Missouri Injury Law Blog

Earlier this month a driver from Clay County, Missouri, plead guilty to careless and imprudent driving after a sneezing attack led to her hitting and killing another motorist. Police say the woman hit the other driver head-on after drifting out of her lane. There is a defense to negligence based on a sudden and unexpected medical condition, such as a seizure or a heart attack that causes you to loose control. But a sneeze? Probably not a good defense to a Missouri wrongful death action; especially if the driver pleads guilty to criminal charges which is an admission of the negligent act.

The accident in question occurred back in November (which we previously discussed here) of last year when Brady hit Laura McClendon, killing her and paralyzing her two-year-old son. The accident took place just outside of Smithville, MO and occurred when Brady began having a sneezing attack. The sneezing caused her to lose control of her vehicle, crossing the centerline of the narrow road. She eventually drifted far enough over the line and that she struck McClendon's vehicle head-on.

Brady now faces up to 18 months in jail and a fine of $1,500. Brady has not yet been sentenced, authorities say that will happen later in June. It's a terrible price to pay for the victims and the driver, all because of a careless sneezing fit.

Police took the deadly accident as an opportunity to remind drivers about the importance of maintaining control over your vehicle, emphasizing how even momentary lapses, like this one, could lead to disaster. Officers said that if a driver starts sneezing it is critical that they continue to control the car. Attorneys say that Brady could have easily slowed her car down or pulled over until her sneezing episode subsided.

The family of McClendon has now filed a wrongful death suit against Brady. It's important to understand that in Missouri, individuals can file suit against negligent parties who have caused them harm regardless of whether criminal charges are being pursued. Despite Brady's prosecution and even potential jail time, the McClendon's family is still permitted to file suit for civil compensation. In fact, her plead of guilty to the careless and imprudent driving can and will be used in the civil auto crash case to prove it was her fault.

Another unfortunate bit of news came from the police who said that Brady had no insurance at the time of the deadly accident. In Missouri, and most other states, the law requires the owner of a motor vehicle to have it insured before operating it on state roadways. Sadly, many people decide to disobey this requirement and drive without proper insurance.

If you are ever involved in an accident and the other driver has no insurance, then you will be forced to make what is known as an uninsured motorist claim against your car insurance policy. Everyone in Missouri is required to carry a minimum of $25,000 in uninsured motorist coverage in case such an accident does occur. Once you file a UM claim, your insurance company steps in to take the place of the negligent driver and can be held liable for your medical bills, lost wages, and pain and suffering.

Though this is welcome news for the family of the woman killed in the accident, $25,000 does not go very far. There are countless situations where clients wished they carried more than $25,000 in uninsured motorist coverage. Given the potential harm that can result in such uninsured driver accidents, it's a good idea to carry the maximum uninsured motorist coverage allowed under your policy.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the St. Louis Missouri car accident attorneys at (314) 863-0500 today or contact us online.

Source: "Driver Guilty of Careless Driving After Sneezing While Driving Fatality," by Kathryn Brady, published at Yahoo.com.

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Missouri Fatal Car Accident: Caused by Sneezing?

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Drunk driving accidents are one of the leading causes of needless injury and death in Missouri, Illinois, and across the country. Our St Louis law firm unfortunately sees the carnage caused by this reckless behavior through the injury and wrongful death cases that we handle that often involve drunk drivers.

Sometimes, the drunk drivers got extremely drunk at a bar or restaurant, left that bar and then caused the car crash. So what responsibility should the bar have, assuming you can prove they were over-served? In Missouri and Illinois if the driver was "visibly intoxicated" and the bar continued to serve them, they could be liable for the injuries caused to others on the road. See Missouri Dram Shop Law, proof drunk driver was "Visibly Intoxicated".

Some states still don't have those laws on the books; therefore, the bar can over-serve a driver and throw their hands up to the family of someone killed by a drunk driver and say, "we can't control what they do". Nonsense! They can prevent needless deaths by simply refusing to serve patrons that are visibly intoxicated, or even call a cab for them or encourage them not to drive or turn their keys over if they want another drink.

The fight to impose liability on bar owners is currently going on in Maryland, a state that currently does not have laws on the books holding bar owners responsible. See, Maryland court considers liability of bars in drunken-driving crashes.

I read this article and felt it is necessary to dispose of some myths from the insurance industry that is fighting this law. Int he article the bar owners are claiming: "They say they can't control the actions of someone who leaves their premises. In addition, they say the prospect of being blamed for a customer's drunken-driving crash would raise insurance premiums for them, raise prices for customers and lead some businesses to shut their doors."

True, they cannot control the actions of someone who leaves their premises, but they can control if they are over-served at their bar. No one is trying to hold business owners responsible for a drunk driver that chooses to get ridiculously drunk in the parking lot or somewhere else.

More importantly, the family of the victim or the injured person must prove that the driver was visibly intoxicated and was still served at the bar. This is not easy, but the insurance industry makes it sound like liability is automatic against the bar just of a drunk driving crash happens. Most cases it is difficult to prove the driver was "visibly intoxicated": and then served continuously, it is a very tough burden to prove.

Why is it so hard to prove? Usually no-one knows where the drunk driver came from, then when you find out, and surveillance tape is gone, if it ever existed. Then you have to find witnesses at the bar who can say they remember the driver before they left and that they were visibly intoxicated. Additionally, usually the witnesses were drunk themselves and thus their recall is sketchy at best.

So in the few cases where there are witnesses and clear evidence the bar employees knowingly over-served a drunk person, then let them walk out and drive, and that person causes a car crash; why not hold them responsible? The vast majority of drunk driving injuries, no-one knows where the intoxicated driver got drunk at and it is never an issue because of that.

So to the business owners out there they want to shirk responsibly for knowingly let an inebriated driver leave and drive off and likely kill someone, I say hire a good lawyer because we are coming for you! You would not put a gun in the hand of a drunken patron at 2:00 in morning, so why load that gun for them by over-serving them and get paid for doing it.

It is not difficult, don't serve people that are visibly drunk, if you do, ask a simple question: Do you have your car keys? .... yes .... well, if you want another drink here give them to me and I will give them back to you in the morning or hand them to the cab driver when he picks you up.... Don't want to hand over your keys? I cannot serve you another drink, thank you for coming in. -- Will probably save a life.

St Louis Attorney Ben Sansone is an experienced drunk driving accident lawyer, with millions in verdicts and settlements against drunk drivers and on behalf of injured victims and their families. Hurt by a drunk driver? Relative killed by a drunk driver? Call us today (314) 863-0500 for a free consultation.

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The 7th Amendment to the United States Constitution guarantees an individual's right to a trial by a jury of his or her peers, meaning the people in their community. This right is very clear, yet the politicians in Missouri who always pound their chests about not infringing and the 2nd Amendment (which I absolutely agree with); have no problem trashing the 7th amendment to try to protect negligent doctors and hospitals (really insurance companies) at the expense of innocent victims and the taxpayers. That's right, the tax-payers, because when a victim is severely injured, denied compensation because of malpractice caps and tort "reform" laws, the malpractice insurance company makes more money and the victim is often forced to turn to Medicaid, Medicare or other governmental assistance. For a very clear article about this see St Louis Post Dispatch Article:
"Right to trial protects patients from negligent doctors".

Insurance companies in Missouri have gone on the offensive and are now lobbying Missouri legislators to put liability limits for medical malpractice cases in place after the Missouri Supreme Court struck down the previous cap last year. In the coming months and years you will hear, once again, all the debunked myths about doctors fleeing the state, being forced out of practice, etc... See: Tort Reform Myths

A law passed by state legislators in 2005 capped noneconomic damages in medical malpractice lawsuits at $350,000. The measure was meant to put limits on growth in medical liability lawsuits. Prior to that, the limits were $579,000 (adjusted for inflation) for non-economic damages against each defendant for each negligent act. The state Supreme Court heard a case last year on the 2005 limits and determined that the cap was unconstitutional.

The Supreme Court voted 4-3 to overturn the cap, citing Missouri's Bill of Rights which says that the then existing right to trial by jury shall remain inviolate. Given that at the time the Bill of Rights was enacted in 1820, citizens of Missouri had a right to seek damages for medical malpractice claims, the Supreme Court decided that limits on the amount of damages that would restrict a jury's fact-finding role would violate the constitutional guarantee.

Doctors have aligned with insurance companies to pressure legislators to reinstate the damages cap. They claim that the limit helped the medical community in the state by removing some of the risks associated with hugely inflated med mal verdicts. The cap helped lower medical malpractice insurance premiums and doctors claim that kept more doctors in business in the state, lower costs to consumers in the process.

The proposal before legislators would act as an end-run around the Supreme Court's decision. Lawmakers would eliminate the common-law right to sue over medical malpractice and instead create a statutory right to bring such lawsuits. By abolishing the common-law right to bring such lawsuits, the previous $350,000 cap could be put in place.

Those opposed to such a cap on damages argue vehemently that negligent doctors should not be protected from their own misconduct. Damage caps do nothing to prevent filing frivolous damage claims and only come into play once a jury has decided that a defendant was negligent and that the injured plaintiff suffered real harm. The caps only serve to protect negligent defendants from having to be totally accountable for the damage they caused. See: "Preventable Medical Errors - Leading Cause of Death in the United States"

The fact is that medical mistakes lead to the preventable deaths of 100,000 people each and every year across the country. This horrifyingly high figure places it as one of the leading causes of death in the United States. Those that are responsible for causing such extreme harm should be held responsible for the actions, not have an arbitrary cap put in place protecting them in ways their unsuspecting patients never were.

Medical negligence lawyer Ben Sansone is located in St Louis (Clayton) Missouri and handles medical negligence cases across all of Missouri and Illinois. For a free consultation please call (314) 863-0500 or contact us online.

Source: "Mo. House panel considers medical liability limits," by The Associated Press, published at KAIT8.com.

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Negligence Actions BUT NOT Wrongful Death Actions

If your car ever breaks down please be sure to get it off the side of the road as much as possible. Even with hazard lights, road flares, or strobe lights, inattentive or drunk drivers will still hit cars parked on the shoulder causing severe injuries or even death. As an accomplished injury lawyer, I have handled dozens of cases involving pedestrians hit by passing cars. In my experience, these types of accidents usually happen between 10:00 p.m. and midnight; especially on the weekends. I think for obvious reasons, since this is the time of day that more drivers are intoxicated or under the influence of drugs, thus impairing their ability to see stranded motorists on the side of he road.

Currently, our law firm is handling one such case that resulted in the tragic death of a father of four children. See Wrongful Death Lawsuit - Lewis County, MO. Despite taking safety measures, a man was killed on the side of the highway. Cortez Robinson's car broke down late at night in December 2012, he moved the car off the road as far as possible onto the shoulder, turned the hazards on, and was standing outside near the car. This stretch of Highway 6, about 2 miles West of Lewistown, Missouri, is straight and visibility is good. Despite his hazard lights being on and good visibility, a driver passing by struck the vehicle and Mr. Robinson, killing him and severely injuring another pedestrian by forcing the car into her body. See Article in Kirksville Missouri Daily Express: KV man killed in Lewis County crash. Additionally, the preliminary crash report from the Missouri Highway Patrol is available here.

As mentioned above, our law firm is representing the four surviving children ages 1 to 8. We believe the driver was negligent and at fault for by not keeping a proper lookout, even if the disabled car was partially in the westbound lane, she still should have seen it in plenty of time to avoid the collision with a parked car. It is foreseeable on the roadway that other vehicles may break down or pull over to the side for whatever reason. I am sure we have all encountered vehicles pulled over on the road while driving down the highway, most of us do the responsible thing of first paying attention enough to see the car and then move our vehicles away form the shoulder to give the vehicle and the people in or around it as much room as reasonably possible.

Since the children whose father was killed in the wrongful death accident are all minors, the case is still brought in their name, however, the court must appoint a "next friend" to make decisions on behalf of the minors. Typically, the "next friend" is a parent or guardian, usually the natural mother or father. In this case, we have asked the court to appoint the natural mother of the children as the "next friend". This is a formality to protect the minor children. Additionally, to also protect the minor children, any settlement involving a car crash death and minor children must be approved by the court. The court will assure that the judgment or settlement money goes to the benefit of the minors and put in a protective account that will benefit the children and prevent the parents or other adults from squandering the assets. This is referred to a minor settlement approval hearing.

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Continue reading "Lewis County Missouri - Wrongful Death Car Accident involving Stranded Motorist on Side of Highway 6" »

According to a recent article by the New York Times, the Food and Drug Administration has launched an investigation after reports that the 5-Hour Energy product may be linked to some 13 deaths over the past several years. Potentially product liability wrongful death cases may follow.

The FDA confirmed that it has begun an investigation into the 13 deaths which all occurred within the last four years. The investigation is similar to the one involving Monster Energy Drink and the five deaths that were related to its use.

A report by the New York Times revealed that since 2009, 5-Hour Energy has been named in some 90 filings with the FDA including 30 that involved life-threatening incidents. These include incidents of heart attack, convulsions and, in one especially tragic case, a spontaneous abortion.

The company has responded by issuing a statement saying that the small shot of caffeine is safe when used as directed. The company, Living Essentials, says that no more than two of the 2-ounce shots should be consumed in a day and the two shots should not be consumed close together. Each tiny shot contains as much caffeine as a cup of coffee.

Consumer Reports recently studied the levels of caffeine in a wide array of energy drinks and found that the highest amount per serving was found in the 2-ounce, 5-Hour Energy Extra Strength which contained 242 milligrams of caffeine. This is many times more than the 35 milligrams of caffeine found in a 12-ounce can of Coke.

Though caffeine may not be a dangerous and regulated prescription medication, there's no doubt that that such high levels can cause serious harm. Seemingly safe ingredients in products we use and consume every day can cause great harm given the right set of circumstances. As an example of the harm they can cause, the Substance Abuse and Mental Health Services Administration said that more than 13,000 emergency room visits in 2009 were linked to energy drinks.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the Missouri injury lawyers at 1-314-863-0500 or contact an attorney online today.

Source: "Caffeinated Drink Cited in Reports of 13 Deaths," by Barry Meier, published at NYTimes.com.

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Though workplace serious injury and death have been falling on farms in America, one category remains hard for regulators to bring under control. The number of workers dying or becoming injured due to grain bin or silo accidents has stayed consistently high in recent years, reaching a peak back in 2010 of 26 deaths.

Though they may seem benign, silos pose very real dangers to those that work around them. The bins full of corn, wheat or soybeans can become deadly when grain falls out of control, suffocating victims. Since 2007, some 80 people have died in silo accidents. Even more tragic is that 14 of them were teenage boys.

Experts interviewed by the New York Times say that the reason for the high rate of death is the huge volume of corn being grown in the U.S. to keep up with global demand. An emphasis on ethanol production and steady corn prices has kept farmers busy growing and storing the product.

Given how deadly grain bins can be for young workers, with 20 percent of all accidents impacting workers under the age of 20, it's not a surprise that the Labor Department attempted to implement new rules aimed at protecting children working on the nation's farms. The new rules would have prohibited children under 18 from working in large commercial grain bins or silos, keeping them safe by keeping them away from the danger. What is a surprise is how much of a backlash there was against the new regulations and how quickly the Obama administration backed down, pulling the proposed rules from consideration. Last year, the Labor Department proposed new regulations aimed at tightening protections for children doing farm work.

One tragic example of how things can turn bad quickly happened in 2010 in Illinois when a group of teens were sent into a storage tower to loosen corn kernels that had gotten wet and were sticking to the sides of the silo. After Wyatt Whitebread, 14, walked into the silo, a manager at the facility opened a hole in the floor to help move grain out of the storage bin. This movement shifted all the corn in the silo, causing Wyatt, who was walking on top of the corn, to fall. He was consumed by the corn in a matter of seconds, as was his 19-year-old friend, Alejandro Pacas who ran over to help. Both died within moments.

A third worker, Will Piper, 20, was trapped when he tried to save his best friend, Alejandro. Will spent the next 12 hours pinned against his friend's lifeless body while 300 rescuers worked to drain the corn from the silo, managing to keep his head slightly above the corn the whole time.

The real tragedy of the deaths in silos is that nearly every single one was preventable. It's confounding to many experts that more is not done to reduce the harm posed by grain silos when the steps are so easy and inexpensive. A pulley system, a safety harness and a set of boards to fence off a trapped worker cost less than $1,000 per grain silo. Furthermore, following federal requirements by doing things like having a spotter and shutting off any mechanical equipment before someone gets inside a grain bin costs nothing.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the St. Louis wrongful death attorneys at 1-314-863-0500 or contact an injury lawyer online today.

Source: "Silos Loom as Death Traps on American Farms," by John Broder, published at NYTimes.com.

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A tragedy supposedly involving a sneezing fit leading to a Missouri fatal car crash has left a 30-year-old Kansas City woman dead and the other driver facing a police investigation. The other driver in the accident claims that a terrible sneezing episode caused her to lose control of her minivan and crash into the other woman.

Though it's true that sometimes you aren't able to control when or if you are going to sneeze, it is your responsibility to be traveling at a slow enough speed so that you can remain in control of your vehicle and avoid a collision.

The fatal car accident happened on a 2-lane highway where there was little room for error given the lack of a shoulder. The sneezing is to blame for the one driver crossing over the centerline, hitting a passing car head-on. The crash also resulted in injuries to a 1-year-old boy traveling in the car that was hit by the sneezing driver.

A police spokesperson said that while the car accident is highly unusual, a sneezing attack is not a valid excuse. While it is out of the control of the person afflicted, a driver suffering an attack still has the responsibility to safely maneuver their vehicle. The police officer suggested that if such an attack does occur the best thing to do is slow your vehicle down so you can maintain control.

So far officers have issued traffic tickets to the sneezing diver under Missouri's carless and imprudent driving statute. The case is still being reviewed by the Clay County Prosecutor to determine if more serious charges will follow.

Tragically, the woman who died in the accident was not wearing her seatbelt. She was the only person involved in the accident to be without a belt and law enforcement officials say that it was likely a critical factor. Traffic deaths in Missouri are up 6% so far this year and in 2 out of 3 of them, the victims were not buckled up. However, typically, a victim's failure to wear a seat belt cannot be used against them in a Missouri personal injury action. See Missouri Car Accident Evidence: "Can the Plaintiff's Failure to Wear a Seat-belt be Used Against Them?"

Putting on a seatbelt is an easy way to greatly increase your safety while behind the wheel. It only takes a second but it could be the thing that saves your life one day. No matter how responsible of a driver you are, you never know what a passing driver might do or if one might have to sneeze.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the St. Louis Missouri car accident attorneys at 1-314-863-0500 today or contact us online.

Source: "Missouri tragedy shows sneezing can cause a fatal crash," by Brian Burnes, published at STLToday.com.

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St. Louis Sees Several Instances of Multiple DWI Convictions in Less Than a Week

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

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

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

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

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

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

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

The victims and their loved ones should consider speaking with a St. Louis personal injury lawyer to weigh their legal options. Just because the at-fault driver is facing criminal charges does not preclude the victim or his loved ones from seeking restitution through a civil claim. For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our Missouri car accident attorneys today at 314-863-0500.

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

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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.

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The Food and Drug Administration recently announced that the agency launched an investigation concerning five deaths and one non-fatal heart attack linked to consumption of the Monster Energy Drink. The Monster Energy Drink is a heavily caffeinated soda that has grown in popularity in recent years among those eager for a boost, especially young people.

Reports indicate that several people suffered adverse reactions after consuming the drink which contains a whopping 240 milligrams of caffeine. To put that number into some perspective, one Monster Energy Drink contains about seven times the caffeine in a typical 12-ounce can of soda.

The FDA issued a statement saying that it was taking the reports of death seriously and will begin a thorough investigation to determine if any action should be taken. Although the FDA caps the amount of caffeine in soda at 0.02 percent, there is no such limit for energy drinks, something that may need to change in the future. Though a response from the regulatory agency is a good thing, the timing leaves something to be desired as reports first surfaced back in 2004. The agency says so far there's no proof that the drinks directly caused the deaths or injuries.

The FDA's announcement follows quickly on the heels of a report that a wrongful death suit was filed in California by parents of a 14-year-old girl who died after consuming two cans of the Monster Energy Drink in less than 24 hours. The child's parents argue that the soft drink company failed to properly warn consumers about the dangers associated with consuming its products.

An autopsy was conducted on the girl soon after her death which revealed that she died of cardiac arrhythmia due to caffeine toxicity. However, the medical examiner also announced that the girl had an inherited disorder that can cause weakened blood vessels.

For its part, Monster Beverage Corporation, says that it puts labels on its cans stating the drinks are not recommended for children and people who are sensitive to caffeine.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the St. Louis accident/wrongful death attorneys at 1-314-863-0500 today.

Source: "Monster Energy Drink Linked to Five Deaths, FDA Investigates," by The Associated Press, published at FoxNews.com.

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

The sudden death of a loved one is always tragic and heartbreaking, especially when it is at the hands of a drunk or hit and run driver, the added pain that the death was a needless one that should have been avoided. Our Clayton law firm has handled many cases of wrongful death caused by reckless or drunk drivers. We aggressively pursue these cases, regardless of insurance coverage or monetary gain, we understand that a civil verdict is a different type of justice and closure for the family that a criminal conviction or guilty plea sometimes does not have by itself. (See Maryland Heights Missouri Drunk Driving Wrongful Death Lawsuit)

One such tragic and needless death recently occurred in St Louis. Prosecutors in St. Louis have charged a man with leaving the scene of an accident that resulted in the death of a 4-year-old boy and seriously injured his brother. The man, Ricky R. Weeden, 54, was charged with one count of leaving the scene of a motor vehicle accident. He was jailed in St. Louis County in lieu of a $50,000 cash bail. A spokesman from the Missouri Highway Patrol said law enforcement is continuing to investigate the crash. The case is expected to be presented to a St. Louis County grand jury for additional charges in the coming days. The man responsible for the hit-and-run also has a history of DWI convictions and was arrested in 2003 and again in 2010. Police have said that a 2001 Chevrolet Silverado that was involved in the fatal accident was found near Weeden's home in St. Louis.

The boys involved in the collision were 10 and four and were hit as they tried to cross St. Charles Rock Road near Salerno Drive. The accident occurred at 7:30 in the evening as the two boys were headed to a nearby candy store. The Chevy Silverado was headed west when it hit the boys and then took off immediately following the accident. The younger boy died at the scene of the accident while the 10-year-old was taken to St. Louis Children's Hospital and initially placed in critical care with a severely broken leg. Thankfully, his condition was upgraded to good earlier this week and all signs point to a recovery.

Felicia Williams, the boys' mother, said she could not believe that someone could do something like that and just keep going, leaving her children in the road. After crashing into an innocent person, the decision to bolt from the scene is not only heartless, it's also against the law. Now, the driver responsible for the crash is likely to be convicted of criminal charges in addition to the civil penalties he could face.

In Missouri, hit and run accidents are governed by Missouri Revised Statutes § 577.060. The law states:

A person commits the crime of leaving the scene of a motor vehicle accident when being the operator or driver of a vehicle on the highway or on any publicly or privately owned parking lot or parking facility generally open for use by the public and knowing that an injury has been caused to a person or damage has been caused to property, due to his culpability or to accident, he leaves the place of the injury, damage or accident without stopping and giving his name, residence, including city and street number, motor vehicle number and driver's license number, if any, to the injured party or to a police officer, or if no police officer is in the vicinity, then to the nearest police station or judicial officer.

The victims and their loved ones should consider speaking with a St. Louis personal injury lawyer to weigh their legal options. Just because the at-fault driver is facing criminal charges does not preclude the victim or his loved ones from seeking restitution through a civil claim. For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our Jefferson County car accident attorneys today at 314-863-0500.

Source: "St. Louis man charged in hit-and-run crash that killed boy in Pagedale," by Denise Hollinshed, published at STLToday.com.

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Its not new, running red lights is a major cause of auto accidents and behind drunk driving accidents and texting while driving, probably the biggest contributor to needless injuries on the roadways. One tragic example, a North St. Louis driver and friends Dainosha Scott, 19 and Marion Robinson, 21, were driving through the intersection of Grand Boulevard and Natural Bridge in the North St. Louis area. This was no usual ride down the street as the driver proceeded to speed through the intersection at speeds upwards of 80 miles per hour.

The driver not only clipped one car already in the intersection, but then proceeded to crash into a Metro Call-A-Ride bus which fell over due to the force of the speeding car. While the driver and passenger of the car that was clipped only suffered minor injuries as well as the bus driver, Scott and Robinson were not so fortunate. Both passengers had been sitting in the backseat and were killed during the crash. The reckless driver of the speeding car walked away with only minor injuries and then was released into police custody at the hospital; no charges had been filed at the time of the February 22, 2012 accident.

This entire incident had been caught on the red light camera at the Grand Boulevard/Natural Bridge intersection. The video clearly shows no attempt on the part of the driver to slow down for any of the cars in the intersection which very obviously was the direct cause of this fatal and very graphic accident. Clearly a strong basis for a civil wrongful death lawsuit.

Unfortunately, there have been no reports of any formal charges being filed against the driver of the speeding vehicle. However, this does not mean that this individual is not culpable for their actions that led to the wrongful deaths of two young people who were merely helpless passengers in this tragic unfoldment. The passengers, Scott and Robinson, put their full trust in the driver when they entered the vehicle that afternoon. It would seem that the driver of this vehicle breached their duty of care to the passengers in the backseat of the car when he/she chose to drive over the speed limit and endanger the lives of so many other drivers.

Per the Missouri State Highway Patrol Statistical Analysis Center, in 2010, there were 12,220 people injured in 8,342 personal injury accidents involving a speeding vehicle. The next statistic that I would like to share are the 2010 fatalities in speeding vehicle accidents. In 2010, there were 301 fatal crashes in Missouri which killed a total of 323 people. That means that in each accident, there was either at least one passenger in the vehicle or that an innocent bystander lost their life due to a speeding vehicle. These numbers are astonishing and they are from two years ago. The drivers that choose to speed are not only doing themselves a disservice by putting themselves in harm's way, but are knowgingly breaching the duty of care that they owe to each passenger in their car as well as other drivers on the road. These drivers must be held accountable in some manner whether it be through the criminal courts, civil litigation or a combination of both.

If you or someone you know has a loved one who has been seriously or fatally injured in any kind of accident due to the negligence of another party, you do have options to receive compensation for this loss. For information on how to protect your rights in a situation of negligence or wrongful death, please call one of the St. Louis accident/wrongful death attorneys at 1-314-863-0500 today.

Si tu o alguien que conoces tiene un querido que se perdio su vida o se fue herido en un accidente por negligencia de otra persona que esta culpable, tienes opciones para recibir compensacion por esta perdida. Por informacion en protejer tus derechos en un situacion de negligencia o muerto por negligencia, por favor llama uno de nuestros abogados en St. Louis que especializa en accidentes y muertos por negligencia. Nuestro numero es 1-314-863-0500. Llamanos hoy para proteger sus derechos.

Article by staff author Carrie Cuadra.

Sources:

Fox 4 News - Red Light Revelas Graphic St Louis Intersection Crash

Missouri State Highway Patrol - Crash Statistics for Speeding

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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Recently we obtained a very favorable settlement for a Illinois Wrongful death case arising from medical negligence. The case involved the death of an elderly woman from respiratory disease within 24 hours of visiting her doctor and complaining of respiratory symptoms. The medical negligence allegation was misdiagnosis of a specific respiratory disease and failure to properly treat the patient pursuant to the symptoms she presented with.

The amount of the medical malpractice settlement and the parties involved is confidential pursuant to the settlement agreement and to protect the privacy of the victim's family. The case settled a few months before the trial was to begin in October 2012. This case was filed in 2009 and was hard fought for several years to result in an excellent settlement for our clients.

This case not only involved failure to diagnose, but the doctor attempted to cover up the medical negligence by using white out on the original office visit note as well as changing entries int eh medical record as well. We were able to discover this as the defendants must have forgotten that they produced the original unaltered medical records to our client a few weeks after her mothers death and many months before retaining our law firm. We believe the medical record alteration occurred after we contacted the hospital and requested the medical records, at this point they suspected a lawsuit and attempted to hide the negligence in the medical records. Based on the alteration to the medical records, we filed a detailed motion for sanctions against the defense doctor and hospital, this aggressive motion was a significant issue in the settlement negations and made a large difference to the value of the case. See MOTION - Sanctions - Altered Medical Record and White Out.pdf

This settlement was the justice that our clients deserved, they lost their mother due to a doctor being careless and not paying attention to her patient's obvious respiratory symptoms. She either chose not to perform a simple respiratory exam or was not listening as the basic respiratory exam we have all had done during a physical or doctor visit. A properly performed respiratory exam would have detected her severe respiratory symptoms and prompted a competent doctor to provide additional medical treatment rather than simply send the patient home with instructions to take Tylenol.

In this case the doctor made a choice to gloss through a routine respiratory exam, this routine exam is performed to ensure the safety of patients, particularly ones presenting with respiratory symptoms and complaints. The doctor violated patient safety standards and needlessly endangered this patient when she chose not to do a proper respiratory exam.

Favorable results in medical malpractice cases serve as enforcement and reminders to healthcare providers that they must follow patient safety rules and properly care for their patients, as failure to do so needlessly endangers them and even leads to wrongful death. Enforcement of the patient safety rules through civil lawsuits helps ensure the safety of everyone in the community who puts their trust and life in the hands of their healthcare providers.

If you or a family member have suffered needless injury or death as a result of hospital or doctor neglect please contact the experienced Missouri medical malpractice lawyers at Sansone / Lauber by phone (314) 863-0500 or contact us online.

St Louis Pedestrian killed in hit and run crash, is an unfortunate incident that I see all too often as a St Louis wrongful death lawyer. The National Highway Traffic Safety Administration recently released a report on the subject of pedestrian deaths. The report, prepared by the National Center for Statistics and Analysis, found that there were some 4,280 pedestrian deaths in 2010, a number which represents a 4% increase from 2009. The report broke down exactly where the fatalities took place and what kinds of people were most at risk of dying. However, the report did not go very far to explain why the number of deaths is on the rise.

The problem is not just a national one, a recent report in the St. Louis Post-Dispatch mentioned the death of a pedestrian who was hit by a car and killed early last month. The woman was crossing the street in the 4100 block of North Grand Boulevard when the accident happened. Police said the car was traveling at a high rate of speed and fled the scene after the collision.

Advocates for walking claim the numbers from the NHTSA don't tell the whole story. They point to a recent report by the Centers for Disease Control which said that almost two thirds of Americans are now taking regular walks and that this group increased by six percent since 2005. So it's possible that the increase in deaths has more to do with an increase in the total number of people out walking around. It's clear that better data is needed to help explain what's going on.

The NHTSA data was able to show that despite the recent upswing, the nearly 5,000 deaths in 2010 represented a 13% decrease from 2001. Seventy-two percent of all deaths occurred in an urban setting. Surprising to some is that 80% of all those killed died in non-intersection locations while 68% of those who were killed died after dark. One contributing factor to the pedestrian deaths appears to be alcohol, with 1/3 of those who died reported to have been under the influence of alcohol.

Again, walking advocates point out that drunk drivers represent a bigger danger to pedestrians than pedestrians who have been drinking. While it is everyone's responsibility to be safe and aware of their surroundings, pedestrians would not be at such great a risk if drivers were not driving at such high speeds in such heavy cars and with so little regard for the safety of those around them. For instance, speed is a critical factor in terms of pedestrian safety. If an automobile is going 20 miles per hour, the average person walking has a 90 percent chance of surviving.

One of the groups advocating for change, Transportation for America, released its own report back in 2011, saying that pedestrian deaths are the result of the national neglect of pedestrian safety in policy and road design. The report correctly pointed out that most pedestrians die on major roadways that were designed for speeding cars and have no place for those on foot or on bicycles. The increasing tendency to move traffic to major thoroughfares with shopping, dining and other important attractions are often built with little or no consideration given to pedestrians. Space is often dedicated to more lanes while crosswalks, sidewalks and bike lanes are merely an afterthought.

Rather than lay blame at the feet of pedestrians, it may be better for the NHTSA to look more closely at what can be done to encourage a safer driving environment for everyone. Drivers have an enormous responsibility for the safety of pedestrians given the size and speed of vehicles and their capacity to cause serious and sometimes fatal injuries. For information on how to protect your legal rights if you or a loved one has been seriously injured in an accident, call one of our Jefferson County car accident attorneys today at 314-863-0500.

Source: "Pedestrian deaths rise; NHTSA rules planned," by Jayne O'Donnell, published at USAToday.com.

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