Missouri Injury Lawyers Blog

There have been countless news stories on the many automobile recalls that have been issued in the last few months in response to sudden acceleration, pedal problems, and other safety concerns. Do you know if your vehicles have been recalled?

Many people are unaware of manufacturer recalls that affect their vehicles, but the National Highway Traffic Safety Administration maintains a website specifically for the purpose of helping the public find out about recalls on their vehicles. Visit SafeCar.gov's Recall Search to see if your vehicles are affected.

Memorial Day weekend is generally recognized as the unofficial start of the summer boating season. Taking a few precautions can help you stay safe if you choose to head to hit the water this weekend.

The Missouri State Water Patrol maintains a webpage with Handbook of Missouri Boating Laws and Responsibilities. Visit their site to learn more about boat safety.

Everyone at Tatlow, Gump, Faiella & Wheelan wishes you a safe and happy Memorial Day weekend.

Former Supreme Court Justice Sandra Day O'Connor recently discussed non-partisan court plans in her Op-Ed article, "Take Justice Off the Ballot," published last week by the New York Times. Justice O'Connor defended a non-partisan court plan for selecting judges that includes public nominations and appointment of judges, followed by performance evaluations and followed up with a yes or no vote by the people.

Eric Posner, a law professor at the University of Chicago, outlines a differing view in his recent Newsweek article entitled, "The Case for Electing Judges in Missouri." Notably, Professor Posner's differing view fails to mention that under merit selection plans votes do get to vote on the judges.

Our view is that the Missouri plan has produced well qualified ethical judges under both republican and democratic administrations. Changing to a pure electoral system will serve only the rich and powerful.

Many auto accidents and serious truck accidents are contributed to by impairment of the at fault motorist. While drugs and alcohol play a role in a number of accidents in the United States, there is a large body of evidence suggesting that impairment due to sleep apnea is a culprit in many such accidents, particularly for over the road truck drivers who drive long hours.

Sleep Apnea is a medical disorder that interrupts a person's breathing during sleep. Normally, a person's respiratory system slows during sleep, but a healthy person does not stop breathing. Sleep Apnea causes sleeplessness, fatigue, and is associated with excessive snoring and being overweight. Trucking companies are aware of the sleep apnea problem and the physical characteristics of drivers who may be susceptible to this condition. If an auto accident is caused where the driver is said to have been asleep, an investigation into whether or not the driver had sleep apnea and whether or not the driver and his employer knew about it is necessary.

Because driver fatigue is a significant risk factor for accidents drivers and trucking companies have an obligation not only to monitor the number of hours worked, but to monitor safety, health and qualifications of their drivers. According to a 2002 study by the Federal Motor Carriers Safety Administration, almost thirty percent of commercial driver's license holders have some form of sleep apnea. Other studies have shown that fatigue is a significant factor in accidents.

Frank Medina, 85, of Kansas City, Missouri, and Mark Matthews, 45, of Belton, Missouri were involved in a two vehicle crash May 12th, 2010 on Missouri Route D at 177th Street. According to the report of the Missouri State Highway Patrol Troop A, Medina was driving a 2002 Honda when he overtook Matthews, striking his 2001 Honda in the rear.

Medina was taken by Belton EMS to Overland Park Regional for treatment of his injuries. The Missouri State Highway Patrol was assisted by the Cass County Sheriffs Department.

Continue reading "Kansas City Man Injured in Cass County Crash" »

Christopher Daly, 35, of Glen Carbon, Illinois, David Wilson, 29, of St. Louis, Missouri, and Charles Walker, 37, of St. Louis, Missouri were involved in a three vehicle crash May 14th, 2010 on westbound Interstate 270 east of Old Halls Perry in St. Louis County. According to the report of the Missouri State Highway Patrol Troop C, Wilson was driving a 2005 Chevy Impala and was stopped in traffic in front of Walker who was driving a 1999 Mercury Sable. Daly who was driving a 1999 Chrysler Cirrus, failed to stop and he hit the back of Walker, pushing him into Wilson. Wilson was taken by Christian Northeast Ambulance to Christian Hospital for treatment of his injuries.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 40.3% of people injured in a Missouri car crash sustained these injuries on busy interstate.

Alyssa Courtney, 16, Brooke McHenry, 15, and Courtney McHenry, 17, all of Richwoods, Missouri, and Betty Jane Michaeli, 73, of St. Clair, Missouri were involved in a two vehicle crash May 13th, 2010 on Missouri Route 21 at Simpson Road in Washington County. According to the report of the Missouri State Highway Patrol Troop C, Michaeli was driving a 2007 Chrysler Sebring and was stopped in the roadway waiting for animals to move out of the roadway. Courtney was driving a 2000 Chevy Cavalier. Because of a crest in the road, she failed to see Michaeli and struck her in the rear. Alyssa Courtney, Brooke McHenry, and Courtney McHenry were all taken by Washington County Ambulance to Washington County Memorial Hospital for treatment of their injuries.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 395 people were injured because of an animal in the roadway.

Johnny Bernard, 25, Lacey Roach, 21, and Jonathan Williams, 22, all of Holts Summit, Missouri were involved in a single vehicle crash May 14th, 2010 on westbound US 54 at Route AE/TT in Callaway County. According to the report of the Missouri State Highway Patrol Troop F, Roach was driving a 1996 Mercury when she traveled off the left side of the road and struck a guardrail.

Roach was taken to Callaway County Hospital in Fulton, Missouri for treatment of her injuries. Bernard and Williams sustained 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,12,637 people were injured in fixed object traffic crashes, such as striking a guardrail.

Larry Farris, 62, of Jefferson City, Missouri and Michael Gentry, 30, of Osage Beach, Missouri were involved in a two vehicle crash on May 13th, 2010 on Highway 63 south of Angel Lane in Boone County. According to the report of the Missouri State Highway Patrol Troop F, Farris, who was operating a 2000 International Box Truck, was driving in the passing lane, when Gentry, who was operating a 2007 Dodge Ram Pickup, failed to notice Farris and changed lanes to pass the truck, causing him to strike Farris' truck in the rear. Farris was taken by EMS to the University Hospital in Columbia, Missouri for treatment of his injuries.

Driving a passenger vehicle around big trucks can be dangerous. According to the Missouri 2008 Traffic Safety Compendium, 3.2% of crashes where drivers sustained injuries involved a large truck like Farris'.

Here are some suggestions from Road Safe America on how to drive safely when you're around big trucks:

•Be alert and cautious when you approach a large truck. They don't drive the same way a car does.
•Be aware of blind spots in trucks. If you cannot see a truck's side mirrors, the truck driver cannot see you. One-third of all crashes between large trucks and cars take place in the blind spots around a truck.

•Do not pass a truck on the right if the truck is turning right. Large trucks often make a wide left swing to make a right turn safely.

•Do not cut off large vehicles. They require more room to stop because they are so big.

•To pass a large vehicle, accelrate slightly and maintain a consistent speed while passing. Wait until you can see the entire cab of the truck in your rearview mirror before re-entering the driving lane in front of it.

•Observe a truck's turn signals before you attempt to pass it to make sure the driver isn't waiting for an opening to change lanes or make a turn themselves.

•Give large trucks extra room in wet conditions and at highway speeds, at least four to six seconds of space in between you and the truck.

•Call authorities if you see unsafe driving.

Almost every week there is some product that has been recalled because the manufacturer has discovered there were problems with the product or because consumers have reported problems. It is difficult to keep up with all the product recalls and sometimes even with the recall products will still be sold from stores before all the products can be removed.

If you have a concern regarding a specific product, or want to research a category of products to avoid, such as defective children's toys, you can make these searches at the US Consumer Product Safety Commission website. From this website you can check the recalls by product type, company, product description, type of hazard, country or by month and year.

Remember if you become aware of a product that is dangerous you should report it to the CSPC as soon as possible so they can take action. Reports to the CSPS may be made to websafety@cpsc.gov.

Jill Walker, 39, of Festus, Missouri, Daniel Schwent, 39, of Festus, Missouri, Sarah Carr, 42, of Festus, Missouri, and Daryl Stoltzfus, 22, of Advance, Missouri were involved in a four vehicle crash on May 11th, 2010 on northbound Interstate 55 .1 mile south of Route M. According to the report of the Missouri State Highway Patrol Troop C, Walker was driving a 2004 Saturn LXS and Schwent was driving a 2004 Chevy Silverado and both slowed for traffic ahead of them. A 2010 Toyota Corolla, driven by Carr, failed to slow down for traffic congestion and his vehicle crashed into Schwent, who then ran into the back of a 2002 Ford van driven by Stoltzfus.

Carr was taken by Rock Township Ambulance District to St. Anthony's Medical Center for treatment of her injuries.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 11.3% of Missouri car crashes occured on interstates; these crash victims also sustained injuries due to these crashes.

Billy Decker, 80, of Lincoln, Missouri, Ruby Decker, 82, of Lincoln, Missouri, and Jacqueline Salas, 31, of Warsaw, Missouri were involved in a two vehicle crash May 10th, 2010 on southbound US Highway 65 at Route HH in Benton County. According to the report of the Missouri State Highway Patrol Troop A, Billy Decker was driving a 1999 Dodge Dakota and failed to yield at the intersection of southbound US Highway 65 and Route HH Decker pulled into the path of Salas who was driving a 1999 Ford Taurus and Salas struck the front of Deckers' vehicle. An investigation into this crash continues, and charges are pending.

Billy Decker and Ruby Decker were taken to Rothwell Hospital in Sedalia, Missouri for treatment of their injuries. Salas sustained minor injuries, but refused treatment at the scene and said she would seek her own treatment later. The Missouri State Highway Patrol was assisted by Benton County Sheriff Deputies.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 14.1% of crashes involving an older driver were caused due to failing to yield by the older driver.

May is Motorcycle Safety Awareness Month, and it is a good time to see if the helmet you wear while riding your motorcycle passes the safety test. HelmetCheck.org has a feature on their website that lets you input your helmet's brand, type and model to find out it's safety rating. HelmetCheck also has a variety of motorcycle helmet safety information.

Missouri law requires all motorcycle operators and passengers to wear protective headgear at all times the vehicle is in motion on the highways of the state.

"Look. Learn. Arrive Alive." This is Missouri's slogan as it relates to safe driving practices and educating Missourians about various dangers on our roadways. Most recently, the Missouri Coalition for Roadway Safety has joined with several federal, state and local agencies to bring light to a new public awareness campaign designed to educate Missourians about motorcycle safety. They've also designated May as Motorcycle Safety Awareness month.

The SaveMoLives website recently issued a statement that motorcycle fatalities actually dropped by 21.5 pecent in 2009 from the year prior. After decades of the number of fatalities increasing each year, this is a very welcome change. The MCRS and other agencies would like to continue the downward trend by offering some safetly tips for drivers of passenger and commercial vehicles sharing the roadway with motorcycle riders:

Motorcycles have the same rights and priveleges as any other vehicle on the road.
Always allow the motorcycle a full lane's width. Do not share lanes.
Motorcycles are small and hard to see, so it can be difficult to judge the speed of an approaching motorcycle.
Always use your signals before changing lanes or merging into traffic.
Make a visual check for motorcycles by using mirrors and checking your blind spots before changing lanes and at intersections.
Remember that road conditions which can be minor in a car can be quite hazardous to motorcyclists. They may change their speed or adjust position in a lane very quickly to avoid dangers such as potholes, gravel, wet surfaces or railroad crossings.
Allow more following distance behind a motorcycle, three or four seconds, to give the motorcyclist ample room to maneuver as needed.

For more information, visit SaveMoLives website for more motorcycle safety tips.

The Missouri State Highway Patrol Troop B reported a crash on April 29 in Randolph County on County Road 1230, approximately 1 mile east of Huntsville, Missouri. Jacob Horton, 18 of Moberly, MO was driving a 1994 Saturn too fast for conditions when he lost control, ran off the road and struck a steel post. Both Horton and his passenger, Zachary Horton, 15, also of Moberly, were moderately injured. They were transported by Randolph County Ambulance to Moberly Regional Medical Center for treatment of their injuries.

MSHP Troop B also reported a crash which occured on May 1 in Macon County on US Hwy 63, approximately 7.5 miles south of Macon. Christopher Bahr, 36 of Sturgeon, MO was driving a 1993 Saturn when he ran off the right side of the roadway and lost control of the vehicle. The vehicle overturned and came to rest on its wheels. Bahr sustained minor injuries, but refused treatment at the scene. His passenger, Kara Harvey, 24 of Holliday, MO was transported to Moberly Regional Medical Center by Macon County Ambulance for treatment of moderate injuries.

MODOT recently started a public awareness campaign on Run-Off Road Crashes to highlight the dangers and frequency of this type of accident. It is evident by the number of Run-Off Roadway traffic crashes reported by the MSHP Troop B over the last week that there is certainly a need to better educate drivers on how to handle these types of situations. For more information on overcorrectiong and some instructional videos, see our recent post.