missouri multivehicle car accident are at risk of remaining untreated for a longer length of time, compared to injuries in single- or two-vehicle accidents. Rescue personnel may have a more difficult time freeing the accident victims from the wreckage because of the number of vehicles involved. When an accident victim is gravely injured, every moment counts. Multivehicle accidents create serious risks for accident victims.

The parents of Adrienne Martin, the woman who died from an overdose in the home of August Busch IV, were allowed to intervene as plaintiffs in the ensuing Missouri wrongful death lawsuit. The Missouri Court of Appeals in the Eastern District allowed the parents to intervene as plaintiffs in the Missouri wrongful death suit filed by their grandson, the son of the deceased.

The intervention was allowed on appeal. The parent’s petition to intervene was originally rejected by a trial court in Cape Girardeau. The appeals court ruled that the parents could argue for a portion of the $1.5 million settlement that was already agreed to by the parties. The settlement was delayed by the court while the parents appealed to intervene as plaintiffs.

Intervention is the legal process by which a third party may join into an ongoing lawsuit. Legal intervention in Missouri courts is governed by Missouri Rule of Procedure 52.12. Missouri Rule 52.12 is very similar to Rule 24 of the Federal Rules of Civil Procedure, which governs intervention in federal courts. Under Rule 52.12, two types of intervention exist in Missouri courts – intervention of right and permissive intervention.

Intervention of right is granted to a potential intervener when: (1) a statute grants the intervener an unconditional right to intervene under the circumstance; or (2) the lawsuit concerns a transaction or property that the intervener has an interest in, and the intervener’s interest may be impeded by the disposition of the lawsuit.

Permissive intervention exists is granted to a potential intervener when: (1) a statute grants the intervener a conditional right to intervene; or (2) the intervener’s claim has common questions of law or fact as the main lawsuit. Permissive intervention also exists for government agencies under particular circumstances.

Intervening as a plaintiff in a Missouri wrongful death lawsuit may be difficult for the parents of an adult accident victim. If the accident victim had a spouse or children, the spouse and children are considered Class 1 representatives. Other family members – brothers and sisters, the parents of an adult accident victim, etc. – are typically barred from filing a wrongful death lawsuit if there are any Class 1 representatives to act as plaintiffs. The trial court may have ruled that Adrienne Martin’s parents could not intervene as plaintiffs in the Busch wrongful death suit because the original plaintiff, Adrienne Martin’s son, was a Class 1 representative.

An inattentive driver caused a Saint Charles Missouri rear end car accident on Christmas Eve, December 24, 2011. The Saint Charles distracted driving accident happened on I-70, 1.2 miles east of Lake St. Louis Boulevard.

Timothy L. Byrd, 23, of St. Louis, Missouri caused the accident when he reached for his cellphone while driving on westbound I-70. Byrd reached for his cellphone while changing lanes, causing his 2001 Oldsmobile Alero to crash into the rear of a 2010 Ford Focus. The force of the impact forced both vehicles off the north side of the interstate highway.

Nona F. Buchanan-Pelzer, 44, of St. Louis, Missouri suffered the only reported physical injuries in the accident. Buchanan-Pelzer was an occupant in the Ford Focus that was struck in the St. Charles Missouri rear end car accident. She was transported by St. Charles County Ambulance to St. Joseph West Hospital for medical treatment. The Ford Focus, which was owned by driver Verse E. Buchanan of Tennessee, sustained extensive damage.

A car accident may harm different accident victims in different ways. In the above accident, one accident victim suffered physical injury while the other sustained property damage. Each accident victim may bring a lawsuit against the defendant driver for the harm caused by the accident. However, the accident victims may want to bring their lawsuits together.

Missouri statute §507.040 allows plaintiffs to join their lawsuits together if their claims are “arising out of the same transaction, occurrence…and if any question of law or fact common to all of them will arise” in the lawsuit. Accident victims harmed by the same St. Charles distracted driving accident are allowed to join together their claims under the statute. The accident constitutes a single “occurrence” out of which the lawsuits arise. The lawsuits of the accident victims will have common questions of law or fact, since the same conduct and events led to the harm suffered by the accident victims.

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A woman from Imperial, Missouri was injured when her car was struck in a Jefferson County Missouri rear end car accident. The injured party was taken to St. Anthony’s Medical Center by Rock Township EMS. The Missouri rear end car accident occurred on December 20, 2011 at 7:10pm.

Melisa A. Zeigler of Imperial, Missouri was driving on West Outer Road Interstate 55, south of Old Antonia Road. The 18 year old driver stopped her 2008 Saturn Astra. Then, a 2003 Pontiac Bonneville crashed into the rear of her vehicle. The Pontiac was driven by Linda L. Linpert, 50, also from Imperial, Missouri. The force of the impact forced the Pontiac off the roadway and it travelled down an embankment.

Serious physical injuries often occur in Missouri rear end impact car accidents. The sudden change in velocity and direction may result in neck, including whip lash injuries. “Whiplash” is a term that refers to a range of neck injuries caused by sudden distortions of the neck. Serious whiplash injuries cause pain, nerve damage, disc damage, and even fractures. Symptoms of minor whiplash injuries include dizziness and headaches.

Neck injuries are particularly dangerous in a Missouri rear end car accident because they may be difficult to for an accident victim to diagnose. Neck injuries are notorious for having delayed symptoms. An accident victim may feel relatively fine after the accident, only to suffer immense pain later. Accident victims are always at risk for whiplash injuries in a rear end accident, and should therefore accept any onsite medical treatment that is offered to them.

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The National Transportation Safety Board (NTSB) voted to recommend a total ban on the use of personal electronics during the operation of motor vehicles. The “personal electronics” includes mobile phones and other electronic devices. The NTSB’s recommendation goes further than most federal, state, and local bans on handheld electronic devices. Many bans focus on actual use of the device – texting, talking, etc. Other bans focus on the handheld nature and allow drivers to use hands-free devices. The NTSB, an independent agency of the federal government, has determined that the current bans on mobile phones and other electronic devices do not go far enough.

The NTSB voted unanimously for the ban after reviewing the details of the tragic Missouri school bus accident that occurred in 2010. In that accident, a pickup truck driver crashed into a tractor trailer that had slowed in a construction zone. Two school buses carrying dozens of high school students crashed into the wreck. Two people died in the Missouri pickup truck accident and dozens were injured. After the accident, the authorities discovered that the pickup truck driver had been texting while driving. In fact, the pickup truck driver had sent 11 text messages in the 11 minutes before the accident had occurred.

According to reports, texting while driving is becoming an increasingly serious problem. The National Highway Traffic Safety Administration (NHTSA) reports that many Americans admit to texting, emailing, and browsing the internet while operating a motor vehicle. According to the NHTSA, 16% of fatal crashes involve distracted driving. 20% of injury accidents involve distracted driving.

The effect of distracted driving on the rate of Missouri car accidents is the logical extension of its effect on the brain. According to a study from Carnegie Mellon, using a cell phone while driving decreases the amount of brain activity affiliated with driving by 37%. Cell phone use while driving delays a driver’s reaction to road conditions, regardless of whether the cell phone is hand held or not. In fact, the effect of distracted driving on the brain may be just as dangerous as drunk driving.

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A St. Charles County Missouri three vehicle accident occurred when a driver failed to notice stopped traffic on Highway 94, west of Kisker. The St. Charles County Missouri multi-vehicle accident occurred on December 19, 2011 at 11:18pm.

The late night accident occurred on eastbound on Highway 94. Alisa E. Siegel, 41, of Troy, Missouri failed to notice vehicles stopped ahead. Siegel crashed a 1993 Geo Storm into the rear of a 2003 Honda Accord driven by Kenneth R. Rubach, 18, of St. Peters, Missouri. The impact forced Rubach’s Honda into the rear of another vehicle: a 1999 Toyota Corolla driven by David Q. Hoang, 29, of Normandy, Missouri.

Three people were injured in the Saint Charles County Missouri chain reaction car accident. Siegel and Hoang sustained injuries. Elizabeth N. Forbes, 22, of St. Louis sustained physical injuries as well. Forbes was an occupant in Hoang’s vehicle. Hoang and Forbes were transported to Mercy Medical Center in Creve Coeur. Siegel was transported to St. Joseph Health Center East in St. Charles.

Drivers must pay careful attention to the environment in order to drive safely and prudently. Cars enter and exit the highway, change lanes, swerve to avoid road obstructions, and slow down unexpectedly. Drivers must be able to respond to these changing road conditions and more. When a driver fails to pay attention, the results may be dangerous.

Distracted driving is becoming a major public safety problem. Drivers are texting, reading their email, talking on the phone, and even applying makeup while operating their vehicles. Engaging in distracting activities while driving is negligent and may be the direct cause of an accident.

Federal, state, and local authorities are cracking down on distracted driving because of the enormous toll its taking on highway safety in this country. The Federal Motor Carrier Safety Administration recently banned texting while driving for truck and bus drivers. Missouri prohibits texting in “novice” driver. All drivers are legally obligated to drive prudently. Driving while distracted is not driving prudently.

Alexander C. Bright of St. Louis, Missouri was injured after crashing into a concrete median on I-44. Bright’s St. Louis County Missouri car accident occurred when he drove off the left side of I-44 in a 2002 Mitsubishi Lancer. The Lancer crashed into a concrete median. After colliding with the median, the Lancer returned to the roadway. The St. Louis County Missouri car accident continued as the Lancer drove off the roadway and crashed into the median again.

States and municipalities may be re-evaluating the type of highway median to build. Concrete medians are well-known, but the number of states installing cable median barriers are increasing. Cable median barriers are posts with three or four steel cables strung on them. During a St. Louis County Missouri car accident, the cables bend while the posts break. Cable median barriers are designed to absorb the forces created by a collision and redirect the vehicle’s direction along the barrier.

Concrete median barriers are not capable of the same movement. Concrete is a stiff material so it is less capable of absorbing the impact of an accident. Concrete barriers may increase the likelihood of serious physical injuries in a St. Louis Country Missouri car accident. Proponents of concrete median barriers, however, assert that concrete median barriers prevent dangerous crossover accidents.

Proponents of cable median barriers state that cable median barriers lessen the severity of a car crash and help states save money. Concrete median barriers may cost up to $500,000 per mile to install, while cable median barriers may cost $140,000 per mile. To many states, the cable median barrier represents a dual improvement in cost and safety.

Missouri was one of the first states to widely install cable median barriers. The state government determined that cable median barriers are generally safer than concrete barriers. If a Missourian is injured after crashing into a concrete median barrier, the government’s choice to maintain a concrete barrier may be partly responsible for the accident victim’s injuries.

Courtney D. Jackson, a 25 year old man from St. Louis, Missouri, was injured in a St. Louis County Missouri car accident. The St. Louis car accident occurred on eastbound I-70 at Natural Bridge Road. Jackson was driving a 1998 Ford Explorer on I-70 when he struck a pothole in the highway. Jackson lost control of the SUV and crashed into the right side guardrail of the highway.

Jackson suffered moderate injuries in the Saint Louis County Missouri car accident. Christian Northeast Ambulance transported Jackson to Barnes Jewish Hospital for medical treatment. There were no other reported injuries in the Saint Louis Missouri car accident.

There may be more Missouri car accidents caused by poorly maintained roads in the near future because of economic factors. The unemployment rate is slowly improving, but still depressed. High unemployment results in lower tax revenue to support government budget levels. As a result, all levels of government are examining where to cut spending from the budget. State and local governments may decrease their budgets by maintaining roads less often as before.

Poorly maintained roads increase the risk of Missouri car accidents. Potholes, guardrail damage, and other defects remain uncorrected for a longer amount of time when maintenance schedules are decreased. Nearby foliage and plants may stay overgrown, blocking important traffic signals. The traffic signals themselves may break down, only to be repaired after an accident. Decreased road maintenance creates many hazards for drivers.

People who are seriously injured in Missouri road maintenance car accidents may worry about how to obtain compensation. If the accident is a single-vehicle accident, the accident victim may mistakenly think that they cannot obtain compensation from anyone else. However, accident victims should not have to bear the loss caused by poorly maintained roadways. Federal, state, and local governments should maintain the roads to prevent serious car accidents.

Continue reading " Pothole Causes St. Louis County Missouri Car Accident on I-70 " »

Ronald L. Cullen of St. Peters, Missouri suffered a medical condition while driving on westbound I-70 earlier this week. Cullen was involved in a St. Charles County Missouri single car accident as he attempted to pull into in the shoulder of the roadway. Cullen drove a 1998 Ford Explorer off the right side of the interstate, crashing into an embankment. The St. Charles County car accident caused Cullen’s SUV to overturn to conclude the accident. Cullen was transported to St. Joseph’s Hospital East by St. Charles County ambulance.

Chronic illness may interfere with a driver’s ability to operate a motor vehicle. Illnesses that cause sudden, debilitating episodes are a particularly dangerous threat to public safety . For example, epilepsy may cause seizures. Epileptic seizure may cause unconsciousness and lack of muscle control, symptoms that make a sufferer incapable of fully controlling a motor vehicle.

All fifty states have enacted legislation aimed at preventing Missouri car accidents caused by medical conditions. If someone with epilepsy still has issues with active seizures, driving on public roadways may be illegal. However, many states allow epileptics who have their seizures under control may start driving again. These laws are focused on preventing accidents, not hindering the rights of people with a certain medical diagnosis.

Knowing how to recognize the signs of an impending medical emergency can help prevent Missouri car accidents. Chest pains that radiate to the arms may indicate an impending heart attack or cardiac arrest. Some people who suffer from seizures always experience an “aura” before the seizure begins. An aura is a feeling or sensation, or a series of feelings or sensations, which precede a seizure. Auras vary from person to person and can include emotions like fear or unpleasant sensations like a bad smell unrelated to the environment.

Recognizing the signals for an impending medical emergency is essential to preventing Missouri car accidents caused by medical conditions. If a driver experiences a medical condition while operating a motor vehicle, the driver should (1) turn on the hazard lights to alert other drivers about a potential problem, (2) pull over to the shoulder of the interstate or side of the roadway, and (3) call 9-1-1 for emergency services.

Continue reading " Medical Emergency in St. Charles County Single Car Accident " »

Five Missourians from Fenton, Dittmer, and House Springs were injured in a Jefferson County Missouri car accident on December 4, 2011. The Jefferson County multi-vehicle crash occurred on Missouri Route 30 at Old Sugar Creek Road.

The three vehicles involved in the accident were: 1) a 2008 Ford Expedition driven by Sheila L. Klash of Arnold, Missouri, 2) a 1996 Dodge Caravan driven by Nichole M. Santander of Fenton, Missouri, and 3) a 2006 Chevrolet Malibu driven by Cherlyn A. Land of House Springs, Missouri.

Land lost control of the Chevrolet and turned clockwise. The front of the Chevrolet crashed into the front of the Dodge. Then the Chevrolet crashed into the rear of the Ford. Most of the drivers and occupants in the three vehicles wore seat belts, but five people were still injured in the Jefferson County Missouri multi-vehicle car accident.

Three people who rode in the Dodge were injured in the accident. Santander, 36, Willima R. Thomas, 43, and Samantha L. Gray, 15, suffered moderate to minor injuries. Two people who rode in the Chevrolet suffered moderate to minor injuries: Land, 45, and Marilyn V. Dismukes, 74. All of the injured parties were transported to St. Anthony’s by the Mehlville Fire Protection District, except for Gray. Teenaged Gray was transported to Child Care Pediatric for medical treatment.

Missouri multivehicle accidents are likely to result in injury for at least one of the vehicle occupants. Multivehicle accidents often occur on interstate highways, where the rate of speed is much higher than on other roadways. If a vehicle moves out of its lane or a driver loses control on a major highway, other vehicles may be involved very quickly.

Determining the cause of a multi-vehicle accident becomes complex. Each vehicle may have multiple points of contact in the crash. The order of the crashes is difficult to reconstruct over the fact as well. Plus, if multiple drivers are involved there may be multiple attorneys involved. An accident victim without an attorney who faces multiple attorneys at the negotiation table or in the courtroom is at a distinct disadvantage. Accident victims who suffer injuries in Missouri multivehicle car accidents should obtain experienced legal counsel to protect their legal rights.

James V. Gobble, 35, of Chesterfield died in a St. Louis County Missouri head on car accident. The Saint Louis County Missouri front impact car accident occurred on eastbound I-64, east of Boone’s Crossing.

Gobble drove a 2005 Honda Civic westbound on the eastbound lanes of I-64 at 9:32pm on December 01, 2011. The Civic crashed head on into a 2004 Nissan Altima driven by Jorge P. Hernandez of O’Fallon, Missouri. The Civic and Nissan were both totaled in the St. Louis County Missouri car accident. The Missouri State Highway Patrol and local authorities could not immediately uncover why Gobble drove against traffic on the interstate highway.

Both Gobble and Hernandez were transported by Monarch Ambulance to Mercy Hospital in Creve Coeur, Missouri for medical treatment. Gobble was pronounced dead at the hospital. The authorities notified his next of kin. Hernandez survived the fatal St Louis County Missouri head on collision.

Occasionally, the person who passes away in a fatal Missouri car accident is the person who caused the accident. In this situation, a surviving accident victim may worry about whether they can obtain compensation for their injuries. If the person who caused the accident is dead, who may be sued?

In Missouri, the estate of a negligent driver may be sued in this situation. The lawsuit would continue just as if the negligent driver were still alive, with minor differences. For example, the summons and complaint would have to be served on the estate’s executor. This policy allows injured parties to recover compensation for injuries that resulted from the negligent conduct of another person. The accident victim should not have to bear the burden of recovering from the accident merely because the person who caused the accident passed away.

Missouri statute §537.020 allows personal injury and wrongful death to survive, “regardless of the death of either party.” This statute provides the substantive legal basis for the accident victim’s ability to file suit against the estate of a negligent driver.

Whether to file suit against the estate of a negligent driver is a serious decision that an accident victim should not take lightly. Accident victims may be concerned about other parties who may need to recover from the estate. Some accident victims feel uncomfortable suing the estate with the knowledge that spouses and children were left behind by the negligent driver. Our Missouri car accident attorneys understand the serious concerns that accompany the decision to sue. Contact our attorneys for a free legal consultation to discuss the legal and personal issues that may affect your decision.