Missouri Accident Lawyer Blog

A third victim of Tuesday’s Highway 40 tractor-trailer crash has died as more details emerge from the investigation.

According to authorities, Alvin Mast, 88, died Thursday at St. John’s Mercy Hospital. Two others, Lydia Miller, 55, and Charles Cason, 55, were killed instantly in the Missouri crash.

The St. Louis Post Dispatch reports that prosecutors have not yet filed criminal charges on the truck driver, Jeffrey Knight, 49, and will wait for the results of the crash investigation, which could take another week to complete.

According to the Missouri Highway Patrol, Knight plowed his tractor-trailer through traffic waiting at the ramp from Highway 40 to I-270. No evidence of drugs or alcohol was found, but authorities say Knight did take his eyes off the road just before the collision. The highway patrol has not released any more information as to what may have distracted Knight or what speed he was traveling.

We will continue to post updates as more details emerge.

If you have any questions about tractor-trailer law or personal injury law in general, visit our website or contact one of our attorneys for a free consultation.

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Posted In: Missouri Trucking Accidents , Personal Injury News

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In doing some research on some of the recent Missouri tractor trailer accidents, we came across an interesting article from the New York Times.

In the article, which was published in December of 2006, the reporter discusses the merits of adjusting trucking regulations, which was the debate at that time.

Some government officials wanted the regulations to be less strict, saying that being too hard on trucking companies and their drivers would unfairly hinder business. They wanted to increase the amount of time drivers could be behind the wheel, among other regulatory changes.

The Times reporter then uncovers some pretty startling facts about the trucking industry. He talks about how some drivers have no respect for their logbooks, which are documents that must be filled out accurately to make sure regulations are not broken. Truckers often refer to theses logs as “comic books” and will falsely record the number of hours they’ve worked. The fines for these infractions are small and many drivers get away with this practice simply because the Federal Motor Carrier Agency can’t monitor all the logs.

Many drivers also complained that they often felt pressure from their company to drive longer hours on little rest, when accidents are most common.

The report also says that statistically, the actual number of tractor-trailer crashes each year is equivalent to what would happen if the aviation industry had 25 major airline crashes annually.

If you would like to read the full article, you can find it here.

Knowing that trucking regulations are so routinely ignored, it is easy to see why there are so many Missouri truck accidents each year. If you have been involved in an accident with a tractor-trailer, the most important thing to do after exchanging information is contacting an experienced personal injury attorney.

The Bradley Law Firm has handled Missouri and Illinois trucking accidents for over 30 years. We know the laws of the trucking industry and how to uncover any negligence. Contact us today for a free consultation. Our lawyers will consult with you about your case and you’ll never receive a bill. We only get paid if we are successful on your case.

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Posted In: Missouri Personal Injury Lawyer News , Missouri Trucking Accidents , Personal Injury News

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

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

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

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

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

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents , Personal Injury News

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Updating a story that we have been following, the cause of the plane crash that killed two pilots near Kansas City has been released. The official cause of the crash was dual engine power loss.

The National Transportation Safety Board released an accident report on Thursday that outlined the details of the crash. The plane had been on training exercises and had made stops in Topeka and Lawrence before heading to a “practice area” for maneuvers. The Aero Commander then did a series of sharp turns at low altitudes when the engine power failed.

Murray Brown, 47, and James Jambor, 24, who were the pilots on board, apparently tried to land the plane in the Leavenworth County field where they crashed. The landing gear was down and the flaps were at an approach setting, but the plane hit the ground at a too severe 53-degree angle.

Both men were pronounced dead at the scene.

Posted by Ryan Bradley | Permalink | Email This Post

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

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Photo from WTXF - FOX 29 News

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Posted In: Missouri Car Accidents , Personal Injury News

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In response to a rash of Missouri boating accidents, Governor Matt Blunt signed legislation that lowers the legal blood alcohol level to .08.

The law, which goes into effect on August 28th, will make the legal limit for boaters equal to that of Missouri drivers. Previously, the limit for Missouri boaters was .10.

The law comes on the heels of numerous alcohol related accidents on Missouri waterways. The Missouri Water Patrol says alcohol was involved in all the fatal accidents on the Lake of the Ozarks in the past year.

Anyone who causes a death while boating under the influence will be charged with involuntary manslaughter, which could result in up to seven years in prison. This will also affect personal injury lawsuits as negligence in alcohol related accidents can be proved by citing blood alcohol regulation violations.

If you have been injured in a Missouri boating accident and would like a free legal consultation, contact us at The Bradley Law Firm. We have handled Missouri and Illinois boating accidents for over 30 years.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Boating Accidents , Missouri Personal Injury Lawyer News , Personal Injury News

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Missouri State Auditor Susan Montee released a report today that highlights some frightening facts. Most parents simply assume their child's bus driver is a stand up person who was thoroughly checked out by the state, right? Wrong.

A new report indicates school districts are not meeting state requirements for drug testing and criminal record checks for bus drivers. The study revealed 3 percent of all Missouri bus drivers and aides have never undergone a fingerprint criminal record check. On top of that, numerous districts failed to perform required random drug testing on many drivers. The audit consisted of 30 randomly selected school districts and three bus companies.

This is exactly the kind of oversight that leads to Missouri bus accidents.

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

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

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

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

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

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

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

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Car Accidents , Missouri Trucking Accidents , Personal Injury News

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The Missouri Court of Appeals reversed a ruling in favor of the Clay County Election Board that determined it had no responsibility for the injury of Evelyn Thomas, a Clay County resident. Thomas was injured when she slipped and fell on ice while trying to vote in a presidential primary. The initial ruling stated the election board was entitled to sovereign immunity. The court’s analysis was based on the fact that Thomas’ fall occurred outside of a 25-foot perimeter from the polling place doors. The Court of Appeals reversed and remanded this judgment saying the perimeter test was not the proper legal test for waiving sovereign immunity.

Sovereign immunity is the doctrine that a state or official of the state can’t commit legal wrong and is immune from civil suits. Its origins can be traced back to English monarchies where the kings and queens lived above the law. The rationale for following such an antiquated doctrine in modern times was that lawsuits could impact the budget of local governments and hinder their ability to function. The reality is that sovereign immunity can be abused by government officials in order to protect themselves from being sued for negligence in personal injury cases.

In Missouri, revised statutes have said sovereign immunity can be waived in certain cases, allowing a plaintiff to collect damages from the state or public entity, such as an election board. One of the exceptions to sovereign immunity is the defective condition of property.

The initial ruling in the Thomas case was sovereign immunity could not be waived because of a “bright line test” based on the distance from the polling place. A “bright line test” or “bright line rule” is used by courts to clarify ambiguity in laws that can be read multiple ways. For instance, the election board is responsible for making sure the condition of the polling place did not pose a danger to voters, but the definition of what areas constitute the polling place can be ambiguous. Is it just inside the building where the polls are? Does liability extend to the sidewalk outside, and, if so, how much of the sidewalk? The defense attempted to establish a “bright line rule” of a 25-foot perimeter from the polling place door since the injury occurred farther away and thus the election board would retain immunity. Opponents often say these types of rules are too simplistic and applying them to all situations can lead to unjust results. The Court of Appeals felt the Thomas case was one where a 25-foot “bright line rule” did not apply and the election board could exert control and possession beyond that perimeter.

Lawyers representing government entities and large corporations will use these types of rules in an effort to establish governmental immunity and deny injured people the money they need to cover their expenses. Because of the complicated nature of these rules, people suffering an injury because of government negligence need to contact an experienced personal injury attorney as soon as possible.

This case also dealt with premises liability which is an area of personal injury law that alleges dangerous property conditions led to an injury or death. Missouri law requires owners and possessors of property to maintain their premises in a reasonably safe manner. This includes keeping areas free of foreign objects, slippery substances and hidden dangers.

If you have any questions about premises liability or personal injury law, visit our “Common Questions” page or our contact page. The Bradley Law Firm has handled personal injury cases for 30 years and offers free, no obligation consultations.

Posted by Ryan Bradley | Permalink | Email This Post

Posted In: Missouri Premises Liability , Personal Injury News

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The Missouri Department of Transportation is "tooting their own horn" so to speak. The good news? Missouri wrongful deaths from cars and trucks that cross the median are down. In 2006, MODOT reported 55 deaths in crossover accidents. In 2007, the year after approximately 500 miles of cross guards were installed, the number of deaths was only 2.

Officials tabulated this data from the Missouri Highway Patrol, which keeps detailed information regarding all personal injuries and deaths from accidents on Missouri highways.

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An Ontario Canada judge sentenced former St. Louis blue Rob Ramage today for the car crash that killed Chicago Blackhawk Keith Magnuson in 2003. Justice Alexander Sosna sentenced him to four years in prison and suspended his right to drive for five years, despite the Magnuson family's plea to the judge not to do so.

In 2003, Magnuson was killed when Ramage hit another vehicle near Toronto while impaired. A jury found Ramage guilty on all five counts charged. Evidence showed Ramage was four times over the legal limit, however this was disputed by Ramage.

Last November, in a civil Missouri wrongful death lawsuit, a jury awarded the Magnuson family $9.5 million dollars for their losses in the civil suit against Ramage and National Car Rentals of Canada.

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On the heels of Missouri's Governor Matt Blunt slashing the state's Medicaid rolls for approximately 125,000 Missourians, the Missouri republican legislature and Mr. Blunt have sunk a dagger even deeper into the heart of hard working Missourians. If you owe money to a hospital or health care provider and were counting on receiving a tax refund this year, don't count on it.

Missouri House Bill 818 was enacted June 1, 2007 and became law on January 1, 2008. Suprisingly, the bill passed the House with a vote of 106-41, getting bipartisan support. It is likely this part of the bill slipped through the cracks. This new Missouri law allows health care providers to unilaterally seize an uninsured patient's tax refund to collect outstanding medical bills without advance notice to the taxpayer.

This completely ridiculous law effectively makes the state of Missouri a collection agency for hospitals and health care providers. Oh, by the way, if this happens to you, expect to pay more for the same service someone with health care insurance pays. It is common practice that all health care providers charge a reduced or discounted rate to health insurance companies for services to their insureds. However, if you are uninsured, the health care provider charges you the full non-discounted rate. That’s right, the health insurance companies pay less for the same treatment than someone with no insurance and no means to pay for health insurance pays. Isn't this ironic? Talk about gouging the middle and lower class citizens of Missouri!

This new law is codified at RSMo 143.782. However, definitions outlined in Missouri statutes 143.782 to 143.788 give meaning to this new law, or more appropriately, "scheme." Here are the definitions that give context to the statute, which appears in full below:

(1) "Court", the supreme court, court of appeals, or any circuit
court of the state;

(2) "Debt", any sum due and legally owed to any state agency which
has accrued through contract, subrogation, tort, or operation of law
regardless of whether there is an outstanding judgment for that sum,
court costs as defined in section 488.010, RSMo, fines and fees owed, or
any support obligation which is being enforced by the division of family
services on behalf of a person who is receiving support enforcement
services pursuant to section 454.425, RSMo , or any claim for unpaid
health care services which is being enforced by the department of health
and senior services on behalf of a hospital or healthcare provider under
section 143.790;

Continue reading "Missouri's New Law Takes Tax Refunds Away From Working Missourians" »

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Federal Judge Stephen Limbaugh has dismissed the lawsuit filed by Bill Haas to prevent the closure of Highway 64 in St. Louis, Missouri. Mr. Haas lawsuit alleged the Missouri Department of Transportation was in violation of federal law when it allegedly failed to investigate alternative ways to facilitate the construction without shutting down the entire highway. However, Judge Limbaugh determined Mr. Haas lacked standing and therefore dismissed the lawsuit.

Under Missouri and federal law, every plaintiff must have what is called "standing" in order to maintain a lawsuit. This includes being able to show that one has been injured from the alleged conduct. The Court found Mr. Haas failed to proffer any evidence that he would be damaged by the closure. The order stated “All plaintiff has done is assert some generalized claims of vague injury on behalf of the public at large and not himself.”

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Jeffrey McBride, a 37 year old MODOT employee from Arcadia, Missouri was tragically killed Friday in a freak accident involving a piece of machinery. According to witnesses, Mr. McBride's clothing got caught in the drive shaft of a salt spreading machine that was affixed to a MODOT dump truck. This incident occurred at a service lot near Highway 55 and MM near Barnhart, Missouri.

Mr. McBride was transported to St. Anthony's Hospital, where he was pronounced dead from his personal injuries.

In this tragic incident, Mr. McBride's family will be able to file a claim for workers compensation since he was a Missouri worker. In addition, the Missouri personal injury lawyer that helps this family should take a close look at this salt spreading device. I have handled many wrongful death claims involving product liability and this incident is very suspect. Any drive shaft or shaft that turns should have a protective shield to protect people. It is unknown whether this particular device had a protective shield or adequate warnings to warn of this danger.

In Missouri, manufacturers of products that are defective in terms of lack of warning or safety devices are held strictly liable for any and all damage their defective product causes, including personal injury or wrongful death. Strict liability means the claimant does not have to prove fault or negligence. The claimant must only prove that the incident happened and the manufacturer was responsible.

Product liability is a very complex area of law and is only handled by a very few lawyers in the St. Louis area.

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As a personal injury lawyer in St. Louis, Missouri, I always "quarterback" the plays that happen after someone has sustained a serious injury in a car, truck or motorcycle accident. I never get the opportunity to speak with people about how to prevent injury. With the winter months quickly approaching, I thought this would be a good time to remind people of a few things that might help them avoid becoming a personal injury victim this winter. Here are some suggestions I have for Missouri drivers who want to be as safe as possible.

1. Check the tires on your vehicle. All tires should have sufficient tread depth so they have good contact with the ground. Here is a good rule of thumb. Take a penny and stick it within the tread of your tire with Lincoln's head upside down. If you can Lincoln's entire head, you need new tires.

2. Make sure your windshield wiper blades are good. All too often people find themselves out in inclement weather with bad wipers. Bad wipers cannot remove all the snow, ice or water from your windshield.

3. Remember that stopping distances are severely increased when there is snow and ice on the ground. Even with ABS, put more distance between you and the car in front of you so you can compensate for this.

4. When accelerating, do so in a steady, smooth manner to avoid spinning your wheels.

5. If you have traction control, always drive with it on.

6. Make sure your headlamps work and are bright.

7. Make sure you have an emergency kit in your car so if you do find yourself in the need of medical attention, you have the basic necessary items to treat a wound.

8. When entering a turn, do so slowly.

9. Put a blanket in your trunk just in case you find yourself stuck on the road for an extended period of time in the cold.

10. Make sure your car has been serviced to handle cold weather so you don't break down.

Following these ten tips can help you avoid car troubles and car wrecks. Have a safe and happy holiday season and most importantly, drive safe!

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A common question posed by many of my Missouri personal injury clients is "How much is my personal injury case worth?" Missouri injury attorneys take many different factors into account when determining what an injury is valued at. Here are the things I try to determine when analyzing a client's claim for damages:

* How much have you incurred