Missouri Accident Lawyer Blog

Photo by Houston Herald

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.

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Posted In: Missouri Car Accidents , Missouri Trucking Accidents , Personal Injury News , Wrongful Death Lawsuits

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Photo by KMOV-TV

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.

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Posted In: Missouri Car Accidents , Missouri Trucking Accidents , Personal Injury News , Wrongful Death Lawsuits

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As more Toyota internal memos become public, a clearer picture of the company's failure to notify customers of safety concerns in a timely manner begins to materialize. The latest revelation to come out of the investigation is that Toyota identified a problem with sticking accelerator pedals in the fall of 2009, months before making the potentially dangerous product defect known in the U.S. The company notified distributors in more than 30 European countries, but failed to alert the National Highway Traffic Safety Administration.

Under federal law, any car manufacturer must make safety defects known to the NHTSA within five days of their discovery and promptly issue a recall. Rather than disclose the whole truth behind the sudden acceleration problem, Toyota only issued a limited recall in the U.S. saying the incidents were all caused by floor mats getting caught on the gas pedal.

Why would Toyota say the problem is limited to floor mats when their own internal memos showed they knew the problems were more complicated? The company says that there were indeed separate problems requiring recalls and that they have since taken steps to improve communication so their customers can be notified more promptly. This explanation hasn't satisfied American transportation officials who have assessed a record fine of over $16 million on Toyota. The car company has not said whether they will appeal the fine or simply pay it.

The NHTSA has said the investigation hasn't concluded, and they will continue to scour thousands of pages of Toyota documents to look for more violations.

In addition to the federal agency's fine, Toyota faces almost 100 personal injury and wrongful death lawsuits. As many as 52 deaths can be linked to sudden acceleration in a Toyota vehicle.

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Posted In: Product Liability Cases , Wrongful Death Lawsuits

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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.

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Posted In: Missouri Car Accidents , Personal Injury News , Wrongful Death Lawsuits

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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.

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Posted In: Personal Injury News , Product Liability Cases , Wrongful Death Lawsuits

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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.

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Posted In: Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News , Product Liability Cases , Wrongful Death Lawsuits

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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.

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Posted In: Missouri Car Accidents , Missouri Personal Injury Lawyer News , Missouri Van Accidents , Personal Injury News , Wrongful Death Lawsuits

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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.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Missouri Train Accidents , Personal Injury News , Wrongful Death Lawsuits

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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.

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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.

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

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

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

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

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

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

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

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Posted In: Missouri Car Accidents , Missouri Legislative News , Missouri Personal Injury Lawyer News , Wrongful Death Lawsuits

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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.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Car Accidents , Missouri Personal Injury Lawyer News , Personal Injury News , Wrongful Death Lawsuits

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Tasers, a popular brand of stun-gun used by police, have generally been seen as a non-lethal alternative to the standard sidearm. In the wake of hundreds of deaths, however, the question of just how safe Tasers are is in question and now Taser International is issuing warnings to law enforcement officers.

According to an AP report, an Oct. 12 training manual released by the company warns against firing at a suspect’s chest and acknowledges there is a risk of negative effects on the heart.

Since stun-guns have become commonplace in recent years, 350 people have died after being shot by them. Many of these deaths were heart related and in at least 50 of these cases a medical examiner has said the shock emitted by the stun-gun played a role.

The statement by Taser International marks a big change in the way stun-guns are viewed. As stated above, most police and security companies view tasers as a safer alternative that will subdue a suspect without causing long-term personal injury or death. Demonstrations have even been given where officers or even television reporters are voluntarily shocked.

Law enforcement agencies often tell their employees to use tasers only when the suspect is threatening to cause severe harm to the officer or another civilian. In practice, though, we have seen officers use the guns excessively and in situations where the suspect is not a threat.

One similar case occurred here in Missouri last year. Stanley James Harlan, 23, died after being hit twice with a taser by police after being pulled over on a suspected DUI. If Harlan was driving under the influence of drugs or alcohol, he should have been arrested and faced charges, but this alone does not justify the use of deadly force. This is just one of countless horror stories surrounding the use of stun guns.

Despite all the deaths and question marks about safety, personal injury lawsuits and wrongful death lawsuits have been largely unsuccessful due to the perception that tasers are non-lethal instruments. Dozens of suits against stun-gun manufacturers have been dismissed with Taser International losing only a single case, which is under appeal, according to the AP. Sovereign immunity rules also make it hard to recover damages from police departments.

This recent concession by a major stun-gun manufacturer may be a sign that the perception of these devices is changing. If you have lingering effects of being shocked or have lost a family member to a taser incident, contact a personal injury attorney to discuss your case.

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Posted In: Choosing a Personal Injury Lawyer , Missouri Personal Injury Lawyer News , Personal Injury News , Product Liability Cases , Wrongful Death Lawsuits

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