Missouri Personal Injury Lawyer Blog

Senator Bill Stoufer of Napton has asked the Missouri state legislature to pass a bill adding comprehensive day rehabilitation services to the Medicaid program now called Missouri Healthnet. Stoufer, the husband of a brain injury victim, hopes his story will help influence the legislature to look favorably on the proposed bill.

Four years ago his wife suffered a traumatic brain injury. While she was being treated, the Stouffers got to know a high school girl who was left in a near-vegetative state for several months. With the help of early intervention and extensive rehabilitative services, she was able to get back to the point where she could function as a teenager.

Depending on the injury, a person often has to be retrained to do even the most routine things such as tying shoestrings or putting groceries into cabinets. Injured people currently get limited outpatient therapy from Missouri hospitals, but that service doesn’t last long and without the extra Medicaid funding, many families can’t afford continued rehab services that could help victims lead full, normal lives.

People like Senator Bill Stoufer are doing their best to make a difference for those who have suffered through a serious personal injury like brain trauma. However, the costs associated with the care that results from accidents that cause these injuries can be exorbitant. While it is important that our government’s social services have contingencies in place to help those without the means to pay for extended medical care, it isn’t something that a victim of an accident that results in a brain injury should count on.

Continue reading "Senator Seeks Funding to Help Brain Injury Victims" »

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On the early morning of April 29th, 2007, Jacob Hargrove’s life changed forever. A tow truck driver for Eddie’s Towing Co., Hargrove had pulled his tow truck over to help a car stalled in the gap between the inside lane and the concrete rail on Highway 40. With no warning, an SUV driven by St. Louis Cardinal relief pitcher Josh Hancock plowed into the back of Hargrove’s parked tow truck, instantly killing Hancock. An autopsy later revealed that Hancock’s blood alcohol-level was twice the legal limit at the time of the Missouri Truck Accident.

Hargrove’s attorney confirmed on Thursday May 1st that his client had settled with the ballplayer’s insurance company, State Farm Insurance. The terms of the settlement were not disclosed.

“Everyone is pleased that this is done, that it did not have to go to court,” Robert Pedroli, Hargove’s attorney said Thursday morning. “Jacob still remembers the events of that evening and he is still recognized in public because of the coverage of it… A year after the accident this helps bring a certain amount of closure.”

Truck accidents on Missouri roadways are a serious threat to the traveling public. Truck Accidents are the leading cause of death for those under the age of thirty-four (34) and over 40,000 people are killed annually in approximately five million motor vehicle accidents. In 2002 alone, nearly 43,000 people died in highway accidents nationwide. That is over 115 fatalities per day from accidents. The economic cost of these accidents is staggering and exceeds $150 billion per year. During your lifetime you are likely to be involved in at least one accident. You should know what to do in order to protect yourself and your legal rights.

Continue reading "Truck Driver Settles with Insurance Company" »

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A 6-year-old girl was hospitalized after a dog in St. Augustine, Florida attacked her. The girl was immediately rushed to the hospital and underwent four hours of surgery to treat more than 100 dog bite wounds. The young girl was on vacation and playing outside, when the dog, weighing 20 pounds more than her, attacked.

The girl's neighbor heard cries for help and came to the young girl's rescue. The neighbor was eventually able to fight off the dog, but also hurt herself in the process; the dog bit her, and she broke her toe after kicking the animal several times to stop the attack.

In such situations, it is lawful for a person to repel an attack by a dog for the purpose of defending himself/herself or third persons against harm threatened by an animal. It is important to note, however, that the law of self-defense only permits aggression for the purpose of meeting aggression. This means revenge or any action taken after an attack is over is generally unlawful. Even if an animal has previously attacked or displayed aggressive behavior, by law, self-defense is usually not deemed necessary anymore because the threat of danger is not imminent, or great enough.

If a person does intervene in a Missouri dog attack to protect another person or a pet from injury by a dog, and that person is injured, the owner of the dog will be held responsible for the injury, under the legal principle called the "rescue doctrine." The "rescue doctrine" is set forth in case law and in the statutory law of some states.

The general principle is that, where a person has negligently managed his own person, land or chattels, he is liable for the foreseeable consequences. (The word chattels is a legal term that refers to property, like a pet in this case.) A foreseeable consequence is injury to a rescuer. The court typically finds that when a person, such as the dog owner here, puts himself or others in danger, it is foreseeable that someone else will attempt to rescue those in danger, making the dog owner liable to any possible injury arising from such scenario.

Continue reading "Third Party Injuries in Missouri Dog Bite Cases" »

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The legal battle over the drowning of a Missouri child continues as the family of the boy claims the pool is liable for damages because of inadequate supervision at the swimming facility. The 6-year-old boy drowned last summer at the Swimmin' Hole, a private water park in rural Joplin, while on a field trip with the Boys & Girls Club.

Authorities ruled the death an accident, but alleged "a lack of supervision" on the part of club chaperons and the water-park employees. The parents have filed suit against the Boys & Girls Club and the water park owners.

Actions to recover for swimming-pool accidents at hotels, motels, resorts, and private or public association or club facilities generally follow standard negligence principles. This means that the swimming pool owners and chaperons in this case must have had a duty of care to the little boy, breached that duty, which resulted in injury that was directly caused by the breach of duty. The plaintiff often attempts to show that the defendant violated statutory requirements for swimming pools. According to the American Jurisprudence 2nd, in actions to recover for injury or death suffered in a swimming pool, plaintiffs can successfully establish the defendant's liability on numerous grounds.

In some cases, the defendant's failure to provide any lifeguard or other supervisory services at its pool has been found to render the defendant liable. In other cases where the defendant provided lifeguard or other supervisory services, but the plaintiff claimed they were inadequate, such as the case above, courts have split decisions, depending on the magnitude and reasonableness of the inadequacy of the supervisory services.

Continue reading "Parents File Premises Liability Suit After Son Dies At Missouri Water Park" »

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A Nixa man sustained injuries after his truck struck a cow that wandered onto the road. The Missouri Highway Patrol said the man was driving on Missouri 13 when the truck accident occurred. After the truck hit the cow, it ran off the road and struck a tree.

In the event that an animal is struck by a motor vehicle or an animal collides with a motor vehicle, the surrounding circumstances must be evaluated to determine whether or not the motorist is liable. According to the American Jurisprudence, which is an encyclopedia of United States law, §104 Animals on Highways or Streets, liability is regularly assessed by the following standards.

Typically, a motorist is not an insurer of the safety of animals on the highway. However, a motorist is generally required to exercise reasonable care to avoid injuring or killing livestock or other animals on the highway. A motorist's failure to do so makes him/her liable to the owner of an animal injured or killed.

Courts across the U.S. vary in their interpretation of fault and liability when dealing with animals on the road. In some jurisdictions, authority requires that a motorist exercise the highest degree of care toward animals on the highway. Other courts have found the motorist owes no duty, or only a duty to refrain from gross negligence, as to animals at large. The most common rule is that even a law against permitting animals to run at large, does not relieve the motorist of responsibility for negligent injury to the animals.

Finding that a motorist was negligent in a collision with an animal requires that the motorist was driving at excessive speed, failed to keep a proper lookout on the road, or failed to reduce their speed or keep a safe distance while passing an animal. However, where the driver of an automobile, in attempting to pass an animal, slows down and takes due precaution but still injures an animal, the courts generally find the driver was not negligent. Also, a Missouri auto collision between a car driven with reasonable care and an animal suddenly running onto the highway from a point where it could not have easily been seen by a driver using normal caution, is frequently regarded by the courts as an unavoidable accident. In such instance, a motorist will not be liable, unless the collision occurred while he/she was driving at excessive or unreasonable speed.

Continue reading "Man Inured In Truck vs. Animal Accident" »

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A 17-year-old girl was killed when a southbound Amtrak train hit her in Kent, Washington. The young girl was crossing the tracks while she was talking on her cell phone. Witnesses allege that the girl was simply not paying attention prior to the train accident, while she crossed the tracks.

However, cell phone usage was not the only issue at hand, as the surrounding area also made the tracks difficult to see because the tracks are surrounded by buildings and apartments, and the girl was hit at an unmarked crossing. Authorities say that this is the fifth fatality on Washington rails this year that involve unmarked railroad crossings.

Most marked railroad crossing include flashing lights and a gate, but in some remote areas, tracks may remain unmarked. It is, therefore, essential that everyone exercise caution when coming to railroad tracks of any nature, as surrounding circumstances, similar to the railroad accident above, may make it difficult to see a train.

The Federal Railroad Administration (FRA) typically uses three types of traffic controlling devices at railroad crossings to alert those nearby of a train. The following lists the three devices and details driver responsibility when approaching them:

1. A crossbuck is a type of YIELD sign: the driver should be prepared to stop at least 4.5 m (15 ft) before the near rail if necessary, unless and until the driver can make a reasonable decision that there are no trains in hazardous proximity to the crossing, and it is safe to cross.

2. Operating flashing lights have the same function as a STOP sign: a vehicle is required to stop completely at least 4.5 m (15 ft) short of the near rail. Then, even though the flashing lights may still be operating, the driver is allowed to proceed after stopping (subject to State or local laws), when safe to do so.

3. Flashing lights with lowered gates are equivalent to a red vehicular traffic signal indication: a vehicle is required to stop short of the gate and remain stopped until the gates go up.

Continue reading "17 Year Old Girl Killed Crossing Railroad Tracks" »

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In Clute, Texas a high school golf coach was badly injured after his motorcycle collided with a pickup truck. He has been listed in critical condition, suffering from head injury, broken arms, legs, ribs, and a severe foot injury. The motorcycle accident occurred when the vehicle meged onto the highway and did not see the motorcyclist resulting in a .

The motorcycle ran head-on into the driver's side of the truck, causing significant external and internal injuries. The motorcyclist was not wearing his helmet, the pickup truck driver was not injured, and neither was speeding.

Helmet safety is always an issue of debate, as some states require helmet use where others do not, and some motorcyclists claim that helmets hinder their vision and hearing capabilities. The NHTSA sponsored a study of fifty motorcyclists of various ages and riding experiences to assess the abilities of motorcyclists wearing helmets. The study tests motorcyclists' abilities:

(1) to visually detect the presence of vehicles in adjacent lanes before changing lanes, and (2) to detect traffic sounds when operating at normal highway speeds

The vision results showed that most riders recover the lateral field of view that may be lost by wearing a helmet, simply by turning their heads a little farther. Helmet use did not hamper the ability of riders to see traffic or increase the time needed to visually check for nearby traffic.

The hearing results showed there were no significant difference in riders' ability to hear the auditory signals regardless of whether they were wearing a helmet or not. At higher speeds, wind noise obviously makes hearing more difficult in general, but the helmets did not affect hearing abilities. Overall, any possible drawbacks of helmet use are severely negated by the benefits in terms of the protection offered in the event of a motorcycle accident.

Continue reading "High School Coach injured badly In Motorcycle Accident" »

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A 24-years-old woman in Longville, Louisiana was killed in her home by two family-owned pit bulls while she was sleeping. One of the pit bulls was female and one male. It was suspected by the woman's family members that she may have had a seizure while sleeping and the dogs reacted to it. The dogs bit her several times, resulting in her death; no charges are expected to be filed in this Missouri Dog Bite Case.

Pit bulls are often deemed dangerous dogs. Animal People News found that 2 breeds accounted for 71% of all dog bite-related fatalities in 2007. They were pit bulls and rottweilers. Breed is one of the most important factors in determining the dangerous tendencies of a dog; however, the study also found that biters are over six times as likely to be male than female, 2.6 times as likely to be intact than neutered, and three times as likely to be chained as unchained.

It is suggested that dangerous dog owners take certain precautions to ensure that the likelihood of a dog attack will be reduced. The following are some recommendations:

1. Spay or neuter your dog- this can decrease aggression when done at an early age. The optimal age is between 6-9 months, particularly with male dogs.

2. Socialize your dog- by introduce your dog at an early age to community parks, family and friends, busy sidewalks and other animals, the less chance it will feel threatened in new experiences and the less likely it may choose to bite.

3. Exercise your dog- all dogs require exercise, but generally the dangerous, more robust breeds require much more.

4. Train your dog- obedience training trains the owner as much as it trains the dog; lack of obedience training can prove dangerous for the community.

Continue reading "7 Precautions That Can Help Prevent Missouri Dog Attacks" »

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A $40 million medical malpractice lawsuit was filed by a Woodbury, Tennessee couple, against Middle Tennessee Medical Center, Murfreesboro Medical Clinic and their doctor. The couple alleges the negligence of those defendants, during their daughter's delivery, has caused the girl severe medical conditions.

The couple alleges their daughter, who was born at MTMC, suffers from severe brain damage, cerebral palsy, developmental delay and seizures. The $40 million request is for compensatory damages. Compensatory damages are paid to compensate a claimant for loss, injury, or harm suffered by another's breach of duty.

The suit claims, two nurses failed to follow the doctor's instructions during the girl's delivery. The two nurses were employees of MTMC. The doctor, who delivered this girl at MTMC, was separately in private practice at Murfreesboro Medical Clinic.

The couple claims the doctor was negligent and deviated from standard professional practices too. The defendants claim the couple was negligent because they failed to follow doctor's advice on multiple occasions after the child was born.

In Missouri, the following elements must be proven in a medical negligence claim:

1. Act or omission by defendant that fails to meet the requisite medical standard of care;
2. The act or omission involves negligence; and
3. A causal connection exists between the act or omission and plaintiff's injury or illness.

Continue reading "Couple Files $40 Million Lawsuit Against Medical Center" »

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A truck accident in Glenwood Springs, Colorado occurred when a semi-truck carrying a load of 38-foot steel pipes was traveling on an elevated section of the highway. The semi-truck was allegedly speeding and took a corner too fast, rolling over and causing the load of steel pipes to spill on the lanes below. The load of pipes hit another semi-truck, a pick-up truck and a sedan.

The driver of the second semi, who was hit with the pipes, and the passenger in the pick-up both died. Charges have not been decided for the driver of the initial semi; generally however, a car accident resulting from direct fault, such as speeding, is a good sign liability.

Government regulations fix speed limits to state the legal maximum speed to which is deemed reasonable and proper for a certain area, while taking into consideration other surrounding circumstances. Violations of the stated speed limit may determine liability for negligence.

Under the Corpus Juris Secundum (CJS), the basic rule of speed states that no person should drive a vehicle on the highway at a speed greater than is reasonable and prudent, nor should any person drive at a greater speed than will permit the driver to exercise proper control, to decrease speed or to stop as may be necessary to avoid a Missouri truck collision.

Further, operators of motor vehicles must exercise reasonable and ordinary care for the protection and safety of themselves and others, and have due regard for the traffic conditions under which they are driving: the failure to observe such duties constitutes evidence of negligence.

Continue reading "Two Dead In Tragic Colorado Semi Truck Accident" »

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Former St. Louis Cardinals utility player Scott Spiezio pleaded guilty April 7 to DUI and hit-and-run charges in Newport Beach, California.

The charges stem from a December single-car crash in Newport Beach, a tony Los Angeles suburb. According to the Associated Press, Spiezio crashed his car into a curb and a fence, then fled on foot to his condo complex, where he punched a neighbor. He was sentenced to three years of probation, 80 hours of community service, alcohol education and treatment, and $1,700 in restitution and fines.

The plea agreement caps off a difficult year for Spiezio, son of 1967 World Series-winning Cardinal Ed Spiezio. According to the AP, the younger Spiezio was released from his contract by the Cardinals in February, after a warrant was issued for his arrest in connection with the DUI accident. Despite having played on two World Series championship-winning teams, including the 2006 Cardinals, Spiezio agreed to a minor-league contract with the Atlanta Braves in March.

Continue reading "Drunk Driving Catches up to Cardinals Player" »

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Two St. Louis-area young women died and two more were injured after a deadly crash in the early morning hours of April 2.

One vehicle entered the St. Clair ramp in East St. Louis onto Interstates 55/70 at around 3:45 in the morning. According to the St. Louis Post-Dispatch, one driver crossed several lanes immediately upon entering the interstate, into the path of a tractor-trailer truck.

Authorities said the truck "t-boned" the passenger side of the car, killing two. Two people were injured and one reported in critical condition and one in fair condition as of April 3. The driver of the truck was not injured.

As experienced St. Louis car and truck accident lawyers, we're not surprised that the truck driver survived without serious injury. Statistics show that drivers of large trucks, including tractor-trailers like the one here, are rarely killed or seriously injured in accidents.

Continue reading "St. Louis Women Dies in Tractor-Trailer Crash" »

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Posted In: Truck Accidents

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