Missouri Accident Lawyer Blog

Caryn N. Hill, a 21 year old from Florissant, was injured in a St. Charles County personal injury accident. The accident occurred on I-70 on the Blanchette bridge.

Hill stopped a 2008 Volkswagen Rabbit behind a stranded motorist on the westbound portion of the interstate highway. A 2008 Honda Civic driven by Kyle P. Kenyon of Lake St. Louis swerved to avoid Hill’s Rabbit. The Honda still crashed into the Volkswagen before changing lanes. When the Honda changed lanes, it crashed into a 2006 Kia Spectra driven by Laron S. Taylor of St. Charles.

The three vehicles involved in the accident sustained damage. There were no reported injuries for any drivers or occupants, with the sole exception of Hill. Hill was taken to St. Joseph East Hospital by St. Charles County Ambulance.

Multi-vehicle accident attorneys understand that the injuries caused by a Missouri multi-vehicle accident can be devastating. Accident victims may be in a vehicle that endures more than one collision. Multi-vehicle accidents may so many cars that accident victims become trapped for long periods of time. Rescue crews have a more difficult time getting to accident victims, so injuries that need quick attention worsen.

Multi-vehicle accidents are even more dangerous on high-traffic, high-speed roadways like interstate highways. Drivers operate their vehicles at such high speeds, often above the posted speed limit, that they cannot stop or avoid the pile-up before making it worse.

Pile-up accident victims often wonder: who is liable in a Missouri multi-vehicle accident? Determining which driver is at fault when multiple vehicles are involved. The complexity of determining fault is detrimental to an accident victim without an attorney. Multiple drivers mean multiple insurance companies and multiple attorneys attempting to take advantage of unrepresented accident victims. Accident victims who are injured in pile-ups should contact an accident attorney as soon as possible.

A car was pushed off the roadway in a Jefferson County two-vehicle car crash on January 11, 2012. The morning accident occurred when Caleb W. Parker-Mathews of Pevely, Missouri was driving on Monticello Drive, west of Metropolitan Boulevard. Parker-Matthews attempted to make a right turn in a 1999 Ford Escort.

The front of the Ford skidded on wet pavement. The Ford crashed into a 2002 Chevrolet Impala driven by Katie M. Presley of Hillsboro, Missouri. The Impala was pushed off the roadway in the accident.

One person sustained personal injury in the accident. Megan L. Hawkins, 20, of Barnhart, Missouri suffered moderate personal injury. Hawkins was taken to St. Anthony’s Medical Center by Rock Township Ambulance District. All of the vehicles involved sustained damage.

People who are victimized in the same accident can sue the defendant driver together. The process is called “permissive joinder.” The process is “permissive” because plaintiffs are allowed to join their cases, but are not required to do so. The courts allow permissive joinder because joining together related cases is more efficient. The court can conduct a single trial about the accident instead of hearing two separate trials with large the same facts.

Permissive joinder may be beneficial for accident victims who suffered personal injury in a single accident. If there is no conflict of interest, the plaintiffs may be able to hire one law firm instead of obtaining separate attorneys. The attorney that the two plaintiffs hire can become intimately connected to all of the facts of the case, instead of having to coordinate with another attorney.

Even when both plaintiffs are injured in a single accident, there may be separate issues for each plaintiff for the court to decide. For instance, if both plaintiffs suffered personal injury, the court will have to hear evidence about their individual injuries. If one of the plaintiffs owned a vehicle that was damaged in the accident, the court will hear evidence that only applies to the vehicular damage. Nevertheless, hearing a few separate issues for each plaintiff is still more efficient that hearing two separate trials.

Continue reading "Car Pushed off Roadway in Jefferson County Car Crash" »

Dustin K. Burnett of Mineral Point, Missouri lost control of his vehicle in a Washington County Missouri car accident on January 7, 2012. The 18-year-old was driving on travelling on Trockey Road, 100 feet north of Frontier Road in Washington County. Burnett lost control of a 2004 Ford Taurus and travelled off the gravel roadway. The Ford crashed into a nearby tree at the conclusion of the accident.

Burnett was moderately injured in the crash. He was not wearing a seat belt. The Arch helicopter transported Burnett to Mercy Hospital in Creve Coeur, Missouri. The Ford was totaled.

Driving on unpaved rural roads can be perilous. Fewer cars drive on rural roads compared to suburban and urban environments, so transportation departments invest less in safety devices. As a result, rural roads are well-equipped to handle high-speed traffic.

Rural roads present a great deal of safety hazards to drivers, including:
- steep hills
- sharp curves
- damaged roads

Rural roads lack many features that allow urban and suburban drivers to operate safely. Rural roads are notable for:
- lack of signs
- lack of sufficient width for vehicles to pass
- lack of shoulders
- lack of guard rails

Roads in rural areas may be dirt roads or gravel roads. Either may suffer from corrugations in the road surface nicknamed “washboards.” Washboards occur when roads are not regularly maintained, a common occurrence in rural areas. Rural transportation departments have smaller budgets than city departments, but have more ground to cover.

Washboards have reduced traction and cause drivers to lose control of their vehicles. To avoid losing control on a washboard in a rural road, brake before entering potentially washboarded areas like curves or downhills. Use four wheel drive if your vehicle is capable.

If an area near your regular driving route is washboarded, contact your local government to see if the road can be better maintained. If you are injured in a car accident on a washboarded area of the roadway, contact a Missouri personal injury attorney. If the local transportation department failed to adequately maintain the road, the transportation department may be liable for your injuries.

Two Missourians were injured in a Franklin County Missouri personal injury accident on January 7, 2012 at 12:56pm. The afternoon accident occurred on Route HH near Rock Church Road.

The accident occurred as Keith L. McGee, 40, of Ballwin, Missouri drove on southbound Route HH. The 2009 Kawasaki VR100 driven by McGee crossed the centerline of the roadway. The motorcycle crashed into a 2006 Dodge Dakota, driven by Walter F. Lee of High Ridge, Missouri.

Two Missourians sustained moderate injuries in the accident: Delores E. Utley of Osage Beach, Missouri and McGee. Utley, 72, was a passenger in the Dodge. Utley was transported to St. Claire Hospital by Meramec Ambulance. McGee was taken to Mercy in Creve Coeur. Both injured parties were transported by Meramec Ambulance.

Higher gas prices have encouraged many commuters to drive motorcycles. Motorcycle fuel economy tends to be much better than car or SUV fuel economy. Some motorcycles have been documented as getting hundreds of miles per gallon (mpg). However, owning and operating a motorcycle requires prudence.

Motorcycles require careful maintenance. Motorcycle owners should exercise care in choosing a mechanic. Motorcycles should only select mechanics who are competent. Motorcycle owners may be able to read reviews of various mechanics and motorcycle repair shops in making their decision. Negligent motorcycle repair can cause Missouri motorcycle accidents. Negligent motorcycle mechanics may fail to notice that the tires are improperly aligned or that the engine has problems that could lead to a failure. These mistakes may lead to a serious accident.

Motorcycle accidents may also be caused by the driver of a passenger vehicle. Car drivers may fail to notice that the motorcycle is driving on the roadway and crash into it. Car drivers should exercise due care to ensure that a motorcycle is not in their blind spot. Failure to exercise that care constitutes negligence.

Two Missourians were involved in Saint Charles County Missouri personal injury accident on an exit ramp of I-64. Susan L. Morrow of St. Peters, Missouri stopped improperly on the I-64 exit ramp to Highway K in a 2008 Mazda 3. A 2008 Nissan Rogue crashed into the rear of the Mazda. The Nissan was driven by Rebecca S. Tiek.

Both Morrow and Tiek were injured in the accident. Tiek was taken to Progress West by St. Charles County Ambulance. St. Charles County Ambulance transported Morrow to Mercy Medical Center.

MSHP’s crash reports create an effective record of important details concerning a traffic accident. The crash report will specify the drivers involved, the vehicles involved, and the people who suffered personal injuries. If a lawsuit is not filed until a while after the accident occurs, having a written record about the crash is useful. Memories about the accident may fade before the statute of limitations tolls completely. Official copies of the crash report can be obtained from the MSHP. The MSHP posts unofficial, preliminary crash reports online for 29 days.

The crash report will also include a summary of the accident. Occasionally, a MSHP officer will indicate that a particular party is at fault for the accident. For example, the officer who prepared the crash report for the above accident stated that Morrow made an improper stop. The Missouri State Highway Patrol (MSHP) makes crash reports available online.

Crash reports are very useful in car accident lawsuits. Crash reports are not conclusive evidence of negligence, but they leave a strong impression. MSHP officers are well-trained and experienced with traffic accidents on Missouri’s highways. If a MSHP officer believes one party made an improper turn, the court will be inclined to agree.

Saint Charles County Missouri personal injury lawyers expertly use crash reports to support the cases of their clients. If the officer’s description of the accident coincides with the testimony of an independent accident reconstruction specialist, the crash report becomes strong evidence in court. If you were involved in a car accident and wonder how the crash report will affect your ability to recover compensation, please contact our firm. Our firm provides free legal consultations to accident victims.

Two women were injured in a Jefferson County Missouri accident on January 2, 2012 at 3:45pm. The accident occurred on southbound U.S. Highway 67 at Meyer Road. One vehicle was totaled in the crash.

Gina L. Warhover of Desoto, Missouri slowed her 2000 Ford Ranger to avoid hitting another vehicle. The Ford swerved left directly into the path of a 2010 Hyundai Sonata driven by Kimberly M. Schnitz of Bonne Terre, Missouri. The left of the Ford crashed into the right rear of the Hyundai. The Hyundai travelled off the right side of the roadway. Off the roadway, the Hyundai struck a guardwire and a traffic signal post. The Hyundai then overturned.

Warhover and Schnitz suffered personal injury in the accident. Warhover suffered moderate injuries and Schnitz sustained minor injuries. They were transported to Jefferson Regional Medical Center by Joachim Plattin Ambulance.

Even people who consider themselves safe drivers may need the help of a St. Louis auto accident attorney or a defensive driving course. Safe drivers rarely think about how they would deal with a car accident. Safe drivers drive at the speed limit, adjust their choice to weather and road conditions, and check their blind spots before initiating a lane change. However, those driving techniques may not be enough to avoid a Missouri car accident.

Safe drivers may still be harmed in car accidents because of the behavior of negligent drivers. Drivers who carefully obey safety regulations may still be struck by other drivers. A safe driver may be driving prudently in the correct lane, but still be hit by a negligent driver too concerned with a text message to avoid an accident. Learning how to deal with negligent drivers is an important skill.

Defensive driving courses can teach safe drivers how to deal with the behavior of negligent or aggressive drivers. Accident prevention is typically a key focus of defensive driving courses. Students may learn how to identify inappropriate driving behaviors and respond. Defensive driving course students may also learn about automobile safety outside of driving. For examples, the courses may teach student show to change tires or charge motor vehicle batteries.

Often, experienced drivers feel that defensive driving courses are unnecessary. However, even experienced drivers are involved in accidents. Outside of young adults between the ages of 16 and 20, experienced drivers between the ages of 45-54 suffer the highest number of fatalities in car accidents. Experienced drivers should consider taking defensive driving courses.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Continue reading "Distracted Driver Causes St. Charles County Missouri Rear End Crash" »

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

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

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

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

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

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

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

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

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