Missouri Injury Lawyers Blog

Attorneys Rex Gump and Chris Faiella of Tatlow, Gump, Faiella & Wheelan, LLC obtained a global seven figure settlement on behalf of a couple who were injured when their pickup truck was struck from behind by a commercial box truck on a divided highway. The client's vehicle went off the right hand side of the roadway, struck a highway sign and continued into a ditch where it landed upside down. The husband sustained multiple broken bones and was hospitalized for an extensive period of time.

Our investigation revealed that the operator of the box truck was in the course and scope of his employment. It also revealed that he was operating a vehicle in a rain storm at a high rate of speed with his windshield fogged over. Numerous eyewitnesses and medical and police personnel were interviewed to determine these facts.

Continue reading "TGFW Attorneys Negotiate Large Settlement in Serious Truck Crash" »

The Missouri Department of Transportation maintains an interactive map to keep people informed about roadway conditions throughout the state. This is particularly helpful when winter weather hits and you need to know the condition of the roads you plan to travel. Visit the MODOT Traveler Information Map and stay safe.

Sleep apnea is extremely common among truck drivers, which makes sense considering their lifestyle. Studies have shown that 20 to 30 percent of automobile accidents that involve tractor-trailers occur due to sleep apnea. Proper diagnosis of the disease can be made by having a sleep study performed. There are different treatments for sleep apnea which could help reduce the amount of accidents on the road.

What is sleep apnea?
Sleep apnea occurs when normal breathing is reduced due to the muscles in the back of the throat becoming too relaxed.
When this occurs usually the person wakes up. Some people can wake up several times a night which can cause them to be extremely drowsy the next day.

Risk factors include:
Obesity- Over half of people with sleep apnea are obese.
Age- A person is more likely to suffer from sleep apnea if they are over age 40.
Nasal Obstruction- People with allergies, sinus problems, and/or a deviated septum can be more prone to sleep apnea.
Male- Men are twice as likely as women to have the disorder.
A large neck- Men- larger than 17 inches, women- larger than 15 inches.

• Signs and symptoms include:
• Trouble concentrating
• Forgetfulness
• Difficulty staying asleep
• Loud Snoring
• Gasping and snorting
• Excessive daytime sleepiness

For more information on this please see the Federal Motor Carriers website.

The U.S. National Transportation Safety Board is recommending a ban of mobile phone use by drivers in all 50 states. This recommendation is following a deadly chain- reaction crash that occurred in Missouri earlier last week. The crash was caused by a 19 year old driver who had sent/received 11 text messages in the 13 minutes prior to the crash.

The board compares mobile phone use while operating a vehicle to smoking and drunken driving. Mobile phone use is no less distracting than those, and unfortunately it may be too ingrained with drivers for them to stop. Nearly 9.4% of road fatalities for 2010 were related to driver distraction. Even hands- free calls can be distracting to drivers, so therefore the hands- free technology would have to go as well.

This ban would certainly not end all distracted driving, but it would certainly help. Because this ban is so difficult to enforce it is hard to tell whether or not people will abide by it or just ignore it and take their chances.

Vehicles are an everyday part of life for most Americans, that are used every day to get people where they need to go. Its easy to see why vehicles are the leading cause of accidental death in the U.S. The National Highway Transportation Safety Administration estimates 262 fatalities and 115,000 injuries to children 14 and younger in non- traffic crashes each year.

The most common non-traffic, vehicular-related deaths occur from people driving or backing over pedestrians and vehicular heat stroke deaths. Non-traffic refers to events that occur off public roads or highways. Nearly 80% of non-traffic accidents involve children 15 years and younger.

People driving or backing over pedestrians account for about 64% of the non-traffic accidents including children 15 and under. Toddlers 12-23 months old account for 70% of the victims in those types of accidents. Janette Fennell, president and founder of KidsAndCars.org, associates this with what she calls the "bye-bye syndrome." Those young children don't want to be left behind by a parent or relative and often place themselves in dangerous positions around a vehicle where they cannot be seen. The exact same thing occurs when a parent returns home and the children rush out around the vehicle to greet them. Children so young do not relate the car as being a danger to them and often get too close. Younger children's height exacerbates the danger, especially when dealing with bigger vehicles, it is impossible to see what is around the car with all of its blind spots.

Continue reading "Keeping Children Safe In and Around Cars" »

Viva Stokes, 76, of Versailles, Mo was transported by ambulance to Capital Region Hospital for treatment to serious injuries she sustained in an accident that occurred on July 24th around 1:40PM on MO-52, .1 mile West of MO-135 North. Stokes was driving a 2010 Lincoln at the time of the accident. Also involved was Stacy Markes, 42, of Cole Camp, MO. Markes was flown to University Hospital in Columbia for treatment to serious injuries. Markes was driving a 1992 Oldsmobile at the time of the accident.
According to the Missouri State Highway Patrol Troop F, the accident occurred as Markes crossed the centerline and struck Stokes' vehicle head on.

Lori Holbert, 41, and her passenger Donald Holbert, 14, both of Centralia were transported to Boone County Hospital in Columbia by Monroe County Ambulance for treatment of moderate injuries they sustained in a car accident that occurred on July 23rd around 8:17PM. The location of the accident was on Route C and Route M intersection, 8 miles South of Madison. Holbert had been driving a 1997 Buick at the time of the accident. Also involved was Michael Glasson, 34, of Holliday, MO. Glasson was driving a 2001 Chevrolet at the time of the accident.
According to the Missouri State Highway Patrol Troop B, the accident occurred when Glasson failed to stop at a stop sign or to yield to Holbert causing Glasson to collide with Holbert's vehicle at the intersection.

Libbie Foeste, 30, of Sedalia, MO was transported to Truman Medical Center for treatment to serious injuries sustained from a car accident that occurred on Westbound Highway 50 at Northwest 1601 on July 19th around 2:12PM. Foeste was driving a 1999 Mazda and had two occupants at the time of the accident. In the vehicle with Foeste was a 4 year old girl and a 7 year old boy who were transported to Children's Mercy Hospital for treatment to serious injuries. Also involved in the accident was Derek Voss, 25, of Kingsville, MO. Voss was driving a 1998 Ford at the time of the accident.
According to the Missouri State Highway Patrol Troop A, the accident occurred as Voss was Southbound on Northwest 1601 Road and Foeste was Westbound on Highway 50. Foeste struck Voss after Voss had failed to stop at a stop sign.

Addie Kronk, 59, of Fulton, MO was transported by ambulance to University Hospital for treatment to serious injuries sustained in a car accident that occurred on July 22nd around 5:10PM on Route WW at County Road 350. Kronk was driving a 2005 Chrysler at the time of the accident. Also involved in the accident was Matiul Islam, 68, and his passenger Fetema Islam, 56, both of Columbia, MO. Matiul was driving a 2010 Mercedes at the time of the accident.
According to the Missouri State Highway Patrol Troop F, the accident occurred as Islam was driving to fast for conditions and failed to negotiate a curve. Islam's vehicle crossed the centerline and struck Kronk's vehicle head on.
Fetema Islam sustained serious injuries and was flown by Staff for Life to University Hospital. Matiul Islam also sustained serious injuries and was transported by ambulance to University Hospital.

Linda Bowen, 26, of Durham, MO was transported via private auto to Blessing Hospital in Quincy, IL for treatment to minor injuries following a car accident that occurred on Oak Street, 1.5 miles East of Durham. Bowen had been driving a 1996 Jeep at the time of the accident. Jason Guilfoyle, 35, of Maywood, MO was also transported via private auto to Blessing Hospital in Quincy, IL for treatment to minor injuries. Guilfoyle was driving a 2007 Toyota at the time of the accident. The accident occurred on July 11th around 3:00PM.
According to the Missouri State Highway Patrol Troop B, the accident occurred as Guilfoyle was Eastbound and Bowen was Westbound on a county gravel road and struck each other head on.

Laura Welch, 30, of Brookfield, MO was transported by Linn County Ambulance to Pershing Hospital in Brookfield for treatment to moderate injuries she sustained in an accident on Jarboe Road, 2 miles East of Brookfield. Welch was the passenger of a 2000 Chrysler Van driven by Richard Welch, 37, of Brookfield. Also involved in the accident was Scott Armstrong, 33, of Brookfield. Armstrong was driving a 1991 Ford truck at the time of the accident. The accident took place on July 18th around 4:10PM.
According to the Missouri State Highway Patrol Troop B, the accident occurred as both drivers temporarily lost visibility from dust by another uninvolved vehicle causing Armstrong's vehicle to strike Welch's from behind.

Robert Caviness, 61, of Keosauqua, IA was transported to Nevada Regional Medical Center by EMS for treatment to minor injuries sustained in an accident that occurred on US- 71, 5 miles South of Nevada. The accident took place on July 10th around 9:35AM in Vernon County. Caviness was driving a 2003 Chevrolet Trailblazer at the time of the accident. Also involved in the accident was Lacey Harmon, 22 of Shawnee, KS. Harmon sustained moderate injuries and was transported to Freeman West Hospital in Joplin by helicopter. Harmon was the occupant of a 2007 Ford Mustang that was driven by Marcus Dibben, 30, of Shawnee, KS.
According to the Missouri State Highway Patrol Troop D, the accident occurred as Dibben's vehicle struck the rear of Caviness' vehicle.

Corey Calhoun, 38, of Palmyra was transported to Blessing Hospital by private vehicle for treatment to minor injuries. Calhoun had been involved in a car accident on MO- 27 at St. Francisville, MO. The time of the accident was around 3:20PM on July 1st. Calhoun had been driving a 1999 Ford at the time of the accident. Also involved in the accident was Sandra Akers, 57, of Kahoka, MO. Akers sustained minor injuries as well and was transported to Keokuk Area Hospital by private vehicle. Akers was driving a 2000 Chevrolet at the time of the accident.

According to the Missouri State Highway Patrol Troop B, the accident occurred as Akers was headed Westbound and crossing MO-27 failed to yield and was struck in the passenger door by Calhoun.

Kayla Rodgers, 19, of Hannibal, MO was transported to Hannibal Regional Hospital by Marion County Ambulance for treatment of moderate injuries she sustained in a car crash that occurred on Veterans Road at Rt. MM in Hannibal. The time of the accident was around 11:38 on June 22nd.

According to the Missouri State Highway Patrol Troop B, the accident occurred as a 2004 Freightliner, driven by Paul Shear, 51, of Taylor, MO was headed Southbound on Veterans Road when he failed to yield to the 2001 Pontiac Grand Prix driven by Rodgers who was Eastbound. The Frieghtliner struck the Pontiac in the drivers side, both vehicles came to rest off the roadway.

David Wiederholt, 56, of Conception Junction, MO was transported by private auto to Heartland Occupational Therapy in St. Joseph for treatment to minor injuries he sustained in an accident that occurred on June 22nd around 2:02PM. Wiederholt was operating a 2003 Ford at the time of the accident. Also involved in the accident was a 14 year old girl of Maryville, MO. She sustained moderate injuries and was transported by Nodaway County Ambulance to St. Francis Hospital. The girl was an occupant of a 1999 Ford that was driven by her uncle, Steven Malson, 54, of Bedford, IA. Malson also sustained moderate injuries and was transported to St. Francis Hospital by Nodaway County Ambulance. The location of the accident was on US- 71, 5 miles Southwest of Barnard.

According to the Missouri State Highway Patrol Troop H, the accident occurred as Malson was traveling Southbound on US- 71. Wiederholt's vehicle was a MODOT pickup parked on the left shoulder of Southbound US- 71 with Amber lights activated and signs placed, providing lights and flags for mowers ahead. Malson veered off the roadway and struck the MODOT truck in the rear. After impact Malson's vehicle came to rest on its wheels facing East in the median and caught fire. The fire was extinguished by First Responders. Wiederholt's vehicle came to rest on its wheels in the driving lane of Southbound US- 71 facing Southwest.