Missouri Accident Lawyer Blog

Two injured, one seriously, in Missouri wreck

2010-09-03T22:05:22Z

Virginia Daughhetee, 60, was seriously injured in a Missouri car accident that occurred on I-55 in Pemiscot County near Portageville.

According to the Missouri State Highway Patrol, the accident began when a 2004 Chevrolet Trailblazer, driven by Brandi Taylor, 35, rear-ended Daughhetee's 2004 PT Cruiser while both vehicles were traveling southbound on the highway. The impact of the collision sent the PT Cruiser into the back of a tractor trailer and Taylor's vehicle ran off the right side of the roadway and overturned.

Daughhetee was airlifted to St. Francis Medical Center in Cape Girardeau for emergency treatment. Taylor was also injured and taken by ambulance to Pemiscot Memorial Hospital.

Typically, in car accident injury cases, the at-fault driver's liability insurance will cover the damages caused to the injury victim. Occasionally these cases can become complicated by insurance companies trying to limit the amount they pay out. To make sure your rights as an accident victim are protected, it is important to consult the legal advice of an experienced personal injury lawyer.

Tort reform popping back up in the news

2010-09-01T21:42:14Z

With mid-term elections on the horizon, politicians have their campaigns in full swing. While it's not quite the dominating story it was last year, healthcare reform continues to be a political lightning rod and the notion that tort reform will drastically reduce costs continues to crop up in interviews and campaign ads.

Generally when the words tort reform are used, it is in reference to capping the damages that can be awarded from a medical malpractice case. The reasoning, according to tort reform supporters, is that frivolous lawsuits and malpractice insurance premiums are driving up the cost of healthcare. If there was a cap on damages, they say, the malpractice insurance premiums would go down and the cost of healthcare for the average person would go down.

The fact of the matter is that malpractice costs make up only 2% of the total cost of healthcare in the United States. Even the most aggressive tort reform proposals would stand to save very little money overall. In fact, in states where damages for injuries caused by medical errors are limited, there hasn't been a dramatic drop in healthcare cost for the average person. Sure, malpractice insurance premiums for doctors and hospitals fall in some cases, but they are such a small percentage of overall cost that the savings aren't passed on to the consumer.

The real tragedy is that these money saving measures can keep injury victims from getting the help they need. If payouts are reduced arbitrarily, it becomes financially impractical for personal injury attorneys to take on certain cases, even if the claims are meritorious. These victims are then left without legal representation and can't get the help they need to recover.

Another benefit of malpractice lawsuits is that they hold negligent doctors accountable for their errors. Most doctors do wonderful work most of the time, but mistakes are made and some doctors have a pattern of negligent practices. Actually, the majority of malpractice cases are brought against a small percentage of doctors. There are also cases where the negligence is so great that punitive damages above and beyond the economic cost of the errors is the only way to properly hold those responsible accountable. These are the types of cases where a foreign object is left in a person's body after surgery or disease is spread because a clinic didn't dispose of syringes after they were used in order to save money.

Tort reform advocates like to say they are trying to lower costs, but if they restrict the ability of malpractice lawsuits to hold negligent healthcare providers accountable, there's a great chance that we will only see an increase in the number of medical errors. 98,000 people already die each year as the result of medical error, making it the sixth highest preventable cause of death in the country. That's the cost we can't afford.

New studies emphasize dangers of distracted driving

2010-08-30T13:14:13Z

Two recent studies have added to the mountain of data showing that distracted driving is a major cause of car accident injuries.

The first study, which was released earlier this year by the Washington Post, said that 28% of accidents are at least partially the result of talking on a cell phone or texting. Incidents involving talking on a cell phone are still the number one type of distracted driving wrecks with about 1.4 million cases each year. Crashes caused by texting have been increasing, though, over the last few years and as many as 200,000 wrecks are blamed on texting annually. Imagine the number of lives that could be saved if everyone decided it wasn't worth the risk to drive while on the phone and we, as a nation, cut out over a quarter of our yearly accidents.

A study by Car and Driver Magazine continued the exploration of how distracted driving compares to drunk driving by impairing reaction times. According to their trials, an unimpaired driver will take 0.54 seconds to brake when faced with an unexpected obstacle. Someone who is at the legal limit of 0.08 BAC will be delayed and take, on average, an additional four feet to stop when traveling at highway speeds. While four feet may not sound like a lot, it can be the difference between a near miss and a fatal car accident.

The really shocking results came when they tested distracted drivers. Test subjects who were asked to read an email while driving added more than 30 feet to their stopping distance when at highway speeds and texters needed an additional 70 feet to stop.

Studies like these have not gone unnoticed. Many states, including Missouri, have begun to limit distracted driving by resticting texting or cell phone use for at least some drivers. Mothers Against Drunk Driving have also gotten involved and made combating distracted driving part of their group's mission.

One killed and 5 others injured in tragic Missouri wreck

2010-08-26T13:03:49Z

Matthew Eberhardt, 32, was killed and five others were hospitalized after a car accident in the St. Louis area along Highway 67.

Eberhardt was riding in a 2000 Dodge Stratus, driven by Melinda Carter, 39, that had stopped on Victoria Road at the intersection with Highway 67. According to the Missouri State Highway Patrol, when Carter pulled forward into the highway, she crossed into the path of another vehicle, a 1998 Dodge Dakota, driven by Johnathan Fisk, 22. The right front of the Dakota struck the left front of the Stratus, totaling both vehicles.

Eberhardt was taken to Jefferson Regional Medical Center where he was pronounced dead. Carter and a passenger in the Dakota, Terrance Dugan, 25, both suffered serious injuries and needed to be airlifted to local hospitals. Fisk and two other passengers in his vehicle, Rebecca Stallard, 20, and Thomas Voyles, 25, were also injured.

Only Fisk and Stallard were wearing a seat belt at the time of this deadly Missouri car accident.

An accident reconstruction will be performed since there was a fatality in this case. The reconstruction team, along with other investigators, will try to piece together exactly what caused this wreck and figure out the exact sequence of events leading to the collision.

Four vehicles involved in chain reaction crash

2010-08-24T15:14:40Z

A four-car Missouri injury accident on Highway 30 in Jefferson County sent Megan Breuer, 26, to the hospital with serious injuries.

The crash was a chain reaction, bumper-to-bumper wreck that occurred as three of the vehicles, including Breuer's, were stopped at a traffic signal at the intersection of Highway 30 and Route PP. As the cars were waiting for the light to change, a fourth car, a 1993 Pontiac Bonneville driven by Anthony Ventiniglia, 27, crashed into the line of cars. The force of the impact pushed each car into the next and caused the injuries to Breuer.

Breuer was taken by ambulance to St. Clair Hospital for emergency treatment. Ventiniglia and the other two drivers were not listed as injured on the initial crash report.

According to the Missouri State Highway Patrol, Ventiniglia didn't see the line of cars and that's what caused the St. Louis area car crash. They did not comment on why Ventiniglia didn't see the traffic directly in front of him or if he was distracted by something else.

The initial report also says that Ventiniglia was driving without insurance, though no citation was listed.

Massive 22-vehicle crash injures 9

2010-08-22T16:07:35Z

Rain soaked roads and a hydroplaning car are being blamed for triggering a chain reaction Missouri car accident on I-70 in Columbia that ultimately involved 22 separate vehicles and sent nine people to the hospital.

Many of the details are not yet available as investigators are still trying to determine the exact sequence of events. An injury accident of this size with so many collisions could take weeks of investigation before all the facts are known, but the Columbia Police Department has issued a statement with their preliminary findings.

According to the CPD, the pileup began in the westbound lanes when a Pontiac Grand Prix began to hydroplane and spin out of control. The Grand Prix hit a guardrail before returning to the roadway where it was hit by a Dodge truck. As other cars slowed to avoid the accident, a tractor-trailer hit a stopped car setting off another chain reaction of collisions.

Nine people were taken to the hospital and three of them were described as having serious injuries.

While the rainy conditions seemed to play a role in this Columbia injury accident, weather is not seen as a legal defense in crashes like these. Drivers still must be in control of their vehicles regardless of wet or icy conditions just like they are responsible for their cars when the weather is nice.

When dangerous driving conditions arise, there are several simple steps to take that can greatly reduce your risk of being involved in an accident. Make sure your headlights and wipers are in good working condition at all times and use them when it starts to rain. Being able to see the road ahead and making sure other drivers can see you is an important factor in these situations. Also, give plenty of extra space between your car and the vehicles ahead of you. So often these chain reaction crashes are the result of drivers following too closely, especially on slick roads. Finally, if you don't feel comfortable driving in the current conditions, pull over at the next exit. It's not worth putting yourself or others in danger when you can wait 20 minutes for the worst part of a storm to blow over.

Even if you are a responsible behind the wheel, that doesn't mean you are completely safe from other negligent drivers. If you have been the victim of injury due to someone else's negligence, it is in your best interest to contact a Missouri personal injury lawyer to make sure your rights as an accident victim are protected.

One killed and two injured when driver runs stop sign

2010-08-20T12:20:54Z

Harold Groves, 75, was killed and two others were seriously injured in a Missouri car accident that occurred early Friday morning at the intersection of Route M and Route D.

Groves and a passenger, Michael Wheeler, 15, were heading southbound in a 2002 Ford at the time of the wreck. According to the Missouri State Highway Patrol, as they approached the intersection, a second car failed to stop at a stop sign and pulled into their path. The second car was a 1997 Lincoln, driven by April Crawford, 32. Groves was unable to avoid a collision and crashed into the side of the Crawford's car.

Groves was pronounced dead at the scene. Wheeler and Crawford were rushed to University Hospital in Columbia for emergency treatment.

None of the people involved in this Missouri injury accident were wearing a seat belt at the time of the crash.

Two Missouri car wrecks send multiple people to the hospital

2010-08-18T22:05:21Z

Two serious car accidents on rural Missouri highways sent three people to the hospital in a matter of hours.

The first wreck occurred on Highway 8 at West Road, according to the initial crash report. Patricia Williams, 25, was heading westbound on the highway in a 1992 Chevrolet pickup followed by a 2004 Ford Taurus, driven by Kimberly Nixon, 37. When Williams slowed to make a left turn, Nixon's vehicle slammed into the back of Williams' pickup.

Despite wearing a seat belt, Williams sustain significant injuries and was taken by ambulance to a local hospital. Nixon was not listed as injured.

While there are more details that need to be investigated aside from the brief description in the initial crash report, this case may full under the guidelines of the rear end collision doctrine. Basically this doctrine says that all drivers are to be in control of where their vehicle is going and that in rear end collision cases, negligence is assumed on the part of the at-fault driver. There are certain cases of exception when it comes to auto accident injuries, so anyone with specific questions about their case should consult with a Missouri car accident lawyer.

The second accident took place on Missouri 52 in Morgan County and sent Gary Abbott, 40, and Timothy Vanderveld, 17, to the hospital.

According to the investigating trooper from the Missouri State Highway Patrol. Abbott was heading westbound in a 1997 Dodge when Vanderveld pulled out in front of him in a 2001 Toyota. Unable to avoid a collision, Abbott's car crashed into the driver's side of Vanderveld's.

Three drivers injured after multi-car accident

2010-08-16T15:47:32Z

A Missouri car accident on Highway 40 in St. Charles County involved three vehicles, multiple collisions, and left three people seriously injured.

The incident took place about a mile west of Route K and began when David Thiedke, 50, drove his 2007 Chevrolet Cobalt off the roadway and into the median. According to the investigating trooper from the Missouri State Highway Patrol, Thiedke's car broke through the median cables and entered the oncoming traffic lanes where it struck a 2008 Chevrolet Equinox, driven by Carol Ebbesmeyer, 66. The force of the impact sent Ebbesmeyer's car off the roadway and into a guardrail. Thiedke's car remained in the roadway where it was struck by a third vehicle, a 2004 Chrysler Town and Country driven by Jill Knelange-Hummel, 42.

Thiedke, Ebbesmeyer and Knelange-Hummel all sustained serious injury and were transported to St. John's Mercy for emergency treatment.

All drivers involved were wearing a seat belt at the time of the wreck.

It is not yet known what exactly caused this St. Louis area car accident. The initial report doesn't say what caused Thiedke to lose control of his car and drive into the median.

Median cables have typically been very good at keeping cars from crossing into oncoming traffic while causing as little damage as possible to an out of control car. Further investigation into the speed and angle of impact for Thiedke's car will shed some light on how the vehicle was able to pass through the median.

Two injured in Missouri after Highway 60 wreck

2010-08-14T19:22:03Z

Dana Pope, 28, and Tracy Crutchfield, 53, were both hospitalized after a major car accident on Highway 60 in Stoddard County, Missouri.

According to the accident description in the initial crash report, Pope was heading eastbound in a 2000 Dodge on the highway near the intersection with County Road 717. Crutchfield was in a 2002 Kia and was heading southbound on County Road 717. Crutchfield pulled into the path of Pope's vehicle and Pope was unable to avoid a collision.

Both drivers were hospitalized with significant injuries. Crutchfield's injuries were so severe, she was air lifted to St. Francis Medical Center in Cape Girardeau.

The details listed in the accident report do not tell us what speeds the two drivers were traveling.

After a serious Missouri car accident, it is often advisable to contact a personal injury attorney to discuss your case. Insurance and liability issues can quickly complicate a case and serious injuries can be a huge financial burden as well as keep victims out of work for weeks.

When consulting a car accident lawyer, it is important to seek out someone who you feel comfortable with and who you trust to help you protect your legal rights. Gather as much information as you can and request a free consultation from lawyers from different areas as proximity is not the best way to decide your legal representation.

Speeding is major cause of St. Louis car accidents

2010-08-13T02:33:44Z

Statistics on drivers along I-70 show that a leading cause of St. Louis car accident injuries is speeding, followed closely by distracted driving and dangerous maneuvers such as reckless lane changes and tailgating.

These results were printed in a report from the St. Louis Post Dispatch and comes after local law enforcement has begun a crackdown on speeders on the stretch of highway between the Blanchette Bridge and the city. According to the report, over the last four years, speeding contributed to 31 percent of accidents along that segment of I-70. Inattention or distracted drivers contributed to 22 percent of St. Louis car accidents in that area.

The data came from the records posted by the Missouri State Highway Patrol. Crash reports filed by troopers may list more than one contributing factor, so some accidents may have been caused by a combination of different negligent actions.

Area officials have been considering various measures to try and cut down on the number of incidents in that area. It was speculated in the article that speed trap cameras may be installed along I-70. The use of traffic cameras has been widespread at area intersections over the past several years and a speed camera has been in use on I-170 for weeks. Some believe these and other strategies can be used to prevent accidents.

If you have been involved in an accident caused by another driver's negligence, contact a St. Louis car accident attorney to discuss your case and make sure your rights as an accident victim are protected.

Missouri man killed in railroad crossing accident

2010-08-10T19:06:37Z

John Norris, 79, was killed in a Missouri railroad crossing accident when he attempted to cross tracks in Saline County on Tuesday morning.

According to the Missouri State Highway Patrol, Norris was driving a 2006 Dodge and approached the marked crossing on English Street shortly after 11:00 a.m. The investigating officer said the lights and bells at the crossing were working at the time of the crash, but Norris failed to stop and his car was hit by the train.

Norris was pronounced dead at the scene. The train, which was a single engine GP40 locomotive from KC Southern, sustained only minor damage and was later driven from the scene.

While the initial accident report described the lights and bells as working, it is not known whether the train conductor sounded his horn as he approached the crossing.

Missouri is one of the ten most dangerous states for railroad crossing accidents, according to fatality rates. A recent report found that the state has more than 2,000 dangerous crossings that are unguarded with no lights or warning signals.

Even crossings with lights and crossing guards have been known to produce accidents. Malfunctions with the automatic warning systems and signage that is obscured by overgrown trees can leave even the most attentive motorist unaware of an approaching train. Once a car crosses into the path of a train, there is little a conductor can do to slow down as a fully loaded freight train can take up to a mile to come to a full stop once brakes are applied.

If you have questions about a railroad crossing accident claim, it is important to consult an experienced Missouri personal injury attorney who has a background with such accidents.

School bus accident facts

2010-08-08T21:48:16Z

While the region is still reeling from the fatal St. Louis area school bus crash on I-44, some are questioning the safety of school buses in general and looking back on what we can learn from previous incidents. The St. Louis Post Dispatch, for example, published a list of past school bus accidents in the area. Here are just of few examples from that list:

February 2010 - Three people are injured, including a child, in a head-on collision with a school bus in St. Louis.

October 2007 - 32 people are injured when a school bus flips over in Oates, Missouri.

November 2006 - Two people are killed in an Missouri school bus accident involving a bus, two tractor-trailers and a car.

August 2003 - A young girl is killed and more than a dozen more are injured when a bus runs down an embankment in Hillsboro, Illinois.

Despite these notable and tragic cases, school buses are statistically one of the safest ways for children to travel. Every year, there are about 6,000 bus related injuries and 20 deaths. Compare that to 78,000 teen drivers who are involved in an injury accident each year.

Many people note that most school buses do not come equipped with seat belts for many of the riders. While this is the case, the vast majority of injuries and fatalities in school bus crashes come from other vehicles involved in the wreck. Like tractor-trailer crashes, the large size and weight of school buses make them more dangerous to smaller passenger vehicles.

School bus accidents can be very complicated from a legal standpoint and, while they are rare, the injuries sustained can result in months of rehabilitation costing thousands of dollars. Whether an accident is caused by negligence on the part of the bus driver or another motorist, those responsible need to be held accountable and injury victims need to have the resources to make a full recovery. If you have questions about a school bus injury claim, contact a Missouri personal injury lawyer to discuss your case. Many will offer you a free consultation so there is no risk or obligation involved.

Terrible school bus crash kills two, injures at least 50

2010-08-05T21:39:33Z

Photo by KMOV TV

A day of celebration turned into a horrific and tragic incident for students in the St. James School District who were involved in a fatal Missouri school bus accident on their way to Six Flags. Initial reports say two people have been killed, one a female student and another in a GMC pickup, and up to 50 people have sustained injuries.

The investigation is still in the very early stages, but some details have already begun to emerge. The two buses were carrying band members from John F. Hodge High School on an annual trip to Six Flags. Ahead of the buses was a Volvo tractor cab without a trailer that had slowed or stopped due to traffic caused by a construction zone. The GMC pickup collided with the back of the stopped truck. According to numerous local media sources, the driver of the first school bus, which carried all the female members of the band, was changing lanes due to a stalled vehicle and was unable to stop before hitting the pickup and truck tractor. The second bus then rear-ended the first bus, which was pushed on top of the smaller pickup.

The female student who was killed was sitting in the back of the first bus and likely sustained her fatal injuries when the second bus crashed into the first. The driver of the pickup truck was also pronounced dead at the scene.

The rest of the accident victims, including students, bus drivers and the truck driver, were treated at various local hospitals. At least one student was flown to St. Louis Children's Hospital for emergency treatment. More than 30 students were transported by charter bus to Cardinal Glennon Hospital. Others were taken by ambulance to hospitals in Washington, Creve Coeur and Fenton. Many of the injured students were fortunate to escape the wreck with relatively minor bruises and cuts and will not need to be hospitalized.

Climate Express Inc. operates the truck that was initially hit. Examining their safety profile shows the company is above average in their safety inspection ratings. The company has 118 drivers and has been involved in four injury accidents in the past two years.

Our thoughts go out to all those who were involved in this terrible accident and their families.

Officials say it could be up to two weeks before an accident reconstruction can be conducted to determine the exact sequence of events that led to this terrible accident.

From the perspective of a St. Louis personal injury attorney, there are many questions that still need to be answered. We do not know what speeds the vehicles involved were traveling at. We also don't know what caused the pickup driver to crash into the back of the Volvo truck in the initial collision. Why did not one, but two school bus drivers fail to see an accident on the road ahead in enough time to stop? How far apart were the vehicles when they were moving?

The NTSB reported they will launch an investigation concerning the probable contributing circumstances surrounding this Missouri bus crash. The NTSB made it equally clear they would not be commenting or making any conclusions concerning fault or liability. Both fault and liability are legal terms and investigators are hesitant to extend their conclusions into this arena.

The investigators request any witness to this crash immediately contact the Missouri Highway Patrol or the NTSB with any additional information. Sometimes, people are hesitant to give oral statements to investigators because they simply don't want to be involved. However, it is extremely important to overcome this hesitation and realize you have a unique opportunity to help understand how this St. Louis bus crash occurred and who is at fault. Unfortunately, neither the Missouri Highway Patrol or the NTSB have opened the door to emailed information. If you have information concerning this St. James Missouri bus accident, if you dont feel comfortable contacting the authorities, feel free to email me and I will immediately contact officials with your information.

Toyota recalling more than 400,000 cars

2010-08-03T12:40:17Z

Toyota Motor Corp. will recall over 400,000 cars in the U.S. and another 16,000 from Japan because of a potentially dangerous vehicle defect related to the steering mechanism.

Most of the recalled vehicles are the Avalon model and were manufactured between 2000 and 2004. The problem revolves around the steering lock bar. A problem has been discovered with the casting of the bar that could produce cracks and eventually a total failure of the mechanism. In these cases, the steering wheel could lock up and drivers could lose control of their cars causing a serious car accident.

While several incidents have been reported and the problem has been confirmed by Toyota, no serious car accident injuries have been reported in relation to this defect.

If your vehicle is among the ones being recalled, contact your dealer. They will replace parts in the steering column to prevent a total steering lockout.

This latest recall only adds to the list of recalled vehicles for the automaker. Since last fall, Toyota has recalled more than 8 million vehicles, most due to braking issues that reportedly led to numerous serious accident. The company is facing over 200 lawsuits relating to these problems and has already been assessed a $16 million fine from government regulators.