September 1, 2010

Tort reform popping back up in the news

With mid-term elections on the horizon, politicians have their campaigns in full swing. While it's not quite the dominating story it was last year, healthcare reform continues to be a political lightning rod and the notion that tort reform will drastically reduce costs continues to crop up in interviews and campaign ads.

Generally when the words tort reform are used, it is in reference to capping the damages that can be awarded from a medical malpractice case. The reasoning, according to tort reform supporters, is that frivolous lawsuits and malpractice insurance premiums are driving up the cost of healthcare. If there was a cap on damages, they say, the malpractice insurance premiums would go down and the cost of healthcare for the average person would go down.

The fact of the matter is that malpractice costs make up only 2% of the total cost of healthcare in the United States. Even the most aggressive tort reform proposals would stand to save very little money overall. In fact, in states where damages for injuries caused by medical errors are limited, there hasn't been a dramatic drop in healthcare cost for the average person. Sure, malpractice insurance premiums for doctors and hospitals fall in some cases, but they are such a small percentage of overall cost that the savings aren't passed on to the consumer.

The real tragedy is that these money saving measures can keep injury victims from getting the help they need. If payouts are reduced arbitrarily, it becomes financially impractical for personal injury attorneys to take on certain cases, even if the claims are meritorious. These victims are then left without legal representation and can't get the help they need to recover.

Another benefit of malpractice lawsuits is that they hold negligent doctors accountable for their errors. Most doctors do wonderful work most of the time, but mistakes are made and some doctors have a pattern of negligent practices. Actually, the majority of malpractice cases are brought against a small percentage of doctors. There are also cases where the negligence is so great that punitive damages above and beyond the economic cost of the errors is the only way to properly hold those responsible accountable. These are the types of cases where a foreign object is left in a person's body after surgery or disease is spread because a clinic didn't dispose of syringes after they were used in order to save money.

Tort reform advocates like to say they are trying to lower costs, but if they restrict the ability of malpractice lawsuits to hold negligent healthcare providers accountable, there's a great chance that we will only see an increase in the number of medical errors. 98,000 people already die each year as the result of medical error, making it the sixth highest preventable cause of death in the country. That's the cost we can't afford.

August 22, 2010

Massive 22-vehicle crash injures 9

Rain soaked roads and a hydroplaning car are being blamed for triggering a chain reaction Missouri car accident on I-70 in Columbia that ultimately involved 22 separate vehicles and sent nine people to the hospital.

Many of the details are not yet available as investigators are still trying to determine the exact sequence of events. An injury accident of this size with so many collisions could take weeks of investigation before all the facts are known, but the Columbia Police Department has issued a statement with their preliminary findings.

According to the CPD, the pileup began in the westbound lanes when a Pontiac Grand Prix began to hydroplane and spin out of control. The Grand Prix hit a guardrail before returning to the roadway where it was hit by a Dodge truck. As other cars slowed to avoid the accident, a tractor-trailer hit a stopped car setting off another chain reaction of collisions.

Nine people were taken to the hospital and three of them were described as having serious injuries.

While the rainy conditions seemed to play a role in this Columbia injury accident, weather is not seen as a legal defense in crashes like these. Drivers still must be in control of their vehicles regardless of wet or icy conditions just like they are responsible for their cars when the weather is nice.

When dangerous driving conditions arise, there are several simple steps to take that can greatly reduce your risk of being involved in an accident. Make sure your headlights and wipers are in good working condition at all times and use them when it starts to rain. Being able to see the road ahead and making sure other drivers can see you is an important factor in these situations. Also, give plenty of extra space between your car and the vehicles ahead of you. So often these chain reaction crashes are the result of drivers following too closely, especially on slick roads. Finally, if you don't feel comfortable driving in the current conditions, pull over at the next exit. It's not worth putting yourself or others in danger when you can wait 20 minutes for the worst part of a storm to blow over.

Even if you are a responsible behind the wheel, that doesn't mean you are completely safe from other negligent drivers. If you have been the victim of injury due to someone else's negligence, it is in your best interest to contact a Missouri personal injury lawyer to make sure your rights as an accident victim are protected.

August 10, 2010

Missouri man killed in railroad crossing accident

John Norris, 79, was killed in a Missouri railroad crossing accident when he attempted to cross tracks in Saline County on Tuesday morning.

According to the Missouri State Highway Patrol, Norris was driving a 2006 Dodge and approached the marked crossing on English Street shortly after 11:00 a.m. The investigating officer said the lights and bells at the crossing were working at the time of the crash, but Norris failed to stop and his car was hit by the train.

Norris was pronounced dead at the scene. The train, which was a single engine GP40 locomotive from KC Southern, sustained only minor damage and was later driven from the scene.

While the initial accident report described the lights and bells as working, it is not known whether the train conductor sounded his horn as he approached the crossing.

Missouri is one of the ten most dangerous states for railroad crossing accidents, according to fatality rates. A recent report found that the state has more than 2,000 dangerous crossings that are unguarded with no lights or warning signals.

Even crossings with lights and crossing guards have been known to produce accidents. Malfunctions with the automatic warning systems and signage that is obscured by overgrown trees can leave even the most attentive motorist unaware of an approaching train. Once a car crosses into the path of a train, there is little a conductor can do to slow down as a fully loaded freight train can take up to a mile to come to a full stop once brakes are applied.

If you have questions about a railroad crossing accident claim, it is important to consult an experienced Missouri personal injury attorney who has a background with such accidents.

August 5, 2010

Terrible school bus crash kills two, injures at least 50

Photo by KMOV TV
stjamesbuscrash1.jpg

A day of celebration turned into a horrific and tragic incident for students in the St. James School District who were involved in a fatal Missouri school bus accident on their way to Six Flags. Initial reports say two people have been killed, one a female student and another in a GMC pickup, and up to 50 people have sustained injuries.

The investigation is still in the very early stages, but some details have already begun to emerge. The two buses were carrying band members from John F. Hodge High School on an annual trip to Six Flags. Ahead of the buses was a Volvo tractor cab without a trailer that had slowed or stopped due to traffic caused by a construction zone. The GMC pickup collided with the back of the stopped truck. According to numerous local media sources, the driver of the first school bus, which carried all the female members of the band, was changing lanes due to a stalled vehicle and was unable to stop before hitting the pickup and truck tractor. The second bus then rear-ended the first bus, which was pushed on top of the smaller pickup.

The female student who was killed was sitting in the back of the first bus and likely sustained her fatal injuries when the second bus crashed into the first. The driver of the pickup truck was also pronounced dead at the scene.

The rest of the accident victims, including students, bus drivers and the truck driver, were treated at various local hospitals. At least one student was flown to St. Louis Children's Hospital for emergency treatment. More than 30 students were transported by charter bus to Cardinal Glennon Hospital. Others were taken by ambulance to hospitals in Washington, Creve Coeur and Fenton. Many of the injured students were fortunate to escape the wreck with relatively minor bruises and cuts and will not need to be hospitalized.

Climate Express Inc. operates the truck that was initially hit. Examining their safety profile shows the company is above average in their safety inspection ratings. The company has 118 drivers and has been involved in four injury accidents in the past two years.

Our thoughts go out to all those who were involved in this terrible accident and their families.

Officials say it could be up to two weeks before an accident reconstruction can be conducted to determine the exact sequence of events that led to this terrible accident.

From the perspective of a St. Louis personal injury attorney, there are many questions that still need to be answered. We do not know what speeds the vehicles involved were traveling at. We also don't know what caused the pickup driver to crash into the back of the Volvo truck in the initial collision. Why did not one, but two school bus drivers fail to see an accident on the road ahead in enough time to stop? How far apart were the vehicles when they were moving?

The NTSB reported they will launch an investigation concerning the probable contributing circumstances surrounding this Missouri bus crash. The NTSB made it equally clear they would not be commenting or making any conclusions concerning fault or liability. Both fault and liability are legal terms and investigators are hesitant to extend their conclusions into this arena.

The investigators request any witness to this crash immediately contact the Missouri Highway Patrol or the NTSB with any additional information. Sometimes, people are hesitant to give oral statements to investigators because they simply don't want to be involved. However, it is extremely important to overcome this hesitation and realize you have a unique opportunity to help understand how this St. Louis bus crash occurred and who is at fault. Unfortunately, neither the Missouri Highway Patrol or the NTSB have opened the door to emailed information. If you have information concerning this St. James Missouri bus accident, if you dont feel comfortable contacting the authorities, feel free to email me and I will immediately contact officials with your information.

July 27, 2010

Highway 50 wreck injures two

A near-miss at an entrance ramp eventually did result a Missouri car wreck when two vehicle crashed on Highway 50 in Cole County.

Christopher Guinther, 40, was heading eastbound on Highway 50 in a 2000 Chevrolet truck when a FedEx truck attempted to merge ahead of him. According to the initial crash report, Guinther swerved to miss the FedEx truck and ended up in the northbound lane of Route U. Theresa Loschky, 42, was driving on Route U at the time and was unable to avoid the collision with Guinther's truck.

Both Guinther and Loschky suffered serious injuries and were taken by ambulance to Capital Region Hospital for treatment. No information was listed about the FedEx truck or its driver.

More investigation will be needed to determine any liability issues around this Missouri injury accident. If the FedEx truck driver made an negligent maneuver in trying to merge, he or she could be found at least partially responsible for the damages caused. In a car wreck, you don't necessarily need to actually collide with another vehicle to be held responsible. For instance, if you run a red light causing other vehicles to swerve and miss your car, you may be liable for damage they sustain while avoiding you.

Since car accident claims can become very complicated, it is important to have good legal advice from an experienced Missouri personal injury attorney. Most offer free consultations where you can discuss your case and get advice on protecting your legal rights as an accident victim.

July 21, 2010

Missouri woman killed in car accident

Carolyn Flynn, 38, was killed and a man riding with her was injured after a Missouri car wreck on Route J in Morgan County.

The accident took place around 1:16 p.m. at the intersection of Route J and Webb Road. According to the investigating officer, Flynn was driving a 2000 Chevrolet eastbound with a man named Todd Stenzel, 47. Another vehicle, a 2010 Ford driven by William Donnelly, 67, was heading westbound toward Flynn's vehicle. For an unexplained reason, Donnelly's vehicle crossed the center line and struck Flynn's vehicle, forcing is off the side of the road where it overturned and came to a rest in a ditch.

Flynn was pronounced dead at the scene. Stenzel was taken by ambulance for emergency treatment. Donnelly was not listed as injured on the initial crash report.

Neither Flynn nor Stenzel was wearing a seat belt at the time of this deadly Missouri traffic accident.

Whenever there is a fatality in an accident like this, additional investigation is supposed to follow, including an accident reconstruction and alcohol testing for the drivers involved. Insurance companies will also get involved to determine what they will be paying out to cover damages and, many times, they will be looking to reduce the amount they owe to the injured parties. Because of all the complicated legal and financial issues involved, it benefits anyone involved in a serious accident to contact an experienced Missouri personal injury attorney to discuss you rights as an accident victim.

July 15, 2010

Towed trailer separates from pickup, kills Missouri man

Photo by Houston Herald
Douglas%20County%20Crash.jpg

Stephen Thompson, 61, was killed and another man, Douglas County Deputy Steven Zehner, 29, was seriously injured when the county patrol vehicle they were riding in was struck by a trailer that had separated from a pickup.

According to the officials with the Missouri State Highway Patrol and local media outlets, Thompson was an inmate being transported by Zehner on Highway 63 when the fatal Missouri car accident occurred. A northbound pickup, driven by Gary Miller, 65, was pulling a trailer unit that drifted across the center line of the highway. It collided with a southbound tractor trailer and another pickup before being pulled from Miller's truck. The towed unit continued into the southbound lanes where it slammed into Zehner's car.

Thompson was pronounced dead at the scene. Zehner was taken by ambulance for emergency treatment at a local hospital. Both were wearing seatbelts.

No other drivers were listed as injured, according to the initial crash report of this Missouri trailer accident. All drivers were tested for alcohol in accordance with the law.

Trailer accidents claim 400 to 500 lives across the country each year. The most common trailer accident occurs when a trailer is not properly hitched and drifts away from the towing vehicle. At high speeds, trailer units can be deadly obstacles as we were tragically reminded by this latest accident on Highway 63. Other accidents are caused when the weight of trailer catches the driver off-guard and he or she is unable to brake in time to avoid a collision.

In response to the number of trailer accidents, several states have modified their laws to make trailer regulations stricter. According to a USA Today report, the state of Virginia has recently passed one such law and other states, including Alabama, Hawaii, Louisiana and Tennessee, have measures being considered by state legislators.

June 29, 2010

Lab explosion injures four people at the University of Missouri

Four people were injured during a lab experiment on the campus of the University of Missouri when an explosion erupted in a lab located in Schweitzer Hall.

According to local media reports, a group of lab technicians were conducting an experiment with bacteria and hydrogen. While the precise cause of the blast is still under investigation, initial impressions of the investigators seem to indicate human error lead to the explosion.

The four people who were injured during the experiment have not yet been identified. All four sustained injuries, but one lab technician in particular, who took the strongest hit from the blast, had severe injuries including burns to the face.

To give you an idea of the power of the explosion, 17 windows in Schweitzer Hall were blown out and an adjacent lab also sustained damage.

From the perspective of a Missouri personal injury attorney, this case presents an interesting question of whether the school could be held liable for an incident like this. Every case is unique and we certainly don't have all the details around this accident, but there have been lawsuits in the past dealing with lab accidents on school campuses.

Basically, a personal injury lawsuit makes the claim that a defendant had a legal duty to the injured party and failed to live up to that duty. As a direct result of that breach of duty, an injury was sustained by the plaintiff. In serious injury cases occurring on school campuses, the biggest question is defining the type of legal duty the school has with regard to their students.

The question of duty changes depending on the age of the students and the school setting. An elementary or high school teacher, for instance, will be held to much stricter standards than a professor working with adult graduate students. Untrained students working with potentially hazardous materials should be under constant supervision, while highly trained students may be reasonably considered as fit to work without such strict observation. These are just a few things to consider and anybody with more specific questions about an injury case should contact an experienced Missouri personal injury lawyer.

June 27, 2010

Texting laws continue to spread around the country

More states will soon have anti-texting-while-driving laws go into effect in an attempt to reduce the number of car accident injuries, according to an NPR report. Six laws will go into effect in just the next month, including a ban in Georgia.

Missouri is among the more than thirty states with at least some type of texting ban. Missouri's law is only a partial ban, however, restricting texting by drivers under 21. Tractor trailer drivers have also been banned from texting under a recent federal regulation.

Georgia's new law is a total texting ban, according to the NPR report, and will allow cell phone records to be subpoenaed in some instances after a serious car crash.

The wave of laws is in response to a growing problem of distracted driving. The Department of Transportation says that accidents caused by distracted driving resulted in 6,000 deaths and more than 500,000 injuries in 2008.

The report says even though the laws are getting tougher, the statistics haven't shown much improvement in states with texting bans. A study conducted by the Highway Loss Data Institute looked at the effect of anti-texting laws in three states and Washington, D.C. and concluded that there has been little to no reduction in accidents due to the new laws. Previous studies have shown clearly that texting or talking on a cell phone while driving increases the chance for an accident, yet laws curbing this behavior have yet to garner results. This may simply be due to the fact that people are ignoring the new laws and continuing to use cell phones while driving.

As more state laws go into effect and more research is done, a clearer picture should evolve around the issue of distracted driving and how we can limit its consequences.

June 8, 2010

Missouri reforms DWI laws to crack down on repeat offenders

Gov. Jay Nixon signed into law a reform of the state's DWI laws that aim to be stricter on repeat offenders and limit the number of serious Missouri car accidents caused by drunk drivers.

Some of the key components of the new bill are:

-Cases involving repeat offenders must be moved from a municipal court to a state court, where the penalties are tougher.
-All law enforcement agencies across the state must participate in a DWI reporting policy to better track the number of drunk driving wrecks across the state.
-All municipal court judges must complete a course focused on drunk driving laws.
-Special DWI courts will be created specifically for driver's who plead guilty and new penalties for drivers with a blood alcohol content of .15 or above.

Aside from those main changes, several procedural changes to how DWI cases are handled will be enacted as well. For instance, the law closes a loophole that allowed DWI offenders to have prior offenses expunged.

The bill comes after Gov. Nixon held a summit of state officials to come up with a plan to reduce drunk driving accident injuries in Missouri.

According to nationwide data, Missouri ranks in the bottom half of all states in terms of the number of drunk driving accidents and the percent of fatalities involving a drunk driver.

June 6, 2010

ATV hit-and-run accident sends man to hospital

Authorities are looking for information on an ATV driver that hit a pedestrian and then fled the scene in Dent County.

According to the Highway Patrol, the Missouri hit-and-run injury accident took place on County Road 5160 a little after 11:00 p.m. on Saturday. Ronald Conaway, 44, was walking along the roadway when he was struck by an unknown ATV. The ATV then continued driving and left the scene heading east.

Conaway was flown to St. John's Hospital in St. Louis for emergency treatment. His injuries were considered serious.

Police are still looking for information about the ATV and its driver. At the moment, they don't have even much of a visual description. If you have any information that would be helpful in tracking down the driver, please contact the Missouri State Highway Patrol at (573) 751-3313.

Drivers that cause and then flee an accident scene are often charged with severe criminal penalties whether they are on an ATV or a larger vehicle involved in a Missouri car accident.

As far as paying for medical bills after a hit-and-run accident, the injured party may be able to make a claim against their own insurance policy's uninsured motorist coverage. This coverage is designed to protect people should they get involved in a wreck with somebody that doesn't have adequate insurance to pay for their emergency medical bills.

June 2, 2010

Tractor trailer crash near Herculaneum kills two

Photo by KMOV-TV
I55truckcrash3.jpg

A terrible Missouri tractor trailer crash occurred Wednesday afternoon on Interstate 55 leaving two people dead and another five with significant injuries.

The accident took place at the McNutt Street exit near Herculaneum. According to the initial crash report on file with the Missouri State Highway Patrol, the driver of the tractor trailer was Jay Valentine, 32. He was driving northbound on I-55 and approached a line of cars that had stopped due to traffic congestion. Valentine became distracted, according to media reports, and didn't see the traffic ahead until he was too close to stop. He attempted to avoid a collision by quickly changing lanes, but he still plowed through the back end of several vehicles. In all, seven other vehicles besides the tractor trailer were involved in this fatal St. Louis area truck accident.

Charles Martin, 52, was driving a Ford Focus which was one of the cars first hit by the big rig. The car was dragged the length of a football field and completely devastated. Martin was pronounced dead at the scene.

The other fatality was Alana McKnight, 28, another driver in the line of cars. Her car was struck in the chain reaction that ensued after the initial crash. She was rushed to a local hospital for emergency treatment, but was unable to recover.

There were five others listed as injured on the report: Cathy Hawn, 53; Terry Hawn, 58; Alice Falk, 79; Mary Davis, 65; and Mark London, 51.

Our thoughts are with the families of the deceased and with the injured parties still making a recovery. Hopefully they will be able to fully heal their injures and not be left with any permanent disabilities.

The tractor trailer appeared to belong to a trucking company call Western Express, Inc. This large company, based out of Nashville, has been involved in over 100 serious injury accidents in the past couple years. Six of these accidents resulted in fatalities.

An investigation into this incident is ongoing and could take weeks to complete. Until then, we won't have a detailed description of how this crash occurred, but officials at the scene have been quoted as saying the truck driver was distracted and looking to the right just before the wreck. A full investigation will also be able to determine if any motor carrier regulations were violated.

Since these types of accidents can become incredibly complicated from a legal standpoint, it is often advisable to seek a professional consultation from a Missouri personal injury attorney before talking to the insurance companies.

May 29, 2010

Missouri has thousands of dangerous railroad crossings

tracks.jpg

A Fox 4 Kansas City report has revealed Missouri has more than 2,000 dangerous railroad crossings without working warning lights or bells.

The report is a follow up to a story of a Trenton, Missouri railroad crossing accident that claimed three lives. At that intersection, there were no warning lights or automatic crossbars. Drivers have to stop before crossing to make sure no trains are approaching, but this can be more of a problem than it first seems. The crossing sits at the crest of a small hill and this can make it hard to stop in wet or icy conditions. Visibility may also not be 100% and it's not unreasonable for a safe and defensive driver to come to a full stop, scan for trains, and still miss an oncoming locomotive.

According to the Fox 4 report, the reason for so many unregulated crossing with only a warning sign is funding disputes. The state will pay to put up warning systems, but these automatic lights are expensive. Only a handful are installed every year across the state due to budget limitations. The railroad companies can also install warning systems themselves, but often fail to do so, leaving drivers to fend for themselves at these dangerous intersections.

Aside from the lack of crossing guards, a number of other risk factors contribute to Missouri railroad crossing crashes. Bushes and overgrowth can build up at crossings to obstruct the view of drivers and train conductors may fail to sound their horn as they approach the crossing.

Another problem seen at certain crossings is when companies park their trains near an intersection. Drivers get used to seeing a parked train near the road and eventually ignore it. When you look at a train head-on, it's often hard to tell how fast it's moving or whether it's even moving at all. Drivers may then mistake a moving train for one of the parked trains they are used to seeing and make a deadly mistake.

If you or someone you love has been involved in a Missouri railroad crossing collision, contact a personal injury attorney as soon as possible to discuss your rights as an accident victim. Holding railroad companies responsible for dangerous crossings may be the only way to fix this deadly problem and prevent more lives from being lost.

May 27, 2010

Memorial Day traffic season almost here

It's nearly Memorial Day weekend and that means the kids will be finishing up school, the pools will be opening and the barbecue grills will be hot. It also means that a lot of people will be out on the roadways.

Memorial Day is a very busy traveling holiday, especially for motorists. The long weekend lends itself to a road trip, and millions of Americans take advantage. Tens of millions of people leave home for the holiday every year.

This year is expected to be even bigger with AAA predicting more than a 5 percent increase in travelers. As many as 32 million Americans will be traveling this holiday weekend. The increase, according to some experts, can be attributed to the economy that, while not nearly totally back on track, is a little brighter than this time last year.

All those extra cars on the road also means more serious car accidents. There is always a spike in accident numbers over the holiday weekend due largely to the increased traffic and the fact that a lot of Memorial Day festivities involve alcohol. Memorial Day is also the start of the summer driving season which is especially notorious for being a bad time for teens getting injured in car crashes.

Be sure your holiday doesn't take a tragic turn. Don't drink and drive and be aware of others on the roadway who may not be so responsible. Even if you typically have a lead foot, make this weekend be the one where you stay under the speed limit and don't take any chances.

May 21, 2010

Serious crash occurs as Missouri man runs stop sign

Two people were seriously injured in a Missouri car accident late Friday afternoon in Clay County.

The accident occurred at the intersection of Nation and 144th Street. According to the investigating trooper from the Missouri State Highway Patrol, Chris Wickerson, 57, arrived at the intersection in a 1994 Geo Metro. He stopped at the stop sign and then began to cross the intersection. As he crossed 144th street, a 2002 Ford Explorer, driven by Robert Munzt, 25, failed to stop at the stop sign and slammed into Wickerson's car. Munzt's car crashed into the passenger side of Wickerson's car.

Both Wickerson and Munzt were taken to Liberty Hospital for emergency treatment. Luckily, both drivers were wearing a seatbelt in the in this side impact accident.

According to the initial crash report, an investigation is ongoing and charges are pending.

Under the law, the liability insurance of the at-fault driver pays for damages incurred by the injured party in an accident. While the initial report in this wreck seems cut and dry, Missouri injury accidents can quickly get complicated when insurance companies get involved. To make sure your rights as an accident victim are protected, it is in your best interest to contact a Missouri personal injury lawyer as soon as possible after an accident.

May 19, 2010

Teens driving after dark leads to more accidents

nightdriving.jpg

A new nationwide study of young drivers shows that driving at night is the biggest risk factor and causes the most fatalities in serious car accidents. While it may seem obvious that driving at night is more dangerous than driving during the day, what is surprising is the degree at which the risk rises. Controlling for all other variables, driving after dark contributes to more fatalities than drinking, speeding or not wearing a seatbelt.

What's alarming about this bit of information is the fact that teens driving at night are also more prone to engaging in those other risky driving practices which raises their chances of being injured in a car wreck exponentially.

The authors of the study claim that a big contributing factor is cell phones. Driving at night provides its own challenges, but those risks are compounded when a driver's attention is divided by a cell phone.

Here in Missouri, we have taken steps to limit this risk factor by banning texting behind the wheel for any driver under 21. The graduated license system we adopted several years ago also places restrictions on new drivers at night.

May 17, 2010

Missouri legislature doesn't ban texting for all drivers

Since Missouri banned drivers under the age of 21 from texting behind the wheel last year, the debate has focused on whether to ban texting for all drivers. The state legislature has decided, for now, that it will not ban texting for adult drivers.

Laws against texting and driving have been adopted in numerous states around the country as a way of combating distracted driving and the serious car accident injuries it can cause. 42 states have at least considered such laws, with 24 adopting some type of texting regulation, while federal agencies have banned texting for commercial truck drivers and federal employees driving state-owned vehicles.

Since the Missouri law banning minors from texting took effect, only a few tickets have been issued. It's too early to tell what type of effect the law has had on crash statistics.

Nationwide, over 6,000 people are killed every year by car accidents caused by negligent distracted driving. In Missouri alone, there were over 500 injuries related to distracted driving crashes.

May 11, 2010

Head-on collision sends two to hospital

Two people were injured and hospitalized Tuesday afternoon after a Missouri car crash on Route 47 in Franklin County.

According to the Missouri State Highway Patrol, Mark Taylor, 49, and Ashlea Spires, 29, were each driving on Route 47 at the time of the accident. Taylor was heading northbound in a 1991 Mazda Miata and Spires was driving a 1990 Toyota Camry southbound. As they approached each other, Taylor lost control of his car and crossed the center line. The drivers were unable to avoid a collision with each other and the two car collided nearly head-on.

Both Taylor and Spires were injured and taken by ambulance to St. John's Mercy Hospital for treatment. Neither driver was wearing a seat belt.

Hopefully both drivers can make a full recovery from this St. Louis area injury accident.

While the initial reports have a basic series of events, determining any liability and settling insurance issues is going to require further investigation. For instance, we don't know the speed of the two vehicles or what caused Taylor to lose control of his car. Under Missouri law, the at-fault driver's liability insurance should pay the medical bills and other costs incurred by the injured party.

Cases that seem simple at first can sometimes become very complicated when insurance companies get involved. When that happens, you'll want the legal advice of someone on your side to make sure your rights as an accident victim are upheld. The best way to do this is to consult a Missouri personal injury lawyer.

May 9, 2010

Traffic accidents leading cause of death for American teens

The Centers for Disease Control has issued a report stating that serious car accidents are the leading cause of death for teens in the United States. Over a third of all teenage deaths can be attributed to traffic accidents.

According to the report, over 16,000 teens die each year from car accident injuries. That equals about a third of all teenage deaths, beating out the other leading causes of death including non-car related accidents, homicide, suicide, cancer and heart disease. Accidents in general, both car related and not, are to blame for over half of all teen fatalities.

The numbers also show that male teens are much more likely to be killed in a traffic accident than female teens. At 16, males are about twice as likely to be in a fatal car accident and that disparity only widens as they get older. By 19, males are three times as likely to be killed in a car crash.

While the numbers are disheartening, especially since the loss of life of among teens is a such a tragic occurrence, there is room for optimism. Car accidents are a preventable cause of death. Safety advance through the years have done a pretty good job at preventing serious accidents. No advances in car engineering or safety technology will ever take the place of responsible driving. Teens need to receive plenty of practice in a supervised setting before being on the road on their own. Parents need to make sure to pass on safe driving tips and a encourage their children not to engage in risky or negligent driving practices.

Here in Missouri, state laws have also stepped in to try and prevent these tragic accidents. The graduated license system was implemented in the last decade and in just the last year, teens were banned from texting while driving.

May 7, 2010

Car vs. tractor accident sends two to hospital

Viola Dudenhoeffer, 72, and Kennith Eichholz, 47, were injured and hospitalized after a Missouri car accident between a car and John Deere Tractor on Highway 63.

According to the Missouri State Highway Patrol, the incident occurred around 8 a.m. on Friday as Eichholz was driving his tractor on the highway. Dudenhoeffer was also driving on the highway behind Eichholz in a 2009 Ford. Eichholz attempted to make a left turn onto County Road 511 at the same time that Dudenhoeffer attempted to pass the tractor. The car crashed into the left side of the tractor as it tried to make the turn.

Both Dudenhoeffer and Eichholz were taken to St. Mary's Hospital for treatment. Both drivers were wearing safety belts.

Living in Missouri, seeing tractors on roadways is a common sight. While they are generally slower than the other traffic on the road, it doesn't mean that the presence of large farm equipment has to result in a dangerous situation or major car accident injuries. Both drivers just need to respect one another and follow the rules of the road.

Likewise, passing on highways and country roads is also legal, but can be dangerous if not done with extreme caution. You have to make sure that you know what the other driver is going to do and if there are any incoming cars.

When there is an accident, it is a wise decision to contact a Missouri car accident injury lawyer. Crash cases can quickly become complicated, especially when it comes to dealing with insurance companies, and consulting with a legal professional a good way to make sure your rights as an accident victim are preserved.

May 3, 2010

Three car Missouri crash sends two to hospital

A three-car, chain reaction Missouri crash sent two people to the hospital Monday evening in Pulaski County.

According to the Missouri State Highway Patrol, all three vehicles involved were traveling eastbound on Missouri highway 28 at around 6:00 p.m. Among the drivers were Kendra Cunningham, 20; Sharon Shamblin, 26; and Jared Sabatasso, 28. The initial crash reports says Sabatasso's 2007 Toyota Solara rear-ended Shamblin's 2006 Mazda 3. The impact then sent Shamblin's car into the back of Cunningham's 2006 Hyundai SGX.

Shamblin suffered serious injuries and was rushed by ambulance to a local hospital. Cunningham was also hospitalized, but with less serious injuries. Sabatasso was not listed as injured on the report.

Our thoughts are with the injured parties. Hopefully they are able to make a full recovery.

In these types of chain reaction crashes, the rear-impact collision doctrine often applies. This doctrine states that in rear-impact collisions, negligence is assumed on the part of the at-fault driver. The basis for this is that every driver should be in control of his or her vehicle and should leave plenty of space between it and the vehicle ahead.

Unfortunately, not all injury accident cases are so simple. There may be extenuated circumstances to every crash and details besides what was listed on the initial crash report. Because of the complicated nature of traffic and injury law, it is often advisable to get a free consultation from a personal injury attorney. Many will discuss your case with you at no charge and with no obligation to hire.

May 1, 2010

Two people seriously injured in Highway 50 crash

Two people were hospitalized after a serious Missouri car accident on Highway 50 in Jackson County.

Beverly Cathcard, 80, was driving northbound toward the intersection of Highway 50 and Smart Road, according to the Missouri State Highway Patrol. Also approaching the intersection was Jill Powell, 26. According to the investigating officer, Cathcard failed to yield to traffic as she entered the intersection. Cathcard's 1989 Ford F350 pulled into the path of Powell's 2007 Pontiac G6. Powell was unable to avoid smashing into Cathcard's vehicle.

Both Powell and Cathcard suffered serious injuries and were taken to Research Medical Center for emergency treatment.

Powell was not wearing a seat belt.

An investigation into this Missouri traffic injury accident is ongoing. Charges are pending.

Further investigation is often needed in traffic accidents to corroborate the details of the initial crash report. The description of the accident made by the investigating officer is just that officer's opinion based on initial comments at the scene. In court, it is considered hearsay unless the officer actually witnessed the crash, is trained in accident reconstruction or the report is backed up by other physical evidence. Because accident cases can quickly turn complicated, it is in your best interest to contact a car accident injury lawyer after a serious wreck in order to discuss your case and make sure your rights as an accident victim are protected.

April 23, 2010

When to consult a personal injury attorney

After a Missouri car accident, many people would like to assume that they can rely on their insurance company to take care of them. That's what their customers are paying them for, after all. The mistake people sometimes make is to assume these companies, with their ads claiming that they will protect you in any situation, are not going to be looking for any way to not pay you the amount you deserve.

Insurance companies are working to make a profit and those profits are affected by each serious injury accident they have to pay for. Insurance adjusters will sometimes give you an inadequate settlement offer to see if you accept. Other times, they may try and get out making any kind of settlement at all.

Personal injury lawyers are there to work with you and make sure your rights as an accident victim are protected while allowing you to get the settlement you need for a full recovery. But when should you hire an attorney?

Unfortunately, personal injury law is very complicated with many nuances that can only be understood with years of experience. Every case is different and no blog post will be able to tell you whether you absolutely need representation.

Not every case needs a lawyer and some minor claims can be settled fairly easily. If you have any questions whatsoever, though, about your case, there is almost no risk in contacting a personal injury attorney as they mostly offer free consultations with no obligation to hire. You can discuss your case and the lawyer will be able to determine your best course of action. Sometimes this means he will offer to represent you, while other times, he may give you some free tips on how to handle the case yourself.

April 11, 2010

Motorcycle wreck seriously injures Washington, Missouri man

David Presley, 35, was seriously injured Sunday in a Missouri motorcycle accident on Route YY in Franklin County.

According to the investigating trooper of the Missouri State Highway Patrol, Presley was riding a 2007 Kawasaki Motorcycle eastbound on Route YY at the time of the accident. At the same time, Mary Bowman, 56, was driving a 1999 Ford Ranger pickup truck westbound on the same road. As the two vehicles approached Route C, Bowman attempted to make a left turn. The pickup pulled into the path of the motorcycle and Presley was unable to avoid a collision. Presley's motorcycle slammed into the passenger side of the pickup.

Presley was seriously injured and taken to St. John's Hospital for treatment. Bowman was not injured.

Motorcycle injury accidents can be devastating to those involved. With nothing to protect to the rider, they are often seriously injured or worse. Hopefully Presley can make a full recovery.

Many times, motorcycle crashes are caused because other drivers didn't see the motorcyclist until it was too late. Larger passenger cars will merge vehicles off the roadway or cut in front of the smaller motorcycle which leads to an accident. In this particular case, while the accident was caused when Bowman made a left turn, some more details need to be fleshed out before liability can be determined. The speeds of the two vehicles as well whether either driver broke any driving regulations needs to be determined. None of this information is available on the initial crash report.

Sometimes, insurance companies will not be cooperative in making sure accident victims get the assistance they need for a full recovery. In these cases, victims should contact a St. Louis area motorcycle accident lawyer to make sure their rights are protected.

April 5, 2010

NHTSA seeking $16 million in fines from Toyota

The National Highway Traffic Safety Administration is looking to collect $16.4 million in fines from Toyota for not disclosing the nature of potentially dangerous product defects that may have lead to serious car accidents and could be linked to numerous deaths.

The fine is the largest allowed under federal law for this type of case. Under federal regulations, car manufacturers are required to notify the NHTSA within five days of recognizing a defect with the potential to cause injury. Judging by documents obtained by federal investigators, Toyota waited to notify the NHTSA for at least four months that the gas pedals on several of its models had a tendency to stick.

If you'll remember, Toyota has issued several recalls over the last six months to combat a sudden acceleration problem in many of their models. Initially, the company claimed all of the problems were being caused by floor mats, but the newly obtained documents prove that they knew about a mechanical problem with the gas pedal even as they blamed the sudden acceleration reports on floor mats.

Toyota has not yet indicated if it will try and appeal the fines.

While the proposed fine may be the maximum allowed by federal law, it is just a tiny fraction compared to the huge profits brought in yearly by the world's largest automaker. Outside of these fines, there are numerous product liability lawsuits aimed at the company as well.

If companies are negligent in producing a product, they must be held accountable to ensure that lives are not lost and more people don't suffer injury. If you or someone you love has bee injured by a product defect, contact a personal injury attorney as soon as possible for a consultation on your case.

April 1, 2010

Not everyone is a "supertasker"

A recent article on Wired's website about multitaskers caught my eye both for the information in the article, and how some people might interpret that information.

The article focuses on the findings of a recent study saying that a small percentage of people are exceptionally good at multitasking behind the wheel. These so-called supertaskers are able to perform well on benchmark driving tests while doing other distracting tasks such as talking on the phone or solving math problems. While the average person's response time when braking is reduced 20 percent when multitasking behind the wheel, supertaskers seem to be unaffected.

The idea that driving performance can be unaffected by cell phone use flies in the face of recent legislative trends to restrict the use of phones behind the wheel. Missouri recently banned minors from texting and driving, while commercial truck drivers have been banned from texting by a federal regulation as a way of preventing fatal traffic accidents.

And that's precisely the concern with the article. Most people are definitely not supertaskers. The average person's reaction time while talking on the phone is equivalent to that of a drunken driver and texting while driving is even more dangerous. Only about two percent of people studied had this unique talent, but chances are, a much higher percentage of people reading that article will get the idea that they, too, are multitasking prodigies.

While the science behind brain function and the existence of supertakers is interesting, don't make any assumptions on your own ability. Distracted driving is incredibly negligent and in the vast majority of cases will increase the chances of a serious car accident.

March 29, 2010

Motorcycle accident seriously injures Missouri couple

Two people were hospitalized Monday afternoon after a Missouri motorcycle crash on Highway 112 near Cassville.

According to the Missouri State Highway Patrol, the accident occurred as Arthur Brophy, 38, and Melissa Brophy, 30, were riding their 1996 Honda motorcycle northbound on the highway. A 2001 Pontiac Sunfire, driven by Shawanna Hains, 25, was approaching the motorcycle in the southbound lanes. Hains attempted to make a left turn and pulled directly into the path of the motorcycle. Brophy was unable to avoid a collision and crashed into the side of the car.

Both Arthur and Melissa Brophy were taken to St. John's Hospital for treatment. Hains was uninjured in the crash.

Motorcycle accidents are often caused by other drivers not realizing a motorcycle is present and then turning or merging into them. Most drivers only quickly glance to look for other cars and don't notice the smaller motorcycle that might riding next to them or approaching them. Every driver needs to make sure that they share the road with motorcycle riders.

Hopefully the Brophys can make a full recovery from this motorcycle injury accident. Fortunately, they were wearing their helmets at the time of the crash.

While the description of the accident gives some details, we don't know exactly who is at fault for this accident. Why didn't Hains see the oncoming motorcycle in the middle of the day? Was Arthur Brophy driving at an excessive speed? Did Hains make her left turn without signaling? All these questions need to be answered by further investigation.

March 27, 2010

Missouri man seriously injured after car hits tractor

Laccey Umfleet, 41, was seriously injured Saturday morning after his truck collided with a John Deere tractor in Cape Girardeau County.

This Missouri injury accident occurred at 9:45 a.m. on Missouri 25 near Dutchtown. Umfleet was driving a 2007 Chevy pickup southbound on Missouri 25 when he came upon a John Deere tractor, driven by Joshua Veussink, 23. Umfleet began to pass the tractor, when Veussink attempted to make a left turn. The tractor clipped the side of the pickup and sent it veering off the roadway. Umfleet's truck went off the right side of the road and overturned.

Umfleet was seriously injured and taken to St. Francis Medical Center for emergency treatment. Veussink did not sustain any serious injury.

Umfleet was not wearing a seat belt.

Typically, in Missouri traffic accidents, the at-fault driver's liability insurance will pay for damages sustained by the injured party. Not every accident is so clear cut. The initial crash report in this crash will need to be corroborated by further evidence to fill in the missing details like the speed of Umfleet's truck and whether Veussink made a negligent maneuver in making his left turn.

If you are ever involved in an injury accident and want legal guidance, contact a Missouri personal injury attorney as soon as possible. Many will offer a free consultation in which you can discuss your case without any obligation to hire.

March 25, 2010

Steps to take after a hit and run accident

Being in a serious car accident is stressful enough under normal conditions. You are worried about your health and the safety of those riding with you. Then your thoughts wander to how you are going to pay for the damages and what you need to tell the insurance company. Generally, you call the police to have a report written up and then the at-fault driver's liability insurance will take care of many of the expenses arising for the injured party. But what happens when the at-fault driver doesn't stay at the scene? It can be a helpless feeling to be left injured on the side of the road while the other person illegally drives away.

Your first priority should be to ensure your safety and the safety of those riding with you. Get out of the roadway if you can and make sure that emergency responders are notified.

If there are witnesses, make sure to get their information and see if they can give the police a statement. It is incredibly helpful to have additional people corroborate your account of the crash.

Be sure to write down everything you know about the car that hit you. If you got the license number, that's great, but any information is helpful. Knowing the make, model and color can all help track down the person that hit you. Don't rely on your memory at this stressful time. Be sure to write everything down.

Even if authorities never find the at-fault driver, you can file a claim with your own insurance company's uninsured motorist coverage. By law, your plan must include this coverage that protects you should you be involved in a Missouri car crash with a driver that doesn't have insurance or attempts to flee the scene of the wreck.

Unfortunately, insurance companies may still try and not pay the claim even if you followed all the steps above. If this happens to you, contact a Missouri car accident lawyer as soon as possible and he will be able to help you preserve your rights as an accident victim.

March 23, 2010

Rear-end collision injures three in Jefferson County

Three people were injured in a Tuesday evening Missouri car accident on Highway 21 in Jefferson County, according to the Missouri Highway Patrol.

The accident occurred around 6:15 when Joey Holmes, 47, slowed his northbound 1999 Jeep Grand Cherokee to turn into a private driveway. Behind Holmes was Darrell Hasty, 26, who was driving a 2008 Chevrolet Aveo northbound on Highway 21 as well. Hasty failed to see Holmes' Jeep slowing down and was unable to avoid smashing into the back of the Jeep.

Holmes was injured and taken to Jefferson Regional Medical Center for treatment. Hasty and a passenger in his car, Hayden Hasty, 2, were also injured and taken to Jefferson Regional.

The initial crash report did not give a reason why Hasty failed to see Holmes' Jeep slowing down.

Unless further investigation reveals extenuating circumstances in this Missouri rear-end collision injury accident, the case would probably fall under the rear impact collision doctrine which states that negligence is assumed on the part of the at-fault driver in all accidents of this type. The rationale behind this rule is that all drivers should be in control of where their vehicles are heading and leave plenty of space between themselves and the car ahead of them. That way if there is a sudden stop or turn, the rear driver will have time to avoid an accident.

While these types of cases may seem pretty straight forward, there may be complications not readily apparent, especially once insurance companies get involved. To ensure that your rights as an accident victim are upheld, it is usually a good idea to contact a St. Louis based personal injury lawyer for a consultation after any injury. Often they will provide the consultation for free with no obligation to hire.

March 21, 2010

Winter burst causes dozens of accidents

In what was probably Winter's last gasp, a massive snow storm dropped up to a foot of snow in some places in the state causing dozens of Missouri car accidents.

Local media reports, predominately from southern Missouri, listed dozens of crashes in the area. At least 25 vehicles had to be towed just along Interstate 44 after they spun out of control into the median or roadside. The Joplin Globe reported that some emergency dispatch centers were receiving triple the amount of calls normally received on a busy night.

The storm was the mix of rain, sleet and snow that is so often a problematic mixture for drivers. Roads become wet due to the rain and freeze as the temperature lowers. The ice can appear so suddenly that drivers don't realize it's there and lose control of their vehicles. Also, after a couple weeks of milder weather, drivers might have been overconfident and convinced the roads wouldn't freeze again.

Overconfidence in bad weather is often a problem for drivers of SUV's and large trucks. Many times a driver will report that since he had four-wheel drive and solid gripping tires, he felt safer and drove at a faster speed. Despite the added traction that is sometimes featured in SUV's, a solid sheet of ice is still just as slick.

While the Winter weather may be over for the year, as we move into Spring we will start to see thunderstorms and driving rain showers. These can prove to be dangerous for drivers as well. While weather can contribute to a Missouri injury accident, it is not a defense if you cause an accident. If the weather is too severe for your driving ability, stay off the road until it passes.

March 17, 2010

Text messaging leads to Mid-Missouri accident

Becky Burkhart, 28, was seriously injured Wednesday when she was hit in a rear-end collision accident by a driver who was texting behind the wheel.

According to the Missouri State Highway Patrol, Burkhart was driving southbound on Missouri Highway 5 in a 1995 Toyota when the accident occurred. Just behind her in a 1997 Ford was Teddy Newell, 29. According to the initial crash report, Newell was text messaging causing him to rear-end Burkhart's vehicle and cause major damage.

The impact of the crash was severe enough to seriously injure Burkhart, who was taken to University Hospital in Columbia. Newell was not severely injured.

If the information in the initial crash report is true, then this Missouri car accident is the result of negligent driving decisions on the part of Newell. Texting behind the wheel has become more of a problem as high-tech phones become ubiquitous among young drivers. While texting, a driver is 23 times more likely to be involved in an accident.

Because of these risk factors, legislators around the country are looking to limit the use of cell phones and text messaging behind the wheel. Missouri has already banned texting by minors while they drive and a national ban on texting for truck drivers was recently established. This trend of regulation only looks to pick up steam with the eventual total ban of texting behind the wheel for all drivers just over the horizon.

March 15, 2010

Honda issues recall for brake system flaw

A car manufacturer just issued a recall for a potentially dangerous product defect, but this time it wasn't Toyota.

After months of expanding recalls for Toyota vehicles, Honda Motor Company has issued its own recall specifically relating to the brake systems in the Odyssey minivan and Element SUV. Drivers have issued complaints of the brake pedals feeling soft and three crashes are being investigated to see if there is a link to a brake malfunction.

As of now, no fatal injuries have been reportedly caused by a brake malfunction.

According to the automaker, the problem develops when air leaks into the brake systems causing them to not be as responsive. Reports claim that the pedal feels like it needs to be pushed further down to stop the car the longer the driver has owned the vehicle.

The recall affects approximately 412,000 vehicles in the U.S.

After numerous accidents for Toyota vehicles led to investigations and personal injury lawsuits, the entire auto industry could face tougher scrutiny. It appears Honda doesn't want to be accused of dragging its feet in issuing a recall. We may continue to see companies acting quickly to respond to complaints in the wake of the Toyota fiasco. This new motivation could produce a very positive trend of corporate responsibility, at least in the short term, that may save lives.

If you own a Honda Odyssey or Element, contact your dealer for more information about the recall.

March 13, 2010

Missouri teen killed while walking along roadway


Tiffaney Fisher, 18, was killed Friday evening after she was hit by a 2004 Ford while walking along the roadway in Dunklin County, Missouri.

Many of the details are not available at this time, but what we do know is that Fisher was walking along Missouri 164 around 7:21 p.m. when the fatal Missouri pedestrian accident occurred. Trenton Burns, 17, was traveling westbound in the 2004 Ford and struck Fisher as she was walking, according to the Missouri Highway Patrol.

Fisher was pronounced dead at the scene. Burns suffered no physical injuries.

Our thoughts go out to the families of both Fisher and Burns. This is a terrible incident for anyone to endure.

There are several other details not addressed in the initial crash report that need to be fleshed out in order to get a better idea of how this tragic Missouri car accident happened. We need to know if Fisher was walking alongside the roadway or if she was trying to cross the road. We also need to know if Burns was traveling the speed limit or if he was possibly distracted by something else in his car.

It is important to determine what caused any serious accident, whether on the roadways or elsewhere, for several reasons. First, if we know what caused an accident, maybe similar incident can be prevented in the future. Second, in some cases liability isn't clear and needs to be determined for legal reasons. If you or a loved one has been involved in a serious injury accident, it is in your best interest to contact a Missouri personal injury lawyer to discuss your rights as an accident victim.

March 10, 2010

Jefferson County, Missouri crash kills Hillsboro senior

Marjorie Harris, 89, was killed Wednesday morning in a Missouri car accident on the corner of Hillsboro House Springs Road and Tishomingo Road.

According to the Missouri State Highway Patrol, Harris was a passenger in a 2005 Ford Explorer heading eastbound through the intersection around 11:10 a.m. A 2006 Ford F150 pickup, driven by Charles McDaniel, 23, was heading northbound toward the intersection at the same moment. McDaniel failed to stop at the stop sign, according to the initial crash report, and the pickup struck the SUV in the passenger side.

Harris was taken to St. Anthony's Medical Center where she was pronounced dead by hospital staff. Nobody else involved in the accident suffered serious injury.

Under Missouri law, the at fault driver's liability insurance should pay for the funeral cost and any other accident expenses for the injured party. It seems from the initial crash report that McDaniel violated traffic regulations by running a stop sign, which lead to the accident. An initial crash report alone is not solid enough evidence, however, as it is considered hearsay in court. A full accident reconstruction will be conducted to determine the exact sequence of events and who was truly at fault for this fatal SUV accident.

Accident cases can quickly become complicated, especially if the insurance company tries to lower the amount it is paying out for damages. Those involved in an crash should seek the counsel of an experienced Missouri car accident attorney.

March 8, 2010

Toyota claims acceleration problems aren't caused by electronics

highway%20traffic.jpg

As Toyota continues to come under fire from federal safety officials for potentially dangerous manufacturing defects, the automaker has presented evidence that it says shows the sudden acceleration problems is mechanical and not an electronic glitch.

Recently, officials have become concerned that faulty electronic throttle controls may be at the heart of the problem that has reportedly caused numerous fatal car accidents. Some investigators have even recreated the glitch in a lab setting.

Toyota claims that the scenarios that were recreated in the tests are not plausible in real life and are the result of tampering by the investigators. They claim that relying on those tests could set back the investigation and distract from the real problem.

After a fatal SUV accident in California last year was caused when the vehicle began accelerating wildly, the automaker blamed the incident on driver's side floor mats getting caught on the pedal. Only after many more reports came in did the automaker admit that the problem was a defect in the gas pedal mechanism. Toyota has recalled more than 8 million vehicles since last fall and made repairs that is says will fix the problem. Recently, though, dozens of reports have come in from car owners who have had the recall fixes done but are still experiencing the acceleration problem.

Dozens of wrongful death lawsuits, personal injury lawsuits and product liability lawsuits have been leveled at Toyota so far. A recent Associated Press report says that the automaker stands to lose billions of dollars if the suits are successful. Hopefully the investigation by federal officials and pressure from the lawsuits eventually leads to a clear diagnosis of the problem so no more lives are lost.

March 6, 2010

Missouri motorcycle-ATV crash kills one teen and injures another

A tragic Missouri motorcycle accident took the life of a Missouri teenager and left another in serious condition Saturday evening in McDonald County.

According to the Missouri State Highway Patrol, Michael Dutton, 17, was riding a Kawasaki motorcycle on Bear Hollow Road at the same time Camron Bridges, 17, was approaching on a Kawasaki four-wheeler. They struck head on, totaling both vehicles.

Both victims were taken to a local hospital. Bridges was pronounced dead shortly after 1 a.m. on Sunday while Dutton remained in serious condition.

Neither victim was wearing a helmet, according to the initial crash report.

No description of what actually caused this serious Missouri motorcycle crash was given in the report. It was late, so visibility was low and could have contributed, but it is not certain which driver was out of his lane to cause the head-on collision.

Dutton was tested for alcohol in accordance with Missouri law after a fatal traffic accident. An investigation into the crash continues.

March 4, 2010

Toyota recall fixes not working, some drivers say

More than a dozen reports of sudden, uncontrolled acceleration incidents have been sent to officials concerning Toyota vehicles that had supposedly been fixed under the massive recalls of the past few months.

According to an AP report, at least 15 people have had sudden acceleration problems, though no indication was given as to whether these incidents resulted in a serious car accident. At the moment the reports are unconfirmed, but the National Highway Traffic Safety Administration is following up with these drivers to determine if a dangerous vehicle defect exists even after being repaired under the recall guidelines.

This announcement will surely come as a blow to the auto maker, which is looking to move past this whole episode with an aggressive advertising campaign designed to regain credibility.

Toyota, for the moment, is standing by their recall fixes and has sent investigators of their own to check out these new claims. The company has been on the defensive this whole process, constantly changing the diagnosis for the acceleration problem. First they claimed the problem was misplaced floor mats or driver error, then they admitted the problem was likely in the pedal mechanism. Now the concern is that there are problems with the vehicle's software systems, though Toyota has denied these claims.

The NHTSA says that 52 people have been killed in car accidents related to a sudden acceleration glitch, according to the Associated Press report.

March 2, 2010

Jefferson County crash injures two

Three cars were involved in a Missouri injury accident on Highway 30 in Jefferson County Tuesday afternoon. At least two people sustained significant injuries in the wreck.

The accident occurred on Highway 30 just before Old Sugar Creek Road, according to the Missouri State Highway Patrol. Two vehicles had stopped in preparation of making a left turn. The first vehicle was a large Ford Econoline van, driven by Charles Kersten, 26, and behind that was a 2005 Dodge Ram, driven by Bruce Finkes, 56. A third vehicle, a Chevy 1500 driven by Martin Gsell, 56, approached the line of cars from behind. Gsell's pickup slammed into the back of Finkes' truck causing serious damage.

Both Finkes and Gsell suffered serious injuries in this Missouri car accident and were taken to St. Anthony's Hospital for treatment. While Finkes' truck was pushed forward into Kersten's van, Kersten didn't suffer any significant injuries, according to the investigating officer.

The initial crash report didn't say what caused Gsell to crash into a line of stopped cars. Generally when this happens it means that a driver was not paying attention to the road ahead or was driving too fast to slow down in time. There may be extenuating circumstances, though, and this case may be more complicated than it first appears.

Because there are so many complications and nuances to Missouri accident law, it's important to seek the advice of a professional when handling the aftermath of a crash. Consulting an experienced St. Louis area car accident lawyer before settling with the insurance companies is the best way to ensure that your rights are protected and that you receive the chance at recovery you deserve.

February 27, 2010

Missouri car accident injures two

Two people were injured, one seriously, in a two-car Missouri car accident in Jefferson County Saturday morning.

According to the Missouri State Highway Patrol, the accident occurred on southbound Highway 67 near Meyer Road. Sandra Doty, 38, was heading southbound on the highway in a 2004 Kia Sedona. Approaching the highway heading eastbound was a 1998 Ford Escort, driven by Holly Mann, 23. Mann attempted to pull into the highway and it doing so crossed into the path of Doty's vehicle. Doty was unable to avoid a collision and slammed into the driver's side of the Escort, totaling both cars.

Mann was seriously injured by this Missouri car crash and taken to St. Louis University Hospital for treatment. A passenger in her car, Jeremy Racette, 24, was also injured and taken to a local hospital. Doty was not listed as injured on the initial accident report.

Side impact collisions can cause devastating injuries to the passengers of cars, even when compared to head-on collisions. This is because while numerous safety technologies like air bags and crumple zones are designed to protect riders in front end crashes, there's just not a lot to protect passengers from the side. Hopefully the injured parties will be able to make a full recovery.

The initial crash report does not indicate who had the right of way or if one driver in this accident was driving negligently.

After a car accident, insurance companies will quickly try and contact those involved and settle claims as cheaply as possible. To make sure you understand your rights before you lose money that may be needed for a recovery, consult a Missouri car accident lawyer as soon as possible.

February 25, 2010

Toyota President apologetic after being questioned by Congress

Members of the United States Congress held two days worth of hearings this week that including a question session for the head of Toyota, Akio Toyoda.

The Federal Government has gotten involved in investigating the vehicle manufacturer after thousands of reports of potentially dangerous vehicle defects leading to instances where Toyota vehicles have accelerated uncontrollably. As many as 39 deaths have been reportedly linked to the acceleration problem.

In the question session, Toyoda was apologetic and sorry for any accident that Toyota owners have had. He even admitted that some problems may have arisen because of the company's extraordinarily rapid growth over the last decade.

Toyota is Japan's largest company and also the world's largest automaker.

Toyoda refuted the claim that electronic system errors in Toyota vehicles were to blame for any of the fatal car accidents. When reports of the sudden acceleration problem first became national news, the company blamed misplaced floor mats that caught on the accelerator. As the months wore on and reports from all over the country began to stream in, the automaker expanded its recalls and admitted that part of the accelerator mechanism itself was the problem. Now, as the company has recalled nearly 10 million vehicles, concerns are arising that the computer systems that help control cruise control and other vital operations are faulty.

Hopefully investigators can get to the cause of all these incidents before we have more serious crashes. Toyota also needs to be held accountable if they knew about potential problems and didn't act to fix them before people were hurt or killed. When a company negligently sells a dangerous product, it falls under the area of product liability law. If you believe that you have been injured by a dangerous product defect, you should consult a personal injury attorney as soon as possible.

February 23, 2010

More details emerge about fatal St. Louis area plane crash

More specifics about Sunday evening's deadly St. Louis area plane crash are beginning to emerge, including the names of the victims.

Authorities have tentatively identified the victims as former head of the Missouri Division of Commerce and Industrial Development, Donald Estell, 65, and Robert Clarkson, 68. The identifications are being labeled as tentative because they are based on circumstantial evidence until genetic testing can confirm them definitively.

Estell, an experienced pilot, was flying the plane according to the flight records. Records also show that the flight left Vero Beach, Fla. an hour later than scheduled.

According to an Associated Press report, officials say they plane encountered a light rain just before they were supposed to land in the St. Louis area, but that the weather shouldn't have been a serious factor for an experienced pilot like Estell.

Officials from the FAA and NTSB will continue to investigate the cause of the crash, though a full report on the fatal crash might take months.

February 21, 2010

Plane bound for St. Louis crashes; two passengers believed dead

Photo by St. Louis Post Dispatch
belleville%20plane%20crash.jpg

A small private airplane that was bound for St. Louis Downtown Airport crashed Sunday evening into a Belleville home several miles short of the runway. Two people were believed to have been on board the plane. There were no survivors, according to authorities.

According to the St. Louis Post Dispatch report on this St. Louis area plane crash, the plane had left from Vero Beach, Fla. and was scheduled to land at St. Louis Downtown Airport around 6:30 p.m. The plane was a single-engine Piper Meridian based at Downtown Airport and registered to a Clayton company, according to the Post Dispatch.

The plane began to dive and witness reports state that the plane was making whining noises as it dove towards the home of John and Mary Elliott in the Aero Estates development. Thankfully, nobody was home at the time of the crash.

The plane crashed into a hanger attached to the home that housed two planes and an antique car. Flames quickly spread from the hangar to the house, which was completely destroyed.

Names of the victims have not yet been released.

Authorities are still investigating the cause of the crash. It was raining and foggy at the time, though no indication has been made that weather contributed to the fatal plane crash.

In 2007, there was a Missouri plane crash also involving a Piper Meridian. In that incident, the wings separated from the body of the plane in mid-air causing the plane to crash. The Piper Meridian has also been the target of concerns over the nose landing gear which reportedly caused several planes to turn hard uncontrollably upon landing.

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 10, 2010

St. Louis County accident sends man to hospital

Christopher Hausermann, 35, was injured and hospitalized after a three-car Missouri wreck in St. Louis County Wednesday evening.

According to the Missouri State Highway Patrol, Hausermann was driving his 2003 Ford F150 southbound on I-270 at the time of the crash. He was in a line of cars with Linda Ferber, 59, who was driving a 1999 Nissan Altima; and Brandon Smith, 24, who was driving a 2004 Nissan Maxima. Smith tried to pass the other two vehicles on the right, but lost control of his car. In an attempt to regain control, Smith overcorrected and slammed into the median in front of Hausermann. Hausermann attempted to avoid a collision with Smith’s vehicle and, in doing so, collided with Ferber’s Altima. The impact of Smith’s car into the median also propelled it back into the roadway where it hit Ferber’s car.

Hausermann was taken to St. John’s Medical Center for treatment. Fortunately, despite the multiple collisions and high speeds, Hausermann’s injuries were not considered life-threatening and neither Smith nor Ferber sustained serious injury.

The report did not say what caused Smith to lose control of his car while passing the other vehicles. Perhaps this Missouri injury accident was caused by driver error and could have been prevented.

In accidents like this one, where there are multiple collisions, determining liability can be complicated. It is advisable that anyone injured in an accident consult a St. Louis car accident attorney to discuss their rights before making a comment to the insurance companies.

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 14, 2010

Missouri Supreme Court hears arguments on medical malpractice case today

Arguments on a case that could have big ramifications for medical malpractice laws in the state of Missouri were heard today by the Missouri Supreme Court. At the heart of the issue is the question of whether the state's $350,000 non-economic damage cap is fair to consumers and whether the cap can be applied retroactively to injuries sustained before a limit was in place.

As we reported earlier, the case was initially filed by James and Mary Klotz of Arnold, Missouri. James Klotz won a medical malpractice lawsuit after massive complications arose from an operation to insert a pacemaker. While the jury awarded Klotz $1 million, the non-economic damages were reduced to just $350,000. While the actual lawsuit was filed after the 2005 cap was put in place, the personal injuries were sustained in an operation that occurred in 2004.

Those opposed to the damage caps, including consumer advocates and Missouri medical malpractice lawyers, say that the caps are unfair and unconstitutional. They could also be seen as restricting access to the court system, especially for people earning lower to moderate incomes. If non-economic damage awards are reduced arbitrarily to $350,000, it makes it financially unfeasible to take a case to court, a process which could cost tens of thousands of dollars in itself.

It also seems particularly unfair to limit the award given to the James Klotz since his injuries were sustained prior to the cap being in place. According to the St. Louis Post Dispatch, the argument was made before the Supreme Court that limiting the Klotz award was similar to placing a limit on damages for accident victims the day after a bridge collapse. The defense argued that lawsuits arising from that hypthetical situation were different than the actual medical malpractice case before the court.

We will be sure to follow up on this story as it develops.

January 11, 2010

Five people hospitalized after I-29 crash

Five people were injured Sunday afternoon in a two vehicle Missouri car accident on I-29.

According to the initial report filed by the Missouri State Highway Patrol, the crash occurred just before 4 p.m. as Eric Martin, 21, was traveling northbound in a 2000 Pontiac Grand Am. He was traveling faster than the 1996 Chevrolet Blazer in front of him and struck the Blazer in the rear. The force of the impact caused the SUV to travel off the side of the road, overturn, hit a guardrail and come to a rest on its side.

Martin and two passengers in his car, Jeffrey Book, 21, and John Rockwell, 21, were taken to Heartland Regional Health Center for treatment. The driver of the Blazer, Hassan Mwanabaji, 28, and his passenger, Paul Dujinja, 51, were also taken to Heartland Regional for treatment.

Everyone injured in this Missouri car wreck was wearing a seat belt.

The rear-end doctrine typically applies to rear-end collision accident cases. This states that negligence is assumed on the part of the at-fault driver. A Missouri car accident attorney would need only to prove that the doctrine is applicable in a particular 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 5, 2010

Car and tractor collide causing serious injury

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

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

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

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

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

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

doctor.jpg

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 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

cell.jpg

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

young%20driver.jpg

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

fall%20road.jpg

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 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 1, 2009

Police in Alton, Illinois forced to kill aggressive pit bull

pitbullonleash.jpg

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 23, 2009

St. Francois County, Missouri accident injures three

Three people were seriously hurt Friday evening after a Missouri car accident on Route Y in St. Francois County.

According to the Missouri State Highway Patrol's crash report, Gary Abt, 43, was traveling westbound in a 1997 Chevrolet S-10 when a second car crossed the center line in front of him. The other vehicle was a 1999 Ford Escort, driven by James Nash, 37. Since Nash was heading eastbound, the two cars collided head-on.

Abt, Nash and a passenger in Nash's car, Richard Savage, 31, were all seriously injured and flown to local hospitals for treatment. Abt and Savage were taken to Barnes Jewish and Nash was treated at St. Louis University Hospital.

No indication was given as to why Nash crossed the center line.

This multi-vehicle Missouri injury accident is still under investigation. If no other explanation is given, Nash could be considered at-fault for the wreck. Under Missouri law, if someone is injured by other person's negligent driving, they can receive compensation from the at-fault driver's insurance. Cases are not always so cut and dry and insurance companies will try to limit damage awards so it's a good idea to consult a St. Louis area personal injury attorney before agreeing to any settlement.

October 21, 2009

Taser manufacturer warns against shooting at chest

gun%20and%20badge.jpg

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

traffic_lights.jpg

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

med%20symbol.jpg

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 22, 2009

Fatal California accident car accident spurs nationwide inspections at Toyota dealers

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

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

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

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

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

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

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 11, 2009

Two injured in Missouri hit-and-run car crash

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

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

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

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

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

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

September 10, 2009

Obama suggests tort reform as a compromise in health care battle

hospital.jpg

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

1083528_danger_do_not_operate.jpg

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

workout%20equipment.jpg

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 20, 2009

Cybex Smith Machine model 5341- incomplete latching / "false engagement" and Severe Injury

Our law firm represents a young man who was severely injured while using a Cybex International, Inc. smith machine, model 5341.

We would like to hear from anyone who has experienced an incomplete latching, sometimes referred to as a "false engagement" of the hook that rests on top of the pin, which holds the bar. When a false engagement occurs, the hook actually rests on the top of the pin- not fully over it- which can cause the bar to unexpectedly fall on the user.

There have been numerous incidents of false engagements and incomplete latching with both the 5340 and 5341 models.

We would like to hear from anyone who has experienced this type of incident or knows of this type of incident occurring.

Please feel free to call us at 314-721-9111 or by email at ryan@thebradleylawfirm.com.

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.

August 18, 2009

Construction work zone crashes on the rise

construction%20zone.jpg

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

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

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

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

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

August 16, 2009

Bus filled with teenagers crashes in Dallas County, Missouri

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

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

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

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

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

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

August 10, 2009

Four-car crash seriously injures two in St. Louis

Steven Messenger, 31, and Matthew Alexander, 18, were both seriously injured Monday after being involved in a four-car injury crash on I-55 near Reavis Barracks Road.

The accident began when Juanita Roberson, 43, attempted to change lanes on the highway in her 1998 Oldsmobile Bravada. As she did so, she crossed behind Messenger’s 2001 Chevrolet Blazer and rear-ended his vehicle. Messenger’s car was forced into a 2005 Dodge Ram, driven by Jeffrey Orf, 28, that was just in front of him. The chain reaction continued as Orf was unable to avoid crashing into Alexander’s 2002 Pontiac Grand Prix.

Messenger and Alexander were the only two that suffered any injury according to the Missouri State Highway Patrol. Their injuries were listed as serious, however, and both were rushed to local hospitals for treatment.

Those involved would be wise to contact a St. Louis injury accident lawyer as soon as possible. This could be a complicated case since there were multiple collisions and injuries in different vehicles. Often in chain reaction type accidents like these, each driver is responsible for the damages to the vehicle in front of him that he hit. This is due to the rear end collision doctrine. A personal injury attorney would need only to prove that the doctrine applies. There may be extenuating circumstances not detailed in the initial crash report, however, and that is why the case should be thoroughly investigated by a legal professional as soon as possible.

August 9, 2009

Ripley County, Missouri crash injures three

Jeffrey Johnson, 23, and his two young children were injured Sunday in a Missouri head-on collision on highway 142 near Doniphan, Missouri.

Johnson was driving his 1995 Geo eastbound on highway 142 when the accident occurred. He approached a hill crest at the same time as a 2005 Ford, driven by Benjamin Ressel, 32, who was traveling westbound. As they came over the hill, they collided head-on.

Johnson was flown to St. Francis Hospital with serious injuries. His children, ages 1 and 2, both sustained less serious injuries and were taken to Ripley County Hospital. Ressel was uninjured according to the investigating officer.

Johnson was not wearing a seatbelt which probably contributed to his injuries being more severe. Fortunately, everybody else involved was wearing a seatbelt.

From a Missouri personal injury lawyer’s perspective, the first thing to notice about the initial crash report is that it offers no indication as to who is at fault for this accident. The investigating officer from the Missouri State Highway Patrol simply states that the two vehicles collided on a hill crest. He did not indicate which car crossed the center line or explain how they crashed.

Before any personal injury suit could be pursued, this basic information would need to be investigated. Crash reconstructions can look at debris patterns and tire skid marks to determine exactly where each vehicle was and approximately how fast they were traveling.

Should Johnson try to pursue damages for his injuries, the fact that he wasn’t wearing a seat belt makes no legal difference here in Missouri. Some states, though, have a seat belt defense that assigns comparative fault to people who fail to wear a seatbelt. This basically means a person can be considered partially responsible for his injuries by failing to take the necessary precautions and not buckling his seatbelt.

August 6, 2009

Further changes to legal advertising regulations may be on the way

stlcourtdome.jpg

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

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

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

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

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

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

August 5, 2009

Missouri man hit by car and seriously injured while mowing lawn

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

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

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

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

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

August 2, 2009

Five killed in St. Francois County, Missouri crash

Five people were killed late Saturday night in a two-car accident on Route OO near Farmington, Missouri.

Walter Barker, 57, and his wife Bessie Barker, 59, along with Norma Holloway, 60, were riding in one car. The other car contained Yvonne Fulton, 46, and her husband Gregory Fulton, 48.

Yvonne Fulton was flown to St. John’s Mercy in Creve Coeur where she was pronounced dead. Gregory Fulton was pronounced dead at Mineral Area Hospital. All others were pronounced dead at the scene.

The investigation into this fatal Missouri car crash is still underway, but the initial crash report filed by the Missouri State Highway Patrol indicates that Walter Barker, who was driving a 2004 Pontiac GTO, crossed the center line of the roadway as he drove northbound. Yvonne Fulton was driving a 1999 Cadillac Deville southbound and was unable to avoid the fatal head-on collision.

Walter Barker and Norma Holloway were the only passengers not wearing a seatbelt.

The St. Louis Post Dispatch report on the crash says that investigators do not believe that alcohol played a role in the crash. That being the case, they still do not know what may have caused Barker to cross the center line. If further investigation reveals negligence on the part of either driver, a Missouri personal injury attorney could be contacted by the family to file a wrongful death suit and recover damages to pay for funeral and other expenses.

July 31, 2009

Family of Missouri woman sues after I-55 crash

Photo by KTVI, St. Louis
bluff%20crash.jpg

The family of Andrea Whitehead is suing the Missouri State Highway Commission over a 2008 fatal Missouri car crash that resulted in her death.

Whitehead was driving along I-55 in June of last year when she lost control of her vehicle. She drove off the side of the roadway and, since there was no guardrail at this particular point along the highway, her car went off the side of a bluff and fell nearly 100 feet. Whitehead was killed but her two children miraculously survived.

Here is a link to our post here on the Missouri Accident Lawyer Blog when the accident happened in June of last year. We speculated then that a wrongful death lawsuit could be brought against the state in connection to this tragic incident.

The suit alleges that the Missouri State Highway Commission knew this particular stretch of highway was dangerous but was negligent in not installing any guardrail or other protective barrier. The wrongful death suit is seeks damages in excess of $25,000.

July 27, 2009

Jefferson County, Missouri car crash kills one, injures two

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

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

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

All involved were wearing a seatbelt.

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

July 26, 2009

Cell phone likely cause of serious Missouri car accident

Two people were seriously injured in a head-on collision likely caused by a cell phone call Sunday in Cole County, Missouri.

The accident, which occurred on Route B, occurred when Jeffery Anderson, 33, tried to make a phone call while driving his 1999 Nissan. According to the initial crash report, Anderson took his eyes off the road and crossed the center line into oncoming traffic. There, his car crashed head-on into a 2008 Chrysler with passengers Sylvester Redel, 80, and Juanita Godsy, 78.

Redel and Godsy were both seriously injured and taken to Capital Region Medical Center. Anderson did not suffer significant personal injury according to the investigating officer.

This accident is the type of incident that is fueling debate now over cell phone use in cars. Many groups are lobbying for a state or federal ban on cell phone use behind the wheel. These groups cite studies that claim cell phone use is an impairment to drivers on the same level as being legally drunk.

Despite the fact there is not yet a ban on cell phone use, if a personal injury attorney can prove a driver lost control of his vehicle due to talking on the phone, that driver may be considered negligent and forced to repay damages to the other drivers.

July 25, 2009

By the numbers: Facts about personal injury lawsuits

976404_numbers_1.jpg

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

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

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

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

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

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

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

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

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

July 21, 2009

Four injured in weather related accident in Jefferson County, Missouri

Four people, including two children, were seriously injured Tuesday in a two-car Missouri car crash on Highway B south of the St. Louis metro area.

The cars involved in this injury accident, a 2000 Ford Explorer and a 2009 Honda Accord, were traveling towards each other on the highway around 5 p.m., according to the Missouri State Highway Patrol. The roadway was wet and slick from rain that had moved through the area and the driver of the Explorer, Brandy Bruenger, 22, lost control of the vehicle and began to slide out of control. The SUV began sliding in a clockwise rotation and crossed the center line into oncoming traffic. The driver of the Accord, Kelly Gandy, 36, was unable to avoid the other vehicle and crashed into its driver’s side.

Bruenger and a small child in her SUV, Gerald Withers, 2, were flown to St. John’s Mercy in Creve Coeur. Kelly Gandy and a child in her car, Alexandria Gandy, 10, were taken to separate area hospitals for treatment.

Despite the fact the investigating officer cited the wet roadways as a cause of the accident, in a legal sense the drivers are still responsible. You have to be aware of road conditions and alter your driving accordingly. Sliding on a wet or icy roadway can be avoided if you follow certain precautions. Drivers that don’t follow those steps and cause an accident may be liable for damages if a St. Louis personal injury attorney is contacted and injury suit is filed.

July 19, 2009

Rear end collision injures two Missouri women

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

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

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

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

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

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

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

July 18, 2009

Missouri man killed in Johnson County car crash

Tracy McCain, 47, was killed and two others were seriously injured Wednesday in a two-car accident on Missouri Highway 13.

The fatal Missouri car accident occurred at the intersection of Highway 13 and Russell Avenue where McCain was preparing to make a left turn in his 2008 Buick. According to the Missouri State Highway Patrol, a 2005 Chevrolet driven by James Trent, 42, was also approaching the intersection. Trent was traveling at a high rate of speed and crashed into McCain’s vehicle as McCain was making the left turn.

Both cars were forced off the road and into a light pole where they came to a rest.

McCain was pronounced dead at the scene. James Trent and his passenger, Brooke Trent, 16, were both seriously injured and taken to local hospitals for treatment.

The investigating officer notes that Trent was driving his car at a high rate of speed, but does not say specifically how fast in the initial crash report. Further investigation by a Missouri car accident lawyer will be needed to determine just how fast he was traveling and how quickly McCain pulled out in front of him. Before liability can be determined and damages paid, these details must be examined.

There is also a possibility of comparative fault. In comparative fault cases, both drivers are essentially given a percentage of the blame for the accident and damages are paid accordingly. This might be the case should it be discovered that both drivers in the Johnson County crash were negligent in driving toward the intersection.

July 16, 2009

Accident on Missouri farm road seriously injures couple

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

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

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

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

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

July 14, 2009

Automakers in bankruptcy dodging personal injury lawsuits

breaklight.jpg

A disturbing side effect of the bankruptcy filings of General Motors and Chrysler is popping up across the country as well as here in Missouri. As part of their bankruptcy proceedings, both automakers will be able to dodge liability for all pending personal injury lawsuits relating to vehicles produced prior to the bankruptcy.

Reports are popping up all over the country of people’s lawsuits being essentially canceled as a result of this legal loophole. Most of these people have suffered a serious personal injury caused by any number of product defects such as tire failure, seat belt failure, unexpected fire, and airbag malfunctions.

These types of personal injury suits fall under the broader category of product liability.

Fox News 4 in Kansas City recently reported on one of these cases here in Missouri. According to a Fox 4 report, Don Wren of Liberty, Missouri had his personal injury lawsuit suspended only days before it was set to be heard in trial. Wren lost his leg in a 2004 Missouri car crash while riding in his 1994 Oldsmobile Cutlass. His lawsuit claimed that his car lacked frame rails to absorb head-on crashes, a safety feature that was standard on every Cutlass prior to and after 1994.

For the thousands of people in Wren’s position, there is little in the way of a backup plan. They will become unsecured creditors, which means GM or Chrysler will be able to pay out other larger bank debts first before even addressing the people on hold with lawsuits. Even then, the unsecured creditors will be taken care of in order of the size of their claim and will get only the bare minimum in return which may be too little, too late for people in extreme situations like Wren.

The other negative side effect, aside from thousands of innocent victims not getting their day in court, is that it provides no incentive for the automaker to recall defective cars and may actually lead to more personal injuries. Product recalls are issued by companies in response to the number of accident claims. Without these claims, the statistics won’t back up the need for a safety recall and thousands of potentially dangerous vehicles will remain on the roadways.

These large automakers are being let off the hook in a big way and those victims with serious injuries are the ones paying for it.

July 13, 2009

The Bradley Law Firm has been nominated to join The American Trial Lawyers Association

875413_balance.jpg

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

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

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

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

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

July 7, 2009

The process of hiring of personal injury attorney

law%20books.jpg

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

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

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

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

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

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

July 5, 2009

A two-boat crash on the Current River kills two Missourians

A Missouri boat accident on the Current River over the weekend killed two, including a young boy, and injured three others. The accident took place on the river near Doniphan in Ripley County, Missouri.

According to the Missouri State Water Patrol, who are investigating the crash, the accident occurred as a 2005 Blazer Utility boat, driven by Radeena Proffer, 27, was traveling downstream. At the same time, a 2003 Blazer Utility boat, driven by Chad Mikel, 26, was traveling upstream. Both drivers tried to avoid a collision, but Proffer’s boat still crashed into Mikel’s on the port side.

Jerry Mote, 11, was thrown overboard and killed. His body would later be recovered by divers a half mile down from the accident scene. Josh Burson, 25, was also killed in the accident.

Neither of the deceased was wearing a life jacket at the time of the crash.

Proffer suffered moderate injures and was taken to Ripley County Memorial Hospital for treatment. Two other passengers, Michelle Lafferty, 32, and Michael Preslar, 35, were injured and taken to local hospitals. Lafferty’s injuries were listed as serious while Preslar’s were listed as minor.

The Missouri State Water Patrol is still investigating the exact cause of the crash. If one of the drivers is found to be negligent and caused the crash, the families of the deceased and injured may be able to recover damages by contacting a Missouri boat accident lawyer.

Often, Missouri boating accidents and resulting in a wrongful death are caused by inexperienced drivers who don’t know how to react in the face of an imminent crash. No details were released as to how experienced either driver was. Neither driver owned the boat he was driving and the boats’ owners were not onboard. The first boat was owned by Drew Proffer and the second was owned by Rachel Mikel.

July 2, 2009

Nixon vetoes bill that repeals helmet law

motorcyclist.jpg

Missouri Governor Jay Nixon vetoed a bill today that would have allowed many Missouri motorcycle enthusiasts to ride without a helmet.

The bill had passed both the Missouri House and Senate and had been waiting on Nixon’s approval for several weeks. We commented on the bill in a post last month about motorcycle safety laws.

The bill would have repealed many of Missouri’s existing helmet laws and allowed anybody over 21 to ride a motorcycle without a helmet if they so choose. Under Missouri law, all motorcyclists must wear a helmet at all times to protect themselves from motorcycle injury accidents.

Nixon said he made the decision that was the most safe and cost-effective one for Missouri. He believes that more motorcyclists would die in accidents and treating the additional injuries would cause health care costs in the state to rise.

A similar bill was vetoed by former Missouri Governor Mel Carnahan in 1999.

Several studies from the National Highway Traffic Safety Administration have shown that personal injuries and fatalities related to motorcycle accidents increased in states that have limited or repealed helmet laws.

Overall, motorcycle crashes are on the rise across the country. Over three thousand people die each year due to injuries sustained in motorcycle accidents. Sometimes these are wrongful death cases where another driver doesn’t see the smaller motorcyclists and pulls his vehicle into the path of the bike causing the tragic incident.

Supporters of the bill to repeal the helmet laws say they will continue to push for their cause.

July 1, 2009

Lincoln County, Missouri motorcycle crash sends teen to hospital

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

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

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

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

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

June 30, 2009

Missouri law designed to reduce drunk driving injury accidents

A new law in Missouri will require people with multiple drunk driving convictions to install breathalyzer interlocks in their cars, according to the Hannibal Courier-Post.

These interlocks keep the car from starting until the driver breathes into a detector that measures blood alcohol content. If they are above the legal limit, the car will not start. The driver will have to re-test every 15 minutes while the engine is running to make sure the driver stays sober.

The interlock will also record data about the driver’s sobriety and driving habits and this data will be available to authorities.

About 70,000 people will be affected, according to the Hannibal Courier-Post. This includes people who have reapplied for licenses that had previously been revoked and people convicted of involuntary manslaughter for causing a fatal Missouri car crash while drunk.

The law takes effect on July 1 and the state will send out notices to all those affected.

Missouri joins Illinois, New Mexico, Arizona and Louisiana as the only states with mandatory interlock laws.

Drunk driving car accidents are a major problem on Missouri’s roads. We have commented on these tragic accidents in other posts on this blog. Alcohol is a factor in nearly half of all fatal car accidents in Missouri and roughly 500 people die each year in alcohol related crashes.

June 27, 2009

Missouri car accident kills one, injures two

Marilyn Walters, 61, was killed and two others were injured Saturday in a Missouri car accident on Highway 40 in Jackson County, Missouri.

The accident took place at the intersection of Highway 40 and Bowlin Road. Jerry Walters, 60, was driving a 2001 Saturn eastbound on Highway 40. At the same time, Richard Baldinger, 49, was traveling northbound on Bowlin Road in a 2009. Baldinger’s car broadsided Walters’ car in the passenger side.

Marilyn Walters, who was riding with Jerry Walters, was flown to Centerpoint Medical Center where she was pronounced dead. Jerry Walters was also taken to Centerpoint with relatively minor injuries. A third passenger in the Saturn, Christina Hainley, 29, was also injured, but she was taken to Research Hospital. Baldinger did not suffer any significant injuries, according to the Missouri State Highway Patrol.

According to the initial crash report on file with the Highway Patrol, this side impact injury accident is still under investigation. Charges are pending.

If charges or a citation are issued, it will go a long way towards pointing out what happened. If a Missouri personal injury attorney can prove that Baldinger was negligent and caused the accident, the passengers in the other car may be able win damages to cover medical and funeral expenses.

June 26, 2009

Three Missourians killed in Arkansas plane crash

Photo from Baxter Bulletin
akansascrash.jpg

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

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

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

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

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

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

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

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

June 24, 2009

Head-on collision injures two in Jefferson County, Missouri

A two-vehicle Missouri car accident on Dulin Creek Road in Jefferson County sent two people to the hospital this afternoon.

The two drivers that were involved were Patrick Demsko, 44, and Brian Barner, 32, both of House Springs, Missouri.

According to the Missouri State Highway Patrol, Demsko was traveling northbound on Dulin Creek Road in a 2003 Dodge Caravan when he crossed the center line of the road. Barner was heading south at the time in a 2002 Chevrolet K20. Demsko’s vehicle crashed head-on into the front of Barner’s.

Demsko was flown to St. John’s Hospital in Creve Coeur for treatment. Barner was taken by ambulance to St. Anthony’s Medical Center.

Fortunately, both drivers involved in this wreck were wearing a seatbelt.

The description of this Missouri injury accident on the Highway Patrol’s initial crash report is very brief. There are no details about why Demsko’s vehicle would’ve crossed the center line. If one of the drivers contacts a St. Louis area personal injury lawyer he will have to expand the details of crash by gathering any witnesses and possibly performing an accident reconstruction.

June 22, 2009

Three motorcycles crash into tractor

Three people suffered serious personal injury when three motorcycles crashed into a John Deere Tractor on Missouri 139 Saturday afternoon.

The accident occurred in Carroll County, Missouri as the tractor, driven by Donald Cooper, 55, entered the roadway ahead of a group of motorcycles. According to the Missouri State Highway Patrol, the first motorcycle, a 1998 Harley Davidson driven by Robert Ely, 33, crashed into the rear of the tractor. Wade Beers, the driver of the second motorcycle, attempted to avoid a collision by laying down his motorcycle and sliding off the roadway. The third motorcycle and its driver, George Pease, 52, then hit the tractor as well.

Ely and a passenger on his bike, Laura Lisby, 30, were seriously injured and taken to University Hospital in Columbia, Missouri for treatment. Pease also suffered serious personal injury, but was taken instead to Carroll County Memorial Hospital.

All riders in this motorcycle accident were wearing a helmet.

No summons information was provided by the investigating officer.

The question for a Missouri personal injury lawyer is whether or not the tractor driver negligently pulled his tractor in front of the group of motorcyclists. By performing an accident reconstruction, authorities will be able to determine the speeds of the motorcycles and just how long the drivers had to react to the tractor being in the roadway in front of them.

If the driver of the tractor was issued a summons, that would also be an indication that he was likely at fault for this Missouri motorcycle crash.

June 16, 2009

St. Louis area police officer will face lawsuit

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

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

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

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

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

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

June 15, 2009

Obama speaks to AMA, hints at restrictions on malpractice liability

707127_medical_book_2.jpg

President Obama delivered a speech today before the American Medical Association. He talked about the need for health care reform in many areas including lowering costs of medical procedures. One way this might be accomplished, according to the president, is by putting more restrictions on medical malpractice cases.

Tort reform advocates and malpractice reform supporters have long claimed that the threat of a lawsuit is a major cause of outrageous medical costs. Doctors, in fear of being sued for not being thorough enough, will order dozens of unnecessary tests for their patients. All the excess demand for things like MRI’s and EKG’s drives up the price, they say.

Obama was quick to point out that he doesn’t believe caps on malpractice awards are the solution. He said that this is often unfair to people who have been wrongfully harmed by a doctor’s negligence.

The president did say he will explore many options that will keep patient safety first, but also allow doctors to practice medicine without fear of a medical malpractice lawsuit.

From a personal injury lawyer’s perspective, I believe the consequences of reform should be carefully weighed. It’s good to hear that president Obama is not in favor of placing limits on malpractice awards. All these arbitrary limits do is keep some people from getting the help they need and take the punitive sting away from lawsuits meant to expose a negligent doctor or hospital. Limiting the types of malpractice suits allowed could have a similar effect if not handled correctly.

June 12, 2009

Two-car crash in Southern Missouri kills one

Hallie Johnson, 30, was killed Friday when the 1987 Ford Thunderbird she was riding in was hit by another car on Highway 60 in Shannon County, Missouri.

According to the Missouri State Highway Patrol, the accident occurred as John Johnson, 44, who was driving the Thunderbird, was preparing to make a turn onto Sunset Street from Highway 60. A 2006 Ford 500, driven by Sally Adams, 36, was approaching from behind. Adams attempted to pass some other traffic and struck the Thunderbird sending it spinning out into the grass. Hallie Johnson was thrown from the car.

Hallie Johnson was flown to Ozarks Medical Center where she was pronounced dead. John Johnson was also flown to Ozarks Medical Center with serious injuries. Adams did not sustain any serious injuries according to the initial crash report.

Neither Hallie nor John were wearing a seatbelt.

There are at least a couple things to learn from this tragic Missouri car crash. First, always wear a seat belt. There’s no way to know whether Hallie Johnson would have survived had she been wearing a seat belt, but her chances would’ve improved dramatically. Second, use extreme caution when passing on rural highways and roads. It’s perfectly legal to pass slower traffic on two-lane roadways, but only on stretches of road where it is safe to do so. Do not attempt to pass unless you can clearly see the road ahead of you. If are negligent in passing another vehicle and cause an accident, you and your insurance will probably be responsible for paying damages should a personal injury lawsuit arise from the crash.

June 9, 2009

Dallas County, Missouri crash seriously injures three

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

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

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

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

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

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

June 5, 2009

Missouri tractor trailer accident kills man

Robert Phelps, 77, was killed Friday afternoon after the pickup he was in crashed into the side of a tractor trailer on Highway 60 in Carter County, Missouri.

The accident occurred at a Quick Stop gas station’s driveway. Phelps was traveling westbound approaching the Quick Stop. According to the Missouri State Highway Patrol, the tractor trailer, driven by Douglas Gresham, 51, pulled out of the gas station and into the path of Phelps’ 1992 Chevrolet S-10 pickup. Phelps crashed into the trailer section of the big rig.

Phelps was taken by ambulance to a local hospital where he was pronounced dead. Gresham was uninjured.

An investigation into the Missouri tractor trailer crash is ongoing.

Should a personal injury attorney be called in to investigate the case, the biggest question would be how much time did Phelps have to react to the tractor trailer. If Gresham was inattentive and pulled the tractor trailer out in front of Phelps, he may be held liable for the accident. However, if Phelps was not paying attention, he may be considered at fault for the accident.

Authorities and a Missouri tractor trailer accident lawyer will likely look at the results of an accident reconstruction to answer these questions. Gresham’s log books will also be investigated to make sure he was following all motor carrier regulations.

June 3, 2009

Missouri helmet law revision still waiting on Nixon’s approval

1102949___motorcycle__.jpg

Missouri Senate Bill 202, a bill that would allow motorcyclists to ride without a helmet, is still awaiting a signature from Governor Jay Nixon.

The bill passed through both the House and Senate last month and will become law if Nixon doesn’t veto it.

The bill will change two motorcycle related laws in Missouri if passed. The first, and most publicized change, is that anybody over 21 will have the option to wear a helmet when riding their motorcycle. Currently, all riders must wear a helmet at all times to protect against motorcycle injury accidents.

The other major element of Senate Bill 202 that’s not getting as much attention from the media, though it’s certainly getting the attention of Missouri personal injury attorneys, is the effect the bill will have on insurance law.

Under current law, if a motorcycle was involved in an injury accident with a car, an insurance company could deny the cyclist a large portion of their insurance claim on the grounds that a motorcycle is a hazardous vehicle. Insurance companies could do this even if the motorcyclist was fault-free in the accident.

Legislators found this discrepancy unfair to motorcyclists so the bill would close this loophole and force insurance companies to treat cyclists the same as car drivers.

If signed by the governor, the law would take effect this year and expire in August 2014 giving the Missourians time to see the ramifications with regard to public safety and insurance law before renew or rewriting the law.

June 1, 2009

Head-on car accident injures six near Racine, Missouri

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

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

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

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

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

If there are no extenuating circumstances and the accident is found to have been caused by Giberti, his insurance may have to pay damages to the Weavers and Eunice Powell. Whenever someone is injured in a Missouri car accident by another driver’s negligence, the liability insurance of the at-fault driver is required to pay medical bills, lost wages, and other expenses of the injured party. Local authorities and a Missouri personal injury attorney will look at this case to determine who is to be held liable.

May 30, 2009

Missouri motorcycle accident in St. Louis County injures couple

Steven and Tina Johnson, 40 and 39, were hospitalized Saturday after the Harley Davidson motorcycle they were riding on crashed into a 1995 Buick LeSabre that was pulling out of a private drive in St. Louis County.

According to the Missouri State Highway Patrol’s investigating officer, Daniel Witte, 63, was pulling the Buick out of a private driveway onto Highway F near Lake Tickawatha. The Johnsons were riding their motorcycle southbound on Highway F and Steven Johnson tried to stop before hitting the car. He applied the brakes, but was unable to stop the bike from sliding into the car.

Tina Johnson was flown to St. John’s Mercy Hospital with serious injures. Steven Johnson was also taken to St. John’s, but he was transported by ambulance with more moderate injuries. Witte was uninjured.

The task now for authorities and for a personal injury attorney will be to investigate the scene and determine who is at fault for this accident. The initial crash report lays out the basic information, but leaves out some vital details like how fast the Johnson’s were going on their motorcycle.

If Witte was inattentive and pulled his car out directly in front of the Johnsons, he may be liable for damages and the Johnsons may be able to recover their medical fees. An investigation into this injury accident may also show that Steven Johnson was driving the bike too fast and was the one more at fault for the wreck.

One way that investigators and a motorcycle accident lawyer can get this information is by performing an accident reconstruction. By looking at the skid marks on the road and the debris patterns, experts can pretty accurately determine the speeds of both vehicles and how much time Steven Johnson had to react to Witte’s car coming into the roadway.

May 22, 2009

Multi-car injury accident hospitalizes four in St. Charles County

A complicated accident involving four vehicles on eastbound I-70 in St. Charles County, Missouri sent four people to the hospital on Friday.

The Missouri car accident began when a 2007 Ford Focus, driven by Leon Finch, 25, ran off the south outer road and through a chain link fence along the highway. Finch’s car entered the eastbound lanes of I-70 where it first struck the front of a 2009 Chevrolet Impala, driven by Patricia Ward, 57. The impact sent Ward’s vehicle into the path of Marcus Deeker, 56, and his 2001 Ford F-150.

Deeker’s pickup was towing a boat which hit another pickup driven by Timothy Steimel, 22. Steimel then hit Finch’s car and both vehicles came to a rest off the roadway.

Injuries were sustained by four people, according to the Missouri State Highway Patrol. The most seriously injured were Ward and her passenger, Catherine Wineinger, 52. Finch suffered moderate injuries and Steimel was described as having minor injuries. All four people listed on the injury report were taken by ambulance to St. Joseph’s East Hospital in St. Charles, Missouri.

Obviously this is a complicated crash for authorities for a personal injury attorney to analyze. There are many questions that need to be answered by an accident reconstruction or other investigation before liability can be determined. A Missouri car accident attorney will need to look at each individual collision, find out why Finch lost control of his vehicle in the first place and how fast all the other vehicles were traveling.

May 21, 2009

Theme park ride injury accidents: A cause for concern?

carnival%20entrance.jpg

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

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

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

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

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

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

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

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

May 20, 2009

Three injured when pickup rear-ends another vehicle

Three people were injured Tuesday afternoon when a Chevrolet pickup truck slammed into the back of an Isuzu Trooper in Phelps County, Missouri.

The Missouri injury accident occurred on Highway 63 near County Road 5340. According to the Missouri State Highway Patrol, the driver of the Trooper, Melissa Wiley, 18, had slowed to make a left turn. Tony Goodfellow, 28, was following in the pickup, but failed to slow or stop and crashed into the rear of the first vehicle.

As a result of the impact, a leaf spring on the Trooper flew open and struck a third vehicle.

Wiley’s vehicle came to a rest overturned in the roadway, and Goodfellow’s traveled off the road into a house. Both were totaled.

Wiley and her passenger, Nikki Shaw, 11, were both injured and taken to Phelps County Regional Medical Center for treatment. Goodfellow was also injured and taken to Phelps County Regional. Nobody in the third vehicle was injured.

From an injury accident lawyer’s perspective, this seems to be a simple rear end collision case. In the majority of cases, negligence is assumed on the part of the at-fault driver in rear-end collision cases. While only the basic information on this crash was released by the highway patrol, you can see that not only did Goodfellow rear end the Isuzu Trooper, he did it with enough force to total both vehicles and flip over Wiley’s vehicle.

Should a personal injury attorney be called in to investigate, the first thing he or she will do is gather more information about the speed of both vehicles and how they were both driving just before the accident.

May 16, 2009

Young Missouri man killed by hit-and-run driver

Esteban Hernandez, 19, was killed Saturday night in Laclede County when an unknown vehicle hit him on Missouri 5 and then left the scene.

According to the investigating officer of the Missouri State Highway Patrol, Hernandez was walking along the southbound lanes of Missouri 5 when he was hit by the unknown driver. He was pronounced dead at the scene a short time later when his body was discovered.

As of right now, the Highway Patrol does not have a vehicle description nor have any witnesses come forward.

Leaving the scene of a Missouri car accident, even if you do not think there were any injuries, can result in felony charges and jail time. It is grossly irresponsible to leave the scene when a fellow driver or pedestrian may have been hurt.

Hopefully the driver is found and justice is served for this tragic incident. If you have any knowledge that would be helpful in finding the hit-and-run driver, please contact the Missouri State Highway Patrol’s Troop I headquarters at (573) 368 – 2345.

To help pay for funeral expenses, Jones’ family may be able to pursue a claim on his own auto insurance policy for uninsured motorist benefits. Uninsured motorist coverage is designed to protect you should you be involved in an accident with an uninsured or hit-and-run driver, but filing the claim can be complicated. A personal injury attorney should be contacted as soon as possible to provide advice on how to properly handle these claims.

May 11, 2009

Some workers skipping out on OSHA safety training

1186104_building_plans_3.jpg

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

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

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

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

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

May 10, 2009

Wayne County, Missouri crash sends three to hospital

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

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

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

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

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

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

May 7, 2009

Two-vehicle Missouri car crash injures four

Four people were hospitalized Thursday morning when one car rear-ended another on Missouri 96 near Halltown, Missouri.

The accident occurred when Melinda Hulbert, 31, failed to slow her 2003 Saturn before striking another car, according to the Missouri State Highway Patrol. Hulbert’s car struck the rear of a 2004 GMC Sonoma and sent it off the roadway where it hit an embankment and overturned. Hulbert’s car remained in the roadway.

The driver of the second car, Sharon Evans, 45, suffered moderate injuries and was taken St. John’s Hospital. Evans’ two daughters, Misti and Krystal, 13 and 16 respectively, were both seriously injured. Both girls were also taken by ambulance to St. John’s Hospital. Hulbert suffered moderate injuries and was taken to Cox Medical Center South.

A Missouri personal injury attorney will need to review more details in this case, but from the description in the initial crash report, the Evans family may be able to recover damages for their injuries. Often, negligence is assumed in Missouri rear-end collision cases. There may be other important facts about this crash left off the initial report, though, that may affect the case.

May 3, 2009

Missouri helmet laws may be changing

1016169_speed_of_motorcycle.jpg

The Missouri House and Senate have both passed a bill that would allow motorcycle riders to ride without a helmet except on highways. The law will go into effect if Gov. Jay Nixon doesn’t veto it.

Under the current law, all riders must have a helmet at all times to protect themselves from motorcycle injury accidents.

If the new law is put in place, anybody over 21 will have the option to wear a helmet when they ride their motorcycle. According to the St. Louis Post Dispatch, 30 other states have similar partial helmet laws or no helmet laws.

Supporters of the change say riders should have the freedom to choose without the government becoming a nanny-state and legislating personal safety.

Opponents say that the costs associated with fatal and serious injuries sustained in Missouri motorcycle accidents are passed along to non-riders by increased insurance premiums and taxes.

In 2007, over 2,300 accidents involving motorcycles occurred in Missouri. 93 people were killed in these accidents and over 2,000 were injured. According to the Post Dispatch, Arkansas and Texas both saw sharp declines in helmet use after they loosened helmet laws in recent years. Fatalities in both states increased by 25 percent in the year after the laws were passed.

May 1, 2009

Fatal Missouri crash still being investigated

A Missouri car crash that killed four people on March 21 is still being investigated by authorities and the final report may not be ready for months.

The accident in question is one that we commented on involving several international students from Eastern Illinois University. The accident took place on Dougherty Ferry road when Christine Miller, 41, who was driving her car the wrong way in traffic, crashed into the side of a 1997 Honda Accord killing four of its passengers.

Miller and the driver of the second car, Nitesh Adusumilli, 27, were the only ones to survive wreck. Among the dead were Anusha Anumolu, 23; Satya Chinta, 25; Anita Lakshmi, 23; and Prya Muppvarapu, 22.

According to the Eastern Illinois University news website dennews.com, the Highway Patrol is investigating where Miller was prior to the crash. It is suspected that she had been drinking before the accident.

Miller may face criminal charges, especially if it can be proven that she was drinking prior to the crash. The information gathered in the final report could also be used by a St. Louis personal injury attorney should a civil lawsuit arise from this tragic accident.

April 29, 2009

Pit bulls attack multiple people in Columbia, Missouri

Columbia police shot and killed a pit bull after responding to reports that several people had been chased or attacked by the aggressive dogs, according to the Columbia Daily Tribune.

The calls came from Grindstone area of Columbia, Missouri. Several people called saying they had been bitten or chased, though police only assisted one man. Mark Adamson, 27, the manager for the GNC on Grindstone, was bitten and suffered injuries to his right leg. His condition was not reported by the Tribune.

Police then followed witness reports to locate two pit bulls outside the Kohl’s department store on Green Meadows Road. As the officers approached, one of the pit bulls became aggressive and came toward an officer, Harlan Hatton, according to the Tribune. Hatton fired three shots, hitting with all of them, and the pit bull was killed.

The other dog ran away only to later be brought in to animal control.

The owner of the dogs, Dakota Crites, 18, was arrested on suspicion of third-degree assault and obstructing a government operation.

Missouri law holds owners of dangerous dogs responsible for the injuries that can be caused by those animals. The most common type of animal attack in Missouri is a dog bite. Many municipalities have proposed legislation to outlaw certain breeds, such as pit bulls, to reduce the number of dog attacks. Columbia has not enacted these restrictions.

An estimated 800,000 people in the United States are treated for dog bites and an average of 20 die each year. The most common victims are children, who account for more than 60 percent of all dog bite cases.

In Missouri, owners of dangerous animals can be held strictly liable for injuries caused by known dangerous animals. This means an owner does not have to be negligent in order to be held legally responsible for injuries caused by their animal. The mere fact the dog or other animal caused an injury is enough to impose liability in a personal injury lawsuit.

April 20, 2009

Fiery crash sends four to hospital in Mid-Missouri

Photo from Columbia Tribune
boonecotruckcrash.jpg

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

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

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

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

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

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

April 18, 2009

Changes to “Missouri Plan” for judicial selection are being debated

The Missouri House of Representatives has given initial support to a plan that would alter the way Missouri selects judges for its Supreme Court and Court of Appeals.

The current plan, called the “Missouri Plan” or “Nonpartisan Court Plan”, has been in place since 1940. Under the current plan, a special commission nominates three candidates for judicial vacancies and forwards the names to the governor. This commission is made up of lawyers, residents, and the state Supreme Court chief justice. The governor then has sixty days to select one or the committee will make the selection. The judge that is selected must then stand in a retention election after completing one year of service.

The new plan being debated would add another citizen to the commission and would make the commission select four candidates to recommend to the governor. The governor could then veto the initial group of candidates and force the committee to select another. All the hearings and votes made by the commission would be made public and applicants would be posted online.

Opponents of the current Missouri Plan welcome the proposed changes and say that the current selection process gives too much power to lawyers who influence the selection process. The American Tort Reform Association and the Wall Street Journal have recently made criticisms of the Missouri Plan.

Supporters of the current system say that those asking for reform only want to target the Missouri Association of Trial Attorneys. Tort reform groups seem to view “trial lawyer” as a nasty term and work to limit the damages that can be awarded by personal injury lawsuits among other reforms. Rep. Steve Brown (D-St. Louis) was quoted in a MissouriNet report asking for reformers to name just one unqualified judge selected by the plan.

The proposal for changes would need to be approved by the senate and go to a vote of the people before taking effect.

April 15, 2009

Tractor trailer driver charged with fatal crash

Photo from STLtoday.com
truch%20crash%2040.JPG

Jeffrey R. Knight, 49, was charged with three counts of involuntary manslaughter for a massive tractor trailer crash on highway 40 last year, according to the St. Louis Post Dispatch.

The crash, which we’ve previously commented on, killed three people and involved 11 vehicles, including Knight’s tractor trailer. 15 others were injured.

According to officials, Knight was distracted by his cell phone just before the fatal St. Louis area crash. He had reached across his dashboard to pick it up and when his attention returned to the roadway, his tractor trailer was right upon a line of cars that had stopped for traffic.

Knight had a clean driving record prior to this accident and tests concluded that neither drugs nor alcohol were involved.

April 13, 2009

Chemical plant explosions seriously injures man in St. Charles

Photo from STLToday.com
plantexplosion625apr13.jpg

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

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

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

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

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

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

April 7, 2009

Missouri woman killed after two pickup trucks crash

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

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

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

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

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

April 5, 2009

St. Louis man never charged after fatal car wreck

gavel.jpg

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

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

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

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

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

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

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

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

March 31, 2009

Kahoka, Missouri crash seriously injures two

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

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

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

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

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

March 29, 2009

St. Charles, Missouri woman drowns after slipping and falling into condo lake

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

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

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

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

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

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

March 12, 2009

Illinois train accident kills St. Louis woman

Heather Sheree Balven, 31, was killed Thursday morning after driving a pickup truck in front of an Amtrak train in Hartford, Illinois.

According to a St. Louis Post Dispatch report, Balven was driving east on 7th street when her truck was hit by the train. The crash occurred around 7:23 a.m.

Investigators pronounced Balven dead at the scene. None of the train's passengers or crew were injured, according to the Post Dispatch.

Toxicological tests for alcohol and drugs in Balven's system have been submitted to authorities, but no results have been released. Information from the train's on-board monitoring system will also be examined.

The train had left St. Louis and was on its way to Chicago.

According to the Post Dispatch, the crossing where the injury occurred does not have a gate, warning lights or bells. It only has an x-shaped warning sign. That particular stretch of track is owned by Kansas City Southern.

This is the third Amtrak incident in the last few months. Fortunately, the last couple incidents did not result in any fatalities. 15 people died in vehicle-train crashes in 2008, according the Post Dispatch.

If any train accident investigation determines that negligence on the part of one of the parties led to a serious injury, a personal injury attorney will be called to try and win damages for the injured.

March 9, 2009

Personal injury law terms

After practicing personal injury law for years, the commonly used terms become second nature. If you’ve never had to deal with a personal injury suit before, however, I can see how all the terminology can be daunting. Here’s a brief list of terms that have been used on this site or ones that are often asked about. I’ll complete the list in another post.

Ad Litem: One of many Latin legal terms, it means for the purpose of a lawsuit. An example would be a guardian “ad litem” that is appointed to a minor in a case.

Affidavit: A written statement confirmed under oath. Witness affidavits are often used in civil cases.

Alternative Dispute Resolution: Ending a dispute without taking it to trial. Most commonly you hear about cases reaching a ‘settlement’, but this may also include mediation, conciliation and arbitration.

Civil Action: Pretty much all non-criminal actions or cases. Civil trials are between private parties or businesses that are suing to enforce their rights or redress a wrong.

Class Action: A suit where the plaintiff is a representative for a large group of people. These kinds of lawsuits are used when it would not be practical for each individual of the group to come to court. Often this is used in product liability or premises liability cases.

Comparative Negligence: A case where two or more injured parties were negligent and bear some responsibility. An example would be a car accident where both drivers ran a stop sign.

Disability: In personal injury law, a disability is a condition that prevents an individual from performing a certain act. Loss of wages from not being able to work due to disability is taken into account in injury trials.

Fiduciary: A guardian, trustee or some other person with a legal relationship of trust that has a duty to act on another’s behalf.

Gross Negligence: Reckless disregard for the safety of another person or another person’s property. Intentionally failing to take the necessary steps to prevent an injury to another person.

Hearsay: A statement from a witness who heard about the incident second hand and did not actually see anything for him or herself. This is usually not admissible in court.

Indemnify: Restoring a victim with a loss by awarding money or repairing damages.

March 7, 2009

Release of all claims after an accident

332157_contract.jpg

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

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

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

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

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

February 18, 2009

Drunk New Yorker awarded $2.3 million after being run over by train

954130_metro_2.jpg

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

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

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

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

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

February 16, 2009

Another lawsuit filed in fatal crash between deputy and firefighter

Joshua Douglas, a volunteer firefighter, has filed a personal injury suit against Greene County Deputy Gary McCormack and the sheriff’s office for a 2007 crash, according to the Springfield News-Leader.

The suit is a reversal of a previous suit where McCormack’s family filed a wrongful death suit against Douglas and the Ebenezer Fire Protection District.

McCormack himself was killed in the crash.

According to the News-Leader report, the crash in question took place in the early morning hours of October 6, 2007. Both Douglas and McCormack were responding to an emergency call and were racing toward the scene. They collided at the intersection of County Road WW and Farm Road 145.

Douglas alleges that McCormack was driving at excessive speeds and did not yield to Douglas’ vehicle.

The News-Leader also reports that a Missouri Highway Patrol crash reconstruction report has already been completed saying that Douglas was responsible for the crash. The report says it was Douglas who should have slowed at the intersection and his failure to slow at the stop sign led to the accident.

Douglas’ personal injury lawyer says that report is an opinion and that McCormack’s excessive speeding was the dominant factor in the accident.

February 10, 2009

Parents can sometimes be held liable for personal injury caused by children

1063442_a_bottle___.jpg

Authorities have been cracking down on parents who let their children drink and drive, according to a CNN story.

Many states allow parents to serve their own children small amounts of alcohol without penalty. Whether it be for religious reasons or simply a dad allowing his son to taste a beer, state laws rarely overrule the parents on this issue.

Where this becomes a problem is when the parents don’t show any restraint and are negligent in the amount of alcohol they allow a child to consume. Allowing a child to become intoxicated is grounds for child abuse in many cases, and a parent may be found criminally negligent if the child is allowed to drink and drive with the parent’s knowledge.

Missouri has some of the more lenient alcohol laws in the country. Social host laws, where the server of alcohol may be held partially responsible for the actions of those being served, don’t find as much traction here as in other states.

That being the case, a parent may find himself facing charges or a personal injury lawsuit if he allows his child to drink and drive.

Advocacy groups like Mothers Against Drunk Driving point to Missouri’s leniency regarding alcohol when discussing the number of alcohol related traffic deaths in the state. Missouri has some of the highest rates of drunk driving deaths in the country with more than 500 fatalities a year.

Since the laws in every state vary so radically on alcohol consumption, if you are injured by a drunk driver it is important to consult a personal injury lawyer with many years experience with your particular state’s laws.

February 5, 2009

Man charged with drunken driving after fatal Illinois accident

Photo from KMOV
drunkdriver.jpg

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

The report says that Keene got on the highway going the wrong way and crashed into a car killing a woman and her friend as well as one of her two children. The names of the victims have not yet been released.

Keene and the other child were in serious condition after the accident.

Keene was charged with three counts of reckless homicide, aggravated drunken driving and aggravated reckless driving.

The Post Dispatch reported also that this is not the first time Keene has had problems with alcohol behind the wheel. He has been convicted six times for various drunken driving crimes and had his license revoked in Illinois and Missouri.

What happened was tragic and all the more so because it could have been avoided. With Keene’s record, it’s hard to see how he was able to get behind the wheel at all. He could be facing significant jail time from criminal charges and lots of damages from a civil lawsuit should an Illinois personal injury attorney be called in to investigate the case.

In drunken driving cases, both a criminal case and a civil suit may result where a driver is sued for damages in separate proceedings. DUI accident cases require an extra level of knowledge, so anyone injured in a drunk driving accident should make sure to find a car accident lawyer that has experience with DUI cases.

January 30, 2009

Two Missouri women seriously injured after trailer accident

Two Richmond, Missouri women were hospitalized with serious injuries Friday after their car crashed into a trailer that had become unhitched on Missouri Route O.

According to the Missouri State Highway Patrol’s initial crash report, Kelly Lee, 42, and Jacey Lee, 19, were traveling northbound on Route O in a 1996 Chevrolet. A trailer that was being towed by Taylor Earnest, 47, who was traveling southbound in a 2004 Ford, became unhitched. The loose trailer then crossed lanes and collided with Lee’s vehicle.

Both Jacey and Kelly Lee sustained serious injuries and were rushed to Centerpoint Hospital.

According to the investigating officer’s notes, no arrests were made and there was no mention of a citation being issued at the scene.

The Lee’s would be well advised to contact a Missouri auto accident lawyer to help them with their case. Drivers are liable for anything that may come off their car while on the roads. Any trash or large debris that falls off the back of a car can cause serious personal injury. Many times, though, the driver at fault simply leaves the scene because he didn’t want to deal with cleanup or simply didn’t realize he lost the debris. In this case, the driver who lost the trailer apparently stopped and was cooperative, but he still may be liable for damages. More investigation by a personal injury attorney will be necessary to determine whether Earnest was negligent in hitching his trailer or if there was some mechanical failure that caused the hitch to break.

January 25, 2009

Common myths about personal injury law

gavel.jpg

There are a lot of myths and half-truths floating around about personal injury law. Usually these so-called “facts” are based on second and third hand stories of lawsuits and bad advice from unqualified advisors. Perhaps there’s even been too much Hollywoodizing of the legal process.

Wherever these myths are born, they can steer people in the wrong direction and bad legal advice can cost people money they desperately need to pay for medical bills after an accident.
Here are some of the most common myths:

Myth: Filing a personal injury claim will result in a long and hotly contested legal battle.

Fact: A lot of personal injury claims don’t even make it to the courtroom. Most are settled out of court and often within a year since the claim was first filed. Only complicated cases take longer than a year and those types of cases are rarer than you might think.

Myth: If you know you were not at fault, you will be compensated for your injuries.

Fact: Knowing you deserve legal compensation is not the same as proving you deserve legal compensation. You could be totally right and deserve to have damages paid, but if you do not seek the legal counsel of an experienced personal injury attorney, you could be in for trouble. A qualified lawyer who knows the laws of your state will be your best bet to represent you against the insurance companies.

You should also contact a lawyer even if you believe you were at fault. Many states have systems of proportional liability meaning in the eyes of the law, multiple parties contributed to the accident or injury. In some cases you may still receive compensation.

Myth: You have to wait to receive medical attention until you file your claim.

Fact: I’m not sure where this rumor started, but it’s wrong for two very important reasons. First, you shouldn’t wait in suffering from injury or illness caused by another’s negligence. Go get help! The other reason is that if you delay treatment, it may affect the outcome of your case. Your treatment should be handled quickly and in a manner appropriate for the injury.

Myth: Personal injury lawsuits will get you millions of dollars.

Fact: This is a myth that is probably started by the excessive amounts of media coverage given to a small number of exceptional cases. The overwhelming majority of cases are not multi-million dollar blockbusters. Personal injury lawsuits are not “get rich quick” schemes. They are designed to help people cover medical expenses after traumatic injuries and occasionally assess punitive damages to deter future injury.

Myth: You don’t really need a personal injury lawyer.

Fact: Some people choose to simply go it alone and accept the amount offered by insurance companies. You should know, though, that an insurance company is going to look out for itself and may not pay you the amount you’re entitled to. Even if you aren’t sure you want to hire a lawyer, you should consult one before you make any decisions just to make sure you know all your rights. Many firms, like ours, offer free consultations. We also don’t take any up front payments. We only take a fee if we are successful in representing your case.

Myth: You only have ___ years to file a lawsuit.

Fact: Statute of limitation laws vary from state to state and depend on the type of claim you are seeking. Refer to this article we published on our website for some basic information and if you still have questions, feel free to contact our office.

January 19, 2009

Common car insurance questions

570770_metal.jpg

The second thought that goes through many people’s heads after a car accident is usually related to insurance. The most important thing after an accident, of course, is to make sure that you and anybody involved is treated for injuries, but soon the questions start to rise. How much is this going to cost? Am I covered for this? How do I find out if I’m covered?


Here is a list of some of the most common car insurance questions:

Are others covered if they drive my car?

Am I covered if I drive someone else’s car?

I just purchased a new car and got in a wreck. Am I still covered even though I hadn’t called my insurance company to let them know about the new car?

Are items inside my car covered if someone steals my car or a thief breaks into it?

What happens if somebody without insurance hits me?

The answer to all of these questions is…it depends. Many car insurance companies are different and the laws regarding minimum coverage change from state to state. The best way to find out is to examine your policy or call your agent before you get into an accident.

If you are involved in a Missouri or Illinois car accident and still don’t know the answer to these or any other questions, there are people that can help you. You should immediately contact a car accident or personal injury lawyer that is well versed in the specific laws of your state. Bring any information with you that you have on your policy and your attorney will help navigate the details. The important thing is to ask for help. Don’t try to go up against an insurance company if you only think you understand the policy.

January 11, 2009

Investigation into 2008 Missouri tractor trailer crash almost complete

Photo from STLtoday.com
truch%20crash%2040.JPG

A six-month investigation into a gruesome tractor trailer crash on Highway 40 is nearly complete, but some details are already being released by the media.

The accident in question was one we reported on last July where a tractor trailer crashed into a line of cars stopped in traffic on Highway 40 near the I-270 interchange. A total of 10 cars were crushed or knocked aside by the powerful truck and the accident resulted in three deaths and 15 injuries.

An investigation is ongoing, but according to a St. Louis Post Dispatch story the Missouri Highway Patrol has already finished its 140 page report. In it, the Highway Patrol said the truck driver, Jeffrey Knight, was inattentive and distracted by a cell phone. Knight said he reached across the dashboard to grab his cell phone just before the accident. This goes with other media reports that were released at the time of the accident that said Knight was distracted before the tragic Missouri crash.

The Post Dispatch also said the Highway Patrol reviewed Knight’s log books and ordered a federal audit of Holmes Transport, the company that employed Knight. Several motor carrier violations were found, according to a Highway Patrol spokeswoman quoted in the Post Dispatch.

No charges have been filed and one more report from an investigating officer must be filed. If all these claims turn out to be true, Knight could be prosecuted for criminal negligence. He and his company are already the target of civil lawsuits as five victims of the crash have contacted tractor trailer accident attorneys.

January 1, 2009

Jefferson County fire kills three people

Photo from STLToday.com
fatalfire625jan01.jpg

Three Jefferson County residents, a father and his two children, were killed Friday morning in a fire at their house.

According to a St. Louis Post Dispatch report, the fire broke out sometime before 4:45 a.m. at the home of James and Deena Manning near DeSoto. The fire caused several explosions that woke the couple up and they fled the house. James Manning ran back into the home to rescue their children, ages 11 and 7, but the house was quickly engulfed in flames and James Manning and the two children were killed.

Deena Manning is in critical condition at St. John’s Hospital.

The explosions were likely caused by propane tanks used for a barbecue grill, but investigators don’t believe that’s how the fire started, according to the Post Dispatch. State Fire Marshall workers have been called in to investigate the cause of the fire.

The death of these three people is certainly a tragic event, but the heroism showed by James Manning to re-enter the house is especially moving. Hopefully the cause of the fire can be identified so that future tragedies like this can be avoided.

No details about how the fire could have started have been released, but James Manning’s job involved inspecting fire alarm systems so one could assume that he was knowledgeable about fire safety. This could mean that the fire was started by some unforeseen electrical malfunction or some other sort of malfunctioning device in the house. If investigators find that some negligently installed wiring was the cause, Deena Manning may be entitled to compensation. Anyone injured in a fire injury should contact a St. Louis personal injury attorney to investigate their case and learn their rights.

National Fire Protection Association statistics say that more than 3,000 people die in fire accidents each year and 15,000 suffer serious injury. A vast majority of these accidents occur in homes. Everybody should make sure that they have smoke detectors on every floor of their home as well as extra detectors around bedrooms. Heaters, lamps, and fireplaces are often the cause of fires and should be checked to make sure they do not become a hazard. Again, if you are injured in a fire accident, finding a Missouri personal injury lawyer as soon as possible is very important because you may be entitled to compensation and valuable evidence may be lost if you wait too long.

December 8, 2008

Amtrak train headed for St. Louis crashes, partially derails

Photo from STLToday.com
<amtrakbrighton460dec8.jpg >

An Amtrak train bound for St. Louis crashed into a tractor-trailer truck that had gotten stuck on the tracks near Brighton, Illinois on Monday morning.

Ten people, including the train’s engineer, were injured in the Illinois train wreck and taken to local hospitals. All of the injuries were considered relatively minor, though four people were unable to walk from the train under their own power immediately after the accident, according to a St. Louis Post Dispatch report.

The train hit the truck’s trailer that was blocking the crossing. The truck driver, Dustin Kroeschel, 24, was able to jump to safety before the crash.

Several of the train’s cars left the track, but thankfully none of them overturned or were terribly mangled.

Fortunately nobody was seriously injured or killed, but this incident should be investigated by local authorities, the trucking company, and an experienced Illinois train accident lawyer in order to prevent similar, and potentially more disastrous, accidents in the future,

December 1, 2008

Protect yourself from dangerous winter conditions

Icy%20Fence.jpg

With winter approaching (or already here as some Missourians who just received several inches of snow over the weekend would say) we must prepare for the potential hazards that ice and snow presents. Icy walkways can be dangerously slick, and while that statement might seem obvious, millions of Americans suffer serious injuries every year because they slipped and fell.

Slip and fall injuries
Slip and fall injuries, from a personal injury law perspective, covers all cases where someone slips or trips because of a dangerous condition such as ice or shoddy construction. The Center for Disease Control and Prevention tracks non-fatal injuries and reports that over 8 million people were injured in slip and fall injuries last year, and this number is pretty consistent from year to year. Elderly people are at a higher risk with nearly double the injury rate than people aged 18-40.

If you slip and fall on someone else’s property, they may be responsible for paying for your injuries. In the winter, this most commonly occurs when a public walkway is not properly salted or cleared of ice.

This area of personal injury law can sometimes become an area of ridicule or where accusations of frivolous lawsuits arise. While I’m sure there are cases where greed overtakes common sense, the vast majority of slip and fall personal injury lawsuits are cases where a person suffered serious injuries like broken bones or head trauma and the property owner was grossly negligent. Property owners should be held accountable if they knowingly allow others to walk on unsafe or hazardous ground.

Protect yourself – Know what to do if you’re injured
If you are injured on someone else’s property, either private or public, information and documentation are your best friends. Write down an account of the incident as well as take photographs of the area as soon as you can. Get the names of any witnesses as well as the names of the land owner or manager. Make sure you notify the property owner of the injury and get a copy of their documentation of the incident.

Don’t wait to see a medical professional. See your doctor or go to an urgent care center if the injury is more serious. You could have suffered a sprain or done internal damage that is not immediately noticeable, but could turn into a lasting injury if not spotted right away. If you would need to seek damages by way of a personal injury lawsuit, the quicker your injuries are documented by a medical professional, the better.

If you believe you’ll need legal help to deal with the incident, you should quickly consult a personal injury lawyer that’s experienced in slip and fall injuries. Wait too long and your case might be thrown out because you’ve exceeded the statute of limitations.

Prevention is always the best, but even the most careful person can become a victim of a dangerous situation. Don’t wait to get the help you need after an accident.

November 16, 2008

Accidents on the rise in St. Louis since Highway 40 closure

urban_traffic.jpg

A recent St. Louis Post Dispatch report, which analyzed data from the Missouri State Highway Patrol, shows that Missouri car accidents are on the rise on Interstate 44 in the St. Louis area since the construction on Highway 40 began.

The report suggests that the narrowing of lanes on I-44 to accommodate the extra traffic has caused a 27 percent jump in injury accidents over the first half of 2008 as compared to the first half of 2007.

While injury accidents were rising, the number of fatal crashes fell over that same period. There were two fatal crashes on the local stretch of I-44 in the first half of this year compared to seven in the first half of 2007, according to the Post Dispatch.

Standard highway lanes are 12 feet wide or wider. Since the Highway 40 construction began, the lanes on I-44 were cut to 11 feet wide.

Just as St. Louis drivers have gotten used to the change in the highway system, the second phase of the Highway 40 construction will once again alter traffic patterns. On December 15, the western portion of Highway 40 will open and the section from I-270 to Kingshighway will close.

We urge you to take it slow on the highways these next couple months and to always wear your seatbelt. The highway switch may alter your normal commute and when you mix in winter weather, the risk of a serious crash is greatly increased.

If you are involved in an accident on any Missouri highway, one of the first things you should do after seeking medical attention and exchanging insurance information is to contact a personal injury lawyer. Highway collisions can be very complicated cases and the counsel of an experienced attorney will ensure that you receive the help you need to cover any medical expenses that resulted from the crash.

November 7, 2008

School bus crashes in St. Louis

Photo from KSDK.com
school%20bus%20crash.jpg

Eight children were taken to Cardinal Glennon Children’s hospital today after a bus crash, according to numerous area media reports.

The bus crashed into a telephone pole on the corner of Broadway and Lafayette at approximately 8 a.m.

While the children were taken to the hospital as a precaution, it appears that most of the injuries are relatively minor neck and back injuries. Thankfully no serious injuries were reported, but neck and back strains, like whiplash, can be very painful.

No word has been released on what caused the bus accident and no names of people involved were released by authorities.

If more information is released, we will post it here.

October 23, 2008

Medical Malpractice and Tort Reform Myths

1080174_stethoscope_1.jpg

Proponents of tort reform and damage caps on malpractice cases would have you believe that these are steps to improving the health-care industry. They spread many myths and half-truths about how they are lowering costs and saving doctors. In reality all these measures do is tamper with the natural legal process and leave some severely injured people without the means to pay for their recovery.

Here are some of the biggest myths about medical malpractice reform:

Myth: The costs of malpractice insurance and the risk of potential lawsuits are decreasing the number of doctors by driving people away from the profession.

Fact: The number of doctors is increasing.

No matter what area of medicine you examine, the number of new doctors is increasing. The number of emergency room doctors has doubled since 1990 and is now approaching 30,000. The number of neurosurgeons is up 20 percent and the number of OB/GYNs is up 25 percent.

Myth: Caps on damages are needed because most malpractice payouts are undeserved, multi-million dollar awards.

Fact: Medical malpractice damages are not sky rocketing with most payouts nowhere close to the cap.

The idea that most malpractice lawsuits will pay out millions of dollars is simply not true. There are highly publicized exceptions where a plaintiff may receive a multi-million dollar award, but these amount to a small percentage of malpractice cases overall.

In Missouri, the median payout is $150,000, well below the limit. All the caps do is keep those people injured in exceptional cases from receiving enough to pay for their recovery.

Myth: Capping the payouts on malpractice cases will save doctors money on malpractice insurance.

Fact: The cost of malpractice insurance has increased in several states after damage caps were enacted.

In South Carolina, insurance companies raised their rates by as much as 22 percent mere months after damage caps were enacted. Texas insurers also sought to increase premiums after passing malpractice limits.

The idea that malpractice reform will save the medical industry much money at all is a stretch as the cost of litigation fees, payouts and insurance is less than half of one percent of the total health-care spending the U.S. Even if the limits worked the way tort reform advocates say, the benefit to the health-care industry would be miniscule.

Myth: The caps are high enough to cover the expenses of those wrongly injured.

Fact: In some cases of serious injury, the limit is not high enough.

As stated above, most of the malpractice claims are well below the limit. Sometimes, though, the limit is simply not enough to cover the costs of injuries that may affect someone the rest of their life. To arbitrarily place a limit on damages and leave some people without the means to recover is morally wrong.

To make matters worse, the damage caps in Missouri used to rise with inflation and income rates, but a bill in 2005 eliminated the need for the state to reassess the caps every year. As a result, the limit on malpractice awards has not risen since.

The only way to truly reduce medical costs is to reduce the number of actual malpractice injuries. This is done by making hospitals and doctors accountable for any injuries they cause and not by letting them off the hook in the most egregious of cases.

October 17, 2008

Missouri Law – Statute of Limitations

scales%20justice.jpg

When someone is considering taking legal action for a personal injury they received, one of the issues that must first be examined is the statute of limitations that applies to their case.

A statute of limitations is essentially a time limit in which legal action must be taken after some wrongful or negligent conduct causes injury. Once this time limit has passed, the injured party forfeits their right to pursue damages.

The length of the statutory period varies from situation to situation. For injuries resulting from negligent conduct, injuries to personal property, and product liability cases the period is typically 5 years. Medical malpractice and intentionally caused injuries have a shorter statutory period of 2 years. Since several statutes could apply and some cases may have special exceptions, it is wise for any injured party to contact a personal injury attorney as soon as possible.

For personal injury cases the statutory period usually starts on the day of the injury. Exceptions may be made in situations where the victim is incapable of pursuing legal counsel such as cases where the injured person is a minor or mentally incapacitated. In these situations the statutory period is placed on hold, or “tolled,” until such a time as the victim becomes capable of filing suit.

This is by no means an exhaustive explanation of Missouri’s statute of limitations. Laws are constantly changing and every state has their own statute of limitation laws. For a more thorough examination of your case and the statute of limitations that apply, you should contact an experienced Missouri personal injury lawyer.

October 14, 2008

Woman involved in Highway 291 crash dies

A sad update to a story we reported on earlier. Denise Greene, 44, of Greenwood, Mo. passed away after battling with injuries sustained in a wreck over the weekend.

Adam Maze, 19, who was also involved in that crash, remains hospitalized with serious injuries.

The investigation into the accident continues.

October 13, 2008

Victim remains unidentified after 10-vehicle crash near Joplin

Photo from OzarksFirst.com
Joplinpileupfire.jpg

Authorities are still trying to identify one of the victims killed Wednesday in a 10-vehicle crash on I-44 near Joplin. The Missouri accident, which involved two tractor-trailers, killed two and injured five others.

The unidentified male was badly burned by fires that broke out as a result of the accident. Authorities are attempting to use dental records to identify the victim and his name could be known later this week, according to the Springfield News-Leader.

According to the Missouri State Highway Patrol, the chain-reaction crash occurred because a dense fog had formed along that stretch of I-44. A line of cars had slowed because of the limited visibility when the two tractor-trailers crashed into the line of cars and ignited the fire.

Anthony Embrey, 41, was one of two people killed by the crash. He was in one of the first vehicles hit by the tractor-trailers.

The crash report listed five other injures, including serious injuries to Bernave Esquirel, 52; Julie Allison, 41; and Ricky Allison, 62. The serious injuries were treated at St. John’s Hospital in Springfield with the Julie and Ricky Allison's injuries being so severe, they were air lifted to the medical facility. The other, less severely injured victims sought treatment at various local hospitals.

The tractor-trailer crash has already sparked discussion about the safety of area highways. The Joplin Globe published an editorial challenging the Missouri Department of Transportation to examine whether more safety measures are needed to protect motorists in severe fog. The editorial points out that flashing lights are used on I-70 in Rocheport to warn motorists crossing the Missouri River of dense fog. Other states have also installed automated warning systems to help prevent crashes in low visibility fog situations.

September 24, 2008

Missouri Highway Patrol completes major crash investigation

The Major Crash Investigation Unit of the Missouri State Highway Patrol completed an investigation into a March 21, 2008 tractor-trailer crash that killed three children south of Rolla, according to the Rolla Daily News.

The accident occurred when a 2003 Freightliner tractor-trailer, driven by Alvin Lewis, 38, rear-ended a 1989 Ford Tempo on Highway 63 near Edgar Springs. Riding in the car was Mark T. Barton, Christina E. Miess, and Miess’ three children.

Christel Miess, 12; Gracey Miess, 5; and infant Gaberielle Miess were all killed in the crash.

According to the Rolla Daily News, the 117-page report details the events leading up to the crash where the Miess family stopped in a construction zone before being struck by Lewis’ tractor-trailer. The information in the report has been given to local prosecutors and will be used should a criminal trial or a personal injury suit arise from the incident.

While no charges have yet to be filed, the Daily News report suggests that Phelps County Prosecutor Courtney George is likely to seek charges of careless and imprudent driving or even manslaughter.

September 18, 2008

Lawsuits filed against former Missouri insulation factory

Five lawsuits have been filed this month against numerous companies and people associated with Rockwool Industries, a company that manufactured insulation, for allegedly contributing to dozens of illnesses in Cameron, Missouri.

Rockwool Industries, which closed in 1991, operated a factory near the city of Cameron that used various chemicals and industrial procedures to turn iron into fiber insulation.

As many as 68 area residents have reported cases of brain or nervous system tumors and the Missouri Department of Health and Senior Services is investigating the area to see if there is any connection between the factory and the residents’ health problems.

Samples of soil and water are being tested for a number of harmful contaminants, but so far no chemical has been found in high enough concentration to cause any ill effects to humans.

This type of personal injury suit is considered a premises liability case. These types of cases allege that a property owner failed to maintain a safe environment on their property and that the unsafe conditions lead to an injury or illness. The Cameron case deals with chemical expose, but premises liability cases can involve falls on uneven sidewalks, poorly constructed buildings, or any number of environmental hazards.

Whenever someone is injured by a property hazard, the most important thing to do after seeking medical treatment is to contact a personal injury attorney that handles premises liability cases. There are statue of limitations issues that may keep you from recovering damages if you wait too long to file a suit. If you believe you have been exposed to hazardous chemicals in any way, it would also be a good idea to keep documentation of how many times and for what duration you were exposed.

September 16, 2008

Missouri plane crash launched investigation into skydiving industry

202012_parachute_landing_area.jpg

The National Transportation Safety Board released a special report Tuesday that identified numerous safety issues with the skydiving industry.

The report was in response to several recent tragedies across the country involving malfunctioning parachutes and poorly maintained planes used to launch the parachutists. One of these incidents was a 2006 plane crash in Sullivan, Mo. that killed six people.

According to the report, while public perception is that the jump is the most dangerous part of skydiving, a large percentage of the accidents were the result of improper plane maintenance, lack of pilot training, and inadequate FAA oversight and surveillance.

Approximately 3 million parachutists fly every year. Since 1980, 172 people have been killed in airplane accidents unassociated with the actual jumping and deploying of the parachute. Parachute malfunction or skydiver error during the jump only accounted for 30 deaths during that same span.

The Sullivan crash that prompted the investigation was also detailed in the report. In that incident, a de Havilland DHC-6-100 plane, operated by Skydive Quantum Leap, crashed shortly after takeoff. The NTSB determined that the probable cause was the pilot’s failure to maintain airspeed after losing power in the right engine.

The Board recommends more safety restraints within skydiving planes as well as more comprehensive pilot training and FAA surveillance. Many of the pilots involved lacked necessary training to spot potential mechanical failures.

All skydivers accept the risk associated with their sport every time the go in the air. This does not mean, however, that skydiving companies are free from all legal obligations to ensure a safe flight and jump. Improper plane maintenance and pilot error are unacceptable and are the leading causes of plane tragedies in Missouri.

If you would like more information about personal injury law as it relates to aviation, visit our website. If you have specific questions about your case, contact us at The Bradley Law Firm.

September 9, 2008

Hulshof supported by big business, dismissive of severely injured

gavel.jpg

A story released in the St. Louis Post Dispatch outlined the sources of campaign contributions to the candidates in Missouri’s race for governor. As expected, Republican Kenny Hulshof is supported by big business and large pharmaceutical companies, while Democrat Jay Nixon is seeing a lot of support from the legal community.

The principle reason for this is the candidates’ stances on tort reform, an issue that has been discussed several times on this blog. Supporters of tort reform, like Hulshof, aim to restrict the legal process and limit the amount of damages that can be awarded in lawsuits. Tort reformers argue that this will limit frivolous lawsuits and lower costs for consumers, but opponents argue that severely injured people are left without the help they deserve to pay for medical expenses.

The Post Dispatch reports that Hulshof regularly uses the title “trial lawyer” as an insult and claims that personal injury attorneys are basically ambulance chasers. This opinion seems particularly dismissive of a group of people that aim to help the sick and injured receive the help they need when wronged by the negligence of others.

Hulshof has already supported limits on damages in civil cases, according to Post Dispatch, and has made it difficult to have cases be heard by judges who were likely to award large settlements.

Once the race is decided, the new governor will appoint judges that will either support the rights of injured citizens or continue to let big business off the hook.

You can go here to read the full Post Dispatch report. You can also view the resources section of our website for more information on Missouri and Illinois attorneys.

September 3, 2008

Tips for dealing with insurance companies after an accident

Car%20wreck%20insurance.jpg

After a Missouri car accident, one of the first things you should do is exchange insurance information with others involved in the crash. Dealing with insurance companies is a large part of what happens after an accident.

If someone is injured in a Missouri wreck, the liability coverage of the at-fault driver is used to pay for any medical bills, lost wages, pain and suffering, and disability caused by the accident. In Missouri, the limits on liability insurance coverage are $25,000 for a single injured person or $50,000 for all injured in a single wreck. This means that if someone causes an accident injuring one other person, his liability insurance would cover up to $25,000 of damages. If the accident injured more than one person, the liability coverage would pay up to $50,000 total for everyone that was injured. If the cost of the injuries surpasses the limit, the difference must come from the pocket of the at-fault driver.

While it is the law in Missouri and Illinois that all drivers must have liability insurance, some accidents are still caused by uninsured drivers. To protect those injured in these cases, all insurance policies automatically come with uninsured motorist coverage. If you are injured by an uninsured motorist, you can make a claim against your own insurance company to collect damages to pay your recovery costs.

Uninsured motorist coverage also protects you against hit-and-run drivers, even if you were a pedestrian at the time of the accident.

Unfortunately, sometimes insurance companies put their own bottom line over the health and well being of an injured driver. They will often call you after an accident asking for a statement and they can use that information to limit the damages they pay. For this reason, it is important that you consult a personal injury attorney before speaking to an insurance company after an accident.

If you have more questions about insurance claims after an injury accident, please visit our website for more information.

August 28, 2008

Police Taser kills Moberly man

Stanley James Harlan, 23, is dead after a police officer fired a Taser at him during a traffic stop early Thursday morning.

Harlan had been pulled over near Moberly after the officer suspected him of drunk driving.

According to the St. Louis Post Dispatch, the officer then attempted to place Harlan under arrest when he began to resist. The officer said he was forced to use his Taser twice in order to subdue Harlan.

Harlan became unresponsive after the Taser firings and neither police nor paramedics were able to resuscitate him.

Further investigation, including an autopsy, is scheduled for later this week.

If Harlan was driving drunk, then he was committing a crime that could have injured other innocent people. That does not justify, though, the use of deadly force by an officer.

Since Tasers became commonplace in a police officer’s arsenal, more than 300 hundred people have been killed by them. Missouri police regard tasers as non-lethal and use them to subdue unruly suspects. We have seen numerous times that tasers can, in fact, be lethal and yet police officers continue to deploy them at inappropriate times.

It is also hard for families of those killed by taser fire to win verdicts in wrongful death cases. Since tasers are seen as non-lethal, it is hard to convince the courts that their use is excessive. There are also sovereign immunity rules that make it hard to collect damages from any government entity, including the police. This being the case, families of taser victims should still contact a personal injury attorney as soon as possible. While the chances of a winning a wrongful death lawsuit are slim, each case is different and there is always the possibility of a settlement.

August 19, 2008

Missouri man gets DWI for pushing motorcycle

A recent Missouri court ruling found that a Missouri man, Andrew Hack, was driving his motorcycle while intoxicated despite the fact he was only pushing the motorcycle.

The incident occurred when Hack, who had met some friends at a bar, decided to move his motorcycle from in front of the bar so a coworker could take it home. Ironically, Hack said he was giving it to his coworker because he didn’t want to have his license revoked for drinking and driving.

Hack began pushing the motorcycle, which was running, around the bar when it suddenly jumped forward and crashed through a fence. An officer that was sent to investigate arrested Hack and gave him a blood-alcohol content test which showed Hack had drank over the limit.

Initially, a trial court ruling said that Hack was not driving the motorcycle and should retain his license. The State of Missouri appealed and the Missouri Court of Appeals reversed the decision, saying that having the key in the ignition, the engine running, and using the motor to assist in movement constitutes operating the motorcycle.

While it is unfortunate that Hack appeared to be trying to do the right thing, nobody should ever put the keys in the ignition after they have been drinking. DWI convictions are taken very seriously by Missouri law enforcement and for good reason. Missouri is above the national average in alcohol related crashes with several thousand each year. These accidents caused over 2,000 injuries and 155 deaths in 2006, the last year such statistics were compiled. Hack is perhaps fortunate that only a fence was damaged by his motorcycle and nobody was hurt.

If you or someone you know has been involved in an accident with a drunk driver, you should contact a personal injury attorney as soon as possible. Personal injury cases are time sensitive and vital evidence can be lost if not collected quickly.

The Bradley Law Firm has handled personal injury cases for over 30 years. If you have any questions about your legal rights, contact one of our attorneys for a free consultation.

August 14, 2008

American Airlines fined for safety violations

The Federal Aviation Administration (FAA) released a statement today saying it will seek fines of up to $7.1 million dollars from American Airlines for improper maintenance on safety related equipment and deficiencies in their drug and alcohol testing program.

The FAA press release accuses American Airlines of failing to repair two of their large MD-83 passenger planes before sending them back in the air 58 times in violation of FAA regulation. The list of equipment in need of repair included the autopilot mechanism and emergency safety lighting.

According to the FAA, American Airlines knew of these mechanical problems, but improperly deferred repairs and returned the planes to service.

Included in the list of fines was a $1.7 million dollar fine for improperly maintaining their drug and alcohol testing program.

The FAA was created to monitor the airline industry and set strict safety guidelines for all commercial and private aircraft. These guidelines are meant to protect the passengers and flight crews from the worst airline disasters.

Unfortunately, these guidelines are not always followed, even by the largest airline companies. Personal injury lawsuits have revealed numerous cases of negligence that have led to tragic accidents. If you would like to learn more about personal injury law as it relates to airplane and helicopter accidents, please visit our website.

At The Bradley Law Firm, we hold pilots and airlines accountable if their negligence leads to a serious accident. Because of the unique laws and regulations that govern the aviation industry, hiring an attorney that specializes in aviation matters is essential. If you or a loved one has been involved in such an accident, contact us for a free consultation. One of our experienced attorneys will meet with you in person and will advise you on how best to handle your case.

August 13, 2008

Presidential and Missouri Gubernatorial candidates' opinions on tort reform an issue this election

vote.jpg

With the war in Iraq and the state of the economy dominating the political headlines, some issues facing the candidates this election year have been buried in the news cycle. One of these issues is tort reform.

Despite the lack of coverage, tort reform remains a very contentious legal and political issue, particularly in the area of medical malpractice. Supporters of tort reform favor caps on damages, saying that the cost of frivolous lawsuits and large punitive awards are passed on to consumers by high health care costs. They argue that by limiting the amount of money that can be awarded for any personal injury lawsuit, costs can be lowered and the courts would be free of absurd “get rich quick” cases.

In reality, tort reform interferes with the natural legal process and, by using arbitrary caps and ignoring the facts on a case-by-case basis, can leave some individuals in a financial crisis. Severely injured plaintiffs might not have their expenses covered even if they receive the maximum amount in damages. Tort reform can also nearly eliminate the punitive aspect of personal injury lawsuits by letting egregiously negligent parties off the hook, resulting in unsafe corporate, manufacturing, and medical practices.

Tort reform opinions tend to split down party lines with Republicans favoring reform and Democrats voting against arbitrary caps. This is largely the case this election year, though Barack Obama has had some notably pro-tort reform votes that make his position a little unclear.

A graduate of Harvard Law, Obama has received millions of dollars in donations from lawyers and would appear to be opposed to tort reform legislation. This assumption is challenged somewhat by his voting for the Class Action “Unfairness” Act, which made it harder for some cases to be filed, and a vote in favor of limiting non-economic damages in medical malpractice cases.

Though Obama’s position is slightly ambiguous, John McCain seems to be towing the party line on tort reform. His website advocates reforming medical malpractice laws and protecting hospitals from lawsuits. He has also voted numerous times to limit damage awards in personal injury suits. McCain’s one anti-tort reform vote came in his support of the Patients’ Bill of Rights.

The race for Missouri’s next governor is much more clear-cut on the issue of tort reform. Republican Kenny Hulshof is outspoken is his support of tort reform and attacked his primary opponent, Sarah Steelman, on numerous occasions for her opposition. The Democratic candidate, Missouri Attorney General Jay Nixon, is opposed to Missouri’s tort reform movement.

Whoever wins in November, the health, well-being, and legal rights of the average citizen are of the utmost importance. Hopefully our elected officials will vote in favor of helping injured Americans rather than protecting the bottom line of billion dollar corporations. It is my personal opinion that a vote for Jay Nixon is the only way for Missourians to stand up and fight against the erosion of common law and statutory rights afforded to them under the United States and Missouri Constitutions. Jay Nixon has and always will stand up and fight for the common man and woman.

August 9, 2008

Bus Heading to Missouri Crashes; Kills 17

Photo from Houston Chronicle/AP
bus%20crash.jpg

A charter bus carrying members of a Vietnamese Catholic group from Houston to Missouri crashed on Friday killing 17 and injuring dozens more.

The bus, which carried a total of 55 people, crashed through a guardrail north of Dallas around 12:45 a.m. and ran over an edge along the road. The group on board was heading to Carthage, Mo. for an annual religious festival.

Authorities are still investigating the incident, but numerous potential safety and licensing violations have already been uncovered.

According to a Houston Chronicle report, the bus had its operators license revoked, was using expired temporary plates, and had improperly retread tires. One of the retread tires blew out during the crash, though it is not yet known if this is what actually caused the crash.

The companies that operated the bus, Angel Tours and Iquala Busmex, have had a history of federal violations as well. Angel Tours was actually banned from interstate travel in most states.

The driver, Barrett Wayne Broussard, 52, also has numerous criminal convictions including a DWI in 2001. Blood samples from Brossard are still being analyzed.

Many details still have to be revealed including what actually caused the crash and how a company with so many violations was able to charter service. A full investigation of this bus crash and the associated companies could take months.

The most important thing to do when injured in a crash like this is to contact a personal injury attorney. He will be able to follow the investigation and uncover any violations or negligence. In large scale crashes, such as the Texas crash, the investigation can be very long and complex. It is important that an experienced professional handles your case in a timely manner as crucial evidence can be lost if not promptly collected.

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 negligent bus or trucking company, 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 consultation and you never receive any legal bill from us. We only recover a fee if we are successful on your case.

July 20, 2008

Third Victim of Highway 40 Tractor Trailer Crash Dies

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.

July 17, 2008

New York Times Reports Trucking Regulations Routinely Broken

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.

299523_i_haul_.jpg

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.

July 14, 2008

One of Two Women Hit in Philadelphia Dies

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.

July 11, 2008

Cause of Fatal Plane Crash Released

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.

July 11, 2008

Two St. Louis Women Seriously Injured By Drunk Driver in Philadelphia

Photo from WTXF - FOX 29 News
philly%20crash.jpeg

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.

July 10, 2008

Independence Woman Was Just the Second Fatality Since New Cable Medians Were Installed

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.

July 5, 2008

Blood Alcohol Limit For Missouri Boaters Lowered

boat.jpg

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.

June 26, 2008

Missouri Auditor Finds Missouri School Bus Drivers Are Not Properly Screened For Employment

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.

June 12, 2008

MoDOT Worker Killed on Interstate 70 in Kansas City

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.

June 10, 2008

Judgment Reversed in Missouri Premises Liability Case

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.

1006453_caution_wet_floor-sign_1.jpg

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.

March 10, 2008

Missouri Injury Lawyer Blog: Missouri Personal Injury and Wrongful Death Statistics Down; Highway Cable Guards Credited

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.

January 17, 2008

Saint Louis Car Crash Lawyer: Rob Ramage, Former Hockey Player, Gets Four Years by Ontario Judge for Deadly Car Crash

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.

January 8, 2008

Missouri's New Law Takes Tax Refunds Away From Working Missourians

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" »

December 27, 2007

Judge Tosses Lawsuit to Keep Highway 64 Open in St. Louis

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.”

December 8, 2007

MODOT Worker Killed in Tragic Accident

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.

November 17, 2007

Winter in Missouri is Approaching Fast; Personal Injury Lawyer Gives Advice on How to Prevent A Serious Car Wreck Over the Holidays

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!

November 14, 2007

The Common Question to a Lawyer: "How Much is my Missouri Personal Injury Accident Worth?"

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 in medical bills because of this injury?
* How much pain were or are you in after your injury?
* Did you have any pre-existing injuries to the part of the body you hurt in this accident?
* Have you filed any other lawsuits for the same injury?
* Do you need any additional medical treatment and if so will it cause you pain?
* Have you lost income from your injury?
* Will you continue to have lost income into the future because of this injury?
* Are you employable in another field? If so, what could you reasonably make doing that kind of work?
* Do you have any permanent disability from your accident?
* Are there others that depend upon you for support?

These are just some of the questions I ask every client. After assessing these factors, I do research and find past cases like the one I am working on and find out what kind of settlements and verdicts are out there that would compare to that case.

It is also important to take into consideration what venue your personal injury lawsuit will be pending in. Most personal injury lawyers prefer the larger cities because of a perception that urban juries award more money than rural juries.

Determining what an injury claim is worth is arguably one of the hardest things to do as a Missouri personal injury lawyer. However, taking the above factors into consideration are factors that must be evaluated in determining what a personal injury case is valued at.

If you would like us to evaluate your case, please feel free to contact us and we will discuss your personal injury case with you free of charge.

November 1, 2007

Lawyers in St. Louis, Missouri file Wrongful Death Claim and Medical Malpractice Lawsuit Against Walgreens For the Death of An Unborn Child

Personal injury lawyers for twenty-nine year old Chanda Givens of St. Louis, Missouri filed a wrongful death and medical malpractice lawsuit against the pharmacy giant Walgreens for giving her a potent chemotherapy drug instead of prenatal vitamins. As a result of Walgreens alleged mix-up, Ms. Givens miscarried. She did not realize until a month after she miscarried she was given the wrong medication. Chanda and her husband are seeking unspecified damages in their Missouri wrongful death and medical malpractice lawsuit against Walgreens Company.

The Bradley Law Firm has over thirty years of experience handling medical malpractice claims that result in serious physical injury or death. If you or a loved one have been injured by medical malpractice in Missouri, contact the Bradley Law Firm today and speak to an experienced medical malpractice lawyer for free.

October 29, 2007

Missouri Personal Injury Lawyer Gives Free Legal Advice to Car Wreck Victims

Missouri personal injury lawyer, Ryan Bradley with The Bradley Law Firm in St. Louis, Missouri has announced he is offering free legal advice to people who are injured in car wrecks. This includes people that caused the Missouri car wreck. "Even people who cause Missouri automobile crashes need good legal advice," says Mr. Bradley. "Many times, insurance companies put their insured at risk of losing their assets when they deny valid claims. People should realize they can make a written request to their insurance company to properly evaluate a personal injury claim and pay a claim within the policy limits of their policy."

If an insurer wrongfully evaluates a claim and a verdict is obtained in excess of an insured's policy, the insured's assets are at risk of being forfeited. The insured then may have a claim against their insurer for bad faith. Many times, the bad faith claim can be assigned to the injured party if they agree not to execute on the insured's assets.

It is truly a shame that insurance companies routinely put their financial interests ahead of their insureds. While insurance companies are entitled to run a profitable business, this should not be at the peril of their insureds. When good claims are denied and reasonable offers to settle are rejected, insurance companies should be forced to pay the entire claim. The insured should not bear the consequences of an insurance companies bad actions. If you believe you have been the victim of bad faith, please contact our law firm to discuss your rights for free.

October 25, 2007

St. Louis Personal Injury Lawyer Files Wrongful Death Lawsuit Arising From Car Accident in Knox County

St. Louis personal injury law firm The Bradley Law Firm filed a wrongful death lawsuit on behalf of Raymond Russel in Knox County, Missouri arising from a horrible car accident involving Mr. Russel and his wife, Sandra.

Mr. and Mrs. Russell were run off the road in Knox County, Missouri by Judy Taylor. Both Mrs. Taylor and Mrs. Russell were killed in this car wreck. Mr. Russell was the only survivor of this crash.

At this time, we are trying to determine if Ms. Taylor had insurance. The information gathered by the Missouri Highway Patrol indicated State Farm Insurance Company as her insurer. However, subsequent investigation revealed State Farm did not have a policy covering Mrs. Taylor. A deposition is set of Mr. Taylor to determine if in fact there was car insurance.

Attorney Ryan Bradley has added State Farm Insurance Company as a defendant in this lawsuit because they are the insurer for the Russells. If in fact there is no insurance covering the Taylor's vehicle, State Farm will be required to pay Mr. Russell for uninsured motorist coverage.

As more facts are discovered in this case, we will update the status. At this time, Mr. Russell is still recovering from his extensive injuries.

October 5, 2007

Kentucky McDonalds Strip Search Hoax Results in a 6.1 Million Dollar Verdict

A Kentucky jury returned a 6.1 Million dollar verdict against McDonalds in a hoax strip search. The hoax has hit many fast food restaurants, including Hardees in Missouri. The Bradley Law Firm recently handled a sexual discrimination identical to this lawsuit against Hardees, which resulted in a confidential settlement.

Louise Ogborn alleged a McDonalds manager forced her to perform demeaning sexual acts at the request of a caller posing as a police officer. She alleged as we did in our suit, that the restaurant knew or should have known of this scheme and should have warned its employees.

If you or someone you know have been subjected to a strip search as a result of one of these phone calls, please contact us at the Bradley Law Firm for a free consultation. As always, we take no fee unless we collect for you.

October 4, 2007

St. Louis Injury Lawyer Dan Bennett's Death Still A Mystery

St. Louis injury lawyer Dan Bennett's mysterious death two weeks ago remains a mystery. While an autopsy was performed by the St. Louis coroner, the results of that autopsy have not been released. As soon as a cause of death is determined, we will update this posting.

September 26, 2007

Simplicity cribs, Aspen cribs, Aspen 3 in 1, Aspen 4 in 1, Nursery-in-a-Box, Crib N Changer Combo, Chelsea, Pooh 4 in 1, Graco cribs, Aspen 3 in 1, Ultra 3 in 1, Ultra 4 in 1, Ultra 5 in 1, Whitney, and Trio Baby Cribs Are Recalled

The manufacturer of Simplicity baby cribs has finally recalled thousands of simplicity cribs after the first complaint to the manufacturer in 2003 fell upon deaf ears. Since 2003, simplicity baby cribs have been the cause of three infant deaths. Then, the Chicago Tribune recently covered another death, prompting the recall.

The product recall was based upon a design flaw that allows the crib rail to disengage, causing a space where an infant could get trapped. In fact, a number of small children have been reported as having been trapped in this way.

What is troublesome about this recall is that it took way too long for the manufacturer to take action. Many infants died as a result of this design flaw and the manufacturer knew about the problem, yet did nothing about it. Apparently, Simplicity cribs blamed the deaths on improper installation by the consumer.

Simplicity is making new kits available to those that have purchased defective models. It is estimated that there are more than one million Simplicity cribs affected by this recall. The affected cribs are the following models: Simplicity, Aspen 3 in 1, Aspen 4 in 1, Nursery-in-a-Box, Crib N Changer Combo, Chelsea and Pooh 4 in 1. In addition, Simplicity cribs using Graco logo are: Aspen 3 in 1, Ultra 3 in 1, Ultra 4 in 1, Ultra 5 in 1, Whitney and Trio.

If you have a Simplicity crib or a Graco crib, you should immediately stop using it. If you have a child affected by this crib, please call us or visit our website at http://stllawhelp.com for an immediate, free consultation with an experienced Missouri and Illinois product liability lawyer. Even if you reside in a different state, we can still help you.

September 22, 2007

Missouri Truck Crash Victim Receives 5 Million Dollars for Injuries

A Jackson County, Missouri jury awarded Delbert and Pam Sanders over Five Million dollars in damages against the operator of a tractor trailer that rear-ended the Sander's truck at the intersection of Highway 25 and Highway 60. According to the truck driver, he dropped his cell phone, reached to pick it up and then when he looked up, it was too late to stop his tractor trailer.

According to the Missouri Highway Patrol, there were no skid marks at the scene of the automobile crash, indicating the truck driver made no attempt to stop his truck. When the tractor trailer hit the truck, it burst into flames causing severe burns to Mr. Sander's arms and ears as well as a traumatic head injury.

What is significant about this Jackson County, Missouri verdict is that the Plaintiff's medical expenses were only $50,000.00. However, the Plaintiff's lawyers argued he would have future lost wages of approximately $500,000.00, even though Mr. Sanders was working at the time of the lawsuit.

September 21, 2007

Attorney Ryan Bradley Settles Missouri Car Accident for Insurance Policy Limits

St. Louis injury lawyer Ryan Bradley recently settled a Cape Girardeau, Missouri car accident case for the policy limits of $100,000.00. William Redd, of Caditz, Kentucky, was driving his pickup in Cape Girardeau, Missouri when Greg Balsman, a local resident, rear-ended Mr. Redd, causing his truck to overturn and injure Mr. Redd.
Mr. Redd spent one day in the hospital and suffered two broken ribs as well as a bruised lung. The money Mr. Redd recovered in this personal injury settlement will help him pay for medical expenses and make up for the time he lost from work. It was a pleasure helping Mr. Redd with his Missouri injury lawsuit and I hope he gets well soon.

September 4, 2007

Labor Day Weekend Proves Deadly for Missouri Car Wreck Victims

The Missouri Highway Patrol reported that 10 people in Missouri were involved in fatal car crashes over the Labor Day weekend. Four of these crashes happened in the St. Louis area. There were a total of 320 car crashes state-wide over the weekend.

On holiday weekends, there are more Missouri drivers on the road, which necessarily results in more Missouri car crashes and wrongful deaths. It is extremely important to follow the speed limit and give yourself plenty of time to make the trip without resorting to speeding. Increased speed has been show to directly correlate to an increase in the severity of personal injuries a person will sustain in a car crash.

August 23, 2007

Ryan Bradley Tries Tractor Trailer Lawsuit in Pike County Missouri. Case Settles on Second Day of Trial

This week, justice was finally obtained for Charles and Sharon Gass, personal injury victims of a negligent tractor trailer driver who rear ended them on Highway 54 in Pike County, Missouri on March 11, 2004. The Gasses were turning into the Cozy C campground off Highway 54 when the large truck hit them from behind. Sharon suffered a broken rib and suffered from shoulder, neck and back pain for years after the crash. Charles necessitated an anterior spinal fusion of the C6-7 level, performed by Dr. Chabot of St. Louis, Missouri. Mr. Gass already had C5-6 fused from a prior surgery in 1999. While the neck surgery was a success, it is ordinary for a person with a bi-level neck fusion to have a 10 to 15 degree range of motion loss. Mr. Gass' range of motion seemed to be a little worse than this. The Gass' medical bills were over $40,000.00.
On the second day of trial, while Ryan Bradley, the Plaintiffs' attorney, was still putting on the case in chief, the case settled for $197,500.00 plus court costs of approximately $5000.00. Todd Applegate, a partner of the St. Louis, Missouri law firm Rabbitt, Pitzer & Snodgrass defended the case.