Missouri Personal Injury Lawyer Blog

Nationwide, car accidents involving alcohol are on the decline, but even so, the news is filled with stories of drunk drivers. Consider these recent headlines:

• Rockland police: Drunk driver caused three-car crash, Rockland, MA
A Massachusetts woman was injured on Monday after a drunk driver caused a 3 car accident. According to police, 35 year-old Daniel Loughlin's vehicle spun out and smashed into an SUV, knocking it into a 3rd car. The woman driving the SUV was taken by ambulance to a local hospital. Loughlin, who police said smelled of alcohol, already had 2 DUI convictions. At the scene, he admitted he had consumed a few beers. He refused to submit to a blood alcohol test, so his license was automatically suspended. He is now charged with negligent driving, violating marked lanes, and third-offense DUI.

• Police: Drunk driver kills 2 in fiery Philly crash, Philadelphia, PA
On Thursday, 26 year-old George Vidra had been drinking when he ran a stop sign and broadsided another vehicle, which caught fire. The occupants (a 26 year-old woman and a 31 year-old man, whose names have not been released) were pronounced dead at the scene. Vidra faces multiple charges, including vehicular homicide and driving under the influence.

• State high court tells judge: Give man max on DUIs, Lincoln, NE
The Nebraska Supreme Court intervened in the sentencing of a repeat drunk driver, imposing a 10 year prison term on 56 year-old William Parminter. Parminter, who had been convicted of back-to-back drunk driving charges, is a 4 time offender. The Supreme Court found that Parminter's concurrent sentences for the last 2 offenses were "excessively lenient," and ordered that the Lancaster County District court re-sentence him. Parminter must serve at least 5 of those 10 years.

• Drunken Driving Foes: Return Licenses to Repeat Offenders, Boston, MA
WCBVTV investigates the number of Boston drivers who have had their licenses revoked for life after committing 5 drunken driving offenses. The answer? 1,824. The article identifies 2 specific Boston men who appeared in court on the same day: Edward Wright, who pleaded not guilty to his 8th drunk driving charge; and Stephen Buchanan, who pleaded not guilty for his 5th OUI (operating under the influence). The fact is that drunk drivers who lose their licenses are continuing to drive drunk anyway, leading the MADD chapter in Massachusetts to advocate for alternative penalties (like ignition interlock devices).

Continue reading "Drunk Drivers & Repeat Offenses: A Growing Epidemic in Missouri & Nationwide" »

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 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" »

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" »

This is one of the saddest stories Missouri Personal Injury lawyers have written about in a long time. Despite safety checkpoints, despite the state patrol and other government agencies efforts, drunk drivers were still out on the roads this Fourth of July causing heartbreak, ruining lives and killing people.

This accident happened on I435, near 63rd St. in Kansas City, Kansas. Apparently, a drunken motorist was driving down the wrong side of the highway, before the fatal car crash. Diane K. Bronson and her daughter Anna, of Belton, were killed.

The driver, Felix Solano-Gallardo, 18, of Kansas City, Kan, was charged with two counts of involuntary manslaughter. Tests two hours after the accident confirmed his blood alcohol level at 0.185--more than double the legal limit.

Apparently, Gallardo had two different Mexican ID cards on him, leading prosecutors to suspect he is an illegal immigrant. When questioned, Gallardo was uncooperative with police. He immediately asked for an attorney via interpreter.

According to police, Gallardo had been driving the wrong way for at least 14 miles before this accident happened. They believe he ran another motorist off the road right into a concrete median on I70 near Harrison Street, earlier that same day.

Continue reading "Fourth of July Drunk Driver Auto Accident Kills Mother and Daughter" »

Missouri Personal Injury Lawyers hope that you will enjoy your Independence Day holiday weekend--and keep your independence. What do we mean by that? Over the years we have seen far too many injuries caused by Fourth of July festivities. We have seen the unfortunate results of firecracker injuries, boating accidents and drownings, and the usual holiday auto accidents and motorcycle accidents. Winding up in the emergency room or on crutches for the next few months, or even worse becoming permanently disfigured or disabled is what we call losing your independence.

Not to mention the hazards of causing an auto accident or boat accident while intoxicated, and possible winding up with jail time. That is also what we call losing your independence--big time--and it's so unnecessary.

We like to attend parties and get together with family and friends, and enjoy Missouri's parks, lakes and rivers as much as anyone else--but we do so with a dose of common sense, and a healthy regard for our friends' and family's safety.

We don't want to take the wind out of anyone's sails (no pun intended) but consider these sobering statistics:

The Fourth of July has consistently had the highest number of alcohol related auto accident fatalities for the entire year...every year. In 2010, 13 people were killed and 472 injured in Missouri alone over the holiday. The Missouri State Highway Patrol arrested 169 people for driving while intoxicated during last year's holiday weekend.

Continue reading "Happy Independence Day 2011-- Please Drive Safely this Holiday Weekend " »

Lawmakers are looking to toughen some laws on repeat drunk driving offenders in Missouri so that more federal money can be used to make road improvements. Sen. Bill Stouffer, a Napton Republican, says that these types of changes would allow the state to redirect more than $15 million in federal funds from highway safety programs to road construction.

The bill would also limit the privileges on repeat offenders so that they would no longer be able to drive to medical appointments as they would only be allowed to drive to school, work, alcohol or drug treatments or to their ignition interlock provider, according to News-Leader.

Our Missouri personal injury attorneys know drunk drivers are too often responsible for a hit-and-run accident or an uninsured motorist accident. We are also aware of the recent issues revolving around drunk driving sentences and the initiative from the public to create stricter and steeper sentences.

Those who have been classified as a repeat offender would also be required to complete community service and court-ordered treatment programs if they were looking to avoid jail time.

A House committee heard testimony on the bill earlier this month. The Senate passed it last month.

Regardless of sentence times and other possible repercussions, all drivers are encouraged not to drink and get behind the wheel of a motor vehicle. You are urged to find a sober driver, call a cab, take the bus, stay at a friends house or get a hotel.

Motorists are also asked to be on the lookout for drunk drivers -- don't let friends drive drunk and don't hesitate to report a drunk driver to authorities. Drunk driving accidents in Missouri claimed nearly 400 lives last year.

Progressive Insurance offers you these safety tips to help stop your friends or family members from jumping behind the wheel of a motor vehicle after having consumed any amount of alcohol:

-If the intoxicated person is a close friend of yours, approach them with a calm, soft approach. Suggest they've had too much to drink and they should let someone else drive or just to take a cab. Be light about the situation, express true concern and let them know that you're really doing them a favor.

-If the intoxicated person is somebody you don't really know that well, talk with their friends and make sure they make an attempt to persuade them to hand over the keys. They're more likely to listen to their close friends

-If the intoxicated person is a good friend, spouse or significant other, tell them that you will not be riding with them. Tell them that you will happily either call someone else for a ride, take a cab or walk. Fine that person's keys while they're preoccupied, take them away and hide them. Hopefully, they will just think they've lost their keys and will be forced to find another way home.

-It is important to remember to avoid embarrassing the person or being confrontational with them. This will make them appear vulnerable to alcohol and its effects and they are likely to grow upset or angry with the situation.

Nearly 11,000 people lost their lives in accidents that involved an alcohol-impaired driver in the United States in 2009, according to the National Highway Traffic Safety Administration. Alcohol-related driving deaths make up more than 30 percent of all the motor-vehicle traffic deaths in the United States. During 2009, drivers aged 21- to 24-years-old had the highest percentage of deadly accidents with a blood alcohol concentration of .08 or above.

INearly 400 people were killed in 2009 by traffic accidents involving an intoxicated driver in Missouri alone in 2009.

Continue reading "Lawmakers Try Cashing in on DWI Offenders in Missouri to Fund Road Construction Projects" »

Those hit by a drunk driver in Missouri are not seeing the appropriate justice. Drunk drivers are being released from prison all too quickly, says Mike Boland, executive director of the Gateway Chapter of Mothers Against Drunk Driving.

The organization has been trying to raise awareness in the public about a recent issue involving an accident that took the life of an 18-year-old female who was involved in an alcohol-related motorcycle accident back in 1995, according to STL Today. The driver, a 21-year-old Arizona State University student, was tried for the accident and pleaded guilty to driving while intoxicated in St. Louis County.

Our Missouri injury attorneys understand that drunk drivers pose serious threats to other motorists. Being involved in a drunk driving accident in Jolpin, the Bootheel, Colombia, Springfield or elsewhere in Missouri can result in serious or fatal injuries. You are advised to contact a lawyer immediately if you've been involved in an accident with an intoxicated driver.

The at-fault driver in this case pleaded guilty to charges of manslaughter and served five years in prison. Some members of Gateway Chapter of MADD contacted and wrote letters to the court asking that the driver serve more time behind bars. What angers the members of M.A.D.D. even more is that after serving his time, the motorcyclist racked up two more DWIs, one in 2008 and one in 2009.

The law for drunk driving offenses in Missouri is a graduated one, as charges can range within several different levels of various misdemeanors and felonies. The severity of each charge is determined by the number of previous offenses.

Prosecutors in St. Louis County recently charged him as a persistent offender, which is a felony charge that comes with a maximum sentence of four years in prison. When the driver was sentenced again in January, he received three years and six months behind bars.

Shortly after the drunk driver was sentenced, MADD discovered that he had a hearing in May that could possibly set a date for his release. That hearing doesn't guarantee he will be released early, but the board could decide to revisit that proposal in a few months. A decision has not yet been made.

The attorney for this alleged offender is seeking treatment for the driver's drinking, but ultimately the length of his sentence will be determined by the Missouri Department of Probation and Parole.

The Department of Probation and Parole reports that in 2010 drivers convicted of a DWI served an average of 40 percent of their given sentence. Even worse, some offenders convicted of a felony, depending on the circumstances, serve just 15 percent of their sentence, which in this particular case would keep him behind bars for a week shy of seven months.

"People wonder why we're called MADD, and it's simple," says Boland. "If you're looking for justice in drunk driving, it's very, very hard to find."

According to the National Highway Traffic Safety Administration, nearly 11,000 people were killed in accidents that involved an alcohol-impaired driver in the United States in 2009. Alcohol-related driving fatalities make up more than 30 percent of all the motor-vehicle traffic fatalities in the entire country. In the same year, drivers between the ages of 21 and 24 had the highest percentage of fatal accidents with a blood alcohol concentration of .08 or above.

In Missouri, nearly 400 people were killed in 2009 by traffic accidents involving an intoxicated driver.

Continue reading "Driver Faces Only Four Year Sentence for Fatal Drunk Driving Motorcycle Accident in Missouri" »