Missouri Personal Injury Lawyer Blog

Missouri car accident cases often involve numerous parties, insurance companies, and allegations. Recently in Missouri, a court was forced to sort out liability issues dealing with an accident caused by a four-year-old child. The main issue dealt with the parent’s liability. The parent allegedly allowed a four-year-old child to stay alone in a running car. The child shifted the car out of park, causing the car to move. The car eventually crashed into an SUV, causing damage to the SUV and injuries to its owner.

Several issues were present regarding the parent’s liability for the Missouri car accident. The main legal issue was whether the parent could be held liable for negligently supervising her minor child. The SUV owner alleged the car was a dangerous instrument and a four-year-old child was too immature and incompetent to be entrusted with a motor vehicle.

Under Missouri Law, parents will be held liable for their minor children in five instances:

Continue reading "Parents Liable in Crash Caused by Four-Year-Old?" »

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Posted In: Auto Accidents

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A recent high-speed motorcycle accident in Virginia injured four. The crash, between two motorcycles, was the result of speeding. According to authorities, one of the motorcycles involved in the accident was going around 100 mph when the driver lost control. This caused the driver of the second motorcycle to lose control and crash. Both motorcyclists had passengers riding along with them at the time of the crash.

One of the motorcyclists was charged with reckless driving as a result of the accident.

Typically when a Missouri motorcycle accident like this occurs, the reckless motorcyclist will likely be found liable for the injuries and damages caused from the accident. Although the second motorcyclist actually collided into the first, the first motorcyclist's reckless driving, "set the wheels in motion", for the subsequent crash. Had the first motorcyclist obeyed the speed limit and controlled his motorcycle, this accident may not have happened.

Continue reading "Virginia: 100 MPH Motorcycle Accident Leaves 4 Injured" »

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Posted In: Motorcycle Accidents

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A man from Texas is asking that his pit bull be returned to him after the dog was quarantined for biting three people. The man claims that his dog is not dangerous, and claims the dog only bit one man, his friend. Authorities will not allow the man to get his dog back unless he can provide proof of insurance coverage for dog bite injuries. The man has sought coverage from several insurance companies, but none were willing to insure his pit bull.

Insurance issues frequently arise in dog bite cases because insurance companies are typically the means by which hurt victims are compensated for their injuries. Although many homeowner insurance policies cover dog attacks, many do not and many do not offer coverage for specific breeds of dogs, like the pit bull above.

An experienced dog bite attorney will tell you pit bulls are widely recognized as an aggressive breed of dog and are frequently the cause of many dog attacks. Pit bulls are known to be dangerous by nature, which is why many insurance companies refrain from providing coverage for such animals.

Continue reading "Pit Bull Bites 3, Owner Demands its Return" »

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Posted In: Dog Bite

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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" »

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Posted In: Truck Accidents

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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" »

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Posted In: Workers Compensation

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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" »

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Posted In: Motorcycle Accidents

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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" »

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Posted In: Auto Accidents

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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" »

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Posted In: Dog Bite

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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" »

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Posted In: Truck Accidents

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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" »

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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" »

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Posted In: Truck Accidents

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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" »

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Posted In: Barge Accident

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