Missouri Injury Law Blog

As a St Louis accident attorney, many clients we represent are individuals hurt by a drunk driver or the families of someone killed by a drunk driver. These cases typically result in much higher damage awards from juries because of the drunk driving issues, even if alcohol is only a factor and there is no evidence of "legal intoxication" or over a .08 BAC.

Oftentimes, in these cases, the intoxicated driver will deny they were drunk and even oftentimes deny they were at fault for the needless injuries or death they caused. A defense tactic to try and prevent the jury from hearing about alcohol and the recklessness of the DWI driver is to "stipulate liability" at trial. In other words, just before trial starts, they tell the judge (outside the presence of the jury) that they will admit fault (liability), then try to claim any evidence of intoxication is irreverent and should not be heard by the jury, since fault is no longer an issue.

Auto insurance defense lawyers will argue the intoxication can be revealed to the jury ONLY AFTER after they decide on a verdict and not before a punitive damage hearing in the case, if there is one. The drunk driver's insurance lawyers will argue this since under Missouri law a jury does not consider punitive damage in the first trial, they decide it in a separate proceeding after the initial injury case is heard and a verdict determined. This makes the stipulated liability argument even more underhanded as the insurance lawyers are throwing their own client under the bus! Since auto insurer's, in most cases, do not have to cover punitive damage verdicts . So they are hoping the jury will give a small verdict in the injury case since the jury does not hear about alcohol or intoxication, and then the insurance company only has to cover that verdict and not the potential damages related to intoxication.

A good Missouri trial lawyer knows not to let this happen! Under Missouri law, even if the defendant admits fault, the intoxication and denial of liability is relevant to the Plaintiff's injuries, it helps show how needless the injuries were and the affect on the victim or their family from the defendant (through their insurance company) denying fault, it also goes to the defendant's credibility. See Burrows v. Union Pacific RR Company:

Even when a defendant makes an unqualified admission of liability, a plaintiff has the right to introduce evidence relevant to the issue of liability. Ruppel v. Clayes, 230 Mo.App. 699, 72 S.W.2d 833, 835 (St.L.1934). A defendant "cannot deprive [a] plaintiff of the right to present to the jury, in his own way, competent and relevant evidence to show all the circumstances attending [to] the accident." Id. To allow a defendant to substitute a "naked admission" for a full picture of the events may rob the evidence of much of its fair and legitimate weight. Id. at 836.

Additionally, in Franklin v Byers, 706 S.W.2d (Mo App 1986) the appeals court stated that the trial court did not abuse its discretion in admitting testimony and evidence regarding the circumstances of the accident and the defendant's intoxication. The party bearing the burden of proof is not bound to a party's admission.

We are a top injury law firm in St Louis, our head injury lawyer, Ben Sansone, successfully pursues drunk driving injury and wrongful death cases. Call today for a free meeting at (314) 863-0500 or contact us online.

Drunk Driving Injury Related Articles:

Proving the Other Driver was Intoxicated

Illinois drunk driving accident settlement

Sansone / Lauber obtains Judgment against Drunk Driver 2.3 Million

Worrisome news was reported recently when a local news station revealed that at least two St Louis drunk driving accidents in less than a week involving drivers being arrested with multiple prior DWI convictions. The rash of arrests of repeat offenders begs the question about what law enforcement officials are doing to keep these people off St. Louis roadways and away from innocent drivers.

The first incident occurred a few weeks ago when a 49-year-old woman was arrested for DWI on Olive Boulevard. According to a police spokesperson, the arrest marked the woman's fifth for drunken driving.

The woman's arrest happened only a few hours after Ricky Weeden (who we previously mentioned here) hit and killed a 4-year-old who was crossing the street with his older brother to buy candy from a convenience store. The little boy's brother remains in Children's Hospital recovering from multiple broken bones.

According to court records, before being charged with leaving the scene of an accident, Weeden, had previously had his driver's license revoked following a drunk-driving conviction back in 1993. Since his first brush with the law, he's been convicted of driving while intoxicated at least four more times.

A few days later, another incident involving a drunk driver occurred when a 66-year-old lost control of his pickup truck and ran into four pedestrians who were walking down the sidewalk at Kingshighway and Landsdown. All four victims have been taken to area hospitals for treatment of their injuries. Since the incident the man was arrested and charged with four counts of second-degree assault and driving while intoxicated.

Though each may seem like a tragic example of someone's irresponsible behavior, the problem is that many drunk drivers refuse to learn their lesson. Being arrested once for endangering others is bad enough, but three or four or even five convictions for DWI is inexcusable. Such repeat offenders represent a serious danger to the public, something that the victims of their bad behavior tragically understand.

If you've been injured by a drunk driver it's important to seek out an attorney that's familiar with such cases so that they can ensure you get the compensation you deserve. Missed work, hospitalization, medical bills and continuing therapy are all expensive results of such a collision and you should not bear the financial strain of someone else's irresponsible behavior.

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 Missouri car accident attorneys today at 314-863-0500.

Source: "Multiple incidents in St. Louis-area throughout past week involve repeat DWI offenders," published at KMOV.com.

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St. Louis Child Dead and Another Injured After Hit-and-Run Accident

Verdict in Wrongful Death Case after Alcohol Sold to Minor Contributed to Drunk Driving Accident

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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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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Drunk Driver Hits Horse-Drawn Carriage Leaving One Rider Dead, Several Injured

Drunk Driving Deaths in Maryland Heights Missouri

A family recently filed a drunk driving wrongful death lawsuit against a local nightclub and a drunk driver after the intoxicated driver slammed into the back of a horse-drawn carriage, killing one man and injuring four others.

The lawsuit names the driver of the 2006 Infiniti G35, and The Lounge Nightlife Complex as defendants. The club is named as a defendant for selling alcohol to the drunk driver and a friend who were out celebrating a birthday.

The injury and death victims were out for a similarly celebratory reason. One wrongful death victim and his wife were going for a ride in the carriage to celebrate her birthday. Sadly, the husband later died as a result of the drunk driving crash and the wife suffered a severe head injury as well as multiple fractures that will require continued physical therapy. Others injured in the crash include the operator of the carriage, a local man and an 18-year-old passenger.

The wife of the death victim was only recently released from the hospital and has months of intensive physical therapy in front of her due to the terrible drunk driving accident. She had to be told days later that her husband had died and is left only with memories of the good time they had prior to the fatal wreck.

Papers filed at the courthouse claim the driver is liable for the injuries and death that resulted from the collision due to his negligence. As proof, the family cites the fact that the young man was driving erratically while intoxicated and speeding. See, Missouri Evidence: Proving the Driver was Drunk. The family argues that the nightclub should be held liable because it sold alcohol to the driver when it was obvious to all that he was intoxicated to the extent that he represented a clear danger to himself and others. See Missouri Dram Shop: Driver Visibly Intoxicated. Witnesses have said that prior to the high-speed crash, the driver was visibly drunk and falling off the curb onto the street. He also required assistance with standing. The lawsuit requests that the driver and The Lounge pay unspecified actual and punitive damages.

For the driver the trouble is not limited to a civil lawsuit. The drunk driver has been charged with one count of intoxication manslaughter and two counts of intoxication assault in the crash.

Though the costs for the driver look to be steep, the price paid by the innocent victims is far higher. A man lost his life, a wife lost her husband and several others suffered horrible injuries that will stay with them for a long time to come. 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: "Driver, bar sued after fatal carriage wreck," by Robert Stanton, published at Chron.com.

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Verdict in Wrongful Death Case after Alcohol Sold to Minor Contributed to Drunk Driving Accident

Drunk Driving Deaths in Maryland Heights Missouri

As a Missouri accident attorney handling hundreds of personal injury and Missouri car accident cases, I have never once seen a case where the defense admits they were in the wrong when filing their answer or defensing the lawsuit. Even in the situation where the defendant has plead guilty to DWI after being arrested after the collision. In fact not only do the auto insurance lawyers deny liability, they make affirmative defenses saying that the victim was at fault. However, oftentimes that changes the days before trial, the defense will decide to admit negligence or fault for the car accident or other negligence that caused they injury and then plead to the jury to ignore the facts of the accident and determine the victim is only entitled to a small amount of damages. This is an attempt to minimize the jury verdict by glossing over the defendant's reckless acts. Some St Louis judges have recently gone along with this and ruled that the evidence of the accident itself and how it happened is irrelevant since the defense admitted fault. This is reversible error. A good injury lawyer knows the law and is prepared to stop this type of a ruling that could severely damage a good injury case. This is not the law in Missouri, and even when the defense admits fault, the Plaintiff can still put on their evidence regarding how the collision or injury occurred.

This issue was resolved as far back as 1934 in the case of Ruppel v. Clayes, 72 S.W.2d 833, (MO Ct App 1934) and was recently revisited in Burrows v. Union Pacific, 218 S.W.3d 527 (Mo Ct App ED 2007), specifically stating that "Even when a defendant makes an unqualified admission of liability, a plaintiff has the right to introduce evidence relevant to the issue of liability." Burrows at 534. As to allow this would "allow a defendant to substitute a "naked admission" for a full picture of the events may rob the evidence of much of its fair and legitimate weight". Id.

Why is this important? It is particularly important in Missouri drunk driving accident cases or car collisions where the at fault driver did not make just a mistake, but was reckless in their actions that led to the auto collision or other type of injury. You can imagine that given the same injuries, a jury would likely return a different verdict if the defendant was a mother temporarily distracted by her children in the back seat versus a drunk driver coming home from the bar in the middle of the night. That is what the defense will try to do with motion to exclude the facts of the incident claiming them as irrelevant because they just admitted fault. Additionally, in most cases involving a drunk driver, the defense denies the at fault driver was drunk, and then will admit it once the case goes to trial. Well, that is relevant as the defense has now taken two inconsistent positions, dragged an innocent victim to a trial by denying they were drunk and caused the drunk driving collision and then admitting it at the last minute so they do not look like jerks to a jury. And for what? in an attempt to save an auto insurance company a little money by trying to deny a victim justice.

The last minute admission of liability is just one of many tactics in the insurance defense lawyers' arsenal. If you are the victim of personal injury, call experienced St Louis accident lawyer Ben Sansone for a free no obligation consultation at (314) 863-0500 or contact us online.

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Defendant's Denial of Liability can Come back to Haunt Them

Proving the Other Driver was Intoxicated

Drunk driving accident lawyers obtained a huge 716 Million dollar judgment, including punitive damages. In 2008 a thirty-two year old mechanic was stopped in his car waiting to exit a restaurant. In the same area a teenage driver was going 95 in a 35 in a Chevy Camaro when he lost control of the car and caused a high speed crash with the mechanic who was just waiting to leave a parking lot. The mechanic dies within minutes at the scene of this tragic drunk driving wrongful death crash. The intoxicated driver had a BAC of .136 one hour after the crash. This means he likely had a .140-.150 BAC at the time of the collision based on the average person's ability to eliminate alcohol from their system. The at-fault and intoxicated driver is serving 5 years for Negligence Homicide.

The evidence was that the underage drunk driver had consumed alcohol purchased by him from a local food mart. The family of the victim filed a wrongful death lawsuit obviously against the driver, but also against the store that sold the underage driver the alcohol. The cause of action is similar to a case against a bar that serves alcohol to a visibly intoxicated person who then goes out and causes a car accident that hurts or kills someone. See Missouri Dram Shop Cases. In this case the store was liable because the drunk driver was a minor and never should have been sold the alcohol to him in the first place. Had the driver been of age, the case against the store would probably not have been viable.

According to the testimony, the store involved in this case was known among teenagers as a place they could buy alcohol and that kids as young as 14 were known to purchase alcohol there. The store owner claimed they always carded and never sod to minors, however at trial it was proven that they sold alcohol to minors before and after the wrongful death case through citations issued against the store for selling to minors.

Our St Louis injury firm handles DWI accident cases in Missouri and Illinois. These cases require experience to be handled properly. Not only do you need a lawyer that understands personal injury law well, but also a lawyer that understands DWI criminal law. This is because the criminal case must be monitored closely as the criminal case is handled by the State, but as your personal lawyer we can make sure the prosecuting attorneys are aware of all the injuries and how they have affected the victim and their family's life. Otherwise, you risk a situation where the prosecutor's office drops the ball and allows a easy probation plea to be entered, which allows the drunk driver to move on with their life with minimal consequence. Additionally, if the criminal case is handled properly it can have a tremendous affect on bolstering the civil damages case.

See:

Drunk Driving Deaths in Maryland Heights Missouri

Missouri Bike Accidents: Common Causes and Proving Driver was Intoxicated

Missouri Drunk Driving Accident Lawyer Obtains St Louis County Judgment of $2.3 Million

A personal injury lawyer has settled a lawsuit initiated by the parents of a Texas boy who sustained serious injury in a car accident. The offending driver is a restaurant patron and is alleged to have been drunk at the time of the accident. The parents of the young boy, who is now six years old, sought $10 million in the personal injury case, with some of the money coming from the establishment serving the man alcohol and some of personal injury money from the offending driver himself. The restaurant was a branch of franchise, Applebee's which is based in Kansas City, Missouri, and the final personal injury settlement amount was undisclosed. See Missouri Dram Shop Laws regarding liability of the restaurant for over serviung the drunk driver.

The lawsuit accused the restaurant of serving the customer with around 23 drinks in a period of time said to be under two hours. The man then got behind the wheel and proceeded to drive home, crashing into the family's car en route. The family's lawyers stated that the law firm's investigation into the car accident was a key component in securing the compensation they were looking for. The personal injury lawyer's investigation was one of incredible depth, and they managed to collected a great deal of evidence for case, including the drunken driver's receipts showing that he paid for almost two dozen drinks over the two-hour time period.

A parallel investigation undertaken by the police determined that, at the time of the car accident, the man's blood alcohol level was more than three times the legal limit, which is around 0.08 per cent. The family instigated legal action against both Appleby's and the driver for the serious personal injuries which their son sustained in the car accident. It transpired that the driver was a repeat DWI offender, and he now faces criminal charges in relation to the crash with a criminal trial pending as a result of his reckless actions. At this stage, medical examinations suggest that the young boy sustained damage to around 80% of his brain in the car accident, a diagnosis which has meant that his family incurred astronomical medical expense bills and will likely continue to do so as the boy grows older.

The lawsuit initiated for $10 million will go towards covering for round-the-clock medical care, future loss of earnings, pain and suffering and also mental anguish, all of which are quite typical of such serious personal injury cases. As is the case with a number of states, there is legislation in places called the Dram Shop Act which means that damages can be claimed from businesses who are guilty of servicing excessive quantities of alcohol to customers which later get involved in incidents such as car accidents. The family lawyer stated to reporters covering the case that the settlement is a reminder to establishments which have a licensed to serve alcohol to do so responsibly and carefully. He went on to state that the family of the young boy would be buying a specially modified van for transport and also a round-the-clock nurse in a bid to make the boy's life as comfortable as possible.

On April 17, 2012, a drunk driver was speeding down Missouri Route 364, the Maryland Heights Expressway, collided with the rear of another vehicle causing the van he was driving to flip over several times before coming to a stop. The St Louis area drunk driving crash needlessly resulted in the death of several of the passengers. As usual, the drunk driver survived.

Just recently, drunk driving injury attorney Ben Sansone filed a wrongful death lawsuit against the driver. See PETITION - St Louis DWI Wrongful Death Accident. The lawsuit was filed on behalf of the family of the 17 year old female passenger and against the driver for compensatory and punitive damages in excess of 10 million dollars. The driver has not been criminally charged yet, however, we expect St Louis County to file felony charges in the near future.

The tragic deaths of the teenage passengers were reported by local news outlets:

KMOV: Teen dies after rollover wreck on Highway 364

STLToday.com: St. Charles man arrested for DWI in fatal crash in Maryland Heights

CBS News: Caseyville Man Killed In Hwy. 364 Crash

The Clayton personal injury firm of Sansone / Lauber routinely handles drunk driving related injuries from car accidents, bike accidents, and truck accidents. See Drunk driving law for recent blog article related to personal injury and drunk driving accidents. Contact us at (314) 863-0500; via email, or online.

Aggressive pursuit of these cases is important for many reasons. The victims or their families need to be involved in the criminal process, through victim advocates and their personal lawyer, to make sure the State takes the victim's interests into consideration when making major decision ont he handling of the criminal case. Additionally, drunk drivers often have low insurance limits, therefore, it is important to have an experienced DWI injury lawyer investigate additional sources of insurance through negligent entrustment or Missouri dram shop laws.

Case Example of why expert legal representation is required in these matters:

We currently represent a Wentzville biker that was struck and almost killed by a drunk driver. The driver was charged with DWI and failure to maintain a safe distance when passing a bike. The driver plead guilty to the charges, therefore, he cannot contest that he was drunk in the St Charles bike injury case because he admitted his intoxication when he plead guilty. However, about 6 months after the driver entered his plea of guilty, his criminal defense attorney filed a motion with the court to amend his plea of guilty to an "Alford Plea" commonly known as a "No Contest plea". The only party the criminal defense lawyer is legally required to give notice to about this motion is the prosecutor's office, not the victim or his personal lawyer, me! Luckily, my office monitors these types of things and caught the motion and will be at court to represent the victim to try and prevent this amendment. Why is this important you may ask? As stated above, in the civil case a guilty plea is admissible as an admission of guilt, i.e. the driver admitted he was drunk. However, a "No Contest" plea is technically not an admission of guilt. Therefore the drunk driver can attempt to deny his intoxication despite entering into a plea deal on the criminal side. A very sneaky move by the defense, however, since we expect these types of slimy moves we were able to catch it before it could have done any damage to the civil personal injury case.

A new study titled, "The Facts Hurt" finds Missouri to have the sixteenth highest number of injury deaths in the United States. Neighboring Illinois finds itself at the opposite end of the list with the seventh lowest ranking.

In Missouri, 70 out of every 100,000 residents die each year from preventable injuries such as drunk driving accidents , drug overdoses, falls and domestic violence. While that number may not seem so high compare it to Illinois where just 49 people out of 100,000 die due to similarly preventable accidents.

Rich Hamburg, spokesperson for the Trust for America's Health, says that Missouri could do a lot better when it comes to preventing accidental drug overdoses. Specific problems include a lack of an effective prescription drug-monitoring program, something that puts Missouri behind the majority of other states. Hamburg says Missouri should also consider far stricter automobile safety laws if it wants to improve its ranking. Things like mandatory ignition interlocks for convicted drunk drivers, more aggressive enforcement of seat belt laws, mandatory bicycle helmet usage, etc.

Given our risk of injury in the state and the approach of summer holidays it's important that Missourians have some basic safety information about many of our favorite hot weather activities. Information is the best way to work to reduce deadly injuries.

Pools:

Watching children carefully when around water is absolutely critical. The United States Consumer Product Safety Commission reports that children under the age of 5 account for almost 75% of the deaths that occur each year in pools across the country. As a result, NEVER leave a child unattended near a pool, spa or other body of water.

Motorcycles:

When the weather turns nice and people take long weekends many jump on their motorcycles to cruise the state's roadways. These motorcyclists are at a special risk of injury and death if they're involved in a car crash. The National Highway Traffic Safety Administration (NHTSA) reported in 2009 that 4,462 motorcyclists were killed and 90,000 were injured on our highways. Motorcyclists are exposed and vulnerable and drivers should remember to avoid distracted driving as even one instance could result in tragedy.

Boating:

A popular activity for many when hot weather returns is getting on a boat and relaxing on a lake. Missouri waterways will be especially crowded over the Memorial Day weekend and remain crowded throughout the peak summer season. Sadly the crowds meant hat the number of water-related injuries and deaths are sure to increase. While you may be tempted to drink and boat, remember that driving a boat intoxicated is just as dangerous as getting behind the wheel of a car drunk. If you're the captain then avoid having too much to drink as it puts yourself and others at great risk.

It's also important to remember to wear life jackets while on a boat. Accidents can happen anytime, even if you're an experienced boater. Making sure you and your guests are properly fitted with floatation devices can great reduce the risking of a deadly boating accident or accidental drowning.

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 car accident attorneys today at 1-314-863-0500.

Source: "Missouri Ranks Sixteenth Highest Injury Death Rate In Nation," by Fred Bodimer, published at StLouis.CBSLocal.com.

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Drunk driving injury lawyer Ben Sansone focuses on pursuing drunk drivers on behalf of injured clients and their families. We have handled dozens of drunk driving injury cases in Missouri and Illinois to successful conclusions. With the assistance of Sansone's partner, Gary Lauber, a former prosecutor, they have the experience and skill necessary to aggressively pursue drunk drivers in personal injury cases and wrongful death actions. See 2.3 Million dollar Judgment Obtained againt St Louis County Drunk Driver. Also see Drunk Driving Injury Lawyer Articles.

The Franklin County, Missouri Sheriff's Office wants to make sure during prom season the teenagers and other drivers on the road are safe and sober. Law enforcement agencies across the state are working with the Missouri Department of Transportation to crack down on underage drinking and driving as well as minors found to be in possession of alcohol between May 3rd and May 13th.

In Missouri it is illegal for anyone under 21 to possess or consume alcohol, yet teens make up an alarmingly large proportion of the drunk drivers arrested for having caused traffic accidents on Missouri roadways each year. Though most would not think so, many drunk drivers are under the age of 21.

From 2009-2011, there were 83 fatal crashes and 233 disabling injury crashes involving an alcohol impaired driver under the age of 21. Devastatingly, there were 94 people killed and 368 seriously injured as a result of these crashes.

Franklin County has specific reason to be concerned as it came in at number four in Missouri for traffic cashes between 2009-2011. In Franklin County alone there were 41 crashes involving drunk drivers under the age of 21. During the same two years there were four fatal crashes and four disabling injury crashes involving an impaired driver under 21.

Franklin County police officers as well as officers across the state will be stepping up enforcement of Missouri's Zero Tolerance Law. The law says that anyone under the age of 21 caught driving with even a trace of alcohol in their system will have their license suspended. "Drinking and driving is not worth the risk," said Leanna Depue, chair of the executive committee of the Missouri Coalition for Roadway Safety. "Zero tolerance means zero chances: Drive Sober or Get Pulled Over."

The consequences for such reckless behavior includes jail time, loss of a driver license, or being sentenced to using ignition interlocks. Insurance rates will also go up as a result and the perpetrator will have to shell out money for attorney fees and court costs.

In 2011 across the state there were 217 people killed and 867 seriously injured in crashes involving an impaired driver. As Saint Louis personal injury attorneys we routinely see the devastating aftermath of collisions caused by such drunk driving accidents. If you've been the victim of such an accident and need help navigating confusing legal waters, contact our skilled Missouri injury lawyers today.

Source: "Officers to Crack Down on Underage Drinking," published at eMissourian.com.

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Bicycle Injuries - Usually Negligent but Sometimes Drunk Drivers or Road Rage

Attorney Causes DWI Death and Severely Injures Two Others, Gets 25 years Jail

Bike accidents happen all too frequently and as a St Louis bike injury lawyer the vast majority of bike accidents I see are exactly that, accidents. Accidents wherein a driver may be liable for the injuries because they were negligent, meaning they unintentionally and mistakenly did something wrong and failed to keep a lookout or yield and thus hit a bicyclist. Every so often I believe the driver may have done it on purpose or out of road rage. Additionally, I have often seen drunk drivers hit cyclists in Missouri and Illinois. Never have I seen a video as blatant as the one below, a bus driver was convicted of purposely hitting a cyclist, and it was caught on video.

The bus driver pleaded guilty to and was convicted of dangerous driving and causing grievous bodily harm to a biker. Had this incident not been caught on tape it may have been a hard conviction to make. Now consider if it was not a bus driver with passengers and on a road with witnesses, instead a car with a single driver that hits a cyclist on a rural roadway. See St Louis Cyclist hit By Drunk Driver. No witnesses and the driver can make up any story he wants, such as: the cyclist swerved into the lane, ran off the roadway themselves, or the even more common situation of the driver keeps going.

For these reasons is why any bicyclist needs an experienced St Louis bike lawyer to investigate and aggressively pursue the at fault driver or to pursue an Uninsured Motorist Claim if the driver fled the scene of the collision and could not be identified, thus becoming a phantom vehicle which is an uninsured motorist under Missouri law, thus the cyclist's injures should be covered if they have an auto insurance policy. Additionally, if there is evidence of purposeful striking of the cyclist or drunk driving, you must pursue punitive damages, this will result in a higher compensatory award as well as a punitive damages award. Punitive damages are a necessary allegation as the claim for punitive damages is not only legitimate, but raises the stakes for the defendant which puts more pressure on his car insurance company to settle the case for what it is worth.

Other Bike Accident and Injury Articles:

The "I did not see the cyclist" Defense and dealing with it at Trial

Bicyclist Right of Way at Unmarked Intersections

Continue reading "Bicycle Injuries - Usually Negligent but Sometimes Drunk Drivers or Road Rage" »

In Missouri auto accident cases, it is typical practice for insurance defense lawyers to outright deny all liability, even when the insured driver being sued is clearly at fault. I see it all the time and am amazed, especially when the car accident was caused by a drunk driver. Fault is often admitted directly by the driver, or even when they plead guilty to DWI or failure to yield, reckless driving, failure to maintain safe distance, or other traffic ticket they plead guilty to. Fault has been admitted to through a plea of guilty to the traffic violation and the accident is clearly their fault. So in their deposition the defendant, a drunk driver in my example, will admit they pleaded guilty to the DWI charge to get probation (an admission of fault) and that the injured victim or other driver was not speeding and do not do anything improper.

So a trial tactic insurance lawyers like to take, after dragging an injured person through months or years of litigation, is to say to a jury, "we know it was our fault so go ahead and give them a little money and pay their medical bills, but do not give them as much money as they are asking for." This is an attempt to gain credibility with the jury and act like they want to do the right thing and pay for the damages their insured driver caused. I immediately respond to these appeals to the jury with a statement to the affect that the insurance company has the gall to admit they are at fault, yet refuse (until now) to pay the Plaintiff for their injuries and drag them through litigation and a car accident trial.

Additionally, attack them with their prior legal pleadings denying liability, showing that they now claim they want to do the right thing, but all along have been denying liability. This tactic will be objected to and fought by the insurance lawyer, however, Missouri case law supports the proposition that the victim's lawyer can make this argument, even if the pleadings were later amended.

When a defendant takes a position at trial that is inconsistent with a prior pleading, that pleading may be received in evidence. "Such admissions are not binding on the party but may be employed for impeachment and are to be weighed by the trier of fact in the same manner as any other admission. Hall v. Denver-Chicago International, Inc., 481 S.W.2d 622, 628 (Mo.App.1972). The basis for receiving in evidence the pleading admission, later abandoned, is its inconsistency with the position taken at trial. Howell v. Dowell, 419 S.W.2d 257, 260 (Mo.App.1967)."

Thus, given that a prior or superseded or abandoned pleading may be received in evidence because of inconsistency with a position taken at trial, as an admission against interest, and/or for impeachment purposes, Bank of America, N.A. v. Stevens, 83 S.W.3d 47, 56 (Mo.App. S.D. 2002), precluding its use in advance would be improper.

This along with may other trial tactics are very important, often it is not enough for a jury simply to agree with the injury victim that the other driver was negligent, a good trial lawyer shows the defendant's disregard and lack of caring for what they did, which should result in a better result for the injured victim of the car accident.

See related blog:

Evidence in Missouri Drunk Driving Car Accident Injury Case: Proving the Other Driver was Intoxicated

Trial Evidence in Missouri Personal Injury Lawsuits - Can a Personal Injury Lawyer Admit into Evidence an SIS (Suspended Imposition of Sentence - probation in lieu of a conviction)

Continue reading "Defendant's Denial of Liability can Come back to Haunt Them" »

A now former attorney was sentenced to 25 years in prison for the drunk driving wrongful death of a 31-year-old woman and injuries to two others. While driving from a football game and fueled by twice the legal amount of alcohol, Tolliver caused the car crash when he ran a red light and slammed his SUV into an oncoming cab. The impact instantly killed 31-year-old, mother of two, Shannon Brown, while the other passenger suffered severe injuries of a collapsed lung along with loss of sight in one eye and the cab driver's injuries put him in a coma for several weeks. See: St Louis Lawyer blog article: TBI and Drunk Driving Trends

This guy had 4 separate prior DWI convictions. This is not a new situation, repeat offenders severely injuring and killing innocent victims. See Missouri Drunk Driving Accident Lawyer Ben Sansone Obtains St Louis County Judgment of $2.3 Million. The intoxicated driver's family members stated that he was receiving regular treatments; however, part of his probation agreement from his latest DWI conviction was that he not be allowed to drive. Though some may argue that after two convictions it should be realized the offender has no intention of obeying the law, but once again it took 4 DWI convictions, a death of a mother and permanent dismemberment and traumatic brain injury to others for a Fulton County Judge to "let the community know such behavior deserves severe punishment." As such and per a plea deal, she sentenced Tolliver to 25 years in prison. He pleaded guilty to one count of vehicular homicide and two counts of serious injury by vehicle, all while driving under the influence.

I have represented injured parties in other motor vehicle accidents involving drunk drivers. See Missouri Injury Law Blog: Drunk driving Law . While this is apparently a case of blatant intoxication with tragic results, many cases where the actions of the driver are just as egregious do not get the media attention because the driver did not kill anyone or severely harm them. But does that make their reckless actions any less reckless? I say no, we are currently pursuing five or six drunk driving cases with minor injuries.

When the driver was drunk but the injuries are minor, the insurance companies resist settlement because the injuries are not massive and therefore ignore the fact their driver was drunk. These cases must be pursued vigorously however some lawyer give up too easily on these cases . See: Illinois Drunk Driving Car Accident - My Client was Rear Ended by a Drunk Driver Going Approximately 60 MPH - Prior Illinois Personal Injury Lawyers Failed to Pursue Claim- Case Referred to Us for Trial

If you or a loved one are the victim of a reckless drunk driver, even if the injuries are minor, contact St Louis drunk driving accident lawyer Ben Sansone today for a free consultation. We aggressively pursue these cases.

"Dram Shop" cases are drunk driving injury cases pursued by the injured party, or their surviving family as a wrongful death claim, against the bar or restaurant that may have over served the intoxicated driver that caused the car accident. For more information on lawsuits against the negligent bar or restaurant for over-serving a drunk driver See Missouri Drunk Driving Accident Lawyer Article: Drunk Driving Accident Lawsuits in Missouri - Making a Negligence Claim Against the Bar that Over-Served the Missouri Drunk Driver

As an injury lawyer, often specializing in drunk driving injury cases, I can tell you first hand that Dram shop cases are difficult, but winnable. Under Missouri Statute § 537.053 a Dram Shop case has three main elements to the cause of action:

1. The claim must be brought (1) "by or on behalf of any person who has suffered personal injury or death"

2. Against a "person licensed to sell intoxicating liquor by the drink for consumption on the premises . . ."

3. Clear and convincing evidence the seller "knowingly served intoxicating liquor to a visibly intoxicated person"

That can be very tough case to prove, first you have to find out where the reckless drunk driver that caused the car accident came from, and they may not tell anyone where they came from or admit it to you.

The more difficult part to prove is whether or not the driver was "VISIBLY INTOXICATED" Can you find witnesses that remember seeing the intoxicated driver at the bar and remember or be willing to testify that they were visibly intoxicated? Probably not, most of these cases are proven through he police officer's observations and hopefully a blood or breath test. Then hire a toxicologist to testify what the driver's physical appearance would have likely been based on the BAC test by the police or their observations. In many cases the intoxicated driver who caused the accident may have little or no insurance, and certainly not enough to compensate an injured driver or passenger who is severely injured. Thus the possibility of pursuing the bar or restaurant is something that must be investigated in most drinking and driving car accident injury cases. See, Evidence in Missouri Drunk Driving Car Accident Injury Case: Proving the Other Driver was Intoxicated stating:

Whether a defendant is intoxicated may be proven by any witness who had a reasonable opportunity to observe him. State v. McCarty, 875 S.W.2d 622, 623 (Mo. App.1994); State v. Corum, 821 S.W.2d 890, 891 (Mo.App.1992).

[I]ntoxication is a "`physical condition usually evidenced by unsteadiness on the feet, slurring of speech, lack of body coordination and an impairment of motor reflexes.'" [State v. Ruark, 720 S.W.2d 453 (Mo.App.1986) ] at 454 (quoting State v. Blumer, 546 S.W.2d 790, 792 (Mo.App. 1977)).

The "VISIBLY INTOXICATED" portion of the dram shop law has recently been discussed by the Missouri Court of Appeals, Western District, in Nokes v HSM Host USA LLC, WD Court App Opinion 9/13/2011. In the Nokes case, the trial court granted summary judgment in favor of the defendant because the Plaintiff did not have any direct evidence that the driver was "visibly intoxicated", meaning an eye witness or videotape. The Appellate Court overruled that requirement stating:

"Nokes's evidence regarding Chiarelli's level of intoxication, taken together with the drink receipts, the police report, and the expert testimony that such a level of intoxication would produce outward manifestations of intoxication was sufficient to demonstrate the existence of a genuine issue of material fact as to whether the Host defendants knowingly "served intoxicating liquor to a visibly intoxicated person." Section 537.053."

Thus, in Missouri visible intoxication can be proven by circumstantial and indirect evidence, eye witnesses not required.