Missouri Injury Lawyers Blog

The Missouri State Highway Patrol Troop B reported that this morning at 7:45 a.m. a 2001 Bluebird school bus operated by Doris Twyman,62, of the Westran School District was stopped in the roadway loading students on Route BB 7 miles northwest of Higbee in Randolph County, Missouri. A 2006 Chevrolet driven by Becky Griffin, 49 of Huntsville, Missouri was waiting behind the school bus when she saw a vehicle coming up behind her and realized it wasn't going to stop in time. Griffin attempted to maneuver her vehicle out of the way, but her vehicle was struck by a 1998 Buick, driven by Donna Inglis, 62 also of Huntsville, Missouri. Inglis's vehicle also struck the school bus in the rear before coming to a stop.

Stephanie Birdsong, 17 of Clifton Hill, Missouri sustained minor injuries and was taken by private car to Moberly Regional Medical Center in Moberly, Missouri. Both Griffin and Inglis sustained moderate injuries and were transported by Randolph County Ambulance to Moberly Regional.

The September 21, 2009 Columbia, Missouri Daily Tribune reported two motor vehicle crashes that occurred on U. S. Highway 63, a four-lane divided highway running north and south through Boone County, Missouri.

Of the four occupants involved in the two crashes, only one was wearing a seatbelt. One driver was ejected and died.

A review of similar newspaper stories on a consistent basis, reveals that unbelted drivers are probably more common than originally thought, or that statistics bear out.

Section 307.178 of the Revised Statutes of Missouri prohibits the introduction of evidence of failure to wear a safety belt as evidence of comparative fault, unless the defense can show by expert testimony that the failure to wear a safety belt contributed to the injuries claimed by plaintiff. The trier of fact, upon finding that the plaintiff's failure to wear a safety belt contributed to his injuries, may reduce the amount of the plaintiff's recovery by an amount not to exceed one percent.

Practically, the admissibility of failure to wear a seatbelt is not a common occurrence; however, skilled defense counsel through questioning can usually impart the idea to a jury when a plaintiff was not wearing the available safety restraint. It is particularly obvious when occupants are ejected.

The possibility of serious injury or death is much enhanced by failure to wear the available safety restraints.

The Missouri State Highway Patrol Troop F reported a crash that occurred on September 21, 2009 at 6:35 p.m. on MO 135 1 mile north of Route J in Morgan County, Missouri.

Thomas Sturgeon, 35; Heather Sturgeon, 24; Cindy Sturgeon, 39; and Landen Sturgeon, 1; all of Sunrise Beach, Missouri were injured when their vehicle was struck by Andrea Gardner,41 of Stover, Missouri. Gardner was driving a 1995 Volvo northbound on MO 135 when she crossed the center line and struck a 2003 GMC driven by Thomas Sturgeon head on.

The Sturgeons all sustained minor injuries and were taken by ambulance to St. Mary's Hospital in Jefferson City, Missouri. Gardner sustained moderate injuries and was taken by ambulance to Capital Regional Medical Center in Jefferson City.

Daniel Court, Jr., age 52, of Paris, Missouri, died on September 17, 2009, as a result of a farm related accident near his home. Mr. Court was survived by his wife and eight children. Our condolences and prayers go out to his family and friends. As this article is prepared, ripples of sadness permeate this farming community where the dangers of farming and memories of other farm accidents are not far from our thoughts.

This week, September 20-26 is National Farm Safety and Health Week. This annual proclamation celebrates the vital contributions of farmers and ranchers to our nation and reflects upon the importance of farm safety in communities across the U.S. With the harvest season upon us, farm families and motorists are reminded to be alert to the dangers associated with farm equipment and to exercise extreme caution during this busy time of year.

The Missouri Highway Patrol reminds motorists to stay alert for slow moving farm equipment and to pay close attention to farm equipment entering and leaving the highway from side roads and driveways. Farmers are reminded to make sure any farm equipment is in good working order and if operated on Missouri roadways, is properly marked with lights and a "slow-moving vehicle" emblem. The National Safety Council's Agricultural Division, the National Education Center for Agricultural Safety (NECAS) provides additional tractor safety tips, including equipping the tractors with Rollover Protective Structures (ROPS) where possible and the use of seat belts.

Continue reading "Farm Accident Claims Life of Monroe County Resident" »

Betty Porter, 69 and Lewis Porter, 74 of Salisbury, Missouri were injured when a 1998 Chevrolet S-10 driven by Grant Weimer, 20, of Salisbury, Missouri struck their 2005 Honda Accord while they were travelling on Highway 24 in Randolph County on September 21, 2009 at approximately 5:25 p.m.

According to the Missouri State Highway Patrol Troop B report, Weimer attempted to pass a 1996 Ford F350 driven by Patrick Schnetzler, 54 also of Salisbury, Missouri. Weimer made his pass in the face of the oncoming Porter car and struck them nearly head on. After hitting the Porter's car, Weimer's truck skidded down the road and struck Schetzler's truck.

Lewis Porter sustained moderate injuries while his wife, Betty sustained minor injuries. They were both transported by Randolph County Ambulance to Moberly Regional Medical Center in Moberly, Missouri. The Missouri State Highway Patrol was assisted by the Randolph County Sheriff's Department and the Huntsville Fire Department.

Tatlow, Gump & Faiella, LLC is pleased to announce the addition of the newest member of our firm, Sidney Eckman Wheelan. Our lawyers have formed the new firm of Tatlow, Gump, Faiella and Wheelan, LLC.

Ms. Wheelan represents clients regarding workers compensation, social security disability cases and other selected areas of litigation. She is a member of the Missouri Association of Trial Lawyers (MATA), the American Association of Justice (AAJ), The American Bar Association, the Woman's Law Association of Mid-Missouri (WLAMM), and local bar associations including the Tenth Judicial Circuit Bar Association and Past-president of the Randolph County Bar Association.

Ms. Wheelan earned a Bachelor's Degree in Paralegal Studies from William Woods University and her law degree from the University of Missouri-Columbia School of Law in 1999. During law school, she received CALI Excellence for the Future Awards in Environmental Law and Advanced Legal Research.

Ms. Wheelan is licensed to practice law in the United States Supreme Court, all Missouri courts, the Eighth Circuit Court of Appeals, and the United States District Court for the Eastern and Western Districts of Missouri.

Brian Lindsey, 22, from Springfield, Missouri was injured when a 1999 International Bus, operated by Thomas Hoehn struck him while it was leaving the parking lot of Les Bourgeois Winery in Booneville, Missouri early Friday morning.

According to the report of the Missouri State Highway Patrol Troop F out of Jefferson City, Missouri, Brian Lindsey fell while trying to get the bus to stop. The bus then ran over him and came to rest on top of him. The driver of the bus then backed it off of him to free him.

Mr. Lindsay was taken to the University of Missouri Hospital, Columbia Missouri, for treatment of serious injuries.

Norma Hunting, 59, of Centerview, Missouri, Dustin Bowles, 26, Jennifer Hosiner, 34 and infant Sadie Bowles all of Lee's Summit, Missouri, were injured when a 1992 Nissan driven by Cecil Barker crossed the center line on Missouri 131 in Johnson County on Monday night.

Cecil Barker was transported by Air Flight to KU Medical Center after his vehicle crossed the center line and struck three other vehicles before coming to rest. The additional parties were taken by ambulance to Centerpoint Medical center where they were treated for minor injuries.

According to a report by the Missouri State Highway Patrol Troop A, Barker crossed the center line and struck Hunting's 2005 Dodge head on. Barker continued traveling south and sideswiped a vehicle driven by Gene Martin of Bates City, Missouri. Barker continued on and struck a third vehicle head on, which was driven by Dustin Bowles. Barker continued down the right side of the road before coming to rest there.

The investigation continues and charges are pending against Cecil Barker.

The Missouri State Highway Patrol reports that Mary Farmer of Moberly, Missouri was headed eastbound on Highway 24, just outside of Huntsville, Missouri; when she crossed the centerline and struck the trailer of a 1996 International semi tractor driven by Larry Sanders of Salisbury, Missouri. Farmer's vehicle then traveled off the roadway and came to rest in a ditch. She sustained moderate injuries.

A tire from the semi trailer came loose and rolled into oncoming traffic. It struck a 2002 Chevrolet truck driven by Russell Shoemaker of Moberly, Missouri.

As we look back at the terrible events of September 11, 2001, we are painfully aware of how quickly our circumstances can change. Even in Mid-Missouri, our peaceful, secure lives can be turned upside down through events and actions over which we have little or no control. Unfortunately, it doesn't take an act of terrorism for this to occur.

Accidents occur without warning. A driver is inattentive and causes serious injury or death. Safety measures are ignored at work, and the breadwinner of the family is no longer able to work.

Are you and your family protected financially if disaster occurs? It is imperative that you carry the right types of insurance and adequate amounts of coverage to protect your loved ones in the event you are seriously injured or killed. Remember, the person who causes your injury may not have adequate insurance to pay for your damages. It is equally important to carry sufficient liability coverage to protect your assets in the event you cause injury to another person.

Many people are confused about the types of insurance coverage needed or how much insurance they might need. In future posts, I will attempt to shed some light on the various insurance coverages available.

Continue reading "Adequate Insurance for Financial Catastrophe" »

Missouri State Highway Patrol Troop C reports that John Stamelos, 60 of Kirkwood, Missouri was injured when a 2004 Honda Civic, driven by Bertie Campbell, 75 of Sullivan, Missouri struck his 1988 Harley Davidson motorcycle when she drove the wrong way down Interstate 44 in Franklin County, Missouri at 9:30 this morning.

Stamelos was ejected from his vehicle and sustained minor injuries. He was transported by Missouri Baptist Ambulance to Missouri Baptist Hospital in Sullivan, Missouri for treatment.

The Missouri Highway Patrol Troop F reported a two vehicle collision which occurred on September 5, 2009 at 3:20pm. The crash happened in Miller County, Missouri on MO Route 42 just west of Blackmore Road.

Jeffrey Harris of Lebanon, Missouri was traveling eastbound when he crossed the center line and struck a westbound vehicle driven by Bradley Arndt of Iberia, Missouri. Both drivers were pronounced dead at the scene.

These two fatalities are the 59th and 60th for Troop F in 2009.

The Missouri Court of Appeals, Southern District, has found in favor of an employee who was injured while on the job. His employer did not have workers' compensation coverage for its employees. The case is Busby v. D.C. Cycle LTD., and Missouri State Treasurer as Custodian of the Second Injury Fund, Case No. SD29464 (Mo. Ct. App. S.D. Aug. 31, 2009).

Larry Busby, an employee, was injured during the course and scope of his employment with D.C. Cycle Ltd, a business that sold parts for and repaired and serviced motorcycles.

At issue in this case was whether the employer had five or more employees, thereby subjecting it to the Missouri Workers' Compensation Law requiring an employer to maintain workers' compensation liability insurance. If so, the employers' failure to provide workers' compensation insurance coverage would obligate the Missouri Second Injury Fund to pay medical benefits the injured worker was entitled to receive.

The Southern District concurred with the Administrative Law Judge and the Labor and Industrial Relations Commision and concluded that the employer did have five or more employees and was required to carry workers' compensation liability insurance pursuant to Sec. 287.030.l(3) Revised Statutes of Missouri. Because the employer failed to do so, the Missouri Second Injury Fund was directed to pay the claimants workers' compensation benefits.

Not all Missouri employers are required to carry workers' compensation liability insurance for the protection of their employees in the event of an on the job injury. Further, this area of the law can be complicated and confusing for both employees and employers.

Continue reading "Missouri Employer is Required to Carry Workers' Compensation Coverage" »

Every year more than 42,000 people lose their lives in car crashes and more than 2,500,000 are injured according to the National Highway Transportation Administration. As attorneys representing the families of people who have been killed in auto accidents, or people who have suffered serious injury, we have seen the devastating effect of negligent driving. One of the best ways you can protect your family other than driving safely yourself, is to drive a safe car.

In the United States, every new car must meet federal safety standards, but that does not mean that all cars are safe. Federal Safety Standards are considered a minimum standard for automakers to meet, and unfortunately, the automakers themselves have had significant input into the Federal Safety Standards. As a result, in many areas the Federal Safety Standards are inadequate or fail to require automakers to make the safest practice vehicle to be sold at a reasonable price.

Fortunately, each year the Insurance Institute for Highway Safety and the National Highway Traffic Safety Administration perform crash tests to determine automobile safety. You can find the results of their tests at www.highwaysafety.org for the Insurance Institute for Highway Safety, and www.nhtsa.gov for the National Highway Traffic Safety Administration.

In addition, there are some additional things you should consider when purchasing your vehicle.

Airbags used in conjunction with lap/shoulder belts have shown to reduce the risk of fatal injury in crashes. Some manufacturers offer more choices in airbags than others including side door airbags for front seat passengers, rear seat passengers as well as side head airbags. You should also consider the fit of the vehicle with respect to the driver and remember that you should never place a rear facing car seat or child under 12 years of age in a seat equipped with a frontal airbag.

Continue reading "How Missouri Residents Can Shop For A Safe Car" »

Natural gas and propane gas are used in millions of households in Missouri and throughout the United States for cooking and heating. Natural gas and propane gas are highly combustible and can be a deadly hazard if the gas is ignited. According to the National Fire Protection Association (NFPA), natural gas and propane gas home fires between 2000 and 2004 resulted in 66 deaths and over 400 injuries. On average, NFPA estimates that there are about 2,410 natural gas home fires and 1,390 propane gas fires every year.
Gas leaks may occur outside the home when there is damage to the pipelines during construction work, landscaping or other repairs. As a safety feature gas is odorized with a strong smell like rotten eggs so that leaks can be detected by consumers. Unfortunetly sometimes the gas is not odorized or the odrant can be removed as gas passes through soil or sewer systems.
In Missouri, such work should not be done until utitlity lines are marked to prevent rupturing the lines. This can be done through the Missouri One Call System. Excavators, utilities, and homeowners should call 1-800-DIG-RITE (344-7483) before starting any work. To learn more you can also go to the Missouri One Call website http://www.mo1call.com/ .
Natural gas and propane gas may leak into homes through defective gas control valves and the defective flexible gas connectors. Common causes of gas explosions include: defective gas control valves, leaking tanks, leaking hoses, defective gas connectors, negligent maintenance, and improper installation. You can help prevent such events by notifying the gas company if you smell gas, or see obviously worn or defective equipment.
If you smell gas get out of the house, call the gas company and if they can't respond call local emergency services for help. It is also a good idea to know the location of your gas supply shut off and have tools to shut the gas off if you have a leak.

As Missourians prepare for one last weekend of summer fun the grill is probably included. The law firm of Tatlow, Gump & Faiella, LLC located in Moberly, Missouri urges everyone to take extra precautions when using their grill.

While we want everyone to have a wonderful last weekend of summer we want to remind you that the grill can be dangerous if not used correctly and safely.

Extra precautions should be taken when changing the cylinder of propane or using a grill after a long period of storage. LP gas leaked from a grill or accidentally released while replacing the cylinder and cause a dangerous fire or explosion.

Some additional tips while using your grill include:

• Inspect grill prior to each use.
• Keep your grill on a flat surface.
• Do not move the grill while in use.
• Keep children and pets away from the grill area.
• Never add starter fluid when coals or kindling have already been ignited.

It is estimated eight percent (8%) of burn injuries and deaths are preventable, but burn injuries continue to remain one of the leading causes of childhood injuries in the United States. More than 250,0000 children are injured and more than 1,000 die each year as a result of burn trauma.

According to the U. S. Fire Administration, Missouri states fire death rate per capita for 2006, the most recent data available, was 16.8. Ranking Missouri as the 18th most deadly fire related state.

One of the most common ways in which children are injured are residential fires. Residential fires can be caused by smoking, candles, cooking, and other ignition sources. One of the leading causes related to child death are lighted tobacco products leading to the most fire fatalities, and cooking equipment leading to the most residential fire injuries. Common injury prevention techniques are designed to keep people safe from fires that start and burn related injury and death as a result. Typical strategies include fire alarms, house safety checks, smoke alarms, fire extinguishers, and family safety plans to exit in case of fire.

More information on this topic can be found at the Children's Safety Network.

According to the Missouri State Highway Patrol, Mitchell Holman, 21 of Lees Summit, Missouri; Bryan Smith, 25 of Raymore, Missouri; and Trevor Stadler, 22 of Grandview, Missouri were passengers in a 2008 Toyota operated by Angelica Cardello, 20 of Lees Summit, Missouri on August 30th, 2009. At 12:45am they were travelling east on Route TT in Camden County, Missouri when Cardello lost control of the vehicle and ran off the side of the road. She hit a ditch and the vehicle flipped over, ejecting Holman and Stadler from the vehicle.

Holman and Smith sustained moderate injuries, Stadler sustained serious injuries and Cardello sustained only minor injuries. All four were taken to the hospital in Osage Beach for treatment.

On August 29, 2009, the Missouri Highway Patrol reported the collision of two Freightliner Dump Trucks on Highway 24, four miles East of Moberly, Missouri in Randolph County. The accident apparently occurred as the Eastbound driver attempted to avoid a collision with a vehicle that had pulled into its path. The Eastbound driver lost control of his vehicle, crossed the center line and struck the Westbound Freightliner dump truck. Authorities closed the highway for a period of time while rescue workers and medical personnel tended to the injured drivers and cleared the wreckage.

Commercial vehicles, large trucks and construction equipment often co-exist on highways that are occupied primarily by small passenger vehicles. Not only do commercial truck drivers need to be aware of the special circumstances presented by the large vehicles they are driving, but other drivers on the road also need to use caution in their presence. Driving errors that may be insignificant and without consequence where small vehicles are concerned can result in catastrophe when a large truck is involved.

Some accidents occur because of a driver of a passenger vehicle's ignorance of a truck's performance capabilities, including limits associated with acceleration, braking, and visibility. Some examples of unsafe driving that often cause accidents are changing lanes abruptly in front of a truck; merging improperly into traffic causing a truck to maneuver or brake suddenly; or driving in the areas behind and beside a commercial truck where the truck driver has limited visibility.

While there are many skilled and patient commercial truck drivers, there are dangers inherent in the operation of large commercial vehicles. It is imperative that the drivers of large vehicles have adequate training regarding driving techniques, safety, and defensive driving. Driver fatigue and improper or inadequate vehicle maintenance are also common causes of trucking accidents.

Continue reading "Two Dump Trucks Collide on Missouri Highway 24" »

The National Transportation Safety Board (NTSB) has completed their investigation regarding a 2005 school bus crash in Liberty, Missouri that killed two. The Kansas City Star reports that according to the NTSB, "pedal misapplication caused the Liberty school bus crash."

The National Transportation Safety Board concluded that the driver's "pedal misapplication" caused Liberty school bus No. 80 to blast through an intersection in May 2005, killing two motorists and injuring 48 students. The bus was driven by Irma Thomas, who said that she had tried to brake, but nothing happened. There were no defects in the braking, electrical or acceleration systems. However, on that bus the brake and accelerator pedals are similar in size and only two inches apart. They are both bottom-hinged and they feel the same when depressed.

The NTSB is now calling for a redesign of bus pedals so that similar crashes don't happen when drivers mistake one pedal for another. The NTSB has also recommended that the National Highway Traffic Safety Administration to establish guidelines for designers and manufacturers on the design and placement of pedals.

Immediately after a Missouri collision there are several things that we recommend be done.
1. Contact local police or the Missouri State Highway Patrol.
2. Seek medical attention for evaluation and treatment if necessary.
3. Obtain the names of drivers, passengers and witnesses, if possible obtain photos of vehicles and scene.
4. Notify your auto insurance company of the crash.
5. Make a claim for any benefits on your policy that may be applicable such as medical payment coverage.
6. Do not sign a release or give a statment to the at fault driver or insurance adjuster.
7. Keep in mind that Missouri is a tort state, you will have to prove fault and damages to recover any money from the opposing party at fault.
8. Retain an attorney to assit you with your claim. To learn more read Top 10 List: Reasons To Hire an Experienced Personal Injury Attorney