St. Louis Injury Lawyer Blog

The St. Louis Post Dispatch reports that a St. Louis County man was killed in a motorcycle accident in Franklin County, Missouri last weekend. As a St. Louis personal injury attorney, I have seen many serious and even fatal motorcycle accident cases. The facts and circumstances of these terrible accidents are always very disturbing.

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.

Yahoo News reported earlier this month that a May 31 fatal bus accident in Bowling Green, Virginia took the lives of several people and injured many more. As a St. Louis accident attorney, I could not help but take note of this accident given the recent string of bus accidents in our area. In this case, the bus was transporting 59 passengers. According to reports, the driver fell asleep in the early morning hours and lost control of the bus causing a crash.

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

KMOV news reports a motorcycle versus car accident in South St. Louis near River Des Peres and Gravois. The motorcycle rider was taken to a hospital in St. Louis where he later died from his injuries. Any St. Louis motorcycle accident attorney can attest to the dangers of vehicles failing to yield to motorcycles. KMOV reports that the car was making a left turn at the intersection of River Des Peres and Gravois when it struck the motorcycle. The news report did not provide any other details about how the accident might have taken place.

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

KMOV in St. Louis reports that a man driving a Toyota Camry was killed in a car accident Saturday night when a driver was driving the wrong way on northbound Interstate 55 near the Bayless Road exit. As a St. Louis personal injury lawyer, every time I hear about a wrong way collision, I question whether alcohol played a role. According to the news report, the wrong-way driver struck the Camry head-on. The news report states that the engine of the Camry had been pushed into the front seat during the collision, pinning the driver in the car. Sadly, the car crash killed the driver of the Camry.

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

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" »

As a St. Louis personal injury attorney, I took note of a particularly bad accident last week in St. Francois County. Three people were killed last week in an accident involving a tractor-trailer and a car on Highway 67 north of Bonne Terre, Missouri in St. Francois County. The accident occurred near Highway 67 and Berry Road and involved a man from DeSoto and two individuals from Bonne Terre.

This accident follows a recent string of tractor-trailer accidents in the St. Louis area. News reports state that the Bonne Terre accident involved a semi-truck driver who had a suspended driver's license. The driver of the semi-truck has been charged with involuntary manslaughter.

When a loved one is lost as the result of another's negligence, Missouri statutes provide a cause of action for wrongful death. The Missouri personal injury attorney would most likely pursue Missouri wrongful death claims against the tractor trailer driver, his employer and anyone else responsible for causing the accident. Although one can never truly value the loss of a life, under Missouri's wrongful death statute certain persons can seek compensation for pecuniary loss suffered including the value of lost services, consortium, companionship, comfort, instruction, guidance, counsel, training and support.

Early investigation by a truck accident attorney can be critical in preserving and discovering evidence relevant to any civil lawsuit arising out of a tractor-trailer crash. The personal injury lawyer, through investigation and formal discovery, may uncover whether driver fatigue, driving in excess of the required hours, chemical impairment, sleep deprivation or other health conditions played a role in the driver's conduct. The injury lawyer will also be looking at the conduct and practices of the tractor-trailer driver's employer.

The Missouri attorney involved in a semi-truck accident case may also want access to the tractor trailer for inspection and examination. The truck might also be equipped with electronic onboard recorders. This "black box" type of recorder may contain important information on the truck's movement prior to the accident.

Three Dead in St. Francois County Crash, KMOV.com, January 20, 2011

The Springfield News Leader reports that a Seymour, Missouri man convicted of drunk driving was sentenced to 20 years for causing a fatal drunk driving car accident. In November of 2009, the defendant, Shane Young, was driving a vehicle with an open case of beer inside. He rear-ended a car that was stopped on U.S. 65 causing a chain-reaction car accident. The auto accident killed the driver of one of the automobiles and injured his fiancee who was a passenger in the car. Her injuries included a scar to the head, ongoing headaches, panic attacks and fear whenever she rides in a car.

Following the automobile accident, it was determined that Young had a blood alcohol content of 0.212. The legal limit in Missouri is .08. Young was also a repeat DWI offender having just been released from jail the day before the car accident on suspicion of drunk driving in a September incident. Young pleaded guilty to the drunk driving charges on the eve of a jury trial.

This is a sad story that unfortunately plays out all too often on Missouri roadways. Drunk driving accidents cause serious bodily injury and death. The Missouri injury lawyers who represent the family of the deceased driver will most likely file a wrongful death lawsuit against the drunk driver and any other parties responsible.

The wrongful death lawyers may seek punitive damages against the drunk driver for such reckless and callous behavior. The attorneys may also determine that the drunk driver was served alcohol in a bar or restaurant prior to the automobile accident when he should not have been. This may give rise to a claim under Missouri's Dram Shop Law. The Missouri car accident attorneys will also have to determine the extent of any insurance coverage applicable to the car accident, including whether there is any underinsured motor vehicle insurance if the defendant had low limit liability insurance.

Seymour Man Sentenced to 20 Years in Prison for Fatal Drunken-Driving Crash, News Leader of Springfield, January 8, 2011

Continue reading "Missouri Man Sentenced to 20 Years for Drunk Driving Car 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 St. Louis Post Dispatch reports that an off duty Sunset Hills, Missouri police officer has plead guilty to drunk driving in a St. Louis County car wreck that claimed the lives of several young people. (Sunset Hills is a suburb of St. Louis.) The officer was drinking in O'Leary's Restaurant and Bar in St. Louis County. She left the bar and was involved in a head-on car accident with another vehicle when the car the officer was driving was traveling on the wrong side of the road.

St. Louis injury lawyers for the families of the victims brought wrongful death lawsuits against the officer and the bar that served her the alcohol. The lawsuit was filed in the Circuit Court of St. Louis County in Clayton. The St. Louis Post Dispatch reported that the parties have settled the wrongful death claims for $2.25 million dollars.

The bar's liability was based on Missouri's Dram Shop Law. The Dram Shop Law gives Missouri personal injury lawyers the ability to pursue liability claims against bar owners who knowingly serve liquor to a visibly intoxicated person. The Missouri Dram Shop Law has gone through many changes over the years. The Law currently allows Missouri personal injury attorneys to bring negligence claims against a bar, but the lawyer pursuing such a claim has a greater burden of proof than under most general negligence claims.

Drunk driving (DWI) is a serious offense. When it becomes the cause of automobile accidents that result in injury or death, it is tragic. The officer involved in this car accident is still awaiting sentencing for her criminal behavior.

Officer, Bar, Pay $2.255 Million to Settle Suit in Crash that Killed 4, Stltoday.com

Continue reading "Police Officer and Bar Settle Lawsuit in St. Louis Drunk Driving Car Wreck" »

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" »

KSDK News in St. Louis reports that the Union, Missouri police responded to a car crash early last Thursday morning. Upon arrival, they found a car had been involved in an auto accident and had struck two parked cars on W. State Street in Union, Missouri. (Union is located in Franklin County, Missouri.) Upon further investigation, the Union police discovered that the driver of the automobile involved in the wreck was the Mayor of Union. The Mayor has been charged with driving while intoxicated (DWI).

Under Missouri law, the legal limit to drive a motor vehicle is .08 blood alcohol content. The amount of alcohol needed to reach this level varies with the circumstances involved. The police department of one out of state university put together a quick calculator to estimate the number of alcoholic drinks a person needs to drink to reach the Missouri legal limit of .08. This is an estimation only and the exact answer depends on other specific factors not taken into consideration including the sex of the drinker; different metabolism rates; medications that might have been taken; the amount of food in the person's stomach; and, when the person last ate. For a general discussion of the effects of alcohol on a person's ability to drive safely in Missouri, the Missouri Motorcycle Safety Program has published a good synopsis of how alcohol impairs a person's ability to drive.

In the Union automobile wreck, the alleged drunk driver only caused property damage and, fortunately, did not cause any bodily injury or death. However, as any Missouri injury lawyer will attest, drivers in Missouri are injured or killed every week at the hands of drunk drivers. Accident attorneys in Missouri are used to prosecuting Missouri civil lawsuits against drunk drivers who injure Missouri drivers, passengers and pedestrians on Missouri highways.

As I have stated in prior posts, Missouri law may permit a person injured by a drunk driver to bring a civil lawsuit for monetary compensatory damages and punitive damages. Punitive damages are intended to deter and punish a drunk driver for his or her conduct and to deter the drunk driver, as well as other Missouri motor vehicle operators, from engaging in similar conduct. In fact, according to Missouri trial lawyer publications, the largest Missouri plaintiff's jury verdict in the year 2009 came out of a Franklin County, Missouri lawsuit for wrongful death brought by Missouri injury attorneys for the family of a driver who was killed by a drunk driver in Franklin County, Missouri. In that case, the Franklin County jury awarded millions of dollars in punitive damages to the wrongful death plaintiffs in the case. The jury was clearly trying to send a message about driving while intoxicated (DWI,DUI).

Union Mayor DWI, KSDK.com, October 1, 2010