Missouri Accident Lawyer Blog

Three people were hospitalized Saturday in a two-car Missouri injury accident on Highway 94 in St. Charles County.

According to the Missouri State Highway Patrol, the accident occurred when Jason Gamarin, 32, failed to yield to another vehicle at the intersection of Highway 94 and South Breeze Lane. Gamarin pulled his 2002 Chevrolet S10 into the path of a 2010 BMW 328I, driven by Jacob Haman, 27. Haman was unable to avoid a collision and crashed into the side of the pickup truck.

Haman was injured and taken by ambulance to St. John's Mercy in Creve Coeur. Two passengers in his car, Jennifer Hawkins, 25, and Dylan Hawkins, 6, were also injured and taken to St. John's Mercy. Haman and Jennifer Hawkins' injuries were described as relatively minor, but Dylan Hawkins' injuries were more serious. Gamarin was not listed as injured on the initial crash report.

Typically, the at-fault driver's liability insurance would pay the injured party for any medical bills or other expenses arising from a Missouri car crash. The description of the accident in the initial report needs to be corroborated by further investigation, though, as the initial crash reports are not definitive descriptions of an accident and they alone can't prove liability.

Often, insurance companies will look for ways to lower the amount they pay out for an accident. It is advisable not to talk to the insurance representative until you have consulted a St. Louis area personal injury attorney to discuss your legal rights.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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The U.S. Department of Transportation is trying to educate drivers about the dangers of distracted driving using a new website, www.distraction.gov.

The site has an extensive list of statistics and facts about distracted driving and the serious car accidents they lead to. Talking on the cell phone and sending text messages are two distractions that have been featured prominently in the news, but the site warns against other activities that take your eyes off the road such as eating or applying makeup.

As the laws around these distractions continue to evolve, the site will update visitors on local regulations.

Recently, the Department of Transportation banned texting by all commercial truck and bus drivers as a way of cutting down on tractor trailer crashes.

According to the Department of Transportation, 80 percent of all automotive crashes are caused by distracted drivers and almost 6,000 people died in 2008 as a result of inattentive drivers.

Educating drivers on the dangers of distracted driving is one step toward limiting these incidents, but some people will undoubtedly continue to participate in these behaviors. Negligent drivers need to be held accountable. If you have been involved in a serious car accident and would like to learn your legal rights, consult a Missouri car accident lawyer as soon as possible.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Legislative News , Missouri Personal Injury Lawyer News , Personal Injury News

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Brandy Phillips, 21, was killed Saturday afternoon in a Missouri car accident after another car crashed head-on into hers.

This tragic crash occurred on Route WW in Boone County around 1 p.m., according to the Missouri State Highway Patrol. Phillips was driving her 1991 Ford Festiva eastbound at the time of the accident. An oncoming vehicle, a 1995 Geo Prizm driven by Byron Young, 38, crossed the center line and crashed head-on into Phillips' car.

Phillips was pronounced dead after being taken to University Hospital. Young was also taken to University Hospital, though his injuries were listed as moderate.

Young was driving without insurance, according to the initial crash report. The report did not go into detail about any citations or what may have caused Young to cross the center line into oncoming traffic.

Typically, the liability insurance of the at-fault driver will be used to pay money to the injured party, but in cases where the driver is uninsured or under-insured it may be a little more complicated. In these cases, the injured party will need to make a claim against their own insurance policy's uninsured motorist coverage. This coverage is required by law. If you have any questions about your rights after a crash, contact an experienced Missouri car accident attorney. Many offer free consultations where you can discuss your case.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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Three people were injured, including an infant, when a car collided with a farm tractor on a narrow bridge in Clark County, Missouri.

This Missouri car accident occurred Monday evening on Missouri 81. According to the initial crash report, a 1995 Ford, driven by Michelle Rigg, 20, and a 1998 Case Farm Tractor, driven by Burnell Olberholtzer, 21, attempted to cross a narrow bridge at the same time. They met in the middle and without enough room to pass each other, the two vehicles collided head-on.

Rigg was seriously injured and flown to Blessing Hospital for emergency treatment. Two other passengers in her car, Rhonda Slocum, 15, and the infant Kailey Wayson, were also injured and hospitalized, though their injuries were less serious. Olberholtzer was not injured, according to the crash report.

Only the infant was using a safety device as all others were without a seat belt.

Hopefully Rigg and the passengers in her car can make a full recovery from their personal injuries. Part of their recovery, though, will involve discussing the accident with insurance companies and trying to settle all the medical bills arising from this injury accident. The liability insurance of the at-fault driver is supposed to pay for the bills of the other driver, but liability in this incident may be hard to determine. Accident investigators will need to look at the crash to see who had the right-of-way to cross the bridge and if either driver violated any road regulations. An experienced Missouri personal injury attorney will be able to examine the case and advise accident victims on how to handle insurance companies.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Personal Injury News

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The biggest question after a serious Missouri car accident is usually “Why did this happen?” Accidents can be caused by any number of factors including driver error, mechanical failure or weather conditions, to name just a few, and are often a mix of numerous causes. It’s important to learn the cause of accidents for a couple reasons. First, if we understand the cause, we can prevent the accident in the future. This is often the case when a mechanical failure causes a crash. The other reason is to determine legal liability. Accident reconstructions are used to help determine the cause.

An accident reconstructionist will use physical evidence and photographs of the crash site to map out the exact sequence of events that lead to a crash. Tire skid marks and debris patterns can, with an extensive knowledge of physics, tell investigators the exact path and speed of vehicles involved in a crash. Reconstructionists can also use this information to determine if any driving violations occurred or if the vehicles could have avoided the crash.

Forensic pathologists investigate the passengers and their vehicles to determine what exactly caused the injury. They will be able to tell if internal components of the vehicle contributed to the injuries sustained. It is here where we can learn of a dangerous defect in vehicle manufacturing that can be corrected to save others from a similar accident.

One way to prevent accidents is to use the civil courts system to hold people accountable for their negligent actions. Experienced personal injury attorneys can use the information gathered by accident reconstructionists to prove liability and recover damages for the injured party.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News , Product Liability Cases

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Nichole Royer, 21, was injured during Monday’s rush hour when her car was hit by another driver who then fled the scene, according to the Missouri State Highway Patrol.

The Missouri hit-and-run accident occurred on I-70 near Mid Rivers Mall Drive. Royer had stopped her 1989 Buick Park Avenue for traffic which had built up during the afternoon rush. An unidentified driver, who presumably was not paying attention to the traffic, slammed his vehicle into the rear of Royer’s. The impact sent Royer’s car forward into a third vehicle which sustained moderate damage.

The driver that caused the wreck fled the scene and no description of the driver or the vehicle was given by the Highway Patrol. If you have any information that may help locate this driver, please call the patrol’s Troop C headquarters at (636) 300-2800.

Royer was taken to St. Joeseph’s Hospital for treatment. Fortunately, despite the fact that her car was totaled and rear impact collisions have been known to cause serious injury, Royer suffered only non-life threatening injuries.

The driver of the third vehicle was uninjured.

Leaving the scene of an accident is a serious offense and hopefully the driver will be found and face criminal charges for this cowardly act. Even if the driver is not found, Royer can obtain civil relief by contacting a St. Louis area personal injury attorney who can assist her in preparing a claim against her own insurance company’s uninsured motorist policy.

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Posted In: Choosing a Personal Injury Lawyer , Hit and Run Injuries , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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Andrew Crowe, 3, and Dylan Crowe, 7, were injured in a Missouri car accident on County Road 355 in Thayer, Missouri.

The children were riding with Elaine Crowe, 26, who was driving a 2006 Mitsubishi Endeavor southbound when the accident happened. A second vehicle, a 1995 Chevy Monte Carlo driven by Cheryl Stutts, 27, pulled out in the path of Crowe's car. She was unable to stop and slammed into the side of Stutts' car.

Both children were injured and received treatment at local hospitals. Andrew's injuries were the most severe and he was airlifted to the hospital with life-threatening injury. Neither of the the drivers were listed as injured on the crash report.

While the initial crash report seems to indicate that Stutts pulled out in front of Crowe suddenly, which caused the accident, more investigation is needed to truly confirm liability. Should this accident turn into a personal injury case, for instance, the initial crash report would be considered the opinion of the investigating officer and not be treated as admissible evidence. An accident reconstruction would have to back up the initial claims.

The report did say that Stutts was driving without insurance. Typically when an accident occurs, the at-fault driver's insurance will pay the medical bills of the injured party. In cases where the at-fault driver is uninsured, however, the injured party can make a claim against their own insurance plan's uninsured motorist coverage. Contact a Missouri car accident attorney if you have been involved in a wreck and would like to learn more about this process or discuss other details relating to your accident.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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Three people were killed Wednesday morning in a Missouri railroad crossing accident in Trenton when the car they were riding in was hit by a freight train.

The three people killed in this accident were Nancy Groves, 24, Adam Romesburg, 30, and Nina Spencer, 28. All three were riding together in a 2001 Plymouth Neon that attempted to cross the railroad tracks on First Street.

According to reports filed by the Missouri State Highway Patrol and local media, the car was crossing the tracks at an uncontrolled crossing, which means there is no automatic arm or lights to warn motorists. They crossed into the path of the train which engaged its brakes, but was unable to stop before hitting the car. The train finally came to a stop a couple thousand feet down the tracks.

This news comes on the heels of another fatal Missouri train crossing accident last week. In both cases, the crossings did not have automatic arms to block motorists from the tracks when a train approaches.

In the wake of the Trenton crash, many residents are sending condolences, but some are expressing concern that the crossing was a known danger due to the fact that there are no lights to warn motorists and snowfall could obstruct the signs and tracks themselves.

Transportation officials and locomotive companies have as much a responsibility for preventing accidents as the drivers themselves. Accidents should be investigated by authorities and Missouri railroad crossing accident lawyers to see if they were caused by driver negligence or an existing dangerous situation at the crossing itself.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Missouri Train Accidents , Personal Injury News , Wrongful Death Lawsuits

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Jennifer Liles, 23, Michael Omara, 37, and Michael Poch, 27, were all hospitalized after a Missouri car accident on Route CC.

According to the Missouri State Highway Patrol, Omara and Liles were traveling westbound in a 1995 Chevy Suburban. Omara, who was driving, attempted to pass a slower moving vehicle by passing into the eastbound lane. In making the pass, he pulled into the path of Poch's 1986 Ford Mustang and the two vehicles collided head on.

Poch sustained the most serious injuries and was rushed to Ozark Medical Center. Omara and Liles also sought treatment at a local hospitals, though their injuries were not as serious.

Both drivers were tested for alcohol.

We seem to be having a string of these types of injury accidents in Missouri where a car attempting to pass causes an accident. This is a legal maneuver on most rural roads in the state, but it is also a dangerous maneuver. As the passing driver, you must be absolutely sure the oncoming traffic lane is clear, otherwise you could can cause a serious accident like the one here in West Plains. Hopefully all involved can make a full recovery.

Even if the injured parties make a recovery, their medical bills will need to be paid. Generally, the at fault driver's insurance will pay for the injured party's bills that result from the accident, but sometimes it gets more complicated than that. An insurance company may try to find a way out of paying the claim or the amount of insurance may not cover the high cost of emergency medical care. If a driver would like assistance in filing a claim and dealing with these potential problems, he or she can contact a Missouri car accident injury attorney.

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Clarisa Pardee, 38, was seriously injured Tuesday afternoon in a multi-car Missouri injury accident on Mo. 83.

The crash involved three vehicles and occurred at the intersection of Mo. 83 and Christina Street in Benton County, Missouri. Pardee had stopped her 1983 Ford Fairmont to make a left turn when Robert Clymer, 66, crashed his 2002 Ford F250 into the back of her car. The force of the impact sent Pardee’s car across the center line, where it was struck a second time by a 2002 Jeep Wrangler, driven by Jeanette Boulet, 44.

Pardee was flown to University Hospital in Columbia for life threatening injuries. According to the crash report, neither Clymer nor Boulet sustained serious injury.

All involved in the accident were wearing seatbelts.

No indication was given as to why Clymer would have rear-ended Pardee’s vehicle. There may be extenuating circumstances, but in many cases like this, one driver is just being inattentive. Negligence is often assumed in rear-end collision cases. If Clymer was at fault, his insurance will be obligated to pay for Pardee’s medical bills. If Pardee chooses, she can contact a Missouri car accident attorney to assist her with the claim and make sure the payment she receives is enough to cover the extensive medical bills from the accident.

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Four people were injured, one seriously, by a Missouri car accident on I-70 in which one driver fled the scene.

The hit-and-run injury accident occurred in Lafayette County at around 1:15 Wednesday afternoon. Kenneth Dusch, 42, was driving eastbound in a 1995 Chevrolet with a boat trailer. Behind Dusch was 27 year old Erik Myhill who was driving a 2007 Toyota. According to the Missouri State Highway Patrol, Myhill overtook Dusch's vehicle and crashed into the boat trailer. The impact caused Dusch's vehicle to overturn and flip into the median. The trailer detached and was flung off the south side of the roadway.

Riding with Kenneth Dusch was his family including Theresa, 41; Jackson, 15; Samuel, 11; and Lily, 9. Theresa Dusch suffered the most severe injuries and was flown to an area hospital for life-saving treatment. The other members of the Dusch family sustained minor to moderate injuries and were taken by ambulance to local medical centers.

After the wreck, Myhill fled the scene of the crash. He was later stopped by police and charges are pending.

An investigation into the accident is ongoing.

Myhill made a bad situation much worse for himself by fleeing the scene. It is illegal to leave the scene of a Missouri car accident whether you think you are at fault or not.

Now, instead of staying at the scene, calling for help and cooperating with authorities, Myhill will almost certainly be facing serious criminal charges. If the description of the accident in the initial report is accurate and Myhill is found to be at fault for the accident, the Dusch's may be able to contact a Missouri car accident lawyer to help them recover damages to cover medical bills and other expenses stemming from this incident.

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Posted In: Choosing a Personal Injury Lawyer , Hit and Run Injuries , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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Four people were hospitalized Wednesday afternoon after a two-car accident on Highway 94 in St. Charles County, Missouri.

This Missouri injury accident occurred just east of Route DD when Jo McCall, 66, lost control of her Jeep Cherokee, according to the Missouri State Highway Patrol. McCall's Jeep crossed the center line into the path of a 2008 Saturn Outlook, driven by Timothy Barrett, 53. Barrett was unable to avoid the collision and the two vehicles collided head-on, totaling both the car and Jeep.

McCall and Timothy Barrett both suffered serious personal injury in the wreck. Also in the Saturn at the time were Mark Barrett, 27, and Deborah Barrett, 54, who both sustained serious injury as well. All four were transported to St. John's Hospital in Creve Coeur for emergency treatment.

As of now, we don't have an indication as to what caused McCall to lose control of her Jeep. As this accident is investigated, more details should emerge as to whether McCall was simply distracted, or if another driver contributed to the crash. Since liability and negligence are often complicated issues to prove after a car accident, a St. Louis area car crash lawyer is a vital adviser to have if you are involved in such a scenario. Crash victims often can't rely on insurance company representatives to help them after an accident as they are often more concerned with the bottom line than with the well being of crash victims.

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Ricky Taylor, 51, was killed and three others were injured in a three-car Missouri injury accident on Highway 90 in Barry County, Missouri.

Taylor was driving his 2003 Chevrolet Impala westbound, according to investigators, when he came upon a slower moving pickup, driven by David Wickman, 70. Taylor attempted to pass Wickman by going into the eastbound lanes. As he did so, he crossed into the path of a 2007 Honda Civic, driven by Vang Lee, 57. The two cars crashed head-on. The violent impact pushed the Civic into Wickman's pickup, which was also damaged in the wreck.

Taylor was pronounced dead at the scene. Vang Lee and two others in his car, Pazoe Lee, 15, and Yee Thao, 47, were all injured and taken to Cox South Hospital.

While it is not illegal to pass other vehicles on two lane roads, great care must be taken to ensure you do not attempt this maneuver when an oncoming car is approaching. This should certainly not be attempted on a winding road or over the crest of a hill when you can't see very far ahead of you. If the initial crash report is accurate, it appears that Taylor attempted to pass negligently and caused this accident. If this is true, his liability insurance will be responsible for paying damages to the injured parties.

Unfortunately, insurance companies are not always as concerned with the well being of those injured in Missouri car accidents as they are with their own bottom line. They will often look for ways to reduce the amount they repay injury victims. There are also cases where the at-fault driver's liability insurance simply isn't enough to cover the cost of catastrophic injuries. In these cases, the injured party will have to file a claim against their own insurance policy's 'under-insured motorist coverage'. Working through these issues can be complicated, which is why it is a good idea to consult a Missouri car accident lawyer before talking to the insurance companies. Many attorneys offer a free consultation to discuss your rights as a victim and to better educate you on your options with no obligation to hire the attorney.

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Ronnie Engle, 46, was killed Monday in a Missouri car accident when his tractor was hit by another car on Route K near Liberal, Missouri.

According to the initial report filed by the Missouri State Highway Patrol, Engle was riding his John Deere farm tractor on Route K when he was struck from behind by a car. The car was a 2005 Dodge Neon, driven by Dillon Duffy, 18, of Arcadia, Kansas. After impact, both cars traveled off the roadway and Engle's tractor overturned.

Engle was pronounced dead at the scene. Duffy did not sustain any significant injuries, according to the accident report.

Engle was tested for alcohol by the investigating officer.

Typically, Missouri rear-end collision cases follow a doctrine that says negligence is assumed on the part of the at-fault driver. All drivers should be focused on where their vehicle is heading to avoid such collisions. Each specific crash must be examined thoroughly to determine whether this doctrine should apply.

Many times, accident cases are more complicated than they first appear and the initial crash reports may leave out crucial details that could shed light on how an accident occurred. Because of this, it is important to contact a Missouri car accident injury lawyer to make sure you and your family get the help you need after a serious or, in many cases, tragic accident.

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Alton police were forced to kill a pit bull that became threatening Sunday afternoon, according to a St. Louis Post Dispatch report. Officers also wounded a second dog, that was later euthanized, and deployed a Taser on a third.

Police were investigating the home of Jason Edwards, 22. He was keeping more than three dogs, which was the limit allowed by a city ordinance. He also violated several other ordinances including failing to obtain licenses for the pit bulls.

The report says that police may pursue charges against Edwards for these numerous violations.

The reason police take these charges so seriously is that pit bulls can be extremely dangerous animals. 800,000 people are treated for dog bites in the United States and about 20 die every year. Nearly two thirds of dog bite victims are children. Pit bulls are considered to be one of the most dangerous dog breeds and are commonly used in illegal dog fighting rings.

Because of these dangers, many places have enacted legislation to limit certain breeds, such as pit bulls, and reduce the number of animal attack injuries. Alton, for instance, only allows an owner to keep three dogs and Illinois state law prohibits convicted felons from owning vicious animals.

Owners of dangerous animals may be held strictly liable if one of their animals causes a serious personal injury. This means the fact one of their animals caused an injury is enough to show liability. The owner doesn't have to be negligent to be held responsible.

If you or someone you know has been injured by a dangerous animal that was not properly restrained by its owner, you should contact a skilled personal injury lawyer to discuss whether you can recover damages to pay for medical expenses caused by the attack.

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Michael Prater, 33, was killed and two others were injured Thursday night in a Missouri car crash on Highway 100 in Franklin County.

Prater, a St. Charles resident, was driving his 2004 Chevrolet westbound on Highway 100 near Jones Lane when the accident occurred. An eastbound 2002 Pontiac, driven by Nicole Feldmann, 17, crossed the center line and struck Prater's vehicle, according to the Missouri State Highway Patrol. Prater's vehicle spun out of control and into the path of a third vehicle, a 1997 Ford driven by Terry Robinson, 36. Robinson was unable to maneuver the accident scene and also hit Prater's vehicle.

Prater was taken to St. John's Mercy hospital where he was pronounced dead. Feldmann and Robinson were also taken to St. John's for treatment, though their injuries were not considered life threatening.

There are a few unknowns about this Eastern Missouri car accident. The initial crash report does not give a reason for Feldmann's car to cross the center line. It could have been due to negligent driving on her part or due to some other extenuating circumstances. Also, it is not known which collision proved to be fatal for Prater.

Since there was a fatality a team of investigators will perform an accident reconstruction to determine exactly how this accident occurred. The investigators will use physical evidence such as tire skid marks and debris patterns to determine the speeds of the vehicles at the time of the wreck and what led to the crash.

As in any Missouri accident case, if negligence on the part of one of the drivers caused the accident, the injured party may be able to recover damages from the at-fault driver's insurance. The family of the deceased may also be able to contact a Missouri personal injury lawyer to recover damages to pay for funeral costs.

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Annette Riefle, 50, was hospitalized Monday after a Missouri car accident in Jefferson County on Route B.

Riefle was driving her 1998 Ford Contour westbound on Ridge Road just before the crash. According to the Missouri State Highway Patrol, as Riefle turned onto Route B, her car hit a 2005 Jeep Grand Cherokee, driven by Jerry Allen, 39.

Riefle was taken to St. Anthony's Hospital for treatment. Allen was not listed as injured on the initial crash report, though his vehicle did sustain extensive damage.

With the brief description of the accident in the initial report not enough to prove liability, this St. Louis area car crash will likely see further investigation. The insurance companies involved will be especially interested to examine the evidence as the at-fault driver's insurance will be responsible for paying for the damages caused to the injured party.

Many times these crashes are more complicated than they seem at first glance and insurance companies are known to try and limit payouts to deserving victims. That's why drivers injured by someone else's negligence should contact a competent Missouri car accident lawyer to ensure that their rights are upheld.

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Tasers, a popular brand of stun-gun used by police, have generally been seen as a non-lethal alternative to the standard sidearm. In the wake of hundreds of deaths, however, the question of just how safe Tasers are is in question and now Taser International is issuing warnings to law enforcement officers.

According to an AP report, an Oct. 12 training manual released by the company warns against firing at a suspect’s chest and acknowledges there is a risk of negative effects on the heart.

Since stun-guns have become commonplace in recent years, 350 people have died after being shot by them. Many of these deaths were heart related and in at least 50 of these cases a medical examiner has said the shock emitted by the stun-gun played a role.

The statement by Taser International marks a big change in the way stun-guns are viewed. As stated above, most police and security companies view tasers as a safer alternative that will subdue a suspect without causing long-term personal injury or death. Demonstrations have even been given where officers or even television reporters are voluntarily shocked.

Law enforcement agencies often tell their employees to use tasers only when the suspect is threatening to cause severe harm to the officer or another civilian. In practice, though, we have seen officers use the guns excessively and in situations where the suspect is not a threat.

One similar case occurred here in Missouri last year. Stanley James Harlan, 23, died after being hit twice with a taser by police after being pulled over on a suspected DUI. If Harlan was driving under the influence of drugs or alcohol, he should have been arrested and faced charges, but this alone does not justify the use of deadly force. This is just one of countless horror stories surrounding the use of stun guns.

Despite all the deaths and question marks about safety, personal injury lawsuits and wrongful death lawsuits have been largely unsuccessful due to the perception that tasers are non-lethal instruments. Dozens of suits against stun-gun manufacturers have been dismissed with Taser International losing only a single case, which is under appeal, according to the AP. Sovereign immunity rules also make it hard to recover damages from police departments.

This recent concession by a major stun-gun manufacturer may be a sign that the perception of these devices is changing. If you have lingering effects of being shocked or have lost a family member to a taser incident, contact a personal injury attorney to discuss your case.

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Linda Rogers, 45, was killed Saturday night when she was hit by a driver who then left the scene, according the Missouri State Highway Patrol.

Rogers was walking along I-70’s eastbound lanes near the I-170 junction when the accident happened. An unknown vehicle traveling in the eastbound lanes hit Rogers as she walked and then left the scene.

Rogers was pronounced dead at the scene by emergency responders.

The driver in this Missouri hit-and-run crash is unknown and no details about the vehicle were listed on the initial crash report. If you have any information related to this accident that may be helpful to authorities, call the Highway Patrol’s Troop C headquarters at (636) 300 - 2800.

Leaving the scene of a Missouri car accident or pedestrian accident is a serious offense. If the driver is ever located, he or she will likely face criminal charges as well as a possible civil suit.

If the driver is never found, Rogers’ family may be able to make a claim with her own insurance company’s uninsured motorist coverage. Every insurance company has to provide uninsured motorist coverage that will protect you if you are injured in a car crash with a driver without insurance or an unknown driver, as in a hit-and-run case.

Dealing with these claims can be complicated and your insurance company may be difficult to work with. Because of this, it is a good idea to speak with a St. Louis area personal injury attorney and learn your legal rights before dealing with the insurance companies.

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Posted In: Choosing a Personal Injury Lawyer , Hit and Run Injuries , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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Four people were hospitalized after two cars collided on Missouri 19 in Gasconade County, Missouri. Reports indicate that one of the cars was traveling on the wrong side of the road.

According to the initial crash report on file with the Missouri State Highway Patrol, Tyler Krull, 21, was driving his 1998 Dodge northbound in the southbound lanes of Missouri 19. A 2003 Kia was traveling southbound at the same time and the two cars crashed head-on about a mile from Highway 50.

The four people in the Kia were all taken to St. John’s Hospital in Washington for treatment. Those people were Kyle McCracken, 23; Taylor Graves, 19; Amanda Perry, 17; and Jamie Wood, 16. Krull was not injured, according to the investigating officer.

The Highway Patrol did not offer a reason as to why Krull was driving on the wrong side of the road. No citations were noted on the crash report.

This incident is similar to several others that have occurred in the St. Louis area where a driver has turned up on the wrong side of the road and caused a car wreck. In several of these cases alcohol was involved.

Until more details are released about this Missouri car crash, we will not know why Krull was driving on the wrong side of the road. Given that the accident took place at 3 a.m. any number of causes could be to blame from fatigue to low visibility.

If no other explanation is given and Krull is found to have been negligent in driving his vehicle, the injured party could contact a Missouri car accident attorney to collect damages to pay for medical bills arising from the accident. Anybody involved in a car accident should consult a personal injury attorney before talking to an insurance company to make sure all their rights are understood.

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Three people were injured, two seriously, after a two-car crash in Jefferson County, Missouri on Sunday.

The accident occurred at the intersection of Highway 30 and Little Brennan Road near Murphy, Missouri. According to the Missouri State Highway Patrol, the crash happened when Rafal Pryk, 32, drove his 2001 Mercedes ML320 through a red traffic signal. As he did so, he broadsided a 1998 Saturn that was also entering the intersection.

Joey Freeman, 44, and Que Huynh, 44, were passengers in the Saturn and were seriously injured. They were taken to St. Anthony’s Medical Center for emergency treatment. Pryk’s injuries were minor, but he also sought treatment at St. Anthony’s.

All three people involved were wearing seatbelts.

This case is a clear example of how dangerous broadside collisions, also called side impact crashes, can be. Modern cars have lots of protective barriers if the impact comes from the front of a vehicle. Missouri drivers sustain injury more commonly and more severely from side impacts since there are less safety measures to protect passengers.

The investigating officer noted that the Pryk ran a red light, though he did not say if he issued a citation. If a Missouri personal injury lawyer is called in to investigate this case, he will have to make sure that Pryk did indeed run a red light and that the light was operational at the time of the crash. In some rare occasions, lights can malfunction sending the wrong signal to drivers thus causing an accident. Contacting a car accident attorney and getting the light inspected as soon as possible is the best way to make sure of the light’s functionality at the time of the crash.

1,000 people are killed each year and another 90,000 are injured as a result of drivers running red lights.

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Laura Akers, 63; Guy Bellistri, 50; and Patricia Collins, 49, were all taken to the hospital Tuesday with injuries after a head-on Missouri car crash in Jefferson County.

According to the initial crash report filed by the Missouri State Highway Patrol, the accident began when Akers’ 2008 Pontiac G6 crossed the center line on Romaine Creek Road. Akers was traveling westbound and when her car crossed the line, it collided with an eastbound 2003 Toyota Corolla, driven by Collins. Bellistri was a passenger in Collins’ car.

Akers, Bellistri, and Collins were all taken to St. Anthony’s Medical Center for treatment. None of the injuries were considered life-threatening.

No indication was given as to why Akers suddenly drove into oncoming traffic. This Jefferson County car accident will need further investigation before the exact cause is determined. Initial crash reports typically don’t have a detailed description of crashes and don’t stand up in court unless the officer filing the report actually witnessed the accident or is a trained accident reconstructionist.

If this accident, or any Missouri car accident, is found to have been caused by negligence on the part of one of the drivers, the injured party may be able to hire a personal injury attorney for help recovering damages. Thankfully there were no fatalities or life-threatening injuries, but less serious injuries can still result in gigantic medical bills and keep people sidelined from work for extended periods of time.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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After pointing out some dangerous intersections in yesterday’s post, I read an article published in the St. Louis Post Dispatch about another particularly dangerous Missouri roadway, Highway DD.

Highway DD is a two lane rural road in St. Charles County that goes past the Busch Wildlife Area. If you’ve ever been out to one of the wineries in Augusta, you’ve probably driven on Highway DD.

According to statistics cited in the Post Dispatch report, Highway DD is one of the most dangerous roads in the state and has an accident rate twice the average for other roads of its type.

DD has no shoulders and steep drop offs on either side of the roadway, which becomes a deadly combination when mixed with numerous sharp turns and hills.

The Highway has seen over 140 accidents resulting in five fatalities over the last five years.

Local residents have petitioned to add safety improvements and MoDOT has plans to add shoulders and turn lanes along certain sections of the highway, according to the Post Dispatch.

These future improvements can’t bring back any of the lives tragically lost in previous Missouri car crashes.

Sometimes when a roadway is particularly treacherous and it can be proved that the state knew about the dangers prior to a deadly crash, a personal injury or wrongful death lawsuit may be brought against the state. These cases are very complicated and fairly rare, though there was a similar high profile case recently. The family of Andrea Whitehead brought a case against the Missouri Highway Commission after a fatal Missouri car accident in 2008.

If you have been injured or lost a loved one in a car accident, it would be wise to consult a St. Louis area car accident lawyer to learn your rights and have professionals examine your case including the road conditions and, if another car was involved, the role of the other driver.

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My personal injury firm helps people who have been injured in a Missouri car accident, but we can only do so much after an accident to help victims recover. It is up to drivers to do their part to avoid accidents and prevent injuries before they happen. One way to do this is to be prepared for a potentially dangerous situation.

To help you do that, here is a list of the 10 most dangerous intersections in Missouri, according to a State Farm Insurance report:

1.) Gravois and Lindbergh Blvd. – Sunset Hills
2.) Glenstone Ave. and Sunshine St. – Springfield
3.) Clarkson Rd. and Manchester Rd. – Ellisville
4.) Highway 141 and Big Bend – Twin Oaks
5.) 23rd St. and State Highway 291 – Independence
6.) Battlefield Road and National Ave. – Springfield
7.) Kansas Expressway and Sunshine St. – Springfield
8.) Patterson Rd. and Lindbergh – Florissant
9.) Highway K and Highway N – O’Fallon
10.) Highway 94 and Jungermann Rd. – St. Peters

Looking at the list, we find the St. Louis metro area and Springfield have most of the more dangerous intersections in the state. If you live in these areas, you probably know these roads well.

Now that you know where Missouri injury accidents are most likely to happen, you should be extra vigilant when approaching these intersections. You should always obey traffic laws, but it’s especially important at these locations that you don’t try to beat a yellow light or speed through even when it’s green.

Even the safest drivers can’t totally eliminate their risk of accidents. You can take all the steps possible to prevent a crash, but another driver can be negligent and run into you. If you have been involved in a crash, contact a Missouri car accident lawyer as soon as possible to discuss your legal rights.

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James Bauer, 63, was killed Sunday evening when his 2006 Harley Davidson motorcycle was hit by another car.

Bauer was traveling eastbound on Missouri 52 about two miles from Route T when the accident occurred. According to the Missouri State Highway Patrol, a 1998 Chevrolet, driven by Eric Wilbanks, 18, hit Bauer’s motorcycle from behind. No specific details regarding how fast the vehicles were going or what could have caused Wilbanks to hit the motorcycle were available.

Bauer was taken to University Hospital in Columbia where he was pronounced dead.

Since this Missouri motorcycle accident resulted in a fatality, there will be an accident reconstruction to determine exactly what happened.

Bauer was wearing a helmet at the time of the crash.

While rear-end collisions usually indicate negligence on the part of the at-fault driver, we will have to wait to see if further investigation backs up the accident description in the initial crash report. If Wilbanks is found to be liable for the accident, Bauer’s family may be able to contact a Missouri motorcycle accident lawyer to file a wrongful death claim and recover damages to help pay for funeral expenses and other bills resulting from the crash.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Motorcycle Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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The issue of medical malpractice lawsuits and the push by some for tort reform has been an ongoing battle for decades. With the recent debate for health insurance reform in Washington, tort reform has once again been thrust into the mainstream spotlight. President Obama and others have hinted that tort reform compromises may be necessary to pass health care reform.

If health care reform comes at the cost of limiting patients’ rights through tort reform, then this whole health care debate will have amounted to two steps forward and two steps back for the well being of medical patients in this country.

Here are some myths often spread by tort reform supporters and the facts debunking them:

Myth: Medical malpractice lawsuits are frivolous or unnecessary.

Fact: 98,000 people die each year from preventable medical errors. That is 98,000 human beings who lost their lives due to a hospital’s or doctor’s mistake. The CDC doesn’t include preventable medical errors on its list of causes of death, but if it did, it would be the 6th leading cause of death in the U.S. Any system that attempts to hold doctors accountable and prevent these deaths is absolutely necessary.

As far as the claim that most suits are frivolous, that is simply not true. Very few claims are even filed in potential malpractice incidents and of the ones that are filed, the vast majority are meritorious. Frivolous lawsuits are weeded out by laws already on the books.

Myth: Patients filing suits for large damage sums are just looking to make it rich.

Fact: Patients just want justice. Those unfortunate enough to suffer injury from medical malpractice only want to be made whole again and have their resulting medical bills covered. Punitive damages are only leveled against the most negligent doctors to hold them accountable. One study cited by the American Association for Justice states that 70 percent of patients who experience an injury due to medical error were not told at the time by their doctor. It has been shown that doctors and hospitals that operate under full disclosure and apologize for medical errors are sued about half as much.

Myth: Tort reform would lower costs

Fact: Research shows that malpractice claims have been steady for years yet medical malpractice insurance premiums have continued to rise. States that have enacted caps on damages have still not seen a decrease in costs as patient bills and premiums continue to rise. Even if the most aggressive tort reform plans were to pass, there would only be about a 0.5 percent savings on nationwide medical spending. Those savings would likely come at the cost of thousands of lives as preventable medical errors would increase without the civil justice system keeping them in check.

A better way to lower health care costs would be to prevent medical errors. Billions of dollars would be saved if we could reduce the number of medical malpractice incidents nationwide.

Myth: Medical boards can punish bad doctors so we don’t need punitive damages.

Fact: The accountability structures for medical professionals often fail to punish negligence as effectively as the civil justice system and personal injury attorneys. Two thirds of doctors with 10 or more negligence payments have never been formally disciplined. Half of all hospitals have never reported a single disciplinary action against one of their own doctors. The civil justice system holds doctors accountable when other oversight programs fail. It is not meant to scare off good doctors. In fact, just six percent of doctors are responsible for 60 percent of medical negligence. Weeding out this small number of negligent doctors will benefit the entire medical industry from overall costs to patient health.

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Posted In: Choosing a Personal Injury Lawyer , Healthcare , Medical Malpractice , Missouri Personal Injury Lawyer News , Personal Injury News

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All Toyota and Lexus dealerships have been told to investigate the floor mats in all the vehicles they sell after a fatal car accident last month in San Diego County.

Four people were killed when a floor mat got caught on a gas pedal in a 2009 Lexus ES 350. The driver, California Highway Patrol Officer Mark Saylor, could not un-wedge the gas pedal from the mat and the car began to accelerate uncontrollably. The car reached a speed of 120 mph before hitting an SUV.

Saylor and three other members of his family who were riding with him were killed in the crash. The driver of the SUV suffered only minor injuries.

The National Highway Traffic Safety Administration (NHTSA) did an investigation into the crash that revealed the floor mat installed in the car Saylor was driving was longer than the standard mat for that particular vehicle. Since the car was being loaned to the Saylor family while their normal car was in repair, they had no experience with it and probably did not notice anything unusual until it was too late.

The floor mat that was installed was actually part of a 2007 safety recall by Toyota because of the potential for the mat to interfere with the pedals.

Accidents caused by defective and dangerous products fall under an area of law called product liability. A product liability lawsuit is directed at the manufacturer, distributor or seller of a product that has potential to cause personal injury or wrongful death. If you or your family has been the victim of an accident that you believe was caused by a product defect, contact an experienced product liability lawyer as soon as possible.

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Two people were injured, one seriously, after a two-car injury accident in Columbia, Missouri on Sunday that was apparently caused by a mechanical failure.

According to the Missouri State Highway Patrol, Myrick Denhartog, 62, was traveling westbound approaching Highway 63 in a 1997 Ford. As he approached the intersection, Denhartog’s car experienced an unexplained equipment malfunction and failed to stop at a stop sign before rolling onto Highway 63. Janet Jungermann, 50, was heading northbound in a 2006 Toyota and was unable to avoid a collision with Denhartog’s car.

Jungermann was seriously injured and taken to University Hospital for emergency treatment. A passenger in Denhartog’s car, Dwayne Couch, 20, also suffered minor injuries and was treated at Boone Hospital. Denhartog was uninjured, according to the initial crash report.

Jungermann was wearing a seatbelt, but Couch was not.

The initial crash report does not specify what type of mechanical or equipment failure Denhartog’s car experienced, but it does indicate that it played a role in this Missouri car accident. It may have been a malfunction with the brakes or steering column causing Denhartog to lose control of the vehicle and cross into the highway unexpectedly.

In cases where an injury is caused by an equipment malfunction, a personal injury attorney will have to investigate the circumstances leading up to the crash to determine liability. Every driver is responsible for inspecting his own car to make sure it is road-worthy with no potentially dangerous mechanical flaws. If Denhartog failed to have his car regularly inspected or knew about potential problems and failed to fix them, he may be held responsible. If, however, the car had been worked on by another mechanic or the equipment failure was the result of a defect in the car’s production, liability can shift. The mechanic could have been negligent in his repairs or the auto manufacturer could be sued under a product liability claim.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News , Product Liability Cases

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A wrongful death case is one that deals with a death that resulted from the negligence of another person or, in some cases, a company or larger group. The unexpected death of a loved one brings a profound sadness, but along with the emotional distress comes more practical issues such as financial hardship. Not only do medical and funeral expenses need to be paid, but the lost wages can leave a family in fiscal insecurity that could take years to stabilize.

Many times, the surviving members of the family or a representative can file suit on behalf of the deceased. The success rate of these cases is actually fairly low. Despite the image of the multi-million dollar personal injury lawsuit that is often portrayed in movies and news media, most damage awards fall well short of a million dollars. Because of these facts, it is important that you seek an experienced personal injury attorney to assist you with your case because your family’s future could literally depend on it.

In order for a wrongful death suit to be successful, the plaintiff must prove that the defendant had a duty that was breached, and that this breach caused the death. This can happen in a fatal car crash, a medical malpractice case, premises liability, product liability, airplane crashes or any other situation where somebody’s recklessness caused the death of someone else.

The standards that apply to determining whether a duty was breached differ from situation to situation. Medical professionals are held to high standards when diagnosing and treating their patients while the average person on the street only has to be responsible for a reasonable amount of care for another person. A driver operating his personal family car is not held to the same standards as a commercial shipping truck driver who operates a tractor trailer for a living. In fact, for businesses that are involved in shipping or public transportation, there is a special category called ‘common carriers.’

Even when you have classified a driver as a common carrier, things are not cut-and-dry. The drivers have different levels of expected care for their own passengers as they do toward other drivers on the road.

All these exceptions and complications further illustrate the need for competent and skilled personal injury lawyers on your case. Do your research and contact a lawyer for a free consultation. Most attorneys will sit down and talk to you for free with no obligation to hire. This first hand experience is the best way to judge whether you want to hire an attorney.

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Posted In: Choosing a Personal Injury Lawyer , Medical Malpractice , Missouri Bus Accidents , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Missouri Trucking Accidents , Personal Injury News , Product Liability Cases

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Katie Johnson, 26, was seriously injured Sunday in a two-car Missouri crash on Highway 7 in Cass County, Missouri.

According to the investigating officer of the Missouri State Highway Patrol, Johnson was traveling eastbound in a 2003 Chevrolet Malibu approaching the intersection of Missouri Highway 7 and Sycamore Grove Road when the accident happened. Richard Sheppard, 52, failed to yield at the intersection and drove his 1991 Chevrolet Pickup into Johnson’s car. The truck slammed into the driver’s side of the Johnson’s Malibu.

Johnson was taken by Life Flight helicopter to St. Luke’s Hospital for emergency treatment. Sheppard suffered minor injuries and refused treatment at the scene.

Both drivers were wearing seatbelts.

According to the Missouri State Highway Patrol, charges are pending. An investigation into the Missouri injury accident is ongoing.

Hopefully Johnson is able to make a speedy recover from this terrifying incident. Once the investigation of her crash is complete and the charges are filed, we will have a better idea of what exactly happened and what the drivers should do next. If it turns out that Sheppard was indeed negligent in driving his truck into the intersection, then Johnson may be able to recover damages from his insurance to pay the medical bills stemming from the crash.

The initial crash report that said Sheppard failed to yield is not admissible evidence as it is considered just the opinion of the investigating officer. Drivers that are injured in Missouri car accidents should contact a Missouri personal injury lawyer to follow up on the full investigation of their crash.

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Police are looking for information to help them identify the driver of a pickup truck who was involved in a hit and run crash Friday night on Route E in Lafayette County, Missouri.

The crash happened near the intersection of Route E and Keith Road when the unidentified driver crossed the center line and struck a 1994, driven by Gregory Hoffman, 48. The truck slammed into the side of the Ford causing extensive damage before fleeing the scene of the accident.

Hoffman and a passenger, Rheanna Chapman, 25, were both injured and taken by ambulance to Centerpoint Hospital for treatment.

No information about the truck or driver is known although there should be at least some minor damage to the front of the truck from this Missouri car crash. If you have any information that could help identify the driver or locate the truck, please call the Missouri State Highway Patrol’s Troop A headquarters at 816-622-0800.

If the driver is ever found, he will likely face severe criminal charges for leaving the scene of an accident. A personal injury suit may also be brought to allow the injured parties to recover damages and pay for medical expenses.

If he or she is not found, however, the injured parties may still make a claim on their own insurance. All insurance companies in Missouri are required to provide uninsured motorist coverage to protect you in the event you are in an accident with somebody who does not have liability coverage equal to the legal minimum. This also applies to hit and run crashes where the other driver is never found. Since filing these claims can be tricky, it is best to consult a Missouri personal injury attorney before any decisions are made.

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Posted In: Choosing a Personal Injury Lawyer , Hit and Run Injuries , Missouri Car Accidents , Personal Injury News

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A two-car collision in Jefferson County, Missouri sent two men to the hospital with life threatening injuries on Sunday.

Injured in the Missouri car accident were Richard Scott, 55, and Jonathan Vierling, 18. Scott was driving a 1988 Chevy Celebrity and Vierling was in a 1996 Toyota Camry. The injury crash happened on the West Outer Road just a little north of Miller Road.

According to the initial report, Scott was traveling northbound and Vierling was traveling southbound when Vierling crossed the double yellow center line for unknown reasons. Scott was unable to avoid the collision and the two cars hit nearly head-on. The intense forces of the accident sent the vehicles spinning off opposite sides of the roadway.

Both drivers were listed as having serious injuries. Vierling was flown by Arch Helicopter to St. Louis University Hospital for emergency treatment. Scott was transported by ambulance to St. Anthony’s Medical Center.

Vierling was wearing a seat belt while Scott was not.

While the time after a serious accident is an extremely stressful and scary period, the family of the injured parties in any car crash should consider consulting a personal injury attorney as soon as possible. If anyone is injured by another person’s negligence, they may be entitled to damages that cover medical expenses, lost wages and any other fees that might need to be repaid to make the injured party “whole” again.

The investigating officer of the Jefferson County crash seemed to indicate that this accident was caused by Vierling unexpectedly crossing the center line. Much more investigation must go into the incident by a St. Louis area car accident lawyer before this can be proven true. There may be extenuating circumstances that complicate the accident and any evidence should be collected as soon as possible.

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Four people were hospitalized, two with serious injuries, after a head-on car crash Friday on Highway 67 near Fredericktown, Missouri.

The accident took place shortly before 11 p.m. as Emily Hoss, 18, drove her 2002 Dodge southbound on the highway, according to the Missouri State Highway Patrol. For an unspecified reason, she crossed the center line and her car collided head-on with a 2002 Chrysler, driven by Benjamin Minkel, 33, that was heading north.

Hoss and Benjamin Minkel both suffered serious injuries and were taken to separate local hospitals for treatment. Natalie Minkel, 28, and Haley Minkel, 3, who were riding with Benjamin Minkel, were also treated at the hospital, but for less serious injuries.

All of the people involved were wearing a seatbelt. Both cars were totaled.

There has been a string of accidents involving cars crossing the center line of country highways. Many times, this is caused by negligence on the part of one of the drivers. Sometimes a third car will be involved that is driving erratically and forces one of the cars into oncoming traffic. In any case, if one driver’s negligence leads to another person’s injury, those injuries are to be covered by the at-fault driver’s insurance.

Unfortunately, in many cases this process is not so cut and dry. Issues of liability arise as the parties debate who was truly at fault. Insurance companies will also do all they can to limit the amount of damages they pay out. Because of these challenges, it is important that anyone injured in a Missouri car accident seeks the advice of a qualified personal injury lawyer.

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Two Missouri men were seriously injured Saturday when the dump trucks they were driving crashed on Highway 24 near Moberly, Missouri.

According to the Missouri State Highway Patrol, David Underdale, 61, and Jeremy Imler, 33, were each driving Freightliner dump trucks on Highway 24 at approximately 10:45 a.m. Underdale, who was traveling eastbound, had to make an evasive maneuver when a third vehicle pulled into his path. As he did so, his truck crossed the center line and struck Imler’s dump truck, which was heading westbound. The third vehicle was not hit by either truck.

Both Underdale and Imler suffered serious injury and had to be airlifted to University Hospital in Columbia for treatment.

The driver of the third vehicle was not identified on the initial crash report and it is not known whether authorities have any information on the third vehicle.

Generally you hear about tractor trailer and large truck crashes causing serious injury to people in smaller passenger cars. This is an unfortunate example of how the power of these large trucks can be dangerous to even other large commercial and industrial vehicles. An investigation into this Missouri truck accident should determine whether the drivers where following proper safety regulations and hopefully find out who was driving the third vehicle and what his or her role was.

If either truck driver is found to be at fault, or if the driver of the third vehicle is found and evidence shows that he or she was negligent and caused the crash, a Missouri trucking accident lawyer may be able to recover damages to help the injured party cope with medical expenses, lost wages, and other hardships related to the crash.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Missouri Trucking Accidents , Personal Injury News

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Two people were seriously injured in a two-car Missouri accident in Randolph County shortly before noon on Tuesday.

The injury accident, which took place on Route JJ, occurred when a 1999 Mitsubishi, driven by Ashley Link, 18, attempted to make a left turn. As Link attempted to make the left, she crossed into the path of Denita Fox, 47, who was driving a 2005 Chevrolet westbound. The two cars collided and both were totaled.

Fox was wearing a seat belt, but Link was not.

Link was flown to University Hospital with life threatening injuries. Fox also sustained serious injuries and was taken by ambulance to Moberly Regional Medical Center for treatment.

From the initial crash report on file with the Missouri State Highway Patrol, it is unclear who exactly is at fault for the accident. Even if fault was indicated in the report, further investigation would need to be done by a Missouri car accident lawyer as the crash reports are just the opinions of the investigating officer.

Under the law, the insurance of the driver at fault will need to compensate the injured party. This can be a very complicated issue at times and in some cases the insurance companies will try and contact you to get a statement after you have been injured in a car accident. It is advisable to consult a personal injury attorney before talking to an insurance company representative as the things you say may be used to limit the compensation you receive. Many firms offer free personal injury consultations so that you can become better educated on your legal rights before you make any commitments.

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While we continue to work on a case involving a young man being injured while using a weight lifting machine, I wanted to talk a little bit about other similar incidents, personal injury claims and product liability cases involving exercise equipment.

Every year, there are millions of sports related injuries in the United States. This shouldn't come as a surprise since participating in sports requires physical exertion and the chance for a genuine accident is high. Where a personal injury lawyer would get involved is in cases where somebody's negligence led to another's injury. If the case involves a defect in equipment that causes injury, it falls into the category of product liability law.

Last year there were over 400,000 injuries related to exercise or exercise equipment. Particularly dangerous, according to the U.S. Consumer Product Safety Commission's database, were weight lifting machines. They accounted for over 79,000 of these accidents. While many of these could be due to operator error, some may be due to the fact that a weight lifting machine has a dangerous design flaw. In these cases, a product liability lawyer should be contacted immediately to investigate.

If you are injured by faulty equipment and seek damages, the company may offer you a settlement. Make sure you have consulted with your attorney about your wishes if a settlement is offered. Some personal injury firms are more likely to suggest settling, but often the damage payout will be much less. It is not greedy to try and pursue higher rewards as punitive damages are what gets a company's attention and forces them to ensure their products are safe. Lives may be saved thanks to a personal injury lawsuit revealing a dangerous design flaw.

One specific case was Schmitt v. Dudley Sports Co. An automatic pitching machine was purchased by a high school and the pitching arm accidentally fired when the machine was unplugged and in storage causing serious injury to a student. There was no warning that the pitching arm may fire even when unplugged so the company was found to be negligent. This case likely caused other sports equipment companies to take notice and include more specific warning labels.

Aside from product liability, there are many other cases where an injury was not the fault of the person who sustained it. If you feel that you have been the victim of someone's else's negligence, contact a personal injury lawyer as soon as possible.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Personal Injury Lawyer News , Personal Injury News

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Adrienne Ford, 20, was killed Friday when her car was hit by a pickup and forced off the roadway as she drove Highway 65 in Northern Missouri.

According to the Missouri State Highway Patrol, Ford was driving southbound in front of a pickup driven by Omar Miller, 54. As they approached an intersection, Miller attempted to pass Ford. In the process of doing this, he struck Ford's car on the driver's side and both cars traveled off the roadway and down an embankment.

Ford was airlifted to Truman Medical Center where she was pronounced dead. Miller was not listed on the injury report according to the investigating officer.

Ford was not wearing a seatbelt.

Further investigation from a Missouri car accident lawyer is needed to truly determine whether Miller was negligent in trying pass Ford. If he was, Ford's family may be able to recover damages to help pay expenses after this tragic accident.

The fact that Ford was not wearing a seat belt does not have the legal ramifications in Missouri as it would in other states. Some states say that if you are injured in a car accident without a seatbelt, you are partially responsible for your injuries since taking that precaution could have prevented injury.

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If you or a family member sustain a serious personal injury, it will likely be one of the most stressful and challenging events in your life. When evaluating personal injury attorneys to help you through this complicated time, there are several qualities that you should look for.

The first thing you want in a lawyer is extensive experience in the specific practice area related to your case. If you were involved in a car accident, make sure to find someone with numerous car accident cases under his or her belt. If you are dealing with a premises liability case, make sure the attorney is qualified in that area and so on. Each area of tort law and personal injury law is very different and it would benefit you to have representation well versed in that particular area.

You also want to get a sense of the attorney’s track record when it comes to handling similar cases. You’ll want to find out how many cases they have tried and how often they go to trial. Of course you’ll also want to know how successful he or she has been when they do go to trial.

It is also important to get a sense of the attorney’s reputation in the profession. If he or she has a poor reputation among fellow lawyers, that is a very bad sign. Ask other lawyers about your potential hire and check to see if the attorney you are considering is a member of any respected professional organizations like The American Trial Lawyers Association.

Last, but certainly extremely important, you’ll want to find a personal injury lawyer that makes you feel comfortable and cared for. As stated above, this will likely be one of the most stressful periods in your life and you’ll want a lawyer that is genuinely concerned for your personal health and well being and not just the settlement. Some large firms with many lawyers on staff tend to lose this sense of connectedness as they tend to be focused on finding the fastest way to settle and move on to the next profitable case.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Missouri Premises Liability , Personal Injury News

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The number of deaths as a result of car accidents in construction zones is rising steadily each year. Over 1,000 people are killed each year and 40,000 are injured in construction zone crashes. That is up from just over 800 deaths in 1999.

Of those killed and injured, more than 80 percent are drivers or passengers. Workers are very much at risk as well, but the accidents are mostly rear-end collisions between cars in the work zone. A vast majority of crashes are caused by driver inattentiveness. These drivers will be carelessly talking on a cell phone or preoccupied with something in the car and won’t realize traffic has stopped for an upcoming work zone. This driver negligence is what causes injury accidents.

Lawmakers are split over how to deal with this problem. Some want better training for construction workers and wider lanes in construction zones. Others say driver education programs and advertisements are essential in showing drivers they need to slow down and stay alert.

Transportation officials in some states are also advocating that more roads are completely closed when construction is ongoing, rather than trying to funnel traffic through these congested areas. They have also started using longer lasting pavement to reduce the amount of maintenance needed on the roadway.

Since most work zone crashes are the result of driver negligence, those who are injured can often contact a personal injury lawyer to recover damages after the accident. You can reduce your chances of being in an accident by being attentive in work zones, but if you are still injured by someone else’s negligence you should contact a car accident attorney as quickly as possible.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Construction Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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Seven teenagers were injured in a Missouri school bus crash when a small bus run by a river resort crashed Sunday morning on Moon Valley Road near Bennett Springs, Missouri.

According to the Missouri State Highway Patrol, the bus was carrying the teens westbound near the Fort Niangua River Resort. The driver, Steven Newman, 53, moved to the right to avoid an oncoming vehicle. In doing so, he ran off the side of the roadway and down an embankment where the bus overturned, coming to a rest on its roof.

Brittnie Pratt, 17, and Chloe Schmidt, 17, were the most seriously injured. Among the others that were injured were Colleen Armstrong, 16; Chelsea Bryant, 17; Brittney Green, 17; Lauryn Salts, 17; and Elizabeth Wadsack, 17. Most of the girls were taken to St. John’s Hospital for treatment.

While many of the girls knew each other from attending Camdenton High School, they were not attending a school function and the bus was not affiliated with the school.

The initial crash report indicates the bus moved to avoid an oncoming vehicle, but it did not list the second vehicle’s driver or if authorities even know who it was.

School bus crashes are relatively rare and usually riding the bus is a safe mode of transportation. When accidents like this happen, however, the people that are injured need to contact an experienced bus accident lawyer as soon as possible. There are several ways to pursue a claim in this situation. If an investigation into the injury crash reveals the bus driver was negligent in operating the bus, the girls and their family may be able to make a claim against him or the river resort. If the bus was indeed forced off the road by a second car and that driver can be located, he may be held responsible for the injuries sustained in the crash.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Bus Accidents , Missouri Bus Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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Advertisements for legal services like personal injury attorneys appearing in print, radio and television ads may soon face stricter guidelines if the Missouri Bar and Missouri Supreme Court adopt newly proposed regulation.

Currently, all legal advertisements must have the disclaimer “The choice of a lawyer is an important decision and should not be based solely upon advertisement.”

According to the Missouri Bar Board of Governors, the new regulation would dictate how that disclaimer is included within the advertisement. For instance, if it is a print ad, the disclaimer must be in high contrast to the background and at least one-third the size of the advertising lawyer’s contact information. Television and radio ads that speak the disclaimer must say it no faster than the ad speaks the phone number of the advertising lawyer.

The use of celebrities as spokesmen would also be banned in legal advertising.

The proposal has sparked a debate in the Missouri legal community over the amount of regulation that should govern legal advertisements. Supporters of the proposal say that it is important to make special rules for legal advertisements because the public could easily be mislead regarding complicated legal matters. Opponents say it is a challenge to free commercial speech and it goes too far.

Regardless of whether or not these new rules are implemented or even necessary, the disclaimer does promote some useful advice. If you or a loved one have been injured by another’s negligence and you are seeking a Missouri personal injury lawyer for legal advice, you should thoroughly research all potential lawyers before making a decision. Don’t rely simply on ads as many attorneys do little or no advertising. Find a listing of St. Louis area attorneys and give them a call. Most will provide a free consultation of your personal injury case that will tell you more than any 30 second radio ad ever could.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Legislative News , Missouri Personal Injury Lawyer News , Personal Injury News

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Glen Clark, 53, was seriously injured Tuesday evening after the riding lawnmower he was using was hit by a car.

The Missouri injury accident took place on County Road 123 around 8:25 p.m. The investigating officer said that a 1995 Dodge, driven by Mark Parks, 48, was traveling southbound behind Clark. Parks’ car hit Clark’s mower from behind and ejected Clark.

Clark suffered serious injury and was taken by ambulance to a local hospital. Parks was uninjured.

If the initial crash report from the Missouri State Highway Patrol is accurate, then this is a rear impact collision case. Negligence is assumed on the part of the at fault driver in these cases. If a Missouri personal injury attorney is brought in to recover damages, the driver that initiated the rear end crash will have a hard time defending himself. The rear impact collision doctrine is in place because all drivers should be aware and in control of where the front of their vehicle is traveling. They should always leave enough space between them and the vehicle in front of them.

This lawnmower incident may have extenuating circumstances not detailed in the initial crash report. These additional facts are important and evidence must be collected quickly by a personal injury lawyer.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Personal Injury News

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Jose Merediz, 32, was killed and two others were seriously injured Monday in a two-car head-on crash on the outer road along I-55 in Jefferson County, Missouri.

Merediz was driving a 2005 Chevrolet Cobalt southbound on the west outer road. As he passed Turner Camp Road, a 2003 Ford Ranger, driven by David Cox, 22, approached from the opposite direction. According to the Missouri State Highway Patrol, Merediz crossed the double yellow line into the northbound lanes a crashed head-on into Cox’s car.

Merediz was pronounced dead at the scene. Cox and a passenger in Merediz’s car, Westina Barnes, 31, were seriously injured and taken to St. John’s Mercy Medical Center.

All involved were wearing a seatbelt.

The investigating officer did not give a reason as to how Merediz could have lost control and drove into oncoming traffic. Another vehicle may have forced him or he simply could have been inattentive at the wheel. Even if the initial crash report did describe the cause of the accident, it would need to be corroborated by further investigation. Initial crash reports are just the opinions of the investigating officer and do not hold up in court as part of a personal injury lawsuit. Since there was a fatality, there will be an accident reconstruction to determine who caused the accident and if either driver should be held liable. A St. Louis area car accident injury lawyer could then be contacted to recover damages for the other victims.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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The Center for Justice and Democracy recently published an article with some statistics about personal injury lawsuits that might surprise people who do not work in a profession related to civil litigation. For all the stories of frivolous lawsuits or how litigious our society has supposedly become, the numbers show that it is not quite the epidemic that some would have you believe. Tort reform advocates especially like to claim that the number of civil lawsuits is getting out of hand, but the numbers show that this is not the case. In fact, in most areas of personal injury law, the numbers are on the decline.

Here are just of few of the statistics pointed out in the article:

- Only one out of every ten people that suffer a serious personal injury ever file a claim for compensation and only two percent turn into lawsuits.

- It the area of medical malpractice, only twelve percent of people that suffer a medical malpractice injury ever file a claim and only six percent receive compensation.

- 44,000 to 98,000 people die every year due to medical malpractice or medical errors in hospitals.

- Studies by academic groups including the Harvard School of Public Health show that the idea of rampant frivolous lawsuits is an exaggeration.

- There has been a decrease in tort filings since the early nineties.

- Tort cases make up only five percent of the total number of civil cases. In contrast, contract dispute cases make up over 27 percent.

- The number of personal injury cases (which include car accident cases, product liability, medical malpractice and wrongful death) that go to a jury trial is less than four percent.

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Thao T. Huynh, 27, and Leann T. Nguyen, 30, were injured and hospitalized Sunday after the car they were riding in was rear ended and forced off the road into a cable median.

According to the Missouri State Highway Patrol, the accident occurred on Interstate 435 in Clay County, Missouri. Christopher Jackson, 16, was driving a 2000 Ford northbound on the highway and lost control of his car sending it off the left side of the roadway. As he tried to regain control, Jackson crossed back into the highway where he struck the 1998 Acura that Huynh and Nguyen were passengers in.

After the impact, the driver of the Acura, Ai Tham Nguyen, 27, also lost control of her car and went off the left side of the roadway. The car crashed into a cable median and came to a rest before crossing into oncoming traffic.

Huynh was taken by ambulance to Liberty Hospital for treatment. Leann Nguyen suffered minor injuries but refused treatment at the scene. Ai Tham Nguyen and Jackson were not listed as injured on the initial crash report.

The Highway Patrol is still investigating the accident and charges are pending.

At the moment, it is not known what caused Jackson to lose control of his vehicle. Typically, in rear-end collision car accidents, negligence is assumed on the part of the at-fault driver. If the investigation turns up further signs of negligence or the charges pending are against Jackson, a Missouri personal injury lawyer may be able to recover damages for those injured in the accident.

This accident could have resulted in more serious injuries or even a fatality if the second car had crossed into oncoming traffic. The investigating officer said the car was stopped by a cable median. We have previously commented on the safety of cable medians in earlier blog posts.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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Gary Weston, 36, and his wife Lea Weston, 37, both suffered serious injury Wednesday after a Missouri car accident on Farm Road 1090 in Barry County, Missouri.

According to the Missouri State Highway Patrol, the Westons were traveling south in a 2007 Buick Rainier and approached an uncontrolled intersection. At the same time, a 2001 Ford pickup, driven by Steven Mattingly, 23, was also approaching the same intersection. Neither vehicle stopped and they collided in the intersection.

The Westons were taken to Cox South Hospital for treatment of serious injuries. Mattingly did not sustain any significant injury, according to the initial crash report.

Since the intersection was uncontrolled, meaning it had no traffic lights or signs, different rules apply. The vehicle on the right always has the right of way when two vehicles are approaching an uncontrolled intersection. This is only if both vehicles are going to enter the intersection at the exact same time. If one car is clearly ahead of the other and enters the intersection first, they have the right of way.

The drivers in the Barry County crash should consult a personal injury attorney and describe the accident in detail to him or her. If one of the drivers negligently entered the intersection without the right of way, the other driver could be entitled to damages to cover any medical costs arising from the accident. Of course, the testimony of the driver may not be enough to win the case so a resourceful Missouri car accident lawyer will probably contact experts to conduct an accident reconstruction and prove which vehicle entered the intersection first and how fast the cars were going.

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My personal injury firm, The Bradley Law Firm, was recently honored by being invited to join The American Trial Lawyers Association.

The American Trial Lawyers Association is a national organization that is made up of the top 100 trial lawyers from each state. Only attorneys who meet certain qualifications of reputation, stature and accomplishment are extended a nomination by colleagues in the profession.

The group consists of both criminal defense lawyers and civil plaintiff attorneys.

As a member, I will have access to numerous resources and networking opportunities including national seminars and conferences. The association prides itself on developing programs to help train lawyers to face current issues and many of their publications will be beneficial to me as a Missouri personal injury lawyer.

Needless to say, we are very honored to be invited and hope to use this opportunity to help our firm grow and be able to help more people recover financially from the burdens that come with a serious personal injury.

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Most people are fortunate to never have to think about the process of hiring a personal injury lawyer. Unfortunately, accidents happen and if you or a loved one should be injured by somebody else’s negligence, you’ll want to find quality legal representation to ensure that you can recover damages to pay for your medical bills.

The first question people ask is regarding the cost of hiring a personal injury attorney. Most personal injury lawyers accept cases on a contingency fee basis, which means that they get a percentage of the award if they win the case. If they don’t win, they don’t receive a fee. This percentage varies and can be up to 40% of total award. While this seems high, the personal injury award a skilled lawyer can earn is usually many times higher than what an insurance company might offer you to settle the case without getting a lawyer and going to trial.

There may be other costs associated with specific lawyers aside from the base percentage fee so make sure you discuss this with any attorney you consider hiring.

A lot of personal injury and accident lawyers will offer you a free consultation as well the first time you contact their office. They will hear the basics of your case and determine whether or not they feel they should represent you, if they know another lawyer who would be better suited for your case, or if you even need an attorney at all. If they recommend another lawyer, they may earn a referral fee if the second attorney takes your case and successfully represents you.

After you have found an attorney and scheduled a consultation, be sure to ask a few questions. Find out the lawyer’s area of specialization and if they often handle cases similar to yours. As mentioned above, make sure you are absolutely clear on all the fees and costs before you sign anything. Also ask if they will respect your wishes when considering whether to take a settlement instead of going to trial.

You’ll also want to ask for a written retainer agreement and should read it carefully. Remember, don’t sign anything you don’t understand. Your attorney works for you so make sure they explain everything and that you are comfortable with every step of the process.

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Mathew Stone, 16, was seriously injured Wednesday when his 2006 Kawasaki Ninja crashed into a car on Route KK in Lincoln County, Missouri.

According to the investigating officer from the Missouri State Highway Patrol, the car was a 2003 Mitsubishi Eclipse, driven by Virginia Anderson, 53. Anderson had been stopped at a stop sign at the intersection of Walker Road and Route KK. As Stone traveled southbound on the motorcycle, Anderson attempted to make a left turn onto Route KK and pulled into the path of the motorcyclist.

Stone suffered serious personal injury and was flown to St. Joseph West Hospital in St. Charles for treatment. Anderson was uninjured in this Missouri motorcycle accident, according to the crash report.

It is not known how fast Stone was driving his motorcycle. An accident reconstruction will be able to determine how fast Stone was driving and how much time he had to react to Anderson pulling out in front of him.

If Anderson is found to be negligent in pulling her car onto Route KK, Stone may be able to recover damages to cover medical expenses. Even if Stone was speeding himself, a St. Louis area personal injury lawyer may be able to get some damages awarded based on the comparative fault system. These laws allow for multiple parties to be at fault for an accident with damages being paid based on their level of negligence and proportion of responsibility for the accident.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Motorcycle Accidents , Personal Injury News

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Photo from Baxter Bulletin

A Chesterfield, Missouri man, his son and another teenager were killed Friday when their five-passenger plane crashed during takeoff from a grass airfield in Arkansas.

The pilot was Warren Langford, 52 and his son was Brendan Langford, 15. Both were pronounced dead at the crash site. Jacob Ritz, 15, was taken to Baxter Regional Medical Center in Mountain Home, Arkansas where he was also pronounced dead.

Two others, Donald Beckerle, 43, and his son, Joshua Beckerle, 15, were injured and taken to the hospital for treatment. Joshua Beckerle’s injuries were considered very serious, but his current condition was not available, according to the St. Louis Post Dispatch.

The plane they were flying was a Piper Cherokee Lance owned by Propaire Inc., a St. Louis based company. The Piper Cherokee Lance is a small, single-engine plane designed to carry five to six passengers. It has a range of 1000 miles. According to the Post Dispatch, Langford and the others had flown down to an Arkansas resort earlier in the week and were taking off for their trip home when the fatal plane crash occurred.

According to witnesses in the Baxter Bulletin, the plane was tilting back and forth as it tried to take off. It then crashed through a fence at the end of the runway before hitting some trees.

Federal Aviation Administration officials are investigating the deadly plane crash, but no cause has been released yet.

FAA and NTSB investigators will look into the various mechanical and structural problems that could have contributed to this crash. If it turns out that negligence on the part of Piper Aircraft Company or Propaire Inc. contributed to this incident, the families of those onboard may be able to hire an aviation accident lawyer to help recover damages. These investigations can be long, complicated and difficult processes, especially in the case of a fatal accident, but they are important to help make sure a similar accident doesn’t happen in the future.

The Piper PA-32R line of aircraft, which includes the Cherokee Lance involved in the Arkansas crash, has been at the center of a couple high profile incidents. In 1999, John F. Kennedy Jr. and two others were killed when a Piper Saratoga, a variant of the Piper PA-32R, crashed into the Atlantic Ocean. A 2008 Piper Saratoga crash in Ohio claimed the life of Michael Connell, a communications and technology expert for leading Republicans including George W. Bush, John McCain, and Karl Rove.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Airplane Crashes , Missouri Personal Injury Lawyer News , Personal Injury News

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Updating a story we commented on earlier, a Sunset Hills police officer is being sued for wrongful death in connection to an accident on March 21 that killed four people, according to the St. Louis Post Dispatch.

The suit alleges that Christine Miller, 41, was drinking heavily at a bar before driving the wrong way on Dougherty Ferry and allegedly causing the accident.

Criminal charges were filed against Miller last week. She faces four counts of first-degree involuntary manslaughter and one count of second-degree assault stemming from injuries suffered by the other car’s driver who survived the wreck.

The passengers in the car were all natives of India and most were students at Eastern Illinois University. The four that were killed were Anusha Anumolu, 23; Satya Chinta, 25; Anita Veerapaneni, 23; and Priya Muppavarapu, 22. Nitesh Adusumilli, 27, was the driver and lone survivor of the second car.

O’Leary’s Restaurant is also being sued in connection with the accident, according to the Post Dispatch. The suit claims that the bar’s employees continued to serve Miller alcohol after she was intoxicated and did not prevent her from driving.

When a personal injury attorney feels a bar was negligent in allowing its customers to drive drunk, he might pursue a suit under ‘dram shop law’. This area of law governs the liability of liquor stores and bars when their patrons have alcohol related car accidents. Each state handles this area of law differently, which is why it’s important to hire an experienced Missouri car accident lawyer. Under Missouri law, for a dram shop case to be successful there must be proof that the person who later caused an accident was demonstrated significant impairment while at the bar.

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Three people were seriously injured, including one child, in a Missouri car accident on Missouri 64 in Dallas County, Missouri.

The crash occurred when a 1988 Lincoln Continental, driven by Tina Hughling, 42, crossed the center line of the roadway. According to the initial crash report, her car struck a 1983 Chevrolet S10 Pickup head on after crossing into oncoming traffic.

No indication was made as to why Hughling lost control of her vehicle and crossed the center line.

Brian Stafford, 28, was driving the pickup and sustained serious injuries. He was taken by ambulance to Central Missouri Hospital. Tina Hughling and her daughter, Ruby Hughling, 6, were both airlifted to Cox South Hospital with serious injuries.

Neither Tina Hughling nor her young daughter were wearing a seatbelt. Everybody should wear a seatbelt every time they get in a car. Not only will it protect you from serious injury, it is the law. Furthermore, if you are injured in a car accident and are found to have not been wearing a seat belt, you can be found to be comparatively negligent and your damages may be reduced.

The initial crash report submitted by the Missouri State Highway Patrol only has the basic information on this crash. It does not say why Hughling crossed the center line or what the speeds of the two vehicles were. There is simply not enough evidence to assign fault yet, which is why the drivers should contact a Missouri personal injury attorney to investigate the crash.

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A total of six people were hospitalized Monday evening after a head-on collision on Missouri 86.

The accident, which took place near Racine, Missouri, occurred when James Giberti, 22, lost control of his eastbound 2000 Oldsmobile and crossed the center line into oncoming traffic. Cynthia Weaver, 46, was traveling westbound in a 1998 Toyota and was struck head-on by Giberti’s car, according to the Missouri State Highway Patrol.

Weaver was driving with her husband, Daniel Weaver, 49; her son, James Weaver, 6; and Eunice Powell, 91. All of the passengers in Weaver’s Oldsmobile suffered significant injuries and were treated at local hospitals. Cynthia Weaver was flown to Freeman West Hospital while the other passengers were taken by ambulance to St. John’s Hospital.

Giberti and his passenger, Caleb McGuffey, 22, suffered less serious injuries but also sought treatment at St. John’s Hospital.

The investigating officer did not indicate what might have caused Giberti to cross the center line.

If there are no extenuating circumstances and the accident is found to have been caused by Giberti, his insurance may have to pay damages to the Weavers and Eunice Powell. Whenever someone is injured in a Missouri car accident 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. Local authorities and a Missouri personal injury attorney will look at this case to determine who is to be held liable.

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As each week passes, we are starting to see more signs that summer is here. Baseball season has started, the pools are opening, and students are getting out of school. Amusement parks across the state are also gearing up for the busy season. If a park visitor is not careful, though, serious injury and even death can occur at a place which is normally associated with fun and excitement.

Many people have different reactions to theme park rides. Some people are daredevils that feel safe going on any thrill ride, while others swear those big roller coasters are just an accident waiting to happen.

The truth is that theme parks are relatively safe as long as both the guests and the park staff are attentive and use good judgment. This, as you probably suspect, doesn’t always happen and that’s when there’s a problem.

The Consumer Product Safety Commission estimates that more than 10,500 people are seriously injured each year on rides at both permanent amusement parks and traveling carnivals combined. This data is only an estimate as a true number would be very hard to calculate. Injury accidents at theme parks aren’t always reported and rules about documenting them vary widely from state to state.

Tragically, 5 people die each year in accidents at parks like these. Just last week, in fact, a young boy drowned in a pool at a Wet n’ Wild amusement park in Anthony, Texas.

You might guess traveling carnivals, with those rickety mobile rides that collapse and reassemble in mall parking lots, might be less safe than a fixed-site theme park. This too is hard to gauge due to lack of information. We know fixed-site rides account for about 6,500 of the total injuries each year compared to only 4,000 or so for the mobile amusement rides. Fixed-site parks, though, presumably see more visitors a year, so they may be statistically safer. It’s impossible to know the exact rate for mobile parks as their attendance figures are not documented completely.

From a personal injury lawyer’s perspective, the big question is, “Why are these accidents occurring?” The CPSC cites a few main causes for the incidents. A large number of injury accidents were blamed on rider behavior. Generally this means that a park guest did something reckless like standing up on a ride or removing safety restraints. Another main cause of accidents is negligence on the part of the ride operator. If a ride operator fails to properly secure a ride’s passengers, serious injury is often the result. Most of the remaining accidents are caused by mechanical failure.

If someone is injured by a theme park staff’s negligence or a mechanical breakdown, they may be entitled to damages through a personal injury lawsuit. A claim against a theme park or traveling carnival will probably fall under the category of a "premises liability" case. These cases are brought against business or land owners when an injury results from dangerous conditions on their property. Even if the accident might have been caused by a park guest’s actions, they should still contact a injury accident attorney to learn their rights as they still may be entitled to compensation.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Premises Liability , Personal Injury News

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The Occupational Safety and Health Administration is reporting complaints that safety training consultants are shortening the hours on a required safety course, according to the Springfield Business Journal.

According to the report, some trainers are giving workers two hours of instruction and giving them bogus certification for a normally 10-hour safety course.

While the article focused on trainings given here to prevent Missouri work place injuries, skimping on required training hours is a national problem for OSHA. A case in New York City had a safety trainer deliver a 10-hour course in a mere just a couple hours over drinks at a bar.

The reason this kind of cheating has become more rampant is that a law that takes effect August 28 will require all construction companies that are taking stimulus money to have their workers complete the training course. Safety trainers overwhelmed with training session requests have been shortening their sessions in order to schedule more and make more money.

The work place and construction injuries that this course is aimed at preventing can be a devastating problem for Missouri workers. If someone is hurt on the job by another’s negligence, not only will medical bills pile up but many are not able to work and generate money during their recovery. Consulting a personal injury attorney may be beneficial in these situations to ensure that your rights are protected.

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A two-car crash on Route HH near Piedmont, Missouri seriously injured three people Saturday afternoon.

According to the investigating officer of the Missouri State Highway Patrol, the two cars, a 1999 Dodge and a 2000 Ford, were traveling towards each other on Route HH. The driver of the Dodge, Kayla Hawver, 18, crossed the center line and struck the other car head-on.

The second vehicle had two passengers: Ted McKinney, 68, and Marilyn McKinney, 63.

All three people involved were seriously injured and needed to be airlifted to a nearby hospital. Hawver was taken to Barnes Jewish Hospital in St. Louis. The McKinneys were taken to St. Francis Medical Center.

It is not known why Hawver seemed to lose track of her vehicle and crossed the center line. Authorities will continue to investigate the crash and determine what exactly happened. A Missouri car accident attorney will also be able to use this information to prove liability should a personal injury suit arise from this incident.

Even though modern cars have many safety features to protect drivers in a head-on collision, they are still one of the most common and dangerous types of accidents on the roadway. The possibility of head trauma is high even with an air bag. The exact nature of the injuries in the Wayne County crash are unknown.

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Photo from Columbia Tribune

Four people were injured Sunday afternoon in a crash involving two cars and a tractor trailer on Interstate 70 in Boone County, Missouri.

The Missouri car crash began when James Jantz, 45, lost control of his 2001 Ford Crown Victoria and began to hydroplane on eastbound I-70, according to the Missouri State Highway Patrol. Jantz’s car struck another eastbound vehicle, a 2006 Mazda driven by Kelly Brown, 23.

Jantz’s vehicle continued to spin out of control before hitting a guard rail and finally coming to a rest in the median. The impact of the initial crash caused Brown’s car to go through the median cables into the westbound lanes of I-70 where it struck a 2007 Freightliner tractor trailer head on.

The tractor trailer also ran off the roadway after the impact, hit two signs, overturned and was engulfed in flames.

Brown and passenger in her car, Chad Bingheim, 24, suffered serious injury and were taken to University Hospital in Columbia, Missouri. The driver of the tractor trailer, Mohammed Ali, 28, and a passenger, Pamelia Ali, 39, suffered moderate injuries and were also taken to University hospital. Jantz was not injured according to the initial crash report filed by the Missouri State Highway Patrol.

This complicated crash needs the attention of an experienced Missouri personal injury lawyer. The brief description in the initial crash report can’t come close to fully detailing all the events leading up to the crash. The speeds of the vehicles, the conditions of the median barriers, and the road conditions are all factors that will need to be investigated.

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Photo from STLToday.com

A worker at the SantoLubes plant in St. Charles, Missouri was seriously injured and covered in burns after an explosion late Sunday night in one of the chemical plant’s buildings.

According to the St. Louis Post Dispatch, Robert Exner, 57, was mixing chemicals in a large tank when it exploded around 10 p.m. Fortunately, company officials speculate that Exner may have been walking away from the tank when it exploded which saved him from more serious injury or even death.

As it was, Exner was burned over 30 percent of his body and taken to St. John’s Mercy Medical Center in serious condition. An unidentified paramedic also suffered minor injuries in responding to the explosion.

The blast delivered massive damage to the chemical plant and started a fire that destroyed many of the chemicals inside.

Investigators are still looking into the cause of the explosion. Officials from the Occupational Safety and Health Administration will be on site to try and determine what exactly happened and if the explosion could have been prevented.

Since it is so early in the investigation, it is not yet known if negligence on the part of the chemical company or Exner himself caused the injury accident. Should a workers compensation claim be filed in this case, however, Exner will not have to prove negligence on the part of his employer. Under Missouri workers compensation law, all you have to do is prove that you sustained an injury at work and that the nature of the work was the prevailing factor in the injury. A St. Louis area personal injury attorney may be called in to help facilitate the claim, should one be filed.

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Sandra Moore, 46, was killed Tuesday afternoon when her 2003 Chevrolet Pickup collided with another truck on Highway 61 in Lincoln County, Missouri.

The accident occurred around 1:30 p.m. at the intersection of Highway 61 and Cannonball Road, according to the Missouri State Highway Patrol. The second truck, a 1997 Ford F150 driven by Linda Grummel, 51, was heading eastbound on Cannonball Road and attempted to cross Highway 61. As Grummel crossed the highway, she drove her truck into the path of Moore’s truck and stuck the driver’s side. Moore’s truck overturned and she was ejected from the vehicle.

Moore was pronounced dead at the scene. Grummel suffered only minor injuries and sought treatment at St. Joseph’s Hospital West.

Moore was not wearing a seatbelt, according to the initial crash report.

The initial crash report is only considered hearsay when it comes to finding fault in an accident. In fatality accidents, an accident reconstruction will be performed to detail the events of the crash. From the way the initial report is written, it would appear that Grummel may be at fault, but there are some inconsistencies in the report about the direction of the vehicles. Regardless of what the initial report says, further investigation by a Missouri car accident attorney and local authorities will be needed to get a clearer picture of how exactly this fatal Missouri crash occurred.

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A cautionary tale about statutes of limitations was printed in the St. Louis Post Dispatch today.

The Post Dispatch reported on the story of James Barge, 29, a man who was involved in a fatal car accident four years ago. According to the report, an earlier accident on Interstate 170 in February 2005 blocked two lanes of traffic. Damon Covington, 58, was driving a little behind the accident and stopped to offer any assistance he could. That’s when Barge’s car crashed into the wreckage and killed Covington.

Barge was taken to a local hospital and submitted to a sobriety test that, while conducted hours after the accident, showed that Barge was likely over the legal limit at the time of the crash.

Despite the sobriety test results and a police report stating that Barge’s speeding kept him from avoiding the crash, Barge was not prosecuted and didn’t even get a speeding ticket, according to the Post Dispatch.

Authorities have three years under Missouri law to file criminal charges and due to oversights and miscommunication among the Missouri State Highway Patrol, no criminal charges were ever filed. Now that the deadline has passed, no charges ever will be filed.

This is an example of why you shouldn’t wait if you are involved in a Missouri car accident that causes you or someone you love serious personal injury. While the report described above was dealing mainly with the criminal charges, there are similar laws regarding personal injury and wrongful death lawsuits.

Under Missouri law, the statute of limitations on personal injury and negligence cases is typically five years with the Discovery Rule. Medical malpractice is two years and product liability is five years. The specifics of a case may affect the timeline, but these are the rough guidelines.

Don’t wait to contact a personal injury lawyer if you have been injured by someone else’s negligence. Wait too long and all you are doing is forfeiting your own rights.

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John Hesse, 80, and Judith Thompson, 53, were seriously injured Tuesday after their cars collided on Missouri 81 near Kahoka, Missouri.

According to the Missouri State Highway Patrol, this Missouri injury accident occurred when Hesse tried to cross Missouri 81 in his 1999 Ford. Hesse’s car pulled into the path of Thompson’s 1999 Dodge and was struck in the passenger side door.

Both Hesse and Thompson were seriously injured. Hesse was taken by ambulance to Keokuk Area Hospital and Thompson was airlifted to Blessing Hospital.

Side impact collisions can, in many cases, be more dangerous than head-on collisions. Most cars have numerous safety features designed to keep passengers safe in the event of a head-on collision. The front end of the car also absorbs most of the impact. This is not the case in side impact collisions. While some vehicles do have side curtain airbags, the jarring side to side motion often creates neck injuries and the thin layer of the door often fails to keep the passenger safe from objects entering the cabin.

The initial crash report in the Kahoka crash is just the opinion of the investigating officer. Unless he actually witnessed the crash, it would be considered hearsay in court. A Missouri personal injury lawyer would need to conduct more extensive investigations should this incident produce a personal injury suit.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Personal Injury News

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Ann Kaminsky, 47, was found dead Sunday after apparently falling into a lake inside a condo complex in Weldon Springs, according to a St. Louis Post Dispatch report.

According to officials cited in the report, no foul play is suspected and no signs of trauma or struggle were immediately visible. An autopsy will be conducted as will a toxicology report, but the findings may not be released for weeks.

The report also says that witnesses saw Kaminsky drinking what might have been alcoholic beverages and reading, though it is not known what exactly she was drinking. Officials say it’s likely that she fell on a slippery area around the lake.

The results of the autopsy and toxicology report will tell us a lot about this case. If Kaminsky had been drinking heavily, it is entirely plausible that she simply fell in the lake while inebriated and was unable to swim out. If it tests come back saying she hadn’t had that much to drink, or that the slip and fall knocked her unconscious, this might be a case of premises liability.

A premises liability case alleges a defect or dangerous condition of property causes personal injury or death to a person. Missouri law requires owners and possessors of property to maintain their premises in a reasonably safe manner. This includes keeping areas free of foreign objects, slippery substances and hidden dangers.

If an investigation into the condo grounds turns up evidence that there was a slippery and unsafe area around the lake that pedestrians were expected to walk in, a Missouri personal injury attorney could argue that the condo managers were negligent in maintaining their property.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Personal Injury Lawyer News , Missouri Premises Liability , Personal Injury News

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Many people that have not been in a serious injury accident wonder sometimes about the necessity of personal injury lawyers. They may feel like insurance companies will be able to take care of them after they or their loved ones are hurt. After all, that’s what you are paying the insurance premiums for.

Unfortunately, the reality is much more complicated than that. Insurance companies are there to make a profit and many times, this pursuit of profit conflicts with the well-being of their clients. Insurance companies will not full compensate victims and will look for ways out of paying for an expensive accident. The insurance companies know the law and will try to get by paying the bare minimum, even if that leaves their clients less than whole.

Essentially, a personal injury lawyer levels the playing field for the average person. They will fight for you and, if you have an experienced attorney on your side, will have equal knowledge of the law that the insurance companies do. It’s not a matter of trying to make extra money after an accident. It’s a matter of making sure your rights as a victim are preserved.

Accident and injury lawyers usually work on a contingency fee basis, which means that they do not receive a fee unless they successfully represent your case. There are no upfront costs to incur during a time when an injured person already has too many costs to worry about.

If you or a love one have been injured, I would recommend at least getting a consultation with an attorney. Many offer free consultations with no obligation to hire.

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On the common questions asked of a personal injury attorney is, “What if I have lingering injuries from an accident I didn’t originally know I had?”

The answer to this greatly depends on your actions immediately after your accident or injury. The days after an accident can be hectic and confusing, especially if you are dealing with topics you’ve never studied like your rights as a victim, and insurance companies may rush you into a decision you are not ready for.

Insurance company adjustors will probably contact you with a settlement offer fairly quickly and ask you to sign a “Release of all claims” form. Signing this form basically means that you agree with the adjustors offer and are willing to sign away your right to further civil action regarding the case. There are times that this is a fine course of action, but there are many others when the insurance company does not properly asses the damage or your lingering pains require serious medical attention after signing the form.

Consider a person injured in a rear-end collision. Whiplash injuries are very common in these situations and the symptoms may linger for a very long time and require numerous expensive treatments. If that person just assumes the pain will go away naturally and signs the release forms, he will have no recourse a week later when his pain has worsened and is keeping him from working.

My advice would be to tell the insurance company to wait until you are absolutely sure the extent of your injuries is known. See a doctor and if the injury appears more serious than initially thought, contact a personal injury lawyer for advice.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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CNN is reporting that Dustin Dibble, 25, was awarded $2.33 million in a personal injury suit for an accident that cost him his leg after he fell onto the subway tracks in front of a train.

Dibble had been drinking at a downtown New York bar in April 2006, according to CNN. His blood alcohol content was .18. While waiting for the train, he stumbled onto the tracks and his leg was severed by the coming train.

Despite the fact he was drunk, his lawyer successfully argued that the bulk of the responsibility belonged to the NYC Transit system because the train operator had actually seen Dibble on the tracks in plenty of time to stop, but failed to do so because he thought what he saw was an inanimate object. Dibble’s lawyer said that train operators should be better equipped to handle these situations.

Dibble’s drunkenness was considered a secondary cause to the accident, so his compensation was reduced from $3.5 million to $2.3 million under comparative fault laws.

Many people hearing the story of a drunken man falling on the tracks would just say he got what he deserved. A compassionate and experienced personal injury lawyer, though, can look at cases like these and discover the facts behind the headline. You do not lose all your rights simply because you’ve had a drink. Many cases are not black and white and that’s why we have comparative fault and proportional liability laws as well as personal injury attorneys to help people in these complicated cases.

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Photo from KMOV

Newton Keene, 46, was reportedly drunk behind the wheel when he drove into oncoming traffic on Illinois 255 Thursday and caused a crash that killed three people, according to the St. Louis Post Dispatch.

The report says t