Missouri Accident Lawyer Blog

A daytime stroll was almost deadly for an Illinois toddler who was saved from an Illinois car accident by her nanny. Jennifer Anton, a 25-year-old from Kansas City, took baby Tyler on a daytime stroller walk on Saturday afternoon. Suddenly, a white Streets and Sanitation truck accelerated towards the curb. Anton pushed the stroller away just before the pickup truck slammed into her. In all, seven people including Anton were injured in the accident. Anton was one of two people in serious condition after the accident.

The accident was caused when Dwight Washington, a City of Chicago worker, crashed into a group of people in the Gold Coast neighborhood. Washington drove a municipal F-150 into a crowd while he was intoxicated. According to reports, his blood alcohol level was .183, which is more than twice the legally allowed legal he sat next to an open bottle of brandy.

Washington was held on $400,000 bond. He was charged with several counts of aggravated driving under the influence and two counts of misdemeanor driving under the influence. Other citations include failure to reduce speeding, transporting open alcohol in a vehicle, and negligent driving. Washington faces lawsuits as a result of the Illinois car accident. The City of Chicago also faces lawsuits about the accident.

The tort principle of respondeat superior allows accident victims to sue the employer of the driver-at-fault when the driver-at-fault was acting within the course of employment. In this instance, Washington was a municipal worker who drove a municipal vehicle. The accident victims may successfully sue the City of Chicago for their injuries through respondeat superior.

Sovereign immunity may complicate a lawsuit against municipal employers. Traditionally, governments were immune from tort lawsuits – a concept known as sovereign immunity. Sovereign immunity is still in effect unless a public entity expressly waives it. If a public entity like a state or city chooses not to waive its sovereign immunity, accident victims may not sue the public entity for compensatory damages.

Missouri expressly waived its sovereign immunity when a Missouri car accident is caused by a public employee. Missouri statute §537.600 states that immunity for public entities is waived when an accident victims suffers from “[i]njuries directly resulting from the negligent acts or omissions by public employees arising out of the operation of motor vehicles or motorized vehicles within the course of their employment.” When a public employee injuries an accident victim in a Missouri car accident, the accident victim may sue the government through respondeat superior.

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Two lawsuits have been filed in St. Clair County Circuit Court regarding a car accident which took place last April. Alex D. Johnson was driving his vehicle southbound on Union Hill Road, with one passenger, Latanya S. Ford. Travis G. Dillon drove through the intersection of Union Hill Road and Frank Scott Parkway West in Caseyville, striking the vehicle with Johnson and Ford inside. Both Ford and Johnson are claiming Dillon caused the collision, stating he was negligent in failing to keep a proper lookout, failed to properly apply the brakes of his vehicle, failed to reduce his speed to avoid a collision, and failed to yield to Johnson’s vehicle. Ford and Johnson are each suing for disability and disfigurement, pain and mental anguish, lost earnings, incurred medical costs and diminished earning capacity. Ford and Johnson seek a judgment of more than $50,000 in each complaint, as well as costs and any other relief the court deems just. Gregory M. Tobin of Pratt will be representing both Ford and Johnson in their suit.

Injuries suffered by an individual following a serious car accident are meant to be offset through the recovery of compensatory damages. Many times, serious injuries result in the victim incurring staggering medical bills which may encompass a substantial portion or even all of the available insurance coverage. The award of compensatory damages must also take into consideration any possible future medical costs. Actual damages can include monetary awards for medical expenses, property damage and loss of income, while general damages may be awarded in some instances for pain and suffering, mental anguish or lost opportunities in the future.

The victim of an auto accident could be awarded actual damages for the repair or replacement of the automobile damaged in the accident and possibly reimbursement for the required rental vehicle during the time the damaged vehicle is being repaired. If the victim of an auto accident is unable to work due to injuries from the accident, he or she may be entitled to money which would normally be earned during that time period as well as for the loss of a regular paycheck due to necessary medical treatments. The most personal element for the victim of an auto accident is the amount of physical pain endured as well as the level of suffering that pain causes.

Because every individual’s pain tolerance is different, determining the exact amount can be problematic. An experienced Missouri personal injury lawyer can be instrumental in collecting information from medical practitioners, determining the quantity of medication the injured person requires, as well as the various types of medical treatment necessary and the proposed length of those treatments. A Saint Louis personal injury attorney may also speak to the injured person’s spouse or closest friends and relatives to determine the extent of change to the victim’s quality of life. Generally speaking, the sooner you contact a Missouri car accident attorney to investigate your claim, the better, as personal injury cases of this nature are time-sensitive.