Missouri Injury Law Blog

Trucking accidents can be extremely destructive and sadly, often result in fatal collisions when large trucks collide with other, much smaller and thus more vulnerable passenger vehicles. For those who survive, the collision can often be devastating, causing serious injuries, lifelong disability, and the need for permanent ongoing care.

One such serious accident took place recently in St. Louis, MO. Early last week on the McKinley Bridge a terrible accident occurred when there was a crash involving an 18-wheeler and a passenger vehicle. The accident was so bad that emergency crews were forced to shut down lanes in both directions while they worked to extract the injured victims from the wreckage.

Police have said that St. Louis City EMS transported two people in one ambulance, another person in a second ambulance, and, after working to free a fourth person, transported them by ambulance as well to a local hospital. The four were reported to have suffered serious injuries as a result of the crash. As of now police are continuing their investigations and have not said what the cause is.

There's a reason that when you hear of an accident involving a truck it's so common to hear reports of such severe injuries. The main reason for the danger of such wrecks is the sheer size and mass of the truck, which by itself can cause a deadly impact. Some commercial vehicles when fully loaded can weigh in excess of 100,000 pounds, many times heavier than an ordinary passenger car.

Second, the speed of trucks and the amount of time drivers spend driving can also lead to fatal car accidents. This increase in speed and driving time results from an increasing emphasis trucking companies place on quick delivery times. The pressure for efficiency can lead some drivers to ignore speed limits and fudge on their required rest periods. Given the dangers posed by heavy trucks, it's disturbing that so many drivers work such long hours with little sleep.

All of the above factors come together to make truck accidents extremely dangerous. In 2010, there were 105 deaths from large truck crashes in Missouri. While that number is already too high, numbers from the state reveal that 2011 saw an increase, with 120 people dying from injuries sustained in truck accidents on Missouri roads. The disproportionate danger of large truck accidents is clear: nationwide, large trucks make up about 3% of the vehicles on the road. However, Missouri semi truck accidents account for as much as 15% of traffic deaths.

Given the danger posed by tractor-trailers, it's crucial to always use caution when on the road. Never tailgate a semi and avoid cutting of big rigs, as they are much less agile than passenger cars.

The St. Louis car accident attorneys can provide the skilled legal representation needed by those who have been involved in an accident. For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call us today at 314-863-0500.

Source: "McKinley Bridge reopens after two-vehicle crash," published at STLToday.com.

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Missouri Truck Accidents: Truck Drivers Rarely Admit Sleeping Problems

Missouri Tractor-Trailer Driver Guilty in Wrongful Death of Women Crushed By Bulldozer

As a St Louis worker's compensation lawyer, attorney Ben Sansone represents Missouri and Illinois clients that are injured at work as a result of workplace hazards. Recently, an employee at a Halloween themed park almost died as a result of a workplace danger.

Jessica Rue may seem like most other 18 year old college students that one may encounter. Unfortunately, that is untrue. In October of 2011, Rue became employed by the Creepyworld haunted attraction in Fenton, Missouri as an actress in one of the many scary scenes visitors must walk past. The evening of October 27, 2011 was her second night on the job when something went horribly wrong.

I would like to paint the following image for you regarding her work environment before I go any further:

The scene she is working in is supposed to be a bathroom that is drenched from ceiling to floor in fake, slippery blood. Ms. Rue's character is dressed in a white wrap-around towel and dark shorts. In the bathroom, there is a noose prop in front of the bathtub portion of the scene as well as a mannequin. Sounds like an accident waiting to happen, doesn't it?

Rue had been instructed to use the noose prop to play up her character in hopes of frightening the visitors to the attraction. While doing what she had been instructed by her manger, Chelsey Rusbarsky, Jessica Rue, somehow slipped off the edge of the bathtub that was drenched in the fake blood and struggled for dear life while hanging by her neck in the noose.

The Jefferson County Sheriff's Office stated that for the 2 to 10 minutes that she was hanging in the noose, visitors must have assumed that she was either a prop or a very convincing actress and would have probably walked right on by to the next scene. Due to the lack of oxygen to her brain, Rue eventually passed out where she was found by co-worker Sam Israelsen who cut her down and began CPR.

This fun job gone horribly wrong left Ms. Rue in a coma for three days. Today, she suffers from a brain injury from the Fenton accident, including short term memory loss and even the doctors do not know the full extent of the neurological damage due to lack of oxygen to her brain for at least 10 minutes. It was later found out by an investigation of the haunted attraction that the noose used in her scene was not a break-away prop, but securely bolted to the ceiling so that it held her weight whereas a break-away prop would have immediately come apart to avert such a crisis.

In January 2012, Jessica Rue filed a suit against Halloween Productions, Inc. and its owner Larry Kirchner. The suit states that supervisor Rusbarsky and co-worker Israelsen were negligent and intentionally created this life threatening situation due to the fact that they had encouraged Rue and other workers to use this noose to scare visitors even though there was a slip hazard with the fake blood. In this suit, Rue is not seeking any specific amount of damages due to the fact that she will have ongoing medical bills and Medicaid will be dropping her when she turns 19.

According to Claimsjournal.com there were a reported 133 fatal work injuries in Missouri just last year in 2011. That is an increase from 2010. Fortunately, Jessica Rue's injuries were not fatal, but so easily could have been had she been left for even a few more moments. These attractions come to the Saint Louis area each year and are supposed to be fun for both the actors and the visitors. However, in the race to make the most profits, it seems that quite a few safety points were overlooked in last year's design. Hopefully other attractions in the area take note and learn from the near-deadly mistake of one very popular attraction.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the St. Louis accident/wrongful death attorneys at 1-314-863-0500 today.

Si tu o alguien que conoces tiene un querido que se perdio su vida o se fue herido en un accidente por negligencia de otra persona que esta culpable, tienes opciones para recibir compensacion por esta perdida. Por informacion en protejer tus derechos en un situacion de negligencia o muerto por negligencia, por favor llama uno de nuestros abogados en St. Louis que especializa en accidentes y muertos por negligencia. Nuestro numero es 1-314-863-0500. Llamanos hoy para proteger sus derechos.

Sources:

StlToday.com: Brain Injury at Haunted House

http://www.claimsjournal.com - 2011 Fatal Work Injury Statistics

The sudden death of a loved one is always tragic and heartbreaking, especially when it is at the hands of a drunk or hit and run driver, the added pain that the death was a needless one that should have been avoided. Our Clayton law firm has handled many cases of wrongful death caused by reckless or drunk drivers. We aggressively pursue these cases, regardless of insurance coverage or monetary gain, we understand that a civil verdict is a different type of justice and closure for the family that a criminal conviction or guilty plea sometimes does not have by itself. (See Maryland Heights Missouri Drunk Driving Wrongful Death Lawsuit)

One such tragic and needless death recently occurred in St Louis. Prosecutors in St. Louis have charged a man with leaving the scene of an accident that resulted in the death of a 4-year-old boy and seriously injured his brother. The man, Ricky R. Weeden, 54, was charged with one count of leaving the scene of a motor vehicle accident. He was jailed in St. Louis County in lieu of a $50,000 cash bail. A spokesman from the Missouri Highway Patrol said law enforcement is continuing to investigate the crash. The case is expected to be presented to a St. Louis County grand jury for additional charges in the coming days. The man responsible for the hit-and-run also has a history of DWI convictions and was arrested in 2003 and again in 2010. Police have said that a 2001 Chevrolet Silverado that was involved in the fatal accident was found near Weeden's home in St. Louis.

The boys involved in the collision were 10 and four and were hit as they tried to cross St. Charles Rock Road near Salerno Drive. The accident occurred at 7:30 in the evening as the two boys were headed to a nearby candy store. The Chevy Silverado was headed west when it hit the boys and then took off immediately following the accident. The younger boy died at the scene of the accident while the 10-year-old was taken to St. Louis Children's Hospital and initially placed in critical care with a severely broken leg. Thankfully, his condition was upgraded to good earlier this week and all signs point to a recovery.

Felicia Williams, the boys' mother, said she could not believe that someone could do something like that and just keep going, leaving her children in the road. After crashing into an innocent person, the decision to bolt from the scene is not only heartless, it's also against the law. Now, the driver responsible for the crash is likely to be convicted of criminal charges in addition to the civil penalties he could face.

In Missouri, hit and run accidents are governed by Missouri Revised Statutes § 577.060. The law states:

A person commits the crime of leaving the scene of a motor vehicle accident when being the operator or driver of a vehicle on the highway or on any publicly or privately owned parking lot or parking facility generally open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property, due to his culpability or to accident, he leaves the place of the injury, damage or accident without stopping and giving his name, residence, including city and street number, motor vehicle number and driver's license number, if any, to the injured party or to a police officer, or if no police officer is in the vicinity, then to the nearest police station or judicial officer.

The victims and their loved ones should consider speaking with a St. Louis personal injury lawyer to weigh their legal options. Just because the at-fault driver is facing criminal charges does not preclude the victim or his loved ones from seeking restitution through a civil claim. For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our Jefferson County car accident attorneys today at 314-863-0500.

Source: "St. Louis man charged in hit-and-run crash that killed boy in Pagedale," by Denise Hollinshed, published at STLToday.com.

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Number of Pedestrian Deaths on the Rise

Megabus Bound for St. Louis Involved in Mega-Accident Leaving One Dead and Four-Dozen Injured

As an injury lawyer dealing with truck accident and injury cases, I have seen the commercial trucking industry come a long way in tightening its regulations and standards to weed out bad drivers, regulate the current ones, and try not to needlessly endanger others on the highways by having dangerous drivers or improperly maintained trucks on the road.

A new study has found evidence that commercial drivers might lie about sleep apnea problems because they are fearful of losing their job. A situation that can lead to car accidents and needless endangerment of everyone on the roadway.

Sleep apnea is a condition that causes a person's breathing to be interrupted while they sleep. As a result, they frequently do not get a full, restful night's sleep, which can lead to a variety of severe consequences. People with sleep apnea may experience headaches and drowsiness when they are awake and can even suffer from depression due to constant sleep deprivation.

For people whose jobs require them to be on the road frequently, sleep apnea can be a major problem, potentially impacting their ability to earn a living. A driver suffering from sleep apnea is at risk of causing an accident and injuring or killing innocent Missouri drivers. Given this risk, commercial drivers, such as bus drivers, taxi drivers and truck drivers, can lose their job if it is believed that sleep apnea affects their performance.

The new study, done by researchers at University Hospital in Switzerland, looked at sleep apnea sufferers in two groups. They focused on 37 commercial drivers and 74 people who did not drive as part of their job. The study found that the commercial drivers rated their level of sleepiness during the day several points lower than the non-commercial drivers. In other words, the commercial drivers indicated they were not as tired as the non-drivers.

Even more worryingly, the study discovered that commercial drivers were less likely to receive treatment for their condition. Rather than seek regular care, the drivers were more likely to make spontaneous trips to sleep clinics. Researchers believe this could mean the commercial drivers did not have proper control over their symptoms and were suffering more than they claimed.

Researchers hypothesized that the commercial drivers were downplaying their symptoms out of fear of losing their jobs. Because they had more unexpected visits to sleep clinics than the non-commercial drivers, researchers concluded that the drivers were struggling more with their symptoms than other people suffering from sleep apnea.

If commercial drivers cannot feel safe admitting to problems caused by sleep apnea, they may never get the treatment they need. This lack of proper care not only puts the drivers, but other innocent people at risk. Drowsy driving is a serious and entirely preventable problem that costs people their lives everyday.

The St. Louis car accident attorneys can provide the skilled legal representation needed by those who have been involved in an accident. For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call us today at 314-863-0500.

Source: "Bus, Truck Drivers May Downplay Sleep Troubles," by Robert Preidt, published at NIH.gov.

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Car accidents caused by drowsy or falling asleep drivers

Distracted Driving is Dangerous, but what about Distracted Walking?

Its not new, running red lights is a major cause of auto accidents and behind drunk driving accidents and texting while driving, probably the biggest contributor to needless injuries on the roadways. One tragic example, a North St. Louis driver and friends Dainosha Scott, 19 and Marion Robinson, 21, were driving through the intersection of Grand Boulevard and Natural Bridge in the North St. Louis area. This was no usual ride down the street as the driver proceeded to speed through the intersection at speeds upwards of 80 miles per hour.

The driver not only clipped one car already in the intersection, but then proceeded to crash into a Metro Call-A-Ride bus which fell over due to the force of the speeding car. While the driver and passenger of the car that was clipped only suffered minor injuries as well as the bus driver, Scott and Robinson were not so fortunate. Both passengers had been sitting in the backseat and were killed during the crash. The reckless driver of the speeding car walked away with only minor injuries and then was released into police custody at the hospital; no charges had been filed at the time of the February 22, 2012 accident.

This entire incident had been caught on the red light camera at the Grand Boulevard/Natural Bridge intersection. The video clearly shows no attempt on the part of the driver to slow down for any of the cars in the intersection which very obviously was the direct cause of this fatal and very graphic accident. Clearly a strong basis for a civil wrongful death lawsuit.

Unfortunately, there have been no reports of any formal charges being filed against the driver of the speeding vehicle. However, this does not mean that this individual is not culpable for their actions that led to the wrongful deaths of two young people who were merely helpless passengers in this tragic unfoldment. The passengers, Scott and Robinson, put their full trust in the driver when they entered the vehicle that afternoon. It would seem that the driver of this vehicle breached their duty of care to the passengers in the backseat of the car when he/she chose to drive over the speed limit and endanger the lives of so many other drivers.

Per the Missouri State Highway Patrol Statistical Analysis Center, in 2010, there were 12,220 people injured in 8,342 personal injury accidents involving a speeding vehicle. The next statistic that I would like to share are the 2010 fatalities in speeding vehicle accidents. In 2010, there were 301 fatal crashes in Missouri which killed a total of 323 people. That means that in each accident, there was either at least one passenger in the vehicle or that an innocent bystander lost their life due to a speeding vehicle. These numbers are astonishing and they are from two years ago. The drivers that choose to speed are not only doing themselves a disservice by putting themselves in harm's way, but are knowgingly breaching the duty of care that they owe to each passenger in their car as well as other drivers on the road. These drivers must be held accountable in some manner whether it be through the criminal courts, civil litigation or a combination of both.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the St. Louis accident/wrongful death attorneys at 1-314-863-0500 today.

Si tu o alguien que conoces tiene un querido que se perdio su vida o se fue herido en un accidente por negligencia de otra persona que esta culpable, tienes opciones para recibir compensacion por esta perdida. Por informacion en protejer tus derechos en un situacion de negligencia o muerto por negligencia, por favor llama uno de nuestros abogados en St. Louis que especializa en accidentes y muertos por negligencia. Nuestro numero es 1-314-863-0500. Llamanos hoy para proteger sus derechos.

Article by staff author Carrie Cuadra.

Sources:

Fox 4 News - Red Light Revelas Graphic St Louis Intersection Crash

Missouri State Highway Patrol - Crash Statistics for Speeding

As a St Louis Missouri accident attorney, I see my clients suffer the patent as well as the not so obvious symptoms of brain injuries. Brain injuries often result from auto accidents and bike accidents, but it is in the realm of youth football and professional football that head injuries are getting added attention recently. It will come as welcome news to many parents that as high school football season kicks into gear, the dangers associated with head injuries are becoming increasingly well known. The new attention concussions are receiving has led to changes in how they are detected and dealt with. Head injury lawyers and their clients pursuing brain injury cases has brought this issue into the mainstream. The basics of a brain injury are illustrated below, neuronal shearing or axonal shearing are often the cause of the victims symptoms.

While a concussion is defined as a trauma to the brain resulting in neurological injury, athletes may experience a range of symptoms as a result. According to the Mayo Clinic, the signs and symptoms of a concussion can be subtle and may not be immediately apparent. Symptoms can last for days, weeks and in more serious cases, a lifetime. The most common symptoms after a concussive traumatic brain injury are headache, amnesia and confusion.

While a host of concussion-related lawsuits have been directed against high schools, much larger athletic organizations have found themselves in the crosshairs, including the NCAA, NFL and NHL. The increase in such suits corresponds with an increase in awareness of the risks posed by head injury. Studies have been conducted which are finally revealing the long-term damage such injuries can cause, including severe degenerative brain disease.

Just last month, Bryan Namoff, a longtime D.C. United defender whose career was cut short by a concussion, filed a $12 million lawsuit against his Major League Soccer club, claiming they failed to properly evaluate his injury and cleared him to play too soon.

Namoff contends that United was negligent in its care and treatment after he was injured in a game back in 2009. He was cleared to play only three days later, in a game which he did not then know would be his final appearance on the field. Namoff alleges that he suffered brain damage and cognitive, memory and sensory loss as a result of his head injury. He also has permanent headaches and fatigue, sleep problems and hypersensitivity to motion.

One major case that helped get the ball rolling was filed last year by former athletes against the National Collegiate Athletic Association. The plaintiffs claimed that the organization was negligent in caring for its players and failed to properly treat brain traumas despite an awareness of the dangers they posed.

Another major suit levels similar charges against the National Football League. The litigation involves two groups of plaintiffs, the first consisting of current players who are seeking improved medical care and treatment related to brain trauma. The second batch of plaintiffs includes those suing for actual injury or death caused by their head injuries. Nearly 3,000 individual suits have been filed as part of the litigation and the number could actually go up, as there are nearly 21,000 retired players.

The plaintiffs are claiming that the NFL was aware of the relationship between concussions and permanent neurological damage, but choose to do nothing about it. Attorneys are claiming the League had solid medical evidence regarding the lasting damage posed by such injuries from as early as 1928.

All the lawsuits, whether by parents of injured high schoolers or families of debilitated professional athletes, share a common theme: if the brain is allowed proper time to heal, it can recover from most head injuries. The plaintiffs believe that the defendants failed to provide the necessary time to heal, never warning those in their care of the risks associated with what they thought were only minor injuries.

St. Louis brain injury lawyer Ben Sansone is an experienced Missouri injury trial lawyer practicing in all areas of personal injury including brain injury and medical malpractice. For information on how to protect your legal rights if you or a loved one has been seriously injured, call one of our Missouri head injury attorneys today at 1-314-863-0500.

Source: "Bryan Namoff files $12 million lawsuit against D.C. United, claiming medical negligence involving career-ending concussion in 2009 MLS match," by Steven Goff, published at WashingtonPost.com.

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Important Information Regarding Children and Head Injuries

Fear of Lasting Damage from Concussions Sparks Debate over Youth Sports

Those who suffer from chronic pain often turn to steroid shots to help ease their discomfort. Normally, this is treatment is seen as safe and effective. (See Negligent Pain Injections) Sadly, that perception has now changed due to the 105 people sickened across nine states and the eight who have died from fungal meningitis. Now, reports indicate that as many as 13,000 patients may have been exposed to fungal meningitis - a fungus that attacks the brain and central nervous system - from tainted spinal steroid injections. See steroid injection malpractice settlement.

It appears that all of the victims who have been infected were given steroids that had been produced by one Massachusetts pharmacy that issued a recall of the drug and has since closed. This issue touches upon pharmaceutical malpractice and products liability/ dangerous products law The pharmacy that issued the recall is the New England Compounding Center. Given the outcry since the recall was announced some lawmakers have called for bringing certain specialized pharmacies such as the one at the center of this case under greater regulatory scrutiny.

Three lots of potentially contaminated steroid injections were sent by New England Compounding Center to 75 health facilities in 23 states from July to September, according to officials. Despite the wide reach of the facility, oversight falls under the powers of the state, not the FDA. This is because NECC is considered a pharmacy and not a manufacturer.

There are about 3,000 compounding pharmacies nationwide, and drugs made by the facilities represent as much as 3% of the roughly $300 billion in prescription drugs sold in the U.S. each year, according to the International Academy of Compounding Pharmacists.

The FDA has pushed to increase its regulatory authority over compounding pharmacies. Thus far it has been prevented by court opinions and a lack of legislative interest. The FDA issued a warning back in 2007 noting that compounded drugs "are not FDA-approved." The warning went on to say that there had been "devastating repercussions" from such drugs, including three patients dying of infections from a drug used to paralyze the heart during surgery and two patients at a veterans hospital who were blinded by a compounded product used in cataract surgery.

Authorities from across the country fear there may be many more infections, as previous instances are reported or new cases develop. The virus has an incubation period of as little as two days or as many as 28 days. Fortunately, this type of meningitis is not contagious like the viral and bacterial types, but it is obviously still dangerous and potentially deadly.

People who received steroid treatments in the last three months are being contacted and made aware of the situation. If you have received this type of treatment recently, please contact your doctor or the facility where the steroid treatment was given to determine whether you might be at risk.

Those who have suffered injuries at the hand of their doctor should be aware that legal remedies might be available to them. If you or a family member have suffered needless injury or death as a result of hospital or doctor neglect, please contact the experienced Missouri medical malpractice lawyers at Sansone / Lauber by phone (314) 863-0500 or contact an accident attorney online.

Source: "As Outbreak Spreads, Calls for Tighter Controls on Specialized Pharmacies," by Timothy Martin, published at WSJ.com.

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Medical Malpractice and the Unnecessary Testing Issue, Recent NY Times Article Questions Necessity of Tests Ordered By Doctors

5 Examples of Medical Malpractice

As a medical malpractice attorney, I am well aware of the tort reform arguments that doctors are forced to perform unnecessary tests because of personal injury lawyers and medical negligence claims. Simply put, if it is medically necessary and the symptoms require further testing then do it, if not, then then don't do it. It is not complicated. A recent opinion piece argues that more tests lead to more injuries. In a recent op-ed in The New York Times, Dr. Sanjay Gupta explored the relationship between the increase in treatments and tests ordered by many doctors and the possibly corresponding rise in the number of medical errors made by doctors. These medical mistakes, many of which can be life threatening to patients, might be able to be avoided if doctors simply stopped ordering unnecessary medical treatments.

Medical errors, often caused by doctor or hospital negligence, are a serious concern all across the country. In 1999, the Institute of Medicine reported that approximately 98,000 people died each year as a result of medical errors. Gupta discussed figures that are more recent and says that he believes about 200,000 people die each year because of medical mistakes. Gupta says that if those figures are accurate, it makes medical mistakes one of the leading causes of death in the United States.

Gupta points out the fact that as the number of treatments and tests performed increase, the likelihood of physician errors also rises. He says that many people would be surprised to know that doctors routinely request tests or treatments that they know are unnecessary. According to one recent survey of orthopedic surgeons, of all the tests they order to be performed on their patients, 24% are not "medically necessary." Gupta says that the danger of such overuse of things like CT and MRI scans can lead to false positives and unnecessary operations. Along with these unnecessary procedures comes the risk of complications, including infection and bleeding.

To avoid these potentially deadly mistakes, hospitals have tried to implement various policies, such as completing a checklist prior to beginning surgery to avoid surgical errors such as operating on the wrong body part. Despite these efforts, medical errors continue to occur, sometimes leaving patients badly injured. More needs to be done by the medical community to reduce the unnecessary tests which can lead to unnecessary harm to patients.

Those who have suffered injuries at the hand of their doctor should be aware that legal remedies might be available to them. If you or a family member have suffered needless injury or death as a result of hospital or doctor neglect please contact the experienced Missouri medical malpractice lawyers at Sansone / Lauber by phone (314) 863-0500 or contact us online.

Source: "More Treatment, More Mistakes," by Sanjay Gupta, published at NYTimes.com.

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5 Examples of Medical Malpractice

Diagnosis Errors as basis for Medical Negligence Claims

A Marthasville, MO truck driver was convicted last week of involuntary manslaughter for the wrongful death of two women when a bulldozer fell off his truck and crushed their vehicle. The man, Adam L. Steinmann, was found guilty for the July 8, 2009 crash after the jury deliberated for about four hours.

Prosecutors said that the reckless truck driver chose to improperly properly secure a bulldozer he was hauling and that he was driving too fast. It was this combination of reckless behavior that cost the two women their lives.

Police say that Steinmann was driving eastbound on Highway D when the bulldozer fell off his trailer. It bounced and landed on a Mercury Grand Marquis headed in the opposite direction. The driver, Judith Ulery, died 44 days after the crash and her passenger, her mother, Elsie Sherman, died nearly nine months later.

The prosecutor in charge of the case accurately portrayed Steinmann's tractor-trailer as a loaded gun with a 42,000-pound bullet in the shape of a bulldozer. The prosecution argued that the driver should have better secured the bulldozer, given that the two binders used to hold it in place were "grossly inadequate."

Beyond this failure to properly secure his cargo, Steinmann was also driving faster than the speed limit along a dangerous curve. The posted 30 m.p.h. limit applied to passenger vehicles and something as large as a tractor-trailer should have been going even slower. To top off his list of bad behavior, prosecutors demonstrated that the commercial vehicle had more than two-dozen other violations, including a flat tire and other tires that were bald.

Steinmann's defense attorney called the crash an act of fate and said the odds of the tragic accident occurring were a million to one. The problem with this reasoning is that it tries to excuse the truck driver's negligent conduct. The fact is if the driver had done his job properly there would have been no such accident. It wasn't fate, but Steinmann's actions that set the stage for tragedy.

A civil suit filed by relatives of the two women killed is pending which is not surprising given the wrongful deaths of the innocent motorists. As this report clearly demonstrates, traffic collisions that involve a commercial vehicle can be catastrophic. The large size and extreme weight of commercial trucks represents a significant danger to people in automobiles. Missouri tractor-trailer accidents and other traffic collisions that involve commercial vehicles are on the rise across the state. As evidence of this, Missouri's 2010 Traffic Safety Compendium concluded that there were 4.3% more fatal commercial vehicle accidents in 2010 than in 2009.

For information on how to protect your legal rights if you or a loved one has been seriously injured in a bus or truck accident, call one of our St. Louis accident attorneys today at 1-314-863-0500.

Source: "Marthasville truck driver found guilty in double-fatal crash," by Susan Weich, published at STLToday.com.

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Megabus Bound for St. Louis Involved in Mega-Accident Leaving One Dead and Four-Dozen Injured

Safety Tips for Summer Passenger Van Travel

Medical malpractice cases, at least in Missouri and Illinois, are very expensive to pursue. In order to have a good medical negligence case there must be sufficient liabilty and damages. First, liability, there must be negligence by a doctor, hospital, or other healthcare provider (for more info see: St Louis Medical Malpractice lawyer information page). Second, the damages or harm to the patient must justify the expense and cost of pursuing a medical malpractice case. Meaning the patient's injury must be significant enough to make the case economically feasible to pursue. Permanent injury is typically necessary. Below is an article submitted to my website by a guest author discussing some examples of medical malpractice. Additionally, this blog has a Medical Malpractice Category for further information and other articles on this topic.

The results of medical malpractice are at best inconvenient and at worst, tragic. When you trust yourself or a family member to the care of a certified physician or other healthcare personnel, and they in turn, treat you with negligence and carelessness, you need a personal injury attorney to protect your rights.

Medical malpractice can alter a patient's life completely and even cause death. If this happens, there should be some compensation to the person or their family to help cope with this difficult situation. This kind of case is difficult to prove, so there needs to be proof that the medical error caused permanent injury in the patient.

Five examples of medical malpractice are:

1. Negligence when giving an anesthesia - Anesthesia given to a patient who has previously had a problem with that anesthetic. The patient may suffer liver damage or even die. The anesthesiologist has not brought enough oxygen and it runs out before the surgery is finished. Because of this, the patient has cardiac arrest.

2. Negligence when delivering a baby - If there are complications during delivery and a C-section is required, the doctor must not delay. The child could develop Cerebral Palsy as a direct result of the delay. Failing to diagnose a baby with Rh incompatibility-antibodies .

3. Negligence for not diagnosing properly -- When a patient complains of chest pains, if the patient is sent home and subsequently suffers a heart attack that kills or debilitates, it would be considered medical malpractice. If the patient goes to another doctor and receives a correct diagnosis and treatment, the first doctor is still negligent; however, since the patient was properly treated and injury was avoided, there would not be any damages for which to get compensation.

A doctor failing to diagnose abdominal pain as appendicitis, with the result of the patient suffering shock and death .

Misdiagnosing cancer is also a case for medical malpractice. If a person sees a doctor about a lump or other cancer related symptom, the doctor must test for cancer. If the doctor fails to test for cancer and, because of this, it is discovered later by a second doctor that the disease has spread to other parts of the body, the first doctor is liable.

4. Negligence in prescribing medication -- If a patient's prescribed medication is inadequate or even the wrong one and the doctor does not change the medication, the result could be long-term damage or death. Even if the correct medication is prescribed, a healthcare provider may give the wrong drug. If, as a result of this, the patient suffers permanent damage from a reaction to the wrong drug, it is medical malpractice.

5. Negligence for obtaining informed consent - the doctor is responsible to get prior informed consent from patients before they give medical care including surgery, treatments and other procedures. This means the doctor must inform the patient of any possible negative outcomes due to the medical procedure such as paralysis or loss of function. An injury lawyer should be consulted so the patient, or in the case of death, the family can receive compensation from the person or institution responsible.

BIO of Guest Author:

David Benowitz is one of the founding partners of Price Benowitz LLP and selected as one of the Top 100 attorneys of Washington, DC by the National Trial Lawyers association. He has more than 13 years of experience as a Washington, DC attorney and is licensed to practice law as Maryland injury attorney. David Benowitz spent his career fighting for the rights of his clients.

For at least the last 20 years, one of the most commonly used types of rail tankers has been allowed to transport hazardous materials across the country, this despite the fact that transportation officials knew of a dangerous design defect. The design flaw all but guarantees that the rail car will tear apart in the event of an accident, thus spilling cargo that could catch fire, explode or harm surrounding residents.

One reason the issue has become more pressing is recent spike in accidents due to the greatly increased demand for ethanol, a highly flammable fuel typically transported by rail. One recent derailment triggered a massive chemical spill and explosion over the summer in Columbus, Ohio. One eyewitness said the resulting explosion was so intense that it looked like the sun had blown up.

The tanker, known as the DOT-111, has a soda-can shape and is one of the most commonly seen cars on rail freight routes. Though the car itself is not the cause of derailments, the National Transportation Safety Board (NTSB) notes that the steel shell is too thin to resist puncture in accidents. Furthermore, the ends of the car are especially vulnerable to tears and the unloading valves and other fittings can break off during rollovers.

The flaws are nothing new and have been noted since as far back as a 1991 safety study. Sadly, the potential for things to go wrong has also not been newly discovered. A report found that ethanol tankers have been punctured in at least 40 serious accidents since 2000. The human toll is also very real given that accident reports indicate that since 1996 at least two people have been killed by explosions from railroad accidents and dozens more suffered injuries.

The example of how things can go terribly wrong became a reality in 2009 in Rockford, Illinois. A Canadian National freight train moved through town carrying more than 2 million gallons of ethanol. The crew was unaware that just ahead, rain had washed away a portion of the track. When the tankers rolled over the damaged track, the engineers could tell the train was going to derail.

The cars began falling from the tracks and flying into the air one by one. A driver parked at a nearby railroad crossing sat helpless as the waves of explosions washed over him and his family. One of several cars parked at the crossing belonged to Jose Tellez whose wife, Zoila, was killed. A witness reported seeing Zoila run from the family van in flames before dying. Jose suffered severe burns while his adult daughter, who was five months pregnant, lost the baby she was carrying at the time.

In addition to the fatality, 11 people were injured in the derailment, making it the nation's single worst ethanol tanker accident. Nineteen of the 114 cars derailed. Thirteen released ethanol and caught fire. In the final accident report, the NTSB listed the "inadequate design" of the tanker cars as a factor contributing to the severity of the accident.

It is incidents like the one in Illinois that have some communities worried about the potential dangers associated with the continued presence of the flawed tankers on America's railways. According to recent reports, the railroad industry has so far agreed to change all cars built after October 2011 to a safer design. The improvements will mean thicker shells and shields on the ends of the tanks designed to prevent punctures. While this is certainly goods news, the 30,000 to 45,000 existing tankers that will remain unchanged present real concerns to innocent Americans in the path of the railroads.

For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our St. Louis Missouri accident attorneys today at 1-314-863-0500.

Source: "Common type of rail tanker has dangerous flaw that risks hazardous cargo spills," by The Associated Press, published at WashingtonPost.com.

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Recently we obtained a very favorable settlement for a Illinois Wrongful death case arising from medical negligence. The case involved the death of an elderly woman from respiratory disease within 24 hours of visiting her doctor and complaining of respiratory symptoms. The medical negligence allegation was misdiagnosis of a specific respiratory disease and failure to properly treat the patient pursuant to the symptoms she presented with.

The amount of the medical malpractice settlement and the parties involved is confidential pursuant to the settlement agreement and to protect the privacy of the victim's family. The case settled a few months before the trial was to begin in October 2012. This case was filed in 2009 and was hard fought for several years to result in an excellent settlement for our clients.

This case not only involved failure to diagnose, but the doctor attempted to cover up the medical negligence by using white out on the original office visit note as well as changing entries int eh medical record as well. We were able to discover this as the defendants must have forgotten that they produced the original unaltered medical records to our client a few weeks after her mothers death and many months before retaining our law firm. We believe the medical record alteration occurred after we contacted the hospital and requested the medical records, at this point they suspected a lawsuit and attempted to hide the negligence in the medical records. Based on the alteration to the medical records, we filed a detailed motion for sanctions against the defense doctor and hospital, this aggressive motion was a significant issue in the settlement negations and made a large difference to the value of the case. See MOTION - Sanctions - Altered Medical Record and White Out.pdf

This settlement was the justice that our clients deserved, they lost their mother due to a doctor being careless and not paying attention to her patient's obvious respiratory symptoms. She either chose not to perform a simple respiratory exam or was not listening as the basic respiratory exam we have all had done during a physical or doctor visit. A properly performed respiratory exam would have detected her severe respiratory symptoms and prompted a competent doctor to provide additional medical treatment rather than simply send the patient home with instructions to take Tylenol.

In this case the doctor made a choice to gloss through a routine respiratory exam, this routine exam is performed to ensure the safety of patients, particularly ones presenting with respiratory symptoms and complaints. The doctor violated patient safety standards and needlessly endangered this patient when she chose not to do a proper respiratory exam.

Favorable results in medical malpractice cases serve as enforcement and reminders to healthcare providers that they must follow patient safety rules and properly care for their patients, as failure to do so needlessly endangers them and even leads to wrongful death. Enforcement of the patient safety rules through civil lawsuits helps ensure the safety of everyone in the community who puts their trust and life in the hands of their healthcare providers.

If you or a family member have suffered needless injury or death as a result of hospital or doctor neglect please contact the experienced Missouri medical malpractice lawyers at Sansone / Lauber by phone (314) 863-0500 or contact us online.

The major national auto insurance company, Allstate, has announced its recent list of best drivers in the country. The list features the group of cities ranked according to their expected chance of a car accident.

The 2012 list includes three Missouri cities: Kansas City, MO., Springfield and St. Louis. Springfield comes in strong, as the tenth safest driving city in the country. According to Allstate, the average driver in Springfield is 17.4% less likely to be involved in a Missouri car accident and will experience a collision every 12.1 years. Kansas City, MO ranks 16 on the list with drivers 14.6% less likely to be involved in a car crash. For Missouri, St. Louis car accident ranking pulls up the rear, ranking 101 on the list. Drivers in St. Louis were found to be 8.8% more likely to be involved in a wreck than the national average.

Though these aren't terrible showings, the safest city by far is Sioux Falls, South Dakota which has an auto crash likelihood that is approximately 27.6% less likely compared to the national average. The average driver in the city has approximately 13.8 years between car accidents. Some of the other top performing cities on the list include Boise, Idaho; Fort Collins, Colorado; Madison, Wisconsin; Lincoln, Nebraska; and Huntsville, Alabama.

The bottom of the list is, perhaps unsurprisingly, made up of several California cities. San Diego ranked at number 124, and had a car or truck crash likelihood that was 14% higher compared to the national average. Drivers in the city had only 8.8 years between accidents. Los Angeles drivers had an accident rate that was 48.5% higher than the national average with only 6.7 years between accidents. The worst drivers appear to be in Philly where motorists are 64.1% more likely to be involved in a car collision compared to the national average.

The report offered some tips for those driving in larger cities like St. Louis. Allstate recommends that drivers allow plenty of time to reach their destination. Given the number of drivers on the streets, it's important to avoid stop-and-go traffic which presents an excellent opportunity for accidents. It's also important in cities to stay alert, being prepared to frequently stop or slow down for pedestrians and other drivers. Finally, make sure to get directions where you're going before you leave. Knowing where you're headed can reduce distraction and stress when you're behind the wheel and make for a safer overall drive.

For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our Missouri and Jefferson County car accident attorneys today at 314-863-0500.

Source: "Three Missouri Cities Rank in Eighth Annual "Allstate America's Best Drivers Report," published at Finance.Yahoo.com.

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As a St Louis car crash attorney, I have many clients that are injured by drivers without insurance. This can have a devastating affect on the victim as without and insured driver the injured victim's recovery options are severely limited. Based on my experiences as a Missouri personal injury lawyer, my strong recommendation is to have the maximum amount of uninsured and under-insured motorist coverage you can get to protect you and your family from drivers without insurance or drivers with only minimum coverage.

When shopping for car insurance, many people are put off by not knowing which of the many varieties of coverage they may actually need and which ones are merely there to line the pockets of insurance companies. The names don't help much either given that ordinary people don't often readily understand the mechanics of a typical uninsured/underinsured motorist policy.

A recent car insurance article by Yahoo Finance analyzed some standard insurance policies to come up with a guide for what kinds of coverage the average consumer needs. The Yahoo article gave each variety of coverage a ranking according to color: red meaning the policy is urgent, orange to signify important and yellow meaning least critical. First things first, liability coverage:

• Liability Coverage
• Urgency: Red

Liability coverage exists to pay for bodily injury and property damage that you or others cause while operating your vehicle. Liability coverage will also cover court costs if you're sued as a result of an accident. Given the description, the necessity of the policy is pretty obvious. It's this coverage that is designed to protect your assets and future earning power if you are ever involved in a bad accident. A bit of good news is that it typically doesn't cost much (less than $50 every six months) to double your current liability coverage, so it's probably better to be safe than sorry.

• Collision Coverage
• Rating: Yellow

Collision coverage is what pays to fix your car in the event of an accident. The value of this policy depends almost entirely on money; how old and how much your car is worth, how much a repair might cost and whether you're able to afford the repair on your own without collision coverage.

While collision coverage is important, as your car ages and depreciates, it might not be a bad idea to increase your deductible so that your monthly premiums go down or even consider dropping collision all together. This is an instance where leasing your car will result in a guaranteed purchase as companies will require you to carry collision coverage.

• Medical Payments Coverage
• Rating: Orange

Medical-payments coverage ensures that reasonable medical expenses are paid for those in your vehicle, regardless of who caused the wreck. The importance of this policy depends on your situation, if you don't have insurance or are lacking, move the color up to red and carry the maximum that your company will allow. If you're an avid carpooler then you'll also want increased coverage to ensure that everyone in your car has his or her medical care covered in the event of an accident.

• Uninsured/Underinsured Motorist Coverage
• Rating: Red

Uninsured/underinsured motorist coverage, or UM/UIM, exists to pay for injuries that results from an accident caused by a driver who either totally lacks or does not have enough insurance coverage of their own. The number of uninsured drivers in Missouri is significant, estimated at nearly 12% who lack proper coverage. Given the risk of running into one of these drivers (pardon the pun), this kind of coverage is absolutely critical for drivers in the state. Even if you're in an accident with someone who has insurance, a lot of times they might not have enough insurance to cover the injuries you actually sustain.

A good rule of thumb is to match your UM/UIM coverage to the bodily injury limits of your car insurance liability coverage. Even doing this much shouldn't cost a fortune as this coverage is the cheapest of all, sometimes coming in at $1 a month.

This last variety of coverage is especially important given Missouri's confusing uninsured motorist laws which can make pursuing financial compensation from an uninsured or underinsured driver tricky. An experienced St. Louis car accident attorney can help you in navigating the state's uninsured motorist laws so you can gain the maximum amount of compensation you're entitled to. If someone you know has been the victim of such an accident and you need assistance, contact a lawyer today or call (314) 863-0500.

Source: "Car Insurance: When Not to Skimp on Coverage," by Jay MacDonald, published at Finance.Yahoo.com.

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Though everyone knows about the danger and irresponsibility of getting behind the wheel after drinking, few people talk about the similar risks associated with drugged driving. It's about time that changes given the increasing occurrence of medication-related wrecks or Drugged driving accidents on Missouri roadways.

One recent example includes the car wreck involving a Missouri man who suffered very serious injuries last month when he crashed outside La Russell in Jasper County. The Missouri Highway Patrol said the man was headed westbound on Route F when his car drifted off the road, struck a fence and eventually slammed into a utility pole. The police report lists an undefined medical condition as the cause of the terrible accident. Thankfully the man lived after being taken to Freeman Hospital West in Joplin, MO to be treated for his injuries.

According to the National Institutes of Health, the problem of impaired driving is not limited to alcohol. Driving under the influence of prescription drugs raises many of the same concerns given that powerful medication can act on the brain to impair a person's motor skills, reaction time and judgment. Drugged driving is a public health concern because it puts not only the driver at risk, but also passengers and others who share the road.

According to the National Highway Traffic Safety Administration's (NHTSA) 2007 National Roadside Survey, more than 16% of weekend, nighttime drivers tested positive for illegal, prescription, or over-the-counter medications while more than 11% tested positive for illicit drugs. Another NHTSA study found that in 2009, among fatally injured drivers, 18% tested positive for at least one, a number that marked a 13% increase from 2005. These results indicate that not enough has been done to educate the public about the true danger of driving under the influence of medication.

Despite the information available regarding the danger of drugged driving, the nation's laws have yet to reflect the severity of the crime. Though alcohol detection is relatively easy, the presence of illicit drugs is more difficult to measure and there is no agreed upon impairment limit. Many states, including Missouri, don't list specific requirements for what measurements of substances amount to intoxicated driving the way that 0.08% blood alcohol concentration is specified for alcohol-related arrests. Instead, Missouri Revised Statutes Section 577.010 vaguely says that a person is guilty of driving while intoxicated if he or she "operates a motor vehicle while in an intoxicated or drugged condition." This certainly is not clear and the statute goes on to poorly define an "intoxicated condition" as when a person "is under the influence of ... a controlled substance, or drug, or any combination thereof."

As St. Louis car accident attorneys who handle drinking and driving automobile accidents routinely, it's tragic to see increasingly frequent instances of yet another category of impaired driving in the state. Sadly, we too often see the life changing results that occur when people make the deadly decision to drive while impaired. For more information on this matter please, see our DUI car accidents page. If you've been injured due to the irresponsible actions of another, call one of our Missouri drunk driving accident attorneys today at 1-314-863-0500.

Source: "Miami man dies in motorcycle crash south of town," published at JoplinGlobe.com.

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