Missouri Injury Law Blog

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

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

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

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

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

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

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

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

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

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Missouri Truck Accidents: Truck Drivers Rarely Admit Sleeping Problems

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

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

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

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

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

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

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

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

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

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

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

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Car accidents caused by drowsy or falling asleep drivers

Distracted Driving is Dangerous, but what about Distracted Walking?

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

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

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

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

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

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

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

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

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

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

Safety Tips for Summer Passenger Van Travel

What began as a routine interstate bus trip ended in a disastrous bus accident for dozens of passengers. A Megabus which left Chicago bound for St. Louis slammed into a concrete bridge support which stood next to Interstate 55.

Shortly after 1:15pm, the double-decker Megabus was southbound on I-55 near the city of Litchfield, Illinois. According to police, the bus left the roadway and began driving through the center median before crashing into the bridge support. The bus was carrying 72 passengers and two drivers when the bus crashed about 60 miles northeast of St. Louis.

It took two hours to extricate the driver and four of the passengers. Six passengers had to be airlifted by helicopter to nearby hospitals in serious condition, and at least four-dozen other passengers sustained severe personal injuries of some type. One 25-year old woman, a native of India who was pursuing a graduate degree at the University of Missouri, died at the scene of the Megabus accident giving rise to a wrongful death bus accident claim. Company officials said her parents were also on board though the extent of their injuries remains unknown.

Right now, authorities believe that the bus accident was caused by a blown right rear tire, which sent the bus veering out of control. As a bus accident attorney, we have handled cases involving negligent maintenance of trucks that results in crashes and injury. See Madison County Illinois Bus accident. Megabus officials said Friday they are working with state and federal investigators to determine whether all safety protocols were followed in the accident. The blue double-decker vehicle, built in 2011, passed a full preventive maintenance check less than a week ago, company spokesman Ronald Hauser said. He would not say whether the driver performed an inspection before leaving Chicago the morning of the accident. Such an inspection is required by the Federal Motor Carrier Safety Administration of all commercial interstate drivers.

Even if it is determined that the tire separation was the cause of the Megabus accident, the driver and Megabus may still be held responsible for the passenger injuries and the wrongful death of the grad student. That's because by law, drivers are responsible for maintaining the safety of their vehicles (including adequate tire pressure), and bus companies are responsible for the actions of their drivers.

According to the U.S. Department of Transportation, in 2009 alone, over 20,000 people were injured and another 254 were killed nationwide in accidents involving buses. Because of their immense size and weight, buses can be particularly dangerous when involved in accidents with smaller passenger vehicles.

This recent incident was the fifth fatal accident for Megabus in the past two years, according to the Department of Transportation. In February, a Megabus driver was acquitted of homicide charges for the deaths of four passengers when his double-decker bus crashed into a low overpass in upstate New York back in 2010.

Megabus drivers have been cited for speeding 35 times in the past two years, including 14 occasions where the driver was traveling more than 15 mph over the speed limit. During those same two years, a driver was cited for failure to inspect or use emergency equipment, six buses were cited for no or defective emergency doors and more than 50 citations were issued for failure to properly log a driver's time on duty.

Sadly, the problem is not limited to Megabus. The Department of Transportation moved earlier this year to shut down 26 bus companies operating in the Northeast after declaring them "imminent hazards to public safety."

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

Source: "Megabus pledges cooperation in crash investigation," by Marlon Walker, published at STLToday.com.

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Missouri Highway Patrol Gives Advice to Drivers Following Fatal Wreck

Truck and Bus Drivers' Use of Hand Held Cell Phones while Driving Banned

Passenger vans are common sights on roadways across Missouri during the busy summer months. Colleges, church youth groups, camps and others keep the vehicles full. The National Highway Traffic Safety Agency ("NHTSA") recently urged the users of such 15-passenger vans to take certain steps to keep drivers and passengers safe from van accidents as the vehicles hold a special danger if not operated properly.

These larger passenger vans handle very differently from smaller passenger vehicles because they are typically longer, higher, wider, and heavier (especially when fully loaded). They require trained drivers who are comfortable and experienced with the unique driving challenges associated with larger vehicles. Some of these differences include a greater reliance on side mirrors and the difficult job of changing lanes and longer brake distances. Passenger vans also have a higher risk of crashes and rollovers if they are not properly operated.

These vans are especially sensitive to improper loading which is why the NHTSA warns that drivers should never overload the vans, no matter what. Users should make sure that the tires are inflated and have been inspected before any major trip. Spares should never be used as long-term replacements given the special dangers of such vans.

The NHTSA provided the following list of tips if you're planning a trip using such a passenger van in the near future:

• Owners should make sure that drivers are properly licensed, well trained, and experienced in operating passenger vans.
• Drivers should be well rested. Fatigue can affect driving and response times.
• Vehicle weight should never exceed the Gross Vehicle Weight Rating.
• Drivers should inspect the vehicle before every trip. Tires should be properly inflated and should not show signs of wear or damage.
• Passengers should be warned not to stand up or move about the vehicle while the van is in motion.

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

Source: "Consumer Advisory: NHTSA Offers Tips for Safe Travel in 15-Passenger Vans," published at HNTSA.gov.

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Deadly motorcycle accident in Mexico Missouri sparks calls for safety

Failure to use turn signals contribute to 2 million car accidents each year

The Interstate Commerce Commission has joined the Federal Motor Carrier Safety Administration in proposing a new information system to keep track of trucking companies that have been shut down for safety violations which often lead to truck accidents resulting in juries or death. This new registration and identification system aims to keep carriers from reinventing themselves in an attempt to thwart enforcement. Such carriers are referred to in the industry as "chameleon carriers."

Every year, a shocking number of trucking companies are shut down for safety violations and simply reopen under a new name. For example, in 2010, one carrier, Hester Inc., was put out-of-service for failing a compliance review. The president of the company signed a new operating application for different carrier, on which he stated that he had no previous association with a motor carrier. His misbehavior went undetected under the then existing system.

As of 2010, there were more than 500,000 active commercial carriers in the United States, and thousands more applicants just waiting to join the ranks. A recent study by the General Accounting Office found that an increasing number of thee carriers are Exhibiting "chameleon" characteristics. In fact, the number has nearly doubled in five years from almost 800 in 2005 to nearly 1,200 in 2010. 



Currently, the FMCSA does not have the staff or the technological infrastructure to investigate all commercial carriers and applications that may be tied to previously existing firms. Due to being stretched so thin the agency's current efforts are limited to household goods carriers and commercial bus companies.

The agency is hoping that once the new information system is in place it will help remedy some of these problems. However, financing from Congress must be secured before the system can be fully implemented. Hopefully Congress recognizes the importance of such a system and puts money in place to help limit the ability of these "chameleon carriers" to further evade the law.

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

Source: "Show Me the Money: FMCSA Could Get Green to Catch Chameleon Carriers," by Lyndon Finney, TheTrucker.com.

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Missouri Commercial Vehicle Operators Face Fines for Talking While Driving

Missouri Takes Aim At Distracted Driving

Last year during a snow storm in St. Louis, my client was involved in a truck accident when she was ran off the road by a MoDOT snow plow on Highway I-270 in St Louis county. She was driving her car in the far right hand lane since she was going slow due to the weather. A snow plow came up behind her, sideswiped her car, and then kept on going and left her stranded on the side of the road.

The truck accident left several large orange paint streaks down the side of the victim's car. The pain was the same orange color as the snow plow orange. The reporting officer noted the orange paint and was unable to reach MoDOT for any response. The victim retained our St Louis accident attorneys and we were able to get MoDOt to admit that the snow plow in the area of the accident that night was reported as being damaged on the right side of the snow plow. Damage completely consistent with the auto accident our client reported.

Our client sustained injuries to her neck and back, reported to the emergency room and then followed up with her family doctor and received physical therapy for a few months. The victim fully recovered and incurred about $10,000 in total medical bills. Prior to filing a lawsuit MoDOT agreed to settle the truck injury claim for $85,000.00.

Personally, I was very pleased with the outcome of this case, we were able to get my client all the medical treatment she needed to fully and completely recover and then settle her case for over 8 times the amount of the medical bills without having to file a lawsuit. The victim int his case was a past client of ours, therefore, she knew to contact us immediately after being involved in an auto accident. Retaining an accident lawyer early on in your case is critical to successful and very favorable recoveries.

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Continue reading "$85,000.00 Settlement against MoDOT for St Louis Snow Plow Collision " »

A federal law that aims to reduce number of truck and commercial vehicle accidents and injury caused by distracted driving has recently gone into effect. The law, which took effect at the beginning of this year, affects nearly 4 million truck and bus drivers, plus millions of other commercial drivers who work for businesses both large and small.

The recently passed law prohibits commercial vehicle drivers from using hand-held cellphones while the vehicle is in motion. The ban applies to operators of commercial vehicles, defined as those vehicles weighing more than 10,000 pounds which cross state lines for business purposes or any other vehicle weighing more than 26,000 pounds which includes all sorts of vehicles from tractor-trailers to large delivery trucks.

The ban imposes stiff fines for drivers who violate the law. For each offense, violators face a civil penalty of up to $2,750. If a driver is a repeat offender, he or she can lose their commercial vehicle operator's license. Even more seriously, drivers who commit two major violations within a three-year period will lose their driving privileges for at least 60 days. If there are three or more violations within three years, the penalty is a suspended license for 120 days, something that will hit operators of commercial vehicles where it counts: their wallets.

Drivers are not the only ones who can be penalized under the new law; companies can be held responsible as well. Any company that allows or requires their employees to use hand-held cellphones while driving the company or other work-related vehicle can be fined up to $11,000. Holding the employers' feet to the fire is another method of ensuring that all steps are taken to encourage the safe operation of commercial vehicles. To comply with the law, many companies and organizations are scrambling to draft and implement internal policies prohibiting cellphone use while on company business.

However, as many Missouri personal injury attorneys can tell you, even the best plans to rid the roads of distracted drivers won't stop some from refusing to behave responsibly behind the wheel. The St. Louis injury lawyers at Sansone / Lauber believe that the best way to protect yourself against distracted driving by commercial vehicles is to pay special attention while driving and carefully watch the road ahead of you. For information on how to protect your legal rights if you or a loved one has been seriously injured, call one of our Missouri car accident attorneys today at 1-314-863-0500.

Source: "Companies weigh risks of distracted driving" by Larry Copeland, published at USAToday.com.

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The biggest driving distraction might just be... your car?

Missouri Takes Aim At Distracted Driving

In Missouri, injury claims, such as a car or truck accident, are valued by the amount of harms and losses suffered by the victim. There are two general types of harms and losses or "Damages" in personal injury cases; (1) Special damages or economic damages: which include specific amounts billed or out of pocket, such as past and future medical bills, past and future lost wages, damage to property. The second general type of damages is (2) Non economic damages or pain and suffering. In the past medical bills were determined by the amount billed, not the amount paid. So if the injured victim was charged $100,000 in medical care but their insurance paid $50,000, at trial the evidence would be $100,000, not $50,000.

Currently, the billed versus paid amount being submitted to a jury is controlled by the Missouri Supreme Court case of Deck v Teasley. See St Louis injury law article: "Under Missouri Personal Injury Law, Medical Damages are Amount BILLED to patient, NOT Amount PAID by Insurance; assuming proper evidence is established by Plaintiff" However, What if the medical bills are only partially paid and not satisfied in full by a lower amount paid by insurance, can the defense make a rebuttable presumption of reasonable value being the amount paid? As a practicing St Louis PI lawyer I think the answer is no.

An affidavit as to the amount partially paid with a balance owed should not invoke the rebuttable presumption of reasonable value created by Missouri Statute 490.715. As the statute specifically provides that " (2) In determining the value of the medical treatment rendered, there shall be a rebuttable presumption that the dollar amount necessary to satisfy the financial obligation to the health care provider represents the value of the medical treatment rendered. R.S.Mo. 490.715.5 (2) (emphasis added.) If the medical providers bills are not satisfied in full then the defendant should not be entitled to the statutorily created presumption. No provision of law, and certainly not R.S.Mo. 490.715, allows Defendant to urge that the partial payment of a medical bill which does not satisfy the balance owed is the reasonable value of medical services provided to Plaintiff.

The Deck case did not completely resolve the billed versus paid battle. This is currently still a tricky area of law and is handled differently by different judges. At trial many Judges are currently allowing the plaintiff to submit evidence of the total amount billed and allowing the defense to submit evidence of the amount paid. However, neither side is allowed to comment as to why the numbers are different. Neither side is allowed to mention insurance, neither medical insurance or auto insurance. So they issue of billed versus paid is still not completely settled, but good injury lawyers are making sure they submit the strongest evidence on behalf of their clients to at least get the amount billed in front of a jury whether it is submitted with the amount paid or hopefully, just by itself.

St Louis car accident attorney and personal injury lawyer Ben Sansone of the Sansone / Lauber law firm has been practicing injury law for over 10 years in the St Louis area and across Missouri and Illinois. Call (314) 863-0500 or contact an injury lawyer online for a free no obligation consultation today.

According to a recent article on KSDK.com, the Missouri State Highway Patrol has recently released several tips for drivers after a fatal accident along a busy stretch of interstate in St. Louis. Southbound Interstate 55 was closed just this week when a pedestrian was struck and killed by a tractor-trailer near Sidney Street.

Police say the victim, 67-year-old Moustafa Elmansy, got a call from a friend saying he needed help. The friend was pulled over on the shoulder of I-55 after his car had run out of gas. The victim bought gas and rushed out to help his stranded friend. When Elmansy arrived, he parked in front of his friend's stalled vehicle and began adding gas to the car when he was clipped by a passing semi. Police have said that the truck driver told them he never saw the victim prior to the impact.

Missouri State Highway Police Sergeant Al Nothum said that if a driver encounters vehicle issues "always yield to the right." This is because drivers have significantly more room on the right shoulder than the left. Nothum says following a few guidelines can save you from a potentially dangerous situation, risking not only injury, but also death. The left shoulder, where Elmansy was hit and killed, is not a place to be outside of the car. A good general rule of thumb is to stay inside your vehicle where you at least have some level of protection. Once a driver exits the vehicle their chance of injury increases exponentially.

The Missouri Highway Patrol also has a toll free number for drivers who find themselves in dangerous situations while on the interstate. "Call *55 and inform them where you're at," Nothum said. "Give them a good location and tell them you need assistance immediately." Highway Patrol says that someone will be dispatched immediately to provide a safe perimeter and assistance.

The victim that was tragically killed was married with children. Though it is a horrible accident, police so far believe no serious charges are expected. However, the investigation remains ongoing.

Suffering from a pedestrian accident caused by another person's actions can leave you facing injuries that will affect your life in a number of ways. You need to understand that you do have rights to protect during this difficult time so that you can move forward. You can resolve this matter in a beneficial way when you ensure that your case is handled properly so that you do not suffer medical bills, lost work wages and other costs. With the help of an experienced St. Louis car accident lawyer, you can begin to move forward with your case and regain your life.

The tragic consequences of traffic accidents are why we at Sansone / Lauber repeatedly stress vigilance and awareness while operating motor vehicles. It only takes one or two seconds of distraction to cause irreparable damage. Our Missouri car accident attorneys regularly handle car accidents and cases involving pedestrians being struck by other vehicles. For information on how to protect your legal rights if you or a loved one has been seriously injured, call our office today for free at 1-314-863-0500.

Source: "Missouri Highway Patrol offers tips after Moustafa Elmansy killed on I-55," by Steve Patterson, published at KSDK.com.

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

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Often after a car accident or other injury the victim's future medical condition cannot be certain and often doctor's will opine that future surgery may be required as a result of the injuries sustained. This leads to the questions of ... when can the risk of future surgery be submitted to a Missouri jury for their consideration?

This issue was addressed by the Missouri Supreme Court in Swartz v. Gale Webb Transportation Co., 215 SW 3d 127 (MO 2007). This case arose from serious injuries, including lower back disc bulges, sustained after a car and bus collision. The plaintiff was the passenger in a car that was struck by a school bus owned by the defendant, Webb Transportation. The jury determined that the bus driver was at fault and as part of their verdict considered the need for potential future surgery. The defendant appealed claiming the jury should have never been able to hear medical testimony about future surgery and appealed on that ground.

The defendant argued that it was error to admit the doctor testimony that the Plaintiff's injuries put her at an increased risk of future surgery and other complications. Claiming that the experts were not able to testify that "more likely than not" the injured victim would need surgery in the future as a result of her injuries sustained. One expert testified that she had a 50/50 chance of requiring future surgery, a "more likely than not" standard requires a just a little bit more ...50.1% sure not just 50%. Additionally, the doctor admitted future surgery was "speculation" and could not be stated "within a reasonable degree of medical certainty". All buzz words or phrases that are problems for the Plaintiff to meet her burden of proof. See Injury Lawyer Article: Reasonable Degree of Medical Certainty Standard.

Despite the uncertainty of the future risk of surgery and problems, the testimony and evidence of future surgery and problems is admissible. It is admissible for purposes of establishing the nature and extent of the Plaintiff's current injuries.

"The fact that her back injury carries with it at least a 25 percent chance, and perhaps a 50 percent chance, of requiring surgery in the future makes it a worse injury than a back injury that has a lesser chance of future complications requiring surgery or that had fully healed by the time of trial."

Since the present injury brings with it this increased risk of future injury this "is information the jury should have in the difficult task of trying to give plaintiff's condition a dollar value." Because the testimony of doctors was admissible for the purpose of establishing the nature and extent of the victim's injuries, the trial court did not abuse its discretion in admitting the testimony or in refusing withdrawal instructions.

Therefore, an experienced Missouri injury attorney will get any evidence of future problems in front of a jury so they can fully decide the damages to award and the full nature and extent of the injury. Even if it is speculation that the future surgery would be needed, it goes to the extent of the present injury. However, I believe if you want to ask for specific damages - the jury to award the cost of the future surgery - you need a doctor to testify it is more likely than not the surgery would be required and what the likely cost would be.

U.S. Transportation Secretary Ray LaHood announced a new safety rule, in an effort to reduce truck and bus accidents. The rule prohibits interstate truck and bus drivers from using hand-held mobile phones while operating their vehicles. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest action by the U.S. Department of Transportation to end distracted driving. See Driving while testing v Driving While Intoxicated

LaHood said:

"When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly....I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel."

FMCSA research shows that use of a hand held mobile phone while driving requires a CDL driver to take risky steps beyond what is needed for use of a hands-free mobile phone, including searching and reaching for the phone. Commercial drivers reaching for an object, such as a cell phone, are three times more likely to be involved in a crash or other safety-critical event. Dialing a hand-held cell phone makes it six times more likely that commercial drivers will be involved in a crash or other safety-critical event.

I believe this regulation is common sense. Most states already ban texting while driving and many require hands free use of mobile phones for phone call while driving. See Texting and driving bans by state. In 2009 almost 5474 people died, often a wrongful death case, and 500,000 suffered auto or truck accident related personal injury as a result of distracted drivers.

Hand Held Cell Phone Bann Rule for CDL Drivers can be accessed here.

Continue reading "Truck and Bus Drivers' Use of Hand Held Cell Phones while Driving Banned " »

As St Louis personal injury attorneys, we see and handle a lot of cases involving traumatic brain injury (TBI). A competent brain injury lawyer will actively follow new bills that are introduced pertaining to insurance regulations which, in turn, greatly affect our injured clients with head injuries.

Recently Fox news published an article on the injustices surrounding traumatic brain injury cases. Brain Injury Patients Face Double Injustice -- Trauma and Mounting Bills Not only do patients suffer physical injury, but they must also deal with the surmounting medical bills that medical insurance will not pay. Example, Corey Beattie, 18 years old, was involved in a truck accident when she was the passenger in a vehicle hit by a truck. It took two hours for rescue workers to remove her from the mangled car. She had a broken neck and multiple fractures. The doctors said that her brain "spun within the frame of her skull". Corey's mother was informed that she would need at least one year of consecutive inpatient rehabilitation. But like so many others, her insurance would only cover 6 ½ months of rehab. She was released and sent to outpatient therapy. Research suggests that with a severe brain injury such as this, the brain needs this 12 month window to have the best chance of rehabilitation and regeneration. The brain surgeon was overruled by bureaucracy.

Insurance companies are notorious for refusing to pay the ongoing treatment needed to complete rehabilitation in TBI and other serious medical cases. A New Jersey representative is advocating that congress step in to correct this issue. His proposal is to have the Department of Health and Human Services make treatment of TBI a benefit under the Patient Protection and Affordable Care Act. He is suggesting that the government will be able to better determine the guidelines for what will and will not be paid with the intention that patients can get the ongoing care that they need. Whether or not this is the best solution, something needs to be done to fix this problem.

St Louis injury lawyer, Ben Sansone, has handled multiple severe brain injury cases to successful conclusions. Including just a few mentioned below:

$575,000.00 drunk driving car accident and brain Injury Settlement. Client was a passenger in the back of a vehicle struck by a truck driven by a drunk driver in Illinois.

A young boy that was struck in the head by a loose commercial door post while at school. The evidence shows that the school faculty were aware of the defective post the day prior but failed to repair or warn o the condition. This particular case is still pending, but we believe it is just a matter of time before the case settles favorably.

Head Injury from St Louis Auto accident. Minor physical injuries but client suffered post concussion syndrome (PCS) a minor form of head injury.

$500,000 settlement for St Louis construction worker struck on head with board and suffered a head injury.

Continue reading "Potential New Insurance Regulations related to Traumatic Brain Injury (TBI) " »

Previously, I discussed recovery by 3rd parties against Missouri wrongful death settlements or judgments regarding medicare and also health care providers.

How about cases not involving wrongful death? Lets say you are involved in a Missouri auto accident with injuries and your health insurance, that you pay for, covers your medical expenses. Can that heath insurer now demand you pay them back from the proceeds of your auto accident settlement or judgment against the at fault driver? Absolutely not - but they try all the time.

As a St Louis Missouri lawyer with my primary practice focusing on all personal injury cases, I run in to this issue from time to time. Just recently, I had Blue Cross Blue Shield try and claim a lien and subrogation right against my client's money damages recovery against an at fault driver in a St Louis car collision lawsuit.

Under Missouri injury law it is clear that a lien or subrogation claim by a health insurer is against public policy. This standard under Missouri injury law has held since 1965 in the case of Travelers Indemnity Co. v. Chumbley, 394, S.W.2d 418, 425 (Mo.App.1965).

"It is also clear that a health care insurer may not be subrogated to its insured's right to recover from a third party tort-feasor because it would constitute an impermissible partial assignment of the insured's action for damages for bodily injury"

Also see Missouri injury lawsuit - Scroggins v. Red Lobster, No. SD 30214 Court of Appeals, Southern Dist 2010 stating:

“The Participant paid for health care coverage. The Insurer was obligated to provide those benefits regardless of whether the Participant pursued her personal injury claim. Missouri courts have never allowed a provider to be reimbursed for medical expenses that the insured recovers in a settlement from a liable third party under a lien theory, and we decline to do so now.”

Continue reading "Personal Injury Settlement in Missouri: Can Your Health Insurer Demand Payback for Medical Expenses?" »

August 21, 2007, 19 year old Kendra Lymon was driving her Dodge Neon through an intersection and was struck by Robert Bohn, a part time tractor-trailer driver for Bynum Transport, Inc. Another tractor-trailer in the opposite turn lane blocked Bohn’s view, but he turned left anyway hitting Lymon on her driver’s side and crushing the entire vehicle. Bohn insisted he had a green arrow, but it was later found, through eyewitnesses, that Lymon had the green light.

Prior to the accident Lymon was a student of South Florida community College, majoring in psychology. Lymon had a bright future ahead of her. She spoke six languages and was working as an aide for the Florida Institute of Neurologic Rehabilitation. Since the car accident, she has been left with extensive personal injuries, including a traumatic brain injury, which require her to be under constant supervision. She needs assistance with everyday tasks such as bathing, dressing, eating, and all routine tasks and must also use a wheelchair.

On March 18, 2009 a jury returned a personal injury verdict in the amount of $65 million for the plaintiff. Bynum Transport and Robert Bohn argued the amount was excessive, should be reduced and requested a new trial. In their appeal, they specifically challenged the $41,443,401 award for “pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of disease or physical defect, or loss of capacity for the enjoyment of life.”

In a one-page ruling, the Lakeland based appellate court affirmed the decision to award the jury’s verdict.

The family is pleased, as this money will help provide the 24-hour care Kendra needs to live.