St. Louis Injury Lawyer Blog

Most St. Louis personal injury attorneys have had auto accident cases involving injuries to pedestrians. These cases are particularly troubling when the pedestrians are children. Earlier today, KSDK news reported that two pedestrian children were struck at a bus stop in Jefferson County while crossing the street to board a school bus.

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.

Four students in south St. Louis County were struck by a vehicle while walking in the Bayless School District. According to KMOV in St. Louis, the driver of an SUV lost control of his vehicle on Weber Road and struck the students who were pedestrians on the sidewalk. Four students were treated by EMT personnel before being transported to a local hospital. The St. Louis County police report indicated that no one was seriously injured.

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

St. Louis Police are seeking the assistance of the public in locating a vehicle involved in a hit and run automobile accident with a pedestrian in December. The pedestrian was walking in the southbound lanes of S. Jefferson in St. Louis, Missouri when she was struck and killed by an SUV. The St. Louis Police believe the truck involved in the accident was a Chevrolet Suburban. The police also believe there may be witnesses to this pedestrian accident. A reward has been offered to anyone coming forward with information.

This is a tragic situation for the family of the deceased. It is all the more difficult knowing that the person involved in this accident left the scene. If the victim's family determines to pursue a wrongful death claim, the injury lawyers handling that matter would also want to try to identify the driver of the truck. If the driver's identity cannot be determined, then the personal injury attorneys may pursue uninsured motor vehicle claims. When the driver of a car or truck leaves the scene of a collision and cannot be identified, the driver is often referred to as a "phantom motorist". A phantom motorist is usually treated as an uninsured motorist. The fact that the pedestrian was not in a motor vehicle is not relevant. If the injury or death was caused, in whole or part, by an uninsured motor vehicle, then the claim can be made.

In Missouri, uninsured motor vehicle insurance is considered partly contractual in nature. As such, the insurance generally follows the insured and is not limited to a particular vehicle or car. That is why a pedestrian involved in an accident with an uninsured driver can make an uninsured motor vehicle claim even though the pedestrian was not occupying a motor vehicle at the time of the accident.

The Missouri personal injury attorney investigating an uninsured motor vehicle claim will want to know about all automobile insurance policies of anyone living in the same household as the injured client (the pedestrian in this case). Many automobile insurance policies provide coverage to relatives residing in the household of the named insured. At times, this will provide the lawyer with more avenues of recovery for an injured client or the family of a deceased client.

Police Seeking Public Help in Locating Hit and Run Suspect, KMOV.com, January 19, 2011

Continue reading "St. Louis Police Seek Suspect in Pedestrian Hit and Run Auto Accident" »

The News Leader of Springfield, Missouri is reporting that the Springfield, Missouri Police Department is attempting to reconstruct a car accident that killed a pedestrian from Lee's Summit, Missouri. On December 9, a Missouri State student, Mr. Almahuzi, was driving a car on St. Louis street when he lost control of the automobile and crashed. The car struck and killed a pedestrian, another Missouri State student. Police are trying to reconstruct the automobile accident using various evidence gathering means.

The police are using the car's event data recorder to gather evidence. According to the news report, 65 percent of new cars had event data recorders in 2005. All cars will have event data recorders on 2013 models. The event data recorder may provide the investigators with the car's speed, engine RPM, percent of throttle, brake status and occupant seat belt use at the time of the car accident. This data will assist in the reconstruction of the car wreck.

The accident may also give rise to a Missouri wrongful death lawsuit on behalf of the family of the deceased pedestrian. Missouri injury lawyers representing the family in the wrongful death claim may also want access to the information provided by the event data recorder.

Car accident attorneys frequently investigate the facts surrounding a car accident. The investigation may include obtaining witness statements, getting photos of the scene, the motor vehicles involved and any physical evidence at the scene of the car wreck. The police report may also provide specific factual evidence such as measurements of the location of the motor vehicles on the roadway after the accident, skid marks, etc. In certain car wreck cases, Missouri personal injury lawyers may also hire an expert to reconstruct the accident utilizing the evidence gathered. The personal injury attorneys may be able to use the accident reconstruction expert's opinion with respect to certain aspects of the car or truck accident in a Missouri civil lawsuit for damages.

Evidence Will Help Reconstruct Car Accident, The News Leader, January 6, 2011

The Hannibal, Missouri Courier Post reports that a man from Moscow Mills was hurt in a car wreck in Lincoln County, Missouri last week. The Missouri Highway Patrol states that the man was attempting to pass a tractor-trailer on southbound US Highway 61 when his car struck the left rear part of the Peterbilt semi-truck. (The truck was also driven by a man from Moscow Mills.) The contact caused the car to crash and overturn. The injured car driver was taken to St. Joseph Hospital West in Lake St. Louis by Lincoln County Ambulance.

Automobile accidents involving tractor-trailers and, trucks in general, account for a large number of car wrecks every year. A University of Michigan study found that an average of about 5,212 trucks are involved in fatal traffic accidents each year. The study further found that tractors pulling one semitrailer are the most common trucks involved. In addition to car accidents, the study found that an average of 368 pedestrians and 83 cyclists (bicycles, unicycles, tricycles) are killed each year in automobile crashes involving trucks.

The Lincoln County, Missouri accident may need to be investigated to determine whether any liability rests with the truck driver for causing this car accident. An injury lawyer may want to determine, among other things, whether there were any witnesses to this occurrence.

A Missouri truck accident lawyer representing someone injured in a Missouri truck accident will also want to become familiar with the various rules and regulations applicable to truck drivers through the Federal Motor Carrier Safety Administration. These rules are especially relevant for the semi-truck accident lawyer as there are very specific guidelines tractor-trailer operators must follow when driving on our nation's highways.

One Hurt in Lincoln County Crash, Hannibal Courier-Post, December 31, 2010

Continue reading "Moscow Mills, Missouri Man Injured in Lincoln County Car Accident" »

KTVI news in St. Louis reports that a 17 year old was seriously injured in an auto accident at an intersection in North St. Louis on December 6, 2010. The news report indicates that the teen was struck by a hit & run vehicle.

The St. Louis Police are searching for two different vehicles. Witnesses on a Bi-State bus nearby described one of the vehicles as a black truck with Illinois license plates. The other vehicle the police are looking for is a passenger car. The young woman was reported in critical condition. Police were using an accident reconstructionist to determine what took place.

Personal injury lawyers in St. Louis will frequently use private accident reconstruction experts in investigating the facts of a car accident. The expert will investigate the facts and try to formulate an opinion as to the mechanics of the accident. In this pedestrian situation, an expert may be called upon to try to identify the location of the pedestrian at the intersection, the location of the vehicles, etc. The investigation may result in determining the identity of the cars or trucks involved in this St. Louis pedestrian accident. The pedestrian accident attorney can use this information to determine the extent of any civil liability for the injuries to the victim of the hit and run accident.

Of course, it is possible that the identity of the driver or drivers of this accident will never be determined. In that case, the pedestrian would be able to pursue an uninsured motorist claim. An unknown, unidentified or "phantom driver" is considered the operator of an uninsured motor vehicle in Missouri. This is separate from an underinsured motor vehicle claim. An underinsured claim applies when the identity of the driver is known and the driver had liability insurance, but the liability insurance is not sufficient to compensate the injured accident victim.

Teen Critically Injured in Hit & Run, KTVI, December 6, 2010

Continue reading "St. Louis Car Accident Involving Pedestrian Seriously Injures Teen" »

KMOV in St. Louis reports that a man was struck and killed by an automobile in St. Charles, Missouri on November 13, 2010. The driver of the car who struck the pedestrian fled the scene of the car accident. The St. Charles Police Department found evidence of the car involved in the hit and run accident, including a mirror and other vehicle parts at the scene of the accident. The police are still looking for the driver of the auto.

The family of the deceased pedestrian has a wrongful death claim against the car driver who caused the accident. A wrongful death claim against the driver is a form of liability claim. However, if the identity of the driver is never determined, then the family would have an uninsured motor vehicle claim.

Uninsured motor vehicle claims are contract based claims against an insurance carrier for damages suffered by an insured or their family due to the actions of an uninsured motor vehicle driver. A driver whose identity cannot be determined is sometimes referred to as a "phantom driver". As most attorneys know, in Missouri a phantom driver who causes a car accident is treated as the driver of an uninsured vehicle.

When investigating an uninsured motor vehicle claim, the Missouri lawyer needs to look at all potential policies, including the policies of relatives residing in the same household as the injured party as well as insurance that applies to the vehicle the injured party was in. If there is more than one policy available, they frequently can be combined, or stacked, to add additional coverage.

Man Dead After Hit and Run Accident in St. Charles, kmov.com, November 13, 2010.

Continue reading "St. Charles, Missouri Pedestrian Killed by Hit and Run Driver" »

Fox 2 News St. Louis reports that two women were injured in a car crash while waiting at a bus stop in North St. Louis County on September 17, 2010. The women were waiting at a bus stop when a car, driven by a Florissant man, went out of control and crashed into them. The women sustained serious injuries from this automobile accident and were air lifted to St. Louis area hospitals. One woman was taken to St. Louis University Hospital. The automobile accident reportedly severed one woman's leg. Witnesses to the car accident reported that the driver of the automobile appeared to have overdosed on drugs. Later reports stated that the driver of the car involved in this automobile accident had a needle hanging from his arm and was passed out in the driver's seat. The Missouri Highway Patrol has taken over the accident investigation.

As a Missouri car accident attorney, the above fact pattern evokes outrage and disgust. We can only hope that the criminal charges brought against this individual will put him in a position where he can no longer harm society with such outrageous conduct. It is this type of outrageous, dangerous conduct that punitive damages in a Missouri civil claim were meant to address. An injury lawyer in St. Louis will most likely file a civil lawsuit in a Missouri court against the individual who caused this car accident. The lawsuit will seek civil monetary damages for the injuries suffered by these women. However, this type of conduct would also warrant the Missouri personal injury lawyer filing a punitive damage count against the driver in this auto accident. Punitive damages in Missouri are meant to punish a defendant and to deter the defendant and others from similar conduct. Punitive damages can be used in a case where the driver in an auto wreck was using drugs or was intoxicated at the time of the accident.

It has been my experience as a St. Louis injury attorney that many drivers fitting this description would not have automobile insurance. In fact, it is surprising how many drivers are driving with a suspended or revoked Missouri drivers license and uninsured at the time of a car accident. If the Florissant driver in this auto accident is in fact uninsured, the women injured in this car accident will probably want to look to uninsured motor vehicle insurance coverage to compensate them for their damages and personal injuries.

As I have posted in previous entries, liability insurance carriers in Missouri are required to provide a certain amount of uninsured motor vehicle insurance coverage on their Missouri issued automobile insurance policies. Due to the nature of uninsured motor vehicle coverage, this coverage will apply even though the injured women in this case were not in a car. The coverage includes a pedestrian injured by the driver of an uninsured motor vehicle. The Missouri accident attorney will want to review the automobile insurance policies issued to the injured pedestrian as well as any automobile insurance policies issued to any relative living with the injured victim at the time of the car accident.

Heroin Overdose May Have Caused Crash Into Bus Stop, FOX 2 now St. Louis, September 17, 2010

Continue reading "St. Louis Women Injured in Car Crash With Florissant Driver While Waiting at Bus Stop" »

The Kansas City Star recently published an article that highlighted several car accidents in and around work zones on Missouri highways. As a St. Louis accident attorney, I took particular note of the St. Louis area accidents. These accidents included the recent St. Louis area school bus accident on Interstate 44 in which two people were killed. That accident occurred near a construction zone west of St. Louis. A tractor-trailer slowed for construction and was rear-ended by a pick-up truck which was in turn rear-ended by a school bus. According to the Star, inattentive driving and following too closely were the stated causes of the accident. However, the National Transportation Safety Board is looking into the facts of this vehicle accident to determine whether the construction site played a role in causing the wreck. In addition to the St. Louis car wreck, there have been several other recent highway car accidents at or near construction zones. One occurred in the Kansas City area earlier this month when a vehicle was rear-ended on Interstate 70 after it slowed for a construction zone resulting in one fatality. Another recent accident on Interstate 35 near Kearney, Missouri resulted in serious injuries to four vehicle occupants.

Work zone car wrecks are on the rise in Missouri. These accidents were up 27 percent in Missouri in 2009 from 2008. Missouri, along with other states, has undertaken numerous highway improvement projects with the availability of federal stimulus funds. The more work zones around Missouri's highways and roadways, the greater the chance for car and truck accidents in these zones. The Missouri Department of Transportation launched Operation Orange in 2007 as a way to draw greater attention to the need for safety when driving through Missouri work zones.

As a personal injury attorney in St. Louis, I have had clients in accidents at or near construction zones on Missouri highways. These accidents frequently involve inattention, speeding and/or following too closely on the part of the negligent vehicle or vehicles. Of course, the injury attorney will pursue claims against the negligent driver or drivers. However, the Missouri injury lawyer also needs to look at what role, if any, the accident site may have played in the accident. Sometimes the companies involved in the construction project and/or the Missouri Department of Transportation (if their project) may have some liability for the accident.

In addition to injuries suffered by vehicle occupants in construction zone car wrecks, Missouri road workers are frequently the victims of negligent driving within work zones. A few years ago, a young man was killed while working in a construction zone on Highway 40 (Interstate 64) in Chesterfield, Missouri. Missouri has increased criminal penalties against negligent drivers who injure or kill a construction zone worker through the operation of a motor vehicle. In addition to criminal penalties, the negligent automobile driver who caused the injury or death of a road worker will also be liable for civil damages.

Recent Wrecks Focus Attention on Work-Zone Safety for Drivers, The Kansas City Star, August 14, 2010.

As a St. Louis personal injury attorney, I was pleased to read about new anti-texting campaign in Missouri. The Missouri State Highway Patrol announced in St. Louis last month its new Statewide Anti-Texting Campaign. The Program is designed to warn Missouri car drivers about the dangers of texting and driving. The Highway Patrol pointed out that texting and talking on the cell phone while driving has lead to many serious automobile and truck accidents in the State of Missouri. According to the Missouri State Highway Patrol, one recent study found that texting while driving increased a driver's chances of being involved in a car wreck by more than 23 times. Missouri statistics show that cell phone usage contributed to more than 1,780 traffic car crashes in the State of Missouri in the year 2009 alone. These motor vehicle accidents have caused serious injuries and death. As stated by the Missouri Highway Patrol, distracted drivers cause many of the traffic accidents in Missouri every year. Of these accidents, cell phone use is the number one distraction.

Along with the Missouri State Highway Patrol, Con-way Freight, a Missouri trucking company with offices in Columbia, Rolla, Poplar Bluff and Springfield, Missouri, has teamed up to help spread the word about the dangers of texting and driving. The Company has a texting ban in place for all of its tractor-trailer and truck drivers in Missouri.

The Missouri Highway Patrol Campaign comes following the Missouri legislature's recently enacted new law prohibiting any Missouri motor vehicle driver under the age of 21 from texting while driving. The Joplin, Missouri Globe recently had an article commenting on the Missouri Highway Patrol's new anti-texting program. The Article poked fun at why the law banning texting while driving had to be limited to those under 21. As the Article pointed out, if you are going to outlaw a practice considered dangerous (texting while driving a car) why allow those over 21 to engage in the same activity.

As any Missouri auto accident attorney knows, car accidents involving drivers who are texting, talking on the cell phone or otherwise distracted happen too often. I have had a number of cases where the defendant driver is suspected of being on the cell phone at that time he or she caused a car accident. In those cases, I will frequently ask the defendant to identify his or her cell phone provider. Then I can subpoena the cell phone provider's records to try to determine whether the defendant was using a cell phone around the time of the car accident. In some cases, cell phone usage may merit that the Missouri personal injury attorney include a count for punitive damages in their lawsuit for personal injuries. In effect, the Missouri injury lawyer is asking the court or jury in Missouri to award punitive damages to an injured person in order to, among other things, deter similar conduct in the future.

Mike Pound, Patrol on Money in Push Against Texting Driving, The Joplin Globe, July 21,2010

The Hannibal-Courier Post reported on July 24, 2010 that a Palmyra man was struck and injured while standing near his car along the roadway in Franklin County, Missouri. According to the Missouri State Highway Patrol, the man was standing next to his car when he was struck by an automobile. The injured man was transported by ambulance to St. John's Hospital in Washington, Missouri.

As a St. Louis accident lawyer, I see many automobile accident cases involving pedestrians that have been struck by cars or trucks. Fortunately, the trend in the last ten years has been a decrease in the number of pedestrians killed in traffic crashes. The National Highway Traffic Safety Administration (NHTSA) reports that in 2008, 4,378 pedestrians were killed in accidents. That represented a decrease of 16% from the number reported ten years earlier. This decrease may be due in part to NHTSA's requirement that all states implement pedestrian and bicycle safety programs.

In Missouri, a pedestrian and bicycle program has existed since 1991 within the Missouri Department of Transportation. The purpose of the program is to try to coordinate efforts to improve walking and bicycling in the state. Recently, the St. Louis District developed a number of improvements for walking and bicycling along the roads around St. Louis. These include "Share the Road" signs placed on selected routes in the St. Louis metropolitan area.

Even with the increased efforts of the St. Louis District, car and truck accidents involving pedestrians are all too common. Automobile drivers will frequently fail to respect the right-of-way of pedestrians in designated crosswalk areas. This can lead to serious injury and death. While progress has been made in reducing the number of pedestrian accidents, more work still needs to be done.

Car Hits Palmyra Man, The Hannibal-Courier Post, July 24, 2010