Missouri Accident Lawyer Blog

A two-car crash injured five people, three seriously, Tuesday afternoon on Missouri 52 just west of Eldon, Missouri.

According to the Missouri Highway Patrol, a 2005 Dodge Ram Pickup, driven by Shane Davenport, 30, was traveling west on Missouri 52 when it swerved to avoid an unidentified car making a left turn. Davenport’s vehicle then crossed into the eastbound lanes where it hit a 1998 Pontiac Grand Prix, driven by Marilyn Byrd, 54, head-on.

Davenport was seriously injured as well as two passengers in Byrd’s vehicle, Junior Stone, 49, and Shannon Stone, 39. Byrd and another passenger, Jerry Barnhart, 52, suffered moderate injures. All of the injured were taken to Lake Regional Hospital in Osage Beach except for Byrd, who was taken to St. Mary’s in Jefferson City.

While the Missouri State Highway Patrol has a brief summary of the crash, this is just the opinion of investigating officer. Under Missouri evidence law, these opinions are considered hearsay unless the officer witnessed the crash or is trained in accident reconstruction. Since most highway patrol officers do not have this expertise, trained accident reconstructionists will need to be consulted in cases where legal causation as to liability is in dispute.

If you have been involved in a Missouri car crash, you should contact an experienced personal injury attorney as soon as possible. He or she will be able to organize an accident reconstruction and determine what parties are responsible.

The Bradley Law Firm has over 30 years of experience handling Missouri and Illinois car accident cases. Contact one of our attorneys today for a free consultation. We will advise you on how to proceed with your claim with no obligation to hire our firm. Also, we only collect attorney’s fees if we are successful in your case.

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A sad update to the story we’ve been following out of Philadelphia, one of the women hit while jogging has died.

Cindy Grassi, 53, died from her injuries late Saturday night. The other woman, who we now know is Sandy Wacker, 36, remains in critical condition with numerous upper body fractures.

Grassi and Wacker taught together at Mark Twain Elementary in Brentwood. They often traveled together to watch Cardinals’ road games and were in Philadelphia for the Cards-Phillies series last week. They were out jogging when a car ran a red light and hit them both.

Joseph Genovese, 18, was the driver of the car and was charged Friday with driving under the influence and aggravated assault, among other offenses, according to a St. Louis Post Dispatch report. The story also cited Philadelphia news sources saying Genovese has had previous drug charges brought against him.

As more information is learned about this tragic incident, we will post additional detail.

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Thresa McDonald, 39, was killed Saturday when the pickup truck she was riding in was hit by another truck on Highway 63 just south of Vienna, Missouri.

According to the investigating officer, McDonald was riding in a 1993 Chevrolet S10 driven by Ronnie Rollins, 28. Another pickup, a 2004 Ford F150 driven by Willie Stepp, 63, was negotiating a curve when it crossed the center line and hit the S10. Rollins’ vehicle overturned and ejected McDonald before coming to rest in a ditch. Stepp navigated his vehicle to a controlled stop in a nearby driveway.

McDonald was transported to St. John’s Hospital in Springfield where she was pronounced dead. Rollins was taken to Phelps County Regional Medical Hospital with moderate injuries, according to the highway patrol.

Charges are pending for Stepp. An accident reconstruction will be performed to determine exactly how this accident occurred and whether Stepp was negligent in operating his vehicle.

Whenever someone is injured by another person’s negligence, the liability insurance of the party at-fault is required to pay for medical bills, lost wages, pain and suffering, and any disability that results from the accident. Since these matters are very time sensitive, it is important to contact an experienced Missouri personal injury attorney as soon as possible.

The Bradley Law Firm has handled personal injury cases for more than 30 years. If you have been involved in an accident, contact us and our lawyers will discuss the details of your case for free. We only receive payment if we are successful on your case.

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Photo from WTXF - FOX 29 News

Two unidentified women are in critical condition after they were hit by a drunk driver during a jog Thursday morning. Both joggers were from St. Louis and had traveled to Philadelphia with their husbands to watch the Phillies-Cardinals game.

The driver is in custody and will be charged with a DWI, according to a Fox 29 report.

Witnesses say the driver ran a red light and hit the women as they crossed the street.

We will post more information on this incident when it is released. It is virtually certain the driver will face additional criminal charges.

While many more details need to be examined by a personal injury attorney, the DWI charge is the first sign of a negligent act. A DWI conviction constitutes per se negligence. Negligence per se is a legal doctrine which states an act is deemed negligent if it violates a statute or regulation designed to keep people safe and is the cause of the injury. In this case, the regulation violated would be the laws against drunk driving. If a personal injury lawsuit were to follow, the lawyer would need to prove the violation of this statute contributed to cause the accident.

The Bradley Law Firm has handled cases like this for more than 30 years. If you or a family member has been injured by a drunk driver, contact us as soon as possible to discuss your legal rights. Our lawyers can represent injured victims throughout the United States and regularly associate with counsel in states other than Missouri and Illinois to pursue claims. As always, we will provide a free consultations and you never receive any legal bill from us. We only recover a fee if we are successful on your case.

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Patricia Troester, 61, was killed Tuesday when the 2008 Toyota she was driving crossed through the cable median on I-70 near Independence and struck oncoming traffic.

Cheryl Shaddox, 57, was one of the oncoming drivers hit by Troester’s vehicle. Shaddox was transported to Centerpoint Hospital with moderate injuries, according to the highway patrol.

It is not know what caused Troester’s vehicle to leave the roadway and cross the median. An investigation that includes an accident reconstruction will follow to determine how Troester lost control and if there were any faults in the cable median designed to prevent fatalities in incidents like this.

This is only the second such crossover fatality since the cable medians were installed at that location four years ago.

According to the Kansas City Star, in the seven years prior to the cable medians, 30 people died in 18 accidents along that same stretch of highway. According to the Transportation Research Board (TRB), the stretches of I-70 that have cable medians have seen more than a 90 percent decrease in crossover fatalities.

The cables are most effective when struck at less severe angles. In those cases, the posts give and the cables deflect up to 12 feet, slowing vehicles before they fully cross into oncoming traffic.

In Tuesday’s crash, a highway patrol engineer believes Troester’s vehicle likely hit the median head-on which was why it crossed into oncoming traffic.

Despite the safety record, cable medians have not been installed on all Missouri highways. The major reason is the expense. One mile of the cable barrier costs up to $100,000 to install and up to $10,000 dollars a year to maintain, according to the TRB.

The Bradley Law Firm has handled Missouri and Illinois car accident cases for over 30 years. If you have been involved in accident, contact us for a free, no obligation consultation.

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A two-car crash on Missouri 43 Sunday night killed three people and left one seriously injured, according to the Missouri Highway Patrol.

The investigating officer said that both drivers, Jesse Neal, 32, and Marya Toler, 50, were killed and Daniel Toler, 48, a passenger, was also killed. All were pronounced dead at the scene.

According to the patrol report, Neal’s 2007 Chevrolet pickup crossed the center line and struck Toler’s 1998 Mercury head on.

A daughter of the Tolers, Rebecca Toler, 26, was flown to St. John’s Hospital in Joplin where she was listed in serious condition.

It is not known what caused Neal’s vehicle to cross the center line. Since there were fatalities, the highway patrol will do an accident reconstruction to understand what led to this tragic accident. This will involve looking at on-board data recorders as well as examining tire skid marks and debris to determine all the specifics of the crash.

After fault is determined, a personal injury attorney will be needed to help the family of those involved recover damages. Whenever someone is injured by another person’s negligence, the liability insurance of the party at-fault is required to pay for medical bills, lost wages, pain and suffering, and any disability that results from the accident. Since these matters are very time sensitive, it is important to contact an experienced Missouri personal injury attorney as soon as possible.

The Bradley Law Firm has over 30 years of experience in handling insurance claims. If you have questions regarding your insurance coverage, contact us today for free consultation.

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The St. Louis Post Dispatch reported the children of Andrea Whitehead were released from the hospital today after undergoing surgery. We previously reported on this tragic car accident when the Whitehead's vehicle traveled off highway 55 and off a 76 foot cliff. That Missouri car wreck claimed the life of Andrea Whitehead, but her children managed to pull through.

Here is the link to that story. Pay particular attention to this brave mother's last words to her children. They are truly touching.

http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/FA417844A5EBE47486257478004C5828?OpenDocument

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Carissa Resinger, 23, and Patricia Hellenbrand, 50, were seriously injured in a wreck Sunday afternoon near Barnhart.

According to the investigating officer, Resinger failed to yield at a red traffic signal on Route M and her 1997 Chrysler Sebring struck the driver’s side of Hellenbrand’s 1995 Chrysler Concord. Resinger’s car continued into the median where it hit a traffic signal post and came to a stop. Hellenbrand’s car traveled off the north side of the roadway and came to rest on an embankment.

Resinger was taken to St. John’s Hospital in Creve Coeur and Hellenbrand was transported to St. Anthony’s in South St. Louis County.

Side Impact Car Accidents are very dangerous because forces are absorbed by the human body from the side and most safety features in older vehicles, like the 1995 Concord involved in this accident, are designed to protect passengers from head on collisions.

Whenever someone is injured by another driver’s negligence, the liability insurance of the at-fault driver is required to pay medical bills, lost wages, and other expenses of the injured party. After a car wreck, insurance companies may contact you to give a statement. It is very important that you contact a Missouri personal injury lawyer before you give a statement. Anything you say may be recorded and used against you at trial. Missouri personal injury matters are time sensitive and must be investigated as soon as possible to achieve the full measure of justice allowed under Missouri law.

The Bradley Law Firm has handled personal injury cases for over 30 years. Contact us today for a free consultation if you or a loved one have been injured in a Missouri or Illinois car wreck.

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Photo by KTVI, St. Louis

An unidentified 35-year-old woman is dead and her two children are injured after their car fell 100 feet from a bluff along Interstate 55.

The Missouri car accident occurred Thursday morning near the Gasconade Street exit.

According to a Post-Dispatch report, witnesses said the woman swerved to miss another car and flew off the bluff. At this particular point along I-55, there is no guardrail, only a fence that was placed around some road equipment. The car passed through the fence and off the bluff, landing upside down on the ground below.

The children, a 12-year-old boy and a 9-year-old girl, were transported to an area hospital.

Many details still need to be released to fully understand the circumstances surrounding this tragic accident. An accident reconstruction report is underway to determine how the car left the roadway and whether a guardrail would have prevented this accident. We do not know if there have been similar accidents at this location before.

If it turns out that multiple accidents have occurred that could have been prevented by the installation of a guardrail, the family could bring a wrongful death suit against the state. Wrongful death claims are considered to be cases where a death arises as a result of negligence or an intentional act. Knowledge that this particular stretch of roadway is dangerous, but doing nothing to add safety measures, could be seen as negligence on the part of the Missouri Department of Transportation. In addition, there may be fertile ground for an uninsured motorist claim if the actions of the car the driver swerved to avoid was in any way negligent.

Claims for uninsured motorist and against MoDOT are very complicated and each case must be analyzed on its own set of facts to determine accountability. Frankly, I cannot imagine the state not knowing a 100 drop off existed on the other side of a flimsy fence. I firmly believe a reinforced guardrail should have been installed along the perimeter of the drop off and that it would have prevented this tragedy.

According to a KTVI report, MoDOT declined to comment on why there is no guardrail along I-55 and is waiting to review the accident reconstruction before releasing a statement. Once MoDOT does so, we will post it here as well as commentary. In the meantime, if additional details arise, we will update the blog.

If you or a family member has been injured in Missouri or Illinois as a result of negligence, contact The Bradley Law Firm for a free consultation. We have handled wrongful death cases for over 30 years and we only earn an attorney’s fee if we are successful in your case.

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Four people were injured, one seriously, in a two car accident Wednesday afternoon in Gallatin, Missouri.

Marquis Wheeler, 19, was driving a 1999 Toyota Celica west on Missouri 6 when she made a left turn in front of Audie Bland, 54, who was traveling east and was unable to avoid the collision, according to the highway patrol.

The investigating officer said Wheeler and Bland both suffered moderate injuries. The two passengers in the Celica, Kegan Green, 9, and Eowyn Otto, 3, suffered moderate and serious injuries respectively. All of the injured were transported by ambulance to Cameron Regional Medical Center for treatment.

If you have been injured in a Missouri car accident, it is important to contact an experienced personal injury attorney as soon as possible. Accident reconstructions are sometimes needed to determine fault in accidents and processing all the evidence quickly is essential to getting the coverage you deserve after an accident. Whenever someone is injured by another person’s negligence, the liability insurance of the party at-fault is required to pay for medical bills, lost wages, pain and suffering, and any disability that results from the accident.

The Bradley Law Firm handles personal injury cases and we only earn a fee if we are successful in your case. We also pay for all the costs and expenses of litigation and only get paid back if we are successful. Contact us today for a free consultation if you or someone you know has been injured in a Missouri or Illinois car wreck.

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Five people were injured, two seriously, in a two-car wreck Friday afternoon at the intersection of S.E Tobin Valley Drive and S.E. Crab Apple Drive near Cowgill.

Michael Mathews, 41, was driving westbound in a 1999 Dodge when he entered an uncontrolled intersection and was struck on the driver’s side by a 1998 Lincoln being driven by Barbara Eldridge, 39, according to the highway patrol.

Mathews’ vehicle overturned and caught fire next to the roadway.

The investigating officer said Mathews suffered moderate injuries and was taken by ambulance to Liberty Hospital. Vincent Mathews, 13, a passenger in the Dodge, suffered serious injuries and was airlifted to Children’s Mercy in Kansas City.

Eldridge and her grandson, Dashawn Fearno, 5, were taken by ambulance to Cameron hospital. Robert Eldridge, 63, who was also in the Lincoln, was airlifted to North Kansas City Hospital with serious injuries, according to the patrol report.

This incident is very similar to one we have been following in Lockwood, Missouri that also took place in an uncontrolled intersection. Just like that incident, this car accident occurred when two vehicles entered the intersection at the same time and the driver on the left failed to yield to the driver on the right.

Since uncontrolled intersections have no lights or signs to direct traffic, drivers must be sure they follow driving regulations on their own. If you are approaching an uncontrolled intersection, you must yield to any cars already in the intersection. If two cars enter the intersection at the same time, the driver on the left must yield to the driver on his immediate right.

A full investigation, including an accident reconstruction, will be needed to fully determine how this Missouri car wreck happened.

If you or a member of your family have been injured in a Missouri or Illinois car accident and would like a free legal consultation, contact us at The Bradley Law Firm.

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Danial Patton, 58, and Ronald Bieser, 59, were killed when the vehicles they were driving collided Wednesday evening on Highway 21 near De Soto, the Missouri Highway Patrol said.

According to the crash report, Patton’s 1994 Dodge Van was heading south when it crossed the center line, sideswiped a 2006 Chevrolet Malibu, and struck Bieser’s northbound 1990 Chevrolet 1500 head-on.

Patton’s vehicle spun to a stop on the highway while Bieser’s ran off the roadway, overturned, and Bieser was partially thrown from the driver’s side window. The Malibu spun across the center line, but did not impact any other vehicles or overturn, according to the highway patrol.

Patton was airlifted to Jefferson Memorial Hospital where he was pronounced dead around 8 p.m. Bieser was pronounced dead on the scene by paramedics. The driver of the Malibu, Henry Deibel, 80, was uninjured, according to the crash report.

Neither Patton or Bieser was wearing a seatbelt.

The investigating officer said Patton was driving his vehicle without insurance. Under Missouri law, all insurance plans (even liability only plans) come with uninsured motorist coverage which must provide at least $25,000 of coverage per person. Often insurance plans will not state that uninsured motorist coverage (UM) is included. This is a sneaky, unfair and borderline fraudulent trick most all insurance companies play on their insureds, hoping a claim will never be made. UM coverage typically is written for the same amount of liability coverage carried by the insured. This coverage allows drivers to file a claim against their own insurance company to pay compensation for bodily injury or death resulting from an accident caused by an uninsured or hit-and-run driver.

There is a Statute of Limitations that applies when filing uninsured motorist claims so it is important for anybody involved in such a crash to contact a personal injury attorney as soon as possible.

Since two drivers were killed in this accident, an accident reconstruction will be performed by the Missouri Highway Patrol. This investigation will examine tire skid marks, debris placement and other factors to determine the specifics of the crash and which drivers were at fault.

The Bradley Law Firm has over 30 years of experience in handling insurance claims. If you have questions regarding your insurance coverage, Contact us today for free consultation.

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Mary Hatch, 73, of Louisiana, Missouri was killed and four others were injured Tuesday morning in a three-car accident on Highway 61 north of Troy.

The investigating officer said the driver of the 2001 Oldsmobile Hatch was riding in swerved to avoid hitting a 2001 Ford Focus that was also traveling north on the highway. The vehicles still collided and the Oldsmobile continued off the roadway, overturned and hit a third vehicle parked on Tickridge Road, just off the highway.

Hatch was pronounced dead after being airlifted to St. John’s Hospital in Creve Coeur. Another passenger in the Oldsmobile, Jessica Wharton, 20, was also taken by helicopter to St. John’s with serious injuries. The driver, Darrell Wright, 26, and a young passenger, Haley Wright, 2, were injured and taken by ambulance to St. Joseph’s West Hospital in Lake St. Louis. The driver of the Focus, Bruce Watson, 58, suffered minor injuries according to the highway patrol.

The highway patrol report does not indicate why Wright had to swerve to avoid hitting Watson’s vehicle or if either driver was at fault. Under Missouri law, any traffic fatality will require an accident reconstruction to be performed by the Missouri Highway Patrol. Police will take information from each vehicle's data recorders, measure skid marks, and locate debris to determine how this crash happened.

If you have been involved in an injury accident, after exchanging insurance information and obtaining medical treatment, it is wise to consult with a personal injury attorney who will be able to organize an accident reconstruction and handle every other aspect of the case. In many instances, our law firm will decide a particular case does not warrant a lawyer's involvement, especially if the damages are minimal. In those cases, we offer free advice on how to pursue your claim by yourself. In more complex cases or cases with substantial injuries, however, retaining an experienced personal injury lawyer will be necessary.

The Bradley Law Firm has over 30 years of experience handling complicated injury accident cases. Contact us today for a free consultation if you or a loved one has been involved in an accident in Missouri or Illinois.

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Chensen Sauder, 28, was seriously injured early Saturday morning when her 2000 Pontiac was hit by a 1999 Cadillac, driven by Jacob Peterson, 19, on I-29 north of Kansas City.

Peterson was cited for driving while intoxicated and a lane violation, according to the Highway Patrol.

The investigating officer said Peterson’s vehicle was traveling north on I-29 when it crossed over into the oncoming southbound lanes and struck Sauder’s vehicle.

Sauder was taken to North Kansas City Hospital with serious injuries and an unidentified passenger was taken to Children’s Mercy with minor injuries. Peterson was not injured, according to the Highway Patrol.

A DWI conviction constitutes per se negligence. Negligence per se is a legal doctrine which states an act is deemed negligent if it violates a statute or regulation designed to keep people safe and is the cause of the injury. In this case, the regulation violated would be the laws against drunk driving. If a personal injury lawsuit were to follow, the lawyer would need to prove the violation of this statute contributed to cause the accident.

If you are injured in an accident with a drunk driver, even if you were partially at fault, you may be able to recover some of your damages because of the comparative negligence system. With comparative fault, a judge or jury will determine a proportion of fault for every party involved in an accident and damages will be paid based on this proportion. Every state has different rules about handling this type of proportional negligence. Missouri follows a pure comparative negligence system, which recently underwent some significant legislative changes.

In some situations, if a bar or tavern served alcohol to a driver who subsequently hurts another motorist, that bar can be held liable under Missouri's dram shop laws. However, the Missouri legislature has significantly limited these causes of action, commonly referred to as "Dram Shop" liability. In Missouri, bars are only liable for injury or death caused by a drunk driver if the bar knew or should have known that alcohol was served to a person under the age of 21 or was served to a visibly intoxicated person. The facts of each case must be evaluated to determine if Missouri will impose dram shop liability upon a bar.

There are many avenues to pursue if you are involved in an accident with a drunk driver and need help paying personal injury expenses. Contacting a personal injury lawyer as soon as possible after your incident will ensure your legal rights are protected.

The Bradley Law Firm has handled Missouri dram shop cases and has significant experience litigating personal injury claims over the last 30 years. Contact us for a free consultation.

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Carla Mathis, 42, and Ronald May, 57, were seriously injured Thursday afternoon when their vehicles collided on U.S. Highway 160 west of Doniphan, Missouri, according to the highway patrol.

The investigating officer said Mathis drove her 1999 Jeep across the center line and struck May’s 2007 Chevrolet head on.

Mathis was taken by air to St. Francis Hospital in Cape Girardeau, and May was taken by ambulance to Ripley County Memorial Hospital. May was wearing a seat belt, but Mathis was not. Both were listed in serious condition according to officials.

It is not known what caused Mathis to drive her vehicle across the center line into the path of oncoming traffic.

If you have been injured in a head on collision, it is important to contact an experienced personal injury attorney as soon as possible. Whenever someone is injured by another's negligence, the liability coverage of the at-fault driver is required to pay for that person's medical bills, lost wages, pain and suffering and any resulting disability. Unfortunately, many insurance companies operate in their own best interest rather than the best interests of those suffering injuries and will deny or delay claims in order to avoid paying. Sometimes the amount of liability insurance is not enough to cover all the expenses and further action must be taken.

After a car wreck, insurance companies may contact you to give a statement. It is very important that you contact a Missouri personal injury lawyer before you give a statement. Anything you say may be recorded and used against you at trial. Missouri personal injury matters are time sensitive and must be investigated as soon as possible to achieve the full measure of justice allowed under Missouri law.

The Bradley Law Firm handles personal injury cases and we only earn an attorney’s fee if we are successful in your case. We also pay for all the costs and expenses of litigation and only get paid back if we are successful. Contact us today for a free consultation if you or someone you know has been injured in a Missouri or Illinois car wreck.

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Michael York, 51, a long time Missouri Department of Transportation worker, was struck and killed by a tractor trailer around 9:30 a.m., officials said.

York had worked for MoDOT for over 25 years, according to coworkers.

A tractor trailer with Phoenix Truck Line logos left skid marks across multiple lanes of the I-70 and came to rest near the exit for Highway 71. Police shut down eastbound I-70 and eastbound I-670 to investigate the accident.

According to MoDOT, the workers were maintaining lights along the highway and had set out cones and flashing warning lights. York was wearing an orange safety vest.

Accident investigators are working with MoDOT officials to determine the cause of the crash. Initial witness reports say the worker was crossing the highway when he was hit, but no official word has been released.

If it turns out that the truck driver was negligent in operating his vehicle, the family of the worker can sue for damages under personal injury law. More details about the incident will need to be examined by a personal injury attorney along with reports from the accident investigators. Family members of workers killed or injured by roadside accidents need to seek legal consultation as soon as possible in order to ensure that vital evidence is not lost or discarded.

If you or a loved one has been involved in such an incident, contact The Bradley Law Firm for a free consultation today.

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Bradley J. Woods, 33, and his son Mason, 11, were injured when their 2001 Ford Expedition was rear ended by a 2004 Ford Explorer, driven by Lydia A. Jackson, 53, on Interstate 270 Tuesday afternoon, according to the Missouri Highway Patrol.

The investigating officer said Jackson was driving her SUV northbound in “an erratic manner” when it struck the rear of the Woods’ Expedition. The force of the crash caused both vehicles to roll over and land off the roadway. Debris from the crash that remained in the highway struck a 2004 Dodge Dakota driven by Paul J. Clark, 25.

Bradley Woods was taken to DePaul Hospital with serious injuries and his son Mason was taken by helicopter to Children’s Hospital with moderate injuries. Jackson was also transported to DePaul Hospital with moderate injuries. Clark was uninjured, according to the highway patrol.

The accident shut down the northbound side of I-270 while police cleared debris from the roadway.

The Missouri Highway Patrol has not released any information as to why Jackson may have been driving in an erratic manner and have not said whether she will be charged or issued a ticket for the accident.

SUV rollovers are a serious cause of injury and death on Missouri roadways. National Highway Traffic Safety Administration (NHTSA) statistics say an average of 70,000 SUV rollovers occur in the U.S. each year and 2,000 people die as a result of these crashes.

The NHTSA conducts rollover tests on vehicles to determine a stability rating. They found that taller, narrower vehicles, like the Explorer and Expedition SUV’s involved in the I-270 crash, are much more likely to roll over when compared to lower, wider passenger cars. This is because SUV’s have a higher center of gravity which means they carry their weight farther from the ground. As SUV’s became more popular as a family vehicle than an off-road vehicle, manufacturers removed roll bars that protected occupants in the event of a rollover in order to make more r