Missouri Injury Law Blog

Article by Erin Mace - Sansone Law, Staff

Above is a map showing each state’s current ban on text messaging while operating a motor vehicle. As you can see, more states are restricting all phone use while driving. 23 states and the District of Columbia ban all drivers from texting, while only 8 states ban novice drivers to use their phones for any purpose – talking or texting. Novice drivers are defined as younger than 18 or 21 years of age, depending on the individual state.

One of the largest personal injury wrongful death verdicts in a texting-while-driving wrongful death case was handed down in Texas. The defendant made 7 phone calls and sent 15 text messages during a span of 45 minutes before the accident took place. As a Missouri personal injury attorney firm, we are glad to see this ban happen. The family of the auto accident wrongful death victim is hoping to use this incident as a platform to make texting while driving illegal in the state of Texas. As you can see from the map above, they already have some restrictions on this – mainly directed towards novice drivers.

Missouri is currently one of the 8 states to have a ban on texting while driving for drivers 21 years of age or younger. If caught, they will be charged and given a fine not to exceed $200. Missouri is also working on a new bill (HB1202) that was first introduced in December of 2009. This bill will ban all drivers – no matter the age – of texting or talking on cell phones, without a hands free device, while driving on a paved road. As the bill reads, “A violation of this section shall be deemed an infraction and shall be deemed a moving violation for purposes of point assessment under section 302.302, RSMo.” The fine will also be $200. The only exceptions to this law would be if a driver is dialing a number in preparation of making a phone call or setting a GPS feature on the phone. Also, the provisions will not apply to a person operating:

(1) A motor vehicle on a private or public gravel road;
(2) An authorized emergency vehicle; or
[(2)] (3) A moving motor vehicle while using a hand-held electronic wireless communications device to:
(a) Report illegal activity;
(b) Summon medical or other emergency help;
(c) Prevent injury to a person or property; or
(d) Relay information between a transit or for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle.
The bill has been referred to Public Safety and has yet to be calendared for a hearing. The proposed effective date is August 8, 2010. Rep. Jeff Roorda, D-Barnhart is in favor of the proposed revised law. However, as he stated, "The current law is incredibly subjective. Not only does (did) an officer have to look at a moving vehicle and determine whether the driver is 21 years of age or younger, but they must also determine if the device is being used for a prohibited or allowable use."

While it is clear that texting while driving is extremely dangerous, do we really need to add another law that will be almost impossible to enforce? Here are a few that keep Missouri’s finest quite busy implementing and kinda cover the effects of texting while driving: failure to drive in a single lane, improper passing, impeding the flow of traffic, following too close, failure to stop at stop sign, speeding, and so on ad nauseum – not to mention vehicular manslaughter charges. The Missouri Revised Statue 304.012. states, “Every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care”. Any person who violates this provision is guilty of a class B misdemeanor, unless an auto accident is involved, then is becomes a class A misdemeanor.

It was difficult enough to enforce when the law was directed to young adults under the age of 22 – some lucky souls just have good genes and look young. But now, with the exceptions like: dialing a phone number to make a call; receiving a call; and setting GPS locators, make it nigh impossible to make such a discretionary decision on the road. Why does texting-while driving wrongful death cases deserve more headlines, more punishment, and implementation of a new law than say….application of makeup-while driving being the basis for a wrongful death case? They both, technically, fall under the same definition and should be tried the same.

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Posted In: Injury Law , Automobile Accidents , Staff articles - Erin's Corner

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Each year in the United States there are well over 1 million people who suffer from some sort of Traumatic Brain Injury (TBI). Of that, between 50,000 and 100,000 people die from a TBI incident and approximately 80,000 to 90,000 are left with some sort of long lasting TBI impairment. Often times those injured must report to a hospital and/or specialty care facility and undergo some kind of rehabilitative treatment, like that offered at CareMeridian. While TBI can be caused by any number of incidents, falls, assaults, etc. many (as much as 20%) are caused by automobile accidents. Many of these automotive accidents are due to drunk or impaired driving. Young adults have a high incidence of TBI due to automotive accidents, and a large number of these involve alcohol or other mentally impairing drugs.

While drunk driving related Traumatic Brain Injuries are high there are measures that can be taken to prevent such incidents, the most important being don’t drive when impaired by alcohol or any other mind altering substance. Drunk driving is illegal in all 50 states and due to the recent increased enforcement of these laws TBI incidences have been on the decline. Nonetheless precautions should always be taken to reduce the likelihood of a drunk driving accident.

Posted by Benjamin J. Sansone | Permalink | Email This Post

Posted In: Automobile Accidents , Drunk Driving Law

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Back in early 2008 we were retained as the injury lawyers by the victim of a Belleville Illinois drunk driving crash at a major intersection. Initially, the victim retained a different personal injury law firm who secured a settlement offer of just under $50,000, however, the victim did not want to accept and the previous attorneys did not believe the case was worth more than that offer. We immediately filed a lawsuit on her behalf and eventually settled the case for the policy limits of $100,000.00.

The personal injury lawyers at Sansone Law at not looking for a quick settlement but will put all the necessary hard work into your case to make sure the absolute best result is obtained, as in the case above.

Our Missouri and Illinois personal injury law firm has handled and is currently handling many drunk driving accident cases in Missouri and Illinois. Personal injury lawyer Ben Sansone spent many years of his practice defending DWI cases and has extensive knowledge of all the tests, procedures, and facts necessary to prove the other driver was intoxicated in the civil case and thus open the defendant up to aggravated liability.

See below links of previous posts regarding the above case:

Illinois Drunk Driving Personal Injury Lawsuit

Illinois Drunk Driving Lawsuit - Complaint with Punitive Damages

The above link discusses an Illinois Complaint that includes punitive damages. In both Missouri and Illinois the rules of civil procedure require you initially file the lawsuit without punitive damages claim, gather the necessary evidence to support a punitive damages claim then file a motion for leave to amend the complaint and add punitive damages. This is technically the rule, however, it has been my experience that if you initially file the punitive damages claim by the time the defense files a motion to dismiss based on the plaintiff not obtaining leave as described above, the evidence has already been gathered and the court will grant the leave for punitive damages at the same hearing the defense is trying to get it stricken.

this is the approach I take when the evidence is overwhelming that the driver was intoxicated and we usually have evidence of a plea of guilty or a conviction prior to filing the case.

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Posted In: Automobile Accidents , Drunk Driving Law , Our Injury Cases , Verdicts & Settlements

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In August 2007 my client was the injury victim of a high speed car accident caused by an Illinois drunk driver operating a large pick up truck owned by a car dealership. See: Illinois Truck Accident - Drunk Driver Covered by Auto Dealership Policy

In Missouri and Illinois evidence of intoxication by an at fault driver will, in most cases, allow the imposition of punitive damages. Under Missouri and Illinois law, punitive damages cannot be added to a lawsuit until after filing a motion with the court, showing sufficient evidence to justify punitive damages, then the court will grant leave to file punitive damages. As a practical matter, if the evidence is overwhelming that the driver was drunk, then I often will add punitive damages initially as the defense will not fight the punitive damages claim as they know the judge will ultimately allow it. For example, See Illinois Drunk Driving Lawsuit - Negligence and Punitive Damages. Should a motion be necessary for leave to file punitive damages allegations supporting drunk driving should suffice to have leave granted to file punitive damages. See: Motion for Leave to File Punitive Damages - Illinois Drunk Driving Personal Injury Lawsuit.

Punitive damages are important as they can be used to pressure the insurance company to settle quickly to avoid an excess judgement. An excess judgement is when the judgement exceeds insurance policy limits and thus holding the at fault driver personally responsible financially over and above his insurance coverage. In such situations, I send a letter to the insurance company demanding payment of policy limits within a certain time period, usually 30 days. At the expiration of the time period the offer is forever withdrawn. This tactic opens the insurance company up to potential liability for an excess judgment under a bad faith refusal to settle claim.

The key to the above drunk driving head injury personal injury lawsuit settlement was the combination of the potential excess judgment liability and even more importantly properly evaluating, treating, and proving our client's traumatic brain injury through his treating neurologist as well as different experts to evaluate his current impairment as well as future impairment that he will suffer as a result of the head injury.

As a result of our efforts, the Illinois drunk driving injury lawsuit settled for a total of $575,000.00 $350,000.00 from the car dealership's insurance policy covering negligent entrustment and the negligence of the drunk driver; $100,000.00 being the policy limit for the drunk driver's separate personal policy, and $125,000 from the insurance policy that covered the driver of the vehicle my client was traveling in.

If you or someone you know has suffered a traumatic brain injury, post concussion syndrome, or other head trauma as the result of the negligence or fault of another, please contact us for a free evaluation of your case.

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Posted In: Automobile Accidents , Our Injury Cases , Verdicts & Settlements

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In January 2009 around 4:30 p.m. a Missouri personal injury insurance claim and possible lawsuit arose when my client was traveling on North Lindbergh when he notice a car slowly rolling onto the center median curb with the driver slumped over the wheel. Concerned for the driver's safety as my client though he was having a heart attack he got out of his car to assist the driver. The driver's side window was down so he reached in and put the car in park and see if he could assist the driver. When my client asked the driver if he was alright he regained consciousness, and it quickly became clear that he was severely intoxicated. The drunk driver got angry and claimed my client was trying to get him in trouble as the emergency vehicles were approaching, thus the St Louis Missouri drunken driver sped off dragging my client along with him for several yards or more till he broke loose. My client sustained severe personal injuries including serious injury to his knee, back, neck shoulders, and not to mention the emotional trauma.

The driver was arrested a few blocks down after trying to hide in a strip mall and charged with DWI. The day I was retained as the victim's personal injury lawyer we investigated the driver's record and discovered not only that he was driving on a revoked license and without insurance, but that he also had multiple DWI guilty pleas.

Most likely the other driver is what we call judgment proof, meaning a civil judgment for money against him is worthless as he has no assets to satisfy the judgment. Luckily, the personal injury victim in this case had Missouri car insurance and thus as required under Missouri personal injury law the policy must have a minimum $25,000 coverage for injuries sustained as the result of an uninsured motorist. Moreover, in this case my client was wise enough to pay for a $100,000 uninsured motorist policy that applied to at least two cars, thus under Missouri injury law the two $100,000 uninsured motorist policies may be able to be "stacked" and thus increasing the maximum coverage for this personal injury loss to $200,000 for uninsured motorist coverage.

Uninsured motorist coverage applies to the insured or the person, not the vehicle. This is why pedestrians that may be nowhere near their vehicle can make an uninsured motorist claim if they are injured as the result of the negligence or recklessness of an uninsured motorist.

I have represented many people that have suffered very serious injuries as the result of an uninsured or under insured motorist; all of those people now know that the few extra bucks it costs a year to raise under insured and uninsured motorist coverage limits in well worth the small policy premium increase.

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Posted In: Injury Law , Automobile Accidents , Our Injury Cases

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As a personal injury lawyer based in St Louis, I know first hand that one of my clients' top concerns is insurance liability coverage usually stated to me as "what or whose insurance applies to cover my injury?" There are several types of insurance coverage to indemnify an injured victim in a Missouri car accident. The primary one every driver is supposed to have under Missouri law is liability coverage, which Missouri state law requires a minimum of 25/50. This 25/50 means $25,000 per individual or $50,000 limit if 2 or more individuals are injured.

Oftentimes this 25/50 coverage this is not enough, thus it is a very good idea to have Missouri under insured motorist coverage (commonly referred to as "UIM" coverage") to protect yourself if another driver carrying the state minimum of $25,000 causes injury to you or a family member that justifies a Missouri injury or insurance claim in excess of $25,000. Therefore, if you carry a $100,000 Missouri under insured policy then there is an additional $75,000 an injured victim can recover if the at fault driver only carried state minimums or an amount less then your under insured coverage.

What if the other driver had no insurance or fled the scene? Then that would usually be a claim under Missouri Uninsured Motorist coverage (commonly referred to as "UM"coverage"). Everyone that is insured in Missouri automatically carries a minimum of $25,000 of uninsured motorist coverage in Missouri as this is required by Missouri state law. It is based on the view that it is against public policy to carry the minimum liability coverage and not have a minimum uninsured motorist coverage. However, as a Missouri personal injury lawyer, I have seen countless situations where clients wished they carried more than $25,0000 of uninsured motorist coverage, I recommend to anyone to carry the maximum of both uninsured motorist coverage and under insured motorist coverage.

Here are a few fact examples from Missouri and Illinois injury cases I am currently handling.

Jefferson county personal injury client allows her friend to drive her car, the friend loses control, runs off the road and crashes into a tree. What policy covers my client for her injuries? In most cases her insurance policy that she had on the car because by allowing her friend to drive it is a "permissive use" thus the policy on the car applies. Now, this is not true in every situation and sometimes specific facts may change which Missouri insurance policy coverage applies.

Different situation, I currently am handling a St Louis city motorcycle accident case that arose from an uninsured motorist striking a motorcyclist and his passenger. Both the driver of the motorcycle and the passenger have their own insurance policies on different vehicles including the motorcycle for the driver only. Usually, under this scenario the Missouri Uninsured Motorist policy for each one of their vehicle applies. Therefore the driver makes a UM claim under his motorcycle policy as well as under his UM policy coverage for his other vehicles, as UM coverage also covers the named insured. The passenger is making a Missouri uninsured motorist claim under the drivers motorcycle policy as well as the policy on her primary vehicle. This brings up many other issues such as stacking, anti-stacking clauses, set off clauses, and other exclusionary clauses the insurance companies use to limit their exposure in cases such as these.

Often clients don't understand exactly why coverage for a car or vehicle that was not involved in a Missouri car collision could apply. Simple example clears that up. Say you are crossing the street and a driver runs a red light, hits you, and flees the scene. No one gets any type of identification on the driver or the vehicle. This is a Missouri uninsured motorist claim and the coverage you have on your vehicle or vehicles will apply for your to make a claim against as if they represented the driver himself. Cars are not covered by Missouri uninsured motorist policies, people are. The property damage portion of the Missouri insurance policy covers damage to cars or other vehicles.

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Posted In: Injury Law , Automobile Accidents , Bicycle Accidents , Motorcycle Accidents , Our Injury Cases

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On December 11, 2008 a St Louis City school bus transporting Carnahan high school students was involved in a violent crash. The official reports are vague, however, personal injury attorney Ben Sansone represents one of the students that was seriously injured and taken to Cardinal Glennon hospital. According to her, the bus driver attempted to pass traffic, accelerated quickly and then in order to avoid crashing into other vehicles ran off the road and crashed into a post and some utility structures. St Louis Missouri Bus Accident - Story on MyFoxSTL.com

On behalf of my client and as a St Louis Missouri injury lawyer, I will be pursuing damages against the bus company, who exactly that is is still under investigation and significant updates will be posted to this blog. However, it is clear that the bus driver was negligent, additionally, there may be additional issues, as in truck accident cases, of negligent retention, hiring, or training of the bus driver.

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Posted In: Automobile Accidents , Truck Accidents , Our Injury Cases

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In August 2007 I posted an article about a new personal injury case wherein I was retained to represent several victims of a drunk driving car accident near Quincey Illinois. See Prior Entry Pertaining to this Illinois Drunk Driving (DUI) Car Accident and Injury

Recently, I (along with another Illinois personal injury attorney) filed a lawsuit against the intoxicated teenage drivers of two vehicles as well as the car dealership that loaned the vehicle to one of the drivers. The Illinois drunk driving car accident severely injured all of the passengers of one car that was in front of a large pick up truck. The drivers of the two vehicles were both intoxicated and were racing down a country highway when the lead car slammed on her brakes as she realized she just passed the entrance to a road that led to the party they were heading to.

Both drivers were issued citations for traffic violations and alcohol related charges; one driver plead guilty to DUI, thus locking up liability. All of the injured passengers were airlifted to hospitals for immediate treatment. Injuries range from debilitating traumatic brain and spine injuries creating an ongoing cognitive deficiencies for one passenger. He continues to have epileptic symptoms and memory problems (to name only a few of his injuries) to the extent that he is medically unable to drive and likely to be put on social security disability due to his permanent and totally debilitating brain injury resulting from the Illinois motor vehicle collision. The other passengers suffered injuries ranging from a fractured pelvis to severe injuries to their knees and spine injuries. All of the passengers suffered permanent injuries that they will have to live with for the rest of their lives. As an experienced Illinois personal injury lawyer, I have seen unfortunate cases like this before, however, unlike many cases, fortunately there is ample insurance coverage to compensate the Plaintiffs as the insurance for both drivers and the auto dealer will apply. As a Missouri and Illinois personal injury attorney I have seen individuals and families decimated by these types of serious injuries and to add insult to injury, the at fault party has minimum insurance coverage and no financial resources to justify pursuing the case beyond the insurance coverage.

The Illinois personal injury lawsuit was recently filed and a partially redacted copy (to protect the identity of my clients) is available here: Illinois personal injury lawsuit - drunk driver - Punitive damages - Negligent Entrustment by Auto Dealer

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Posted In: Injury Law , Automobile Accidents , Our Injury Cases

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Often Missouri auto injury cases result from the negligence of an uninsured motorist. Under Missouri injury law, an uninsured motorist is exactly that, a driver with no insurance, however, an uninsured motorist is also an unidentified driver or vehicle; a vehicle that causes or contributed to the cause of a Missouri auto crash and injury but keeps on driving and remains unidentified.

Missouri uninsured motorist claims raise an abundance of issues unique to uninsured motorist claims. As a Missouri personal injury lawyer, I routinely handling Missouri and Illinois auto crash cases, I see my fair share of uninsured motorist cases. Many issues that arise are set-off, stacking, and anti stacking clauses. Uninsured motorist coverage applies to the person, not the vehicle. Therefore, if you are injured by an uninsured motorist in Missouri, and your household has 3 cars all with 25,000 UM coverage, then there is potentially $75,000 in coverage, as the auto insurance policies "stack".

Having an experienced Missouri personal injury lawyer when uninsured motorist is an issue is very important. In my own experience many insurance adjusters will claim set off or anti-stacking (not allowing coverage from multiple policies) to deny Missouri auto accident uninsured motorist coverage, often citing clauses from the insurance policy. However, under Missouri injury law, anti-stacking for Uninsured motorist coverage is against public policy and any insurance policy clause attempting to prevent stacking is void and unenforceable in Missouri.

Currently, I am dealing with a St Louis Missouri motorcycle accident wherein the UM claim is complicated, the injured cyclist was caused to crash as the result of two vehicles, one stopped and was identified the other kept driving. Therefore, not only is the one driver's liability policy in play, but my client's Missouri uninsured motorist coverage for every policy in his household is in play. In this case he had 2 policies with uninsured motorist coverage, his motorcycle policy allowing $25,000 in UM coverage and his auto policy with $100,000 in UM coverage, so those two policies are stacked allowing for an additional $125,000 in recovery over and above the other driver's liability policy.

Recent law dealing with Uninsured Motorist Claims in Missouri:

Foster child not "relative" for purposes of Missouri uninsured motorist claim, therefore no stacking of other policies in household. Kertz v. State Farm Mut. Auto Ins. Co., 236 S.W.3d 39 (Mo.App. E.D. 2007).
Missouri auto personal injury victim was a foster child and brought action against insurer seeking to stack UM of his foster parent's coverage as he was a member of the household. The court ruled that a foster child was not a "named insured" and could not stack UM coverage. Missouri law requiring stacking only for "named insured" and "relatives" or "spouse" of the primary policy holder. An "occupancy insured", being a non relative living in the same household, is not entitled to stack UM coverages. The foster child was not related to or legally adopted by the insured, therefore the foster child constituted only an "occupancy insured", and no stacking.

Williams v. Silvola, 234 S.W.3d 396 (Mo.App. W.D. 2007). Motor vehicle collision and personal injury case in Missouri. The insured lived in Kansas and owned seven cars all insured by Farmers. The cars were all registered and insured in Kansas. Missouri injury law requires stacking of UM coverage; however Kansas prohibits stacking, so which applies? The court "stacked" the limits of all seven policies because the accident and injury took place in Missouri.

Anti Stacking of UM Policies Against Missouri Law:

Missouri public policy prohibits anti-stacking clauses for multiple uninsured motorist coverages. Cameron Mutual v. Madden, 533 S.W.2d 538 (Mo. banc 1976). An insured can stack multiple policies from several different vehicles. Gallaway v. Farmers Insurance Company, 523 S.W.2d 339 (Mo. App. 1975).

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Posted In: Automobile Accidents

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Sansone Law has been retained to represent the family of a 17 year old girl that was tragically killed when a teenage driver ran off the road killing the front seat passenger and critically injuring the back seat passenger. KSDK News Story. The negligent and reckless driver decided to go well over 70 MPH on Pioneer Road in Hillsboro Missouri (just outside St Louis County). The speed limit on that road is 40 MPH, for obvious reasons, it is a narrow and curvy road. The picture above is the stretch of road showing the turn the driver tried to come around at 70 MPH in and older model Ford Contour, he took the turn wide and another car was coming from the other direction, he over corrected and ended up crashing the car into trees off the road and down a hill. The surviving passenger has stated she felt as if they were airborne.

This tragic Jefferson county car accident resulted in the death of the front side passenger and severe injury to the backseat passenger, who recalls the she and the deceased passenger were begging the driver to slow down. Upon a cursory review through Missouri Casenet this driver has been charged with several other traffic citations prior to this Missouri car crash.

The Jefferson County prosecutor's office has charged the driver with the Missouri state charge of involuntary manslaughter, a class D Felony. Much to the disappointment of the family, he was quickly released on a $3,500 bond; quite low considering he caused the St Louis Missouri area wrongful death of one young girl and the severe and permanently debilitating personal injuries to the back seat passenger.

There are many details and aspects of this Missouri wrongful death case that I would like to discuss as a Missouri personal injury lawyer, however, I will have to post these aspects of the Jefferson county wrongful death case at a later date as the investigation and claims are ongoing. I would ask that we all keep the young girl's family in our prayers and pray for the health and wellness of her young one year old son that has survived her.

I traveled down pioneer road several times today, and it is a narrow road, I was driving my Porsche 911 C4S (a car made to take tight turns at high speed), and at 70 MPH that curve was challenging, clearly in an older model Ford Contour 70 MPH on that road is simply crazy recklessness beyond a simple accident; moreover, the roads were wet that night. On behalf of the mother and surviving infant son, I will pursue Missouri personal injury claims of wrongful death against the driver based on negligence and gross recklessness justifying the imposition of Missouri punitive damages.

St Louis Post Dispatch Article by Robert Kelly - Jeffco Teen Driver Charged in Passenger's Death

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Posted In: Automobile Accidents , Wrongful Death , Our Injury Cases

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If you are the injured victim of a drunk driving accident in Missouri, Illinois, or any other state your personal injury lawyer should know that the drunk driver cannot insulate himself from liability by declaring bankruptcy. The Federal bankruptcy law is very clear on this point. See, 11 U.S.C. § 523(a)(9) exceptions to bankruptcy discharge include "(9) for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance"

As discussed in a previous entry, I am currently handling a case where a drunk driver slammed into the rear of my client's car when she was waiting at a stop light in Belleville IL. See Drunk Driving Car Accident Picture and ALLSTATE UNDERHANDED NEGOTIATION TACTICS Allstate has refused to settle the case for a reasonable amount and when my client refused to accept their low offer Allstate, through their insurance lawyers and the insured drunk driver, threatened that their insured, the drunk driver, would declare bankruptcy if my client did not take their low offer for settlement of her Illinois drunk driving personal injury claim as a result of Allstate's insured drunk driver.

After calling Allstate out on their misrepresentation about the law they now claim, through their lawyer, that only punitive damages would be prevented from discharge in bankruptcy and all the compensatory damages would be discharged; another blatant misrepresentation of the law. The motivation behind this bad faith action by Allstate is two fold:

1. They want their insured feel safe that any judgment over the policy limits will not come back on him personally. This is done to explain to their insured why they are not settling a drunk driving case within policy limits when we are willing to do so. Thus opening their insured up to an excess judgment.

2. Allstate, through their lawyers, are hoping that I am stupid and will fall for their threat of bankruptcy and convince my client to take their low offer. Fortunately, I did not sleep through law school. Additionally, as a Missouri and Illinois personal injury lawyer, I have argued this point in past cases in federal court, and it is clear that a drunk driver's liability cannot be discharged.

Allstate is willing to sell out their insured and make ridiculous legal claims in order to save a buck and try to protect a drunk driver that seriously injured my client. This is coming from the self proclaimed "Good Hands" people, that when they take off those white gloves expose their truly dirty hands with their bad faith negotiation tactics.

SAMPLE PETITION - Prevent Discharge of Judgment or other Debt Arising From Drunk Driving Car Accident - Prevent at Fault Drunk Driver from Avoiding Liability by Declaring Bankruptcy

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Posted In: Injury Law , Automobile Accidents , Drunk Driving Law

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In the St Louis County municipality of Wildwood Missouri, a single car accident occurred when a teenager lost control of his vehicle, ran of the road, and struck a utility pole. The negligent driver had several passengers in his car, and one of them, a teenage girl, is my client. My client suffered serious personal injuries as a result of the auto accident, including visible scarring, a broken nose, injured neck and back, and a deviated septum. Her claim could easily be worth more than the $100,000, the limit of auto insurance the driver had and that is available to satisfy her car accident claim. This means it is my job as the injured passenger's personal injury attorney to find all sources of liability and potential insurance coverage to make sure that there is adequate coverage to pay all of her legally justifiable damages. Including, stacking auto insurance policies, adding all under-insured motorist coverage, med pay coverage, umbrella policies, and any potential liability on behalf of the state or local government based on road safety conditions.

Being an aggressive St Louis Missouri injury lawyer, The driver was issued several citations as a result of the accident, therefore, should he plea guilty or be found guilty of any of the violations the case may become a "negligence per se" case. Meaning, the issue of liability is essentially admitted through the plea or finding of guilty in the related criminal case. Additionally, liability also exists beyond mere negligent operation of the automobile because the tires on the car involved in the accident were bald (see pic); therefore, the parents that owned the car were negligent in maintaining the vehicle which contributed to the cause of the accident; primarily the loss of control of the vehicle.

Many Missouri and Illinois injury attorneys may overlook these collateral sources of insurance and simply stay with the primary coverage. Before settling a multi-million dollar case about a year ago, the lead defense lawyer for the hospital stated to my clients that I and my co-counsel were very aggressive. This was a major factor to securing a massive settlement for our clients because we explored every possible source of legal liability and came up with unique and sound legal theories to impose liability on several parties; thus maximizing the result for our clients on whose behalf we brought a Missouri wrongful death claim in the St Louis City Circuit Court.

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Posted In: Automobile Accidents , Our Injury Cases

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A previous entry discussed a specific case wherein my client was the victim of a rear end car accident in Belleville Illinois when a drunk driver failed to stop at a stop light and crashed into her at about 60 mph. See Injury Lawyer - Illinois Drunk Driving Car Accident.

The driver that hit my client plead guilty to drunk driving (DUI) in St Clair County Illinois. His plea of guilty, despite being granted probation, is evidence that he was legally intoxicated at the time of the accident thus justifying the imposition of punitive damages. See Illinois Complaint for Car Accident resulting from Drunk Driver and Imposition of Punitive Damages.

In Illinois, as in Missouri and most other states, the imposition of punitive damages is justified if the defendant's conduct is egregious enough to rise above mere negligence and rise to a level of intentional misconduct. Often described as "wilful and wanton" conduct or conduct that shows a "conscious disregard for the safety of others".

In a drunk driving case the defendant did not intentionally hit the other driver, however, the conscious disregard for the safety of others by engaging in the reckless conduct of drunk driving allows the imposition of punitive damages. Despite the lack of an intent to hurt anyone (as in an assault case where intent to harm is clear) the engagement into such reckless conduct implies that intent. Missouri and Illinois courts have both upheld punitive damage awards in drunk driving car and truck accidents.

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Posted In: Automobile Accidents , Our Injury Cases

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St Louis Injury lawyer was contacted after Zhelev, who was traveling on eastbound highway 40 and stopped due to traffic congestion, was struck from behind by a negligent driver who told the police that she "was falling asleep at the wheel and could not stop". Additionally, the officer that responded to the St Louis Missouri car accident stated "it appeared that vehicle #1 [the at fault driver] did not brake prior to impact." To further emphasize the severity of the impact, the cars were on an uphill grade when the car accident and collision occurred. Clearly, a St Louis injury lawyer would agree with the officer and argue the brakes were never touched.

The Insurance Institute for Highway Safety is a great car accident resource with videos showing the body movement in car and truck collisions. Clearly, the side picture evidences the sever impact my client suffered, as the entire trunk and rear end of his Nissan Altima was crushed in as a result of the car accident and rear end collision.

According to the National Transportation and Safety Board's (NTSB) most recent statistics, over 6 million crashes occurred in the U.S., killing more than 41,000 people and injuring about 3.4 million. Rear-end collisions accounted for almost one-third of these crashes (1.848 million) and 11.8 percent of multi-vehicle fatal crashes (1,923). Moreover, 40% of the fatal rear end accidents involved commercial vehicles, mainly large trucks causing these deaths.

Car Accident Resource - Insurance Institute for Highway Safety

NTSB Studies and Special Reports - Car Accidents - Truck Accidents - Highway Safety

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Posted In: Automobile Accidents , Our Injury Cases

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Missouri car accident attorney contacted soon after two minors, between the ages of 10 and 15, were passengers in a 16 year old's car when he lost control of his vehicle near Cape Girardeau Missouri on highway 51 due to catching the shoulder and driver inattention. The driver over-corrected and went off the road and head on into a tree. Both of my young clients that were passengers were seriously injured and the driver was severely injured as well. All three occupants were taken to St Francis Hospital in Cape Girardeau Missouri for emergency medical treatment. The father of the minor children contacted me, an experienced Missouri car accident lawyer.

The driver was quoted by the reporting officer as saying: "I was coming down the road and ran off the edge of the roadway. I steered back onto the road and was going to cross over the centerline into oncoming traffic and I steered back to the right and overcorrected, ran off the road and hit the tree."

The driver has auto insurance coverage limits of 50/100, meaning that the insurance company is responsible for up to $100,000 in liability coverage per accident with an additional limit of $50,000 per injured person. Sadly, my clients are young teenagers who have both suffered permanent injures that have required surgery and in one victim the removal of intestine and colon. $50,000 will never be enough to compensate him for his personal injuries.

Often times political ads put out false propaganda about abuse of the legal system by trial lawyers and Missouri and Illinois victims of personal injury; but, you never hear about the thousands of injured Missouri and Illinois residents who every year suffer severe injuries and never recover the amounts they deserve, because insurance limits are too low and or state legislatures are now protecting insurance companies with laws that seriously inhibit an injured victims ability to recover. You never hear about the people that deserve hundreds of thousands, but only receive a few thousand. Missouri and Illinois should require $100,000 auto insurance liability minimums; until then, make sure you protect yourself by maxing out your uninsured and under-insured motorist coverage.

Car Accident Insurance - Auto Liability Insurance Minimums By State

Continue reading "Southern Missouri Single Car Accident - Driver Error and Over-correction when Vehicle Control Lost - I represent Two Minor Passengers that were Severely Injured - Insurance Limit Issues - Health Insurance Coverage and Subrogation Problems" »

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Posted In: Automobile Accidents , Our Injury Cases

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Gina was the victim of a high speed rear end collision car accident in St Clair, Illinois, after a drunk driver's inattention, negligence, and drunken recklessness allowed his vehicle to crash into Gina's car at about 60 MPH. The drunk driver was issued three citations, failure to reduce speed and avoid a car accident, no insurance, and driving under the influence (DUI).

ARTICLE FROM BELLVILLE NEWS DEMOCRAT
"Aug. 26--BELLEVILLE -- A man and woman were injured Friday night when police said a drunken driver rear-ended their car at the intersection of Green Mount Road and Carlyle with such force the woman had to be freed from the wreckage. Police were not releasing the name of victims, who Belleville Police Officer Dusty Kallal said live at Scott Air Force Base and were taken to St. Elizabeth's Hospital with nonlife threatening injuries. Kallal also withheld the name of the other driver pending charges. He described him as Belleville man in his mid-40s who he said will be ticketed for driving under the influence of alcohol and "various traffic violations." The accident occurred about 7:30 p.m. The Toyota driven by the man and woman was stopped at a traffic light on westbound Green Mount Road. Witnesses said the Ford Mustang was driving at an accelerated speed and did not appear to slow down when it struck the vehicle, Kallal said. The impact caused the front bumper of the Mustang to become embedded in the rear of the Toyota."

My client, The victim of the car collision above, initially hired a St Louis, Missouri based personal injury law firm well known for their personal injury advertising featuring their bearded mascot that you will never see come near a courtroom. They were able to negotiate an average offer on the case, but then refused to pursue the claim further or file a lawsuit to get a better result for the client. Instead, they ignored her phone calls and then consistently pushed her to take the settlement.

As a result of the conduct above, they were fired and the case was transferred to us to file a lawsuit and prepare for trial. The offer on the case is decent, but by no means a good offer; especially considering the culpability on the drunk driver; we will not rest until our client has an excellent offer or a verdict is reached. The choice of an Illinois personal injury lawyer is an important one; as my client learned, many claimed personal injury lawyers are happy to get you an ok offer and make an easy dollar, but I am committed to getting the absolute best for my client; unless my client does not want to pursue a lawsuit and simply settle.

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A serious car accident occurred in Missouri after a vehicle slide of the roadway and then off a 30' cliff in DeSoto Missouri. See Missouri Car Accident from Improper Barrier.

I am representing the driver and front passenger of the vehicle and other Missouri personal injury lawyers are representing the back seat passengers of the vehicle. The driver's policy will be quickly depleted given the driver's limited amount of insurance coverage; however, there is a critical issue of liability on the city of DeSoto for failure to properly maintain and make the roadway safe. Simply put, it is foreseeable that a car can slide slightly off the road through ordinary negligence or just as a result of adverse weather conditions, however, the only thing between the road and a 30' death fall is a weak single cable, shown to the right. At a minimum a three cable guard is appropriate but a steel guard is the standard.

A steel road guard would have keep the car on the road and prevented a minor negligent act of allowing a vehicle to slide off the road a few feet from becoming a catastrophic accident resulitng in persoanl injury. Driver error and slightly running of the road by a few feet is entirely a foreseeable event and the city has a duty to make the roadway safe from these foreseeable errors. Not only is the city legally liable for the injuries to all four people in the car, but the statutory limits of recovery allow for $350,000 per person to recover from the city for its negligence and the causal connection with failing to keep a minor accident exactly that, a minor accident. This allows me and the other Missouri injury lawyers to help out our injured clients in getting fully compnesated for their injuries or at least much closer to full compensation than that offered by the low mandatory limit of insurance most driver's carry; $25,000 per person.

MODOT - Cable Guards

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My client was involved in a recent St Louis area car accident or collision that occurred at the intersection of Delmar and Hanley. This intersection has approximately 30 reported car accidents a year. The other driver crashed into the side of my clients car at a high rate of speed causing a violent collision that sent my client's car spinning as a result of the car collision. My client has no clear memory of the collision or the mechanics of the car accident, she simply woke up turned completely around and in a different lane than what she was originally traveling in.

According to witness accounts and the police diagram, shown here, the other driver approached the intersection at a high rate of speed and did not slow down or stop for the flashing red light, thus causing this intersection car accident. The police report further goes on to state the other driver was completely at fault and that she admitted she did not stop for the red light. A story that has since dramatically changed now that she has been issued several citations fro her reckless conduct and her insurance company has been put on notice of a potential St Louis county Missouri car accident lawsuit.

What is unique about intersection car accidents and why do you need an experienced intersection car accident lawyer? Intersection car accidents present a different perspective to damages and culpability on the at fault driver. Some car accidents are caused by forgivable and common mistakes we all make from time to time; such as being momentarily distracted and then hitting the brakes too late and causing a rear end accident. An intersection car accident involving a driver that runs a red light is very different, the level of culpability is much higher as it was not an honest mistake in most cases, but an intentional and reckless disregard for the safety of other drivers. This make the chances of a high jury verdict much more likely as the act was not simple negligence. A good car accident lawyer experienced in case wherein the other driver was culpable beyond a mere mistake is crucial to gear the tone of the case with the insurance company in that direction in order to maximize the client's recovery and damages.

According to US Statistics, more than 900 people are killed and about 168,000 were injured in crashes that involved drivers running a red light.

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A few weeks ago in Desoto Missouri 3 teenagers were seriously injured in a car accident when their vehicle slid off the road and went off a 32 foot cliff and landed in a shopping center parking lot. One passenger was very lucky and walked away, however, the other 2 passengers and the driver are all seriously injured. Including head injuries, broken back, hip injuries, fractured facial bones, orbital fracture, and the list goes on.

See MYFOXSTL News Story - Three Teens Injured When Car Falls 30 Feet off Cliff in Desoto

As an experienced Missouri car accident lawyer many legal issues of liability against the city, county, and state come to mind for an improper barrier or guard on the side of the road to prevent a vehicle that runs of the road there from going down a 30 foot cliff. This is especially important given the anticipated limited amount auto insurance that will be available to my client and the other injured teens in this accident to compensate them for their personal injury. Good injury lawyers know where to look to make sure their clients don't just get the easy policy limit from one insurance policy, but to be thorough and creative to find all parties that may be legally liable.

There have been several personal injury car accident cases in Missouri that have resulted in settlements against auto insurers and the local and state governments as well. Many of those cases are discussed on this blog and include the following:

County Liable for Downed Stop Sign

MODOT Liable for Dangerous Intersection - Personal Injury Resulting From Car Accident

It is very likely that I and the other Missouri personal injury lawyers representing the other injured teens will be filing a claim against the city and other government agencies responsible for the lack of a guard rail and simply putting a cable on the side of the road to stop vehicles from going off the highway.

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Ms. Jacobs was traveling on I-70 when a fatigued truck driver fell asleep at the wheel and swerved into her and forced her off the highway. As a result of the truck accident she suffered shoulder impingement that required surgery.

The case was transferred to me after several years of drawn out litigation with another personal injury law firm that initially filed the injury case. The client came to us because she wanted her case pursued aggressively by personal injury trial lawyers. Her prior lawyers were not pursuing the case diligently, they failed to prepare and set the case for trial which keeps continued pressure on the insurance company.

When my office received the case the offer from State Farm Insurance, the insurer for the negligent truck driver, was about $20,000. I prepared the case for trial, primarily by getting the client's treating doctor's medical testimony on the record which supported her injuries, continued symptoms, medical treatment, and the doctor's opinion that the accident was the sole cause for the injuries and resultant symptoms.

More importantly, we amended the Injury Petition to a "Negligence Per Se Petition" based on the fact the negligent truck driver was cited by the police for careless and imprudent driving, moreover, the negligent truck driver plead guilty to and was convicted of the careless and imprudent driving, therefore, the issue of liability was was essentially admitted by the truck driver's plea of guilty and conviction. The negligence per se Petition was allowed by the Judge, thus adding tremendous pressure on State Farm. The issue at trial was not both liability and damages, but only damages now.

The defense lawyers for State Farm increased their offer by more than double within a few days of trial to $45,000. This was an exceptional injury settlement based on the medical bills of about $13,000 and the client's injuries which she recovered from.

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Car accident in Chesterfield Missouri on Long Road with questionable liability as there were conflicting witness accounts as to whether the intersection traffic light was green or had a green arrow. Our client made a left turn pursuant to a green arrow and was broad-sided. Client suffered a broken leg and knee requiring a patella implant. After full recovery from the other driver's insurance we were able to recover $100,000 (policy limits) from our client's under-insured motorist coverage despite set-off clauses in the policy and the insurance company's claim that the policy payout was set-off by the recovery from the other driver. The insurance company settled for the UIM policy limit.

What is Set-off in this situation? After a victim of injury resulting from a car accident recovers from the other party's insurance company in full (i.e. the other at fault party only had $25,000 in coverage) and that amount does not fully compensate the injury victim, then if the victim had under-insured motorist coverage (as our client did in this case) then the under-insured coverage carrier can sometimes take a set-off against the coverage amount the victim had. In this case, the under-insured carrier tried to claim that since $25,000 was recovered from the at fault party, then that amount should be deducted from the $100,000 under-insured coverage therefore they should only have to pay out $75,000. We were able to prevent that in this case due to a strict reading of the insurance policy and specifically it's under-insured and set-off clauses and they paid out the full $100,000 to our client as the set-off clause was ambiguous and therefore unenforceable.

MISSOURI INSURANCE SET-OFF CASE LAW
See Zemelman v. Equity Mut. Ins. Co., 935 S.W.2d 673 (Mo. App. WD 1996) Court read the policy’s UIM “set-off” provision against the policy’s “other insurance” provision and found it ambiguous because the language described the UIM as “excess over any other collectible insurance.”

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In Franklin County Missouri, just outside the St Louis Missouri area, a serious truck accident occurred when a freight-liner model semi truck collided with a fire truck that was stopped on the side of the highway in response to another car accident.

Our client, an injured firefighter contacted us knowing we are experienced Missouri personal injury attorneys and especially Missouri truck accident lawyers. Both the fire truck and the tractor trailer were severely damaged and had to be towed from the scene as the semi truck struck the fire truck at about 60 MPH according to the truck driver's statement to police. The fire truck was hurled 186 feet, and worse yet, my client was in the fire truck when this massive truck accident occurred.

After the truck accident occurred and the trucks came to a rest, my client was evacuated to the hospital for treatment. Luckily, he is recovering from his injuries and hopefully will be back to normal after continued physical therapy.

Generally, a semi truck accident or collision involves another vehicle of much smaller size, such as the passenger vehicles most of us drive. The only thing that saved my clients life is the fact that he was in a vehicle that was the size and weight of the massive truck that slammed into him. Many truck accident victims are not that lucky. Experienced truck accident lawyers are essential as insurance, liability, and regulations are very particular in commercial freightliner and tractor trailer cases.

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A car accident occurred in Illinois as the result of a truck going approximately 60 MPH and ramming into the back of our client's, Donald's, vehicle that was sitting at a stop light. We are pursuing two claims on behalf of Donald, a personal injury claim against the at fault driver as a result of his negligence and an Illinois Workers' Compensation claim as Donald was driving a company vehicle at the time of the accident and was on duty for is employer.

Personal injury claims and Workers' Compensation claims vary in many ways. In Workers' Compensation claims the amount of money, or damages, Donald is entitled to is based on his injury translated into a disability rating which is then calculated by different factors depending on what part of the body is injuried and how much he earned per week at the time of the injury.

The personal injury claim is filed through the Illinois court system as a negligence case against the driver. The primary issues are liability and damages, or in other words, whose fault it is and how much money the victim should get as a result of that fault and the resultant injuries. These cases are ultimately decided by a jury, if a settlement is not reached, and damages are based on the jury's determination based on bills, economic damages, and pain and suffering, non economic damages. There is no magic formula for determining the damages but it is left to the jury.

When both types of cases are filed, the Workers' Compensation insurance company is entitled to a lien on the proceeds from the personal injury case. This lien is based on the fact that in workers' compensation claims liability is not an issue and medical bills are paid by the work comp insurer, entitling them to a lien to recover their expenses for paying the medical bills as the result of the 3rd party's negligence.

It is always worthwhile to pursue both the work comp case ans the negligence case when their is an a fault party that is not also employed by the same employer. Many clients worry about the lien, however, this can often be negotiated down to make sure the client receives a good recovery on both cases, and ultimatley a larger recover than if they pursued only one case.

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Posted In: Injury Law , Automobile Accidents , Workers' Compensation , Our Injury Cases

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After a traumatic motor vehicle accident in Illinois involving a large pickup truck and a smaller sedan with three severly injured passengers, the families of the victims desperately needed a personal injury lawyer and contacted us, we immediately cleared our schedule and traveled to the hospital in Illinois to visit the families.

Our investigation of the truck accident revealed that the driver of the pickup truck was drunk, had several bottles of liquor in his car, and was doing about 80 MPH when he struck the sedan that was coming to a stop to make a turn. The impact from the truck threw the sedan about 150 yards into a ditch and there were no skid marks from the truck evidencing that he did not even touch his brakes. The property damage to the sedan is severe and it is amazing that all of the passengers survived.

We now represent three of the passengers that were in the sedan. Two of the passengers have severe and debilitating injuries. The man in the back seat was trapped in the car for several hours and suffered degloving injuries (removal of the skin from the impact) to his face and has endured a severe and traumatic brain injury. The young girl in the back seat suffered a broken pelvis and broken neck.

When faced with a case such as this a lawyer's primary concern is insurance coverage and if there will be enough to fully compensate our clients, the victims. The sedan driver's insurance may be on the hook as she apparently stopped suddenly and may not have used her turn signal, the injured parties insurance may provide coverage under their medical payments ("Med Pay") coverage, under-insured motorist coverage, and uninsured motorist coverage. The interesting issue will be what insurance we can get to cover for the truck driver's negligence. The driver of the truck was clearly the most negligent and reckless, additionally, he is the son of a local car dealer and the truck had dealer plates on the truck. Therefore, the auto or general liability policy of the auto dealership should cover. Moreover there is a potential case of negligent entrustment of the vehicle by the parents or the dealership potentially allowing access to home owner's or umbrella coverage.

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Posted In: Injury Law , Automobile Accidents , Our Injury Cases

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After a lawsuit filed by an injured driver a jury verdict was returned for $150,000 in favor of the plaintiff on the claim that the county negligently failed to maintain or repair a downed stop sign and that caused a motor vehicle accident in which the plaintiff sustained personal injury.

The county argued that sovereign immunity should have barred the lawsuit. However, the Missouri Supreme Court held that the cause of action for failure to maintain or repair a stop sign falls within the statutory waiver of sovereign immunity for injuries resulting from dangerous conditions on public property. Missouri Statute 537.600.

This is a victory for victims of injury as the court refused to narrowly interpret the above statute allowing government entities to escape liability for their negligence.

Douglas A. Hensley, Jr., Respondent, v. Jackson County, Missouri, Appellant

Missouri Statute 537.600 - Sovereign Immunity Exceptions

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Posted In: Injury Law , Automobile Accidents

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December 2003, my client was in a car accident when she was rear ended by a driver who claimed she hydroplaned and lost control of her vehicle. My client sustained about 10k in medical bills, however, the other driver's insurance company, The Hartford Insurance Company, would only offer a few thousand over my client's medical bills.

In February 2007 in the face of a low offer (but more than the medial bills) by the insurance company we took the case to a jury and recovered $30,000, more then double the offer on the case and three times the amount of the medical bills.

This is not a huge case, but it is significant, many lawyers want to take the easy money and not take the risk of pushing for just compensation as the result of the personal injury sustained. We do not take this approach and will take a case to trial whether it is large or small.

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Bus accident resulting in personal injury: Our injured client was struck by a Greyhound bus at a rest stop when he walked between parked cars and failed to look before crossing. Several other law firms refused to take the case, and understandably so, because he admitted to not looking where he was going.

Attention to detail by us lead us to this great settlement. Upon extensive investigation we learned that the Greyhound bus recently had brake problems and we tracked down a witness who was on the bus that was willing to testify that the brakes were malfunctioning and that was the reason the bus stopped at the rest stop to begin with.

Of course, Greyhound's records did not indicate this problem, however, the bus driver admitted to the brake issue during his deposition. Our client incurred about $12,000 in medical bills and the settlement reached was excellent considering the comparative fault and damages.

Madison County Illinois Court Record of Greyhound Bus Lawsuit

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