KMOV news in St. Louis reported earlier this week that a motorcycle group was demanding that MoDOT repair a portion of Highway 94 in St. Charles County, Missouri that allegedly has caused two recent St. Charles County motorcycle accidents. The group felt that a large pothole was a threat to motorcycle riders and needed to be filled. A MoDOT spokesperson said MoDOT would take a look at the pothole and make any necessary repairs.

Under Missouri law, entities like the Missouri Department of Transportation are protected from liability, to a degree, under the sovereign immunity doctrine. However, Missouri law waives the protection afforded by sovereign immunity for damages for negligent acts under certain circumstances. For example, liability can be imposed on MoDOT for injuries caused by the condition of its property if it can be shown, among other things, that MoDOT had actual or constructive notice of a dangerous condition in time prior to an injury to have taken corrective measures. To view Missouri's sovereign immunity statute click here.

Motorcycle accidents can cause serious and devastating injuries. When the accident is caused by a defect in the roadway, a potential MoDOT claim may exist if elements of Missouri's statute can be established.

Motorcycle Group Demands Repairs for Highway 94, KMOV.com, October 18, 2011

According to DeSoto, Missouri police, the children were crossing the street to board a school bus when a driver failed to stop for the bus stop sign arm. Missouri law requires that the driver of a vehicle, upon meeting from either direction any school bus which has stopped for the purpose of receiving or discharging school children and whose driver has given the signal to stop, shall stop the vehicle before reaching the school bus and shall not proceed until the school bus resumes motion, or until signaled by its driver to proceed. For the text of this Missouri law click here.

The news article mentioned certain mitigating factors such as glare from the sun, but the need for extreme caution around a stopped school bus can never be underestimated. School bus accidents cause serious and devastating injuries and the need for extreme vigilance should always be present.

The latest news reports indicate that at least one of the young pedestrians from this school bus accident was released from the hospital soon after the accident. We can only hope that the second victim of this accident makes a quick hospital exit as well.

2 Children struck at bus stop, KSDK.com, October 5, 2011.

The Post Dispatch reports that the motorcycle, a 2005 Harley Davidson, was struck by an SUV whose driver failed to yield while making a left turn. The Franklin County, Missouri prosecuting attorney is considering whether to pursue charges against the SUV driver, a Fenton, Missouri resident.

Motorcycle accident cases often involve very serious injuries. Many times automobile drivers claim that they did not even see the motorcycle prior to the collision. A recent study was just completed for the Governors Highway Safety Association that reported on motorcyclist traffic fatalities by state. The preliminary data for the country showed motorcycle fatalities were down 2% for the first 9 months of 2010. Missouri motorcycle crash fatalities for this same period declined 1%. To view the preliminary findings in the report click here.

In cases such as this where a rider suffers tragic consequences, an attorney for the family of the victim will most likely be investigating a wrongful death claim. The claim is governed by a specific Missouri statute. While no amount of money can ever replace the loss of a loved one, the statute is designed to compensate family members for the loss of companionship, counsel and service, among other things, of a loved one.

Wildwood Man Killed in Traffic Accident, stltoday, August 14, 2011.

According to the news article, the officer was standing outside of his car in Pine Lawn attending to another traffic stop. Apparently the officer had stopped another vehicle for speeding. Thereafter, the automobile being driven by the Arnold man crashed into the officer's police cruiser. The officer tried to jump onto the car he had stopped to avoid being hit. He subsequently wound up with multiple injuries.

In this case, the officer may have a personal injury claim against the drunk driver. Depending on the facts, the officer may also have negligent entrustment claims or dramshop liability claims.

The injured police officer may also have a claim under the Missouri workers' compensation laws. Because it appears that the officer was in the course and scope of his employment, he may be entitled to benefits including the payment of medical bills and payment for temporary and permanent disability benefits. For more on Missouri workers' compensation law click here.

Pine Lawn Officer Struck by Car at DWI Stop, KSDK, July 24, 2011

One proposal put forth by the government involves reducing the number of driving hours from 11 to 10 a day. The proposal also includes requiring mandatory rest breaks for drivers, limiting the work day to 14 hours and requiring drivers to take more time off to rest after reaching their weekly driving limit.

The Associated Press article discussing the NTSB focus group highlighted the tragic nature of many tractor-trailer, bus and truck accidents. The article discussed a tragic accident in which a 76 year old tractor-trailer driver who had slept only about five hours the previous night and had been driving almost 10 hours failed to see a line of cars stopped on the highway for a fender bender and plowed into and over several vehicles killing 10 people.

As any Missouri lawyer knows, truck accident cases and bus accident cases usually involve serious injury and death. The citizens of Missouri would be well served by increasing the safety of our highways through reasonable regulation.

Panel to Focus on Deadly Truck, Bus Accidents, KMOV, May 10, 2011

The bus company employing the driver had been cited on numerous occasions for violating safety rules involving driver fatigue. Apparently, the company had been cited for 46 violations involving driver fatigue rules over two years. The company was ranked in the bottom 14 percent of motor carriers. According to the National Transportation Safety Board (NTSB) between 13 percent and 31 percent of commercial vehicle crashes are due to driver fatigue.

While this was not a Missouri accident, Missouri bus accident attorneys are no strangers to serious passenger and school bus accidents. The greater St. Louis region alone has had several high profile bus crashes in the last few years. Any St. Louis personal injury attorney would look at the facts of the Bowling Green accident and immediately consider the actions of the company employing the driver. The history of this company's conduct might suggest an action for punitivie damages in a Missouri lawsuit.

A Missouri wrongful death lawyer investigating the Bowling Green accident would consider whether the company's and driver's conduct would constitute an aggravating circumstance under Missouri's wrongful death laws. This claim is similar to a punitive damage count. When companies have a pattern of willfull misconduct, wanton or reckless behavior, punitive damages may be appropriate when someone is injured or killed.

The NTSB is looking at new rules and regulations to make bus companies comply with safety regulations regarding driver fatigue. One proposal is to install an automated method for keeping track of driver's hours instead of paper driving logs. These new regulations should make Missouri roads safer for bus passengers and the citizens of Missouri.

Fatal VA Bus Crash, Yahoo.com News, June 11, 2011

Motorcycle accidents can be particularly devastating. The difference in size and weight between a car or truck and motorcycle can be substantial. This difference adds to the severity of the accident and can lead to horrific injuries and even death to motorcycle riders.

The specific facts of this accident were not disclosed in the article. To the extent that a Missouri personal injury attorney or wrongful death lawyer investigates this accident, they will be looking at the conduct of the car driver and motorcycle rider. The physical evidence at the scene of the accident and the statements of witnesses may assist the Missouri attorney in putting together what took place.

Motorcycle accidents In Missouri and nationwide cause serious injury and death. Many times the operator of a motor vehicle will look right through a motorcycle rider and claim they did not see him or her. Motorcycle riders can increase their visibility and the safety of their rides through various techniques. The Missouri Department of Revenue has published a motorcycle operator manual to assist Missouri riders with safety issues. To view the manual click here.

One Killed After Car Motorcycle Collision in South St. Louis, KMOV, June 10, 2011

According to the Missouri Highway Patrol, the wrong-way driver was reportedly swerving between lanes prior to the head-on collision. The fact that the car wreck happened late at night and involved the type of driving conduct at issue would raise suspicion as to whether any drinking or drunk driving (DWI) was involved.

The Missouri personal injury attorney investigating an automobile crash such as this would want to determine whether there was any alcohol consumption on the part of the driver causing the car wreck. A car accident attorney handling a serious Missouri injury car crash, especially a Missouri wrongful death claim, would want to determine if drinking was involved. The lawyer's investigation may even include where the offending driver was consuming alcohol prior to the car accident. Missouri law, under certain circumstances, can give rise to a claim against the provider of liquor to a drunk driver who causes a collision.

Drunk driving is an issue for Missouri car accident attorneys in many Missouri car and truck crashes. For statistics on Missouri drunk driving automobile accidents, click here.

Wrong Way Driver Strikes Car Head On Kills Man in I-55 Crash, KMOV, May 15, 2011

The article does not discuss the suspected cause of the car/truck accident. Many times truck accident attorneys will use witness statements, physical evidence and information provided by first responders to get an initial impression as to the causes of an automobile accident. Through the formal discovery process in Missouri litigation, Missouri personal injury lawyers will develop additional evidence that may point to other causes of a collision involving a large truck, such as the one in this St. Louis accident.

Most St. Louis personal injury attorneys will investigate truck and auto accident cases on a contingency fee basis. This means that if the injury lawyer agrees to represent an injury victim involved in an accident, there would be no payment of any attorney's fee unless a recovery were obtained in the case. This type of attorney fee is permitted in Missouri.

The victims of serious car and truck accidents in Missouri should consider having a Missouri accident lawyer investigate the claim as soon as possible after the accident. Early investigation may help in documenting the facts of an accident.

Two Injured in Accident Involving Overturned Tractor-Trailer, KMOV, May 7, 2011

Motorcycle accidents can lead to tragic consequences. The National Highway Transportation Administration (NHTSA) commissioned a study in 2007 to analyze factors involved in motorcycle accidents. The study included findings and causes of motorcycle accidents with the purpose being to analyze fatal two-vehicle motorcycle accidents for trends and crash characteristics and identify factors relating to the motor vehicle drivers or motorcycle operators in the crashes. To see the study click here.

Motorcycle accidents frequently occur because auto and truck operators claim that they never saw the motorcycle. In order to increase the awareness of motorcycle operators, the State of Missouri has published a Motorcycle Manual that contains information on how to avoid a motorcycle crash. You can view the Manual by clicking here.

Cars and trucks pulling into the path of a motorcycle are a frequent cause of motorcycle accidents. Many accident attorneys who have handled motorcycle accident claims can attest to this fact. Missouri personal injury lawyers will see this fact pattern all too often.

Motorcyclist Run Over in North County, KMOV, March 16, 2011.

Tractor-trailer accidents can cause serious injuries because of the size of these big rigs. Accidents involving large commercial trucks often involve different issues than motor vehicle collisions between passenger cars. The operation of a semi-truck is subject to additional state and federal regulation. Missouri personal injury attorneys who have handled tractor-trailer and other big truck accidents will be familiar with the regulations. On the federal level, the Federal Motor Carrier Safety Administration has rules and regulations in place governing vehicle operation and driver conduct. For an example click here.

In 2006 the National Highway Transportation Safety Administration (NHTSA) conducted a large-truck crash causation study. The study highlights the factors involved in large truck crashes. To view the study click here. One finding of the NHTSA study was that, of large-truck drivers involved in crashes, 3% had driven their large truck for the first time within 6 months of the truck crash and another 7% had driven their large truck 10 times or less prior to the truck accident. One factor that a Missouri personal injury lawyer might consider is the tractor-trailer or large truck driver's history.

Anyone injured in a trucking accident in Missouri should consult a Missouri truck accident lawyer. Because of the additional complexity involved in truck accidents, the advice or consultation of a personal injury attorney should be considered.

Semi and Multiple Vehicles Collide on I-270, kmov.com, April 15, 2011

When a Missouri car accident results in multiple persons injured, the injured parties may have to deal with a per occurrence insurance policy limit issue. Many Missouri automobile insurance policies have per person and per occurrence limits. If there are more than two persons injured in a car or truck accident, then a per occurrence limit might be an issue. For general information on Missouri's requirements for motor vehicle insurance click here.

Any St. Louis personal injury lawyer will be familiar with situations where there are several persons with substantial injuries (excluding at fault drivers) arising out of a car accident. In these situations, most liability insurance companies insuring an at fault driver may not settle a Missouri personal injury claim without getting all injured persons to agree to a division of insurance proceeds. At times, the insurance company might file an interpleader lawsuit with a Missouri Circuit Court. The insurance company will deposit its policy limits with the court for distribution among claimants. In this situation, the Missouri injury lawyer may present his or her client's damages to the court.

In an automobile insurance policy limit situation, an attorney representing an injured Missouri party might also consider whether there is any underinsured motor vehicle coverage availble to his or her client.

Innerbelt Collision at Ladue Road Sends Trio to Hospital, KSDK.com, March 31, 2011

When a worker is injured in the course of their employment through the negligence of another automobile driver, the injured worker may have both a workers' compensation claim against his or her employer as well as a liability claim against the driver causing the injury. A Missouri workers' compensation lawyer might file a Claim on behalf of the injured worker. Generally, Missouri workers' compensation law provides benefits to Missouri workers in the form of payment of medical costs, payment of temporary disability benefits and payment of any permanent disability benefits. For more information on Missouri workers' compensation benefits, click here.

A Missouri personal injury lawyer, in this case a truck accident lawyer, might also pursue a claim against the tractor-trailer driver as well as the company the driver was working for at the time of the accident. This might be a liability based claim arising out of the negligent actions of the tractor-trailer driver. The KMOV article does not go into details about the facts of the semi-truck accident, but the driver's conduct would be relevant in determining whether any punitive damage factors were present.

While both Missouri workers' compensation claims and third-party liability claims may be pursued, the workers' compensation insurance carrier may be entitled to some reimbursement from proceeds of the third-party claim for benefits paid to the injured worker. It is usually helpful, if not necessary, to have a Missouri personal injury attorney advise as to the relationship between the workers' compensation claim and third-party truck accident case.

MoDot Worker Injured in Crash on I-70, KMOV, April 1, 2011

The USA TODAY article was prompted by two recent east coast bus crashes. In one incident, a bus was involved in a crash near New York on March 12, 2011. Fifteen passengers were killed in that bus accident. According to the USA TODAY, the company had 5 violations of "fatigued driver" rules since May of 2009 leading up to the accident.

Missouri bus accident attorneys are familiar with crashes of tour bus and passenger bus carriers. Many bus companies pass through St. Louis and Kansas City en route to all parts of the country. When a bus accident takes place, it usually commands a lot of news because of the number of people who could potentially be injured or killed. In Missouri, when an accident does occur, the Missouri personal injury lawyer may want to investigate all aspects of the driver's conduct, the company's safety record and any other information relevant to driver conduct and training.

Common carriers like bus companies are subject to enhanced regulation. With prompt and effective enforcement of these regulations, bus accident injuries in Missouri and nationwide might be reduced.

Bus Companies in Crashes Cited for Safety Violations, USA TODAY, March 23, 2011

As a Missouri personal injury attorney, it is always troubling to hear about young people injured in car or truck accidents, especially pedestrian accidents. Automobile accidents involving pedestrians can lead to life-changing injuries. Fortunately, no one appears to have sustained serious injuries in this pedestrian accident.

Both the federal government and the State of Missouri have implemented programs to increase safety for pedestrians on our roadways. For more information on Missouri's program to increase pedestrian safety click here.

Car accidents involving injuries to minors (those under 18 years old) also involve special legal consideration in Missouri. Most Missouri personal injury settlements on behalf of minors will require a Missouri court to consider the facts of the case and determine whether a proposed settlement is in the best interest of the minor. Many times a Missouri court will require that any settlement be placed in a restricted bank account for the minor until the minor turns 18. Lawsuits in Missouri to approve minors' personal injury settlements may require the intervention of a Missouri lawyer.

Students Struck on Their Way to School, KMOV.com, March 14, 2011