February 16, 2010

Toyota recall update

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It seems that as each week goes by, another complaint is lodged with Toyota and another round of recalls is issued for a potentially dangerous design defect. The total number of vehicles affected by recalls has risen to 8.5 million. To put that in perspective, Toyota sells about 2.3 million vehicles in the U.S. every year. It appears news for the auto manufacturer is not getting much better as the U.S. government has asked the company to hand over recall documents at the same time as a flood of new complaints rolls in.

The Transportation Department has demanded that Toyota turn over documents relating to the recalls that would demonstrate when the company found out about the potential dangers. Officials are looking to see if the company delayed publicizing the news after learning about the potential flaws and dangerous mechanical failures. If the company knew about problems and failed to warn drivers causing more fatal car accidents, the company could face serious consequences.

Toyota's response to the Federal Government's demands must be received in 30 to 60 days or the company could face fines. The Transportation Department is already considering fining Toyota for its handling of the situation.

As the government continues to put pressure on Toyota, more and more complaints stream in from average citizens. According to some reports, the National Highway Traffic Safety Administration has received word of up to 34 fatalities in the past decade connected to rapid acceleration issues. Nearly a thousand new incident reports have come in since the recalls went public and officials expect the numbers to rise. It should be stressed that these reports have not been verified or investigated, but if they are accurate, they will be evidence that Toyota's problems are much larger than first suspected when the first recalls were issued last year.

As if all that wasn't enough, the company has just announced it will be looking into a new reported problem: defective power steering in their Corolla models.

February 14, 2010

Another fatal accident raises concerns over Highway DD

Area residents have called for safety improvements on Highway DD in St. Charles County in the past. Before Sunday, there had been five deaths on the rural roadway in the last five years. Tragically, after Sunday that number was raised to six.

Daniel Windler, 61, was killed Sunday evening while walking along Highway DD after his own car had slid off the road. According to the St. Louis Post Dispatch, he called for a tow truck and was walking back to where his car was stuck when a 17-year-old girl also lost control of her car on the icy road and slid into him.

Windler was pronounced dead at the scene. The girl was uninjured and will not be charged for this fatal Missouri car accident.

According to the Post Dispatch, Windler was among the residents who were calling for improvements to the road. Highway DD is extremely windy and hilly with no shoulder or guardrails in many places. It has made lists of the most dangerous roads in the state and we have even commented about it here on the blog.

The Missouri Department of Transportation already has plans to do safety upgrades on the road to prevent car and truck crashes, but residents have been spreading a petition to get MoDOT to fast track these improvements. According to the Post Dispatch, Windler had recently signed the petition.

February 7, 2010

St. Charles County crash sends three to the hospital

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.

February 3, 2010

Pressure on Toyota mounts as DOT issues statement

Ray LaHood, the Department of Transportation Secretary, has issued a statement saying that drivers who own one of the recalled Toyota models should bring their cars back to their local Toyota dealers to have the cars fixed as soon as possible, according to a CNN report.

Some earlier reports had quoted LaHood as more sternly warning Toyota owners to stop driving the vehicles at all. LaHood later said this was a misstatement, according to the report.

Either way, the pressure on the car manufacturer has ramped up considerably over the last couple weeks over concerns that a dangerous vehicle defect in several of their models could lead to a serious car accident. Numerous reports have come in describing the accelerator pedal in some Toyota sticking and causing the cars to speed uncontrollably.

Toyota initially blamed the problem on improperly installed floor mats, but has since issued several more statements that indicate the problem may have to do with the actual pedal mechanism wearing down. Millions of cars have been listed in the recall and you should consult your dealer to see if your model is one of them.

The problem garnered national attention after a fatal car accident in California, but some are reporting that hundreds of rapid acceleration accidents have occurred with Toyota vehicles over the last decade. A report by Safety Research and Strategies Inc., which used data compiled by the National Highway Traffic Association among other agencies, says that as many as 815 crashes since 1999 may be linked to some sort of uncontrollable acceleration in a Toyota vehicle. 19 people died in those crashes and more than 300 were injured.

Toyota, or any other vehicle manufacturer for that matter, needs to be held accountable if a dangerous defect exists which could end up costing lives, especially if the defect is something the company has known about for some time. Toyota owners need to be diligent and look for signs that their accelerator pedal is sticking or returning slowly after being pressed. Contact your dealer and ask what they can do to fix your vehicle and don’t get behind the wheel if you feel unsafe at all.

If you have been injured by a vehicle defect in a Toyota or any other car, contact a personal injury attorney as soon as possible. Product liability cases need to be well documented and handled very quickly so don’t delay in having your case examined.

January 30, 2010

Rear end collision injures two near Cape Girardeau

Melissa Spain, 41, and Gayle Cantrell, 56, were both injured Saturday afternoon in a Missouri rear impact crash on Highway 25, according to the Missouri State Highway Patrol.

The initial crash report describes the accident as a rear end collision. Cantrell had slowed her 1995 Dodge to make a left turn when she was struck in the rear by Spain's 1995 Plymouth. The impact of the crash caused both vehicle so spin off the roadway.

Both Spain and Cantrell were taken by ambulance to St. Francis Medical Center for treatment.

Spain was not wearing a seat belt at the time of the wreck, according to the crash report.

It is unclear what exactly caused Spain to hit Cantrell's vehicle and cause this Missouri car accident. It could have been weather related or Spain simply could have been inattentive. A more thorough report of the crash will be needed to fill in the details.

In most rear end collision cases, though, the rear end collision doctrine applies which means negligence is assumed on the part of the at fault driver. This is based on the reasoning that all drivers should be in control of where there vehicles are heading at all times and leave enough space between them and the vehicle ahead of them. A Missouri personal injury lawyer would need only prove that the doctrine applies to any specific rear end collision case and that no other extenuating circumstances helped cause the accident.

January 28, 2010

St. Francois County accident injures three

Three people were hospitalized with serious injuries after a Missouri car crash Wednesday morning on Highway 221.

According to the Missouri State Highway Patrol, the accident occurred around 11 a.m. near the intersection of Highway 221 and Henson Road. Anthony Hedrick, 34, was traveling northbound in a 2004 Ford F-150 when he lost control of his vehicle. Hedrick's truck began to travel off the right side of the roadway and, in an attempt to regain control, Hedrick over-corrected and sent his truck screeching back across the roadway. Gracie Haus, 33, who was driving a 1992 Jeep Cherokee southbound on Highway 221, was unable to avoid a collision with Hedrick's truck.

Both Hedrick and Haus were seriously injured and flown to local hospitals for emergency treatment. Patricia Helms, 36, a passenger in Haus' Jeep, was also seriously injured and flown to a local hospital.

Helms was the only passenger wearing a seat belt in this serious Missouri injury accident.

The initial crash report does not say what caused Hedrick to lose control of his truck in the first place. If negligence on the part of either driver helped cause this accident, a Missouri car accident attorney may be called in to help the injured party recover damages to pay for medical bills and other expenses.

January 24, 2010

Department of Transportation warns against distracted driving using new website

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.

January 22, 2010

Chrysler to issue recall to address brake failure


Right on the heels of another large Toyota recall, Chrysler has issued a recall of their own involving more than 24,000 Chrysler, Dodge and Jeep vehicles over brake failure concerns.

A potentially dangerous product defect has been discovered by the company in which some vehicles could have faulty brake booster rod retaining clips or, in the case of the Ram pickup truck, the vehicle may not have the part installed at all. The clip is important for normal function of the brakes and the defect could cause brake failure and a serious car or truck accident.

The recall applies to some late model Sebrings, Avengers, Dodge Nitros, Jeep Liberty, Jeep Commander, Grand Cherokee and Ram pickups. Not every vehicle in each line is subject to the recall so if you own one of these vehicles, contact Chrysler or the NHTSA to see if it is involved in the recall.

According to a statement made to the NHTSA, the problems were discovered by company workers and the recall is not in response to any crashes or injuries caused by a mechanical defect.

Reports say that factory workers doing safety tests discovered that some of the vehicles with the defect had the potential to lose all braking power.

January 20, 2010

Toyota issues another recall

Toyota Motor Corporation has issued a recall for approximately 2.3 million vehicles sold in the U.S. due to the potential danger of sticking accelerator pedals causing serious car accidents.

Toyota has already issued a recall last year for vehicles that may have a defect which caused floor mats to jam the accelerator pedals causing the car to accelerate uncontrollably. This is also the fourth major recall by Toyota in the past two years.

The most recent recall is in response to a potentially dangerous mechanical defect that may cause the accelerator pedal to stick when pressed down. When Toyota issued the recall last year, it claimed that the rapid acceleration problems were caused only by mismatched floor mats, despite concerns that additional mechanical problems existed. This latest recall seems to confirm some of those concerns.

Vehicles involved in the recall include the 2010 Highlander, 2009-2010 RAV4, 2008-2010 Sequoia, 2009-2010 Corolla, 2005-2010 Avalon, 2007-2010 Camry, 2009-2010 Matrix and 2007-2010 Tundra.

Toyota will continue to investigate potential problems relating to the accelerator. It is unclear if this latest recall was spurred on by any recent car accident injuries or if the recall is just based on concerns arising from in-house product testing.

If you have any questions regarding your vehicle, contact your local dealer for more details.

January 18, 2010

Woman injured in Lincoln County crash

Liberty White, 29, was injured in a Missouri car accident when her vehicle crashed into another on Highway 47 on Monday morning.

According to the Missouri State Highway Patrol, White was driving a 1993 GMC Jimmy northbound at the time of the injury accident. A 1999 Ford Expedition, driven by Marilyn Smith, 66, was backing out of a private driveway onto the highway. According to the initial crash report, Smith failed to yield to White and pulled in front of her SUV. White was unable to avoid the collision.

White was taken to Lincoln County Medical center for treatment. Smith was not listed as injured in the report.

If Smith was at-fault for the accident, her liability insurance will pay for the damages sustained by White. While the initial crash report says Smith failed to yield, this is just the opinion of the investigating officer and will need to be corroborated by further investigation should liability be disputed. If you have been involved in a similar accident and have some questions about how to handle your case, contact a Missouri car accident attorney as soon as possible.

January 16, 2010

Head on collision kills Missouri woman

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.

January 9, 2010

Andrew County, Missouri crash injures three


Three people were hospitalized, one with serious injuries, after a Missouri car crash on Highway 71 at Route B on Saturday evening.

Emily Howell, 21, was driving a 1996 Honda Accord northbound on Highway 71 when the crash occurred. According to the Missouri State Highway Patrol, Brent Furst, 20, was heading westbound on Route B in the direction of Highway 71 and Howell's car. The reached the intersection at the same time and Howell's car crashed into the driver's side of Furst's 2003 Pontiac Grand Am. After the impact, both cars slid off the roadway into the median.

Furst was seriously injured and flown to Heartland Regional Health Center for emergency treatment. Howell and a passenger in her car, Kelsey Sanders, 20, were also injured and sought treatment at Heartland Regional.

All passengers were wearing seat belts and the initial crash report didn't mention any citations for this crash.

With the details initially available, it's hard to determine which driver is at-fault for this Missouri injury accident. More information needs to be gathered like the speed of the two vehicles and whether the intersection was controlled or not. Once this information is determined, the injured party may want to contact a Missouri car accident lawyer to discuss their rights and ensure that they receive compensation for their injuries. Many personal injury attorneys offer free consultationsto discuss your case.

January 7, 2010

Missouri woman killed in accident at car wash

Rosland Watson, 40, was killed and another woman was seriously injured Thursday in a Missouri car accident at a car wash in the city of Grandview.

According to a KSHB-TV report, the two women were were sitting on a bench waiting for their cars to be cleaned, when an out-of-control SUV struck them upon leaving the washing area. The SUV was being driven by its owner away from the washing area when it accelerated rapidly and jumped the curb.

Watson was pronounced dead at the scene. The second woman, whose name has not been released, was rushed to the hospital with serious injuries to her leg.

The name of the driver has also not been released, but reports are that he is cooperating fully with authorities as they try to determine whether this fatal car accident was the result of driver error or some sort of mechanical malfunction.

We have previously reported on rapid acceleration issues with Toyota and Lexus vehicles. Toyota has issued a series of recalls and statements after a few incidents and tests. One tragic case of rapid acceleration killed four people in San Diego last summer.

Authorities will no doubt be investigating the possibility that this latest Missouri car accident is the result of rapid acceleration caused by faulty manufacturing.

January 3, 2010

The role of accident reconstructions

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.

December 30, 2009

North St. Louis accident leaves one dead

One Missouri man was killed and another was seriously injured this morning in a two-car St. Louis accident at the intersection of Hall Street and Adelaide Avenue.

According to the St. Louis Post Dispatch, the name of the deceased was Ricky Prosser, 35. The name of the second man has not been released by authorities.

While some details are sketchy, it appears that Prosser was heading northbound on Hall Street in a 2004 Ford Escort when his car veered into oncoming traffic and collided head-on with a 1999 Mazda.

Prosser was pronounced dead at the scene while the driver of the Mazda was taken to a local hospital for emergency treatment.

Police initially suspected slick road conditions as a potential contributing factor, but now the Post Dispatch is reporting that alcohol may have played a role. A definitive answer may not been known until the accident reconstruction report is released which could take up to three months.

Icy road conditions can contribute to accidents, but are typically not a defense in a personal injury lawsuit as drivers should be aware of the conditions and drive accordingly. Should alcohol have been involved, that is a clearer sign of negligence, but until the full accident report is released it remains to be seen whether that was the case in this St. Louis area car accident.

December 28, 2009

Chain reaction crash injures three on I-55

Three people were hospitalized after a four-car Missouri injury accident on Interstate 55 in Pemiscot County, according to the Missouri State Highway Patrol.

The initial accident report describes the accident as a chain of rear end collisions as several cars were stopped due to traffic. Megan Fielder, 25, was driving her 2007 Buick southbound and was unable to stop before slamming into the back of the line of cars. The force of the collision pushed one car into another and, in all, four cars were involved.

In the third car was Robin Roberts, 25, and three members of her family. Rhonda Roberts, 26, Rheyna Roberts, 3, and Riley Roberts, 4, were all injured and taken to the hospital for treatment. According to the investigating officer, no one else in the other vehicles sustained serious injury.

The description of this Missouri car crash did not say why Fielder was unable to stop before hitting the line of cars. The roads may have been slick or she simply could have been inattentive and not seen the backup in front of her. Initial crash reports are, as their name suggests, just the initial opinion of the investigating officer. Further investigation may reveal another reason Fielder was unable to stop.

Unless another explanation is found, however, this case may fall under the rear-end collision doctrine which states that negligence is assumed on the part of the at-fault driver in rear end collision cases. That does not necessarily mean the case will be cut and dry so the injured parties might benefit from contacting a Missouri car accident lawyer to discuss their rights.

December 26, 2009

Missouri's personal injury damage cap to be challenged

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Arguments for lifting Missouri's noneconomic damage cap based on they claim it may be unconstitutional will be heard early in 2010. Currently, there is a $350,000 award limit in medical liability cases.

This challenge to the current system, put in place through a tort reform movement in 2005, comes on the heels of large medical malpractice verdict from 2008. In that case, James Klotz received a $1 million dollar jury verdict after complications from an operation to insert a pacemaker. His pacemaker became infected and he had to suffer through brain hemorrhages and the amputation of his right leg. His wife also had to quit her job in order to care for him. Due to the noneconomic damage cap on Missouri medical malpractice lawsuits, however, the amount of money Klotz would actually receive will be far less should the cap not be lifted.

Those in support of tort reform due so largely on the assumption that limiting damage awards will lower costs for doctors and insurance companies who will then pass the savings on to the consumer. Since the 2005 tort reforms in Missouri, though, these assumptions have only been proven half true. Some doctors claim their malpractice insurance premiums have dropped by as much as 25 percent and the average malpractice award has dropped overall. These changes have not benefited the average person, though, as health care costs for the consumer have continued to rise unchecked.

So unless the damage caps are eliminated, we will continue to have a system where awards are arbitrarily limited in order to save money for hospitals and insurance companies while the average person receives no financial benefit. Additionally, those like Mr. Klotz who are unfortunate enough to suffer a personal injury due to a medical error will not be protected and not receive the full compensation determined by a jury.

Similar results have also been seen in other tort reform states like Texas. The financial benefits promised by tort reformers are simply not there while legitimately suffering people are left without full compensation. It's time to let Missouri personal injury lawyers and the civil court system go back to doing their job of holding negligent medical institutions accountable.

December 20, 2009

Missouri crash injures five in Jefferson County

Five people were hospitalized Sunday after a two-car Missouri injury accident on Route W in Jefferson County, according to investigating officers of the Missouri State Highway Patrol.

The accident took place just after 10 a.m. when Leonard Gaither, 61, lost control of his 1994 Ford Ranger as he tried to negotiate a curve. His vehicle crossed into oncoming traffic where it crashed head-on into a 2008 Chevrolet Silverado, driven by Clifford Ladenberger, 38. The initial crash report did not specify why Gaither failed to negotiate the curve or how fast he was traveling at the time.

Gaither was injured and taken to St. Anthony's for treatment. Clifford Ladenberger and three others in his car, Skylar Ladenberger, 2, Lisa Bircher, 30, and Ryan Bircher, 11, were all taken to St. John's Medical Center for medical care.

All involved were wearing a seat belt.

Some details still need to be examined about this wreck. Investigators will need to determine what caused Gaither to cross into oncoming traffic. It could have been inattentiveness, speeding or perhaps a problem with his car or another reckless driver. Once all the details are known, the insurance companies will get involved to start the claims process. Before talking to an insurance representative, it wouldn't be a bad idea for the injured parties to contact a St. Louis personal injury lawyer to discuss their rights as accident victims.

December 18, 2009

Harley Davidson issues recall due to fuel leak concerns

Harley-Davidson Inc. has issued a recall for more than 100,000 motorcycles manufactured in the last year because the danger of leaking gasoline after a motorcycle crash.

Specifically, the recall affects bikes manufactured from June 6, 2008 to November 19, 2009, including some touring models.

The problem occurs in front-end motorcycle accidents when stress is placed on the fuel tank. There is a chance that the fuel tank could rupture in this scenario, which could leak gas and ignite causing serious personal injury to the rider.

According to Harley-Davidson Inc., they are not aware of any incidents related to this problem, but issued the the recall voluntarily once the problem was discovered. As part of the recall, customers can have their bikes modified with braces on the gas tank to prevent the leaks.

Contact Harley-Davidson for more information.

December 16, 2009

1 killed and 7 injured in Missouri van crash

A terrible collision between a van and another vehicle killed one person Wednesday evening in Callaway County, Missouri and left seven others injured, according to the Missouri State Highway Patrol.

This fatal Missouri van accident happened at the intersection of Highway 54 and Route T at around 7:40 p.m. A 1991 Ford van, driven by Fredtonya Rodgers, 41, was traveling on Highway 54 at the time of the crash. As the van approached the intersection with Route T, a 1997 Dodge attempted to cross the highway and struck the van on the driver's side. The force from the side impact collision sent the van off the road where it overturned.

One passenger in the van, Michelle Lee, 38, was killed when she was ejected from the van after it overturned. Rodgers was seriously injured and taken to University Hospital in Columbia, Missouri. Four others in the van were seriously injured including Martha Krampe, 39; Jamie Jaegers, 30; Cynthia Hopkins, 51; and Martha Gardener, 64. The two people in the Dodge, Tyler Wilson, 20, and Danielle Hosenfelt, 16, were also injured, though their injuries were not life threatening.

Several of the people involved in the accident, including Lee, were not wearing a seat belt at the time of the crash.

My condolences go out to the family of the deceased and hopefully the people that sustained injuries will make a full recovery.

Even if a full recovery is made, the medical bills from a serious injury accident like this will likely be extraordinarily high. Under Missouri law, the bills arising from an accident must be paid by the at-fault driver's insurance. More investigation into this accident is needed to determine liability, but if Wilson, the driver of the Dodge, is found to be at fault, there might be an issue with the insurance claim. On the initial report, Wilson's insurance was listed as 'unknown', which may mean he was driving without insurance. If this is the case, the injured party may be able to make a claim on their own uninsured motorist coverage.

Sometimes a defendant may invoke the seat belt defense in cases like these to reduce the amount of damages that must be paid to the inured party. The seat belt defense is a form of comparative negligence that says the injured party could have prevented some of the injury had they been wearing a seat belt. Some states allow for this defense while others explicitly restrict it. Anybody that is interested in learning more should contact a personal injury attorney to learn their legal rights.

December 14, 2009

Hit and run accident causes injury in St. Charles County, Missouri

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.

December 12, 2009

Missouri crash injures two small children

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.

December 10, 2009

Another Missouri railroad crossing accident claims three lives

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.

December 8, 2009

Two car Missouri crash injures three in West Plains

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.

December 6, 2009

Texting ban gains momentum in Missouri

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The writing has been on the wall for some time and it now seems more likely than ever that Missouri will see some sort of comprehensive texting while driving ban to prevent Missouri car accidents.

At least three bills will be filed and up for debate in the early 2010 legislative sessions. Some media reports suggest that up to five or more bills will be filed before all is said and done.

The high number of bills tackling the subject speaks to the complicated nature of trying to regulate this fairly new technological distraction. It's easy to say that texting while driving is dangerous and should not be allowed, but the details of such a ban will be the main point of debate. For instance, should drivers only be banned from typing texts, but be allowed to read them? Will the ban be for all roads or just highways? What about devices like the iPhone, which are capable of sending and receiving texts as well as playing music through a car's speakers?

Currently, Missouri has a ban on sending and receiving texts for drivers under 21 while they are behind the wheel. Since that ban took effect in August, the Highway Patrol has issued eight citations, according to a KRCG report.

Whatever plan eventually comes out on top, hopefully it will do something to curb the number of Missouri car and truck crashes caused by distracted drivers. Studies show that drivers are 23 times more likely to be involved in an accident if they are attempting to text while driving. Four out of five crashes caused by driver error are the result of distracted driving.

December 4, 2009

Missouri railroad crossing crash kills driver and injures passenger

A fatal Missouri railroad accident has claimed the life of Kristy Willis, 33, and seriously injured injured her daughter, Kelsey Turner, 8.

The crash occurred at 3:35 p.m. Friday afternoon on Greenbriar Drive near Highway 60 in Seymour, Missouri. According to local media reports and the Missouri State Highway Patrol, Willis was driving a pickup truck with three children, including Turner, as passengers. The truck attempted to cross the railroad tracks when a train, initially unseen by Willis, slammed into the side of the vehicle.

Willis was killed by the crash. Turner, who was riding up front in the truck, was seriously injured and taken by helicopter to St. John's Hospital. The two other passengers, Tiffany Bowden, 15, and Carl Bowden, 16, were riding in the truck's bed and were able to leap to safety moments before the crash.

Witnesses say that Willis had gone to pick up the children from the bus stop. There are also witness reports that say the train failed to blow a whistle or sound any sort of warning horn as it approached the crossing.

While drivers need to exercise extreme caution when approaching a railroad crossing, the burden of safety does not fall squarely on their shoulders. The tracks and crossing should be be free of obstructions so drivers can clearly see if it is safe to cross. Not every crossing has automatic warning bells, so conductors should also sound the onboard horn to warn motorists. This appears to be something that didn't occur in the Seymour crash. If any negligence on the part of the locomotive company is suspected, the incident should be investigated by a Missouri train accident attorney to help ensure that similar accidents don't take place in the future.

December 1, 2009

Warsaw, Missouri woman seriously injured in crash

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.

November 29, 2009

Male teenage drivers more likely to be involved in Missouri car crashes

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Studies published by federal agencies show that men are more likely to be involved in deadly car accidents than women, especially during their teenage years, according to a NPR report. Teenage boys are twice as likely to be in a fatal crash and more likely to participate in risky driving such as speeding.

According to the report, 6,000 15 to 20-year-olds were involved in a fatal car accident nationwide, with the majority being male.

Here in Missouri, the statistics mirror the national averages with male drivers being in more accidents, particularly our many rural roads.

Other studies cited in the report show that the discrepancy between men and women continues among older demographics. Male drivers are more likely to be in a fatal collision until the age of 60, which is when the rate for female drivers finally equals the male rate.

Some researchers claim the differences are the result of aggressive driving patterns caused by testosterone. Men are also more prone to drinking and driving.

To lower the number of youth driving deaths, many states, including Missouri, have gone to a graduated license systems which restricts younger drivers from full privileges until they mature while still allowing them to learn behind the wheel. Parents are being held responsible as well. In some cases where a minor causes a fatal accident, a personal injury lawyer’s investigation will discover evidence that the parents knowingly allowed the minor to driver outside of the graduated license restrictions or under the influence of alcohol.

November 27, 2009

Multi-collision Missouri accident injures five

Five people were hospitalized Friday, two with serious injuries, after a series of collisions on I-55 in Jefferson County south of St. Louis.

The St. Louis area injury accident occurred when Jolene Hancock, 31, pulled her 2009 Toyota Tundra to the shoulder of southbound I-55, according to a Missouri State Highway Patrol crash report. While Hancock’s vehicle was on the side of the road, a southbound 2007 Hyundai Elantra, driven by Melina Clark, 16, traveled off the side of the road and crashed into the back of the parked Toyota.

The force of the impact pushed Hancock’s car back into the highway where it was struck by a tractor trailer, driven by Roger McIrvin, 54. The tractor trailer immediately pulled over to the shoulder, but Hancock’s car stayed on the highway where it sustained a third collision, this time from a 1993 Ford Explorer driven by Joshua Cheli, 30.

Jolene Hancock and two passengers in her car, Christopher Hancock, 34, and Tristan Hancock, 10, were taken to Jefferson Regional Medical Center. Jolene sustained the most serious injuries of the three.

Clark was taken by ambulance to St. Anthony’s Medical Center with moderate injuries. Cheli was also transported to St. Anthony’s with serious injuries.

McIrvin, the tractor trailer driver, was uninjured.

This Missouri rear end collision car accident is very complicated with multiple collisions that may take much more investigation to determine liability. The initial accident report doesn’t say why Hancock was on the shoulder of the road or what caused Clark to suddenly veer off the highway. Both are important factors that should be investigated by authorities and possibly a St. Louis area personal injury attorney.

November 25, 2009

Hit and run accident injures four in Missouri

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.

November 23, 2009

Study shows crime may be linked to fatal car accidents

A University of Michigan study has found a correlation between the number of homicides and the number of fatal car accidents in a state. This study comes right on the heels of a yearly survey of crime rates that has St. Louis ranked as the 2nd most dangerous city in the United States.

The researchers behind the Michigan study looked at data from the top states in traffic fatalities and compared several different factors. Among the factors was proportion of male drivers, proportion of older drivers, income and several others. The strongest correlation and best predictor of a high rate of traffic fatalities, though, is a high rate of homicides.

A representative of the researchers says a link could be made to aggression. High homicide rates reflect highly aggressive areas with more aggressive drivers.

So where does Missouri fit in and does the crime rate reflect the number of fatal Missouri car accidents? Well, the NHTSA has the Missouri traffic fatality rate at 1.4 deaths per 100 million miles traveled. That is a little above the 1.27 national rate. Government crime data shows the state's homicide rate is 6.3 per 100,000 people, which is also slightly above the national average of 5.7. On the surface, the Missouri statistics seem to fall in line with the Michigan study.

Further proof can be found in Louisiana, a state with one of the top rates in both homicides and deadly car and truck accidents.

Not every state follows the trend, however. Montana has the highest traffic fatality rate, yet it also has one of the lower homicide rates.

This study may turn out to be more of a case of loose correlation not equaling causation, but any attempt to determine and eliminate the cause of tragic car accidents is a noble one. As technology evolves and more accidents are investigated by crash experts, car accident attorneys, and policy makers, we may be able to come up with solutions to the traffic fatality problem. In fact, the national rate of traffic deaths nationwide for 2008 was the lowest it's been in more than 40 years.

November 21, 2009

Holiday traveling turns tragic for some

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Thanksgiving is a time for being with family and friends and this often means lots of traveling. In fact, 33 million Americans will travel at least 50 miles by car to see their loved ones, according to a NPR report. This extra traffic will be accompanied by a tragic increase in the number of car accident deaths and injuries.

According to the National Highway Traffic Safety Administration, 400 people were killed in car and truck accidents last year over the four-day Thanksgiving weekend. Many more were injured.

These facts should not scare anybody from their holiday plans. The vast majority of people embarking on a Thanksgiving trip will arrive safely and without incident. What these numbers should do is cause drivers to pause and examine their driving habits. Safe driving practices can dramatically reduce your chances of being involved in an accident.

Depending on which demographic group you look at and your definition of driver error, 70 to 95 percent of all car accidents are caused by a driver error. This means that 70 to 95 percent of accidents are preventable and can be eliminated if drivers were simply more aware of their unsafe habits. Negligence behind the wheel such as excessive speeding, overly aggressive driving and being distracted by portable electronic devices are major causes of these preventable accidents.

If someone is injured by another driver's negligence, the at-fault driver's insurance is required to pay for the damages caused to the injured party. This procedure may sound simple enough, but often it is more complicated. Negligence or fault may be hard to determine or both drivers may share a portion of liability for the accident. Insurance companies may also look for ways to avoid paying for an accident. Other times the at-fault driver's insurance may not be enough to cover the medical bills after a serious accident or the driver may have no insurance at all. All of these potential complications are good reasons to consult a car accident attorney after an accident.

November 19, 2009

Missouri car accident on Highway 94 sends four to hospital

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.

November 17, 2009

Missouri car accident injures two in Clay County

Frances Lewis, 49, and Anita Janssen, 41, were injured in a two-car Missouri injury accident at 11 a.m. Monday morning.

The investigating officer described the accident as a rear-end collision. Lewis was traveling northbound on I-35 in a 1985 Mercury and Anita Janssen was riding with Robert Janssen, 43, in a 2007 Ford. Lewis had to stop in the middle of the roadway and Robert Janssen was unable to avoid slamming into the back of Lewis' car.

Lewis' injuries were described as serious and he was rushed to a local hospital for emergency treatment. Anita Janssen suffered only minor injury and was able to find private transportation to the hospital. Robert Janssen was uninjured, according to the initial crash report.

Lewis was driving without insurance.

An investigation is ongoing and charges are pending.

Typically rear end collision cases assign negligence to the at-fault driver, but the investigation must confirm that there were no extenuating circumstances. Once the investigation is complete and the charges are filed, a Missouri car accident lawyer will be able to take that information and help the injured party recover damages to pay for medical bills and other expenses.

November 15, 2009

Missouri construction site accident kills one man and injures another

A Missouri construction accident killed Ryan Goodman, 35, and injured Shane Wagener, 30, last week, temporarily bringing a halt to construction on the new Kauffman Center for the Performing Arts in Kansas City.

According to officials cited in the Kansas City Star, a portable boom lift with a basket designed to raise workers up to 100 feet in the air fell over while the two men were inside. The basket was extended to around 50 feet while the men were placing beams on the new building before it fell. Both men fell away from the basket as the equipment tipped over.

Goodman and Wagener were both taken to local hospitals. Goodman died at the hospital while Wagener suffered serious injuries and is still being treated.

Crews removed the lift from the accident site yesterday, but investigators from the Occupational Safety and Health Administration are continuing to investigate the cause of this tragic accident.

The site, operated by J.E. Dunn Construction Co., has not had any injuries or serious incidents in the past. The men were employed by Midwest Steel.

These types of crane accidents kill more than 80 workers every year, according to data from OSHA. We reported on a similar St. Louis construction site accident earlier this year.

The big question in all construction site injury accidents is whether they could have been prevented. If certain safety procedures had been followed or if faulty machinery had been inspected, would the accident have occurred?

It may take months of investigation, but the answer will be revealed if the best experts are called in to investigate. Experienced construction accident lawyers will have the connections and knowledge to determine if negligence caused the needless death of a worker.

November 13, 2009

Missouri crash kills one and injures three in Barry County

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.

November 9, 2009

Missouri man killed while riding tractor

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.

November 7, 2009

Missouri car accident kills two

A serious and tragic Missouri car accident claimed the lives of two Missourians late Saturday evening on Missouri 32 near Lebanon.

The accident occurred when Kaleb Barber, 16, fell asleep at the wheel of a 2001 Chevrolet Blazer, according to the investigating officer from the Missouri State Highway Patrol. His vehicle drifted over the center line and struck a 1996 Mercury Cougar head-on. Riding in the Cougar was Kenneth Kimrey, 51, and Patricia Kimrey, 72.

Both Kenneth and Patricia were pronounced dead at the scene and taken to a local funeral home. Barber was seriously injured and flown to St. John's Hospital for treatment.

All of the people involved in this fatal Missouri car wreck were wearing a seatbelt.

If the initial crash report is correct and Barber did indeed fall asleep at the wheel, that is a very serious sign of negligence as a driver. The initial crash report by itself is only considered hearsay, though, so further investigation into this accident, including a crash reconstruction, will determine exactly how this accident occurred.

From a Missouri personal injury lawyer's perspective, this crash is also complicated by the fact that Barber is a minor. In some cases, the parents of a minor who causes an accident may be held liable. More information must be gathered before this determination can be made.

November 6, 2009

NHTSA suggests that case is not closed on Toyota rapid acceleration issue

More information has come to light regarding a story we've been following involving possibly unsafe Toyota vehicles.

Federal regulators from the National Highway Traffic Safety Administration have issued a statement that certain Toyota and Lexus vehicles may have defects in their design that can lead to uncontrollable acceleration.

Toyota had previously issued a statement in response to a fatal August 28th accident that the driver side floor mats in some Toyota and Lexus vehicles can cause the gas pedal to get stuck if they aren't installed properly. This appeared to be the case in the fatal car accident in San Diego that killed four people when a mat designed for an SUV was accidentally installed in a smaller Lexus sedan. The Toyota statement seemed to imply that the floor mats were the only concern and that no other design flaws are present.

This may not be the case, according to the NHTSA, and some Toyota and Lexus vehicles may have other problems with the accelerator mechanism and the design of the foot well itself.

The problem, of course, is owners of these vehicles may have been mislead by Toyota's statement and believe that by simply removing the floor mat in their vehicle, they will be immune to this acceleration problem. In fact, they may still be driving a car that could suddenly speed out of control due to some other factors.

Toyota spokesmen continue to say that the improperly installed floor mats are the only known cause of the problem with no evidence being yet found to support the theories that other design defects exist.

The NHTSA is continuing to investigate the matter.

If you believe that you or a family member have been the victim of a dangerous vehicle defect, it is in your best interest to contact a product liability attorney as soon as possible.

November 3, 2009

Governor calls summit to discuss Missouri DWI problem

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Governor Jay Nixon assembled a panel of 34 officials, including police, lawyers and politicians, to discuss the problem of drunken driving in the state of Missouri. The summit is in response to the large number of fatal Missouri car accidents caused by drunken drivers and a recent St. Louis Post Dispatch report exposing numerous loopholes allowing dangerous drivers back on the road.

One common problem is that repeat offenders were not charged as such. Despite having a three-strikes law in Missouri, numerous repeat offenders who should be charged with felonies are set free with misdemeanors or less. The Post Dispatch reports this happens about half the time in St. Louis County.

Officials on the panel said that law enforcement needs to have a better way of tracking these repeat offenders so they can be punished to the fullest extent of the law.

Another problem discussed at the meeting was the issue of refusing a blood alcohol test. Under current Missouri law, if you refuse a blood alcohol test, you are supposed to automatically lose your license for a year. This is often not the case, though, as thousands of drivers were allowed to stay on the road after refusing the test due to various loopholes and appeals.

A suggested solution to this problem was to make refusing a blood alcohol test a crime punishable by more severe penalties than just losing your license. Several other states have adopted a similar law. This law would only reduce Missouri car accidents if it was more strictly enforced, though, and the loopholes that existed for the loss of license rule don't carry over to the criminal charges.

Missouri annually ranks among in the top third of states for most alcohol-related fatalities. With hundreds of drunk driving deaths every year, we often outpace similarly populated states.

If you have lost someone to a drunken driving accident or have been injured yourself, contact a Missouri personal injury lawyer to discuss your case.

November 1, 2009

Police in Alton, Illinois forced to kill aggressive pit bull

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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.

October 30, 2009

Fatal Missouri car accident in Franklin County

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.

October 25, 2009

Missouri couple hospitalized after I-55 wreck

Brad and Rita Weber, of Perryville, Missouri, were both injured and hospitalized Sunday evening in a Missouri highway car accident.

According to the initial crash report filed by the investigating officer, the accident took place on Interstate 55 in Perry County. The Webers were traveling northbound in a 2005 Buick Rendezvous. Behind them was a 2005 Mercury Grand Marquis driven by Betty Taggart, 64. Taggart attempted to pass the first car when Rita Weber, who was driving, changed lanes in front of her. The front of Taggart's car hit the rear of Weber's and this sent both vehicles out of control. They eventually both ended up in the center median.

Brad Weber was seriously injured and flown to St. Francis Medical Center. Rita Weber was also injured and taken by ambulance to the same hospital. No injury information was given for Taggart.

From the details given in the initial report, it is hard to tell who was at fault for this Missouri injury accident. If Weber merged into Taggart, she could be considered responsible, while Taggart might be considered to blame if she rear-ended Weber's car. Most times negligence is assumed on the part of the at-fault driver in rear end collision cases.

More investigation into this case is necessary before liability can be determined. In cases like these, it is helpful to seek consultation from an experienced Missouri personal injury attorney who can offer you advice on how to proceed with handling your case.

October 21, 2009

Taser manufacturer warns against shooting at chest

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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.

October 19, 2009

Man attempting to pass involved in serious car accident

Pedro Arriola, 34, was injured along with two others in a Missouri car accident on Highway 6 near Novinger, Missouri.

According to authorities responding to the crash, Arriola was traveling eastbound in a 2001 Oldsmobile when he attempted to pass another car on the road. As he did so, he crossed into the path of a 1995 Plymouth, driven by Lorrie Whittaker, 45. The two cars collided nearly head-on. The third car that Arriola was trying to pass was not hit in the collision.

Whittaker was seriously injured and taken to Northeast Regional Medical Center. A passenger riding with Arriola, Walter Hernandez, 14, was also seriously injured and was flown to University Hospital in Columbia, Missouri. Arriola suffered only minor injuries and is seeking his own medial treatment.

It is legal to pass on many of Missouri’s roads, particularly the more rural routes. All drivers must be conscious of their surroundings before they do, however, or accidents like this will continue to happen. Use the lines on the road as a guide. If there is a broken or dashed line, it is an appropriate place to pass if there is no oncoming traffic. If the line is solid, the road does not provide enough visibility to pass at that spot.

If you are injured in a Missouri car wreck due to someone else’s negligence, you have the right to consult a Missouri car accident attorney and pursue damages to relieve your medical bills. The insurance of the at-fault driver should cover you, but things are not always so simple and the insurance company may make a move to try and deny you the money you are owed.

October 17, 2009

Hit-and-run accident kills woman in St. Louis

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.

October 15, 2009

Man driving wrong way on road injures four in Missouri crash

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.

October 13, 2009

Three injured after Missouri man runs red light

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.

October 8, 2009

Three injured in Jefferson County, Missouri car wreck

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.

October 6, 2009

More dangerous roadways in Missouri

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.

October 5, 2009

Dangerous intersections in Missouri

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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.

October 3, 2009

Five injured in St. Charles County car accident

Five people were hospitalized Saturday evening after a Missouri injury accident on the north outer road of Highway 40 just west of Highway 94 in St. Charles.

According to the investigating officer of the Missouri State Highway Patrol, Katherine Tate, 30, entered the outer road heading into oncoming traffic. She was traveling eastbound in the westbound lane in her 2001 Volvo. At the same time, a 2007 Chevrolet Impala, driven by Robert Hill, 78, was entering the westbound lanes of the outer road from Highway 40. Hill was unable to avoid Tate’s car and the two vehicles crashed head-on.

Tate was flown to Barnes Hospital in St. Charles for emergency treatment. Hill and three others in his car, Deborah Hill, 77; Rebecca Koch, 32; and James Vanvelzer, 33; were taken to St. John’s Mercy in Creve Coeur.

The Highway Patrol report does not indicate why Tate was heading into oncoming traffic or if there were extenuating circumstances that forced her there.

If further investigation reveals that Tate was driving negligently, Hill and the other injured parties may be able to consult a Missouri car accident lawyer to help recover damages that can pay for medical bills, lost wages, and other expenses.

September 27, 2009

Missouri motorcyclist killed in Highway 52 crash

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.

September 25, 2009

Myths about Medical Malpractice

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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.

September 20, 2009

Mechanical failure causes serious car accident in Columbia, Missouri

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.

September 15, 2009

Wrongful Death

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.

September 13, 2009

Missouri woman facing life-threatening injuries after accident

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.

September 10, 2009

Obama suggests tort reform as a compromise in health care battle

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President Obama’s highly anticipated speech on health care ended with some comments on tort reform, a highly debated topic in the legal and medical professions.

The president indicated that malpractice reform may be a way to cut rising health care costs and that doctors could focus on medicine if the spectre of a medical malpractice lawsuit wasn’t looming over them. President Obama did not offer any specifics on how he thought this reform should look, but said he is open to the idea and will suggest different reforms be tested in individual states.

Let’s hope that health care reform doesn’t come at the cost of patient’s rights. Medical malpractice lawsuits are designed to help innocent patients recover from disastrous medical errors and punish the most negligent hospitals and doctors. Tort reform supporters often suggest caps on damages despite the fact that some patients who are legitimately in need of care after a doctor’s mistake will not receive the money they need for recovery. Damage caps would also remove the punitive sting from these lawsuits and the deterrence factor for negligent hospitals would be lost.

These types of suits have been smeared by supporters of tort reform as being frivolous and a major reason health care costs are so high. Both of these statements are untrue or exaggerated. There are already laws on the books to limit frivolous lawsuits and only the more egregious medical errors result in malpractice suits. On the issue of costs, malpractice lawsuits and the insurance that doctors carry to protect themselves from it only amounts to about 1% of health care costs.

Opponents of tort reform and personal injury lawyers will point to another statistic: the number of deaths each year as a result of a preventable medical error. While the definition of a preventable medical error is debated and somewhat ambiguous in these studies, conservative estimates have the number of malpractice deaths at 98,000 annually. Some studies, though, have that number closer to 150,000.

The vast majority of doctors do great work for their patients, but this does not change the fact that there is the occasional case of gross negligence. Patients in these cases have the right to recover damages that will take care of their resulting medical bills.

September 7, 2009

Two seriously injured in Jefferson County accident

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.

September 4, 2009

Four injured in car accident near Fredericktown, Missouri

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.

September 1, 2009

DVD player recalled due to risk of fire

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The U.S. Consumer Product Safety Commission and Wal-Mart have announced a recall for their discount Durabrand DVD player line after concerns of potential fire or explosion arose.

While no personal injury or product liability suits have been filed, there have been numerous reports of the DVD player overheating and, in some instances, starting a fire. In at least seven cases there was some reported property damage due to a fire caused by the player. Thankfully, though, no one has been hurt.

No indication of what the total amount of property damage has been since these DVD players first came on the market in 2006, according to an AP report.

This is actually not even the first recall involving this particular Durabrand DVD player. A couple weeks ago, the silver design model was recalled by the CPSC. Today’s announcement expands the recall to cover the pink and purple colored models as well.

Here are the serial numbers to look for on your product:
-UPC 1799901002, model number 1002
-UPC 1799934100, model number 1002 PINK
-UPC 1799932100, model number 1002 PUR

If you have one of these players, don’t risk a potentially serious burn or personal injury by continuing to use the device. Unplug it immediately and contact Wal-Mart for a full refund.

August 30, 2009

Two dump trucks collide in Randolph County, Missouri

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.

August 28, 2009

New texting ban takes effect

A new law banning texting while driving will take effect today in Missouri. The law states that nobody under the age of 21 can send, receive or read a text message while they drive.

This law is aimed at preventing serious injury accidents caused by inattentiveness. A large number of car wrecks are caused by drivers simply not paying attention to the road. One of the most infamous incidents in the St. Louis area over the last couple years took place last summer when a tractor trailer driver plowed through a line of cars while allegedly reaching for his cell phone. This tragic incident killed three people and injured 15. Charges were filed earlier this year in relation to that crash.

This new law would not have affected that incident as the driver was over 21. While several other states have bans or partial bans on cell phone use or texting, only Missouri is restricting use by a particular age group.

The fine for violating this law is set at $200.

August 25, 2009

Randolph County accident sends two to the hospital

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.

August 23, 2009

Weight lifting personal injuries and product liability cases

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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.

August 22, 2009

Missouri woman killed when pickup hits car

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.

August 19, 2009

Things to look for in a personal injury attorney

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.