Missouri Personal Injury Lawyer Blog

The number of deaths caused by railroad accidents has held steady in Missouri since 2008, after peaking in that year. According to the Federal Railroad Administration Office of Safety Analysis, 20 people died in Missouri train accidents in 2008 and again in 2009, up from 12 deaths in 2007. Four people were involved in fatal train accidents in the first quarter of 2010.

The number of train-car accidents also decreased in 2009. In that year, Missouri saw 39 train-car collisions, down from 46 in 2008. Eight of the train-car accidents in 2009 were fatal, while ten of the 2008 train-car accidents were fatal. Both 2008 and 2009 saw 17 injuries in train-car accidents, which was less than the 26 injuries recorded in 2007.

People entering the railroad right-of-way on foot without permission saw the most dramatic increases in deaths and injuries over the past three years. The number of trespasser deaths jumped from five in 2007 to nine in 2008 and to 12 in 2009. Meanwhile, the number of railroad trespasser injuries in Missouri dipped slightly from nine in 2007 down to five in 2008, but rebounded to nine injuries in 2009. Since the beginning of 2010, one trespasser has been injured on a Missouri railroad and two have been killed.

Trains pose a significant threat to both pedestrians and motorists. The considerable size and weight of a train leaves an unprotected person and their vehicle at risk for serious injury, damage, and even death. If you or a loved one has been injured or killed in a Missouri train accident, please don't hesitate to contact the experienced legal team at Page Law. Our personal injury attorneys in St. Louis will help you seek the compensation you deserve. Call Page Law today at (314) 322-8515 for a free consultation.

ATV accidents in Missouri are on the rise, particularly in the summer months. A ksmu.org story mentions that local health care workers have reported seeing an increasing number of ATV accident victims in recent months and years.

The U.S. Consumer Product Safety Commission has a number of recommendations to keep ATV riders safe this summer:

• Take a course. The Commission recommends that ATV drivers take a formal safety course. Course attendance has been shown to reduce the chance of accidents.


• Wear a helmet and proper attire. Missouri law requires those under 18 to wear a helmet at all times on an ATV. Wear a helmet that is certified by the U.S. Department of Transportation or the Snell Memorial Foundation. Avoid sandals and shorts. Instead, wear boots, pants, long-sleeved shirts and gloves to protect against cuts or other injuries to the skin.


• Avoid paved roads. Missouri has laws that restrict the use of ATVs on public roads, but many accidents still occur on paved public roads. ATVs are difficult to control on paved roads and collisions with other vehicles can be dangerous.


• Don’t let children ride. Children should not be permitted to ride on or drive an adult ATV. Children are involved in a third of all ATV deaths and E.R. visits.


• No passengers. Don’t drive ATVs with a passenger or ride as a passenger. The majority of ATVs were designed to carry only one passenger. Additional passengers make the ATV more difficult to control.

Stay safe this summer. If you have been injured in a St. Louis ATV accident as a result of someone else’s negligence, or because of a defective ATV, contact the Missouri personal injury attorneys at Page Law today at 314-322-8515 for a free consultation.

The U.S. House of Representatives passed new food safety legislation last year and the Senate is expected to pass a different version this summer, a CNC News article reports.

There are 76 million cases of foodborne illness each year, killing 5,000 and sending 300,000 to the hospital. Almost 60 percent of U.S. food manufacturers have gone over five years without a federal inspection.

The FDA is responsible for oversight of 80 percent of the U.S.’s food supply. According to the Institute of Medicine, the FDA should better apportion its resources. The Institute of Medicine recommended that national food safety standards be adopted. The Institute also suggested that the FDA focus on the foods that have the highest danger of carrying foodborne illnesses.

The Senate bill gives the federal government the authority to order food recalls. It also gives the FDA expanded access to food manufacturers’ records, expands food facility inspections, gives the FDA the authority to set new standards for product safety, and imposes stricter standards for imported food. Currently, only a small fraction of imported food is inspected.

Although America’s food supply has gradually become safer over the last few decades, foodborne illnesses are constantly developing and changing. Foodborne illness in Missouri can result in a wide range of problems, from vomiting and fever to death. If you have contracted a foodborne illness due to a contaminated food product, you may have a potential claim for compensation. The St. Louis foodborne illness attorneys at Page Law can help you recover compensation for medical expenses, pain and suffering, and lost wages. Contact Page Law today for a free consultation by calling 314-322-8515.

ABC news affiliate KMBC reported recently that police are still searching for a teenage driver who hit a pedestrian and then fled the scene. The pedestrian was struck in a parking lot at 6900 West 135th Street in Overland Park, Kansas. The accident occurred on Saturday, June 12. Luckily, the pedestrian's injuries were minor.

The pedestrian described the driver as a teenage male, possibly 16 or 17 years of age, driving a light blue Ford Mustang Coupe with chrome wheels. The car is described as a fairly recent model, from the 2005 to 2007 model years. A passenger in the car met the same general description as the driver.

Police encourage anyone with information about the hit-and-run accident to call the Crime Stoppers TIPS Hotline at 816-474-TIPS.

Hit-and-run auto accidents occur throughout the United States, putting the lives of innocent pedestrians, motorcyclists, and other vehicle occupants in danger. Parking lots can be an especially dangerous place for pedestrians. The lack of traffic signals and other tools to guide driver behavior often makes drivers believe parking lots may be driven through freely, with little attention to other cars and people in the area. Although pedestrians are not hit as frequently by a vehicle as vehicles hit one another, the consequences to an unprotected pedestrian can be even more devastating: in 2006, 76 pedestrians died after being struck by cars in Missouri alone.

Continue reading " Overland Park Pedestrian Injured in Hit-and-Run Accident " »

The Missouri Department of Labor and Industrial Relations discovered a huge increase in MO workers’ compensation claims and unemployment claims due to stress in the office. According to The Kansas City Star, the number of claims went from 265 in 2008 to 326 in 2009.

With the economic recession lingering, resulting in fewer alternative jobs for employees, increasing workloads, and sometimes decreased pay, office stress is at an all-time high. How can you combat office stress in Missouri?

First, don’t disregard stress. Stress can trigger a wide range of physical problems, from headaches to heart attacks. If you are experiencing stress in the workplace, identify your stress level and causes of stress, then try these top four techniques:

1. Exercise. Exercise is a great stress reliever. If hitting a gym isn’t possible, try taking a walk around the office every hour or two. Take a walk on your lunch break or take the stairs instead of the elevator whenever the chance arises.


2. Breathe. Try stepping away from the computer and taking deep breaths.
   Make a list. Making a detailed list of everything on your plate at the office can keep your mind from racing and lower your stress level.


3. Laugh out loud. Laughter is a great stress reliever. Keep humorous material to read on your lunch break or trade stories with a favorite coworker.


4. Attend a seminar. The Missouri DOL offers seminars on deterring cubicle stress.

If you have recently left a job due to stress, you could have a potential worker’s compensation claim. Contact a knowledgeable Missouri workers’ compensation attorney today. The lawyers at Page Law are waiting to help you with your claim. Call them today at 314-322-8515 for a free consultation.

The Consumer Product Safety Commission (CPSC) recently announced the recall of 1.7million dishwashers made by Whirlpool's Maytag unit, according to a KMBC article. The dishwashers are being recalled because electrical failures may occur in the dishwasher's heating element. The CPSC has received twelve complaints that such electrical failures caused household fires, with one of the fires causing extensive damage. So far, no injuries have been reported.

The CPSC recommends that owners of the recalled dishwashers disconnect the electrical supply to the dishwasher by shutting off the fuse or circuit breaker connected to the machine. The agency also recommends that owners immediately stop using the dishwasher and do not resume use it until it is repaired or replaced. Dishwasher owners can schedule a free in-home repair or opt to receive a rebate worth $150 to $250 toward the price of a new dishwasher.

The recall includes the brands Maytag, Amana, Jenn-Air, Admiral, Magic Chef, Performa by Maytag and Crosley. The dishwashers have plastic tubs and black, bisque, white, silver, or stainless steel front panels. They were sold between February 2006 and April 2010 at various department stores and appliance stores, for about $250 to $900 apiece.

Whirlpool has allocated $75 million to cover the costs of this recall. The company was involved in a similar recall in March 2009, when it recalled 1.6 million Maytag refrigerators for fire risk. Whirlpool purchased Maytag in March 2006 for $1.8 billion.

Manufacturers of household appliances have a duty to design and manufacture appliances that are reasonably safe and do not pose risks of injury or death to household members. If you or a loved one has been injured due to a defective product in St. Louis, the manufacturer may be held liable. You may be able to recover the cost of the defective item, medical expenses, missed time from work, and other associated damages. The dedicated St. Louis personal injury attorneys at Page Law are ready to help. Call 314-322-8515 today to schedule a free consultation.

Congress is considering amending or repealing the 90-year-old Death on the High Seas Act after the deaths of 11 workers on the Deepwater Horizon oil rig, according to a recent report by KMBC. The antiquated law limits the amount of money families can recover if a loved one is lost or killed more than three miles offshore.

The House Energy and Commerce Committee said that the oil rig explosion, which has lead to a massive oil spill in the Gulf of Mexico, demonstrated the need to revise the 1920 law. "One way we can hurt BP is to make sure that 'BP' stands for 'Bills Paid,' that the money for families, the money to clean up the Gulf comes out of their pocket, and that we repeal the Death on the High Seas Act," said Rep. Edward Markey, D-Mass.

Family members of the 11 workers who were lost in the explosion testified before the Energy and Commerce Committee, urging repeal of the law. The widows of several of the workers explained how the law unfairly limited the amount of damages they could seek for the wrongful deaths of their husbands. Although no amount of money can replace their loved one, the wives noted that a repeal of the Death on the High Seas Act would bring them closer to justice.
It is unclear at this time whether or not Congress will make an amendment or a repeal retroactive to cover the Deepwater Horizon accident.

The loss of a loved one due to an employer's negligence is devastating to family members left behind. When workplace deaths occur in Missouri, navigating the complex and often confusing legal system is easier with the help of an experienced Missouri wrongful death attorney. The experienced attorneys at Page Law will help you hold negligent parties responsible for their action. Call Page Law today at 314-322-8515 for a free and confidential case evaluation.

According to the Missouri State Highway Patrol and the Missouri State Traffic Accident Report System (STARS), holidays can be a dangerous time to drive in Missouri. The Missouri State Highway Patrol notes that between 2003 and 2007, every 6.7 hours, a motorist died in a traffic accident during the holidays, which is up from one every 7.7 hours during non-holiday driving.

The summer holidays of Memorial Day, the Fourth of July, and Labor Day are among the most dangerous for Missouri roadways. For the five-year period between 2003 and 2007, a total of 197 people were killed and 8,554 were injured on these three holidays combined. On average, the Missouri State Highway Patrol estimates that one person was injured or killed every 8.6 minutes during each of the three summer holidays, compared to one every 10.5 minutes during the winter holidays.

The Missouri State Highway Patrol attributes this increase in traffic accidents to a number of factors. First, traffic increases during the summer holidays, placing more motorists on the roads. Motorists are also likely to leave for their holiday after a full day of work, when many are too tired to pay proper attention to the road. Alcohol consumption increases during the holidays as well, creating more intoxicated drivers and pedestrians.

It pays to drive carefully, especially on holidays. No matter how carefully you drive, however, you may be involved in an accident with a driver who wasn't as concerned for his or your safety. If you or a loved one has been injured in a St. Louis car accident, please don't hesitate to contact the skilled St. Louis vehicle accident lawyers at Page Law. Our attorneys will review the details of your case and help you hold negligent parties accountable for their actions as we seek to win you the compensation that you need to move forward. Call Page Law today at (314) 322-8515 for a free and confidential consultation.

According to the U.S. Consumer Products Safety Commission (CPSC), drowning in a backyard pool is the fourth leading cause of death for children under five years of age. About 260 of these young children die in pool accidents each year, and another 3,000 are seen in emergency rooms for water-related injuries. While the risk of a drowning accident in Missouri is always present, you can take steps to prevent your children and their friends from being injured or killed in the family pool.

The CPSC recommends the following steps:

• Never leave a child unsupervised around a pool or in a place where they can reach the pool.


• Make sure babysitters understand the importance of watching the children at all times while they are in or near the pool.


• Place a fence around the entire perimeter of the pool. Install self-latching gates, and place the latches out of reach of small children.


• Swimming lessons do not make children “drown-proof.” Even if they can swim, always supervise children in or near the pool.


• Completely remove the pool cover before allowing children to swim. Otherwise, children may become trapped under the cover.


• Keep rescue equipment, including a long pole and a flotation device, near the pool. Do not use floating toys as a substitute for a child's swimming ability or for constant supervision.

Although pool manufacturers have a responsibility to make safe products, they cannot eliminate the risks a pool poses to young children. Watching your children at all times while they are in the pool can prevent life-threatening accidents.

If you or your child is injured by an unsafe pool structure or pool equipment, you have legal rights. A skilled Missouri personal injury lawyer from the experienced legal team at Page Law can help you understand your rights and hold negligent parties accountable. Call Page Law today at (314) 322-8515 for a free consultation.

Each year, the Missouri State Highway Patrol releases its annual report of Missouri auto accident statistics detailing the number and type of traffic accidents that occur on Missouri roads. The State Highway Patrol recently released its 2009 report. The report is intended to give Missouri motorists a clear picture of the risks present on Missouri highways and help motorists protect themselves when they drive.

• In 2008, traffic accidents in Missouri decreased by about 6.14 percent from the previous year. Thirty-two fewer people were killed in a 2008 traffic accident than in 2007.
• Over 40 percent of people who died in Missouri traffic crashes were between 16 and 35 years of age. Most of these wrongful death victims were between the ages of 16 and 20.
• One-third of all accidents resulting in death involved drinking and/or drug use. By contrast, only about one-eighth of accidents involved poor weather conditions such as rain, snow, ice, or fog. Nearly three-quarters of all traffic crashes occurred during daylight hours on dry pavement.
• Fifty-seven percent of the fatal crashes in 2008 involved only one car.
• Over 75 percent of all traffic accidents reported in Missouri in 2008 affected only property, not people.
• Jackson County, Missouri reported the most traffic-accident-related deaths in 2008, with 83 fatalities that year.

Motorists have a duty to keep their vehicles under control and avoid driving when it is unreasonably dangerous, such as when the driver has been drinking or is too fatigued to concentrate. If you or a loved one has been injured by a driver who failed to uphold this duty, you have certain legal rights. The experienced Missouri accident injury lawyers at Page Law can help you understand your rights and choose the best course of action for yourself and your loved ones. Call Page Law today at (314) 322.8515 for a free consultation about your Missouri car accident.

Governor Jay Nixon recently signed into law a bill that stiffens the penalties for drunk drivers in Missouri. According to a Missourinet report, the new law focuses on repeat offenders and drivers with high blood alcohol levels. These drivers, if convicted, must spend additional time in jail. The bill also sends repeat offender's cases to the circuit court, instead of allowing them to be heard in the more lenient municipal courts.

In addition to cracking down on repeat offenders, the bill requires law enforcement agencies and courts to keep detailed records of drunk driving arrests and convictions. These agencies are also required to report their drunk-driving data. Courts have also been given the power to create special “DWI dockets” solely to handle drunk-driving cases. Prosecutors have also been given more powers to present evidence of previous Missouri DWI convictions when trying the cases of repeat offenders.

The bill passed the Missouri House and Senate unanimously. It represents a high priority for the governor, who convened a number of law enforcement professionals in a summit last November to address the dangers of drunk driving.

“The bottom line is that Missouri's roadways will be safer,” Nixon said about the new law.

The safety of drivers on roads throughout America is endangered every day by drunk drivers. According to the National Highway Traffic Safety Administration, 31.6% of fatal traffic accidents in 2008 were caused by a driver with a blood alcohol content above the legal limit.

Drunk drivers can cause Missouri vehicle accidents that bring about severe injuries and even death. When motorists drive under the influence, he or she can be held legally accountable. If you or a loved one has been injured by a drunk driver, please contact the skilled St. Louis drunk driving accident attorneys at Page Law. Our experienced legal team will examine the details surrounding your accident and fight to help you hold negligent parties accountable for their actions. Call Page Law today at (314) 322-8515 for a free and confidential consultation.

St. Louis news channel KMOV reported recently that a Montana zoo employee who was mauled by a bear is eligible for workers' compensation benefits, even though the employee was under the influence of marijuana at the time of the animal attack.

The employee admitted that he smoked marijuana before arriving at Great Bear Adventures on the day of the accident. While at work, he attempted to feed one of the bears, which was part of his job duties. The bear attacked him, causing injuries that required the employee to be hospitalized.

Great Bear Adventures tried to argue that the employee was not entitled to workers' compensation benefits because he was a volunteer and also because the marijuana use had caused his accident. However, Workers' Compensation Court judge James Jeremiah Shea ruled that the employee's marijuana use was not the cause of the bear's attack, and that therefore the employee is entitled to workers' compensation benefits. The judge also found that the employee was on the payroll of Great Bear Adventures and therefore covered by the employer's workers' compensation obligations.

In Missouri, workers who are injured while performing their job duties are entitled to MO workers' compensation benefits. These benefits may cover doctor and hospital expenses, medications, therapy, and necessary medical equipment. They may also cover lost wages and/or provide payment for permanent disabilities.

Navigating workers' compensation can be difficult and confusing, particularly after an accident on the job. The experienced Missouri workers' compensation attorneys at Page Law can help you receive the workers' compensation benefits to which you're entitled. If you or a loved one has suffered a work-related injury, please don't hesitate to call Page Law at (314) 322-8515 for a free and confidential consultation.

Truck driver inattention is a serious problem in Missouri and throughout the United States. Although a truck driver may feel confident in his or her driving abilities, it only takes a few seconds of driver inattention to cause serious injury or fatal tractor trailer accidents.

A St. Louis Post-Dispatch article reports that two motorists have been killed due to a chain-reaction, eight-vehicle collision on I-55 in Jefferson County. Based on the accident report, the 32-year-old truck driver “took his eyes off the road” only to later realize that traffic had come to a stop in front of him. As a consequence of his inattention, the trucker was unable to stop his tractor-trailer in time and struck one car, then ran over a compact vehicle, pulling it along for almost 100 yards.

While a reconstruction report of this MO wrongful death trucking crash may take up to two weeks, it is possible that the truck driver may face civil and criminal charges. As this accident demonstrates, large truck collisions with small vehicles often result in wrongful death. Family members of those lost in such accidents may be able to obtain compensation from negligent parties for funeral expenses, loss of companionship, and even lost earnings. Similarly, when individuals suffer serious or catastrophic injuries in truck accidents, he or she may receive recompense to assist in paying for expenses associated with the accident and subsequent injuries.

At Page Law, our St. Louis personal injury attorneys have a wide range of experience in truck accident litigation. We understand how challenging it is to cope with the loss of a loved one due to a trucking collision. While no amount of money can ever replace such a loss, compensation can help family members avoid financial strain and instead focus on rebuilding. If you have lost someone close to you in a tractor trailer accident in Missouri, please contact our skilled St. Louis truck accident lawyers. Call 314-322-8515 today for a free and confidential consultation.

Tragically, an infant died this week when the car in which he was riding drove into the River Des Peres, according to a www.kmov.com story. The infant was 7 months old and was strapped into his car seat in the rear of the car.

His father, age 24, was taken to the hospital in critical condition. He remains on life support and is in a coma. He was not breathing when he was pulled from the sinking car. It is not clear how long the automobile was under water. By the time a witness saw the car, it was already sinking. Reportedly, the witness called 911 and spent several minutes trying to flag someone down to watch his three year old daughter so he could attempt a rescue.

According to the witness, he swam in when the first rescue crews reached the scene. The police said that two citizens and a police officer helped get the driver from the vehicle. The men used a knife to cut through a seat belt to pull the adult from the car. The rescuers did not see the infant at the time of the rescue and found him in the backseat later.

The cause of the Missouri fatal vehicle accident is unknown. The accident investigation team will look at toxicology results, the driver’s medical history, and tire tracks, among other things, in their investigation.

Auto accidents in MO that result in an innocent life being lost are heart breaking. If someone you love has been injured or killed in a car accident as a result of someone else’s negligence, help may be available. Contact the St. Louis automobile accident attorneys at Page Law by calling 314-322-8515 today to schedule a free consultation.

A Toyota executive appeared last week before a congressional panel to defend Toyota in the wake of criticism that Toyota was more concerned with fighting lawsuits than with fixing safety issues.

Based on a www.detnews.com report, at the center of the hearing was Toyota’s attempt to disprove claims that the electronics control systems in its cars are at fault for the acceleration problems in its vehicles. Toyota thus far has blamed floor mats and foot pedals for its acceleration problems.

James Lentz, Toyota Motor Sales USA president, also defended Toyota’s relationship with Exponent, a consulting firm that Toyota hired to investigate the acceleration problems with its cars. Toyota claimed that Exponent has done a comprehensive and independent investigation into the problems involved. Lawmakers argued that Exponent told the panel that it has no written list of the causes of the acceleration problems to be explored.

Lentz also noted that Toyota has made a lot of advancements in several areas, including 3.5 million recall repairs, 600 on-site vehicle inspections, and development of 150 devices to read information from electronic data recorders in vehicles with acceleration problems. Lentz also noted that Toyota is on its way to being the first full-line manufacturer with brake-override technology as standard equipment on all new U.S. models.

If you or a loved one has been injured as a result of a defect in your vehicle, the manufacturer could be held liable. You may be able to recover money for your vehicle, medical expenses, missed time from work, and other associated damages. Contact the dedicated Missouri accident attorneys at Page Law by calling 314-322-8515 today to schedule a free consultation.

A jury ruled against a California nursing home company and ordered it to pay over twenty-nine million dollars to the family of an elderly resident who died while under its care. According to a Sacramento Bee report, the jury ruled that the nursing home had committed elder abuse. They found that the resident’s daughter was entitled to over one million dollars for the victim’s pain and suffering and for the loss of her mother’s companionship. After the jurors were told that the nursing home company was worth about two hundred million dollars, they awarded twenty-eight million dollars in punitive damages. The punitive damage award was by far the largest elder abuse award in the area’s history.

The deceased had mild dementia when she moved into a nursing home in Auburn, California in 2005. Seven months later, she had a fall that broke her hip. The hip break was not diagnosed for days, and she died of an infected bed sore. This was the fourth incident in which the home was cited for the death of a resident.

The plaintiff argued that the nursing home was purposely without sufficient staff members and therefore provided substandard care. The defense claimed that it took good care of the patient and that the sore that killed her happened after she was transferred to a hospital for surgery on her hip.

Nursing home neglect and abuse is tragic and unfortunately occurs throughout the United States. If you or someone you care about has been a victim of nursing home abuse in Missouri, you need to protect your rights or the rights of your loved one. Contact the experienced Missouri nursing home abuse attorneys at Page Law by calling 314-322-8515 to learn more. We can help.