Missouri Personal Injury Lawyer Blog

An interstate was closed after a semi truck carrying explosives crashed near the entrance of a rest area on the Illinois/Indiana state line. The semi driver, hauling 8,500 pounds of dynamite, attempted to get off the interstate and missed the turn, running into the rest area trees. No one was hurt in the truck accident, and the dynamite remained intact and untouched.

The cause of this truck accident was likely driver error, which accounts for a great deal of truck accidents. However, many truck accident causes are out of driver control;

In this case, although the truck accident was likely due to driver error, the driver did comply with correctly securing his cargo, as mandated by the FMCSA. The dynamite remained intact and was able to withstand exploding despite the collision's impact. The FMCSA requires that cargo in commercial vehicles be firmly immobilized or secured on or within a vehicle by structures of:

1. adequate strength
2. dunnage or dunnage bags
3. shoring bars
4. tiedowns
5. or a combination of the foregoing 4

The FMCSA further regulates cargo placement and restraint in that articles that are likely to roll must be further restrained by:

1. chocks
2. wedges
3. a cradle
4. equivalent device to prevent rolling

Continue reading " Interstate Closed Following Accident Involving Truck Hauling 8,500 Pounds of Dynamite " »

Washington State is now implementing a rule aimed to curb heat-related illnesses suffered by outdoor workers during the summer. Such heat-related illnesses were regularly contributing to workers' compensation claims.

The law, which is set to begin on July 5, will require employers

1. to train employees and supervisors to be able to recognize heat-related illnesses

2. to provide extra water when temperatures reach a certain level

3. to be able to respond to heat-related illnesses and determine if medical attention should be sought

The rule was put in motion to mandate adequate workplace safety, setting out items necessary to being able to manage increasingly hot temperatures with outdoor laborers. Washington partially adopted this regulation in response to the continuous growth in workers compensation and death claims related to heat stress and heat stroke.

Workers’ Compensation laws are in place to regulate claims arising from injuries occurring during the course of employment. The law discussed above in Washington serves to expand aspects of workplace safety regulations in order to avoid the increasing claims due to heat-related illnesses suffered by employees. Important information about Missouri workplace safety regulations can be found on my Workers' Compensation website.

Continue reading " Heat-Related Illness Training, Measures to be Implemented " »

A woman died in a motorcycle accident after colliding with a deer in Ellsworth, Wisconsin. The woman was riding with her husband, who sustained only minor injuries. Investigation is pending to determine if the animal actually collided with the motorcycle and caused the accident, or if human error was to blame.

According to the Corpus Juris Secundum (CJS), a source compiling the current law from several jurisdictions, when a motor vehicle accident is caused by an animal and injuries result to the vehicle or the vehicle's occupants, courts first examine if the animal was domesticated, owned, or wild.

If the animal has an owner, the owner has a duty to care for the animal in a reasonable way and may be liable for injuries resulting from collisions with their animal. Such liability me be determined if the owner is found negligent in permitting the animal to be on or near roadways.

When dealing with wild animals, because public highways and roadways are maintained primarily by government functions, a state may be liable. However, liability generally relies on whether or not the state has provided adequate protection for roadways, including suitable guards, railings or fences to prevent wild animal access. Even if such protection is not provided, the state is not automatically liable; liability is simply questionable in such circumstances and the state may be considered in determining fault.

Continue reading " Motorcycle Strikes Deer, 1 Dead, 1 Injured " »

Seven people were injured in a one-car traffic accident near Jefferson City, Missouri. Allegedly the car ran off the left side of the road and struck an embankment. Of the seven occupants, three were not wearing seat belts; all went to the hospital.

Although this particular single car accident was not found to have occurred because of a car defect, many one-car accidents deal with cars that have defective brakes or tires.

Often times, lawsuits ensue after someone has purchased a used car with unknown defects that become apparent during an automobile accident. When a car accident occurs because of a defective used car, the car dealer's knowledge of such defect is typically assessed to determine if they could be found at fault or liable for resulting injuries.

The American Jurisprudence discusses the liability of a used car dealer for personal injuries or property damage suffered because of the dealer's sale of a defective used car.

An action to recover damages for injuries resulting from a defective used car purchased from a dealer is subject to the same basic rules generally applied in other products liability actions. Thus, such claims against used car dealers may be based on such theories as negligence, breach of warranty, strict liability, or fraud or misrepresentation. The first three theories are the most common bases for recovery, but all have been used in actions against used car dealers involving the defective condition of such items as accelerators, brakes, steering mechanisms, tires, and other parts and accessories.

Continue reading " Jefferson City Car Accident Injures 7 " »

A man was charged with a felony in Richmond, Texas after his dogs attacked a woman and killed her puppy. The man was indicted for failing to secure the dogs. The two dogs, pit bulls, were euthanized.

Pit bulls are generally classified as a dangerous dog breed with known vicious propensities. Dog bites resulting from breeds with dangerous propensities will likely result in the dog owner's liability, as courts often find the dog owner has seemingly taken on the possibility of a dangerous incident.

The pit bull classification means any pit bull terrier that is either Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier dog or any mixed breed of those. There are other breeds of dogs that are also categorized as having vicious propensities such as German shepherds, wolf-dog hybrids and Dobermans.

Because some breed are known to be dangerous, some jurisdictions also have breed-specific regulations. These dog bite laws don't deal with the conduct of a dog, they simply regulate certain activities before any conduct may take place. An example of such could be a dog bite law that requires all Rottweilers to wear a muzzle in public.

Continue reading " 2 Pit Bulls Attack Woman, Kill Puppy " »

Investigation continues in East Hartford, Connecticut after a tractor trailer driver hit a motorcyclist and fled the scene. The hit-and-run truck accident killed the motorcyclist. There were witnesses at the scene of the crash, but the truck driver has not been found.

According to the American Law Reports, in any automobile accident, most states require the driver of the vehicle to stop and identify his/herself. The driver involved in the accident is also usually required to render such assistance that would be considered reasonable or necessary. Additionally, most states make it a criminal offense to leave the scene of a motor vehicle accident without performing such acts. Meaning, the driver of a "hit and run" accident, such as the case above, will likely be liable for a civil action.

However, for a truck driver to be found criminally liable for a "hit and run" accident, it must be proven that he/she had knowledge of the injury or occurrence that caused damages. Several circumstances can be found to prove knowledge, including firm evidence such as abandoning the vehicle involved in the incident or subjective evidence such as the defendant having nervous or evasive behavior.

The general requirement of proof that the tractor trailer driver knew of the damage or injury can also be determined by relating on what the truck driver reasonably should have known, from the nature of the accident, of the resulting damage or injury of the accident, or that the circumstances were such that a reasonable person would have believed that an accident had occurred resulting in death, damage, or injury to another. An experienced attorney at a truck accident law firm will be able to determine if the knowledge requirement of a "hit and run" accident is fulfilled.

Continue reading " Motorcyclist Killed in Tractor Trailor Hit-And-Run " »

A train severed the limbs of two teenage girls in Lebanon, Maine. The two girls were sunbathing near the railroad tracks where area children often play and allegedly fell asleep on the tracks. The two were woken to the train horn, but did not move in time and suffered severe leg and foot injuries.

Railroad accidents often occur due to trespass on railroad property, such as the scenario above, and railroads are generally not found liable for resulting injuries. However railroads may be found liable in other incidents, such as when employees of railroads are injured in a railroad accident or in general throughout the course of employment.

Railroad employees injured in the workplace or as a result of a train accident are responsible under FELA, the Federal Employees Liability Act, to prove their employer was at fault for their suffered injuries. By proving fault, the railroad will be liable for the damages suffered. If you want to know more about FELA or see some frequently asked questions in regards to FELA, visit my railroad accident website.

Continue reading " 2 Teenagers Struck by Train " »

An accident involving a car and a tractor trailer in Kansas City, Mo ended with one fatality. The accident occurred after the driver of the car rear-ended the tractor trailer with such force that the car ended up several feet under the trailer, and the roof of the car peeled off. The driver of the car died at the hospital.

For more information about collisions involving cars and tractor trailers, visit my tractor trailer collision website.

Rear impact collisions, such as the crash above, are generally the most frequent type of accident; however the injuries that occur from such are typically not fatal. The severity of the injuries resulting from a rear-impact collision can vary greatly as several factors may contribute to the damages, including bumper strength and speed of the driver. Additional information about injuries commonly suffered in tractor trailer accidents as well as accident statistics can be found on my tractor trailer accident website.

Tractor trailer accidents continue to rise in number every year, and typically passenger vehicles are damaged and their passengers are injured in such accidents. If you or a loved one are involved in a tractor trailer crash, it is important that you understand the laws that govern such accidents and seek timely legal assistance. Visit my tractor trailer accident website to find more information about Missouri trucking laws.

Continue reading " Driver Killed When Car Rear-Ended Tractor Trailer " »

A boat in Belvedere Bay in Lake St. Clair crashed into a barge, killing three.

The 120 foot barge had lights on it and was being used for a nearby dredging project. Since the incident, the barge has been moved and tests concerning the boat's speed and if the driver had been drinking at the time of the barge crash are still pending.

When determining liability in a case such as that above, it is important to consider all factors involved in the scene, even those that may indirectly contribute to the accident. In the foregoing case the pending investigation dealing with the boaters speed and alcohol consumption could greatly impact determining liability, as well as the barge's location.

If the boat operator were found to have been intoxicated, fault may be determined on such information, possibly making him liable for damages. However the barge owners could also be found liable. Although the barge owners did not necessarily act in violation of the law, ultimately their barge placement would need to be evaluated to determine if they are liable in this accident at all. For instance, if the barge were in an area known to be heavy with pleasure boat traffic, a court may find that such barge placement should have been avoided by a reasonable person.

Continue reading " Barge, Boat Collision Kills 3 " »

After man died in a steam pipe explosion while working at Duke University, concerns over workplace safety conditions are coming about. The man was working in the basement of a research building when a steam line exploded and killed him.

Before the man died, he told his family about how his supervisors often told him to "patch things" instead of taking on more thorough and costly repairs for the buildings. The family believes that some of the steam systems should have been replaced and that the workplace conditions were unsafe, possibly causing the man's death.

The Occupational Health and Safety Act(OHSA) of 1970 mandates safe workplace conditions. The basic premise behind workplace safety requirements is that employees should always be provided reasonably safe working conditions that are free from hazards. Workplace safety issues are often brought about when dealing with Missouri personal injury claims, workers compensation claims, as well as wrongful death claims, as the case above may result in.

Under the American Jurisprudence section on employment, the duty of an employer to provide safe workplace conditions is discussed. The duty is set out through several requirements but basically just states that an employer needs to provide employees with a safe workplace environment by following certain mandated health guidelines.

Further, if an employer fails to comply with the duty to provide safe and healthy work conditions, and a worker is injured in the course of employment from the employers neglect, the employer will likely be found liable. An experienced personal injury attorney will be able to help determine if a viable case exists.

Continue reading " Duke University Employee Dies In Steam Pipe Explosion " »

A large truck accident involving three 18-wheeler semi trucks and a small pickup truck occurred in Texas after one large truck crossed the centerline of the highway and hit two other 1semi trucks. The pickup truck was following the two big rigs and collided into them. Three of the trucks burst into flames. The alleged cause was a truck tire blowout.

Tire blowouts typically occur from impact damage or from overloading a vehicle, but the type of tire may also contribute to blowout truck accidents. According to Michelin, about 535 deaths and over 23,000 collisions per year occur because of a tire blowout. The Federal Motor Carrier Safety Administration (FMCSA) is a federal agency that implements several tractor trailer regulations to avoid varying safety standards in the industry and includes tire regulations.

The FMCSA tire regulations set-out specific guidelines necessary to maintain safe tire conditions to avoid truck accidents such as that above. One of the general requirements is that each vehicle must be equipped with a tire pressure monitoring system that meets FMCSA conditions specified. As an experienced Missouri personal injury lawyer, I will be able to put together a team of experts needed to prove your semi truck accident case.

The tire pressure monitoring system (TPMS) must:

(a) Illuminate a low tire pressure warning telltale not more than 20 minutes after the inflation pressure in one or more of the vehicle's tires, up to a total of four tires, is equal to or less than either the pressure 25 percent below the vehicle manufacturer's recommended cold inflation pressure, or the pressure specified in the 3rd column of Table 1 of this standard for the corresponding type of tire, whichever is higher;

(b) Continue to illuminate the low tire pressure warning telltale as long as the pressure in any of the vehicle's tires is equal to or less than the pressure specified in previous regulations, and the ignition locking system is in the "On" ("Run") position, whether or not the engine is running, or until manually reset in accordance with the vehicle manufacturer's instructions.

Continue reading " 4 Trucks In Accident After Highway Tire Blowout " »

In New Orleans a federal judge recently awarded a former ship worker almost $6 million after a chemical solution burst from a hose while he was working on the ship and caused his personal injury. Over 45 percent of the man's body was burned due to the boat accident , and he was held in a burn center for a month.

This personal injury admiralty lawsuit involved the Jones Act. The Jones Act allows sea-based employees to be compensated for mishaps occurring from employer negligence. The Jones Act primarily intends to protect those working on ships from unsafe conditions and allows injured seamen to collect "total damages" for injuries resulting from such, including lost wages and pain and suffering. Under current admiralty/ maritime law, negligence under the Jones Act is:

"the failure to exercise the degree of care which an ordinary prudent person would use under the circumstances in discharging the duty that he owes to those who work on a vessel."

Proving an employer's negligence involves at least showing the employer should have reasonably anticipated the danger of bodily injury to a member of the crew. An experienced Missouri personal injury attorney will be able explain this in further detail during a free initial consultation.

In the foregoing case, the court found that the corporation should have known or anticipated bodily injury from chemicals aboard the ship; the corporation admitted liability and recognized they breached a duty owed to their employees.

Continue reading " Ship Worker Awarded $6 million After Shipyard Personal Injury " »

A driver was flown by helicopter to a hospital after being injured in a three-vehicle collision involving a tractor trailer in Pennsylvania. As the injured woman's car allegedly changed from the left to right lane, it was hit from behind by a Fed-Ex box truck and then hit the back of a tractor trailer. The woman's car was smashed in between both vehicles, and she was left pinned in between them.

The FMCSA implements rear impact guard standards and rear end protection for commercial vehicles, like tractor trailers, to avoid the serious injuries that may occur when a tractor trailer is rear-ended, such as the accident above.

The FMCSA §393.86 sets out the regulations for rear impact guards and rear end protection. General requirements for trailers and semitrailers are that each trailer and semitrailer (with a gross vehicle weight rating of 10,000 pounds or more) must be equipped with a rear impact guard that meets the requirements of Federal Motor Vehicle Safety Standard, regulating the following items:

a. Impact guard width;
b. Guard height;
c. Guard rear surface;
d. Cross-sectional vertical height; and
e. Certification and labeling requirements for rear impact protection guards, which are
1. The impact guard manufacturer's name and address;
2. The statement "Manufactured in ____" (inserting the month and year that the guard was manufactured); and,
3. The letters "DOT", constituting a certification by the guard manufacturer that the guard conforms to all requirements.

Continue reading " Three Vehicle Tractor Trailer Collision Critically Injures Woman " »

After a man was killed in a nursing home fire, his family member filed an elder abuse wrongful-death lawsuit claiming the facility lacked adequate fire prevention systems and the power to deal with an emergency situation.

The suit claims the defendants didn't have an operable sprinkler system, fire extinguishers, smoke detectors and alarms. The facility's staff also allegedly did not follow proper procedures when dealing with the fire.

This situation likely also involves elements of a nursing home and elder abuse case, as the staff allegedly did not follow proper procedures. Nursing home and elder abuse is actionable when a nursing home patient is not given proper care and suffers injuries or death from such neglect. By visiting, you will find more information about nursing home abuse.

Generally to prove a cause of action against a nursing home for injury or death of a patient the following need to be established:

1. the existence of a duty owed by the nursing home to the patient;
2. the standard of care applicable to the nursing home governing its care and treatment of the patient;
3. the nursing home's breach of duty to the patient by failure to adhere to the applicable standard of care;
4. injury to or death of the patient; and
5. a proximate causal relationship between the nursing home's breach of duty and the patient's injury or death

Continue reading " Elder Abuse Wrongful Death Claim Filed " »

A 15-year-old girl died after an Amtrak train struck her 2003 Chevrolet Trailblazer in Rio Vista, Texas. The Amtrak Texas train accident occurred after the young girl drove around the crossing arm, and was struck by the oncoming train; she died at the scene.

In a railroad accident such as this, the girl could be found at fault for driving around the railroad warning signs, placing herself in danger; meaning the railroad may likely not be found liable, or may be found to have reduced liability. However, investigation would need to take place to ultimately determine fault.

When faced with a railroad accident, sometimes fault may be difficult to discern and you need to know what steps to take in order to protect yourself and your rights. By visiting the railroad accident website of attorneys at Page//Cagle, you will be able to find an explanation of railroad accidents and find information about how to handle them and the injuries arising from them.

In 2007 there were 2,593 railroad accidents nationwide, and up to February of 2008, there have been 388 accidents, meaning caution around railroads is crucial- especially because trains are difficult to slow down, so preventing injurious situations is difficult.

According to the Federal Railroad Safety Administration (FRA), trespassing onto railroad property, such as the accident above, is a main cause of personal injuries resulting from railroad accidents.

Continue reading " Young Girl Killed in Texas Train Accident " »

A woman died in a big rig accident on I-70 just east of Providence near a construction zone. According to a news report on ABC News’ Web site, a 61-year-old woman died after she reportedly rear-ended a semi truck. Eyewitnesses told the television station that she was driving at 60 miles an hour when her truck rammed into the back of the semi without braking at all.

The woman was reportedly pronounced dead at the scene. The driver of the semi had no injuries and the driver of a third vehicle suffered minor injuries after he swerved to miss the accident and got stuck between the semi and a concrete wall.

According to a man who saw the incident, the front end of the woman’s vehicle went underneath the semi and a trailer it was pulling went up in the air and then slammed back to the ground, the news report said.

This truck accident appears to have been an “underride accident,” which means the passenger vehicle that collided with the semi ran under the truck. This type of accident can be deadly to the occupants of passenger vehicles because when the vehicle goes under the truck, the roof of the vehicle can get sheared off, killing the occupants.

Continue reading " Fulton Woman Killed In Semi Truck Accident in Construction Zone " »

A mid-Missouri man died in a Monroe County train accident, according to a report on ABC News Website. The man was hit by a train when his car got stuck on the tracks. The incident reportedly occurred at a railway crossing in Madison. The news report states that the train struck the man’s car and then pushed it along the tracks for half a mile before being able to come to a stop. A passenger in the car was taken to the hospital with serious injuries, the report said.

Train accidents almost always result in major injuries or fatalities because of the size and weight of the train and the speed at which trains usually travel. A majority of the train accidents in the United States occur at railroad crossings. According to the Federal Railroad Administration, there are about 3,000 train accidents in the United States every year. These train accidents result in brain injuries, spinal cord injuries, paralysis and death. About one-third of these accidents result in death.

Why do these railroad accidents, injuries and deaths occur? The National Transportation Safety Board (NTSB) reports that almost 80 percent of all public railroad crossings don’t have lights or safety gates. In the case above, we don’t know if that was the case. He could have been trying to “beat the train” and make it across the tracks. But the possibility exists that there were no lights or safety gates at that railway, which would have stopped the car from approaching the crossing and prevented him from getting stuck on the tracks.

Continue reading " 1 Dead, 1 Seriously Injured In Missouri Train Accident " »

Two women were hospitalized after suffering from E. coli infections that were allegedly caused by lettuce at a Wendy's fast food chain. Lawsuits were filed against Wendy's International in Salt Lake City federal court, seeking damages in an unspecified amount.

E. coli, Escherichia coli, is a bacteria found in the human digestive tract that is normally harmless; however, some strains are linked to food poisoning and are serious, causing fatal blood poisoning and other deadly illnesses. In the United States, E. coli is the leading cause of foodborne illness.

When a consumer is affected by food poisoning and seeks to hold accountable a restaurant operator for injuries, such as the case above, the consumer is required to prove that the food contained a deleterious substance, which, when consumed, caused the illness; recovery will generally be denied in the absence of such proof.

So, the basis of a legal action for proof of food poisoning encompasses two major issues, the identity of the organism that caused the plaintiff's illness and the establishment of a causal connection between the defendant's food and the plaintiff's illness.

However, when dealing with food it is often difficult or even impossible to prove both that a person suffered from food poisoning, and that the poisoning came from a particular source. There are few clear-cut distinctions between food borne illnesses and other disease processes. So, to establish a claim, there must be evidence that a particular food, or at least some item among a reasonably small group of foods, was unwholesome. A mere showing that a person became sick subsequent to eating food is insufficient.

Therefore, to prove food poisoning with some degree of certainty, one would need to identify the specific organism in the patient and in a particular food or location. More frequently, there is some degree of doubt in cases, because extensive lab work is not always done to identify the exact cause of the patient's illness, or because the source of the organism is not identified. For example, several persons may become ill from the same organism, apparently contracted from one restaurant, yet that organism may not be found when the kitchen and its personnel are examined. In such instances, courts may allow some speculative evidence that is reasonably related to help prove the organism or source.

Continue reading " Women Allegedly Suffer From E.Coli After Eating At Wendy's " »

A woman was fatally injured after her vehicle collided with a tractor-trailer in Columbus, Ohio. The woman was ejected from her vehicle because she was not wearing a seatbelt. She was survived by her 5-year-old child, who was also in the car and was found in fair condition. The son was wearing his seatbelt.

Allegedly the woman was driving southbound when, for unknown reasons, she went left of centerline and was struck head-on by a tractor-trailer that was heading northbound. The truck allegedly attempted to avoid the accident, but was unable to swerve out of the way.

This scenario shows the vast difference that wearing a seatbelt can make in a car accident. In Missouri, car seat safety laws require children under age four and under 40 pounds to ride in a federally approved child car seat that is appropriate for the child's age and size. Missouri truck accident attorneys will tell you they see the same scenario time and time again. Children ages 4 through 7 who weigh more than 40 pounds but less than 80 pounds or are not at least 4'9" tall must ride in an appropriate child car seat or booster seat. Children ages 8 to 18 must wear a seat belt.

Missouri law also mandates seat belt use and currently has a secondary safety belt law. This means that if you are pulled over for another offense, such as speeding or having a broken tail light, the officer can give you an additional fine for not wearing your seatbelt. However unlike some states have primary seat belt laws, not wearing your seatbelt is not reason enough to pull you over.

Seat belts are also important in terms of liability because when someone is wearing a seatbelt and still suffers injuries that should have been prevented by such use, courts may look at the seatbelt itself to determine if it was faulty or otherwise deficient and perhaps contributed to the damages. In this case, seat belt use could lead to a product liability suit.

Continue reading " Woman Dies in Tractor-Trailer Accident " »