Missouri Personal Injury Lawyer Blog

Statistics from the National Highway Traffic Safety Administration reveal the dangers that large trucks pose to Missouri motorists: in 2009, there were nearly 3,500 fatal truck accidents nationwide. An additional 74,000 injuries were also reported. In these types of accidents, Injuries are typically very serious.

Our Missouri personal injury attorneys urge drivers to practice safe and cautious driving habits, especially when sharing the roads with large vehicles.The large size of tractor-trailers make them a deadly threat to motorists in the event of a crash.

Fatalities from these accidents decreased by 20% from 2008 to 2009. Roughly 75% of the 2009 fatalities were drivers or occupants of passenger vehicles. 15% were drivers or occupants of large trucks, and 10% were non-occupants. As you can see, the vast majority of victims are passengers of other vehicles, or are bicyclists or pedestrians. The 2009 data shows 74,000 people suffered injuries in these accidents involving large trucks. This statistic illustrates an 18% drop from 2008: 90,000 injuries were sustained in trucking accidents throughout that year.

The Missouri Department of Transportation (MoDOT) offers passenger-vehicle motorists several tips to help them travel more safely around large trucks.

Continue reading "Motorists Urged to Use Caution around Large Vehicles to Avoid Fatal Trucking Accidents in Missouri" »

If you have been injured in a Missouri accident, and you want to file a claim for damages, the first step is typically an initial consultation with a qualified Missouri personal injury law firm. This meeting gives you a chance to discuss your case with an attorney, and decide if the firm is the right one to represent you.

However, the point of the initial consultation is not just to discuss your case: it's also an opportunity for you and the attorney to get to know each other. It's important to use this time to learn about the legal process you are embarking on, and get to the all the information you need about that process.

Every case is different. Bear in mind, without having the complete details of your case, it will be difficult for any attorney to give you a sense of what your claim will entail. It's a good idea to bring any medical records, physician's diagnosis, police reports from the accident, or any other pertinent documentation with you to this consultation.

This meeting is designed to help you make several informed decisions, including whether or not you actually have a case worth pursuing. If you've never retained an attorney before, or if you've never filed a claim for damages, it is likely you will have have many questions.

Continue reading "What Happens During an Initial Consultation with a Missouri Personal Injury Attorney?" »

In this post, our Missouri personal injury lawyers examine a recent decision from Missouri's Western District Court of Appeals that may be of relevance to our readers. In the State of Missouri vs. James Arthur Clampitt, the State appealed a judgment that granted the defendant's motion to suppress certain text messages, but the appeal was unsuccessful. The ruling marks the first appellate case in Missouri to extend the same privacy protection to text messages that has always applied to telephone conversations.

The Case
Clampitt is facing two separate criminal charges of first-degree involuntary manslaughter, and is also charged with leaving the scene of an accident. The charges are connected to a June 2010 accident in Audrain County, Missouri, when Clampitt's SUV collided with a riding lawnmower. The driver of the mower, Richard Cobb, was killed. Clampitt was found to be intoxicated, and he later told a radio station that he thought he had struck a curb while checking a text message. Cobb's family has also filed a wrongful death suit against Clampitt in St. Louis.

The State had issued subpoenas for text message records associated with four separate phone numbers, and received those records from U.S. Cellular. The reason for the subpoena, the Special Prosecutor testified, was that the State hoped to obtain an admission from Clampitt - specifically, she sought confirmation that Clampitt (or one of his family members) was driving the SUV when the collision occurred. Additionally, the prosecutor testified that she did not seek a warrant for the records because she believed they were "records in possession of a third party," and that a subpoena was a "sufficient means for obtaining such information from third parties."

In response, Clampitt filed a motion to suppress the text messages. His attorney argued that Clampitt had a "reasonable expectation of privacy" when sending text messages to family members, and that the subpoenas were not, in fact, a "sufficient means" to obtaining the records. The court agreed, and the records were suppressed. On January 24, the Missouri Western District Court of Appeals heard the State's appeal of that judgment.

Continue reading "Missouri Court of Appeals Allows Suppression of Text Message Records in DWI Hit and Run Case" »

When Missouri drivers break traffic laws and cause auto accidents that injure their passengers, those drivers can be held liable for their passengers' damages and losses. In fact, our Missouri personal injury attorneys frequently use evidence that a driver broke the law to prove negligence. Our state's roadway and driving statutes were enacted to protect other drivers, passengers, pedestrians, and others; therefore, all Missouri drivers have a duty to all of these parties.

Four Prongs of a Missouri Negligence Case
If you or a loved one have been injured or killed while a passenger in a car and the driver broke the law, the following four elements must be proven to win your case.

• Duty of Due Care
The driver had a duty of due care to you. This point is established by showing that you were a passenger in that driver's vehicle.

• Failure to Act with Due Care
The driver did not act with due care. The fact that the driver broke the law proves that he or she did not act with due care. Accident reports and records of traffic citations issued can be important evidence with respect to this component of a claim.

• Causation
The driver's failure to act with due care caused your injury. Causation can be established by demonstrating that your injuries would not have been sustained but for the driver breaking the law.

• Proof of Damages
Your injury resulted in some form of loss. Hospital bills, emotional distress, and missed work prove that you have sustained losses.

Relevant Missouri Roadway Safety Statute
All drivers, other than emergency vehicles, must follow traffic controls (such as stop lights and stop signs) pursuant to Missouri statute §304.271. Failure to do so may result in a class C misdemeanor charge and liability for any damages suffered.

Continue reading "Missouri Drivers are Responsible for Their Passengers' Safety" »

Teen driving safety is an issue that our Missouri personal injury attorneys feel strongly about. We have offices throughout the state (Springfield, Joplin, Cape Girardeau, Columbia and Kansas City), and we see far too many serious accidents that involve Missouri teenagers. The Insurance Institute for Highway safety reports that 11 American teenagers are killed every day in traffic accidents that are largely preventable: these accidents are the number 1 cause of death for teens. To combat this massive problem, the Allstate Foundation and the National Organizations for Youth Safety (NOYS) have developed the "Act Out Loud" program, which recognizes school-based driving safety projects led by teens. In the program, open to high schools throughout the United States, students participate as a team in three different activities. They are awarded points based on school participation and activity, and overall winners are chosen. The deadline to register your school is January 31.

The Safe-Tee Design Activity (February)
For this contest, teens create an awareness message on a T-shirt template: the topic of the message should be related to the dangers of using cell phones and other electronic devices while driving. During the week of February 13-17, teams will upload their designs to the Act Out Loud website. Judges will select the top 25 entries, and feature those designs on the Act Out Loud Facebook page, where they will be open to public voting from February 24-29. Along with points awarded based on the number of votes received, the winners will also receive up to 500 T-shirts featuring their design.

Creative Community Sign for Safe Driving (March)
This activity focuses on spreading awareness throughout individual communities. Teams must develop a creative sign that focuses on passenger restrictions. (Suggestions include spelling out messages using items like plastic cups (in a chain length fence), cupcakes, football helmets, the school marching band, etc.). Then, students will photograph their signs and upload them to the Act Out Loud website: again, the top 25 entries are posted on Facebook and voted on. Signs should be uploaded the week of March 12-16, and voting will take place March 23-27.

Create a Facebook Yearbook (April - May)
Teams download a "Yearbook of You" photo montage application from the Act Out Loud Facebook page. The app identifies the user's top 10 tagged friends, and those friends receive a video message containing information about teen driving safety. Scoring for this activity is based on the number of "Yearbook of You" montages generated by a school team. Also, there's an $11,000 prize to be given to one randomly selected montage (with an additional $1000 award for every student featured in the montage).

Continue reading "Act Out Loud Program Promotes Teen Driving Safety in Missouri and Nationwide" »

All Missouri injury lawyers know that along with liability, the concept of "Duty of Care" is an important factor when attempting to negotiate a fair auto accident settlement. Duty of Care is a core concept, one that allows our society to keep functioning.

This phrase refers to our obligation to behave in a way that will not cause injury to anyone else. As a part of this responsibility, we must obey the law, and act in a manner that doesn't impose on others' safety.

It is easy to apply this concept to driving. When behind the wheel, we have a duty of care to follow the speed limit. We also have a duty of care to avoid driving when we're under the influence of alcohol or drugs. We all know that making irresponsible driving choices can create serious consequences for other drivers, or even the other passengers in our car.

If duty of care is not upheld, that infraction is known as "breach of duty." In the case of car crashes, there is a clear breach of duty if someone fails to use a turn signal, to stop at a stop sign, to obey the speed limit, etc.

In a Missouri personal injury claim, the party who committed the breach of duty is negligent and therefore liable for the auto accident.

Continue reading "How Does "Duty of Care" Apply to a Missouri Auto Accident Case?" »

If you've been injured in an accident and are thinking of hiring a Missouri personal injury attorney to pursue your claim, you may be imagining a quick process and a speedy settlement check deposited in your bank account. While it's true that your case could be resolved fairly quickly, it could also require a more extended process, depending on certain factors. Our attorneys will need to take the time necessary to ensure your interests are fairly represented, and this amount of time is different for every client.

Why do some cases take so much time?

Investigating the injury
A personal injury claim requires investigation, which can be time consuming, depending on the circumstances. An important note: once you have retained a personal injury lawyer, it is recommended that you discuss your case only with that lawyer. Disclosing information to other parties (particularly if they might be witnesses, or working for the party you are trying to win money from) can be extremely detrimental to your case.

Proving negligence
Establishing fault is one of the most important factors in winning your case. Once again, this can require extensive time and resources, depending on the nature of the claim: an auto accident, a semi-truck accident, and a defective product accident all present unique situations. Tracing liability to the proper party is a vital aspect of your personal injury case, and requires diligently collected evidence.

Continue reading "How Long Does a Springfield, Missouri Personal Injury Case Take Before a Settlement is Reached?" »

The Springfield, Missouri personal injury lawyers frequently work with clients who are the victim of hit and run accidents. National statistics have shown that about 11% of all accidents nationwide are hit and runs, meaning there are thousands throughout the country every year. In fact, this morning, one happened right outside our Springfield law office.

This morning's hit and run accident
It happened just after 7:00 am, KY3 news reports. Apparently, a car struck a motorcycle near the Battlefield Road / Highway 65 interchange, and then left the scene of the accident. The motorcyclist was conscious when paramedics arrived, and his injuries are described as non-life threatening. His name has not been released. The accident caused heavy traffic congestion during today's morning rush hour commute.

Police are actively searching for a blue car that left the scene. If you have any information about this accident, please contact the Springfield Police Department at (417) 864-1810.

Many of our attorneys and staff members encountered the aftermath of this collision when we arrived at our office today. Although we work with victims of these kinds of accidents on a daily basis, it never ceases to amaze us that an accident can happen so quickly, placing itself directly in your path. That's why we're so passionate about advocating safe driving practices, and protecting the interests of innocent victims - like those who have been injured in hit and run collisions.

What does the law say about hit and run offenses?
There are different practices a driver is legally required to follow after being involved in a collision, particularly when that driver is at fault. These practices differ, depending on whether the accident (1) caused damage to property, (2) causes injury to a person, or (3) results in a person's death. For example, if a driver hits an unattended parked car, that driver is expected to make a reasonable effort to identify himself to the owner of the car, and notify that owner about the collision.

Continue reading "Local Hit and Run Collision Injures Springfield, Missouri Motorcyclist: Police Seek Information" »

In the moment just before an accident occurs, Missouri drivers have to make snap decisions about how to react. The Jasper County personal injury attorneys know all too well that these decisions, made in fractions of seconds, can have a tremendous impact on the outcome of a collision. One common mistake that drivers often make is called overcorrecting, or over-steering in response to an event, which normally results in loss of control of the vehicle. When a driver's right-side tires drop off the road into the shoulder or grass, the instinctive response is to panic and jerk the wheel to the left. Often, this means sending the vehicle directly into oncoming traffic. And even if there isn't another vehicle approaching, overcorrecting frequently causes overturning, or collisions with stationary objects, like trees, light poles, etc. As we've seen recently, that kind of mistake can be a costly one.

Within the last two days, two Missouri drivers were killed in accidents because of overcorrecting. On Christmas Day, a Lebanon woman was killed in Pulaski County crash caused by driver overcorrection. 41 year-old Nancy Feldmeier was traveling north on Missouri Highway 133 when she ran off the right side of the road. She then overcorrected, causing her vehicle to run off the left side of the highway and crash into an embankment. Feldmeier was taken to a hospital, but died a few hours later.

Then, on December 26, another overcorrecting error claimed the life of a Jasper County woman. 21 year-old Chelsey Burgess was killed in a collision on Cedar Road, near Carthage. Burgess was traveling west when her car was struck head on by another vehicle: 47 year-old Janiece Siebert had run off the road, overcorrected, and crossed the center line. Burgess was taken to the hospital by ambulance, but died shortly thereafter. Siebert was hospitalized with moderate injuries, and her infant passenger, Malachi Siebert, suffered minor injuries.

MSN Autos ranks overcorrecting in its Top 10 list of Most Lethal Driving Mistakes, right alongside drinking and driving, distracted driving, and running red lights. And a 2005 study by the Department of Transportation found that overcorrection accounted for 25% of run off the road (ROR) crashes.

Continue reading "Driver Overcorrection to Blame for Two Fatal Missouri Car Accidents Within Two Days" »

Missouri Personal Injury lawyers are frequently asked questions about legal terms used in personal injury claims. One of the most important terms to understand is the concept of "liability," because proving liability is a main factor in winning your case.

Simply put, liability is a synonym for fault. In a personal injury case, liability has to do with who is responsible for your injury, whether it's a person, a group of people, or a company.

In many auto accident cases, it is easy to establish which driver was at fault. However, there are cases when more than one party bears responsibility for the accident. It might be that most of the liability falls on another driver, but it's possible that some also lies with you. Whoever is found to possess the lion's share of liability will usually wind up paying for the accident.

If it cannot be conclusively established who is at fault for the accident, the insurance company might use this problem to offer a lower settlement or even argue against any settlement.

The Connection Between Liability and Negligence

From what Missouri auto accident attorneys have experienced, most motor vehicle accidents do occur because of someone's negligence or carelessness. They can even result from what is called "criminal negligence," which refers to a negligent act that happens while someone is breaking the law, such as driving drunk. The person or company who was negligent bears liability for the accident, and is responsible for paying damages to the person who was injured.

Continue reading "The Importance of Liability in a Missouri Personal Injury Case" »

As Joplin, Missouri car accident lawyers, we receive many inquiries from people who have been in an accident with either an uninsured or an unlicensed driver. This issue is much more widespread than you might imagine. For most of us, as law abiding citizens, it would not occur to us to drop our auto insurance, or to get behind the wheel with no driver's license.

However, about 1 in 10 motorists do drive illegally nationwide, according to traffic researcher Robert Scopatz of Data Nexus Inc. This translates into hundreds of Joplin drivers and thousands of Missouri drivers who are on the road illegally.

This statistic includes some people who never had driver's licenses to begin with, and others who lost their licenses but kept driving anyway. In this economic climate, licenses are lost for financial reasons even more often than for negligent behavior behind the wheel.

Not paying parking tickets, neglecting child support payments or missing a court hearing can trigger a license suspension. Fines can pile up, leaving many without the financial means to restore their legal driving privileges. Many people feel they have no choice, and are therefore justified in driving without legal licenses.

Continue reading "As Many as One in Ten Drivers on the Road are Unlicensed in Joplin, Missouri and Elsewhere" »

Springfield injury lawyers have recently heard of several collisions between cars and horses. It is difficult for a car to see a horse on the edge of the road at dusk, and even harder in the dark. Often, when these collisions occur, drivers believe they have hit another animal--usually a deer--and don't consider the possibility that there could have been a human involved. If their car is not seriously damaged, many drivers don't even stop. However, they may still be guilty of a hit-and-run if a human is involved.

This must have been the case in the deadly rear-end accident which happened recently on Farm Road 194, one mile south of Battlefield, Missouri. A Republic woman, 34 year-old Michele Montiel, struck a horse from behind with her van. Montiel said she thought she hit an animal, but drove off without investigating. Her 2000 Dodge Caravan had major damage to the right side, including a broken windshield, and she went home, believing the vehicle was no longer safe to drive.

Unfortunately, the horse was being ridden at the time by 53 year old Charles Rickard of Springfield, who was seriously injured. Rickard was taken to St. John's hospital in Springfield with serious injuries. It was the horse, Poco, who was the fatality in this accident.

A second horse and rider, traveling with Rickard, were approximately 50 feet away at the time. The rider, Brad Rozell, reported seeing Montiel hit the horse and drive away. "It was like an explosion," said Rozell, later adding that riding in the roadway at dusk was a mistake, and that "there were bad choices made by everybody involved."

Continue reading "Battlefield, Missouri Hit and Run Accident Kills Horse and Injures Rider: Not Realizing a Human was Involved is no Defense for Hit and Run Crime" »

Understanding how personal injury claims proceed and common mistakes that injured victims make (that can ruin their chances for recovery of damages) is vital to those considering a personal injury claim. Here,Kansas City personal injury lawyers will discuss the things you need to do to ensure your case proceeds with the best chance for receiving fair and just compensation.

The first thing any injured victim must do after a car accident is seek appropriate medical treatment--and follow the doctor's advice and treatment program. Failure to do so, or any delay in seeking medical attention after the accident, can actually lessen the amount of damages you might receive.

Victims are generally expected to take reasonable steps to "mitigate their damages," meaning to do whatever is necessary to recover from their injuries. If injured plaintiffs fail to seek necessary treatment after an accident, they may be causing their condition to worsen, making it harder to treat and more costly than it would have been if they sought immediate treatment.

The Most Important Thing to do After a Car Accident:

• See a doctor right away. Do not miss appointments with your doctor. The words "no show" in your doctor's records can be used against you to prove your injuries were not as serious as you claim.
• Follow your doctor's treatment program. This may include attending physical therapy sessions. This type of therapy is frequently prescribed for strains, sprains, and other soft tissue injuries. Please participate actively in this process--failure to do so can also be used as evidence that your injuries were not serious, and that you are not serious about your own recovery.

Continue reading "Car Accident Victims' Actions After the Accident Can Affect a Damages Award in Kansas City, Missouri and Elsewhere" »

The Springfield Missouri personal injury lawyers have written many times about teen drivers and the problems facing them on the roads in Springfield, Missouri. In fact, car accidents are the leading cause of deaths among teens in Springfield and the rest of the United States. The risk is the highest between teens 16 to 19. This age group, mile per mile, is four times more likely to crash than older drivers are.

Many states have taken action to help save our teens' lives in the form of restricted driving privileges and higher ages for full licenses. One of the most popular programs is the one we have here in Missouri, known as graduated licensing. This is a three step process a teen must follow to get their drivers' license. Graduated driver licensing (GDL) systems allow full, unrestricted drivers' licenses for drivers under 18 only after an initial period of supervised driving (drivers permit) and an intermediate period of unsupervised driving that limits driving at night, transporting multiple young passengers, or both.

A recently published study by the Journal of the American Medical Association (JAMA) has examined the results of programs such as graduated licensing. JAMA's study looked at data from 1986 through 2007. They specifically targeted motor vehicle accidents that caused fatalities for teens between 16 and 19, nationwide. The goal was to ascertain just how effective these new nationwide restrictions have been in preventing teen fatalities.

The results were not encouraging. In the years since these restrictions have been introduced, fatalities for teen drivers 18 and 19 have actually gone up. In 2006, 297,878 Missourians age 16-20 held driver licenses. For some reason, stronger GDL programs with restrictions on nighttime driving and allowed passengers were linked with substantially lower fatality rates for 16-year-old drivers--but higher rates for 18-year-old drivers.

Continue reading "New Study Shows Results of Graduated Drivers' Licensing Programs for Missouri's Teens" »

Although only a small percentage of Missouri personal injury cases go to trial, an experienced Springfield personal injury lawyer is still a huge asset when negotiating a settlement. The initial offer that an insurance company will make is guaranteed to be very low. An injured victim may be tempted to take any offer, just to get it over with and get some money to pay their bills, but this can be a mistake. It is important to wait at least until the seriousness of the injuries and the total amount of medical expenses can be ascertained.

Frequently an injury will not heal as expected, requiring further expensive treatment, therapy, or even more surgeries. If the victim has already settled the claim, they can be left holding the bag for high medical costs.

Whether your Missouri personal injury case is settled via direct negotiation with the insurance company, alternative dispute resolution via an outside mediator, or goes to trial, the services of an experienced attorney who knows your rights and what your claim is truly worth are always to your advantage.

Consider the case of a Perry County woman who was injured in an accident with a tractor trailer.

The collision occurred in August of '08 when Tracy Rauls was driving on U.S. 61. A tractor-trailer driven by Travis Michael Obritsch turned left from the highway and hit her vehicle. As a result of this crash, Rauls suffered significant, disabling and permanent injuries. The main one was a severe ankle injury that did not respond to treatment and eventually required multiple surgeries.

Continue reading "Missouri Personal Injury Cases May Receive Large Settlement Awards Via Alternative Dispute Resolution" »