Missouri Personal Injury Lawyer Blog

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" »

In this article, Springfield MO accident lawyers explain the complications chain reaction accidents can pose to a personal injury case, particularly if semi-trucks are involved. Chain reaction crashes are some of the most frightening and deadly types of Missouri car or truck accidents, usually involving multiple vehicles who run into an already existing accident on the highway.

Many times these deadly pile-ups are caused by inclement weather or hazardous road conditions, but roadside construction and traffic slowdowns also cause their fair share. In the case of chain-reaction accidents which are due to snow or icy roads, they have even been known to involve rescue vehicles, such as fire trucks and ambulances that show up to assist with the original crash. As winter approaches, Springfield motorists are urged to take particular caution if the roads are icy or the visibility is poor.

A recent fatal accident, which took place in October on Interstate 90 in Idaho, illustrates the dangers of these crashes. Usually, vehicles will pile up behind an existing crash, but in this incident, the force of a semi-truck slamming into the back of a stopped SUV caused a chain-reaction in the vehicles in front of it.

The road conditions were clear and dry at the time of this crash, but traffic conditions caused a semi-truck to stop in an eastbound lane of I 90. A car, another semi, and the SUV all slowed and came to a near stop behind the original semi-truck. However, a third semi didn't slow, and wound up rear ending the SUV. But the accident didn't stop there.The force of the collision pushed the SUV into the semi in front of it, and that semi then hit the car in front of it, pushing it into the original semi that had stopped for traffic.

The occupants of the SUV, Jess Albert Bass, 68, and Jean Elaine Bass, 73, of Star, Idaho, were pronounced dead at the scene. It is not known if they were killed by the initial impact with the semi, which hit them from behind, or from the force of the resulting collision with the car in front of them. Several occupants of other vehicles were taken to area hospitals with nonlife-threatening injuries.

Continue reading "Chain Reaction Accidents Lead to Personal Injury Lawsuits in Springfield Missouri and Elsewhere" »