Missouri Personal Injury Lawyer Blog

Kansas City personal injury lawyers know that while train travel is much safer than car travel, per mile traveled, accidents can and do happen. However, train ridership is up in Missouri. According to a press release sent out by MoDot on Oct. 13th, the number of people who are using trains instead of their personal vehicle is on the rise here in Missouri. In September, 14,150 passengers rode the Amtrak Missouri River Runner, as compared to 13,038 in September 2010 - an increase of 8.5 percent. This train travels twice daily between Kansas City and St. Louis, a trip taking approximately five hours and forty minutes.

"The number of passengers on the Missouri River Runner continues to grow because the service has become consistently reliable," said Michelle Teel, MoDOT's Multimodal director. "With gas prices continuing to hover around $3 a gallon, traveling by train is an economical option for travelers."

The fact that Amtrak's on-time performance was at 90% all through September provided another incentive for travelers who are tired of traffic jams, road construction slowdowns and the omnipresent danger of semi-truck accidents.

Missouri has received $37 million in government funds from the Federal Railroad Administration. It has used the money to remove bottlenecks along the River Runner's path, conduct a wide-ranging state railroad plan and improve customer access to St. Louis' Gateway Station.

Continue reading "Amtrak Ridership up for Kansas City Missouri Travelers--Is Train Travel Really Safer? " »

Many government agencies at the federal, state and local level have been working tirelessly to reduce the number of drunk driving accidents for decades. We frequently report in our blogs on the efforts of the Missouri State Highway Patrol's various drunk driving initiatives, such as sobriety checkpoints and saturation patrols. However, from our own experience as Springfield MO injury lawyers we know how many impaired drivers are still on the roads, causing deadly accidents and wreaking havoc with other peoples' lives.

A new study released Oct. 4th by the CDC reports that drunken driving incidents have actually dropped an impressive 30 percent in the last five years. In 2010 they hit their lowest number in almost two decades.

However, the study does not give the credit to stricter laws or ongoing law enforcement efforts. Instead, it postulates that the decline in drunk driving accidents may be due to the recession. Various other research indicates that people are still drinking as much as ever--however, they seem to be doing it at home, which is much cheaper than partying at bars, nightclubs or restaurants. It is also obviously safer, as no driving is involved.

"One possibility is that people are drinking at home more and driving less after drinking," said Dr. Thomas Frieden, director of the Centers for Disease Control and Prevention.

The CDC conducted a 2010 nationwide survey of 210,000 adults. They were surveyed over the phone and allowed to remain anonymous, hopefully freeing them up to answer with total honesty. One in fifty of the respondents admitted to at least one instance of driving drunk in the previous month. If these statistics hold for the general population, it would indicate as many as four million Americans drove drunk in 2010.

Continue reading "One Positive Benefit of the Recession--Drunk Driving Accidents Decrease in Springfield Missouri and Elsewhere" »

Springfield Missouri injury lawyers wonder if the day will come when we never read about drunk drivers killing innocent victims again. Although the following accident happened in St. Louis County, it is not dissimilar to the kinds of personal injury and wrongful death cases we represent here in Springfield and other parts of Missouri.

According to the Missouri State Highway Patrol, Patrick Dawson Walsh, 20, was driving a 2005 Chevrolet Silverado when he rear-ended a 2007 Chevrolet Tahoe on Sunday, Sept 25th. The accident occurred around one in the morning, in the westbound lanes of Interstate 270, just west of West Florissant Road.

The force of the collision caused the Tahoe to roll over, killing two of its occupants--Steven M. Brueggen, 38, and Michael R. McLemore, 37. They were both pronounced dead at the scene. The Tahoe's five other occupants fared better, receiving only minor injuries. Walsh suffered minor injuries as well.

Mr. Walsh was arrested and held at St. Louis County jail on suspicion of drunken driving, second-degree assault and involuntary manslaughter. Later that day, two counts of involuntary manslaughter and five counts of second-degree assault were filed against him. His bail was set at $100,000, payable with cash only.

Continue reading "Suspected DWI Leaves Two Dead and Five Injured in Tragic St. Louis Missouri Accident" »

If you are injured in a car accident in Springfield MO and another driver was at fault, you want what is fair. Nothing more, but nothing less. But what happens if you were not wearing your seat belt at the time of the accident, as required by Missouri law? Everyone knows that wearing seat belts can sometimes minimize injuries in an accident--that is why they are required by law in all fifty states. In this article, Springfield personal injury lawyers will discuss how the "seat belt defense" may factor into the amount of damages you can receive.

What is the "seat belt defense?"

This defense is used to claim that the victim in a car accident shares some of the liability for the accident because he or she was not wearing their seat belt at the time of the accident. This argument is used in court to try to reduce the amount of damages plaintiffs can recover.

Nationwide, 31 states have completely rejected the seat belt defense, whereas 15 states do allow it to some degree. In states that do allow the seat belt defense, a plaintiff's damages could be reduced based on the theory of "comparative negligence" or a "failure to mitigate damages."

Does Missouri allow the "seat belt defense?"

Missouri is one of the states that will allow defense attorneys to bring up the fact that you were not wearing your seat belt during the accident. However, according to Missouri statute, only 1% of fault can be assessed against you by the jury. If the defense does bring this issue up in court, your attorney can ask the judge for a limiting instruction, advising the jury that they cannot assess more than 1% of fault based on that fact.

Continue reading " Do Springfield Missouri Car Accident Victims Share Any Fault if They Weren't Wearing a Seat Belt at the Time of the Accident?" »

One of the most pressing problems victims of Springfield Missouri car accidents run into is how to pay for the medical treatment they need. Many people are shocked and dismayed to learn that the other driver's insurance company will not immediately cough up money for treatment as it is received, even if that other driver is clearly at fault.

Frankly, it can take weeks, months or even years to receive an insurance settlement for damages, depending on the severity of the accident and how clearly liability can or cannot be proved. It is likely that Springfield accident victims will have to start off paying their medical bills out of pocket or from another source.

Obviously, you can use your own personal medical insurance for this purpose--that is why you are paying for it. But what happens with all the Missourians who currently have no medical coverage? Medical expenses from a car or truck accident can stress your income and family savings.

For this reason, Springfield personal injury lawyers always recommend that Missouri drivers carry medical payments insurance. This optional coverage on your auto policy, also known as "med pay", will pay for reasonable and necessary medical costs up to the limits you purchase in the policy. Limits typically are $ 1,000 to $ 5,000; however, we have seen limits as high was $100,000. Med pay covers you as well as any family members or passengers in your vehicle who are injured during the accident. For example, if you have $ 5,000 in coverage, there is $ 5,000 for each occupant in your car. Fault does not play any part in this coverage, so it doesn't matter who caused the accident. If you caused the accident, you can still recover.

Continue reading "How to Pay For Medical Treatment after a Springfield Missouri Car Crash" »