Missouri Personal Injury Lawyer Blog

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" »