Joplin Car Accident Lawyer Blog

Our Joplin, Missouri car accident attorneys have noticed that several recently reported fatal accidents share a common factor: many of them were caused by lane departure due to driver error. Sometimes these accidents happen when drivers - for whatever the reason - enter divided highways when they're traveling the wrong way. And sometimes the lane departure is just a momentary lapse, a short loss of focus (perhaps caused by a glance down at a cell phone) that causes a driver to veer into oncoming traffic.

Either way, these accidents can have catastrophic consequences: each of these head-on (or near head-on) collisions caused serious injuries and fatalities. Last week, we learned about a terrible head on crash near Tuscumbia, which claimed the lives of a young couple and their 3 year-old son: the only survivor in their vehicle was 2 day-old Gabriel Wilcox, who was thrown from the car. Over the weekend, there were other similar accidents reported, including one right here in Joplin:

March 2: Bowling Green, Ohio
3 young women were killed (and another 2 were seriously injured) by a driver traveling the wrong direction on the interstate. Law enforcement reports indicate that 67 year-old Winifred D. Lein had been driving on the wrong side of the divided highway for at least 7 miles when she hit a vehicle head-on. That vehicle was carrying 5 Bowling Green students - sorority sisters, heading to the airport to depart for spring break. Rebekah Blakkolb, 20; Christina Goyett, 19; and Sarah Hammond, 21 died in the accident: the 2 surviving passengers remain hospitalized.

Lein, the at-fault driver, was pronounced dead at the scene. She wasn't carrying any passengers. Ohio state troopers continue to investigate how and why she came to be traveling on the wrong side of the road. "I don't think the college girls ever saw it coming," said Wood County Sheriff Mark Wasylyshyn. "Nothing they could've done to avoid the crash."

Continue reading "Lane Departure Accidents Commonly Cause Serious Injuries in Joplin, Missouri and Nationwide" »

Collisions between cars and trains are very serious: because of the speed and weight of an oncoming train, these accidents cause serious injuries and fatalities more often than not. Typically, the occupants of the car are the most vulnerable, but if a train is carrying passengers, a collision can pose a risk to those occupants as well. It is imperative to follow safety precautions to avoid Missouri car - train accidents.

According to the Missouri Department of Transportation (MoDOT), Missouri is home to 4,400 miles of main track; 2,500 miles of yard track; and nearly 7000 crossings, or points where track intersects with various roadways. Many of these crossings are visibly marked with lights, bells, signs, and crossing arms that lower when a train is approaching: these intersections are "controlled." However, there are also several intersections - especially in more rural areas - that are "uncontrolled," meaning these crossings may only be marked with white crossbucks signs.

In recent years, several Missouri car - train collisions have occurred at uncontrolled intersections, usually when motorists drive directly into the path of an oncoming train. Sometimes this happens because drivers foolishly expect to beat the train: from a distance, trains often appear to be moving much slower than they actually are. However, a fair number of these accidents happen because drivers simply don't see the train coming.

Maybe it sounds unbelievable - after all, trains are big and loud - but without the benefits of a controlled intersection, a driver might fail to notice an oncoming train for several reasons:

• In rural areas, trains may pass through a certain crossing infrequently, or only at certain times of day: thus, residents don't expect to see a train, and they simply become accustomed to driving through the intersection without stopping.

• If your windows are up (and especially if there's noise inside the vehicle, like loud passengers or music), it is absolutely possible that you will not hear an approaching train.

• Car - train collisions are sometimes caused when a driver waits patiently for a train to pass, and is then struck by a second train coming the opposite direction, or on another track.

Continue reading "Car - Train Collisions Cause Serious Injuries and Fatalities in Joplin and Throughout Missouri" »

If you've been injured in a Missouri car, truck, or motorcycle accident, the owner of the vehicle, in addition to the driver, may be liable for your injuries. This might sound surprising, but it's true. Under certain circumstances, vehicle owners can be held responsible for what other drivers do (or don't do) in their vehicles, even if the owner is not present at the time of the accident.

Negligent Entrustment
In some states, when you loan your car to another driver, as the owner, you're automatically liable for any damages that driver might cause. However, in other states - including Missouri - negligent entrustment must occur for liability to attach to a vehicle's owner, if that owner wasn't behind the wheel. For example, if a car owner lends his or her car to someone who is drunk, ill, unlicensed, or otherwise unfit to drive, the owner can be held liable for injuries and damages, because he negligently entrusted the vehicle to an unsafe driver.

There is a 4 prong approach to establishing negligent entrustment under Missouri law:

"(1) the entrustee was incompetent by reason of age, inexperience, habitual recklessness or otherwise;
(2) the entrustor knew or had reason to know of the entrustee's incompetence;
(3) there was entrustment of the chattel; and
(4) the negligence of the entrustor concurred
with the conduct of the entrustee to cause plaintiff's injuries."

In other words, negligent entrustment applies if all four of these points can be proven:

• The driver of the car was incompetent to drive for any reason.
• The owner of the car knew (or had reason to know) of this incompetence.
• The owner lent the driver his/her car.
• The driver's incompetence caused injuries to another individual.

Continue reading "Negligent Entrustment: Vehicle Owners Can Be Liable for Webb City Car Accidents" »

Aggressive driving is no joke. In fact, these poor driving habits are now a common contributor to car accidents in Joplin, Lamar, Carl Junction and elsewhere in Missouri. According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving is when a driver commits a number of driving offenses that endanger other people of property.

The NHTSA has recently been working with prosecutors and law enforcement agencies to help reduce these aggressive and dangerous driving habits in an attempt to reduce the risks on our roadways.

Our Joplin car accident attorneys understand that aggressive driving habits can include following too closely, speeding, not using signals and other actions that we are all guilty of from time to time. We also understand that there is another level of aggressive driving, which we refer to as road rage, that typically involves assault or other criminal offenses.

The AAA Foundation for Traffic Safety offers these tips to help you avoid being the victim of an enraged driver:

• If you encounter an aggressive driver, try not to react. You are urged to avoid making eye contact. Keep your driving pattern smooth. Avoid accelerating, braking or swerving.

• If you find yourself in congested traffic with an enraged driver, lock your car doors and keep the windows up.

• If you're in stopped traffic, leave enough space to be able to pull out from the car you're following.

• If someone tries to get into your vehicle, honk your horn or sound your personal alarm to attract attention.

• If you're being harassed by a driver or think you're being followed, drive to the nearest police station or busy place to get help. Do not take matters into your own hands.

• Keep your distance and stay away from the aggressive driver.

• Don't start a fight.

• Ignore their "friendly" gestures. Do not return the favor as it will only add fuel to their fire.

Continue reading "Aggressive Driving Increase Risks of Car Accidents in Pierce City -- Especially during Summer Months" »

Hit and run accidents are in the news on an almost daily basis. Our Joplin, Missouri car accident attorneys were astounded at the number of headlines, just from the last week:
"Deadly Hit and Run Driver Speaks"--June 8
"Pedestrian dies in Denver hit-and-run crash"--February 21

"Florida Highway Patrol seeks hit-and-run driver who fled fatal crash"--February 20

"Mother of 1-year-old killed in hit and run after getting out of her car"--February 20

"Hit-and-run driver drags man in Richmond"--February 20

"Missouri State Highway Patrol investigating hit-and-run on Highway 34"--February 16

These headlines come from all around the country, and in fact one Google search turned up many more than these. Whether the perpetrators of these crimes are drunk drivers, or people who simply panic, one thing is certain--responsibility for one's actions seems to be on the decline--which, accordingly, means that hit and run accidents are on the rise.

Between 1999 and 2001, the number of hit and runs jumped 19%. As if that wasn't bad enough, the rate of hit and run car accidents has been rising steadily since 2003. These auto accidents are not limited to vehicle against vehicle collisions: they just as frequently involve unsuspecting pedestrians who have literally no way of avoiding the accident or protecting themselves. One out of every 5 pedestrians killed die from a hit-and-run, according to the National Highway Traffic Safety Administration. (NHTSA)

What is causing this hit and run epidemic? Our attorneys have heard various theories:

1. The economy is bad, and many people are driving without insurance, or without licenses. The AAA Foundation of Traffic Safety found that 21% of all fatal crashes from 1993-1999 involved drivers with no valid license. The study also found that unlicensed drivers are 66.36 times more likely to be a hit-and-run driver than a licensed driver.

No one actually knows how many unlicensed drivers are currently on the road nationwide, or even in Joplin, but the national numbers are estimated in the millions. This leads to the second possible reason:

Continue reading "Hit and Run Accidents Increasing Nationwide: Joplin, Missouri Not Spared " »

Our Neosho, Missouri car accident attorneys frequently write about the dangers posed by drivers under the influence. Drivers should know, however, that some Missourians are finding new ways to become impaired. Law enforcement continues to express concern about a growing threat to roadway safety: synthetic drugs, including substances like "herbal incense" and "bath salts," which mimic the effects of illegal drugs like marijuana and cocaine. What's especially troubling is that many of these substances are readily available (in smoke shops and online); legal for purchase; and increasingly popular with teenagers (who are already a high risk group for car accidents).

Last Sunday, three Neosho stores were burglarized, and the only items stolen were packages of herbal incense. Then, in the week that followed, there were two incidents in Neosho involving teens and herbal incense. First, an 18 year-old man was arrested for child endangerment after he gave two teenagers herbal incense to smoke. When emergency responders answered a call about a possible drug overdose, they discovered the two young women (age 15 and 16) vomiting and "in an altered state of mind." They were taken to the hospital. A second medical call - this one from Neosho Junior High - was also connected to synthetic marijuana, law enforcement suspects.

In the last year, there have been several troubling incidents in the Midwest that are linked to these substances. Here are just a few examples:

• Auroro, IL: A 19 year-old man died last summer when he crashed his car into a house after smoking synthetic marijuana. Earlier that day, Max Dobner called his brother and said he was having a panic attack after smoking "potpourri." Dobner's brother advised Max to take a shower and lay down, but Max instead got behind the wheel.

• Rogersville, TN: A 25 year-old woman was arrested after she wrecked her car while being pursued by police, injuring herself and her two passengers. Mandy Jane Davis is currently facing 14 criminal charges, including reckless endangerment and possession of synthetic marijuana. Police found 5 packages of the substance in Davis' vehicle, along with a fully loaded .22-caliber pistol that Davis tossed out the window during the chase. Her passengers told police that they feared for their lives, and pursuing officers reported that Davis was driving aggressively and erratically, swerving at patrol cars and slamming on her breaks, attempting to cause a crash.

• Battlefield, MO: 32 year-old Jason Nossoughi died suddenly after police arrested him in the Battlefield city park. Police found Nossoughi acting strangely, dressed only in his underwear, and suspected that he had also tried to break into city hall. Nossoughi resisted, and police used pepper spray and Tasers to no effect. It took four officers to subdue him, and he was taken to the hospital. He was "conscious and alert" in transport, police reported, but then he died suddenly less than two hours later. An autopsy found high levels of bath salts in his system.

Missouri has twice attempted to ban synthetic marijuana and "bath salts": the most recent law took effect in late August 2011. Unfortunately, law enforcement has found that the new legislation is just as problematic as the original. According to Springfield Police Chief Paul Williams, manufacturers of these substances simply alter the ingredients slightly: "They come up with a different type of drug or a different way of packaging it or a different way of presenting it," Williams says. Manufacturers also place a "not for human consumption" label on the packaging, which affords them additional legal protection.

Continue reading "Synthetic Drugs Like "Herbal Incense" and "Bath Salts" a Continuing Problem for Drivers in Neosho and Throughout Missouri" »

One of the first lessons a new driver learns is to watch out for pedestrians. However, our Joplin, Missouri car accident attorneys want to remind you that pedestrians aren't always children playing or people walking their dogs in residential neighborhoods. Sometimes, pedestrians turn up in unexpected places--like busy highways.

On February 10, a 27 year-old man was killed in Joplin after he exited his vehicle following a single-car accident. Seneca Mathews, of Miami, OK, exited westbound I-44 onto Highway 43 (Exit 4), and failed to negotiate the curve on the ramp. His car spun out, left the roadway, and came to rest in the grass median. Mathews was uninjured, so he left his vehicle and walked to the top of the ramp: Joplin police believe that he meant to walk to the nearby Petro Truck Stop and ask for help. But then, as he attempted to cross the road, he was struck by a pickup truck.

Mathews was pronounced dead at the scene. The driver of the pickup, 22 year-old Alan Pink of Joplin, was arrested for suspicion of driving while intoxicated. The Joplin Police Department is continuing to investigate the accident, according to Sergeant Rusty Rives: "At this point, what we'll do is try to gather up all our information," Rives said. "We'll try to locate witnesses, there's supposedly another person in the car. I believe we just found them. So we'll go back and interview all the witnesses and all the people involved and we'll try to recover data from the vehicles to trace their steps back throughout the night."

To read the Joplin Police Department's press release regarding this accident, click here.

Last November, the Missouri Department of Transportation (MoDOT) launched the "Be Safe, Be Seen" campaign in response to the rising number of pedestrian fatalities statewide. For obvious reasons, car/pedestrian collisions almost always cause injuries and/or fatalities. According to the Missouri Highway Patrol, 25.4% of Missouri traffic accidents caused injury or death in 2010, while 91% of car/pedestrian collisions resulted in serious injury or death. Nationwide, about 16% of pedestrian fatalities occur on or near freeways.

Continue reading "Pedestrian Killed on I-44 in Joplin, Missouri; Driver Arrested on Suspicion of DWI" »

Normally, when we worry about car accidents, we're thinking about the dangers caused by other drivers. However, our Missouri personal injury attorneys know that single vehicle accidents are common here in Joplin and our state - and these accidents often cause serious injuries and fatalities.

The National Highway Traffic Safety Administration (NHTSA) reports that nearly half of fatal crashes involving 16 year-old drivers only involve one vehicle. What's more, single vehicle rollover accidents cause more fatalities than any other kind of accident, because they commonly cause head injuries and/or occupant ejection. Drivers and passengers are equally vulnerable.

Typically, single vehicle accidents are road departure accidents caused by driver error, although this category also includes collisions with roadway debris, and with animals. There are multiple driver behaviors and influences that can cause such accidents, including speed, distraction, and/or intoxication. According to a report from the National Cooperative Highway Research Program, single vehicle crashes can also be caused by certain environmental and roadway factors, such as inclement weather, narrow lanes and shoulders, and sharp curves.

Last Friday, there were 3 separate single vehicle accidents in the Joplin area:

West 32nd Street & Ashwood Drive (Joplin)
Details surrounding this accident remain unclear. According to a press release from the Joplin Police Department, 35 year-old Ryan Parker and 40 year-old David Sage were killed in a single vehicle accident at 2:04 a.m.. Both men were thrown from the vehicle and pronounced dead at the scene. The other occupant of the vehicle, 34 year-old Richard Tibbets, was hospitalized with minor injuries. Police continue to investigate.

Missouri Highway 59 (south of Anderson)
At 8:45 a.m., 71 year-old Virginia E. Jackson was traveling north on Highway 59 when her pickup truck ran off the road. Jackson overcorrected, and struck a bluff. She was taken by helicopter to Freeman Hospital West, but she later died as a result of her injuries.

Missouri Highway 54 (west of Nevada)
At 3:04 p.m., 49 year-old Susan Thornton was injured in a single car accident in Vernon County. Thorton was westbound and lost control of her car due to wet pavement. The vehicle left the roadway and struck a guardrail: Thornton was taken to Nevada Regional Medical Center by ambulance. Her vehicle was totaled.

Continue reading "3 Single Vehicle Accidents On Same Day Cause Injuries, Fatalities Near Joplin, Missouri" »

Parents want to protect their children: it's our strongest instinct and our top priority. If your children are still small, make sure you're familiar with child restraint guidelines, which are issued by the National Highway Traffic Safety Administration (NHTSA) to help protect your child in the event of a car accident in Webb City, Nevada and Anderson. The NHTSA now categorizes the use of various types of child restraints according to height and weight, rather than by type of child seat or age of the child. These new recommendations are part of an effort to keep up with the latest scientific and medical research, as well as the development of new child restraint technologies.

Our Joplin car accident attorneys remember the days when children advanced to new car seats strictly based on age. That's ancient science now. Kids are now to be placed in a car seat that corresponds with their size and weight. Now parents and caregivers are urged to keep their young passengers in each restraint type, including rear-facing, forward-facing and booster seats, for as long as they can before moving them to the next kind of seat.

NHTSA suggests that parents secure their children in rear-facing seats for as long as they meet the weight and height limits of that particular car seat. Rear-facing child safety seats reduce stress to the spinal cord and neck in the event of an motor-vehicle accident, which is essential for infants. The American Academy of Pediatrics concurs, advising that parents keep their children in rear-facing seats until the child has either turned two or exceeded the weight and height limits of the child seat. They now report that there is no need to hurry to advance a child to the next restraint type.

"Safety is our highest priority," said Transportation Secretary Ray LaHood. "The 'best' car seat is the one that fits your child, fits your vehicle and one you will use every time your child is in the car."

Here are the specific terms of Missouri's Child Restraint Law, RSMo 307.182:

• Children younger than 4 (or weighing less than 40 pounds) must be in an appropriate child safety seat.

• Children aged 4-7 weighing at least 40 pounds must be in an appropriate child safety seat or booster seat (unless they weigh more than 80 pounds, or are taller than 4'9").

• Children older than 8 are required to be secured by a safety belt or buckled into an appropriate booster seat.

Continue reading "Appropriate Safety Restraints are Essential for Young Passengers in Webb City, Missouri and Nationwide" »

As proud members of the Joplin community, our Missouri car accident attorneys have marveled at the strength and character of our friends and neighbors as we've watched our city rebuild. We're pleased to report another effort in that rebuilding - one that will help keep Joplin drivers safe on local roadways.

Last week, the Missouri Department of Transportation (MoDOT) held a public meeting in Joplin to discuss the rebuilding of the Interstate 44 - Range Line Road interchange. MoDOT has proposed a 2012-2013 project to construct a diverging diamond intersection in that location, just south of where the tornado struck. The new intersection would replace the old I-44 bridges that pass over Range Line Road, converting them to a diverging diamond underneath the highway. The project would begin this year, and wrap up in late 2013.

Diverging diamonds are relatively new interchange designs, geared toward improving traffic flow by doing away with "open" left turns. The first diverging diamond constructed in the United States is located in nearby Springfield, Missouri, at I-44 and Kansas Expressway (Highway 13). While local drivers were initially resistant to the crisscrossing design, MoDOT found that the new style serves two very important functions: (1) it stops traffic from backing up because drivers are waiting on left turn signals, and (2) it's cost-effective. It took less than half a year to convert the intersection, and the cost was about $3 million. Compare that to the construction of more traditionally designed intersections, which typically take 2 or more years to build and cost approximately $10 million.

What's more, diverging diamonds are safer than other kinds of intersections. According to Michael Trentacoste, of the Federal Highway Administration (FHA), "From a safety standpoint, we knew there would be less conflict points. You have traffic that wasn't going to be crossing in front of oncoming traffic, because traffic is moved to the left." The term "conflict points" refers to the places in an intersection where a collision is possible. There are 26 conflict points in a traditional intersection, but only 14 in a diverging diamond.

Continue reading "MoDOT Proposes Diverging Diamond Intersection to Reduce the Risk of Joplin, Missouri Car Accidents" »

Our Joplin, Missouri car accident attorneys want parents of teen drivers to know about a new product designed to reduce the risk of teen crashes and promote responsible driving practices. iTeen365 is an electronic GPS system that keeps track of a vehicle's location and speed, providing regular updates every 3 minutes. According to Joe McBreen, the CEO of iTrack365, "When parents are in the car with their teenager, they tend to drive more cautiously. So, if they are aware that a device is in their car and their parents are watching them, they do tend to drive a little bit more cautiously."

iTeen365 is powered by the ignition and battery source of the vehicle it's attached to: it's tamper-proof and will not lose power once it's been turned on. The device is professionally installed behind the dashboard, and produces various reports that can be accessed in different formats, like spreadsheets and pdf documents. These reports can be customized according to the user's preferences: parents can track a teen driver's speed, and view a map of the vehicle's path. Users can also create a "geo fence report," which essentially creates an electronic boundary around an area. If the vehicle crosses the geo fence, users will receive an email notification, alerting them when the vehicle enters and/or exits the fenced-in area.

For more information about iTeen365 service plans and fees, click here.

While teenagers usually don't react well to being monitored, McBreen says the device can actually provide a sense of freedom to teens, while providing parents with a sense of security. He says iTeen365 "[creates] peace of mind for the parents of the teen drivers, and also [creates] independence for those teenagers, which most teenagers want."

One teenager - Cory Bledsoe, president of Kickapoo High School's SADD (Students Against Drunk Driving) chapter - said she would probably feel "intruded on" if her parents chose to equip her vehicle with the device. However, she also admitted that "I wouldn't speed as much; I probably wouldn't adjust the radio as much, or play with my iPod as much." Her SADD faculty sponsor, Wendell Hawxby, points out that such a system would help keep parents informed about all aspects of their teens' driving behavior, both negative and positive. Hawxby says that teen drivers who make responsible choices ought to be encouraged and praised.

Continue reading "iTeen365 Aims to Promote the Safety of Teen Drivers in Joplin and Throughout Missouri" »

Our Carthage, Missouri car accident attorneys are pleased to see the media giving so much recent attention to the dangers of texting and driving. We hope the message sinks in for drivers in Missouri and nationwide: this issue is not to be taken casually. Did you know that nearly 80% of all car accidents are caused by distracted drivers, killing approximately 6,000 people each year?

By now, most people have probably seen some of the numerous studies that illustrate the dangers of texting while driving: we know it causes car accidents and frequently results in injury and death. But other electronic devices affect the brain in the same way. For example, handheld GPS usage is a major contributor to distracted driving related collisions. It may seem ironic that a handheld GPS can be a driving hazard: after all, it was designed to help drivers arrive safely at their destinations. However, it can also be a distraction, if it takes a driver's mind away from the road. Likewise, ipods, mp-3 players, tablets, and other similar devices can drastically impair a driver's perspective.

Staying Safe: A Few Awareness Tips for Drivers

• When you drive, let driving be your only task. Don't plan to focus on any other activities while you're behind the wheel, no matter how small.

• Drive defensively. Be on the lookout for distracted drivers: driver who don't appear to see you, who are veering in and out of tlanes, who are failing to obey traffic signals, etc.

• Pull over to send a text, or have a passenger text for you.

• Pull over to use a handheld GPS or map or have a passenger check it for you.

• Pull over to make and take an important call, even on a hands-free device.

• Secure pets and children. If needed, pull off the road to provide attention and care.

• Don't put on makeup when you're driving.

• Don't eat or read when you're driving.

• Don't drive when you're tired or have been drinking.

• Don't drive when you're highly upset.

Continue reading "Eliminate Distraction: Tips to Avoid Distracted Driving Accidents in Carthage and Throughout Missouri" »

In 2010, more than 200 people were killed and nearly 1,000 more sustained serious injuries in car crashes involving a drunk driver in Joplin, Wheaton, and across Missouri, according to the Missouri Coalition for Roadway Safety.

Auto accidents involving drunk drivers differ from other car accidents because drunk driving is against the law, and causes accidents that would have been otherwise preventable. Also, accidents caused by drunk drivers often result in catastrophic injury or wrongful death.

Victims or family members of people injured or killed in Joplin, Missouri car accidents caused by drunk drivers may be able to seek compensation for their damages. In some cases, injured parties may even have a cause of action against the bar or restaurant that served the drunk driver before he got behind the wheel. Under Missouri statutes traditionally known as dram shop laws, these establishments can be held liable for over-serving already intoxicated customers, underage drinkers, and other patrons.

In short, Missouri Statute 537.053 states that a claim may be brought by or on behalf of any person who has suffered personal injury or death, against any person licensed to sell alcoholic beverages for consumption on the premises--if it can be shown that the seller knew (or should have known) that alcohol was served to a person under the age of twenty-one or to a visibly intoxicated person.

Continue reading "Joplin, Missouri "Dram Shop" Laws Give Additional Recourse To Victims Of Car Accidents And Wrongful Deaths Caused By Drunk Drivers" »

When pursuing a personal injury claim related to a car crash, a crucial part of the process involves establishing liability. It's essential that our Webb City, Missouri auto accident attorneys can determine conclusively which party (or parties) caused the collision. In some cases, this step isn't overly complicated. For example, if a driver runs a red light or veers onto the wrong side of the road, and an accident occurs as a result, then it's fairly easy to demonstrate who is responsible--personally, legally and financially. However, there are other situations when establishing fault can be considerably more difficult.

Consider an accident that happened last year in Barton County, near Mindenmines, Missouri: 49 year-old Gregg D. Martin was traveling west in his pickup truck when he was broadsided by a northbound Ford Explorer. Martin was pronounced dead at the scene: the impact of the collision forced the pickup off the side of the road. It then overturned and came to rest upside down. The Missouri Highway Patrol's official accident report indicates that Martin was not wearing his seat belt.

Here's where the issue of fault comes into play: the two vehicles collided in an uncontrolled four-way intersection, meaning there were no stop signs or stop lights to indicate right of way. The second driver, 55 year-old Sheila Y. Francis, was unharmed. As required by Missouri state law, Francis was given a sobriety test. Since she was not subsequently arrested or cited for driving under the influence, it stands to reason that she was not found to be intoxicated.

Would this circumstances of accident provide grounds for a wrongful death suit (to be filed on behalf of Martin's surviving family members)? It's difficult to say, as we simply don't have enough facts to gauge whether or not the potential for a legitimate claim exists. To make that judgment, liability would have to be proven. In this particular case, one of the main issues would concern who had the right of way in the uncontrolled intersection.

Continue reading "Who Has the Right of Way at Uncontrolled Intersections in Webb City and Throughout Missouri?" »

We've all seen movies that depict dramatic car chases. These exciting scenes often end with at least one car crashing, flipping end over end...and then the driver gets out of the completely totaled vehicle and walks away. Most people understand that these scenes are generally unrealistic. After all, they're carefully staged and rehearsed, with an experienced stunt driver behind the wheel: the conditions that cause the accident are purposefully created and carefully controlled. Our Joplin, Missouri car accident attorneys know that many crash injury victims are not so fortunate.

However, back in September, a teen driver from Noel was involved in a dramatic rollover accident--and he miraculously lived to tell about it. Garret Cook failed to properly negotiate a curve on Big Sugar Creek Road, just outside of Pineville, MO. His 2001 Chrysler ran off the road and struck an embankment, causing the car to flip over multiple times. Fortunately, the teen only suffered moderate injuries after this terrifying accident, but they were severe enough that he had to be taken to Freeman West Health System in Joplin.

According to the accident report filed by the Missouri State Highway Patrol, the Chrysler was totaled. What's more, Cook was not wearing his safety belt at the time of the crash, so it's incredible that his injuries weren't more severe.

In several posts to our Missouri car accident blogs, we've written at length about Missouri car crashes caused because a driver sped through a curve, or crossed the center line while negotiating a curve, only to collide with oncoming traffic or flip the vehicle over (or, in some cases, both). In terms of injuries, the majority of these accident victims are nowhere near as lucky as Garret Cook: in fact, the numbers are pretty grim.

Continue reading "Rollover Accidents Hazardous for Drivers in Joplin, Missouri and Elsewhere: What's the Risk, and How Do I Stay Safe?" »