Missouri Personal Injury Lawyer Blog

It's no secret that car accidents can have unspeakably tragic consequences. Most crashes are 100% preventable: they happen as the result of a driver error, carelessness, or both. However, the Missouri Highway Patrol believes that a recent hit and run collision was anything but an accident, and today, they filed second-degree murder charges against a Polk County man.

The incident happened on Sunday evening near Eudora. Earlier in the day, 28 year-old Tommy Ray Bryant and his cousin Shannon Shaffer Sr. were involved in a physical fight during family gathering at Lake Stockton. According to witnesses, both men had been drinking. Hours later, Bryant and Shaffer fought again at a residence on Route W, west of Highway 123. This time, the altercation also involved Shaffer's son, and his girlfriend was also present. According to the probable cause statement from law enforcement officials, a neighbor heard the fight and attempted to break it up. He led Bryant away from the driveway and down the street on foot.

As they walked away, investigators allege, Shaffer got into his truck, pulled out of his driveway, and drove directly at the 2 men. The neighbor was able to get out of the way, but the vehicle struck Bryant, who dove into the grass. The vehicle drug Bryant approximately 50 yards while continuing to accelerate, and then it sped away. Bryant was killed.

Police continue to search for Shaffer, who has not yet been arrested. After he is taken into custody, he will be held on $250,000 bond.

Continue reading "Polk County Driver Faces 2nd-Degree Murder Charges After Allegedly Striking, Dragging His Cousin" »

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" »

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" »

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" »