Missouri Injury Law Blog

If some one causes a car accident that results in an injury, to what extent are they responsible for the injury? What if the injured person sustains further injury through subsequent malpractice by the emergency room doctors? what if they get an infection int he hospital which leads to a much more serious condition than the injury caused in the car accident? Also, what if the person involved in a car accident already had a medical condition which made their injury worse, such a as bad back or recent surgery that had not healed?

Subsequent Injury:

Under Missouri personal injury law, the person that caused the initial injury, also referred to as the original tortfeasor, is legally liable for subsequent injury through negligent medical care. So for example, the original tortfeasor caused a car crash in Missouri, the victim suffered a broken leg and was taken to the hospital where they catch a staph infection or other nasty bug, the original tortfeasor (the negligent driver) is responsible not only for the broken leg but the subsequent infection, regardless if it was caused by medical negligence or not. The only defense to the subsequent infection would be a "failure to mitigate damage defense" basically an accusation that the victim somehow caused the subsequent injury (the infection in this example) themselves or failed to prevent it when they easily could have. So in the infection example, if there is evidence that the victim failed to properly care for their would after being sent home, that could be a defense. But generally subsequent negligence is not a defense and the driver is responsible for injuries, such as infections, that can occur after the car accident.

See Baldwin v. Gaertner, 613 S.W.2d 638, 640 (Mo Banc 1981), stating:

An original tortfeasor may be liable for any additional damages resulting from the negligent treatment of an injury by a physician, but the physician, who has played no part in causing the original injury, will be liable only for the additional harm caused by his or her own negligence in treatment

A case dealing with this issue we currently are handling:

We represent a bike rider that was hit by an O'Reilly AutoParts truck while he was riding on the sidewalk. The bike rider was rehabilitating his knee by bike riding as he had a knee replacement just a few weeks earlier. So when he was hit by the truck his knee was injured much more than if he had a healthy knee. Additionally, while in the hospital repairing his knee injury, he caught a staph infection in his knee which resulted in several weeks spent in the hospital. The truck driver that caused the St Louis bike accident is also responsible for the additional medical treatment from the infection.

Pre-Existing Conditions:

Additionally, many people ask me about a negligent driver's responsibility for a pre-existing condition. Some people feel that if a victim of a car crash already had a pre-existing condition (example, disc herniation and previous back surgery) and the accident makes that condition worse, that the driver should not be responsible because if the victim did not have that pre-existing injury then the accident would not have hurt them as bad. Some people feel that you are responsible for the injury regardless if the victim was more susceptible to injury through a pre-existing condition or not. Under Missouri law they are responsible for the victim regardless if they have a condition that makes them more susceptible to injury than the average person.

Missouri follows the "Eggshell Skull Doctrine" , meaning you take your victim as you find them. The fact they have some condition or pre-existing injury that makes them more susceptible to injury is not a defense. So in the Missouri bike injury case above, the truck driver cannot defend the case by claiming a biker without a recent knee surgery would not have been hurt as badly, additionally, the truck driver cannot claim they are not responsible for the subsequent infection, as it is foreseeable that a hospital admission for a bike injury could result in an infection, even if it is because of medical negligence.

Ben Sansone is an experienced Missouri trial lawyer based in St Louis and handles injury law and accident cases throughout Missouri and Illinois. Call for a FREE CONSULTATION (314) 863-0500 or e-mail us.

Hybrid and electronic cars' relation to pedestrian and/or cycling injuries

Hybrids and electronic vehicles may not be the biggest thing in automobiles right now but they are slowly getting some steam in as far as popularity is concerned. Today, more and more celebrities are purchasing and have been going around these politically-correct statements on wheels. These celebrities are showing their own way of taking care of the environment by going around town these green machines. However, despite the many benefits that these technological wonders offer, they are being tagged as one of the major causes of pedestrian accidents involving people with disabilities

What make hybrids and electric car more dangerous for pedestrians and cyclists?

Hybrids don't rely much on the internal combustion engines to propel it in short-distance city travels or cruising. In fact, you will never (or will have a really hard time to) know if a hybrid car is near you until somebody tells you, or you get struck by it. This gets worse when you are dealing with an electronic car. Since it doesn't have an engine that burns fuel, it barely emits a sound. Because of this, blind people or those with hearing problems wouldn't really be able to do something to detect the presence of a hybrid or electric vehicles.

Blind people or people with hearing impairments have been getting involved in accidents with hybrid or electronic cars. Though the number of injuries won't really cause panic over people and various organizations, one has to acknowledge the fact that these cases should be looked into by the government, and that something should really be done to make these vehicles safer, especially to pedestrians and cyclists.

How can hybrids and electric cars be made safer for pedestrians and cyclists?

After a careful assessment of the data it has gathered, the Department of Transportation's National Highway Traffic Safety Administration (NHTSA) came up with the conclusion that hybrids and electrics should emit a sound to alert and help give a warning to motorists that a hybrid or an electric vehicle is fast approaching. This way, pedestrians and motorists alike will be more aware about the presence of such vehicles, making them ready to take the needed precautions avoiding accidents.

The sounds, as the NHTSA requires, car makers to come up with sounds that are detectable under a range of street noise and ambient background sound, when the vehicle is traveling under 18 miles per hour. If the vehicle travels at 18 miles per hour and up, the vehicle will be making sufficient noise so that pedestrians and bicyclists the vehicle must emit sounds that are enough so drivers can notice and avoid these vehicles. An automaker will then be given a range of choices for the sounds that it can choose the vehicles they will produce. The sound should have certain characteristics that meet the minimum requirements. Finally, a vehicle with the same make and model needs to emit the same sound or set of sounds.

The NHTSA's proposal

The NHTSA has already sent the proposal to the Federal Register, for finalization. After that, this measure will then be publicized where the public will be given 60 days to comment on the action by the agency. If there wouldn't be any more problems, this measure will then be implemented to upcoming models that are going to be tested by the NHTSA. These vehicles will then be required by the agency to be equipped with the above mentioned safety system. With this new measure in place, the agency estimates that there would be around 2,800 lesser pedestrian and cyclist injuries.

Soon people with disabilities, bicyclists, and the general public will reap the benefits of this newest move by the NHTSA. This way, you won't need the assistance of a car accident lawyer to help you seek for damages since you won't get into an accident anyway because you'd be able to avoid it now.

ABOUT THE AUTHOR:

Anne Roberts is a web content writer for the Mesriani Law Group, a professional law corporation with its main office in Los Angeles, California and satellite offices in nearby counties in Southern California. She excels in writing blog posts, how-to's, and other related web copies.

This is a guest author post that has been reviewed by our staff and approved since it is relevant and beneficial to safe bicycling. As a law office that handles many bike accident injury cases in Missouri and Illinois, we see bike safety as a very important issue. The guest post begins below:

People ride bicycle for many reasons, some use it for travel, some for sports, some for hobby, and there are even some who utilize this amazing two-wheel drive for business. Bicycles existence have lasted for centuries, but its popularity never ceased. It can be primarily due to its usefulness and practicality that sometimes cannot be equaled by other modern vehicles. Moreover, its basic and simple design compared to other transportation mean, has never been a hindrance for bicycles to thrive and stay as they are no matter how plenty of innovations in vehicles have evolved.

Riding bicycles come with plenty of advantages; it does not let out polluting smoke that place the environment in danger, it saves the economy from fuel dependence, it is a cost-efficient drive that can make the biker save transportation budget, and lastly, it benefits the health.

Nowadays, many Americans are supporting creation of communities that promote safety for people who choose to walk or ride their bikes. However, like any other vehicle, bicycles are also subject to laws--laws which are created to protect the pedestrians' interest as well as to let bikers be responsible in their riding. The way bicyclist manipulate their bikes, may it be motorized or not, can make a big difference in the way they ensure the safety of people around a town.

For self-help reasons, below are simplified explanation of "Missouri State Statutes Regarding Bicyclists" so that bikers can follow the law for a responsible and safe bicycling.

• Every person who will ride a bicycle will be given all the right to use the road. The granting of the rights allow bicyclists to be subject to the duties applicable to other vehicle drivers. (307.188)
• Rider of bicycles and motorized bicycles are required to ride at the right side of the roadway to practice safe distance from other motorists. Squeezing past other vehicles is relatively unsafe, no matter what kind of vehicle have you tried to pass with. (307.190)
• Riding a bike in sidewalks within a business district is not allowed. (300.347)
• When a biker is riding on a sidewalk, he or she must yield the right of way to the pedestrian. When overtaking or passing a pedestrian, the biker must give an audible signal before doing so. (300.347)
• Riding a bicycle in the sidewalk while it is attached to another vehicle is prohibited. (300.347)
• Every bicycle or motorized bicycle must be equipped with brake or brakes in working order that will allow the rider to stop the bike within a safe distance of twenty-five feet at a speed of 10 miles/hour on a dry, level, and clean pavement. (307.183)
• Bicyclist who are using the roadways ½ hour before both sunset and sunrise should be equipped with lights and reflectors. This include, front lights, a rear-facing red reflector or a rear-facing red lamp, and night-vision reflective gears that can be incorporated in the riders shoes, lower leg, or crank arms. (307.185). This will ensure that the rider will remain visible under normal night riding condition.

Any person with the age of 17 years or older can receive lawful punishment from violating the Missouri statutes for biking laws. The offender may pay for a fine of five dollars or more than twenty-five dollars upon conviction. If a person under the age of 17 will violate the mandated biking laws, traffic officers may impound the bicycle/motorized bicycle for a period of no longer than five days upon issuance of the violation receipt to the minor riding the bike or to the owner.

About The Author

Jafrum International is one of the fastest growing biking apparels and motorcycle gears outlet in the US would offer quality gears for riders to be used for competitions. Racing and bicycling requires a lot of security and determination. If a racer or a biker wants to avoid injuries, the best way to do is wear safer gears to secure protection. Ride safe!

Anyone I have represented in a bicycle or motorcycle accident has significantly less injury if they were wearing a helmet. Most states require helmet use, however, some so not require it at all or only on certain age groups. See map regarding the current state of the law. In Missouri helmet use is mandatory; however, in two of its neighboring states, Iowa and Illinois, there is no helmet law in effect.

A recent study has found that education on the severity of brain injuries from post-concussion syndrome to "TBI" Traumatic Brain Injury increases bike helmet use. After many years as a bicycle accident lawyer I have seen first-hand the increased injury to a cyclists head and brain when helmet is not worn. Many people do not understand the severity and life altering effects of a brain injury; once they do, wearing a helmet is an obvious choice.

The study was conducted on children ages 5 to 18, the researchers provided bicycle helmet safety and brain injury prevention information to over 100 children patients; helmet usage went up 72.5% in the children. A local St Louis City Charity, Helmets First, advocates helmet use by children and education on the effects of head injuries. See Helmet Hustle - St Louis Bike Safety for Children All parents must provide some safety education to their children at a young age to instill helmet use. Our law firm supports the helmet hustle every year as the safety of our children is of the utmost importance. Many kids grow up in families that simply just do not understand the debilitating effects of head injuries, injuries that can occur even in low speed bike accidents and not involving a car.

Helmet education is so important as the "CDC" Centers for Disease Control, report that about 25% of children ages 5-15 wear a helmet when riding a bike, and the teenage helmet rate is near zero. As a result, about 153,000 children are treated in emergency rooms each year for head injuries suffered from bicycle accidents. If the increase in helmet use reported by the researchers is true, than the above number of children admitted to emergency rooms with significant brain injuries every year should be drastically reduced.

Experts say that helmet use reduces the risk of a brain injury by 88%. Part of the education to encourage helmet use is a great analogy of the brain and head to an egg, which is explained as follows:

The egg is the head;
The egg shell is the skull;
The egg white is the fluid surrounding your brain;
The egg yolk is your brain;
Drop and unprotected egg - that is what a brain injury is like.

Additionally, the researchers used a gelatin brain mold to show children just how soft and pliable the brain really is. Many people think the skull is thick and very protective of the brain underneath, however, brain injuries can occur in low speed accidents. In fact, brain injuries are even known to occur through centrifugal force, such as in car accidents that create a whiplash motion and injury. The flying back and forth of the brain inside the skull not only causes impact with the inside of the skull, but can also cause neuronal shearing from the force of motion created. See Concussion Lawsuits Bring Head Injury Awareness Mainstream.

Continue reading "Brain Injury Education Increases Bike Helmet Use by 72.5% " »

I read a bike safety article many years ago that described the top 10 causes of bike accidents, and since then it has aided my assessment of bike injury cases and assessing cases as a bicycle accident lawyer. One common cause of bike-car accident is "The Door Prize", which has been reported as the second most common type of bike accident caused by cars. The door prize is when a driver opens their door in front of you and you run right into it, because you cannot stop in time or traffic does not allow you to swerve out of the way.

How to avoid The Door Prize:

Ride far enough to the left that you will not run into a door that is flung open by an unassuming motorist. Remember, most drivers look for other cars and trucks, not bicycles and they either don't notice or don't care about bike riders. Some cyclists do not like to follow the above advice because it requires them to ride too far into the traffic lane and cars cannot pass you as easily. I understand you are trading one danger for another, but I believe it is safer to ride into the lane where you are in the driver's line of sight rather than to ride next to parked cars that are not looking back for you when they open their door. If you can, try to pay attention to which cars are occupied and then shift out when approaching that car.

Recently, we settled a car-bike accident case for the auto insurance policy limits. Our cyclist client was just a casual cyclist out for an easy ride on the side of Manchester Rd in Maplewood, Missouri. Along his path he had to pass a few cars that were parked on the side of the road, one person who was in the driver's seat of one of the parked cars, flung her door open right when my client was passing causing him to smack into the door and fly off his bike injuring his shoulder.

Bicycle safety is a lot like motorcycle safety, you need to constantly scan the road several seconds ahead of you and anticipate what unaware driver may do, adjust to the potential problems, and be ready to take evasive maneuvers if necessary. The disproportionate potential for serious injury to a bicyclist or motorcyclist compared with a car or truck driver requires that you have this level of alertness and caution. Hopefully over the next years or decades the bike advocacy groups will continue to make changes to the bike laws and continue to raise pubic awareness of everyone's' right to use the road, motor-vehicles and bikes alike. Even once that occurs, there will always be drivers that do not pay adequate attention to bike riders, You must be responsible for your safety,and take necessary precautions.

Even when all the reasonable safety precautions are taken bike riders still get hit by cars and trucks. We offer free consultations on all personal injury cases including bike injury cases. Call us for a no obligation discussion with a lawyer at (314) 863-0500.

Professional cyclists and even many enthusiasts, can ride thousands of miles a year and participate in many races. The vast majority of these miles are on the sides of roads with less than ideal conditions and sometimes negligent drivers. Crashes happen, and most cyclists will experience a few crashes. As I have discussed before on this blog, I am a bike accident lawyer and a cyclist, I have represented many bike riders for injuries from negligent or even drunk drivers in both Missouri and Illinois. I have personally been in three bike accidents that could have resulted in bad injuries, one from my bike tire getting caught in a wide groove in the road, one from a driver who thought they passed me then side swiped me, and one from me not paying attention and allowing my tire to hit a cyclist in front of me. In all three I was wearing a helmet, one of them cracked and destroyed my helmet. All three resulted in nasty road rash.

If you hit your head as a result of a bike accident, err on the side of caution!

Professional riders participating in races have medical teams respond instantly even when they may not be necessary. The rest of us have to rely on our riding buddies and good judgment when determining if medial treatment is necessary after a bike injury. If you hit your head and lose consciousness, even briefly, go to the hospital, you have likely suffered a concussion. If you suffer symptoms beyond a brief loss of consciousness, such as open head would, go to the hospital! It may also be wise to call an ambulance in case any additional injury was done to your neck or spine. Don't get back on your bike, no matter how tough you are. Your balance is likely affected and could result in another crash.

Pay attention to your CT scan results. The doctors should do a CT and/or and MRI of your head and spine. However, if you CT is negative you are not out of the woods. CT/MRI of the brain often do not show objective evidence of a head injury, most brain injuries cannot be seen. The CT or MRI is primarily looking for severe brain injuries that need immediate intervention such as bleeding on the brain or hemoraging. General swelling and damage to the neurons is typically not visible on diagnostic images.

Many types of trauma to the brain are hard to predict or measure with a machine, your description of your symptoms to a doctor are crucial to be properly evaluated. Symptoms to look for, some you may not think of or realize until you see this, include:

Motor: Weakness or paralysis (hemiplegia), poor balance and coordination; (ataxia), less endurance, abnormal muscle tone and stiffness.

Perceptual: Hearing, vision, taste, smell, touch, and knowing the relationship of the body to fixed objects.

Speech and Language: Difficulty in understanding what is said, or in expressing thought (aphasia).

Cognitive: Thinking, remembering, paying attention, poor judgment, and/or problem-solving.

Memory: A problem storing and/or retrieving information; short or long-term memory loss.

Emotional and Personality changes: Moody, easily frustrated, anxious, angry, depressed, and low self-esteem.

Important symptoms of a potential head injury / Post-Concussion Syndrome:

Level of alertness; Sleep patterns; Endurance for physical and mental activities; Attention span;
Sexual function; Headache; Dizziness; Irritability; Depression; Anxiety; Complaints of being physically sick without apparent reason; Hypersensitivity to noise (phonophobia); Sensitivity to light (photophobia)

Often symptoms of Traumatic Brain Injury cannot be seen by others. This can lead to loss of self-esteem and self-confidence; feelings of failure, depression, anxiety, and/or life is "out of control." One of the reasons that TBI is called "the silent epidemic" is that there are thousands of people with TBI who have symptoms that are invisible to others.

Common symptoms of Traumatic Brain Injury in adults include:

More problems than usual with mental tasks
Persistent headaches or neck pain
Lethargic thinking, speaking or reading
Continual tiredness, without energy or motivation
Becoming lost or confused
Changes in sleeping patterns, light-headed, losing balance
Blurred vision, tired eyes
Increased sensitivity to sounds or light
Loss of the sense of smell or taste
Irrational or unpredictable mood changes
Ringing in the ears

Continue reading "Head Injury Concerns for Bicyclists: List of Symptoms of a Brain Injury " »

A competitive biker was training by riding down the outer road of a highway in Wentzville, Missouri. The biker was wearing reflective clothing and was riding along the white outside lane line. Despite legally traveling on the proper part of the roadway and wearing the proper safety gear, a reckless pickup truck driver struck him from behind with the front passenger side corner of his truck sending the cyclist flying off his bike. The cyclist in this particular case was lucky, because the severity of the impact would have crippled many people. However, my client was in excellent physical condition and after a few days in the hospital and a few months of therapy he recovered, for the most part. He did suffer a concussion from the bike accident, which caused some memory problems and other concussion related symptoms. Despite his head injury, his mental tests came back above average and he managed to recover. This Wentzville bike accident case settled for a very high dollar amount as we aggressively prosecuted the case and our client resisted the insurance company's offers between $100,000 - $145,000 just 6 months before we settled the case. Persistence and patience was the key to this excellent recovery for our client and more than double what the insurance company wanted to settle for.

This cause of a bike collision and injury is referred to as "The Rear End" - See Common Causes of Bike Accidents. This is the hardest collision for a biker to avoid because you generally cannot see cars coming since you are not looking behind yourself while riding. Fortunately, most drivers are good drivers and this type of bike related injury accounts for less than 5% of bike collisions.

How to avoid "The Rear End"? As a Missouri bike injury lawyer and based on my experience and research into bicycle safety, this type of collision occurs most often when the cyclist does not have a rear light, regardless if it is daytime or legally required. See Bike Lights for Safety: See and Be Seen.

Additionally, ride on streets with more generous shoulders, also, studies show that riding in more populated areas as opposed to rural areas, is safer to avoid this type of collision. Typically because lighting is better is more populated areas and drivers tend to drive a little slower because of traffic and shorter distances. A few other precautions; get a rear view mirror and do not ride on the edge of the shoulder or too close to a curb. This allows you room to maneuver and hopefully avoid or lessen a collision.

Serious bike injuries still occur despite taking all these safety precautions, as was with the case with my client above. He did everything he was supposed to do and was still hit by a careless driver. As in many Missouri and Illinois bike accident cases I handle, the typical defense is "I did not see him!", well this is not a defense unless the cyclist did something wrong, such as ride at night with no lights, unpredictably shoot out of the riding lane, etc ... See The "I did not see the cyclist" Defense and dealing with it at Trial

If you or someone you know suffered a bike relalted injury as the result of a careless driver, contact a bike accident lawyer today for a free consultation. Our law-form is based in Clayton Missouri which is located within St Louis County right by the Courthouse. Our injury attorneys routinely represent victims throughout Missouri and Illinois including the following areas: St Charles, Lincoln, Franklin County, Jefferson County, Cape Girardeau, Edwardsville, Belleville, Waterloo, and all of Illinois. Call us today at (314) 863-0500.

In 2003, a Ghost Bike project was launched in St. Louis, Missouri after a man watched as a driver hit and killed a bicyclist. He later put a white-painted bicycle on the spot with a sign that read "Cyclist Struck Here." Passing motorists began paying attention to the haunting bikes, so the man asked for friends to help him place 15 more ghost bikes in various parts of the city that had seen bicyclists killed by careless drivers.

The bikes are meant to serve as small memorials for bicyclists that were killed or seriously injured on the road by a motor vehicle. The bicycles are painted white and set up as roadside memorials. The white bikes are often old and banged up and typically attached to nearby stop sign or light pole.

Friends and families of bicyclists killed in accidents on the Missouri's roadways have taken to placing these white ghost bikes at the location of the terrible accident. The bikes serve as eerie reminders of the damage a car can do to those just out for a ride. The ghost bike memorials are not just St. Louis phenomenon, but are popping up all around the world, with one website (GhostBikes.org) listing some 600 of them in more than 100 U.S. cities and nearly two-dozen countries.

Overall, hundreds of cyclists die and thousands more are injured in accidents each year. The National Highway Traffic Safety Administration reported that 618 cyclists were killed and 52,000 injured in crashes with motor vehicles in 2010 alone.

Bicycling can be dangerous, but cyclists should not have to pay for other people's mistakes on the road. The NHTSA provides several important tips for those out for a bike ride. First, control your bicycle. About half of cyclist accidents are single rider crashes. It's important to learn how to properly control your bike by starting and smoothly stopping it. Second, know the rules of the road. In every city in Missouri a bicycle is considered a legal vehicle. As such, you are required to obey all traffic laws, signs and signals. Ride in the direction of traffic; never ride against traffic. Finally, remember that helmets serve as your last line of protection. Make sure you are using a bike helmet that properly fits your head. Also, if you're riding while it's dark out, reflectors that are attached to the rider as well as the bike can be a lifesaving addition.

As an experienced St. Louis personal injury attorney, I can tell you that it's critically important to seek medical attention as soon as possible if you've been injured in a bicycling accident. Call the police and have an officer complete an official accident report. Finally, if you're able, try to get pictures with a cell phone or a camera. The more proof you have the better you'll be able to prove the extent of your injuries later on.

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: "'Ghost bikes' are haunting reminders of dead cyclists," by Peter Schworm, published at Boston.com.

See Our Related Blog Posts:

Number of Pedestrian Deaths on the Rise

Missouri ranked 16th highest number of injury deaths

In 2006 a bicyclist in Kansas City, Missouri was injured in a Missouri bike accident when he was struck by a police car rushing to an alarm call without his lights or siren on. The injured cyclist's lawyer filed a bike accident lawsuit against the city and the police board as they were the employers of the police officer and the officer was within the scope and course of his employment, therefore, under Missouri law his employers are also liable for the injuries to the biker. At the trial court level the Judge dismissed the police board as defendants agreeing that the board was entitled to sovereign immunity under the public policy doctrine.

See Missouri Car Accident Article: "County Liable for Downed Stop Sign" Additionally, the sovereign immunity doctrine is waived by the negligent operation of a motor vehicle. See Missouri Statute Section 537.600.1(1) which waives that immunity for government entities as to:

"[i]njuries directly resulting from the negligent acts or omissions by public employees arising out of the operation of motor vehicles or motorized vehicles within the course of their employment.

So under the above statute it appears obvious that the Police Board is liable as government immunity is waived by statute in cases involving negligent operation of a car. However, the law also states that the individual police officer is immune from civil suit as the bike accident occurred while he was on duty and the public dutyt exception specifically states that a public officer is not civilly liable for the breach of a duty.

So the argument the police board made and the trial court agreed with was, if the individual officer cannot be sued and found individually liable, then the employer is not liable through respondent superior and thus the police board cannot be sued. As the Court stated it, the issue is:

"whether negligence for the purposes of triggering respondeat superior liability for a government entity under section 537.600.1(1) can be found when the public duty doctrine negates the ability to establish a public officer's negligence."

The Court of Appeals was able to overturn the trial court's dismissal of the Police Board in this case by relying on Southers v. City of Farmington, 263 S.W.3d (Mo Supreme Court 2008). In that case the Missouri Supreme Court held that:

"[g]overment employers cannot claim an extension of the protections of the public duty doctrine from their defendant employees in cases where the alleged negligence is a type covered by a waiver of immunity protections, such as the negligent operation of a motor vehicle." Id. at 613-14

The appeals court agreed that the holding above by the Supreme Court is absolutely applicable to the bike injury case at hand. The Court of appeals reversed the trial court's grant of summary judgement. See Benson v. Kansas City Board of Police Commissioners, No. WD 74283 (May 15, 2012).

Therefore, government entities cannot circumvent liability for bike accidents or other negligently caused injuries by hiding behind respondent superior theories and arguing that since the individual government employee is immune then they in turn should be immune as well. As the court stated, this would distort the intention and purpose of the sovereign immunity statute and lead to injustice for this Missouri bike accident victim and other victims of government entity negligence.

Related Blog Articles:

Head Injury Settlement against Public School protected by Sovereign Immunity

Government Entity Liability for Dangerous Conditions

St Louis Missouri Personal Injury Claims from Injuries that occurred on Federal Property

Continue reading "Missouri Cyclist Could Sue Police Board for Injuries from Bike Accident " »

As a St Louis injury lawyer and cyclist, I have written several articles about about bicycling injuries and Missouri law as well as bicycle safety in Missouri. Through participation with several Missouri organisations we keep and eye on developing law in Missouri and across the country related to cyclist safety.

Just this week, a new law went into effect in Pennsylvania requiring drivers to leave at least a 4 foot buffer when passing cyclists. Clearly such a law is met with a flurry of conflicting opinions from fairness to enforceability. To me, regardless of the enforcement problems, it is an important law to have for public policy reasons, it is a reminder to drivers to give cyclists a much room as reasonably possible. OF course there are situations where a 4 foot buffer is not available because a road may be narrow or other conditions, well in that case the driver should give as much room as reasonably possible. My drive home everyday is down Clayton road and a stretch of it that is very popular with cyclists in St Louis. Most drivers give cyclists plenty of room when passing, however, I often see drivers just barely giving enough room, either out of negligence or spite, in either even it is dangerous.

In situations involving car versus bike collisions violation of the law can be helpful evidence and used to prove negligence or liability on behalf of the driver that struck the cyclist. Currently, Missouri's law states that a vehicle must maintain a "safe distance" when passing a bike. Missouri version of the law states:

"The operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in section 300.010, RSMo, shall leave a safe distance when passing the bicycle, and shall maintain clearance until safely past the overtaken bicycle."

See St Louis Missouri Bike Lawyer Artilce "Missouri bike accident case settles for three times the amount of medical bills" Quoting Missouri Statute 304.678.

I have used this law in several bike accident cases to support the biker's case that the driver was at fault for passing too close to the bike. Is it true the 4 foot buffer will be difficult to enforce, yes, but that does not mean it should not be a law. It is a another State taking a positive step toward recognizing bicyclist safety is an important issue that must be enforced.

Continue reading "Driver's Required to Keep 4 Foot "Buffer" when Passing Bikes " »

As a Missouri personal injury attorney handling auto accidents, one of the standard documents we work with is the police report. While we often note that they can be biased against the victim (especially in the case of bicycle accidents), they are still asked for by insurance companies to determine payouts and are typically evidence if a case goes to trial. However, if you are unfortunate enough to get into an accident in some parts of Missouri, you may not receive police report because it will never be created.

Missouri law requires that for all accidents on public roads that either result in injury or apparent property damage great than $500, law enforcement officials must submit a report to the Missouri State Highway Patrol superintendent. Certain branches of law enforcement, such as the state troopers, will generate a report for every accident, no exceptions. For others, such as the local Columbia Police Department, whether a report is generated depends on the nature of the damage caused.

Back in 2009, the city of Columbia implemented a policy that allows officers to "clear" a 911 call, i.e. respond to an accident without generating a report, if a) there were no injuries and b) no need for a tow truck. The amount of damage sustained by a vehicle is irrelevant. The goal of the change was to reduce the workload of officers; generating these reports take two and a half to three hours according to Columbia Police Chief Ken Burton. Since this policy went into effect, traffic citations have been reduced 48%.

Burton also indicated during a February 6 city council meeting that similar paperwork reduction strategies are being used in the Kansas City and St. Louis areas.

By not generating a police report and issuing a citation, it is as if the accident never happened. It won't become an entry for the Statewide Traffic Accidents Record System, and the driver will not receive points on his license. The justification for this procedure is that many who are in this minor collision already choose to circumvent insurance companies anyway. Drivers in single car accidents caused by running through red lights or going into a ditch typically just call friends and solve the problem without making reports to anyone. Drivers who get into minor collisions with other drivers typically negotiate what repairs would cost on the spot and agree not to involve the police or insurance companies.

Should the victim of an accident choose to involve his insurance company in one of these no-injury, no-tow accidents, records are much more scant. There is a record of the 911 call made that led to the dispatch of an officer, but no record investigating the accident. Insurance companies must then gather their own evidence and make the best possible decision based on their findings. One thing insurance companies recommend doing in cases where there is no police report is to make an in person "walk-in" verbal report at the police department so that there is at least some record of the accident made close to the time it occurred.

As experienced Missouri personal injury attorneys, those of us at Sansone/Lauber emphasize the importance of having as full a record as possible of the accident. If you have been injured in a car accident contact us today at (314) 863-0500 for a free consultation.

Source: "Police Department's no-report accident policy reduces tickets, raises concerns," by Bobby Watson, published at ColumbiaMissourian.com.

See Our Related Blog Posts:
Missouri Bicycle Plates - Way to Raise Money for Bike Safety in Missouri

Cyclists - you can now buy a witness! Witnesses are Critical in Bike Injury Claims

The Missouri Bicycle and Pedestrian Federation is sponsoring the upcoming Bicycle and Pedestrian Day at the Capitol on Monday, April 2nd in Jefferson City. If you are interested in attending this event you can pre-register at: http://MoBikeFed.org/CapitolDay Additionally, you can be a "Capitol Day Sponsor" as every dollar helps the Mo Bike Federation deliver their message safer bicycling and walking. Donate Here: http://MoBikeFed.org/SponsorCapitolDay

As previously discussed in this Injury Law Blog, our firm routinely handles bicycle injury cases, we value bicycle safety and support the Missouri Bike Federation as they are pivotal in passing new bicycle safety rules through our State and local governments. One such law that is crucial to most Missouri bike injury cases that I use is the failure to maintain a safe distance when overtaking a bicycle. See Bicycle Injury Lawyer Article.

MORE ABOUT 2012 CAPITOL DAY IN JEFFERSON CITY

MoDOT Director Kevin Keith will kick of Capitol Day by speaking about MoDOT's plans for bicycling and walking at the Awards Ceremony, 10:30am in the 1st Floor Capitol Rotunda.

Rep. Cauthorn introduced a bill this week that would require bicyclists to wear a reflective vest whenever riding on a state road or highway. We need to talk to our legislators about what real measures they can take to improve cyclist safety--and stop this bill in its tracks. The bill will only discourage more people from bicycling and do nothing real to improve safety--but we need you to take this message personally to your own legislators so that we can make real progress in improving safety and stop discouraging measures like this.

Several important bills this year that have the potential to impact bicycling and walking for the better:

1. Anti-distracted driving bill
2. Bill creating greater penalties for drivers who injure or kill
3. Bike rack/license plate bill Bill to name a bridge path after legendary bicycle advocate (and former MoBikeFed President) Bob Watts.

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

Missouri Bike Accidents and Injury - Common Causes and Proving Driver was Drunk

Continue reading "Missouri Bicycle Safety: Bike and Pedestrian Day at Capitol on April 2, 2012" »

Injury law firm, Sansone / Lauber, is a long time supporter of the Missouri Bicycle and Pedestrian Federation; they are the major player in Missouri to help make laws for the safety of cyclists and pedestrians. To see the importance of this cause read St Louis Bike lawyer artilce about bike safety in Missouri: Missouri Bicycle Injuries and Safety.

One of many important laws passed as a result of Mo Bike Fed's efforts was the 2005 law requiring motorists to maintain a safe distance when overtaking a bicycle. See Safe Distance to be Maintained when Overtaking Bicycle. This is a very effective law and I have personally used it in several St Louis bike injury lawsuits. One is currently ongoing as a result of a Wentzville, Missouri drunk driver struck my client who was bicycling on the side of the road. The police charged the drunk driver with DWI and under the failure to maintain safe distance statute and he plead guilty to both charges and was convicted of failure to maintain a safe distance when overtaking a bicycle. For a more detailed and extensive list of bike laws see the MO Bike Federation's list of Missouri Bicycle Laws.

A new effort by the Missouri Bike Federation is to raise money by encouraging cyclists to get Bike Plates. This is not mandatory and they are not pushing for legislation requiring bike plates. The fee of $55 goes partially to the state ($15.00) for making the plates, but the remainder of $30.00 goes to the Bike Federation so they can keep doing the good work they are doing. To register for Missouri Bike plates click here.

Not only is the donation a benefit to the Bike Federation, the plates help promote awareness that bicyclists have the same rights to the road as motor vehicles, the plates can help identify you in the unfortunate instance you are involved in an accident and are unconscious or unable to identify yourself. This will help in getting you the proper medical treatment and allowing authorities to notify your family or friends.

Related Articles:

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

Missouri Bicycle Injury Law - Rights and Duties

Continue reading "Missouri Bicycle Plates - Way to Raise Money for Bike Safety in Missouri " »

No, not paying someone off to say what you want, but a cycling accessory that tracks your ride and takes video and still pictures. Bike accessory manufacturer Cat Eye has released the "Inou" which is a front facing camera that takes stills and video. Additionally, it tracks your ride and has lots of other cool features other than documenting an accident.

After handling dozens of bike accidents in St Louis and across the State of Missouri and Illinois, one thing is for sure, cyclists get hurt badly and the driver never admits fault. In fact the driver will often blame the cyclist even though though the cyclist was legally traveling on the road and did nothing negligent. It is the nature of most drivers, blame the pesky people riding bikes, getting in the way on the road, and slowing down traffic. More often than not, there are no witnesses and as previously discussed on this blog, no witness is bad news for an injured cyclist. All jurors are drivers but only a few are cyclists, and even fewer are regular cyclists. Who do you think they are going to instinctively relate to and side with?

If you are a regular cyclist you should really consider something like this camera, especially if you ride solo. An example from my experience as a bike crash lawyer.

The 911 caller saves the day: A few years back we had a jury trial on a bike injury case as the insurance company offered nothing claiming the entire time the hurt bicyclist was entirely at fault. See - St Louis Bike Accident Trial. The cyclist was the victim of the "right hook" meaning the driver passed her and then made a right turn right in front of her cutting her off and forcing her to crash into the side of the truck. See Bike Lawyer Article: "Missouri Bike Accident - Caused by the "Right Hook" - Injured Cyclist Hired St Louis Missouri Injury Lawyer After Settlement Negotiations Halted"

Of course the driver of the truck said the bicycle accident was completely the biker's fault and even the responding police officer opined that it was the cyclists fault, even though he did not witnesses it. In fact, when the injured biker saw the report she called the police to supplement. The officer did, but made comments that he believed she was supplementing the report just for a lawsuit and he believed she was at fault. Statements that were prevented from being presented to the jury at trial.

So, at this point this case is a loser, why? no witnesses! Had this cyclist had a forward facing camera it would have been clear she was cut off. Fortunately, we were able to track down the 911 caller, he testified that he saw the bike versus car collision and it was the driver's fault. Without this eye witness testimony the only evidence the jury would have had to go on was a driver's testimony who was covering his own behind and the testimony of a cop that did not witnesses the accident and apparently did not like cyclists.

MORAL OF THE STORY: Buy a camera witness because independent human witnesses rarely see a bike crash. I cannot stress it enough, as time and time again I see police reports written up automatically blaming the cyclist, and investigation and witness interviews tell a completely different story.

Continue reading "Cyclists - you can now buy a witness! Witnesses are Critical in Bike Injury Claims" »

Last week a jury returned a verdict holding the driver not liable for injuries caused to a child on a bike. All I know is what I have read about this case in the legal papers, but I am not surprised that despite the evidence that the driver was at fault, the jury sided with the driver. As a lawyer and advocate for bicyclists' rights, I have written many articles about the issues and challenges that are faced when representing bikers. See - St Louis Bike Lawyer Blog.

The defenses that must be handled at trial by addressing these issues through the case, are the - I did not see the cyclist defense, cyclist right of way at intersections, assumption of the risk, and claims the cyclist was violating the law. See Cyclists' right and duties.

The I did not see the cyclist is an all too common defense theme. It is an attempt to shift blame onto the cyclist for using the road, when under Missouri law a biker has the same rights and duties as a driver of a motor vehicle. Early investigation and preservation of evidence is critical. Take pictures of the scene as soon as possible, keep the clothing you were wearing, any protective gear, and the bike itself. Particularly get pictures of any reflective gear you were wearing, safety gear, and any lights or flashing LEDs you may have had on the bike. Insurance defense lawyers imply it and jurors sometimes buy the argument that the cyclist should not have been on the road and the driver is the victim for having to go through litigation after hitting you. FACT, in Missouri not seeing a cyclist is not a legitimate legal defense and this must be addressed with the jury head on as soon as possible. Unless the cyclist was riding in the dark with no lights and dark clothing, I did not see the cyclist is not a defense!

Bikers' have all the same rights and duties as drivers of cars. They have the right to be on the road, to use the road, and not to be overtaken and cut off. Being overtaken and cut off is what I call the right hook and is a common cause of bike injuries. See Cyclist Injuries from the "Right Hook" and explaining the law in Missouri about maintaining a safe distance when overtaking a bicycle.

First and foremost in handling any bike injury case, you must show more than mere inattention by the driver, as all jurors are drivers, and only a few are cyclists, therefore, most jurors side with the driver over the cyclist. Unfortunately, many jurors' perception of cyclists is that big group of cyclists that were blocking the roadway and slowing down traffic as the cars passed them one at a time. This must be dealt with early on with potential jurors who may see cyclists as a roadway nuisance instead of a citizen with the same rights as everyone else on the road.

It has been a mild winter here in St Louis and spring is upon us, which means beautiful bike riding weather. Remember to be careful on the roads and always assume a driver does not see you. Please read St Louis Cyclist Attorney blog on how to avoid common causes of bike accidents.

If you find yourself in the unfortunate position of being a victim of a bike accident, call us as soon as possible for a free consultation. Do not talk to the insurance companies, they are trained to get you to say what you should not say and to investigate the case in the light most favorable to their insured, the at fault driver. They will not pay you anything close to what your case is worth, they claim they will, do not listen. You need a powerful advocate on your side, get Bike Accident Lawyer Ben Sansone on your side.