Missouri Injury Lawyers Blog

William Pridemore, 51 of Quincy, IL sustained serious injuries in a rear end crash yesterday in Adair County, Missouri. The Missouri State Highway Patrol Troop B reported that the crash occurred at 11:10 a.m. two miles eat of Kirksville on Route 6. Pridemore was driving a 2003 Freightliner van and was waiting for traffic to clear before making a left turn. He was struck in the rear by a 2007 Mack Dump Truck driven by Edwin West, 48 of Kirksville.

Pridemore was transported by Adair County Ambulance to Northeast Regional Medical Center in Kirksville for treatment of his injuries.

The Missouri State Highway Patrol Troop B reported a one car crash which injured three young men in Randolph County, Missouri. On Sunday at 11:40 p.m., Nathan Snyder, 19 of Moberly was operating a 2000 Ford Explorer when it skidded off the ice covered roadway and overturned.

Snyder sustained minor injuries. His passenger, Dustin Redding, 22 of Moberly and Robert Dutton, 22 of Huntsville also sustained injuries in the crash. All three were taken by private car to Moberly Regional Medical Center.

The Missouri Department of Transportation has a very useful tool that everyone should have bookmarked on their computer. The MODOT Traveler Information Map displays a multitude of information concerning Missouri's roadway conditions including weather hazards, construction delays, temporary closings and more.
Check the map before heading out for a drive and you can avoid common safety hazards.

Have a safe and happy holiday season from Tatlow, Gump, Faiella & Wheelan, LLC.

On December 9, 2009 three people were killed in a car vs. train accident in Trenton, Missouri. As reported by Kansas City news station, KMBC-TV 9, Nancy Groves, 24 of Trenton, Missouri was driving from a nearby mobile home park to go cash a check when she crossed the train tracks in front of an oncoming Burlington Northern freight train. There is no crossbar installed at that crossing. Groves and her two passengers, Adam Romesburg, 30 and Nina Spencer, 28 were all three killed in the crash.

In first party claims, if a party is injured and collects against an insurance company, the settling insurance company may claim subrogation pursuant to Missouri Revised Statute Section 379.203.4 to any amounts that the injured person may recover.

While such language is still being included in releases by insurance companies this language is not lawful. In Missouri, an insurer who satisfies its liability for uninsured motorist coverage have subrogation rights only to claims by the insured against the uninsured motorist. While subrogation rights are allowed under the law to prevent unjust enrichment, insurers may not unjustly enrich themselves by extending their rights beyond the uninsured motorist carrier.

It is critically important for people dealing with insurance companies to understand the law involved so that the insurance company does not take advantage of the claimant.

Protect yourself by consulting with an attorney experienced in insurance law to protect your rights. The attorneys at Tatlow, Gump, Faiella & Wheelan, LLC have considerable experience in the field of insurance law. If you have an insurance problem, contact us for a free consultation.

The Missouri State Water Patrol released a statement regarding the new safety law regarding dock address identification which takes effect on January 1, 2010. Dock owners on Missouri lakes, specifically the Lake of the Ozarks and any other lake managed by the US Army Corp of Engineers, will be required to post the nearest land address on the dock itself to aid emergency workers in locating accident scenes. The hope is that response times will be that must faster with water-related accidents.

For more information you can visit the Water Patrol press release page or the Ameren UE press release page regarding the new law's specifications. You can also call the Missouri State Water Patrol with any questions regarding the new law at 573-751-3333.

The holidays are upon us and it is likely that you or your family members will be traveling on Missouri highways. While holiday celebrations with family and friends are often anticipated with much excitement and joy, many families unfortunately experience tragedy during this time of year when loved ones are killed or injured in traffic accidents during the holiday season.

This season often ushers in inclement weather along with increased traffic. Drivers need to be especially mindful of actions that will make their holiday travel safer.

• Make sure your vehicle is in proper working order before your trip. This includes checking fluid levels, making sure windshield wipers are working well and tires are properly inflated. Make sure you have plenty of gas.


• Always use seat belts and make sure young children are properly restrained in car safety seats. Remember, the back seat is usually the safest place for children of any age to ride.


• Be flexible in your travel plans and be aware of changing weather conditions and peak traffic hours. Don't hesitate to change your travel plans if conditions warrant it--The safety of your family is of utmost importance!


• Stay alert and take plenty of breaks. Many accidents are caused by fatigue and inattention.


• Keep your speed down and make sure there is plenty of space between you and other vehicles around you to allow adequate reaction time. Try to let impatient and aggressive drivers around you.


• If your holiday event will involve alcohol, choose a designated driver who will remain alcohol free. If you are the host, please make sure your guests have safe and alcohol free travel arrangements.


• Make sure to carry an emergency kit in your car. Some recommended items include a flashlight, blankets, and a small shovel.


• If you must use your cell phone, pull off the road and be aware of traffic around you.

Continue reading "Drive Safely This Holiday Season!" »

The Missouri State Highway Patrol issued a crash report after a one-vehicle accident occurred in Sullivan County, Missouri yesterday. At approximately 11:45 a.m., Rockne Miller, 44 of Tuscumbia, Missouri was operating a2007 Chevrolet westbound on Route N seven miles east of Milan, Missouri when he ran off the roadway, struck a ditch and the vehicle overturned.

Bruce Reid, 57 of Camdenton, Missouri was a passenger. He sustained moderate injuries and was transported to Sullivan County Memorial Hospital in Milan for treatment. Miller was not injured.

Missouri State Highway Patrol Troop F reported a crash that occurred on November 28, 2009 at 12:30 p.m. in Montgomery County, Missouri. The crash happened at the intersection of Route FF and Route E when 16 year old Douglas Jordan pulled into the path of oncoming traffic and was hit by Jacob Rule, 25.

Douglas Jordan, of New Florence, Missouri sustained serious injuries and was transported to St. John's Hospital by helicopter. Jacob Rule of Montgomery City, Missouri sustained moderate injuries and was transported to St. Joseph's West Hospital.

Underinsured motorist coverage typically provides coverage if someone is injured in an automobile collision caused by someone who does not have enough liability coverage to cover the damages to the injured party. Unlike the requirements for uninsured motorist coverage, Missouri statutes do not mandate underinsured motorist coverage. Therefore, the amount of coverage available to an injured party is determined by the contract of insurance entered between the insurance company and the consumer.

Insurance companies are required to write policies that are clear and unambiguous. The policies should be construed so that an "ordinary person of average understanding" could reasonably interpret the policy and understand the coverage it provides. If the insurance policy is ambiguous and confusing to the average consumer, the courts will interpret the policy language to provide the most possible coverage for the consumer.

That is exactly what happened in the recent cased handed down by the Missouri Supreme Court in Richie v. Allied Property & Casualty Ins. Co., Case No. SC90085 (Mo banc Nov. 17, 2009). The injured party was hurt while riding in a vehicle he did not own. One clause of the insurance policy provided that his underinsured motorist coverage was "excess" if he was injured in a non-owned vehicle. However, another clause in the policy conflicted with this provision and seemed to not allow the coverage. The Supreme Court determined that the policy, when read as a whole, was ambiguous and confusing to the average consumer. Because insurance companies are required to write clear insurance policy provisions, the court ruled in favor of the insured and against the insurance company. The injured party was able to collect nderinsured motorist coverage that he had paid for on multiple vehicles because he was injured in a non-owned vehicle and the insurance policy was unclear.

If you are injured in an automobile collision and think that you may have insurance coverage, but your insurance company denies your claim, you should seek competent legal advice. The attorneys at Tatlow, Gump, Faiella and Wheelan, LLC, have considerable experience representing injured consumers who have purchased insurance coverage to protect themselves financially in the event of an accident, but the insurance company denies their claim. We understand your situation and will work closely with you to evaluate your coverage and determine the best course of action for your situation.