St. Louis Injury Attorney Blog

Winter driving in Missouri is often unpredictable, and car and vehicle accidents can occur when precautions are not taken. Serious personal injury or even death can occur unless drivers either avoid driving altogether is unsafe winter conditions, or take serious precautions when doing so.

The Missouri Department of Transportation offers these tips to help drivers in the winter.

Continue reading "Missourians should use caution when driving in winter to avoid auto accidents" »

Missourians are approaching the Fourth of July Holiday weekend, and everyone at Ponder Zimmermann hopes that everyone enjoys an accident-free weekend. Higher levels of traffic can lead to auto accidents, and boating safety is extremely important as thousands of Missourians head to this state's rivers and lakes. The Missouri Highway Patrol issued this statement concerning boating safety. St. Louis and the surrounding areas have experienced a lot of high water and flooding this spring and summer, so it is especially important to be cautious this summer while having fun on the water.

Another safety concern over the holiday weekend is firework safety. The U.S. Consumer Product Safety Commission issued these warnings concerning firework safety.

Missouri winter weather, including snow, ice, and wind, can make driving very dangerous and increase a driver's chance of being involved in an automobile accident. The Missouri Department of Transportation gives drivers many safety tips to lower their chances of an auto accident in the winter, although many of these tips are relevant year-round.

Holiday driving brings more drivers to Missouri's roads, and the Missouri Highway Patrol has released its report for the 2010 Christmas and New Year's holidays.

Two Missouri men started the new year off with a bang when they were involved in a car accident whereby the car they were driving slipped off the Earth City Expressway and landed in a pond on Monday morning. Neither of the men were hurt, and both made it to shore. The police say the driver may have been going too fast.

Last week a St. Louis County jury returned a $75,000 verdict for the plaintiff in a personal injury lawsuit arising out an auto accident. The car accident occurred in April, 2007. The plaintiff, Valjean Lewis, was traveling in a taxi when the driver turned left at an intersection and was struck by an oncoming vehicle. The plaintiff's attorney, Amanda Murphy, argued the driver did not have the right of way to turn left, as there was not a green arrow, which was required at that intersection. The taxi driver was not present at the trial.

A Sunset Hills, Missouri woman, police officer Christine Miller, was involved in a deadly car accident in March 2009 that left 4 people dead. She faces criminal charges based on the accident. Miller had been drinking when she drove in the opposite direction of traffic, hitting another car head-on. She faces 4 counts of involuntary manslaughter and one count of 2nd degree assault, and she is expected to plead guilty today in St. Louis County Circuit Court.

Miller had previously been involved in a wrongful death case stemming from the accident, which settled earlier this year. For more on this story, click here.

A St. Louis jury recently returned a verdict for $3,000,000 in favor of the plaintiff in a car accident case. The case was brought by Alnita Smiley against the City of St. Louis. Smiley alleged that a city truck turned in front of her causing her to swerve her vehicle and strike several parked cars. She further alleged that she suffered severe and permanent injuries in the accident, including a head injury, broken ribs, and several broken vertebrae. The City's attorney has filed a motion seeking a reduction of the verdict.

A St. Charles, Missouri driver who suffered from severe pelvis and knee fractures as a result of an auto accident has settled with the other driver for $1.15 million. Marilyn Leach was driving along the road in St. Charles when she was hit head-on by 17-year old Cody Bernat, who was driving 50 mph in a 25 mph zone. Bernat and his friends were not seriously injured, but Leach was seriously injured, as her lower body was flattened beneath the dashboard and her upper body hit her steering wheel so hard the steering wheel broke it in two. Bernat had crossed the center line, and received a ticket for the accident.

After multiple surgeries, Leach's injuries require that she now walk with a cane. She was an assistant manager in a fast food restaurant, but can no longer work. Bernat was covered under his father's $1 million umbrella policy. Leach did not have health insurance at the time of the accident.

Continue reading "St. Charles Missouri woman injured in car crash settles for $1.15 million" »

A St. Louis jury awarded Philip Simms $100,000 for his personal injuries he sustained in a vehicle crash in St. Charles County. Simms suffered small fractures in his neck as a result of the rear end crash. He settled with the other driver's insurance company, then sued his own insurance company to recover under his underinsured policy. The case was tried in the United States District Court for the Eastern District of Missouri.

Simms had to wear a neck brace for months, and eventually the many fractures healed without surgery. The judge reduced the jury award amount by the $50,000 the other driver's insurance paid, and the $5,000 already paid by Simms's insurer, Progressive. According to testimony, the other driver was drunk when he rear ended Simms. However, Simms also admitted have 2 beers earlier in the day.

A Jefferson County, Missouri youth settled a personal injury lawsuit against a utility company whose truck struck the young runner while he was running along the side of the road. The auto/pedestrian accident happened in June 2009. The truck struck the student while he was running, dragging him along, which resulted in serious personal injuries in the runner's feet, ripping tendons and flesh from his right foot. The driver then drove away, although he did eventually turn around and return to the scene of the accident. Allegedly, the driver then drove the runner to his parent's house where the driver then lied about what happened.

The young runner settled the case for $1 million dollars. He is no longer able to run competitively, and lost any chance he had at obtaining a college scholarship based on running. He was in the hospital for 2 weeks after the accident.

Missouri traffic accidents involving pedestrians are especially dangerous and can be deadly. A pedestrian does not have the added safety of being within a protective shell of a vehicle, and a human body does not stand much of a chance against a moving vehicle of any size. This also includes persons who are riding bicycles on Missouri roadways. Missouri drivers should take care to watch for pedestrians and cyclers when driving.

In the St. Louis news today, a child pedestrian was struck by a school bus within the city of St. Louis. Thankfully the child survived, but not all children are so fortunate. Children pedestrians are often even more difficult for drivers to see, so take extra caution and care when driving near areas where children might be, like near playgrounds and schools.

Continue reading "Traffic accidents involving pedestrians require attention from both drivers and pedestrians to be avoided" »

A Rolla, Missouri woman was awarded $150,000 from a jury for her husband's wrongful death stemming from an auto accident. Majdi Najm was driving with his wife, Shahla Keyvan, when they were struck by a pick up truck driven by a 17 year old. Najm died instantly. The driver of the truck who struck their car was charged with failure to yield, and fined $150 in municipal court.

Both the driver and her father were named as defendants in the law suit. The father was named, because he allegedly allowed his daughter to drive to school with messages painted on her windows, which obstructed her view. However, the jury found in favor of the father, but against the daughter.

Missouri allows for a spouse to bring a wrongful death action under RSMo. 537.080.

Missouri seat belt use went down in 2010 compared to 2009. Missouri vehicle drivers and passengers are already buckling up less than other states, 76% in 2010 compared to the 84% national average. This is based on a study conducted by the Missouri Department of Transportation of observations of drivers conducted in both rural areas and metropolitan areas like St. Louis.

According to 2008 automobile crash statistics, 67% of persons who died in a Missouri car accident were not wearing a seat belt. Not wearing a seat belt greatly increases the risk that you can be ejected from your car during an accident, or that you will crash into the steering wheel, windshield, or dashboard.

Continue reading "Missouri auto accidents more likely to result in death if seat belts are not worn" »

In February, 2008 a teenage brother and sister were involved in an auto accident with an intoxicated driver. Shortly before the accident, the drunk driver had been drinking beer at a local Kansas City restaurant. His blood was drawn after the accident, and his blood alcohol content was beyond the legal limit. Both teenagers suffered severe injuries in the accident. The young man's medical specials totaled $115,000, and the young woman's totaled $150,000.

The brother and sister brought a personal injury action against the restaurant in Jackson County, Missouri, based on an alleged violation of Missouri's dram shop law. The plaintiffs claimed the restaurant knew the man was intoxicated before he left. They further claimed the restaurant failed to have precautionary policies in place regarding the safe administration and service of alcohol by its employees. The case settled for $4,000,000. The identity of the parties was not released due to the confidentiality terms of the settlement.

Ford recalled 575,000 of its Ford Windstar Vans because of a risk that the rear axles could corrode and break, causing serious auto accidents that could potentially result in personal injuries or even death.

The recall affects vans sold from 1998 until 2003, and covers areas where road salts are in heavier use, like northern states and the east coast. Missouri is included as a state where the vans have been recalled. There have been 234 complaints of axle problems in Ford Windstar vans, and at least two reports of accidents relating to a broken axle.

Ford would be notifying owners of the recall by mail beginning in late September, and the van can be fixed at no cost to the owner.