Joplin Car Accident Lawyer Blog

Unfortunately, train accidents are not uncommon in Missouri. In 2012, our state ranked 7th on Operation Lifesaver's list, "Highway-Rail Grade Crossing Fatalities - Top 15 States." And it's true that these accidents can have life-threatening consequences, as our Joplin personal injury lawyers know all too well.

Last week, a Pennsylvania woman was killed and several other people were injured when a small bus reportedly stopped on the train tracks at a railroad crossing. According to WPXI-TV, the bus was carrying ten adult passengers to a program for senior citizens and people with developmental disabilities. The train's engineer told police that he sounded the horn several times when he saw the vehicle on the tracks, but the bus didn't move. Ultimately, the train struck the bus, causing it to spin around and come to rest about 20 feet south of the crossing.

One passenger, 91 year-old Claudette Lee Miller, died as a result of blunt force trauma. Several others were taken from the scene by helicopter or ambulance, some with serious injuries. A physician at the hospital that treated several victims discussed their prognosis with WTAE-TV. "Any time you say 'vs. train,' that's a significant amount of energy that's transferred from one vehicle to another, and unfortunately to the passengers contained in those vehicles," said Dr. Allan Philp. "We really just saw the spectrum -- brain injuries, facial injuries, chest injuries, abdomen and pelvis injuries, long bone injuries, meaning legs, arms, that sort of thing. At least one of the patients -- the more critically ill -- seems to have been thrown."

Investigators are still working to determine what caused the bus driver, 59 year-old Frank Schaffner, to stop on the tracks, but they believe heavy fog in the area may have been a contributing factor - the crossing where the accident occurred is not equipped with gates or lights. Police have also tested Schaffner's blood for alcohol and drugs, and they plan to send the train's black box recorder to the Federal Railroad Administration (FRA) for analysis.

UPDATE, May 7: Another passenger on the bus, 88 year-old John Burkett, has died of injuries he sustained in the crash. In addition, Schaffner has been formally charged with multiple criminal offenses connected to the crash, including homicide by vehicle, involuntary manslaughter and reckless driving.

Continue reading "Serious injuries reported in train/bus collision" »

At any given moment during the day, an estimated 660,000 U.S. drivers are talking, texting, tweeting, or otherwise using their cell phones, according to recent data from the U.S. Department of Transportation. Our Joplin personal injury lawyers know that these distracted drivers are more likely to be involved in car accidents that cause serious, life-threatening injuries to other motorists or to the drivers themselves.

Recently, a Colorado family released a photograph of their son's final text message, which was composed in the seconds before he was killed in a single-vehicle accident. Witnesses to the crash say 22 year-old Alexander Heit appeared to have his head down when he veered out of his lane into oncoming traffic. When Heit looked up and realized what had happened, he jerked the steering wheel hard and overcorrected, causing his vehicle to run off the other side of the road and overturn several times. Heit was taken from the scene by ambulance, but he later died at the hospital.

When police investigated the crash, they found Heit's phone, open to a text message conversation and displaying a partially composed message: "Sounds good my man, seeya soon, ill tw". The message was never sent. Investigators say Heit was not speeding at the time of the crash and had a spotless driving record.

In a statement, Heit's mother said the family decided to release a photograph of the text message in the hope that it would deter others from texting and driving. "I can't bear the thought of anyone else having to go through something like this," Sharon Heit said. "Please, vow to never, NEVER text and drive. In a split second you could ruin your future, injure or kill others, and tear a hole in the heart of everyone who loves you."

Texting and driving by the numbers:

• 196 billion: the number of text messages that were sent or received by Americans in June 2011. The figure represents a 50% increase compared to June 2009.

• 31%: the number of American drivers who admit to sending or reading text messages while driving, according to a report from the Centers for Disease Control and Prevention (CDC).

• 77%: the number of young adult drivers who are "very confident" or "somewhat confident" that they can safely text while driving.

• 4.6 seconds: the average amount of time a driver's eyes are off the road while sending or receiving a single text message. At 55 miles per hour, that's like driving blind for the length of a football field.

Continue reading "Texting and driving continues to be a deadly combination in Missouri, nationwide" »

Sometimes, auto accidents simply can't be avoided. However, our Joplin personal injury lawyers know that all too many crashes are caused by reckless or negligent drivers who act without regard for the safety of other people on the road. Sadly, the consequences of these accidents can be devastating to innocent victims who are simply unfortunate to be in the wrong place at the wrong time.

This week, a Missouri teen was charged with 11 criminal offenses after he allegedly fled from police and caused a fatal crash. According to the St. Louis Post-Dispatch, officers had been looking for 18 year-old William Gallagher, who was wanted in St. Louis County. They located Gallagher in a parking lot, behind the wheel of a stolen vehicle carrying several passengers, including one juvenile who had been reported missing in Franklin County. When officers instructed Gallagher to exit the vehicle, he instead backed up his vehicle and sped away, nearly running down a police officer and colliding with a parked vehicle in the process.

Witnesses said Gallagher drove the wrong way on a busy city street and eventually reached speeds of 85 miles per hour, traveling nearly three times the posted speed limit. After running several stop signs, Gallagher crashed into another vehicle at an intersection, killing 87 year-old Virginia Bedrosian and injuring two other passengers. He struck two more parked cars before getting out of his vehicle and fleeing the scene on foot. Officers found him and took him into custody shortly after.

KDSK reports that Gallagher has been charged with second-degree murder, second-degree involuntary manslaughter, second-degree assault on a law enforcement officer, tampering with a motor vehicle, and several counts of leaving the scene of an accident, armed criminal action and resisting arrest.

Continue reading "Fatal car accidents can lead to criminal charges, wrongful death claims" »

As Joplin personal injury lawyers, we know that drunk drivers threaten the safety of everyone on the road. Despite knowledge of the dangers, all too many drivers still choose to drink before they get behind the wheel. Often, these drivers cause serious car accidents with severe consequences for the drivers themselves and for their innocent victims.

Recently, a Utah teen was charged with multiple criminal offenses after police say he caused a fatal crash while driving under the influence. According to CBS News, 18 year-old Jean Soriano admitted he'd been drinking after he reportedly rear-ended a minivan in southeastern Nevada, causing it to spin out of control and roll over. Of the van's seven occupants, five were ejected from the vehicle and pronounced dead at the scene: 41 year-old Genaro Fernandez; 49 year-old Raudel Fernandez-Avila; 53 year-old Belen Fernadez; 45 year-old Leonardo Fernandez-Avila; and 13 year-old Angela Sandoval. Two other passengers survived the crash but were hospitalized. The family members were returning home after visiting a sick relative at a Denver hospital.

Soriano and a passenger were also injured in the accident, and investigators found empty beer bottles in his vehicle. Following the crash, a police officer spoke with Soriano and asked him how many beers he'd consumed prior to the accident. Soriano reportedly answered, "Too many." He is now charged with five felony counts of DUI resulting in death; two felony counts of DUI resulting in injury; driving without a license; and failure to reduce speed or use due care.

Alcohol use & its impact on driving performance

• Research suggests that even a small amount of alcohol can have a detrimental effect on driving-related skills. The Insurance Institute for Highway Safety reports that a driver's chances of causing a fatal crash increase right along with blood alcohol content (BAC). The risk increases "substantially" after a driver's BAC reaches 0.05%, and "climbs even more rapidly" after reaching the legal limit of 0.08%.

• Alcohol use directly affects several key skills associated with safe driving, including concentration, coordination, comprehension, judgment, reaction time, vision and hearing.

• It's not the type of alcohol consumed, but instead the amount, that determines a driver's level of impairment. A 12-ounce can of beer, a 4-ounce glass of wine, and 1.25 ounces of hard liquor all contain similar amounts of alcohol.

Continue reading "Drunk drivers threaten roadway safety in Joplin, Missouri & nationwide" »

As Joplin car accident lawyers, we know that rear-end collisions are one of the most common kinds of crashes. According to the National Highway Traffic Safety Administration (NHTSA), a rear-end collision happens about every eight seconds in the U.S. Though these accidents don't always appear to be serious, the consequences can be catastrophic. In this post, we discuss a few common myths related to rear-end collisions and their resulting injuries.

MYTH #1: There was only minimal damage to the rear-ended vehicle, so its occupants couldn't have suffered any serious injuries.

When it comes to whiplash, the severity of vehicle damage has little to do with the severity of the occupants' injuries. Rear-end collisions that only leave minor scrapes and dents on your vehicle can cause serious damage to your neck and spine.

MYTH #2: If you don't experience pain or any other symptoms immediately after a crash, you probably haven't sustained any serious injuries.

On the contrary, the symptoms of whiplash and other soft tissue injuries often don't appear right after an injury occurs. It may take hours or even days before you begin to experience symptoms associated with whiplash - and at that point, those symptoms may come and go, or grow more severe as time passes. That's why it's so important to be evaluated by a doctor immediately following a rear-end collision, even if you think you're not hurt.

MYTH #3: Recovering from a whiplash injury generally only takes about six to 12 weeks. Permanent injuries associated with whiplash are extremely rare.

Car accident victims who suffer from mild forms of whiplash may be able to recover within a period of weeks, but severe whiplash injuries are another matter entirely. These injuries, which often involve damages to the nerves, ligaments or spinal discs, can cause chronic pain or permanent disability, and they may also require surgery.

Continue reading "Rear-end collisions & whiplash injuries: Five common myths" »

Accidents involving semi-trucks are among the most dangerous collisions on Missouri roads, especially when they involve a smaller car or truck. In 2011 fatal two-vehicle crashes involving a semi-truck and a smaller passenger vehicle, 98% of those killed were passenger vehicle occupants. As Joplin truck accident lawyers, we know that large commercial trucks can become deadly weapons, especially when truck drivers operate their vehicles negligently. As a recent Midwestern accident sadly illustrates, the consequences of such accidents can be catastrophic and far-reaching.

Recently, three separate lawsuits were filed in connection with an Indiana semi-truck accident that killed two people and injured seven others. According to the Fort Wayne Journal Gazette, the crash happened in January on U.S. Highway 30 in New Haven. Authorities say the semi-truck driver, 50 year-old Scott Saunders, failed to stop as he approached an intersection and consequently rear-ended a line of vehicles, where traffic was just beginning to move after the stoplight turned green.

In all, five vehicles were involved in the accident, and two women - 65 year-old Suzanne Stephenson and 43 year-old Sandra Dealey - died of blunt force trauma. Stephenson and Dealey were traveling alone in separate vehicles, and both women were wearing their seat belts.

No criminal charges have been filed against Saunders, but local law enforcement officials continue to investigate the circumstances surrounding the incident. An initial investigation revealed that Saunders did not attempt to slow or stop his semi in the moments leading up to impact - no skid marks from the truck were found at the scene.

Saunders and his employer, Kutzler Express, are now facing three lawsuits for their role in the accident. Two are wrongful death suits filed by the husbands of Stephenson and Dealey. Stephenson's husband is seeking at least $75,000 in damages, while Dealey's husband is asking for funeral expenses, recovery of lost wages, and compensation for himself and her six children. One surviving crash victim, Marsha Sarrazin, has also filed a personal injury lawsuit seeking damages and legal costs, the Journal Gazette reports.

Continue reading "Fatal semi-truck accident leads to wrongful death lawsuits" »

Last week, a 20 year-old Missouri man was fatally injured when he was struck by an Amtrak train in Pacific as he walked home from work. The St. Louis Post-Dispatch reports that Zachary Brady was walking in the crushed rock alongside the tracks when the accident occurred. And since 2005, according to the Post-Dispatch, there have been three other train-related deaths and one injury near the same location. "People get used to the trains," said Pacific Police Chief Matt Mansell. "And they end up losing respect for them."

Train/ pedestrian accidents are not unique to Missouri - in fact, they're becoming a large safety concern nationwide. Consider these fatal accidents, which also occurred recently in other parts of the country:

• Fort Worth, TX: A 16 year-old was struck and killed by a train as he tried to cross the tracks with a group of friends. According to the Tarrant County News, Alejandro Garnica was trying to cross around a stopped train when he was hit by another train that approached on parallel track.

• Rancho Cordova, CA: A 47 year-old woman died when she was hit by a light rail train while walking her bicycle through a railroad crossing. Authorities say Lorie Christine Muma stepped onto the tracks even though the crossing's gate, alarm and lights were functioning at the time of the crash. The train's crew attempted an emergency stop, but they were not able to stop in time.

• Westmont, IL: A 31 year-old man was pronounced dead at the scene after being struck by a Metra train. Police say Eric Bennett was crossing the tracks at a marked crossing near the Westmont BNSF station when he was struck.

Avoiding Missouri train accidents: Tips and info for pedestrians

• Remember that railroad tracks are considered private property: if you're walking on the tracks, you're legally trespassing - and you're risking involvement in a train/pedestrian accident.

• A train can require as much as a mile to come a complete stop. If an engineer suddenly sees someone on the tracks, it's extremely unlikely that he or she will be able to stop the train in time to avoid a collision.

• Always use a designated crossing to cross train tracks. Never cross if the crossing's lights, alarm, or gate are activated, even if a train has just passed. Another train might be approaching on a parallel track.

• Be mindful that trains overhang tracks by at least three feet in either direction. Walking along the tracks can prove to be deadly.

Continue reading "Train/ pedestrian accidents on the rise in Missouri and throughout the U.S." »

Under Missouri law, all motorists are required to drive "in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life and limb of any person and shall exercise the highest degree of care." Unfortunately, many drivers fail to abide by this law. In fact, careless and negligent drivers often cause to car accidents that result in injury to innocent Joplin motorists. In this post, our Missouri personal injury lawyers discuss a few common reckless driving behaviors and recommend a few safety tips to help protect everyone on the road.

Examples of careless and negligent driving behaviors

• Excessive speed. Authorities say excessive speed is a factor in nearly a third of all auto accident deaths each year. Traveling too fast for conditions reduces the amount of time that a driver has to recognize and react to a roadway emergency. Speed also has a direct impact on the severity of a crash and resulting injuries: as the impact speed increases, so does the crash energy that needs to be managed - and a vehicle can only manage a limited amount of crash energy before occupant safety is threatened. Be sure to obey the speed limit and adjust your speed as needed for roadway, traffic and weather conditions.

• Fleeing from police. According to the National Highway Traffic Safety Administration, approximately 360 people die in high speed police pursuits each year. Innocent bystanders - drivers who just happen to be in the wrong place at the wrong time - account for a third of those deaths. If you see a vehicle being pursued, take immediate steps to get out of that vehicle's path.

• Passing emergency vehicles or school buses when their lights are flashing. When an emergency vehicle is displaying flashing lights or sounding its siren, Missouri state law requires that you yield the right of way to that vehicle and pull as far to the right as possible. If the vehicle is non-moving (for example, during a traffic stop or construction project), you must "move over" into an adjacent lane when possible. State law also requires that you stop for school buses when their stop sign is displayed, and when they stop at railroad crossings.

• Failing to obey traffic signals. It's just common sense: when drivers run stop signs or ignore traffic lights, the chances of a collision are greatly increased. All drivers should use extra caution when proceeding through intersections.

• Following too closely ("tailgaiting"). Use the three-second rule to ensure you have allowed enough distance between your vehicle and the one traveling in front of you. Tailgaiting is an extremely common cause of rear-end collisions, which often result in serious neck, shoulder and back injuries.

• Driving while impaired. Drivers who are drunk, drugged or drowsy are a serious threat to roadway safety. They are much less likely to recognize and react to the other vehicles traveling around them - and more likely to take risks. If you see a driver behaving erratically,

• Driving while distracted. When you drive, your sole focus should be the road. Don't let distractions (cell phones, electronic devices, passengers, food or drink, personal grooming or other tasks) to take your attention off the other vehicles traveling around you.

Continue reading "Avoiding Joplin car accidents: Common careless and negligent driving behaviors" »

It's hard to believe, given the major winter storm currently passing through Missouri, but spring will be here in a matter of weeks. As temperatures begin to warm, Joplin drivers can expect to see area motorcyclists getting back on their bikes once again. Since there isn't much motorcycle traffic during the winter months, many drivers have forgotten all about sharing the road with motorcycles by the time spring rolls around. In this post, our Missouri personal injury lawyers review some important motorcycle safety tips that all motorists should keep in mind this riding season.

Sharing the road: What drivers can do to reduce motorcycle accidents

• Be aware of motorcyclists traveling near you and respect their right to the road. Remember, under the law, motorcycles are entitled to the same rights and privileges as other kind of motor vehicles.

• Allow extra space for motorcycles. Always increase your following distance when traveling behind a motorcyclist. Motorcycles handle differently than other kinds of passenger vehicles, so it's essential to give riders plenty of room in case they need to swerve or stop suddenly. Also, importantly, a larger vehicle should not attempt to share a lane with a motorcycle. Though there may appear to be plenty of room, a motorcycle needs a full lane to maneuver safely.

• Signal your intentions. Always use your turn signals when you're preparing to make a turn, change lanes, or merge into traffic. Doing so will help motorcyclists anticipate your next move and respond accordingly.

• Expect riders to make sudden adjustments for roadway conditions. Hazards like loose gravel, uneven pavement and wet roads can be especially dangerous for motorcycles. Riders often need to change their speed or adjust lane position when they encounter these conditions.

• Always look twice. Many motorcycle accidents happen because other drivers simply don't realize a motorcyclist is there. It's paramount that you check your mirrors and your blind spots, especially at intersections and when making left turns. It just might save someone's life.

Continue reading "Preventing motorcycle accidents in Joplin: Keep safety in mind this spring" »

Car accidents are the leading cause of death among young people, both here in Missouri and throughout the United States. So, what factors place our young drivers at such an increased risk? The Centers for Disease Control's annual National Youth Risk Behavior Survey, which assesses health-risk behaviors among young people, sheds some light on the issue. Approximately 15,000 teens throughout the country participated in the survey, and the results were a mixed bag of good news and bad news. In this post, our Joplin personal injury lawyers discuss the survey's findings.

While teen drivers have shown "significant process" in areas like seat belt usage and drunk driving, distraction (particularly texting and emailing) remains a prominent risk factor. "We are encouraged that more of today's high school students are choosing healthier, safer behaviors, such as wearing seat belts, and are avoiding behaviors that we know can cause them harm, such as binge drinking or riding with impaired drivers," said Howell Wechsler, director of CDC's Division of Adolescent and School Health, in a news release. "However, these findings also show that despite improvements, there is a continued need for government agencies, community organizations, schools, parents, and other community members to work together to address the range of risk behaviors prevalent among our youth."

Significant Findings of the CDC's National Youth Risk Behavior Survey:

• Over the last 20 years, the number of teen drivers who never or rarely wear seat belts has dropped dramatically (from 26% in 1991 to 8% in 2011).

• Within the same time period, the number of teens who admitted to riding with a drunk driver also declined (from 40 to 24).

• Only 8% of teen drivers said they had driven a vehicle after drinking alcohol within the last 30 days, compared to 17% in 1997.

• About 1 out of 3 teens (32.8%) said they had sent at least one text message or email while driving within the last 30 days.

In 2012, U.S Transportation Secretary Ray LaHood called texting and driving "an epidemic" when he released a new "Blueprint for Ending Distracted Driving" from the National Highway Traffic Safety Administration (NHTSA). The Blueprint outlines a practical, comprehensive strategy to reduce distracted driving accidents throughout the country. "We need to teach kids, who are the most vulnerable drivers, that texting and driving don't mix," LaHood said at a news conference.

Secretary LaHood also announced that Delaware and California will receive $2.4 million in federal funding for pilot projects [link to] designed to discourage distracted driving. These projects will be modeled after recent initiatives in Hartford and Syracuse, which proved to be extremely successful: texting and driving declined 32% in Syracuse and 72% in Harvard following those efforts.

Continue reading "Missouri teens more likely to wear seat belts, drive sober, but 1 in 3 admit to texting & driving" »

As our Joplin personal injury lawyers know, collisions involving motor vehicles and pedestrians can have devastating consequences. According to the National Highway Traffic Safety Administration, 4,280 pedestrians were killed and an estimated 70,000 more were injured in 2010 traffic accidents throughout the United States. In this post, we share some safety tips for Missouri pedestrians and drivers alike. To ensure we all arrive safely at our destinations, it's essential that we work together to share the road.

Traveling by foot: Safety tips for Missouri pedestrians

• When waiting to cross the street, be sure you keep a safe distance from the roadway.

• Always look both ways before you cross. This advice might seem like basic common sense, but it's a simple step that pedestrians often overlook - and it just might save your life.

• Only cross the street at intersections, and use marked crosswalks whenever possible. Doing so makes it much easier for drivers to see you.

• Never "jaywalk" or dart into traffic unexpectedly. Objects along the roadway - other vehicles, trees, hedges, etc. - can obscure a driver's vision.

• Don't assume that a driver sees you. Even if you have the right of way in a crosswalk, you should proceed across the street with caution, just in case.

• Make yourself visible. Wear brightly colored clothing and use reflectors or a flashlight if you must commute by foot after dark.

• Use sidewalks when possible - if there is no sidewalk, it's generally safer to walk facing traffic.

• It can be extremely dangerous to cross multi-lane roads, where traffic tends to be thicker and speed limits tend to be higher. Take extra precautions if you must cross the street in these conditions.

• Review pedestrian safety tips with children, especially if they regularly cross the street on their own. The website safekids.org offers several useful resources for parents of young pedestrians.

Continue reading "Safety tips for pedestrians & drivers in Joplin, Missouri" »

Recently, a Kansas man narrowly escaped life-threatening injury when a police officer dragged him from a cement truck that had overturned on the train tracks. KWCH 12 Eyewitness News reports that the truck driver, Isaac Sullivan, was attempting to make a right turn when his fully-loaded cement truck rolled over onto the tracks. Knowing a train was approaching, a sheriff's deputy responded to the truck accident and worked to extricate the driver from the truck with less than 2 minutes prior to impact. The deputy, John Scaglione, was able to pull the driver free through the windshield. Both men made it to safety mere seconds before the train struck the truck.

In the end, Sullivan suffered a hairline fracture to his collarbone and a torn rotator cuff. But it could have been so much worse. After the incident, he reportedly told Deputy Scaglione that he was having a bad day. The deputy's response? "I said no you're not, you're having a great day. You flipped a cement mixer, you lived through that, the cement mixer got hit by a train and you lived through that. To me, that's a great day," Deputy Scaglione said.

Rail safety: Facts for Missouri drivers

• Drivers are 20 times more likely to die in collisions involving trains than in accidents involving other passenger vehicles.

• Trains often appear to be moving more slowly than they actually are. Remember that freight trains travel as fast as 60 miles per hour, while passenger trains can move even faster - up to 80 miles per hour. Always assume a train is closer to you and moving faster than it appears to be.

• According to the National Safety Commission, "[a] single locomotive weighing 432,000 pounds traveling at 35 mph will impart a collision force on a car of 885,000 tons of force. In order for an average car to impart that kind of crash force it would have to be traveling more than 4,200 mph."

• An average train going 55 miles per hour can require more than a mile to stop. By the time an engineer sees a vehicle on the tracks, it's extremely unlikely that he or she will be able to stop the train in time to avoid a collision.

• In Missouri, all public railroad crossings are equipped with a tag bearing the name of the railroad company, an identification number, and a toll-free phone number. If an accident happens on the tracks, call the number as soon as possible: if a train is coming, every extra second matters.

• If your vehicle stalls on train tracks, get out immediately. If a train is approaching, you should walk away from the tracks at a 45-degree angle. Be sure to walk into the direction the train is coming from - if you attempt to run away from the train, you could be seriously injured by flying debris when the train strikes your vehicle.

Continue reading "Driver narrowly escapes catastrophic injury when cement truck overturns on train tracks" »

It's no secret that driving under the influence is extremely dangerous, often resulting in injury to innocent people who are simply in the wrong place at the wrong time. In this post, our Joplin car accident lawyers share 10 facts about alcohol use and its impact on roadway safety.

1. The effect of alcohol use on an individual varies from person to person and depends on several different factors, including gender, weight, amount of fat tissue, and stomach contents. Some people become impaired more quickly than others.

2. It's the amount of alcohol you drink that determines your impairment, not the type of alcohol. A standard drink is 12 ounces of beer, 5 ounces of wine, or 1.5 ounces of 72-proof liquor - all of these contain about the same amount of alcohol (approximately 0.54 ounces).

3. The only way to sober up is to wait: the average individual metabolizes about one drink per hour. All those tricks you've heard about - eating, drinking coffee, taking a cold shower, etc. - will not make you sober any faster.

4. Alcohol use has proven to impair driving performance in numerous ways, including slowing your brain functions (making it more difficult to assess and respond to driving situations); reducing your ability to judge speed and distance; and limiting your ability to perform one than one driving task at a time (steering, scanning traffic, etc.).

5. The Insurance Institute for Highway Safety reports that a driver's chances of causing a fatal crash increases steadily with blood alcohol content (BAC). Crash risk spikes dramatically after a driver's BAC reaches 0.05%, and continues to rise even more rapidly after reaching 0.08% (the legal limit).

6. More than 1.4 million U.S. drivers were arrested for driving under the influence in 2010. Sadly, the Centers for Disease Control (CDC) says that's only about 1% of the 112 million episodes of self-reported drunk driving that occur each year.

7. Nearly 30 Americans are killed in alcohol-related accidents every day, which amounts to a drunk driving death every 48 minutes.

Continue reading "Driving under the influence: Facts and statistics for Joplin, Missouri drivers" »

Rear-end collisions are a common cause of soft tissue injuries in the neck and back, particularly whiplash. Whiplash is caused when "an abnormal motion or force applied to the neck that causes movement beyond the neck's normal range of motion." This movement commonly results in damage to the ligaments, tendons and muscles in the neck: in fact, an estimated 120,000 people suffer from whiplash every year. In this post, our Joplin personal injury lawyers discuss three common myths that surround rear-end collisions and injury victims.

Myth: Rear-end collisions only pose a threat to vehicle occupants when they occur at high speeds.

In fact, low-speed collisions, which occur at speeds ranging from one to 25 miles per hour, can cause debilitating injuries with long-term consequences. A study published in the Australian Family Physician found that "[it] is wrong to assume that maximum neck injury occurs in a high-speed collision; it is the slow or moderate collision that causes maximum hyperextension of the cervical spine. High-speed collisions often break the back of the seat, thus minimizing the force of hyperextension."

Myth: Rear-end collisions that result in minor vehicle damage don't cause serious injuries.

The level of damage to your vehicle is not necessarily indicative of the extent of your injuries. Medical studies have demonstrated that "high impact forces are transmitted directly to the occupant in low-speed impacts and that the vehicle does not begin to crush until impact speed exceeds 15 or 20 mph." In other words, your body is subjected to abnormal force when a rear-end collision occurs at low speeds, meaning you can suffer a neck injury even if your vehicle isn't badly damaged.

Myth: If you don't experience symptoms immediately following a collision, you probably aren't injured.

This is especially false when it comes to rear-end collisions and soft tissue injuries like whiplash. Symptoms of these injuries may not appear until hours or even days after an accident, which is why it's essential to seek medical treatment immediately, even if you don't think you're injured. Symptoms may also appear, go away, and then return again - and grow more severe - within a few days. People who suffer from whiplash may experience neck pain or stiffness, headaches, numbness and tingling, dizziness, difficulty concentrating, blurred vision, and ringing in the ears, among other symptoms. Victims can recover from minor whiplash injuries within a period of a few weeks, but more serious cases of whiplash can result in chronic pain and permanent disability.

Continue reading "Whiplash: A common consequence of Missouri rear-end collisions" »

Our Joplin personal injury lawyers know all too well just how dangerous bus accidents can be. In recent months, a series of tour bus accidents have resulted in numerous passenger deaths nationwide. In August, In October, a Megabus bound for Missouri struck a concrete bridge support on Interstate 55 in Illinois, injuring nearly four dozen passengers and killing one woman - a Mizzou student en route to Columbia. And in October, another tour bus crashed in Arizona, leaving the driver dead and several passengers injured.

Then, on December 30, a tour bus plowed through a guardrail on an icy Oregon highway and plunged down a 200 foot ravine, killing nine people and injuring 39 others. The bus company, Canada-based Mi Joo Tour & Travel, has since been under investigation by the Federal Motor Carrier Safety Administration (FMCSA), the National Transportation Board (NTSB), and Canada's Ministry of Transportation. Officials have indicated that the investigation could take several weeks to complete, but here are some of the preliminary findings:

• The bus company has a record of safety violations. In 2010, Mi Joo Tour & Travel received 11 federal citations for 11 serious violations, and the company was also cited for eight serious violations in 2011. The violations included failing to incorporate alcohol and drug testing programs for drivers; failing to perform required background checks on drivers; and failure to perform regular inspections on their buses' emergency features.

• At the time of the crash, the bus driver had been on duty far longer than the maximum allowed by federal law. According to a FMCSA news release, "Mi Joo Tour & Travel failed to take basic measures to ensure that its drivers are properly rested for safe vehicle operations and has established a pattern and practice of scheduling and dispatching drivers on trips without regard to hours of service requirements." The company has since been ordered out of service by both the U.S. Department of Transportation and the Canadian Ministry of Transportation.

• In a statement, the attorney representing Mi Joo Tours said "black ice was a significant factor" leading up to the fatal accident. The accident also occurred on a stretch of highway which is known to be treacherous in snowy or icy conditions.

The investigation continues, and we don't yet know what other factors may have been involved. At present, however, it appears that a combination of poor roadway conditions and driver fatigue may have contributed to the wreck. In particular, the latter has been a focus for safety officials in recent years. "Look at a lot of the major bus crashes in the last couple of years and you'll see that fatigue--or too many hours behind the wheel--has contributed to most of those crashes," Stephen A. Keppler, executive director of the Commercial Vehicle Safety Alliance, told the Wall Street Journal.

As you can see, under certain circumstances, bus accidents can be catastrophic. These accidents can also be extremely complicated from a legal perspective, given the number of parties involved. In many cases, it's wise for injury victims to seek legal advice to ensure their rights and interests are protected.

Continue reading "Driver fatigue, poor road conditions contribute to fatal bus accidents in Missouri, nationwide" »