Missouri Injury Lawyers Blog

Bicycling is a popular warm weather passtime that can be dangerous if proper safety precautions aren't taken. It is important to always wear a properly fitting bicycle helmet. It can significantly reduce the risk of traumatic brain injury by as much as 88% according to the Consumer Product Safety Commission (CPSC). More than half of all bicycle accident fatalities in the United States are attributed to head injuries.

To insure that you get a good fit on a bike, you may wish to check the bicycle helmet safety institute information on how to fit a bicycle helmet. You may also check with the vendor of the bicycle helmet or a reputable bicycle store to insure that your child has a good fitting bicycle helmet. It is also a good idea to make sure your helmet has not been recalled for defects by checking the
CPSC helmet recall list..

Traumatic brain injuries not only pose a significant risk of fatality, but also can lead to significant disability. The old saying that a pound of prevention is worth a pound of cure certainly applies to children wearing bicycle helmets.

Tatlow, Gump, Faiella & Wheelan, LLC wishes you a safe and happy summer.

The Missouri Child Identification Program, also known as MOCHIP, helps parents gather and prepare a packet of information to be used if their child ever goes missing. Program workers set up clinics at Masonic Lodges around the state. These information packets contain a photograph of the child, fingerprints, dental records and more and are provided at no cost to the parents. The packets also contain a disc that the police can upload directly into the Missouri Amber Alert system to help find a missing child.

To find a MOCHIP clinic near you, visit their website's calendar of events.

The Federal Motor Carrier Safety Regulations were passed into law to protect the safety of the motoring public. These laws protect all of us on the roadways from dangerous and unsafe truck drivers and trucking companies. Safe trucking companies insure that they and all their employees follow the Federal Motor Carrier Safety Regulations. These regulations clearly require that trucking companies insure that their employees obey driver regulations. 49 CFR Section 390.11 requires "whenever...a duty is prescribed for a driver or a prohibition is imposed upon the driver, it shall be the duty of the motor carrier to require observance of such duty or prohibition. If the motor carrier is a driver, the driver shall likewise be bound." This regulation clearly prescribes the standard that trucking companies must meet. Unfortunately many trucking companies do not hire the best drivers, properly train or supervise them.

When it comes to trucking safety, the buck stops with the trucking company and its management. If its truck drivers do not follow safe practices, the trucking company is responsible under the law for the actions of their employees.

Continue reading "Trucking Companies Have a Responsibility To Make Sure Their Employees Follow the Law" »

According to a recent news release by the MO Department of Transportation, 50 percent of all traffic crashes in Missouri are caused by at least one car travelling off the roadway. The key, according to MoDOT Director of Highway Safety, Leanna Depue, is not to overcorrect.

In an effort to educate drivers on run-off-road crashes and the dangers of overcorrecting, MoDOT has published some key safety tips. First of all, remain calm. If you panic, you're more likely to overcorrect. Keep a firm grip on the wheel while easing off the gas and staying off the brake. Only turn your wheel an 1/8th turn to the left. As soon as you feel your tires hit pavement again, turn your wheel a 1/4 turn back right. Following these simple steps can prevent you from causing an accident.

MoDOT has also shared some helpful videos on their site, SaveMoLives on what to do when your tires leave the roadway.

Since 2005, Missourians born after 1984 have been required to pass a boating safety course offered by the Missouri State Water Patrol prior to operating a boat or personal watercraft on public lakes. (RSMo. 306.127)

While this course if offered at many locations throughout the state, the MSWP also offers this required course in an online format at Boat Missouri for a nominal $20 fee.

Melody Shuck, 43 of Holden, Missouri and Haley Merrigan, 20, of Kansas City Missouri were involved in a two vehicle crash April 5th, 2010 on US 50 at Missouri 131. According to the Missouri State Highway Patrol Troop A, Shuck, driving a 2007 Chevy Malibu, was driving on Northbound 131 attempting to cross the eastbound lanes of US 50. In doing this, Shuck drove into the path of Merrigan, who was driving eastbound on US 50 and driving a 1999 Toyota Corolla. An investigation is continuing and charges are pending.

Shuck was taken by Johnson County EMS to Centerpoint Hospital for treatment of her injuries. Merrigan was taken by Johnson County EMS to Lee's Summit Medical Center for treatment of her injuries. The Missouri State Highway Patrol was assisted by the Johnson County Sheriffs Department.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 114 people who were injured in a Missouri crash sustained injuries from a vehicle coming from another roadway.

After four days of testimony, a Monroe County Jury awarded Greg Beavers $750,000 for injuries he received at the Pace Industries factory in Monroe City, Missouri. The plaintiff was severely burned on his neck, arm, chest and stomach, when molten aluminum exploded onto his body, although he was wearing a shirt that was supposed to protect him from burns.

The shirt, manufactured by Cintas, was provided to the Pace employee by Leggett and Platte, the corporate owner of the subsidiary corporation, Pace Industries. There was testimony during the trial that the shirt was never designed to provide primary protection to employees working around the molten metal, but the workers were never provided that warning. The jury assessed 90% fault to Leggett and Platte, 5% to Cintas and 5% to the Plaintiff.

Continue reading "Monroe County Jury Awards $750,000 To Injured Worker" »

Supreme Court and Appellate Judges are selected under the Missouri non-partisan plan for selecting judges. The Missouri plan has become a model for other states because it avoids the interjection of politics, money and special interests into the judiciary.

Unfortunately, some powerful interests want to undo the non-partisan court plan so they can install judges that are loyal to their political views. This would be the worst possible outcome for fairness in our Missouri courts. Recently, Chief Justice William Ray Price, Jr. of the Missouri Supreme Court delivered the State of Judiciary Address. This quote from his speech is something every Missourian should read and take to heart.

"When the people of Missouri walk into our courtrooms, they expect and deserve to have their individual case heard on its facts and on the law, without fear that a rich man or a powerful interest has already bought the promise of the judge to rule the other way. Justice is rendering to each litigant what he or she is entitled to, not using his or her case as a stepping stone for fundraising or as a stepping stone for the advancement of a particular ideological or political goal, or as payback to a contributor."

Chief Justice Price's words speak volumes about the intent to dismantle Missouri's non-partisan court plan. If you care about fairness and justice in our court systems, contact your legislator and let them know that you support the Missouri non-partisan court plan and do not want it changed.

Janice Vanhelten, 64, of Montreal, Missouri and Vera Byler, 52, of Montreal, Missouri were involved in a two car crash March 5th, 2010 on Route A .8 miles east of Prairie Rose. According to the report of the Missouri State Highway Patrol Troop F, Byler, driving a 1996 Jeep was stopped to make a left turn when Vanhelten, driving a 2008 Kia rear ended her.

Vanhelten was taken by private conveyance to Lake Regional Hospital for treatment of her injuries. Byler was taken to Lake Regional Hospital by ambulance for treatment of her injuries.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 5.7% of older drivers involved in car crashes had these crashes on single lettered state roads such as Route A.

According to an article published in the Columbia Daily Tribune, the Missouri Department of Transportation (MODOT) has announced its decision to reduce the current 70 m.p.h. speed limit on Highway 63 inside the Columbia city limits to 65 m.p.h. The speed limit reduction will begin on Columbia's south edge at Route AC/Grindstone Parkway and continue north past the Route B interchange. The site of many serious accidents, MODOT hopes the reduction in speed will make that stretch of highway safer for all travelers.

Kyle Hargrave, 18, of Linn, Missouri and Joshua Everts, 19, of Jefferson City, Missouri were injured in a single car crash April 7th, 2010 on Highway 63 3.4 miles of Route E. According to the report of the Missouri State Highway Patrol Troop F, Hargrave was driving a 2000 Chevrolet. He ran off the right side of the road and struck a road sign, causing the vehicle to overturn.

Hargrave was flown by helicopter to University Hospital in Columbia for treatment of his injuries. Everts, a passenger in the vehicle, was taken by ambulance to St. Mary's Hospital in Jefferson City.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 22.3% of 18 year old drivers sustained personal injury in car accidents.

Continue reading "Two Teenagers Injured in Osage County Crash" »

Robert Wachter, 35, of Gladstone Missouri, Raymond Steedsman, 65 of Enderlin, North Dakota, and Carol Steedsman, 64, of Enderlin, North Dakota were involved in a two vehicle crash March 7th, 2010 on Interstate 435 at Shoal Creek in Kansas City, Missouri. According to the report of the Missouri State Highway Patrol Troop A, Wachter, driving a 2001 Ford, ran off the left side of the road, striking the Steedsman's parked 2007 Ford. An investigation is continuing.

Wachter sustained minor injuries, but refused treatment at the scene. Both Carol and Raymond Steedsman were transported by EMS to Liberty Hospital for treatment of their injuries.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 55,149 people were injured in Missouri car accidents. Of these accidents, 20.7% of the accidents involved a motor vehicle striking a fixed object, such as a parked car.

Joshua Robinett, 18, of Russellville, Missouri was injured in a single car crash April 8th, 2010 on Route HH .5 miles north of Hidden Valley Road. According to the report of the Missouri State Highway Patrol Troop F, Robinett was driving a 2004 Chrysler and failed to negotiate a curve, causing the vehicle to drive off the left side of the road and overturn. Robinett was taken by private car to Capital Region Medical Center for treatment of his injuries.

There are many dangers to be aware of when driving on two-lane highways. More often than not, these roads have many hills and sharp curves. Because of that, drivers should closely watch the road ahead of them for upcoming turns or obstacles like slow-moving vehicles or animals in the road so they can slow down quickly if needed. Research shows that teenagers driving on roads with frequent curves to negotiate account for a large portion of crash accidents involved young drivers. According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 18.5% of young drivers involved in crashes sustained personal injury from a crash that occurred on a curved road.

Marvin Graves, 55, of Pilot Grove, Missouri, and Bernard Lohr, 67, of Boonville, Missouri were involved in a two car crash March 7th, 2010 on Missouri Route 135 just mile south of Interstate 70. According to the report of the Missouri State Highway Patrol Troop F, Lohr was driving a 2001 Ford and pulled into the path of a 2003 Pontiac driven by Graves.

Graves was taken by Cooper County Ambulance to Cooper County Memorial for treatment of his injuries. A passenger in Graves' vehicle, Jenny Lawson-Choate, 38 of Boonville, Missouri sustained minor injuries but refused treatment at the scene.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 17% of crashes involving drivers over the age of 55 were caused by inattention, such as pulling in front of another vehicle.

Inattentive drivers is just one of the many dangers people face on the road, and while you can't change how other people drive, you can help protect yourself by wearing a seat belt and making sure everyone in your vehicle does too. Here are a few tips for seat belt safety:

• Always wear your seat belt every time you get in the car, no matter the distance of your trip.


• Wear your seat belt properly, with shoulder and lap belts in the proper position.


• Do not share seat belts. Use one seat belt per person.


• Inspect your seat belts for wear, tear and mechanical malfunction.


• Make sure children are buckled in to car seats or boosters appropriate for their age and weight.

Sonya Lopez, 31, of Moberly, Missouri and John Lorentzen, 72, of Sturgeon, Missouri were involved in a two vehicle crash on April 6th, 2010 on northbound Highway 63 at McComas Road. According to the report of the Missouri State Highway Patrol Troop F, Lorentzen was driving a 1989 Ford dump truck when he pulled into the path of a 2002 Ford Taurus, driven by Lopez. Lopez was taken by ambulance to Boone Hospital Center in Columbia for treatment of her injuries.

You never know when you're going to have to make a sudden stop, and properly maintaining your car's brakes will help keep yourself and your passengers safe. Some of the most common signs of brake wear are a low or spongy brake pedal, and continuous squeals or grinding sounds. If your car shows any of these signs, repairs may be necessary. Have your car checked out by a qualified, trusted mechanic.

For more information on braking and safe driving tips, visit this Edmunds' article, Keep Your (Braking) Distance: More Than Just Slowing Down.

Electrical injuries commonly involve serious physical injuries primarily involving burns. However, medical literature indicates that electrical injuries survivors may experience a broad range of impaired neuropsychological functioning. Many electrical injury patients perform significantly worse on standard neuropsychological testing including measures regarding attention, mental speed and motor skill. Frequently cognitive changes occur in patients who have suffered electrical injuries. See Duff and McCaffrey, 2001 Electric Injury and Lighting Injury, A Review of their Mechanisms and Neuropsychological, Psychiatric, and Neurological Sequelae, Neuropsychological Review, 11 (2001), pp. 101-116.

This phenomenon has been described a neuropsychological syndrome related to post electrical injury and involves physical, cognitive and emotional changes. See Recent Advances in Understanding the Neurobehavioral Aspects of Electrical Injury, 20th International Lightening Detection Conference, 2008, University of Illinois at Chicago, University of Chicago, Chicago, Illinois, The Chicago Electrical Trauma Research Program.

The Federal Motor Carrier Safety Regulations require that all commercial truck drivers use "extreme caution" in hazardous weather conditions. Missouri's Commercial Drivers Manual provides that truckers should slow down by as much as one-third of their normal and customary speed during hazardous conditions. Federal Law and trucking industry practice includes rain, fog, snow, ice and wind as hazardous conditions.

Rain is the most common weather problem that commercial motor vehicle drivers encounter. Heavy rain can limit the visibility just as much as fog or snow storm. Tractor trailers may hydroplane and lose contact with the pavement. Traction is also reduced when rain mixes with dirt, oil and grease on the roadway. By reducing speed tractor trailer drivers can increase the traction control of their vehicle.

Traction is important because automobile average several thousand pounds in weight whereas tractor trailers can average 80,000 pounds when fully loaded. If there is a crash because the tractor trailer loses traction it is the people in the vehicle that are most likely to be seriously injured or killed.

Unfortunately, truckers in Missouri and elsewhere do not always exercise the extreme caution that the Federal Motor Carrier Safety Regulations require. Drivers who continue to travel at the posted speed limit during hazardous conditions are acting recklessly and are violating their mandatory safety duties and obligations. If a collision results from the drivers failure to follow the safety regulations during extreme weather conditions, liability can be imposed on the driver and his employer to compensate injured persons and their families because of such reckless and careless conduct.

If you are a loved one are injured by a tractor trailer during bad weather conditions or because of the tractor trailer company's negligence and carelessness, we urge you to contact a Missouri trucking lawyer to discuss your rights. The law firm of Tatlow, Gump, Faiella & Wheelan, LLC has a long tradition of representing victims of negligence against trucking companies. For a free consultation concerning such matters please call 1-800-264-3455 or use the form on our contact us page.

If you were driving drunk down the road and caused a serious car accident you would expect to be held accountable for the injuries that you caused. Yet many in our society don't want medical professionals to be held responsible for injuries they cause. Unfortunately, the talk of medical malpractice caps has no connection to the wrong doing of the physician.

Government studies have shown that more than 90,000 people die a year due to medical errors. The theory behind caps is that costs will be regulated by making sure that the people that are injured by these errors won't bring lawsuits. Unfortunately this thinking is all wrong. Why is it wrong? It is wrong because our system is based upon the idea that those people that are successful in the marketplace and get good results are rewarded and those who are not as successful in the marketplace get penalized. This is capitalism plain and simple. Yet some people don't like capitalism. Maybe they don't like democracy. Juries are the same people that vote in our elections, US Citizens. Why is it that some politicians and powerful interests believe that you can't trust the American people.

Instead they want to give immunity across the board regardless of what the doctor has done. These means that doctors who come to the ER intoxicated or on drugs and kill someone, will be entitled to these legal protections.

I suppose it would be nice for physicians to not be held accountable or responsible for their wrong doing. It will make doctors and hospitals far more profitable, but it will certainly lower the standards and result in patients being less safe. If you don't think doctors who have done really bad things should receive specialty protections, make sure to tell your elected officials. Otherwise, sometime in the near future when you have been wronged by a doctor or a hospital, you won't have any rights at all.

Our attorneys, Rex Gump and Cassie Carpenter just returned from a successful mediation in Kansas City, Missouri. Our clients were seriously injured when a speeding car clipped their vehicle, sending them hurtling over a 150 ft. embankment, the equivalent of dropping from a 15 story building.

Continue reading "TGFW Attorneys Successfully Mediate Personal Injury Case" »

The majority of states require that drivers have insurance coverage so that they have a policy in place to help pay for the damages they may cause to others, and also for property damage they may cause in a car accident.

In addition, there are other types of coverage to help recover these expenses. This article focuses on property damage to cars.

The basic type property coverage for automobiles includes: property damage liability which covers an at fault driver for damages they cause to the property of another person. So for example, if the at fault driver damages the other person's car in the collision, this coverage will pay for the repairs or replacement of the damaged property up to the policy limits. The best practice for the person carrying the policy is to carry enough coverage to cover the damages they may cause to property or other people. While it is difficult to know in some circumstances how much insurance coverage to carry, given that the average cost of the vehicle has risen over the years, and many vehicles cost between $30,000.00 and $50,000.00, it would be wise to carry limits high enough to cover this risk.

Continue reading "Recovering Property Damage After A Car Accident" »