Missouri Injury Law Blog

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: Our Injury Cases , Automobile Accidents , Wrongful Death

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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: Our Injury Cases , Automobile Accidents

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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: Our Injury Cases , Automobile Accidents

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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: Our Injury Cases , Automobile Accidents

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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: Our Injury Cases , Automobile Accidents

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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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Posted In: Our Injury Cases , Automobile Accidents

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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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Posted In: Our Injury Cases , Automobile Accidents

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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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Posted In: Our Injury Cases , Automobile Accidents

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

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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 liab