St. Louis Injury Law Journal : St. Louis Personal Injury Lawyer & Attorney : Aaron Farmer Law Firm : Car Accidents, Medical Malpractice : Missouri, Jefferson County

The Springfield Injury Law Blog recently addressed Missouri’s new ban on texting while driving. Attorney Jason Krebs highlighted some new public safety announcements by the Missouri Coalition for Roadway Safety designed to focus attention on the deadly consequences of driving while texting. Mr. Krebs also noted that:

Studies by the American Medical Associationshow texting drivers spend 400% more time with their eyes off the road than non-texting drivers. While it doesn't take a statistician to realize that when one's eyes aren't on the road, it is much easier to cause an accident, the American Automobile Association estimates thattexting while driving increases the chance for a car accident by 50%--for any age driver.

While the Missouri ban on texting only applies to drivers under 21 years of age, its impact will likely still be felt. In a previous St. Louis Injury Law Journal article I cited a joint survey conducted by AAA and Seventeen magazine of 1,000 teenagers in 2007 showing that 61 percent admitted to risky driving habits. Of those, about half said they sent text messages and talked on cell phones. Hopefully the ban on texting will serve to halt these deadly statistics.

One of the elements that must be proved to be successful in a Missouri car accident case is breach of duty. One of the ways this may be proved is through “negligence per se” which means a defendant violated a statute that was designed to protect the injured party from being hurt in the car accident. Under Missouri’s new texting ban, proof that a driver under 21 was texting on or around the time of a car wreck may be used to prove breach of duty. Perhaps the legislature will eventually apply the texting ban to all drivers in Missouri to protect us from everyone who puts others at risk by texting while driving.

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Red-light cameras are put up to take a picture of a car’s license plate if the driver runs a red light. These cameras are popping up in Missouri cities like wildfire as officials theorize that if drivers know they’re being watched, they’ll be less likely to run the lights. Most municipalities point to research from the Insurance Institute for Highway Safety claiming that red-light cameras improve motorist safety. But do they work? Or is it just another way for struggling municipalities to make more money from Missouri traffic tickets?

A recent study at the University of South Florida concludes that red-light cameras significantly increase auto accidents. “Instead, they increase crashes and injuries as drivers attempt to abruptly stop at camera intersections,” said lead author Barbara Langland-Orban, professor and chair of health policy and management at the USF College of Public Health. The report cites other major research projects including comprehensive studies from North Carolina, Virginia, and Ontario, all of which reported cameras are significantly associated with increases in auto accidents, as well as accidents involving injuries. A study by the Virginia Transportation Research Council also found that cameras were linked to increased crash costs.

The project also concluded that other studies claiming that red-light cameras reduced the frequency of crashes or injuries contained major “research design flaws,” such as incomplete data or inadequate analyses, and were conducted by researchers with links to the Insurance Institute for Highway Safety. The IIHS, funded by automobile insurance companies, is the leading advocate for red-light cameras.

Langland-Orban also cites a 2001 paper by the Office of the Majority Leader, U.S. House of Representatives, reporting that red-light cameras are “a hidden tax levied on motorists.” The report concluded cameras are associated with increased crashes, the timings at yellow lights are often set too short to increase tickets for red-light running, and most research concluding cameras are effective was conducted by one researcher from the IIHS. Since then, studies independent of the automobile insurance industry continue to find cameras are associated with large increases in auto collisions.

In fact, Union City, CA, Dallas and Lubbock, TX, Nashville and Chattanooga, TN, and Springfield, MO, have all been found guilty of shortening the yellow light cycles below what is allowed by law on intersections equipped with red-light cameras. Those local governments appear to be more interested in collecting ticket revenue than increasing motorist safety.

As an experienced Missouri auto accident lawyer, it is my hope that our local red-light camera systems are focusing on motorist safety and not money. Running a red light is a serious issue, and is an example of reckless driving, which is a form of negligence that can lead to serious injury and even wrongful death of innocent people. After reading these studies it appears that lengthening yellow lights, whether coupled with red-light cameras or not, would be much more effective at reducing the occurrence of Missouri auto accidents around red lights.

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Drunk drivers causing accidents can face both criminal and civil charges for their actions. In Missouri, anyone harmed in an auto collision caused by the negligence of another can sue to recover for pain and suffering, medical expenses, lost wages, and other damages.   If a drunk driving accident results in a fatality, the family or estate of the deceased victim may pursue a wrongful death claim against the drunk driver. The St. Louis metropolitan area has recently seen a spike in drunk driving auto collisions.

Under Missouri law, drivers owe the highest duty of care to other motorists. This means that if you are driving on a publicly maintained road, you must drive very carefully the same way a prudent person would in the same or similar circumstances.   A drunk driving accident is not only against the law, a very careful driver would never drink and drive. Drinking and driving clearly violates this standard of driving. If a driver violates this duty of care and causes damages, a negligence lawsuit may be filed to put the injury victim back in the place they would have been prior to the drunk driving collision.

In some cases, an additional party may be added to the lawsuit. In many states, businesses that provide alcohol to an intoxicated person who subsequently causes a drunk driving accident are subject to liability under Dram Shop liability. The business must knowingly provide alcohol to a visibly intoxicated person to be held accountable for their actions. 

Unfortunately, drunk driving accidents are becoming more common in Missouri. In many drunk driving collisions immediate steps must be taken adequately to preserve evidence. If you or a loved one has been injured by a drunk driver, protect yourself by consulting with an experienced Missouri accident lawyer as soon as possible.

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Confused about when you can make a left turn at a stop light? The St. Louis Post-Dispatch reports that flashing yellow arrows will replace that standard green light at many left turn lanes in the St. Louis area. To some this comes as no surprise. The Missouri Department of Transportation has been experimenting with these lights along Olive Boulevard since 2006. According to the Federal Highway Administration the signals increase safety. Motorists are more likely to yield when turning at a blinking yellow arrow than at a steady green light.

When the yellow arrows started appearing on Olive Boulevard, several low-speed car crashes occurred at the intersections. Several motorists reported being confused about what the yellow arrow meant. MoDOT will be launching a public education campaign on the blinking yellow arrow in the future. Expect to see the blinking arrows at the busiest intersections throughout the metro area first. MoDOT has not yet announced where the blinking arrows will appear.

Auto accidents at busy intersections can be particularly dangerous. These intersections can produce high and low impact collisions where motorists are at risk for all types of injuries including whiplash, neck pain, hyperextension, hyper flexion, back pain, and many others. If you have been injured in a Missouri car accident seek immediate medical attention, and contact an experienced Missouri accident lawyer as soon as possible.

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Many people suffer whiplash injuries as a result of a rear-end car accident. During this type of wreck, the head of anyone in the vehicle that was rear-ended is forcefully jolted back, and then forward, causing damage to the structure of both the front and the back of the neck. This kind of violent movement can lead to extreme stretching, compression and shifting of structures in the spine, ligaments, muscles, and nerve tissues, especially if twisting also occurs. Driving speed during a rear end auto accident does not determine the severity of a whiplash injury. Rather, the force at which the back and neck are jolted determines the severity of a whiplash injury. Many whiplash victims do not seek immediate medical treatment because they only feel shaken up and do not believe medical attention is necessary.

The movement of the spine is guided by neck vertebrae that are made of posterior joints called facets that link each vertebrae. The discs linking the bodies of vertebrae together are composed of a dense cartilage that covers a soft material in the center. These discs act as shock absorbers and spacers between the vertebrae. In a canal positioned between the body and facets of the vertebrae is the spinal cord. Spinal nerves leave the spine between the vertebrae and supply energy to the muscles and organs of the body. The nerves that exit from the neck are responsible for the entire upper extremity including the shoulder, elbow and hand, as well as structures of the head and neck.

Even at low speeds, the amount of force placed on the spinal cord in a rear-end car accident can be very strong and can cause damage to the ligaments, muscles, facet joints, discs, and spinal nerves. In additional to neck pain and immobility, symptoms of whiplash include headaches, nausea, vertigo, arm and shoulder pain, and tingling in the hands and fingers. Rear-end auto accident victims should get an x-ray as soon as possible to rule out the possibility of a fracture. However, in most cases whiplash injuries are mainly to soft tissues and joints.

If you have been injured in a rear-end auto accident seek medical attention immediately and consult an experienced Missouri Car Wreck Lawyer to ensure you receive all the compensation you are entitled to.

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The Illinois State Legislature recently made it illegal to text message while driving. A person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message. HB71 becomes effective July 1, 2009. The bill makes texting a moving violation under the traffic code, and drivers caught texting while driving a third time can lose their license and be sentencing to up to 30 days in jail. ``It’s a huge distraction and we need to stop it,’’ the sponsor, state Rep. John D’Amico, D-Chicago, said in floor debate. ``When you’re text messaging (while driving), you’re taking the lives of others into your hands.’’

Cell phone use while driving has become a hot topic throughout the country over the past few years. Missouri currently has three measures proposed that would make various uses of cell phones a traffic violation. Proponents of the ban on cell phone use often cite public safety concerns related to the increase in traffic deaths caused by cell phone use. The movement continues to create momentum even though other driving distractions such as reading a book, inattention, singing, and dancing remain unregulated.

If Missouri passes restrictions on cell phone use it will be interesting how the new law will be enforced. Will officers begin checking the call/text log of phones present in every car they stop for routine traffic violations? Will police officer’s be able to stop vehicles because they see a cell phone in use? Will the officers start using this as justification to stop certain types of vehicles/persons they would not otherwise be able to detain? This continues to be an interesting topic.
 

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The Missouri Highway Patrol recently reported that Brandon Peterson, 20 of Phoenix, Arizona, was killed in a fatal auto collision on Interstate 55. Peterson had been traveling northbound in the southbound lanes until his 1988 Honda Accord struck a semi truck head on. The collision occurred around 3:00 a.m. on March 27, 2009, and kept portions of the highway shut until 6:00 a.m. The semi driver reported he swerved into another lane to avoid the collision, but the Honda swerved in the same direction he did.

This is no doubt a horrible crash, which could have turned out a lot worse. The semi driver could easily have been injured as well as anyone else traveling on Interstate 55. My heart goes out to the family and friends of Brandon Peterson, for their tragic and heartbreaking loss.
 

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The St. Louis metro area has recently been devastated by several deaths resulting from drunk driving accidents. Robert Wood of Wright City, Missouri, was killed when his car was rear-ended on Interstate 70 near O’Fallon, Missouri. The man who hit Wood, Chad Frazer, was charged with involuntary manslaughter and leaving the scene of an accident. The Missouri Highway Patrol indicated that Frazer’s blood alcohol level was over three times the limit at 0.27.

Reports indicate that Wood was traveling eastbound in the right lane on I-70 in a 1990 Mercury Topaz. Frazer was also traveling eastbound in a 1991 Ford Mustang when he came up behind a tractor trailer. Frazer attempted to pass on the right and rear-ended Wood’s car sending it off the right side of the highway. Frazer’s car veered to left and came to rest along the median. Frazer was reportedly traveling at speeds in excess of 100 mph when he hit Wood’s car. Wood was pronounced dead at the scene. Frazer was taken to St. Joseph’s Health Center with moderate injuries.

Tawanda Jackson, Arnold Jackson, and Jon Moss were also recently killed in a fatal crash near Edwardsville, Illinois, on Route 255 about 1½ miles north of I-270. The other driver, Newton Keene, was drunk and driving without a license when he drove the wrong way on Illinois 255, crashing into Jackson’s car.

Keene had six previous drunk driving convictions in Illinois and Missouri, as well as two convictions for driving without a valid license. Keene had also been pulled over three times for driving on the wrong side of the road while drunk. Despite all of this, he had never served more than 120 days in jail.

Lindsey Arnold-Zimmer, who was five months pregnant, and her husband, Adam Zimmer, 26, both of Granite City, were killed in a crash on Route 111. Zimmer was a special education teacher, and Arnold-Zimmer was a finance manager for a car dealer. Donald W. Canterbery was driving drunk in his Chevrolet Corvette on Route 111 near Fairmont City when he rear-ended the couple's vehicle, sending it into the path of an oncoming pickup whose driver, prosecutors said, also may have been intoxicated.

The National Highway Traffic Safety Administration estimates that over 17,500 Americans are killed each year in car collisions related to drinking and driving. If you or someone that you love has been the victim of a car accident where drunk driving was involved, you may be able to file a civil action against the driver that hit you. There may also be a third or additional party to the claim. Additional parties typically include establishments that may have provided or sold alcohol to the individual that caused the accident. In some cases, this may even include a neighbor or friend that allowed the individual to leave the premises with a vehicle under the influence of alcohol. The law specifies that the person in the third party claim must have knowingly provided the alcoholic beverages to an individual that was visibly intoxicated and allowed that intoxicated person to leave in a car.

An injury claim involving a drunk driver can be very emotional. Everyone expects to be safe from drunk drivers even though many people know of at least one person that regularly drives drunk. The St. Louis Post Dispatch has called for harsher sentences from the Courts, and more leeway for police officer’s. While these options must be explored, our society should be facing these tragedies in a more direct way. When did we decide that drinking and driving was acceptable? It happens every day in every bar in this City. Please let these recent deaths be a wakeup call to us all that drinking and driving is not socially acceptable. Our attitude as a City can halt these deaths much quicker than the Courts, the police, or the legislature ever can.
 

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After two years of fruitless attempts, the movement to outlaw hand-held use of cell phones on Missouri roads is begging to pick up momentum. Five bills were filed in the General Assembly that would impose a $20 first-time fine and a $50 fine each time thereafter for those caught talking on a cell phone without a hands-free device, as well as for text messaging while the vehicle is in drive. Many observers believe the pair of fatal high-profile cell phone related traffic accidents in the past year, has brought this issue front and center.

In July of last year, news reports stated that truck driver Jeffrey R. Knight was distracted by a text message he was reading when he drove his tractor-trailer into 10 cars backed up on Interstate 64 near Chesterfield, killing three people and injuring 15 more. He was not charged with a crime.

A toddler died in a separate incident on Jan. 3 in Franklin County. According to news reports at the time, the child and his father were on an all-terrain vehicle when the father looked down to check a text message. The father fell off, but the toddler remained aboard as the out-of-control vehicle careened into a tree.

"Between those situations and just watching people text and watching how people are distracted by cell phones when they don't have both their hands on the wheel, it just kind of drives me crazy," Representative Joe Fallert said. "I know we can't legislate everything, but we can raise awareness that it is not safe."

Five states, Washington, D.C., and the Virgin Islands have mandated hands-free cell phone usage while operating a motor vehicle, and seven states and D.C. have banned text messaging while driving.

At least eight different studies demonstrate that cell phone use impairs driving. Recently, the National Safety County (NSC) called for states to ban drivers from using hand-held and hands-free cell phones while driving. Among those backing the proposal are members of the law enforcement community. “We cannot come out and support any specific legislation but we are certainly for any type of legislation that promotes safety on our highways,” said Sgt. Brent Bernhardt, communications officer for the Missouri State Highway Patrol’s Troop B. “When you look at all the traffic crashes that we investigate, most traffic crashes are caused by what we term ‘inattention.’ Anytime that you perform any task while you’re driving, even as minor as it may seen and as easy as it might seem on its own, whether it’s talking on a cell phone, whether it’s looking for a CD to put in your CD player, reading a map, or bending down to pick up something that’s dropped on the floor, all those simple things can be an unsafe driving practice. Our thought is we want to do everything we can to make sure that people are paying attention when they’re driving.”

A joint survey conducted by AAA and Seventeen magazine of 1,000 teenagers in 2007 showed 61 percent admitted to risky driving habits. Of those, about half said they sent text messages and talked on cell phones.

If this legislative initiative passes it would strengthen the value of evidence that cell phone usage contributed to an auto collision. One of the elements that must be proved to be successful in a car accident case is breach of duty. One of the ways this may be proved is through “negligence per se” which means a defendant violated a statute that was designed to protect the injured party from being hurt in a car accident. Without the statute, proof that cell phone use caused an accident may only be considered as a factor when determining whether the defendant exposed the injured party to an unreasonable harm. This legislation would make breach of duty virtually automatic when cell phone use causes an accident.
 

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Parts of northbound 55 were closed near Lindbergh around 10:00 p.m. on February 9, 2009. Crash reports indicate that Randall Vinson of St. Louis, Missouri, lost control of his 1997 International Tow Truck. The vehicle being towed quickly came loose in the roadway. The empty car was then hit by Ivan Ivanov and followed by Nicole Roberts. Shortly thereafter James O’neal rear-ended Ms. Roberts’ vehicle, as Joel Corman rear-ended Mr. Ivanov. Luckily Mr. O’neal was the only driver taken to the hospital as the Highway Patrol sorted the remains of what appeared to be a demolition derby.

Anybody involved in an injury accident should contact a St. Louis area personal injury attorney as soon as possible, but this is especially true in more complicated, multi-car accidents. Often times in a chain reaction crash a driver is responsible for the damage done to the vehicle in front of him, but only a qualified car accident lawyer will be able to look at the specifics of a case and determine definitively who was at fault and who should pay the damages.

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A Defiance woman was killed in a two vehicle accident on route double-D in St. Charles County, last Monday.

The Missouri Highway Patrol reports 55 year old Diane Fulkerson was killed in the accident. Traffic crash reports indicate a pickup truck being driven by 22 year old Steven Hicks of O’Fallon was traveling east on route double-D when the truck veered across the centerline and collided with Fulkerson’s westbound car. Hicks sustained minor injuries along with a passenger in Fulkerson’s vehicle, 33 year old Peter Adams of Wentzville.

Drivers who lose control of their vehicles are legally responsible for the results of their reckless driving. When a loved one passes away as the result of someone else’s negligence, there is usually a claim for wrongful death. If you have lost a loved one due to someone else’s negligence you should contact a qualified personal injury lawyer as soon as possible.
 

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Teenage fun had deadly consequences in North St. Louis County during the early morning hours of January 2, 2009. That night 14 year old Brandon Jenkins took the keys to his mother’s 2007 Ford Focus to go joyriding with his friends. Brandon and his friends had gathered at his Hazelwood home and became bored as the evening wore on. Cruising around town provided the thrill these teenagers were seeking. 

After an hour of joyriding, Brandon and his five buddies noticed a police officer drive by. Not wanting to be caught Brandon sped away to avoid detection.   Speeding on city streets proved too reckless a task for this inexperienced driver who overshot a turn, hit a sewer drain along the curb, and sent the car airborne to overturn several times before striking a tree. 

When the dust settled Brandon proved to be fatally injured at the scene. Anthony Dunlap, 15, was taken by helicopter to Cardinal Glennon Children’s Medical Center, where he was pronounced dead in an operating room later that morning. The four other occupants of the car, ages 14 to 16, were all injured. Family and friends commented that these were all good boys who made a mistake. A parent of one of the boys commented that this was an isolated incident that was not typical behavior. 

These deaths and injuries are another example of how dangerous driving can be. We are all at the mercy of every other driver on the road. Sometimes the other drivers do not know how to drive, sometimes they are drunk, and sometimes they are plain reckless with our lives. There are no indications that alcohol or drugs were involved at this time, but police reports indicate none of the young men were wearing seatbelts. The mother of the deceased passenger hopes this incident will teach a lesson to others about getting in a car for joyriding. Hopefully, these deaths will remind us all to drive defensively as we don’t know what kind of crazy we will find behind the wheel of our fellow drivers the next time we take the streets.

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A Personal Injury is any physical or mental injury to a person as a result of someone's careless or harmful act. Sometimes personal injury may be referred to as bodily injury. If the only damage in your case is that your car got dented or scratched, then you don’t have a personal injury case –you may have a property damage case. Many people are able to resolve property damage claims without a lawyer. In most cases your own insurance company will resolve the property damage for you.

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At 8 p.m. this Thanksgiving, Eliaser B. Morales, of Hazelwood passed away after losing control of his vehicle. The Missouri Highway Patrol reported that Morales was heading westbound on Interstate 270 west of Highway 367 in his white 2000 Mitsubishi Eclipse when he went off the right side of the highway, hit an embankment, and spun around. Witnesses stated Morales was traveling in excess of 100 miles per hour when he swerved to the right to pass another vehicle. Immediately losing control, the Mitsubishi headed straight toward the embankment cutting in front of other cars before ultimately leaving the roadway. 

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Recent attempts to ban cell phone usage while driving by the City of Town and Country, Missouri, have failed.  The Aldermanic President of Town and Country proclaimed cell phone use while driving a “statewide problem” that should be addressed by the Legislature.  This issue began boiling oven amidst allegations of cell phone usage causing a fatal accident on Highway 40 in the St. Louis suburb.  See the recent St. Louis Post Dispatch article covering the story. The Alderman believed enforcement would be a major problem for implementing a ban.  This reasoning seems weak as we already have law enforcement patrolling our streets.  Most drivers can tell when someone is driving while using a cell phone, without any special training.  Many times, these drivers appear to be driving while intoxicated due to the distraction of their conversation.  Surely a Town and Country police officer can also detect the signs of this type of driving.  Further, the call or text log on most phones could be checked to ensure they had been in use. 

Problems enforcing a cell phone ban seems more like an excuse than a reason. The only thing keeping us from making our roads safe is our society’s obsession with chatting on the phone while driving. Public safety is not an area in which we should defer to convenience. Numerous studies have linked cell phone use to car accidents. Let’s wise up and stop this epidemic.

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Let’s face it, cell phones and driving don’t mix. At least eight different studies — some done on highways, some in simulators, some with data analysis — demonstrate that chatting on a cell phone impairs a driver. But how does that affect car accident litigation?By the time the police arrive they have no idea if drivers were on their phone during the accident. Most police officer’s fail to investigate cell phone usage when determining the cause of auto collisions. While some state legislatures are responding to this emerging danger, many are not. Missouri currently has no restriction on cell phone or text messaging while driving. This danger to Missouri drivers must be dealt with by the courts.

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