Missouri Injury Lawyers Blog

Yesterday the Missouri State Highway Patrol Troop A reported a crash that occurred in Jackson County at 7:10A.M. Dianne Stivers, 52 of Grain Valley, Missouri was operating a 2010 Toyota westbound on I-70 just east of the Little Blue Parkway when she slowed for traffic congestion. She was struck in the rear by a 1996 GMC, driven by Jason King, 32 of Grain Valley.

Stivers sustained moderate injuries in the crash. She was taken to Centerpoint Medical Center for treatment of her injuries. The Highway Patrol was assisted by Independance and Blue Springs Police Departments and MODOT Motorist Assist.

Missouri State Highway Patrol Troop B reported a crash which occurred on October 25, 2009 at approximately 3:58p.m. in Lewis County, Missouri.

On Route 16, .25 mile east of Monticello, Missouri, Nicole Gorrell, 17 of Canton, Missouri was operating a 2002 Ford Ranger eastgound when she crossed the centerline and struck a 2002 Chevrolet Blazer driven by Diana Couch, 59 of Labelle, Missouri.

Couch, Gorrell, Hunter Neuhas, 7 and Pamela Neuhas, 6, both also of Canton, Missouri all sustained minor injuries in the crash. Couch sought private medical treatment while the others were transported by Lewis County Ambulance to Blessing Hospital in Quincy, Illinois.

Missouri has a Consumer Protection Lemon Law that establishes guidelines for manufacturers to repurchase or replace defective automobiles. Car buyers should read eligibility and notice requirements and be mindful of available remedies if a dealer cannot meet the warranty after repeated repair attempts. Generally speaking a consumer should give a dealer three attempts to repair under the warranty before pursuing Lemon Law claims. However this rule varies depending upon the time that the issue manifests as well as the time limits available under the Lemon Law itself.

When you purchase a car the dealer is required to pass on the literature including information regarding your rights under your states Lemon Law. If you have been unfairly treated by a car dealer or manufacturer you should seek counsel of an attorney familiar with consumer protection claims involving vehicle warranties, Lemon Laws, defective vehicles and fraudulent automobile sales.

The Missouri State Highway Patrol reported an accident which occurred this afternoon on Interstate 55 in St. County at the Union exit. Sefik Sljivo, 50 of Afton, Missouri was operating a 2004 Dodge Stratus southbound on I-55 when he lost control of the vehicle and struck a pedestrian, Kyle Bishop, 19 of Bethel Springs, Tennessee.

Bishop was transported by Lemay Ambulance to St. Louis University Hospital with serious injuries. Sljivo was not injured in the crash.

Not every state in America participates in the interesting phenomenon of Daylight Savings Time. However, Missouri does.

Since you're already rolling your clocks back on November 1st, why not change the batteries in the smoke alarms in your home too?

Sunday, November 1st marks the return to Standard Time. Energizer Batteries and the International Association of Fire Chiefs are joining together to remind families to take a few extra minutes to install new smoke alarm batteries. It could make the difference in whether your family survives a fire or not. Working smoke alarms can double a family's chance of surviving a fire. According to the National Fire Protection Association, every three hours a home fire death occurs somewhere in the U.S. Having even a few extra seconds from a working smoke alarm could make a huge difference when trying to escape a burning home.

Please make this simple battery change a habit. It's an easy step in keeping your family safe.

Insurance companies make a lot of money because they increase premium prices and deductibles and then reduce liability coverage wherever they can. Many policyholders and claimants report abusive and unfair behavior by insurance companies.

There are various ways in which insurance companies try to use their financial strength and knowledge to their own advantage. For instance sometimes insurance company adjusters attempt to pressure claimants into speedy and unfair settlements. In one case a man who could not read, but had been involved in an automobile accident and had suffered injuries was offered a settlement release for his approval and signature. Even though he was told orally that the check he received at the time of the release was only one of several payments to come, the release indicated it was a full release of the at fault driver and a full and final settlement for the payment in the check given at the time of the release.

Unfortunately, for the poor illiterate man, the court was unwilling to undo the release because the adjuster testified that he had explained at length that the amount of the single payment was for a full release, which directly contradicted the statements of the illiterate man. In the face of a signed release and conflicting testimony the court was unwilling to set aside the release.

Make sure that you protect yourself from unfair insurance company tactics. If you have been in an automobile collision resulting in injuries make sure that you have adequate representation, and do not sign anything until you have sought appropriate legal advice.

The Missouri State Highway Patrol reported a crash that occurred yesterday in Adair County, Missouri near Novinger. Pedro Arriola, 34 of Milan, Missouri was operating a 2001 Oldsmobile on MO Route 6 outside of Novinger at 4:05p.m. He going eastbound and attempted to pass another eastbound vehicle. He crashed into an oncoming 1995 Plymouth, driven by Lorie Whittaker, 45 of Novinger.

Whittaker sustained serious injuries and was transported by Adair County Ambulance to Northeast Regional Medical Center in Kirksville, Missouri. A passenger in Arriola's vehicle, Walter Hernandez, 14 of Milan also sustained serious injuries. He was transported by Air Evac to the hospital in Columbia. Arriola sustained minor injuries and sought treatment on his own.

The Patrol was assisted by Adair County Sheriff's Office, Adair County Ambulance, Adair County Fire Department and Air Evac.

Two adults and five children were injured in a wreck yesterday in Scotland County, Missouri three miles west of Memphis. Tamra Roberts was driving a 2002 Mercury Mountaineer eastbound on US Hwy 136 when she swerved to avoid a collision with an unknown westbound vehicle that had crossed the centerline. Roberts lost control of the car, ran off the left side of the roadway and the vehicle overturned. Chris Irvin, a passenger in Roberts' vehicle, was ejected from the front passenger seat. The Missouri State Highway Patrol worked and investigated the crash. They were assisted by Scotland County Sheriff's Office, Memphis Fire and Rescue and the Memphis Police Department.

Seriously injured in the crash were Chris Irvin, 37 and Samantha Roberts, 12 both of Canton, Missouri. Chris Irvin was transported to Blessing Hospital in Quincy, Illinois. Samantha Roberts was transported to University of MIssouri Hospital and Clinics in Columbia, Missouri. Tamra Roberts, 30, sustained moderate injuries and was taken to Blessing Hospital. Austin Irvin, 16, Autumn Irvin, 14, Bronson Irvin, 9 sand Haley Roberts, 10, also of Canton sustained minor injuries in the crash. They were transported to Scotland County Hospital in Memphis.

On October 13, 2009 at approximately 1:35 p.m. an accident involving a 1996 International tractor-trailer and a 1994 Ford F150 truck occurred in Wayne County, Missouri. The Missouri State Highway Patrol reported that Russell Wilson, 69 of Piedmont, Missouri was driving westbound on Missouri Route 34 near Highway 67 when he braked to avoid a vehicle parked on the shoulder. The trailer came around into the eastbound lane and struck the Ford driven by Johnny Weston, 39 of Clubb, Missouri.

Johnny and Karen Weston sustained serious injuries while Angela Weston, 20 and Johnny Weston, 19 sustained minor injuries. All four Westons were transferred via ambulance to the Poplar Bluff Regional Medical Center for treatment of their injuries.

The Missouri State Highway patrol reported that Kaylee Edmonds, 19 of Jackson, Missouri and Jessica Evans, 24 of Cape Girardeau, Missouri were moderately injured in a traffic crash on October 13, 2009 in Cape Girardeau County, Missouri. At approximately 4:24p.m., Evans was driving a 1995 Chrysler on Route K, about 1 mile west of Cape Girardeau when she was struck in the rear by a 2004 Dodge driven by Edmonds. Both were taken to St. Francis Medical Center for treatment of their injuries.

The Missouri State Water Patrol investigated a crash where two boats collided on the lake yesterday. Around 3:37 p.m. a 1999 Skeeter Bass Boat, operated by Michael Eubanks of Bourbonnais, Illinois was idling on the lake when a 2002 Triton Bass Boat, operated by Jeff Frederici plowed up the lake and crashed into him. Further investigation is still pending.

If asked where the majority of fatal car crashes happen, most people would probably guess that the worst crashes happen on the heavily-traveled interstates and multiple-lane highways. Not so, according to a study done on 2008 crash statistics by the National Highway Traffic Safety Administration.

The study, reported in the USA Today article entitled "More Motorists Die on Rural Roads" showed that 56% of the crashes in the U.S. happened on rural roads, while only 23% of the nation's population lives in rural areas. The study also broke down the information for each state and Missouri's percentage of crashes occurring on rural roads was much higher, tallying up at 63% of all crashes in the state.

There are several reasons rural roads are more dangerous than highways. Many people drive considerably faster on rural roads. People are also more likely not to use a seat belt and to drive drunk on rural roads, both contributing to the danger. It is also a contributing factor that medical care takes longer to arrive on scene in rural areas.

It is costly to make the physical changes to the rural roadways to widen them or straighten the many twists and turns. But many states are trying to do what they can to make driving safer, Missouri included. Leanna Depue, the director of the Highway Safety Division of the Missouri State Department of Transportation says Missouri has added rumble strips to more than 5,500 miles of highways in Missouri. They're also campaigning to increase rural seat-belt usage.

Kaila Reichardt, 17 of High Ridge, Missouri and Heather Wilborn, 16 of House Springs, Missouri sustained moderate injuries in a crash on October 6th on Rock Creek Road in Johnson County, Missouri.

According to the report of Missouri State Highway Patrol Troop C, Wilborn was driving a 1999 Ford Escort southbound on Rock Creek Road when she failed to negotiate a curve, traveled off the left side of the roadway and struck a tree.

Both girls were taken by North Jefferson County Ambulance to St. Anythony's Medical Center for treatment of their injuries.

Catherine Ralph, 75 of Memphis, Missouri sustained moderate injuries in a head on collision on October 3rd in Scotland County, Missouri.

Missouri State Highway Patrol Troop B reports that Ralph was driving a 1988 Chevy when she crossed the centerline and struck a 2007 Ford operated by David Peterson, also of Memphis.

Ralph was transported by Scotland County Ambulance to Memphis Hospital. She was then transferred to University of Missouri Hospital by Staff for Life helicopter.

The Missouri Second Injury Fund was established in the early 1940's and provides funds for injured workers who already have disabilities or previous injuries. It also provides protection for workers who are injured on the job, but their employers are uninsured for workers compensation coverage.

The Missouri attorney general's office announced last week that the Second Injury Fund has stopped making offers to injured workers and may not be able to meet its financial obligations on cases that have already been settled. This is devastating news for injured workers in Missouri who rely on the protections afforded by the Missouri Second Injury Fund in the event they suffer incapacitating injuries on the job--especially when their employers should be covered by workers compensation coverage, but fail or refuse to pay for the insurance. This leaves many Missouri workers with little recourse and many times, no insurance to pay for necessary medical treatment.

While the fate of the Missouri Second Injury Fund is unclear at this point, it is clear that if you are a Missouri worker injured on the job, you need competent legal representation to ensure that your legal rights are protected and that you will receive the protections you are afforded under the law.

Continue reading "Injured Workers In Missouri May Not Have The Protection Of The Second Injury Fund" »

On September 27, 2009 around 6 p.m. a 1998 Chevrolet driven by Eric Wilbanks, 18 of Stover, Missouri crashed into a 2006 Harley Davidson motorcycle, driven by James Bauer, also of Stover. Wilbanks and Bauer were both traveling eastbound on Highway 52 in Morgan County, Missouri when Wilbanks struck Bauer from behind.

Bauer was transported by Staff For Life helicopter to University of Missouri Hospital and Clinics in Columbia, Missouri where he was pronounced dead a short time later. Wilbanks was not injured in the crash.

The Missouri State Highway Patrol Troop F reported that this was fatality number 62 for Troop F in 2009.