Missouri Injury Lawyers Blog

Yesterday the U.S. Government announced a formal ban on texting while driving for commercial drivers operating trucks and buses. Many companies already had policies in place prohibiting texting while operating company vehicles, but this nationwide ban is a huge step toward safer roadways for everyone. Commercial drivers caught texting can be fined up to $2,750 per occurrence.

The need for such a ban has become increasingly obvious as texting has grown in popularity over the last several years. A study published last July by Virginia Tech's Transportation Institute found that truckers texting are 23 times more likely to be involved in a crash or close call. Many states have already banned texting for all drivers, and even more anti-texting bills are currently being considered.

For more information, you can visit the new website set up by the U.S. Government Department of Transportation on Distracted Driving.

At approximately 3:35a.m. this morning, the Missouri State Highway Patrol responded to a crash scene on southbound I-35 in Clay County, Missouri. Jacob Kukuk, 19 of Kansas City, Missouri had parked his 1997 Ford in one of the southbound lanes of I-35. Randy Ellison, 40, also of Kansas City, Missouri came upon the parked vehicle suddnely and struck it in the rear.

Ellison sustained moderate injuries and was transported to North Kansas City Hospital for treatment of his injuries. The Patrol is still investigating the events and a summons is pending.

The National Institute for Safety and Health indicate that 3-4 people are killed each day in electrical related work injury in America. Arc flash injuries kill one person a day, and critically injure other due to serious burns of the skin. Electric arcs produce temperatures as high as 35,000 degrees Fahrenheit. They can produce a shock wave from the sudden expansion of air that results in a blast with strong air pressure. Material caught in the arc such as metals are vaporized and can spray hot onto an unprotected worker causing further burns and injury.

The Occupational Safety Health Administration (OSHA) and the National Electric Code (NEC), NFPA 70E: Standard for Electrical Safety Requirements for Employee Workplaces, require proper warnings for qualified workers, to warn of arc flash potential, and provide information for proper personal protective equipment.

NEC 110.16 requires that switchboards, panel boards, industrial control panels, and motor control centers in non dwelling occupancies, that are likely to require examination or service while energized be marked to warn qualified persons of the arc flash hazard.

Without these warnings workers can be seriously injured. The regulations were developed and adopted because trained electricians have been injured and killed at an alarming rate and are at risk when working on an energized system. The standards warning require the owner of the system to conduct an arc flash analysis and properly warn.

If you have been injured in an electrical accident you need to get the help of an experienced attorney. The law firm of Tatlow, Gump, Faiella and Wheelan has successfully handled electrical wrongful death and injury cases.

The Missouri State Highway Patrol reported a two car crash that occurred on Sunday, January 16 at 3:10 p.m. about two miles east of Macon on Highway 36. A 2006 International tractor, driven by Adam Niesen, 28 of Fowler, Illinois attempted to pass a 1994 Buick, driven by Joseph P. Joseph, 52 of Bethel, Missouri. Joseph was in the process of making a left-hand turn onto southbound Business 36 and was struck in the side by Niesen.

Joseph and his passengers Loren Joseph,14 and Binu Joseph, 46 were all moderately injured. They were transported by ambulance to Samaritan Memorial Hospital for treatment of their injuries.

The Missouri State Highway Patrol reported a crash which occurred on

Keith Holbert, 36 of Belton, Missouri was operating a 2009 International garbage truck when he changed lanes and crossed in front of a 1999 Pontiac Grand Am driven by Leslie Marley, 29 of Harrisonville, Missouri. Marley slowed to allow Holbert entrance into the lane and was struck in the rear by a 1985 International tractor trailer driven by David Thomas, 31 also of Belton. Marley was then pushed into the rear of Holbert's truck.

Marley sustained moderate injuries and was taken by South Metro EMS to Research Belton Hospital for treatment of her injuries.

The Moberly Police Department responded to an accident yesterday morning around 11 a.m. on the southbound lanes of Highway 63 near Route EE exit in Moberly. Eli Borntrager, 29 of Madison, Missouri was driving a horse-drawn buggy in the outside lane when we was struck from behind by a 2007 Chevrolet driven by Jeffrey Fleming, 34 of Staunton, Illinois.

Borntrager, sustained fatal injuries in the crash. His horse was also severely injured and was euthanized on scene by a local veterinarian. Fleming was not injured.

The crash is pending further investigation.

A recent Missouri Court of Appeals decision reminds us that contracts entered into over the internet may bind us to certain terms and conditions in the same manner as if signing a paper contract. In a appeal from a Greene County Missouri Circuit Court, the Southern District held that the website terms which included liability limitations and disclaimers, a Colorado choice of law provision and a forum selection clause limited to Denver County, Colorado, was enforceable. Major v. McCallister and Kalupto Creations, LLC and ServiceMagic, Inc., Case No. SD29871, (Mo. App. S.D. Dec. 23, 2009).

Appellant Major used ServiceMagic's website, which offered free referrals to prescreened construction contractors, to search for someone to remodel her Springfield, Missouri home. The website process involved a series of computer screens or web pages, each hyperlinked to ServiceMagic's terms and conditions. Although Major did not read the terms, she continued through the website and clicked the "submit for matching pros" button. That button was next to a notice that stated "By submitting you agree to the Terms of Use."

When Major became dissatisfied with the contractors hired through the website, she filed suit against them in Greene County, Missouri. Both the Circuit Court and the Court of Appeals held that Major was bound by the terms of the contract which required any lawsuit to be brought in Colorado--Not Missouri. "Failure to read an enforceable online agreement, as with any binding contract, will not excuse compliance with its terms." Id.

Alexandria Navarre, 23 of San Clemente, California sustained serious injuries in an automobile crash that occurred at 11:25 am today in Miller County, Missouri. The Missouri State Highway Patrol reports that Navarre was driving on Highway 17 on the Osage River bridge when she slid off the right side of the roadway, struck a guardrail and was deflected into oncoming traffic. She was struck by a 1998 Kenworth tractor-trailer driven by Bradley Banner, 24 of Tuscumbia, Missouri.

Navarre was taken by life flight to University Hospital in Columbia for treatment of her injuries.