Missouri Personal Injury Lawyer Blog

Guidelines Hope To Reduce Missouri Motor Vehicle Accidents

2008-05-16T20:10:11Z

A 21-year-old MoDOT, Missouri Department of Transportation, worker was killed in Springfield, Missouri when his dump truck collided with a tractor-trailer. The decedent was on duty when a rainstorm moved into the area; he was driving traveling through several locations to check on flooded roads and set up signs to close the roads. In the course of driving between locations, his dump truck struck the tractor-trailer nearly head-on. The cause of the tractor trailer crash has not been determined, but the rainstorm undoubtedly caused compromising driving conditions.

MoDOT statistics note that motor vehicle crashes are the leading cause of death in the United States for those ages two through 33. It is suggested that most adults spend about two months behind the wheel each year, and it is suspected that as driving becomes a habit, basic driving rules are often neglected. Of all the traffic accidents that take place, only 13% of these accidents are caused by environmental factors, meaning that the majority of accidents are simply caused by human error and various other human factors.

MoDOT has produced a comprehensive guide in hopes of reducing fatal and serious Missouri Truck Crash roadway injuries; the following items have been suggested:

•Follow the speed limit. Chapter 304 of the Missouri Revised Statutes makes it a crime to travel faster than the posted speed limit. Get caught and you're looking at a fine, points off your license and higher insurance rates. Get caught enough times and you could lose your license.
•Buckle up. Safety belts are the single most effective safety device available for occupants in motor vehicles. The Graduated Driver's License Law requires all drivers holding a permit or an intermediate license – and all passengers – to wear a safety belt at all times when operating a motor vehicle.
*Chapter 307 of the Missouri Revised Statutes requires all adults riding in the front seat of a car, truck, SUV or van to wear safety belts.
*Children ages four through 15 must always wear their safety belts whether they're in the front or the back seat.
*Children under four must be properly secured in an approved child safety seat.
•Don't drink and drive. Chapters 302 and 577 of the Missouri Revised Statutes make it a criminal offense to operate a motor vehicle at or above .08 percent BAC. But you can also be convicted of DWI with BAC levels of less than .08 if an officer determines your driving was impaired by illegal drugs, alcohol or medication.

In relation to the unfavorable driving conditions in the accident above, FMCSA requires extreme caution while driving tractor-trailers in such conditions under §392.14. It states:

]]> Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.

As Missouri truck accidents typically result from various, unpredictable circumstances, which unfortunately do occur, it is difficult to know exactly how to prevent such events. By following the guidelines above, staying alert and driving defensively, however, you can lessen your chances of getting in an accident or at least lessen the harm associated with such. As the vast majority of accidents are caused by human error, liability often becomes and issue and requires legal assistance and insurance companies.

As an experienced Missouri personal injury attorney, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately alert our accident investigation team and immediately take action in your defense.

The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.

If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit my website, www.MissouriTractorTrailerCrash.com for more information.

7 Barges Break Free in Arkansas River

2008-05-15T19:44:50Z

In Muskogee, Oklahoma seven barges broke free allegedly due to equipment failure. The barges drifted into the US. 62 bridge over the Arkansas River after the rope holding the barges unraveled, and the lines between the barges gave way. Each barge was connected to another, which started a chain reaction in that the wire cables in between each barge that were supposed to hold them all together, allowed all seven barges to break lose.

Officials say the cables were new and should have held the weight of the barges, which led some to suspect that there may have been human error in connecting and securing the barges together with the cables. A Coast Guard spokesman said the cause of the Barge Accident is unknown and is still pending investigation. There was no significant damage to the bridge.

The United States Coast Guard has implemented a program in order to prevent or at least reduce human error in the course of employment. The Prevention Through People (PTP) program addresses operating safely in the maritime, focusing on human and organizational influences on maritime safety and system performances.

PTP requires constant and balanced interaction between the management, the work environment, the behavior of people, and the appropriate technology. PTP specifically addresses the human errors of inattention, failure to follow procedure, improper maintenance, inadequate training, and fatigue.

Such programs addressing risk management and awareness, along with the implementation of new training policies are frequently in response to deadly barge accidents that not only cause injury and monetary damages, but also create liability issues. Often, accidents occurring in the course of employment require legal assistance because the question of liability is difficult to discern.

]]> As is seen in the case above, there are issues involving the product in regards to equipment failure, the employee in regards to correctly tying the lines, and the employer in regards to several issues, including training and supervising. In many instances, employees blame employers or product deficiencies, and employers rebut the employee claims or assert that other third parties are liable, such as product manufacturers. This is where experienced legal aid is not only helpful, but also necessary.

As an experienced attorney in Maritime Law, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately and aggressively take action in your defense.

If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit www.BargeAccidentLawGroup.com for more information.

Motorcycle Maintenance Checklist

2008-05-14T19:34:23Z

As the weather is getting warmer, there are some important things to keep in mind before riding your motorcycle. After the winter months, it's always a good idea to check your motorcycle and make sure everything is running properly. In the event that something is wrong, it is extremely important to find out before you get on the road and get in a potentially fatal motorcycle accident. The Motorcycle Safety Federation (MSF) suggests you check the following before you ride:

• Tires — Check the air pressure, general wear and tread. You should also keep a low-pressure tire gauge, 0psi-80psi, in your bike tool bag at all times. Also, if tread depth is 1-2mm, it is probably time to replace your tires.
•Fluids — Check both oil and fluid levels. You should also check hydraulic fluids and coolants weekly. Further, look for leaks. With the battery, check the fluid levels on each chamber; if any chamber is low, top it but only use distilled or deionized water. Tap water has minerals that are not good for your battery. Also, in regard to fuel, you should check the fuel filter on a regular basis and aim to replace it every 2 years.
•Headlights and Taillight — Check both and make sure both high and low beams are working.
•Turn Signals — Turn on both right and left turn signals, checking to see that the lights are working correctly.
•Brake Light — Try both brake controls, checking that both turn on the brake light.

Once you are on the motorcycle, you should check the following:

•Clutch and Throttle — Make sure they work smoothly. The throttle should snap back when you let go. The clutch should feel tight and smooth.
•Mirrors— Clean and adjust both mirrors before starting. Make sure you can see the road behind and to the side.
•Brakes — Try the front and rear brakes, checking that each one feels firm and actually holds the motorcycle when the brake is fully applied. You should also replace your brake fluid every one or two years so your brakes perform the best because brake fluid absorbs moisture, which makes brakes less effective over time and could result in a dangerous motorcycle wreck.
•Horn — Just make sure it works.

]]> It is also smart to check your owner's manual for anything specific to your motorcycle that may be important, and to check up on cables and fasteners.

Further, according to the MSF there are four mains causes for over half of all motorcycle-related crashes. So it is important that you keep the following in mind: most accidents occur at speeds greater than 35 mph, they happen at night, they are caused by worn tires, and they involve riders who have ridden their motorcycle for less than six months.

Although it's impossible to prevent everything that happens on the road, there are a few things you can do to lessen the likelihood of such unfortunate incidents. You should always make sure you are visible to others on the road by riding in the best lane position to be seen, not riding in peoples' blind spots, and making sure to use your headlight. Also, if you feel that a driver cannot see you, don't be afraid to use your horn. Additionally, always use proper signals if you are turning, and most importantly be very alert to your surroundings. Missouri Motorcycle Accidents often occur in a split second, but if you are aware of what is going on and are paying attention to the road, your chances at avoiding an accident are greatest. The more aware you are, the more likely you will be prepared to make critical decisions in the event of an accident, preventing harm. Preparing yourself before you ride will not only make you safe, it will also make you more confident and allow you to enjoy riding more. Have fun and be safe.

Motorcyclist Crashes Into Parked Car - Accused Of Drunk Driving

2008-05-13T19:02:00Z

A 24-year-old man sustained major injuries after he drove a motorcycle into a parked pickup truck in San Francisco. The major injury motorcycle collision occurred after 4 a.m. when the man allegedly took his friend's motorcycle for a test drive after leaving a party.

The man was not wearing a helmet, and broke his arm and leg in the motorcycle accident. He was arrested on suspicion of driving under the influence.

In Missouri, when an individual is stopped by the police while driving and the influence of drugs or alcohol is suspected, the officer will generally ask that the person take field sobriety tests. Such tests as walking in line and standing on one leg, help an officer decide if the individual should be arrested or take a Blood Alcohol Concentration (BAC) test.

If an individual's BAC level is .08% or more, the officer will likely arrest the person, take their license and give them a Notice of Suspension/Revocation if not a citation for Driving While Intoxicated (DWI). The notice tells the individual that they will not be able to legally drive after 15 days.

The notice also includes a form that allows one to request a hearing. The following details the process of a hearing:

1. The individual must indicate on the hearing request whether they want to have the hearing in-person or by telephone. If a request is not made, a telephone hearing will be scheduled.

2. If a hearing is granted, a permit to drive will be mailed to him/her if they have surrendered their driver license and are eligible to drive in Missouri. The permit will allow one to drive until 15 days after the decision from the hearing.

3. If a hearing isn't requested within 15 days from the date the Notice of Suspension/Revocation was issued, a hearing will be denied and no further appeal is possible.

4. The hearing date and time are mailed to the individual.

]]> A first-time DWI conviction results in a 30-day suspension. After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met.

A driver convicted of driving while intoxicated for the second time in a five-year period also receives a five-year license denial.

A 10-year license denial is imposed against any individual convicted three or more times for driving while intoxicated, excessive blood alcohol content (BAC) or a combination of the two. After ten years, the privilege to drive can be restored only by court order.

In general, any person arrested for driving with a blood alcohol content of .08 percent or higher is processed administratively as well as criminally, regardless of whether there was a motorcycle crash or not, meaning that legal assistance is not only helpful, but necessary.

As an experienced Missouri attorney, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately begin taking action on your behalf.

Fatal Train Accident at Railroad Crossing Raises Questions

2008-05-12T18:54:07Z

A fatal railroad collision between a car and a train near the U.S. 71-B in Arkansas has investigators wondering why active warning signs were not at the railroad crossing. The crossing, lacking flashing lights and hinged road-blocking arms, is a dangerous intersection that is, according to the department of transportation, unlikely to have warning signals installed in the near future.

According to the department of transportation, of the 2, 700 railroad crossings in Arkansas, 70 percent do not have active warnings. At such railroad crossings, the only warning may be the sound of the conductor blowing the train's whistle about 15-20 seconds before an intersection, which is a state law requirement.

Several aspects of an intersection are examined before a decision is made to install active warnings; the following are often considered:

1. Train Accident history
2. Site distance in relation to vegetation or new construction blocking visibility of the track.
3. Number of railroad crossings on the road
4. Number of trains that use the track daily
5. Speed of those trains
6. Amount of traffic that crosses those tracks
7. Type of vehicles that cross the tracks regularly
8. If the intersections is often crossed by school buses
9. If hazardous materials are usually transported
10. If it is a more frequently used ambulance route

]]> Some railroads offer free safety classes to the public, showing the dangers and facts of railroad crossings and train tracks and covering precautions people can take in the event that warning signals are not installed. In general, however, prudent and observant driving will always be to the benefit of the driver and passengers. Even if the area surrounding a railroad does not have clear markings, cautious driving could aid a driver in seeing railroad crossings where warning signals are not apparent or not present. In either event where warning signals are installed or not, it is important to recognize that railroads are generally not legally liable for mishaps taking place on their private property.

As an experienced Missouri railroad accident firm, we are happy to discuss your case with you and answer any questions you may have. If requested, I will immediately alert our railroad accident investigation team and begin taking the same action as the railroad's investigation team.

The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.
If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit my website, www.RailroadAccidentLawGroup.com for more information.

Brake Guidelines In Place To Prevent Missouri Truck Accidents

2008-05-10T01:05:11Z

A truck driver was injured after his semi hit a tire and wheel in the roadway near Hiawatha, Missouri. The truck driver was eastbound on US-36 highway when his truck hit the object in the road. Allegedly the driver tried to brake, but the truck did not slow down enough in time to avoid the Missouri truck accident, which blew out a front tire and broke an oil line. The driver was wearing his seatbelt.

According to the FMCSA, there are certain guidelines implemented for semi truck brakes to ensure that such situations are prevented. The following items are necessary:

1. Antilock brake system. Each single-unit vehicle should be equipped with an antilock brake system that directly controls the wheels of at least one front axle and the wheels of at least one rear axle of the vehicle. Wheels on other axles of the vehicle may be indirectly controlled by the antilock brake system.

2. Antilock malfunction signal and circuit.

(a) Each truck should be equipped with an indicator lamp, mounted in front of and in clear view of the driver, which is activated whenever there is a malfunction that affects the generation or transmission of response or control signals in the vehicle's antilock brake system.

(b) Each truck tractor that is equipped to tow another air-braked vehicle, should be equipped with an electrical circuit that is capable of transmitting a malfunction signal from the antilock brake systems on one or more towed vehicles. Each such truck tractor and single unit vehicle shall also be equipped with an indicator lamp, which is activated whenever the malfunction signal circuit described above receives a signal indicating an ABS malfunction on one or more towed vehicles.

(c) Antilock power circuit for towed vehicles. Each truck tractor that is equipped to tow another air-braked vehicle shall be equipped with one or more electrical circuits that provide continuous power to the antilock system on the towed vehicle. Such circuit should be adequate to enable the antilock system on each towed vehicle to be fully operable.

3. Service brake stop lamp switch; this is a switch that lights the stop lamps when the service brake control is statically depressed to a point that produces a pressure of 6 psi or less in the service brake chambers.

]]> 4. Brake distribution and automatic adjustment. Each vehicle shall be equipped with a service brake system acting on all wheels.

(a) Brake adjuster. Wear of the service brakes shall be compensated for by means of a system of automatic adjustment. When inspected, the adjustment of the service brakes should be within the limits recommended by the vehicle manufacturer.

(b) Brake indicator. For each brake equipped with an external automatic adjustment mechanism and having an exposed pushrod, the condition of service brake under-adjustment shall be displayed by a brake adjustment indicator that is discernible when viewed with 20/40 vision from a location adjacent to or underneath the vehicle.

The foregoing guidelines solely detail the most important brake factors of most trucks. There are other vehicle specific regulations that should also be followed to further ensure safety and prevent dangerous Missouri Truck wrecks. For more truck regulations and safety guidelines, visit www.fmcsa.dot.gov.

As an experienced Missouri truck accident lawyer, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately alert our accident investigation team and begin taking the same action as the truck company and their insurance company.

Three Injured in Pair of Dog Attacks

2008-05-09T00:48:21Z

Four people were bitten by dogs after two separate dog attacks on the same day in South Bend, Indiana. Three people were sent to the hospital, including a young boy. Both of the dogs were killed after the attack: police were forced to shoot one dog at the scene, and the other was euthanized after the city Animal Control Center took it in.

The incident with the young boy occurred while the boy was playing in his front yard with a friend. The family's German shepherd mix escaped through the back fence and bit the boy. The dog bit the boy in the face and bit the owner on the arm.

Not long after, the same police who were called to the previous dog bite attack were called to another home after a dog attacked two adults. The dog was inside a fence but busted through as well. The pit-bull mix attacked two men. Police first tried to taze the dog, but when that didn't work, police were forced to shoot it to death.

In both situations, no one knows why the dogs turned violent, and nobody provoked either dog. The injured parties have not filed any legal claims thus far; however, police arrested the owner of the dog for disorderly conduct after the police killed his dog.

In terms of the arrested owner and his dog, state law generally governs whether or not a lawsuit can be filed for shooting a pet, which usually depends on the state's view of an animal as personal property. However, when dealing with liability for shooting a harmful or dangerous dog, gravity and imminence of the harm resulting from the pet are considered, as well as the circumstances for shooting, such as self-defense.

]]> So if a pet has been shot, one must determine, while considering the surrounding circumstances, if an entity or individual can be held liable for shooting the pet. If nobody can be held liable, obviously there can be no lawsuit, such as the situation above.

In the foregoing case, the police officer would likely not be found liable in such situation. This is because government agencies and officials generally have immunity from liability for lawsuits filed against them for their actions when acting in their official capacity. However, in some situations such immunity is not necessarily absolute. Because the facts of each situation are different, liability may vary, making legal assistance necessary.

As an experienced Missouri dog attack attorney, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately and aggressively take action in your defense.

Rail Defect May Have Caused Train Derailment

2008-05-07T19:32:41Z

The engine of a slow moving, 10-car freight train derailed in East Hartford, Connecticut. Allegedly a piece of track snapped causing the train accident when the engine derailed.

There were no reports of injuries in the Railroad Accident that happened at the rear of an auto glass repair business. However, the state Department of Environmental Protection was called because the engine contained diesel fuel that had to be siphoned out of the engine as a precaution against a possible spill.

Under the Corpus Juris Secundum, in certain circumstances, a railroad car or other equipment, such as the broken piece of track above, constitutes a "product" for strict liability purposes and can be the basis for a manufacturing defect claim; however such claims are strictly monitored or may be preempted by federal law.

A defect in the design of railroad equipment may give rise to liability for injuries or damage resulting from that defect, especially where safer alternatives to the design used are readily available. While alterations of a piece of equipment by the user do not relieve the manufacturer of liability, if the alterations are foreseeable the plaintiff bears the burden of showing that the equipment was defective and was not altered after leaving the control of the defendant.

So, in the situation above, it would have to be proven by a plaintiff against the railroad manufacturer that the piece of track was defective and that the defect, which could have been foreseen to cause problems and could easily have been altered, was directly responsible for the railway accident.

However, the manufacturer of railroad equipment is not an insurer responsible in damages whenever one of its products fails. In addition, defects in specially ordered equipment, not launched into the stream of commerce by the manufacturer, do not give rise to strict liability.

]]> Furthermore, a plaintiff cannot recover indirect economic damages in a negligence action against the manufacturer of railroad cars where no causal nexus exists between the loss of the freight and the alleged defect but, where such a nexus can be established, economic damages are recoverable. The nexus here basically refers to a specific causal relationship between the defect and the damages.

A railroad is a reasonable user or consumer and is required to possess knowledge of the proper maintenance of the component parts of a railroad crossing. Thus, the manufacturer of those parts has no duty to warn the railroad because the railroad has a duty to maintain and care for itself.

If you are faced with any questions dealing with railroad accidents or liability in general, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately alert our railroad accident investigation team and begin taking the same action as the railroad's investigation team.

The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.
If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit my website, www.RailroadAccidentLawGroup.com for more information.

Supreme Court Rules To Limit Liability Claims Regarding FDA Approved Products

2008-05-07T00:29:15Z

A recent Supreme Court ruling could limit patient safety when it comes to medical devices and pharmaceuticals. The Supreme Court ruled in late February that patients injured by certain defective medical devices, which have been approved by the Food and Drug Administration, cannot sue the product's manufacturer.

This is because federal regulations preempt state-based product liability claims when challenging the design or labeling of medical devices that clear the FDA's approval process. Preemption basically refers to the way that courts deal with conflicting regulations between federal and state governments on the same issue; meaning, when both court systems rule on the same subject matter in a different way, federal law will displace the state regulation.

In this case, the plaintiff alleged that her husband was injured by a faulty balloon catheter that burst during heart surgery. The man died. Medtronic, the manufacturer, said the FDA-approved product had been used improperly.

Although the FDA has thorough processes for approving medical devices and medication warnings, the FDA's recent issues, concerning lack of funding and resources, have some wondering about their ability to monitor the industry adequately.

The main issue in controversy is in relation to whether all similarly situated product liability claims will eventually follow this precedent in being regulated by federal law. The problem with such is that states generally have retained the power to regulate these matters. The longstanding difference between state and federal government roles relate to "police powers," which are matters dealing with health, safety, and general welfare. These powers have fundamentally been retained by states under the 10th Amendment.

]]> In addition to the question of what law some product liability claims may follow in the future, conflicting or varying court decisions may distort the risks and benefits of a drug or medical device and confuse patients. If you are having any difficulty with a product liability claim, or simply have questions about any legal matters, I am happy to discuss your case with you and answer any questions you may have.

If requested, I will immediately and aggressively take action in your defense. The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.

Senator Seeks Funding to Help Brain Injury Victims

2008-05-05T08:18:56Z

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.

]]> If you or someone you loved have been the victim of an accident that resulted in a traumatic brain injury, you should contact one of our Missouri brain Injury attorneys today for a free consultation of your case. Brain injuries impact not only the lives of those that suffer through them, but also the lives of family members and loved ones who must take on the burden of helping in the recovery process. This process can be emotionally and financial draining as a variety of medications, surgeries, and rehabilitations may be necessary.

The call and consultation are free. I can be reached 24 hours a day at (314) 322-8515 or 1(866) 620-5757. Call me personally. There is no fee unless you recover for the personal injuries you sustained.

If you do not want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times.

Truck Driver Settles with Insurance Company

2008-05-02T08:11:09Z

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.

]]> The most common cause of St. Louis truck accidents is driver error. This can range from gross negligence to simple accidents. Lack of training or experience can lead to poor decision-making that causes sudden lane shifts, wide turns and dangerous interactions with bridges and roads. Alcohol or drug abuse can impair a driver’s ability to navigate Missouri highways and significantly impact reaction time. In fact, nearly 35 percent of all fatally injured truck drivers test positive for some kind of alcohol or drug use.

Stories like this one illustrate the need for having an experienced Missouri truck accident attorney on your side. Even in instances where the fault and liability of a case may seem obvious, there are many pitfalls that an inexperienced attorney can fall into. You can rest assured that large insurance companies like State Farm have their client’s best interest in mind. There objective in cases like these is simple, settle the case for as little money as possible. Whenever they can, insurance companies will try to deal with the accident victim directly, in hopes that they can prey on their inexperience and trick them into settling for figures much lower then what they are owed. You need an experienced truck accident lawyer to begin protecting you and your family during this trying time. The truck company and the insurance company have experienced truck accident lawyers working on their side. SO SHOULD YOU! I can be reached toll free, 24 hours a day, 1-800-500-INJURY (4658). Call me personally and I will immediately alert our truck accident team and begin taking the same actions as the truck company and the insurance company. The call and consultation are free. There is no fee unless we recover for you.

One Woman Dead After Missouri Truck Accident

2008-05-02T00:40:03Z

A lane closed for construction on Interstate 70 caused traffic congestion and, allegedly, a three-vehicle truck crash in Columbia, Missouri that killed one woman. The accident occurred when a tractor-trailer stopped due to congested traffic because construction crews were paving the road and closed a lane on the interstate. A woman, hauling a flat-bed trailer, swerved and rear-ended the trailer on the interstate; she died at the scene.

Another pickup truck swerved to avoid the Missourit Truck wreck and struck the rear of the decedent's trailer, becoming wedged between the median divider and the semi. Debris was left across all three lanes of the highway.

The Missouri Department of Transportation suggests following the three "S's" to manage work zones and road construction safely. Speed, Space and Stress.

MANAGE YOUR SPEED

-Slow Down when approaching all work zones. You will be in the work zone quicker than you think.
-Follow Posted Speed Limits, especially within construction zones, and try to maintain a consistent speed with the traffic flow. And adjust your speed for weather conditions.
-Don't Resume Normal Speed until you see roadway signs indicating it's safe to do so.

]]> MANAGE YOUR SPACE:

-Leave Room. Leave adequate braking room between your vehicle and the one ahead of you. Count out at least two seconds from the time the car ahead of you passes an object and the time your own car passes that object. Also, keep a safe distance between your vehicle and traffic barriers, trucks, construction equipment and workers.
-Don't Pass on the Shoulder. Don't drive across the median. This creates a very dangerous situation for you, construction workers and other motorists -- not to mention the steep fine.
-Leave Yourself an Out. When stopped in traffic, leave a safety zone between you and the vehicle in front of you. A good rule of thumb is that when stopped in traffic you should be able to see the bottom of the tires of the vehicle in front of you.
-Watch Out for Tailgaters. Do not force tailgaters to back off by slamming on your brakes or reducing your speed significantly. This practice can lead to road rage and increases the chances of a St. Louis Truck collision. When possible, pull over and let them pass. If this is not possible, turn your headlights on and off several times during daylight hours to illuminate your tail lights and warn tailgaters they are too close. If at night, lightly tap your brake pedal to illuminate your brake lights.

MANAGE YOUR STRESS:

-Keep Your Cool. Calm down and don't rush. Remember, the temporary inconvenience of a construction zone will pay off with greatly improved roads soon.
-Pay Attention. Avoid cell phone or radio distractions, as well as those of other stopped cars or construction.
-Expect Delays. Use the MoDOT Work Zone map and other available information to keep yourself informed about construction on your route. Leave a bit earlier, if necessary, to arrive at your destination on time. Consider using an alternate route that bypasses the construction zones.

In the unfortunate event that you are involved in a Missouri Auto accident and need an experienced personal injury attorney, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately alert our accident investigation team and immediately take action in your defense.

Jumbo Barge Becomes Wedged Against a Railway Bridge

2008-05-01T00:18:46Z

A jumbo hopper barge became wedged against a railway bridge in Burlington, Iowa along the Mississippi River after five barges broke loose and slammed into two bridges; it took 63 hours to free it after the barge accident.

Line boats and towboats were used to free the barge and help push it up the river. Allegedly, the barges broke free from a staging area upstream. The owners of the barges were unknown, and the barges were loaded with grain or coal. Although bridges are designed to absorb an impact, there was concern about the force of the impact following the Missouri barge accident.

In situations such as that above, insurance becomes very important in order to recover for loss where there isn't a specified cause or claim per se. Under the Corpus Juris Secundum, the following are Marine Insurance policy requirements in terms of giving notice and proof of loss to the insurer in order to be able to recover.

The giving of notice and preliminary proofs of loss is a condition precedent to a recovery under the usual form of marine policy. Notice of loss must be given as mandated by the insurance policy. Generally, notice of loss given by the insured to an insurance broker does not constitute notice to the insurance company without exceptional circumstances.

The requirements of giving immediate written notice and filing written proofs of loss and interest must be construed in accord with their purpose and with the reasonable expectations of the parties, and the insured is allowed a reasonable period in which to fulfill such requirements. Timely notice is given under the immediate notice requirement where the insured's broker leaves a recorded telephone message for the insurance company on the day of the occurrence, which may result in a claim, and later writes to the company to confirm the information.

]]> Any delay in providing information to the insurance company is excused by the insured's good faith efforts to collect and organize documentation and the lack of diligence on the company's part to increase its knowledge of the loss. However, the insured is not relieved of his or her obligation to give immediate notice where the insurance company's awareness of occurrences or Maritime Accidents does not afford it with actual notice that the loss or damage insured against has been sustained.

A substantial compliance with the terms of the policy relating to proof of loss is sufficient. The proofs usually are required to show the interest of the insured and the nature and extent of the loss. Notice of loss may be given over the telephone and later confirmed by written correspondence.

If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit www.BargeAccidentLawGroup.com for more information.

Third Party Injuries in Missouri Dog Bite Cases

2008-04-29T23:28:27Z

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.

]]> The "rescue doctrine" also applies to a pet owner who is injured when he attempts to prevent a dog from attacking his pet. The rule further notes that even though a rescuer in these situations may have willingly put himself/herself in danger, the act of rescue does not excuse the culpability created by the pet owner's negligence.

As an experienced Missouri personal injury attorney, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately and aggressively take action in your defense.

Parents File Premises Liability Suit After Son Dies At Missouri Water Park

2008-04-28T23:13:53Z

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.

]]> Courts have found there was sufficient evidence of a pool's negligence, based on a lifeguard's temporary absence from the pool or a lifeguard's socializing while on the lifeguard stand. The court found that if the lifeguard had been present at the pool or supervising more carefully, he could have saved the decedent's life or at least avoided liability. There are many situations where a lifeguard's type of supervision can be scrutinized, but the main difference between finding inadequate supervision and adequate supervision depends on the reasonableness of the behavior. Most courts will see that in the course of duty, a lifeguard may tend to a few duties, however the court will usually not excuse liability when there are unacceptable, obvious deviations from the lifeguard's primary duty to supervise the swimming pool and surrounding premises.