Missouri Personal Injury Lawyer Blog

Happy St. Pat's! For those who are planning to celebrate: our Joplin car crash attorneys want to draw your attention to a recent press release from the Missouri Highway Patrol. It's titled "Drive Sober or Get Pulled Over on St. Patrick's Day Weekend."

On March 16-18, the release says, the Patrol "will participate with other law enforcement agencies to arrest impaired drivers, and to help safeguard Missouri's roadways." Several troops statewide will participate in multiple checkpoints (where individual drivers are checked for sobriety) and DWI saturation patrols (where multiple offers saturate a targeted section of a roadway).

According to Missouri state law, drivers are required to submit to an alcohol test upon a police officer's request. When a driver refuses, his or her license is automatically revoked for one year. Currently, the penalties for a first-time conviction of drunk driving in Missouri are a 30-day driver's license suspension. After the 30-day suspension, a driver is eligible to get a 60-day restricted driving privilege. A driver is able to get a full driver's license once again after all reinstatement requirements are met. Aside from these legal consequences, even more severe repercussions can result from drunk driving accidents: namely, serious injuries and deaths.

Nationwide, there were nearly 10,250 people killed in 2010 because of alcohol-related traffic accidents. According to the National Highway Traffic Safety Administration (NHTSA), there was an increase in the number of truck and van drivers' involved in alcohol-related accidents from 2009 to 2010. These numbers demonstrate that the problem isn't getting any better. Although accidents caused by drunk drivers are completely preventable, hundreds of Missourians continue to die in these crashes every year.

Continue reading "Keep Missouri Roads Safe Over St. Pat's Weekend: Don't Drink & Drive" »

Our Springfield car accident lawyers were troubled to see the Missouri Highway Patrol's news release on March 7. The headline reads "Missouri Traffic Deaths on the Rise After Six Year Drop." According to the release, the Patrol is reporting a sharp increase in auto accident fatalities in early 2012: "When comparing early last year to the same time period this year, as of the date of this release, Missouri has experienced an increase of 29 traffic crash traffic crash fatalities." All Missouri drivers would do well to take note of the Patrol's findings, as many of these fatal accidents share common characteristics.

• Of Missouri auto fatality victims in 2012, 2/3 were not wearing seat belts.

• In recent fatal crashes, a "common theme of the contributing circumstances" is lane departure. Many of these accidents involved drivers who ran off the right side of the road, often overcorrecting in response; or drivers who crossed the center line and collided with other vehicles head-on.

It's difficult to identify a single causal factor for the increase. According to stltoday.com, Captain Tim Hull declined to single out texting and driving as the sole culprit: "It's a lot of things that take their mind off that full-time job of driving," Hull said.

This point is an important one. By now, most people know that texting and driving is dangerous, and that it has caused numerous fatal accidents (although many of those same people still admit to doing it anyway). However, it's a misconception that the "distracted driving" label is all about texting. A distracted driver is any driver whose focus is divided between driving and another task. Distracted drivers might be talking on handheld or hands-free cell phones. They might be eating lunch, or putting on lipstick, or flipping through iPod playlists. Or they might be texting. The crux of the matter is this: when your focus is divided, you are much more likely to cause an accident.

Continue reading "Missouri Highway Patrol Reports Increase in Fatal Car Accidents in 2012" »

On March 6, an 18 year-old Florida man was sentenced to 15 years in prison for vehicular homicide and leaving the scene of an accident. The charges are connected to a 2010 incident, wherein Ramesse Harris (then, only age 16, and driving a stolen car) fled from Manatee County Sheriff's Deputies and initiated a chase. Law enforcement officials called off the pursuit when Harris entered St. Petersberg, due to concerns about risking public safety by continuing a high speed chase on city streets. About 60 seconds later, Harris ran a red light and T-boned a car driven by 56 year-old Gary Lane Smith. Harris was injured, and Smith was pronounced dead at the scene. Throughout the chase, law enforcement reported speeds between 60 and 100 mph.

While relatively few Missouri drivers have been pursued by police, many of us are likely guilty of speeding. Excessive speed is a leading cause of auto accidents in Missouri: each year, drivers traveling well in excess of the posted speed limit are responsible for car accidents that result in serious injuries and fatalities.

As with many other kinds of accidents, car crashes caused by excessive speed are easily preventable: catastrophic injuries and expensive medical costs caused by these accidents can be avoided. Missouri drivers are urged to follow a few simple rules to help prevent car accidents, and keep all motorists and passengers safer on our state's highways:

• Observe and obey posted speed limits. Speeding can limit the time you have to avoid a dangerous collision.

• Pay attention. Distracted driving, often caused by cell phone use and texting, leads to a loss of focus on the road, and can be as dangerous as driving while intoxicated.

• Don't drink and drive. If you do plan to drink, appoint a designated driver.

• Don't tailgate. Following too closely reduces the time and space you need to avoid a car crash.

• Don't drive while tired. Tired driving carries many of the same risks as drunk driving, and can lead to a deadly accident.

Continue reading "Excessive Speed Causes Injuries, Fatalities on Missouri Highways" »

Prior injury doesn't negate recovery for injury exacerbation in Missouri, according to precedent. In other words, when personal injuries are caused by negligence, Missouri law says the victims are entitled to full compensation for their losses, even if they suffer from preexisting conditions. This concept is known as the "eggshell skull rule," which provides that you take your plaintiff as you find him or her.

Consider this hypothetical example:

• Max and Sam sit at the same table in school. They've been arguing, and in frustration, Max kicks Sam in the shin. Max doesn't even kick that hard, but Sam screams, and his leg immediately swells. As it turns out, Sam had injured his shin playing soccer the week before, and Max's actions make the injury much worse: Sam requires surgery, and in the end, Sam's mobility is permanently affected. Sam can sue Max for the full extent of his injuries, even though Max didn't intend to cause any real damage; and even though Sam's preexisting condition (not caused by Max) made him more susceptible to injury.

The Kingman Case

The eggshell skull rule played a role in a 2011 Missouri 8th Circuit case: in Kingman, et al. v. Dillards, Inc., the court held that an injured woman deserved to be fully compensated for injuries sustained to her shoulder, even though she had injured the same shoulder previously.

In 2004, Paula Kingman was shopping in a Dillards store when a high-hanging clothes filled rack fell on her. She twisted her right arm back violently to avoid being hit in the face and buried in clothes. Her right shoulder was injured that day as well as in both previous and subsequent accidents - in fact, years previously, she had been involved in a car accident that left her husband a quadriplegic. Paula had been his primary care giver, until the Dillards accident.

Paula sought compensation from Dillards for her injury. Dillards defended with the contention that they didn't cause Paula's injury and that they couldn't have known that Paula was already injured.

Continue reading "Missouri Personal Injury Claims and the Eggshell Skull Rule" »

Safe driving advocates often say practice makes perfect, encouraging young drivers to get as much experience behind the wheel as they can. But some worry that old age may be a contributor to a substantial number of car accidents in Missouri. Safety officials encourage older drivers to remain proactive when it comes to safety, and to ask themselves the question, "Is it time for me to hang up my keys?"

Growing old brings many blessings, but it also means that certain of our senses and abilities will inevitably deteriorate. At some point, we will all experience loss of eyesight, or hearing, or cognitive function. While this may be a difficult time in anyone's life, it is important for us to push these feelings aside and put the safety of motorists (and ourselves) at the forefront.

The National Highway Traffic Safety Administration (NHTSA) offers you these warning signs that may signal that a senior is no long able to drive safely:

• Receiving tickets for number driving violations.
• Getting lost when taking a familiar route.
• Noticing new scratches or dents on your vehicle.
• Experiencing accident or near-misses.
• Finding that roads signs and road marking are suddenly overwhelming.
• Driving either too fast or too slow for no apparent reason.
• Having trouble navigating turns.
• Hitting curbs or other precautionary road objects.

The United States reported a population of 40 million people ages 65 and older in 2009: this age group made up nearly 15% of the entire population. During this year, nearly 5,500 people age 65 and older were killed in motor-vehicle accidents. Another 187,000 people of this age group suffered injuries from the same incidents. These accidents accounted for nearly 20% of all 2009 traffic accident fatalities, and another 8% of traffic accident injuries.

Continue reading "Older Drivers and Missouri Accidents: When Does Safety Become a Concern?" »

It seems like you can't watch the news lately without hearing something about distracted driving. Whether it's an accident report, proposed distracted driving laws, or research findings, distracted drivers are certainly commanding a great deal of media attention in Missouri and nationwide.

Consider these articles from various news outlets:

USA Today: Parents distracted while teaching kids to drive
A State Farm survey reveals that the majority of parents admit to using electronic devices while driving or - even more shockingly - while teaching their teenage children to drive. 53% of parents say they've been distracted by cell phones while giving their teens driving lessons. And teens? They say it happens even more often: 61% reported seeing their parents distracted by cell phones during these lessons. What's more, 54% of teens surveyed said they had seen their parents talking on a cell phone or texting while driving, either "sometimes," "often," or "all the time."

State Farm's Chris Mullen called the findings "alarming": "There is a need to remind parents that they are the role models. Whether it's deliberate or not, we're showing these teens what's acceptable in the car," Mullen said.

MSNBC: Feds to crack down on texting while driving
Transportation Secretary Ray LaHood has recommended that automakers take voluntary steps to limit the use technology in moving vehicles. These recommendations develop a set of safety criteria that would affect hands-free calling, navigation systems and entertainment systems. The article reports that "the guidelines are mainly an attempt to reach younger drivers, who are the most inexperienced and whose daily lives are most influenced by wireless technology."

Note: In addition, USA Today also reports a growing interest in smartphone applications that stop people from using their phones while a vehicle is moving: they are especially popular with corporate fleet managers and the parents of teen drivers.

Continue reading "Distracted Driving: Still Making News in Missouri & Nationwide" »

Here in Springfield, Missouri, our city's red light camera program is a controversial subject. City officials are currently considering whether or not to reinstate the program, and there's been some measure of opposition from local residents. Springfield will have to address certain procedural issues to legally reactivate the cameras, which have been turned off since 2010. For many drivers, however, the issue is more about safety.

Our Kansas City, Missouri personal injury attorneys are aware that there are two schools of thought regarding red light cameras and their effect on car accidents. Opponents maintain that red light cameras actually cause more car crashes, since drivers are more likely to slam on their breaks to avoid a camera-enforced ticket - which increases the number of rear end accidents. Others argue that the cameras are an important means to preventing red light violations, thereby decreasing the number of T-bone collisions at intersections, which can be extremely brutal and deadly.

A red light camera in St. Louis captured one such T-bone crash earlier this week - and it's tough footage to watch. The accident happened at Grand Boulevard and Natural Bridge last Saturday. In the video, you can see a white Grand Prix tear through the intersection, running a red light - police estimate that the car was traveling at least 80 mph. The Grand Prix clips one car, sending it spinning, and then slams into a Metro Call-A-Ride bus. The impact of the collision is so strong that the bus is knocked onto its side.

To see the video, click here. Warning: the footage is extremely graphic.

Two backseat passengers in the Grand Prix - Daionsha Scott, 19, and Marion Robinson, 21 - were killed. The driver and a front seat passenger were both hospitalized, along with both occupants of the car clipped by the Grand Prix. There were no passengers aboard the Metro bus: the bus driver suffered minor injuries.

The circuit attorney's office is expected to file charges against the driver of the Grand Prix, who was a friend of Scott and Robinson. Why he ran the red light - and why he was traveling at such a high speed through such a busy city intersection - is still a mystery, though there have been some reports claiming that someone was chasing the Grand Prix. The accident is still under investigation.

Continue reading "Red Light Camera Captures Fatal Missouri T-Bone Collision" »

Our Missouri personal injury attorneys are continually amazed that so many people still choose to drive after drinking. Unfortunately, they do: drunk drivers remain a safety hazard for drivers in Springfield, Kansas City, Columbia, Cape Girardeau, Joplin, and throughout Missouri.

Early Wednesday morning, a Fordland man was arrested in Springfield after leading police on an hour-long chase before crashing at Park Central Square. The incident started around 1:30 a.m. near Commercial Street, north of Evangel University. Springfield Police attempted to stop a pickup truck on suspicion of driving while intoxicated, but the truck sped away: law enforcement followed the vehicle north on Glenstone to I-44. When the chase went outside of city limits, the Greene County Sheriff's department joined in the pursuit. Speeds reached about 50 mph in town, and up to 90 mph on I-44.

Law enforcement attempted to use stop sticks throughout the chase, but the driver was initially able to avoid them. Corporal Matt Brown of the SPD says this problem is common in pursuits: "They see them out in the road, or they see the officer throw something...so they'll slow down, try to drive around it," Brown says. And the pickup truck was successful at avoiding the sticks, until it reentered the city via Chestnut Expressway. Finally, it struck the SPD's spike strips at the West Bypass intersection, leaving both front tires blown. The truck continued to downtown Springfield, where it crashed into a concrete barrier at Park Central Square.

The driver of the truck, 37 year-old Andrew Hegger, is now facing multiple charges, including DWI and multiple traffic violations. Police found alcohol in the truck, and after his arrest, they discovered that Hegger was driving a stolen vehicle; he was on probation for a 2008 DWI conviction; and he was wanted on four outstanding warrants. After the crash, Hegger was hospitalized with a leg injury, and his two female passengers also suffered minor injuries.

According to Cpl. Brown, the SPD's pursuit policy sets limits on the conditions allowing law enforcement officers to give chase. One of the criteria that gives officers the authority to pursue is suspicion of drunk driving, because such behavior endangers public safety. "Our pursuit policy is pretty restrictive for us, because we always take into account the public's welfare foremost above anything," Brown said.

Continue reading "Hour-Long Police Chase Leads to Accident, DWI Arrest in Downtown Springfield, Missouri" »

As Missouri personal injury attorneys, we're frequently asked about the settlements our clients may receive. Here are some of the most common questions...

Q: Why would I need a personal injury lawyer if I've already been offered a settlement that covers my bills from the other driver's insurance?

A: We advise never accepting any settlement before you are completely certain of what injuries you have suffered. It's easy to immediately see what has happened to your vehicle, but not as easy to see what has happened to your body. You need to consider the long term implications for recovery, to what extent you will require ongoing medical treatment, and any lost wages while recovering.

Always determine the full value of your claim before accepting any settlement from an insurance company. Otherwise, you might find that it does not cover your needs: once you've accepted, it will be too late for you to do anything about it. We know it's tempting to take that check immediately and be done with it, but if you do that, you may very well be cheating yourself out of funds you'll need to manage your recovery. The best way to determine if a settlement offer is fair is to consult with a Missouri personal injury attorney, whose specific experience in this area can guide you.

Q: What if I can't afford an attorney?

A: Most personal injury law firms provide a free initial consultation, and will only receive money if they win a claim for you. In this case, they would take a percentage. So, you have no need to worry about legal bills on top of medical bills--you can feel confident in hiring the proper legal representation to get you the settlement you deserve.

Continue reading "Commonly Asked Questions about Missouri Personal Injury Settlements" »

Several million Americans, including many Missourians, have suffered a traumatic brain injury (TBI) - a sudden violent blow to the head that affects normal brain function. Our Missouri personal injury attorneys know that the most common cause of these injuries is automobile accidents. Brain injuries can result in many difficult symptoms, such as memory loss, decline in motor skills, and other physical effects. Many sufferers are unaware that they've even had this type of injury until long after other symptoms and conditions have developed.

Studies show that depression is another common side effect of brain injuries, one which often goes undiagnosed and untreated. Although depression from a brain injury usually appears within a year of the injury, the risk of it developing later in life is permanently elevated. In fact, a study by Vanderbilt University reports that 30 percent of traumatic brain injury sufferers will develop depression at some point in their life.

TBIs result in 1.2 million emergency room visits each year, and "[a]ny patient who has a traumatic brain injury is at a real risk for developing depression, short and long term," according to study co-author Oscar Guillamondegui. The study found that, on average, 27% of patients met criteria for depression 3 to 6 months after injury; 32% at 6 to 12 months; and 33% beyond 12 months.

"Whether you look at depression 3 months after TBI or 1 year or even 5 years, the prevalence is consistently about 30% across the board at all time points regardless of type of injury or severity of injury. When you consider that estimates of depression in the general population run at about 8% to 10%, this is very high," said Dr. Melissa McPheeters, the co-author.

Continue reading "Brain Injuries and Depression Are Directly Linked: Most Brain Injuries Result From Car Accidents" »

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" »