New Jersey Teenager Sued for Texting Friend While He Drove, Causing Crash: Is She Responsible?

1105261_two_calls.jpgThere's no question that distracted driving is a problem of epidemic proportions here in Missouri and throughout the county. Text messaging is one of the most popular forms of distraction for drivers, and most of us know how dangerous it is to send a text message while we're behind the wheel. But let's say you text a friend, knowing that he's driving, and he then causes an accident while reading or responding to the message. Can you be considerable partially responsible?

That's the question currently facing a New Jersey judge. A Dover couple recently filed a personal injury lawsuit connected to a 2009 distracted driving accident, and they're not only suing the at-fault driver, Kyle Best: they're also suing the young woman who sent him several text messages in the minutes before the accident occurred.

In September 2009, Best (then age 19) was texting and driving while commuting home from work, which caused him to drift across the center line into oncoming traffic. His pickup collided with a motorcycle ridden by David and Linda Kubert, who were both seriously injured: David's left leg was torn off above the knee, and Linda's left leg was later amputated because her injuries were so severe.

Immediately following the crash, Best told local police that he had simply looked down at his phone to see who had sent him a message. However, cell phone records revealed that Best texted the young woman just before 5:48 p.m. that day: she responded within about 30 seconds, and Best replied again. Seconds after sending that text, Best called 911 to report the accident. The records also show that the pair had exchanged multiple messages throughout the day: the Kuberts' lawyer, Stephen Weinstein, says the young woman was fully aware that Best was driving when she sent the messages, because she knew he was leaving work. He likened her actions to someone who enables a drunk driver.

"They were texting back and forth like a verbal conversation," Weinstein said, according to ABC News. "She may not have been physically present, but she was electronically present."

Continue reading "New Jersey Teenager Sued for Texting Friend While He Drove, Causing Crash: Is She Responsible?" »

Proposed Missouri Legislation Expands Existing "Move Over" Law to Include Some MoDOT Vehicles

1042703_open_highway.jpgLast week, a panel of Missouri lawmakers approved an amended version of our state's "move over" law, sending SB 568 on to await votes in both the House and the Senate. The current version of the law (Section 304.022) requires drivers to yield the right of way, pull to the right and stop for moving emergency vehicles using sirens and/or red and blue lights. Additionally, under existing law, drivers must change lanes when approaching and passing non-moving emergency vehicles. SB 568 expands the "move over" statute to include protection for stationary Missouri Department of Transportation (MoDOT) vehicles with flashing white or amber lights.

Missouri State Senator Mike Parson, who sponsored the bill, says the expansion is of special significance. "The idea behind this bill is to protect both motorists and state employees on our sometimes dangerous roadways," Senator Parson said in a news release. "We already have laws which require drivers to slow down while driving through MoDOT construction zones, and we have a law that requires vehicles to slow down when approaching emergency vehicles. We need to give the same courtesy and respect to our transportation employees, who keep our roads safe and clear - a valuable and vital resource to our state."

SB 568 also broadens the definition of "emergency vehicle" to include "any vehicle owned by the commission and operated by a Department of Transportation employee that is marked as an emergency response or motorist assistance vehicle." Interestingly, the new law does not apply to MoDOT mowing vehicles, which will be out in increased numbers starting May 14, when roadside mowing projects are scheduled to begin throughout the state.

Even so, MoDOT officials urge drivers to be prepared to encounter mowing operations in the months ahead, and to approach these operations with extreme caution. Moving over for mowing operations may not be required by law, but it's certainly a smart, safe practice.

Marisa Brown-Ellison, information manager for MoDOT's Northeast District, concurs. "Obviously it's safer for them (motorists) to move over and just do so out of courtesy to give them a little bit of room," Brown-Ellison told the Hannibal Courier Post. "[But] if they don't have the white and amber lights flashing and they're not parked, then it's not a legal issue."

Drivers can expect to see MoDOT tractors and "follow trucks" on roadways from 7:30 a.m. to 4:00 p.m. Monday through Thursday (and on some Fridays in May) until late October, when the last of 3 mowing cycles is complete.

Continue reading "Proposed Missouri Legislation Expands Existing "Move Over" Law to Include Some MoDOT Vehicles" »

Freak Accident Causes Car's Gas Tank to Explode, Killing 3 Teens

868517_a_driver.jpgOn Thursday in Melbourne, Australia, a freak car accident caused a vehicle to burst into flames instantaneously, leaving 3 teenagers dead and investigators working to determine how and why such a thing occurred.

Witnesses reported seeing a Mercedes-Benz sedan fishtailing as it pulled off of a side street and onto Westgarth Road in Melbourne's inner north. Moments later, the vehicle ran off the road, struck a parked car, slammed into a tree, and wound up wedged in between a utility pole and a brick wall. The occupants were trapped inside.

The accident brought down several power lines, and also caused the Mercedes' gas tank to rupture and then ignite only moments later. Initially, police believed that the power lines had started the blaze, but they later determined that the fire was likely caused by engine heat or a spark from the car's battery. Within seconds, the occupants were incinerated.

It may be weeks before the victims are formally identified: the bodies were so badly burned that police will have to use dental records and DNA to make a definitive identification. However, they believe they know who the victims are: three young men, the 19 year-old driver and 2 friends, both age 18. In fact, the fire was so severe that police initially feared there was a 4th victim. It took a full day for them to confirm that there were only 3 people in the vehicle.

According to media reports, the driver was speeding at the time of the crash, but not excessively. Police continue to investigate what caused the Mercedes to fishtail, since that fishtailing was the catalyst for the accident. They will attempt to determine if the driver intentionally caused his tires to spin, or if he swerved to avoid an obstacle in the roadway and then lost traction in the rainy conditions. Police have already ruled out alcohol as a possible contributing factor.

Especially at this time of year, teen roadway safety is of paramount importance. Studies have shown that the coming summer months are the 100 deadliest days of the year for teen drivers. 9 of the 10 deadliest days for teens on our roadways are during the months of May through August, according to Mothers Against Drunk Driving (MADD). Parents are urged to speak with their teen drivers about the responsibility of safe driving and the consequences of making poor decisions behind the wheel.

Continue reading "Freak Accident Causes Car's Gas Tank to Explode, Killing 3 Teens" »

Republic Man Killed, Arkansas Police Chief Critically Injured in Separate Motorcycle Crashes Last Weekend

As the weather continues to warm, drivers in Springfield, Missouri and the surrounding areas can expect to see more and more motorcycles on the road. At this time of year, we would all do well to use extra caution: not only are motorcycle riders considerably harder to see than passenger vehicles, they're also considerably more vulnerable to serious injuries when auto collisions occur.

780445_no_destiny.jpgRecent Motorcycle Accident Headlines

Crash near Republic kills one, injures one

The Missouri Highway Patrol reports that 35 year-old Casey Jameson died on Saturday night after a pickup truck collided with his motorcycle. According to the crash report, Jameson ran a stop sign on Farm Road 156 near Republic and his bike was broadsided by the oncoming truck.

Jameson was pronounced dead at the scene. His passenger, 34 year-old Sheila Olmstead, was seriously injured: Olmstead was taken by ambulance to Cox South in Springfield. The pickup truck driver was not injured. As required by state law, that driver was tested for alcohol, but police do not believe that drinking played a role in the crash. Neither Jameson nor Olmstead were wearing helmets.

Lowell Police Chief In Critical Condition

On Friday night, Arkansas Police Chief Joe Landers suffered critical injuries in a motorcycle accident in Panama City, where he was attending a bike rally. According to the Florida Highway Patrol, a drunk driver pulled out in front of Landers' Harley, and the Chief was unable to avoid a collision. The Harley struck the vehicle, and Landers was ejected over the bike's handlebars.

The at-fault driver left the scene, but was later located and arrested: 52 year-old Jimmy John Cristo is now facing multiple charges, including fleeing the scene of a critical injury accident, possession of marijuana, and possession of drug paraphernalia. Additional charges are pending. "From speaking to the trooper, the gentleman pretty much confessed to drinking, confessed to causing the accident, confessed to leaving the scene," said Sergeant Paul Pillaro.

This evening, several motorcycle groups (including Florida law enforcement representatives) have planned a ride to honor Landers, who was described as an expert rider, and who regularly rode a motorcycle for the Lowell Police Department. Landers was not wearing a helmet at the time of the crash, although his colleagues say he wore a helmet without exception when he was on the job. (In Florida, there is no helmet law for riders over the age of 20.)

Continue reading "Republic Man Killed, Arkansas Police Chief Critically Injured in Separate Motorcycle Crashes Last Weekend" »

Iowa Mom Arrested for Drunk Driving After Teen Daughter Calls 911 From Car

1252046_beer_glass.jpgThe average drunk driver get behind the wheel an average of 80 times before their first arrest, according to Mothers Against Drunk Driving (MADD). It appears that an Iowa woman's luck recently ran out: she was arrested for driving drunk after her teen daughter - and her passenger - called the police. And then, just over four weeks later, she was arrested again.

On the evening of March 15 at about 8:10 p.m., a 911 dispatcher in Oxford, Iowa took a call from a frightened young woman. The teen was calling from a vehicle to report her mother for drunk driving.

On the recording of the call, the mother, 47 year-old Lori Ann Becicka, can be heard in the background, asking her daughter who she's calling. "Umm, I was talking to 911 because Dad said to call them," the girl responds. She repeatedly tells her mother to stop. The dispatcher tries to keep her calm: "You can leave the line open, hon, if you don't want to talk on the phone. If you want to act like you're hanging up, you can just leave it open and I can follow you," the dispatcher says.

Listen to the 911 recording.

Eventually, a sheriff's deputy located the vehicle. Becicka pulled into a trucking company's parking lot and immediately got out of the car, according to the official criminal complaint. The deputy noted that her eyes were watery and bloodshot, her speech was slurred, her balance was poor, and she smelled strongly of alcohol. She failed a field sobriety test, and her blood alcohol content (BAC) was 0.235%, nearly 3 times the legal limit.

View the March 15 criminal complaint.

At the scene, Becicka's daughter told the deputy that her mother had also been consuming alcohol while driving, and several open containers were found in the vehicle. Becicka was arrested for drunk driving and endangering the welfare of child.

Then, on April 25, Becicka was arrested again. Once again, she immediately got out of the car. Once again, the officer noted bloodshot eyes, slurred speech, and the strong smell of alcohol. Once again, empty beer cans were found inside Becicka's vehicle. And once again, she was arrested for drunk driving.

Continue reading "Iowa Mom Arrested for Drunk Driving After Teen Daughter Calls 911 From Car" »

Weekend Accidents in Missouri Work Zones Cause 1 Fatality, Multiple Injuries

file0002020719295.jpgHere in Springfield, our drivers are no strangers to work zones. In recent years, we've seen massive projects on heavily traveled roadways, including Highway 65, James River Freeway, Kansas Expressway and Campbell Avenue, just to name a few. While the end results have meant drastic improvements to traffic flow, the construction process can be frustrating to drivers. Unfortunately, it can also create an increased risk for car accidents.

Recent Accidents in Missouri Work Zones

April 19: Last Thursday, a chain reaction accident on Highway 6 near Novinger, MO caused minor injuries to 3 drivers - and major traffic headaches for several others. The Missouri Highway Patrol reports that two vehicles were stopped at the edge of the work zone, waiting to be flagged through a one-lane section of roadway. A third vehicle approaching the zone rear-ended the second car, causing it to strike the first car. All 3 drivers were taken by ambulance, treated at a local hospital, and released.

April 20: A driver was killed last Friday morning in the Interstate 270 work zone (between I-44 and Manchester Road, in St. Louis County). 37 year-old Ronald Schuh was traveling north when another vehicle changed lanes and struck his car. The force of the impact caused both vehicles to travel across all 4 lanes of traffic: Schuh's car was thrown into a rock bluff, where it overturned. The second vehicle eventually collided with a median wall and a parked Missouri Department of Transportation truck. Schuh was taken by ambulance, but he later died as a result of his injuries. The Highway Patrol's crash report does not list the second driver as being injured. Traffic was backed up for several hours after the accident.

Missouri Department of Transportation (MoDOT) to Host National Work Zone Week Event

As summer approaches, Missouri drivers can expect to see even more construction work zones on roadways throughout the state. According to KCTV 5, MoDOT is planning to begin construction on more than 800 Missouri bridges in the months ahead - almost every bridge in the state will see new construction. Safety practices in these areas, then, will be of the utmost concern to Missouri drivers.

Continue reading "Weekend Accidents in Missouri Work Zones Cause 1 Fatality, Multiple Injuries" »

Bolivar Teen Killed, 2 Ava Residents Seriously Injured in Separate Run-Off-Road Crashes Last Weekend

file0001093550825.jpgAccording to the National Highway Traffic Safety Administration (NHTSA), around 70% of fatal single-vehicle car accidents are ROR wrecks, meaning run-off-road. Over the weekend, 2 of these accidents happened right here in southern Missouri.

On Saturday evening, 17 year-old Jordan K. Farr was northbound on Morrisville Road when he ran off the roadway. According to the Missouri Highway Patrol, Farr's 2004 Mazda 6 struck a ditch, which caused the vehicle to flip and then overturn several times. Farr was taken to Citizens Memorial Hospital, but he was pronounced dead about an hour after the crash. He was not wearing a seat belt, according to the crash report.

Meanwhile, 3 people were injured (2 of them seriously) after a similar one-car accident in Douglas County. The driver in that accident - 21 year-old Ryan K. Swearingin - also ran off the road, and his 1999 Chevy S-10 also flipped over. Swearingin was ejected from the pickup and was one of the seriously injured occupants: he and his passenger, 17 year-old Shon Gossett, were flown to Cox South Hospital in Springfield. The pickup's other occupant, 15 year-old Misty David, suffered minor injuries and was also taken to Cox. No one in the truck was wearing a seatbelt.

On average, 1 in 5 car accidents are single-vehicle roadway crashes: Forbes.com reports that this kind of accident is even more dangerous than a head-on collision or a T-bone crash. A 2011 report from NHTSA's National Center for Statistics and Analysis presented the following data:

• In single-vehicle ROR crashes, the most prevalent causal factor was driver performance error (27.7%).

• The other common causes for these accidents are also directly linked to driver behaviors: 25.4% were caused by driver decision errors; 22.5% were caused by critical nonperformance errors; and 19.8% were caused by driver recognition errors.

• So, what causes drivers to make these mistakes? In single-vehicle ROR crashes involving passenger vehicles, NHTSA reports that 14.3% were caused by internal distraction; 13.6% were caused by overcompensation (or overcorrection); 12% were caused by poor directional control; 10.5% were caused by speed (traveling "too fast for curve"); and 9.8% were caused by drivers falling asleep.

Continue reading "Bolivar Teen Killed, 2 Ava Residents Seriously Injured in Separate Run-Off-Road Crashes Last Weekend" »

Purdy Teen Pleads Guilty to 1st Degree Involuntary Manslaughter, Faces 7 Years in Prison for Fatal DWI Accident

565345_drinking.jpgYesterday, a teenager from Purdy, Missouri pleaded guilty to first-degree involuntary manslaughter, and she is now facing up to 7 years in prison. The charges stem from a terrible car crash that happened 2 years ago on Missouri 76: Sierra Wood, now 19, was traveling near Cassville when she ran off the road and rolled her vehicle. Her passenger and friend, 17 year-old Jessica Pettengill, was killed. Afterward, she admitted she had been drinking. Wood was expected to stand trial beginning Wednesday morning, but instead, she decided to enter a guilty plea. She will be sentenced in June.

Meanwhile, the Missouri Highway Patrol recently announced that it will participate in additional enforcement initiatives aimed at catching drunk drivers throughout the month of April. Captain Juan Villanueva, Troop D's commanding officer, announced plans for a sobriety checkpoint in Stone County in addition to saturation efforts in Stone, Dallas and Lawrence Counties.

Our lawyers have discussed the differing opinions about the usefulness of law enforcement initiatives like these, but here in Greene County, they've proven to be reasonably effective. Over St. Patrick's Day weekend, the Springfield Police Department also conducted a sobriety checkpoint at Campbell Avenue and Meadowmere Street here in Springfield: by the end of the night, they had cited 10 drivers for driving under the influence. The Greene County Sheriff's Department cited 2 additional suspected drunk drivers on the same evening.

We all know that we shouldn't drink and drive because drunk drivers kill innocent people, including residents of Springfield and the surrounding areas. In 2010, 218 people were killed by drunk drivers in Missouri, meaning a fatal drinking related crash killed a Missourian every 2.2 hours. In that same year, an additional 3.823 people suffered injuries in accidents involving impaired drivers. All of these injuries and deaths could have been prevented.

Continue reading "Purdy Teen Pleads Guilty to 1st Degree Involuntary Manslaughter, Faces 7 Years in Prison for Fatal DWI Accident " »

Missouri Highway Patrol Seeks Information Regarding Fatal Hit & Run Accident: Willard Teen Killed

1028507_dark_skies_ii.jpgThe Missouri Highway Patrol is asking for the public's assistance regarding a tragic hit and run accident that killed 18 year-old Steeler Seaburn last Thursday night. Seaburn, a senior at Willard High School, was found lying on Farm Road 94 near Stick Horse Lane, and pronounced dead at the scene. According to the Patrol, an unknown vehicle was traveling north when it struck Seaburn, who was walking along the road. The accident occurred sometime between 11:30 p.m. Thursday and 2:30 a.m. Friday.

It is not known why Seaburn was walking on Farm Road 94: his car was found nearby with the flashers on and the driver's side door open. Initially, police believed that his vehicle had broken down, but it was found to be operational. Sgt. Jason Pace of the Missouri Highway Patrol says troopers are currently looking for anyone who might have seen anything near the accident scene: if you have any information, you can contact the Patrol at (417) 895-6868.

Seaburn was an active, popular student: he was a starting defensive back/ wide receiver for the Willard High School football team and an all-state wrestler. His wrestling coach, Kiiler Stephens, says that Seaburn was an exemplary athlete and team leader who always made people laugh. "He was the funniest human I've ever met," Stephens told the Springfield News Leader. "The kids loved him. He always had a smile at whatever he was doing."

The Willard School District was closed on Friday and remains closed today for the Easter holiday, but that didn't stop students from coming to campus to honor Seaburn, according to Willard Athletic Director Jeff Staley. "Steeler was an incredible young man who will never be forgotten. In these situations, kids rally around each other better than adults do sometimes," Staley said.

Continue reading "Missouri Highway Patrol Seeks Information Regarding Fatal Hit & Run Accident: Willard Teen Killed" »

Recent Motorcycle Accidents Cause Injuries, Fatalities in Webster County, Missouri & Throughout the Ozarks

file4651285361484.jpgOur Nixa, Missouri auto accident lawyers are amazed by the number of motorcycle accidents in the news in recent weeks. Consider these accidents (all of which occurred last weekend alone):

• Just after 6:00 p.m. on Saturday, 63 year-old John R. McAlister was traveling east on Highway 60 (4 miles east of Seymour) when he slowed to make a right turn. Subsequently, his 2005 Harley Davidson was rear-ended by a 2005 Mustang: McAlister and his passenger, 29 year-old Amy L. Daughtery, were both ejected from the motorcycle. McAlister was pronounced dead at the scene, while Daughtery sustained serious injuries and was air lifted to Cox South Hospital in Springfield.

The driver of the Mustang, 22 year-old Ty J. James, was not listed as injured on the Missouri Highway Patrol's crash report. James was tested for alcohol under the terms of Missouri law, and the crash remains under investigation.

• On Sunday evening, Arkansas football coach Bobby Petrino was injured in a motorcycle accident on Arkansas Highway 16, approximately 20 miles southeast of Fayetteville, on a stretch of roadway that is popular with local motorcycle enthusiasts. According to state police, Petrino's motorcycle ran off the road and crashed near Crosses, AR. No other vehicles were involved in the accident, reports a statement from Petrino's family. He has been hospitalized, but not much more is known about the accident at this time.

• Early Monday morning, a Springfield motorcyclist suffered serious injuries when he struck a guardrail on South Scenic Avenue, under the old railroad overpass near South Creek. He was knocked unconscious and was taken by ambulance with serious injuries. The guard rail was installed about a year ago because so many accidents happen in that location.

According to the Missouri Highway Patrol, there are more than 138,900 registered motorcycles in our state, and more than 326,300 licensed motorcyclists. In the current economy, motorcycles are especially popular: they can be purchased for a relatively low initial cost; their fuel efficiency is high; and, as an added bonus, many people enjoy riding motorcycles as a form of recreation. The down side: motorcyclists are considerably more vulnerable to car accident injuries than the occupants of closed vehicles, like passenger cars and trucks.

Continue reading "Recent Motorcycle Accidents Cause Injuries, Fatalities in Webster County, Missouri & Throughout the Ozarks" »

Stone County Pedestrian, Age 5, Suffers Fatal Injuries After Being Struck by SUV

file000147360202.jpgOur Springfield, Missouri car accident lawyers were saddened to hear about the death of a young girl in Stone County who ran in front of an oncoming vehicle. It happened on Saturday night, north of Cape Fair. Family members of 5 year-old Sahara Blevins say that the little girl ran down their driveway, which declines steeply into State Highway 173: they speculate that Sahara may have been going too fast to stop herself before darting into the roadway. Sahara, who was deaf, would not have heard a vehicle approaching, nor could she have seen it, because of a blind spot on that section of the highway. She was struck by Jeep Cherokee pulling a utility trailer.

Read the Missouri Highway Patrol's official crash report.

Sahara was airlifted to Mercy Hospital in Springfield, but she ultimately died as a result of her injuries. The driver and his passenger were not injured. As is required by Missouri law, law enforcement officials tested the driver for alcohol, but they do not believe alcohol was a factor in the accident. "Right over the top at a hill is a blind spot, a bad spot, and the driver...had nothing he could do," according to Lieutenant Bob Ramsell of the Southern Stone County Fire Protection District. "He did everything he could to avoid her."

Warm, comfortable temperatures have come early to the Ozarks this year: motorists can expect to see children outside shooting baskets, or riding bikes, or simply playing with their friends. We urge drivers to exercise extreme caution by driving defensively and keeping a constant lookout. It only takes a moment for a child to run into the street, chasing a stray ball; or to fall into your path after crashing his or her bike. Slow down, especially in residential areas. And always be prepared to stop.

1027562_slow_down_please_here_live_the_people.jpgChildren as Pedestrians & Car Accidents: The Facts

• In 2009, an estimated 13,000 children ages 15 and under were injured as pedestrians in vehicle collisions, while 1/5 (19%) of all children between the ages of 5 and 9 who were killed in car accidents were pedestrians.

• Of child pedestrian fatalities, 74% occur at non-intersection locations, and 42% occur between 4:00 p.m. and 7:59 p.m.

• A staggering number of child pedestrians are injured in their own driveways. Of non-fatal back-over injuries in children as pedestrians, 50% occur at home, and 4 out of 5 injured were ages 4 or under.

Continue reading "Stone County Pedestrian, Age 5, Suffers Fatal Injuries After Being Struck by SUV" »

"No Refusal" DWI Law Showing Signs of Success in Christian County, Missouri

685439_police_5.jpgIn 2010, there were 208 fatal crashes on Missouri roadways that were caused by drunk drivers. An additional 2,642 drunk driving accidents left 3,823 Missourians injured during the same year. Recently, we reported that several law enforcement agencies participated in a statewide effort to curb drunk driving over St. Patrick's weekend. And this weekend, the Springfield News-Leader discussed the effects of Christian County's "no refusal" law, which is designed to help officers identify impaired drivers.

A "no refusal" law is designed to compel drunk drivers to submit to sobriety tests. If a suspected drunk driver refuses to take a breathalyzer in Christian County, police can seek a warrant for a blood test (to be administered immediately). The process works like this: when a driver refuses, an officer then contacts the on-call Christian County prosecutor. If the prosecutor believes there is enough evidence (probable cause), he or she will then contact a judge. The judge reviews the information and issues the warrant, and an emergency medical technician is dispatched to the Christian County jail to take a blood sample.

It's been a year since the law took effect, and, according to the News-Leader, "prosecutors have succeeded in obtaining breathalyzer tests or blood samples from 25 of the 31 drivers suspected of DWI who refused to be tested" in Christian County.

Assistant Prosecutor Ben Miller said the policy has equipped law enforcement with a very important tool. "Over the past few years we, and prosecutors around the state, have begun to see a trend in DWI cases: people (whether they be judges or jurors) want to see that 'magic' number in regards to a person's BAC," Miller said in an email to the News-Leader. "This is an extension of what most prosecutors call the 'CSI effect'...where people are so trained by what they see on TV, from what they hear from friends, and what they expect from a society that is big on technology that they absolutely expect physical scientific evidence because they can even consider guilt in a case."

Continue reading ""No Refusal" DWI Law Showing Signs of Success in Christian County, Missouri" »

Missouri Collisions Between Cars & Pedestrians Commonly Cause Serious Injuries, Fatalities

175765_cross_walk.jpgAs a pedestrian, being struck by an automobile can be a traumatic experience. Serious injuries and death are often the result of Missouri car/pedestrian accidents: you can be seriously injured or even disabled if you are hit by a car traveling at just 10 miles per hour. The faster the car is going, the greater the chances of critical or even fatal injuries. Our Nixa, Missouri car accident lawyers want to remind both drivers and pedestrians to be cautious of each other throughout the warm spring months ahead.

Here are a few statistics related to collisions between pedestrians and automobiles, courtesy of the Insurance Institute for Highway Safety (IIHS):

• In 2010, 4,280 pedestrians were killed in traffic crashes in the United States.
• There were 59,000 pedestrians injured in traffic crashes in 2009.
• On average, a pedestrian is killed in a traffic crash every 120 minutes and injured in a traffic crash every 8 minutes.

What Do I Do Immediately After a Missouri Car/Pedestrian Accident?

If you have been hit by a car, truck, or motorcycle, do not move until you are sure you are not seriously injured. Often, the shock and adrenaline that follow an accident make it difficult for victims to realize how badly they're hurt. You will need to be assessed by a professional emergency medical technician, which means that you may need to wait as calmly as possible for help. If you can move and you are still in danger due to oncoming traffic, move to the side of the road and make sure someone has called 911.

If you have a cell phone, and you're physically able, take pictures of the scene and your injuries. Also, when possible, make notes of the road, weather, and traffic conditions. We recommend that you contact a personal injury attorney as soon as is reasonably possible, so that witnesses and evidence can be located quickly.

Continue reading "Missouri Collisions Between Cars & Pedestrians Commonly Cause Serious Injuries, Fatalities" »

Good Samaritans Rescue Occupants from Burning Car in Stone County, Missouri

fire-IMG_3721.jpgOur Branson, Missouri car accident lawyers were amazed to hear about the bravery of 3 bystanders following a terrible crash last Sunday. It happened on Highway 86 in Stone County just before 4:00 p.m.: according to the Missouri Highway Patrol, 30 year-old Mystery Anderson was traveling north when she failed to negotiate a curve. Her 2005 Kia Optima ran off the road, smashed into a culvert, and flipped over in the air. When the vehicle hit the ground, it burst into flames. One of the occupants - a 12 year-old girl riding in the backseat - was able to free herself from the vehicle. However, Anderson and another passenger (22 year-old Jaylin Blackbear) were trapped inside.

Thank goodness for the kindness of strangers: Matthew Sams and Dennis Margritz were passing by and witnessed the accident and its aftermath. Margritz tried to use a fire extinguisher, but the fire had already grown too large. Instead, incredibly, the 2 men worked together and pulled Blackbear to safety,

However, the car continued to burn, and Anderson remained pinned between her seat and the steering wheel. At that point - when the flames were nearly 10 feet high - a third bystander, Brent Arnold, ran to help. Through their combined efforts, they were able to drag Anderson from the car: in the end, the men were forced to lift Anderson over the front seat and pull her through the back door. "We ended up having to rip pieces from the door, just rip them out to get us enough room so that we could reach in to get the seat released," said Sams in an interview with KY3 News.

All 3 occupants of the Kia sustained serious injuries and were taken to Mercy Hospital in Springfield. As of Monday, Anderson's condition had been upgraded to fair. Emergency responders say that the courageous actions of those 3 passersby most likely saved her life: the vehicle was fully engulfed in flames by the time fire trucks arrived on the scene.

"They truly are heroes," said Eric Nielson, Public Information Officer for the Southern Stone County Fire Protection District. "They said they weren't heroes but if they would not have been there the outcome would have been different." A news release from Southern Stone County Fire concurs: "These three individuals acted in a heroic way. The driver would have most likely sustained fatal injuries without their brave rescue."

Continue reading "Good Samaritans Rescue Occupants from Burning Car in Stone County, Missouri" »

Weekend Checkpoints in Springfield, Missouri Result in DWI Arrests

Thumbnail image for Sequence 02_27795 copy.jpgLast week, we reported that multiple Missouri law enforcement agencies would participate in statewide DWI prevention efforts over St. Pat's weekend. Today, our Greene County car accident lawyers learned that the Springfield Police Department's contribution to this initiative was a success.


About 20-25 officers from the SPD conducted a DWI checkpoint last Friday night at the intersection of South Campbell Avenue and West Meadowmere Street. As a result, they made several arrests:

• 10 drivers were arrested on suspicion of driving under the influence.
• 4 drivers were arrested for possession of drugs.
• 1 driver was arrested for an outstanding warrant.
• 8 drivers were cited for driving with a suspended license.

At the same time, the Greene County Sheriff's Department conducted its own checkpoint at South Campbell Avenue and Farm Road 192: deputies arrested 2 drivers for DWI, and 11 drivers for assorted violations, including drugs and driving without a valid license.

Sheriff Jim Arnott called the effort a success, and praised his team for their initiative. "These projects could not happen without so many employees volunteering to work overtime hours to help keep the Greene County roadways safe for all of us," Arnott said.

How does a checkpoint work?
In a recent news release, the SPD described the basic method that officers use to conduct sobriety checkpoints:

• Approaching traffic is divided into 2 lanes and directed to stop at a specific point.
• A police officer will speak to each driver and ask for a valid driver's license.
• The officer will also ask each driver if he or she has been drinking.
• Provided the driver is properly licensed and sober, he or she will be waved through the checkpoint, and should not be detained for any longer than 3 minutes.

Continue reading "Weekend Checkpoints in Springfield, Missouri Result in DWI Arrests" »