Missouri Injury Law Blog

U.S. Transportation Secretary Ray LaHood announced a new safety rule, in an effort to reduce truck and bus accidents. The rule prohibits interstate truck and bus drivers from using hand-held mobile phones while operating their vehicles. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest action by the U.S. Department of Transportation to end distracted driving. See Driving while testing v Driving While Intoxicated

LaHood said:

"When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly....I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel."

FMCSA research shows that use of a hand held mobile phone while driving requires a CDL driver to take risky steps beyond what is needed for use of a hands-free mobile phone, including searching and reaching for the phone. Commercial drivers reaching for an object, such as a cell phone, are three times more likely to be involved in a crash or other safety-critical event. Dialing a hand-held cell phone makes it six times more likely that commercial drivers will be involved in a crash or other safety-critical event.

I believe this regulation is common sense. Most states already ban texting while driving and many require hands free use of mobile phones for phone call while driving. See Texting and driving bans by state. In 2009 almost 5474 people died, often a wrongful death case, and 500,000 suffered auto or truck accident related personal injury as a result of distracted drivers.

Hand Held Cell Phone Bann Rule for CDL Drivers can be accessed here.

Continue reading "Truck and Bus Drivers' Use of Hand Held Cell Phones while Driving Banned " »

In 2010 a reported 57 pedestrian deaths occurred in Missouri, many of them giving rise to wrongful death claims or general personal injury claims. See Missouri Drunk Driving Accident Lawyer Ben Sansone Obtains St Louis County Judgment of $2.3 Million. This case involved a drunk driver in St Louis that injured a pedestrian when fleeing the police. Also, see St Louis Pedestrian Injury claim and settlement. . These are just 2 examples of pedestrian and motor vehicle injuries we have handled. It is a serious problem that these types of injuries are on the rise in Missouri. See Post Dispatch Article: "Pedestrian Deaths Increasing in Missouri".

As a St Louis injury lawyer handling pedestrian accidents and death cases, I have investigated first hand the situations that lead to the pedestrian accidents and how to avoid them.

If your car breaks down or you need to pull over to the side of the road, make sure you are in a well lighted and not heavy traffic area. Avoid stopping on the side of a busy highway at night. If you must, stay on the outside side of your vehicle. Changing a tire on the traffic side of a vehicle at night and on the highway is very dangerous. Turn on your hazard lights and leave your parking lights and headlights on as well.

Use crosswalks and when using crosswalks do not rely on drivers to obey traffic lights. Visually verify that traffic is clear or than oncoming vehicles have stopped and are not attempting to turn across your pathway. Never assume vehicles will obey crosswalk signals.

In Missouri you can dial " *55 " to get roadside help, may be a very good idea to stay in your vehicle until help arrives.

Be aware of traffic when walking on the side of the road, pedestrian on the side of the road and people changing tires on the side of the highway are the most common type of pedestrian injury.

Additionally, whenever talking about pedestrian safety, bicyclist safety tips are often very similar. Never assume vehicular traffic will obey traffic signals, wear bright clothes, use strobe or flashing lights on your bike, and try to avoid cycling at night, not only is it harder for vehicle drivers to see you, but debris and problems in the roadway are harder to see as well. See Avoiding Bike Injuries & Legal Liability at Intersections: Right of Way at Unmarked Intersections

http://www.missouriinjurylawblog.com/2011/07/avoiding-bike-injuries-legal-l.html

Continue reading "Pedestrian Deaths in Missouri on the Rise: How to be Safe and Avoid an Accident " »

Post by Guest Author not affiliated with St Louis law firm, Sansone / Lauber, we do not recommend ever pursuing a personal injury action without a good personal injury lawyer in your corner.

Filing a personal injury lawsuit may seem like an overwhelming task, and you likely have many questions running through your head. What type of evidence do I need to provide? What kind of records should I take? How soon after the accident do I need to file lawsuit with an accident attorney?

Don't worry, my friends. We've got you covered. Here are some of the top tips that can help you when filing a personal injury lawsuit: (None of which substitute for hiring a good personal injury lawyer)

Know your state laws - Contact an attorney or research your state's laws before filing a lawsuit. Each state has different rules and some are even "no fault" states, which means you can only file for what the law defines as serious injuries.

Know the statute of limitations - Perhaps the accident happened a few months ago, but you're just feeling the injuries? The good news is, you likely still have time to file. Each state has its own statute of limitations that determines how soon you need to file. Some are as long as five years, while others give you just a year. If you don't file within that time limit, your case will be thrown out.

Learn about damages - Spend time learning about what things are considered damages in your case. Most states allow you to be reimbursed for not only medical expenses and lost wages, but also things like pain and suffering, loss of companionship, and emotional distress.

Understand what YOU need to do - To get a settlement from a personal injury case, you (and your lawyer) need to prove the other party was negligent and those actions are what led to your injury.

Gather as much information as possible - If there were witnesses on the scene, talk to them. Find out what they saw and if they have any additional details that would help your case. If you took photos of the scene (including any damage and photos of the road) collect those and use them as evidence.

Keep great records - Every time you get a medical bill, prescription refill receipt, or have to miss work because of your injury, be sure to save the documentation to use as proof of damages. Remember, the more evidence, the better.

Get everything in writing - You'll have the best chance of getting the settlement you deserve by getting all evidence in writing, so be sure to gather as much as you can into a clear, concise file. Examples include: All medical bills, witness testimonials, and a journal of your symptoms and general well being since the accident.

Hopefully, this gives you a good start to knowing what's important when filing a personal injury lawsuit. Keeping in mind the above tips and finding a good lawyer can go a long way toward helping you get the settlement you deserve.

Continue reading "Filing a Personal Injury Lawsuit? 7 Tips to Help You Out" »

By Guest Author, Judy Leeson.

Premises liability injuries can happen almost anywhere. From broken staircases that were never repaired to unmarked slippery floors, hazardous situations that result in personal injury are the responsibility of the property owner.

Property owners are required by law to maintain safe conditions for visitors to their premises. This includes warning visitors about dangerous conditions and resolving the problem in a reasonable amount of time. If property owners do not provide sufficient warnings or take care of hazards on their property, their negligence can result in a visitor's injury.

However, the property owner is not always willing to admit to their negligence, in which case a personal injury lawyer is needed to represent the rights of the victim.

Defining a Premises Liability Claim

A premises liability claim is a civil lawsuit in which the victim of a personal injury may file against the owner of the property where the accident occurred. However, as property owners cannot be held responsible for every loss suffered on the property, negligence of the property owner is usually a key factor in the claim.
In order to prove negligence, the injured victim must show that the property owner knew about the hazardous condition that caused the accident and did not take action to fix the problem. For example, the property owner may have failed to repair a broken step or label a slippery floor. A premises liability injury may also be caused by criminal activity that was left undetected due to insufficient security on the premises.

Types of Injuries

There are many different types of injuries that a victim of a premises liability accident may suffer. These include:

Broken Bones: A slip-and-fall accident may result in a broken arm, leg, shoulder, or hand. Elderly victims who slip and fall often suffer hip fractures that cause permanent damage.

Bumps and Bruises: These minor types of injuries are common in slip-and-fall accidents. While they may not require medical attention or civil litigation, victims should still consult with a medical professional to ensure that the injuries aren't serious.

Head Injuries: A head injury from an accident can possibly cause a fractured skull or a traumatic brain injury, which can result in symptoms such as headaches, blurred vision, and even a permanent loss in physical or mental ability.

Lacerations: Lacerations may result from an accident involving a sharp object lying on the ground in a frequented area. These injuries usually need medical treatment and may sometimes require surgery.

Spinal Damage: The spine and spinal cord can be damaged in an accident that causes the victim to twist or strain the spine or neck. Such injuries may cause severe back pain or even paralysis

Sprained Wrists and Ankles: A fall caused by uneven flooring or a broken step may easily result in a sprained wrist or ankle, such as when a victim tries to catch themselves from falling.

Compensation

The compensation that a victim can receive from a premises liability claim depends on the extent of their injuries. Losses to be considered in a civil lawsuit may include hospital bills, prescription drug costs, therapy fees, lost wages, and suffering related to the accident. Working with an experienced premises liability attorney can speed up the process toward receiving compensation.

Judy Leeson has been a practicing lawyer for 12 years and also owns the site Law Degrees. She writes various articles related to the legal system.

In 2005 Governor Blunt passed tort "reform" which included caps on non-economic damages in Missouri medical malpractice lawsuits. See "Limits on Medical Malpractice Awards Constitutional?" for more information on the damage caps in Missouri.

The Plaintiff's bar has been trying to get a case to the Supreme Court so that the constitutionality of the damage caps could be finally determined. Almost 2 years ago, on January 14, 2010, the Klotz case was argued before the Supreme Court and we all hoped that would determine the caps issue, however, the Supreme Court was able to resolve the issues on appeal without getting to the constitutionality of the Med Mal damage caps. See Article about the 2010 Klotz case: "Missouri Supreme Court Hears Constitutionality of Missouri Medical Malpractice Non-Economic Damage Caps"

Today, the Court was able to reach the arguments and will likely make a ruling on the constitutionality of the damage caps. However, the caps being argued are the caps under the old law prior to 2005, however, a decision that the old caps are unconstitutional will most likely mean the caps under the new 2005 law are unconstitutional as well. The case is Ronald Sanders v. Iftekhar Agmed, MD, et al and the summary of the case is posted on the Supreme Court website with links to the briefs. See Constitutional validity of medical malpractice non-economic damages cap. Currently a few cases are being prepared to go to the Supreme Court on the caps issue under the new law.

The main constitutional challenge to the damage caps is that the tort "reform" law violated the right to a trial by jury. If the legislature imposes caps that inherently invades an individual's right to have a jury determine the facts of their case, damages being a major fact for a jury to determine. Each case is fact specific and an arbitrary cap imposed by the legislature absolutely violated the right to trial by jury. For detail about the right to a trial by jury argument see the briefs in the cases above and see: Personal Injury Lawyers File a Motion to Strike Affirmative Defenses in Missouri Medical Malpractice Lawsuit

Typically, the Supreme Court will take at least a few weeks if not a few months to publish their decision about today's case. This decision is absolutely crucial and very historic for our state and will have a major impact on individual rights in this state.