Missouri Injury Lawyers Blog

The law firm of Tatlow, Gump, Faiella and Wheelan, LLC, of Moberly, Missouri congratulates Chris Faiella for again being recognized by Missouri Lawyers Weekly in their list of Top Verdicts & Settlements of 2009.

The $2.5 million settlement was reached for the family of a Moberly woman who was killed in a head-on collision on Missouri Route 22 near Centralia, Missouri, on June 9, 2008. The decedent had been driving to Centralia with her sister and adult daughter when the other driver, an employee of Ozark Kenworth, allegedly reached for his cell phone and swerved across the centerline and struck their vehicle. The two sisters were declared dead at the scene, and the daughter sustained serious personal injuries. The adult daughter, who is mentally disabled, received full care from her mother before the accident. The case, Williams, et al v. Ozark Kenworth, Inc., and Jeffrey Schuermann, Case No. 08-0417-CV-W-DGK was filed in the U.S. District Court for the Western District of Missouri.

Chris Faiella focuses his practice on serious personal injury and its tragic consequences including wrongful death, insurance coverage disputes, bad faith and product liability.

In a case handed down last week, the Missouri Supreme Court sent a clear message to the insurance company defendant--that the insurance company is responsible for using clear, unambiguous language in their insurance policies. If the insurance company fails to use language that an ordinary person of average abilities would understand, then any ambiguity is construed in favor of the person who is insured under the policy. The case is Burns v. Smith and Farmers Alliance Mutual Insurance Company of Kansas, (Mo banc SC90041, Jan. 26, 2010)

Eric Burns recovered a judgment in excess of $2 million against Lynn Smith for damages he received when a weld that Mr. Smith had placed on a cement mixer failed, causing the truck to explode and seriously injure its driver, Mr. Burns. Mr. Smith was insured under a policy of insurance issued by Farmers Alliance Mutual Insurance Company. Farmers denied coverage, claiming that language contained within a policy exclusion for "business pursuits" precluded insurance coverage under the policy. Although the insurance company argued strongly that the word "and" sometimes means "or" and should be read that way in their policy, the Supreme Court wasn't persuaded. In a 7-0 ruling, the court stated that at best, accepting Farmers' argument would mean only that the use of the word "and" is sometimes ambiguous and was in this case.

It is well settled Missouri law that any such ambiguity must be construed against the insurance company.

Continue reading "Missouri Supreme Court Continues to Hold Insurance Company Responsible for Clear Policy Language" »

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.

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 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.

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!" »

A New Boston, Missouri man died from injuries he sustained in a Linn County accident on November 8, 2009 near Browning, Missouri. At 2:10 p.m., Eddie Whitlock, 59 of Saint Paul, Missouri was driving a 1981 International Grain Truck. He backed out into the roadway on Route O, 8 miles east of Browning, when Shane Lumsden, 36 of New Boston, struck him in the rear with his 1974 Chevrolet Grain Truck.

Lumsden was pronounced dead at the scene by Linn County Coroner, Kenny Creason. He was taken to Wright Baker Hill Funeral Home in Brookfield.

The Missouri State Highway Patrol investigated the accident. They were assisted by Browning First Responders, Sullivan County Ambulance, and Milan Fire Department.

On October 13, 2009 at approximately 1:35 p.m. an accident involving a 1996 International tractor-trailer and a 1994 Ford F150 truck occurred in Wayne County, Missouri. The Missouri State Highway Patrol reported that Russell Wilson, 69 of Piedmont, Missouri was driving westbound on Missouri Route 34 near Highway 67 when he braked to avoid a vehicle parked on the shoulder. The trailer came around into the eastbound lane and struck the Ford driven by Johnny Weston, 39 of Clubb, Missouri.

Johnny and Karen Weston sustained serious injuries while Angela Weston, 20 and Johnny Weston, 19 sustained minor injuries. All four Westons were transferred via ambulance to the Poplar Bluff Regional Medical Center for treatment of their injuries.

As we look back at the terrible events of September 11, 2001, we are painfully aware of how quickly our circumstances can change. Even in Mid-Missouri, our peaceful, secure lives can be turned upside down through events and actions over which we have little or no control. Unfortunately, it doesn't take an act of terrorism for this to occur.

Accidents occur without warning. A driver is inattentive and causes serious injury or death. Safety measures are ignored at work, and the breadwinner of the family is no longer able to work.

Are you and your family protected financially if disaster occurs? It is imperative that you carry the right types of insurance and adequate amounts of coverage to protect your loved ones in the event you are seriously injured or killed. Remember, the person who causes your injury may not have adequate insurance to pay for your damages. It is equally important to carry sufficient liability coverage to protect your assets in the event you cause injury to another person.

Many people are confused about the types of insurance coverage needed or how much insurance they might need. In future posts, I will attempt to shed some light on the various insurance coverages available.

Continue reading "Adequate Insurance for Financial Catastrophe" »

On August 29, 2009, the Missouri Highway Patrol reported the collision of two Freightliner Dump Trucks on Highway 24, four miles East of Moberly, Missouri in Randolph County. The accident apparently occurred as the Eastbound driver attempted to avoid a collision with a vehicle that had pulled into its path. The Eastbound driver lost control of his vehicle, crossed the center line and struck the Westbound Freightliner dump truck. Authorities closed the highway for a period of time while rescue workers and medical personnel tended to the injured drivers and cleared the wreckage.

Commercial vehicles, large trucks and construction equipment often co-exist on highways that are occupied primarily by small passenger vehicles. Not only do commercial truck drivers need to be aware of the special circumstances presented by the large vehicles they are driving, but other drivers on the road also need to use caution in their presence. Driving errors that may be insignificant and without consequence where small vehicles are concerned can result in catastrophe when a large truck is involved.

Some accidents occur because of a driver of a passenger vehicle's ignorance of a truck's performance capabilities, including limits associated with acceleration, braking, and visibility. Some examples of unsafe driving that often cause accidents are changing lanes abruptly in front of a truck; merging improperly into traffic causing a truck to maneuver or brake suddenly; or driving in the areas behind and beside a commercial truck where the truck driver has limited visibility.

While there are many skilled and patient commercial truck drivers, there are dangers inherent in the operation of large commercial vehicles. It is imperative that the drivers of large vehicles have adequate training regarding driving techniques, safety, and defensive driving. Driver fatigue and improper or inadequate vehicle maintenance are also common causes of trucking accidents.

Continue reading "Two Dump Trucks Collide on Missouri Highway 24" »

In 1997, the Missouri State Highway Patrol created the Major Crash Investigation Unit (MCIU). Currently, the Highway Patrol has twelve officers assigned to four Major Crash Investigation Units, located strategically throughout the state. The primary mission of the MCIU is to investigate and provide detailed reporting of serious crashes involving multiple fatalities, commercial motor vehicles and crashes resulting in felony criminal charges. The crash teams also assist other law enforcement agencies with serious traffic crash investigations and critical crime scene mapping. The teams utilize Total Station technology, which allows for the accurate and fair depiction of a crash or critical crime scene diagrammed to scale. Each officer is trained in the human, mechanical and environmental factors of traffic crash investigation. They are considered court experts in the field of traffic crash investigation.

Victims of serious injury and their families often do not know of the existence of these very valuable total reconstruction reports prepared in certain cases by the Missouri State Highway Patrol. These reports completely detail the scene, and the crash team is usually on the site immediately. It is very important for this team to document the debris, gouge marks and other physical information. By the time injured parties have recovered enough to consider their options of recovery, in many cases, the physical evidence is gone and sometimes the road has even been changed.

These reports are available from the Highway Patrol, usually within six weeks of the date of the accident, and may be obtained together with all photographs taken by the investigation team at a very nominal cost.

Large trucks account for only 3% of the registered vehicles on America's roads and are primarily engaged in moving goods and services on our highways. Unfortunately, the trucking industry and its lobby regularly try to avoid safer driving practices because they want to keep profits high and costs low. The toll of this behavior is extremely high and is counted in broken bodies and lives.

About 5,000 fatal tractor trailer accidents occur each year in the United States. According to the National Highway Traffic Safety Administration (NHTSA), 1 out of every 9 fatal accidents involves a tractor trailer. Missouri experienced more than 800 fatalities in 2008.

Of those killed in a tractor trailer accident, 76% were occupants of another vehicle, 9% were non-occupants, and 15% were occupants of the tractor trailer. This just goes to show that in a large truck accident, the victim is usually the driver of the smaller vehicle.
The fatality rate for tractor trailer accidents is nearly double that of passenger vehicles.
Over 440,000 accidents occur each year as a result of large truck accidents.
In about half of all fatal truck accidents, both the truck and the other vehicle were traveling in a straight line - no turns or curves in the road influenced the accident.
Most fatal truck accidents - 67% - happen during the daytime, and 61% of fatal truck accidents happen in rural areas. For more information on the danger heavy trucks pose visit National Highway Traffic Safety Administration.