Kansas City Injury Lawyer Blog

As hundreds of fans host Super Bowl parties, many partygoers who have partaken of alcohol will be hitting the road. To avoid a bad experience, here are some tips for the party host to help keep everyone safe.

•Encourage your guests who drink alcohol to designate a driver.

•Before kickoff, help arrange a designated driver for those quests who need one.

•Have plenty of non-alcoholic beverages and serve food throughout the game.

•Only serve alcohol to those quests over 21 years of age.

•Just like at the stadium, have a "last call" and stop serving alcoholic
drinks at the beginning of the 4th quarter.

•Keep a watch over guests who are showing signs of having too much to drink.

•Have a list of cab phone numbers or save them in your cell for convenience.

•Make sure you remind your departing guests to drive alert, buckled, and
composed. Stay extra alert for other motorists who appear to be impaired.

•Be prepared to have guests spend the night if an alternative way home
is not available.

Have a Safe Super Bowl Sunday,
Douglas R. Horn

This email is a driver's safety alert from Douglas R. Horn, Lead Attorney of The Horn Law Firm, P.C. Mr. Horn is an injury lawyer who concentrates his law practice on motor vehicle crash cases causing serious injury.

Mr. Horn also devotes a significant part of his work to driver safety issues. His safety organization, Drive By Example, is designed to influence drivers to use the highest degree of care and model the behaviors that protect themselves, their passengers, and other motorists. For more information regarding Horn Law, visit www.hornlaw.com.

A tragic auto accident that took the lives of a mother and daughter the morning of July 4, 2011 finally has some closure. The driver accused of causing the accident, 19 year-old Mexican immigrant Felix Solano-Gallardo, pleaded guilty to two counts of involuntary manslaughter on January 4. He also admitted to driving while intoxicated, with a blood alcohol content over twice the legal limit. Solano-Gallardo had given conflicting accounts to police since the accident, even refusing to confirm his real name. He is allegedly an undocumented immigrant from Mexico. He claimed several different names and ages while the criminal case progressed, be he testified in court the day of his plea that Solano-Gallardo is his real name, and that he is in fact 19 years old.

The crash occurred at about 8:30 a.m. on Monday, July 4 on Interstate 435 in Kansas City. 911 operators had already received calls about a vehicle traveling the wrong way on the highway. Solano-Gallardo had been driving south in the northbound lanes for several minutes when his white Mountaineer collided head-on with a black Impala driven by a 44 year-old woman and carrying her 11 year-old daughter. No skid marks were found at the scene, leading investigators to suspect both cars were traveling at highway speeds, around 65 miles per hour. The mother and child reportedly died instantly, and Solano-Gallardo was severely injured. The mother and daughter had been driving from their home in Belton to a Fourth of July parade in Sugar Creek.

Solano-Gallardo was taken to an area hospital. At 10:30 a.m., nearly two hours after the crash, his blood-alcohol content was reportedly .185 percent, more than double Missouri's legal limit of .08 percent. Police reported that he was "evasive" about identifying himself. He invoked his right to an attorney and remained at the hospital in serious condition. Because he was hospitalized, he did not appear before a judge until later. Prosecutors requested a $500,000 cash-only bond.

Solano-Gallardo appeared in court for his plea in a wheelchair, still recovering from his injuries. His sentencing is scheduled for March 9, when the judge could impose as much as thirty years' imprisonment. Given his suspected immigration status, federal immigration authorities will likely place a detainer on Solano-Gallardo, if they have not done so already. This is a request to local law enforcement to hold an inmate past the release date until immigration authorities can take custody of the inmate. This is done when they suspect an inmate of immigration violations. If Solano-Gallardo receives a prison sentence, he may face deportation proceedings once he is released.

Continue reading "Man Pleads Guilty to Drunk Driving in Fatal 4th of July Crash in Kansas City" »

At least two fatal traffic accidents made for a grim New Year's in Kansas City. A woman who had stopped on the side of the highway was killed when another vehicle struck her car. A toddler heading home from a New Year's Eve party with her family died after a car hit her, possibly because of non-functioning street lights. The Missouri Highway Patrol reported five traffic fatalities statewide over the New Year's holiday weekend, from 6:00 p.m. on December 30 to 11:59 p.m. on January 2. In total, troopers investigated 163 traffic accidents resulting in 75 injuries, plus 114 drunk driving arrests. These numbers are a slight increase over 2010-11's numbers, which had 157 accidents and 70 injuries. Five people died in traffic accidents over last year's holiday as well.

On the afternoon of Monday, January 2, a 40 year-old woman who had stopped her car on the right shoulder of Interstate 470 in Lee's Summit was struck by another vehicle travelling west on the highway. Her car, according to new reports, was disabled. The other vehicle reportedly drove off the road and hit her 2000 Ford. She was pronounced dead at the scene by an investigator for the Jackson County Medical Examiner. A passenger in her car sustained minor injuries. The other driver was treated for moderate injuries. All three people involved were reported to be wearing seat belts. The accident forced the closure of the entrance ramp to the highway for over two hours. Media reports do not indicate if authorities intend to file charges in connection with the case, nor have any reports indicated what factors, if any, may have played a part in the accident.

New Year's turned tragic for a family in Kansas City, Kansas. As they were crossing the street early in the morning of Sunday, January 1, a three year-old girl stopped to look for her mother. She was struck by a car and thrown about twenty feet. She sustained critical injuries and was rushed to the hospital, but she died on Monday. The driver stopped and has reportedly cooperated fully with police, and they are not expected to file charges.

Continue reading "New Year in Kansas City Marred by Traffic Fatalities" »

According to new statistics released by the National Highway Traffic Safety Administration, traffic accident fatality numbers for the year 2010 fell to record lows, ending at a total of 32,885 fatalities. That was a drop of 2.9% from the previous year, and also the lowest traffic accident fatality numbers on record since 1949. Last year, there was a decline in traffic accident deaths even though Americans drove approximately 46 billion more miles.

Missouri car accident lawyers credit this decline in accident fatalities with a number factors. Many states now have strong anti-drunk driving enforcement campaigns in place, and the numbers of alcohol-related car crashes has been dropping steadily. Additionally, safety campaigns, such as Horn Law's Drive By Example Safety Organization in Kansas City, have helped to increase seat belt use and curb distracted driving.

However, the National Highway Traffic Safety Administration also finds that more than 3,000 people were killed last year in accidents related to cell phone use while driving. Overall, 3,092 people were killed in accidents caused when someone was dialing a cell phone, sending or receiving a text message or performing any other activity related to the use of electronic communication devices while driving. The agency used a new measure to tabulate these deaths last year, so there's no way to compare those numbers with those in previous years.

Deaths caused by intoxicated drivers dropped by 4.9% in 2010. However, the number of people being killed in pedestrian accidents, and the number of motorcycle riders killed in accidents increased last year. The decline in pedestrian accidents is especially shocking, since it comes after 4 straight years of declining pedestrian accident death rates.

A multi-vehicle accident on the morning of August 5, 2010 in Gray Summit, Missouri has led the National Transportation Safety Board (NTSB) to urge states to ban cell phone use while driving. An investigation into the accident by the NTSB concluded that a pickup truck driver's frequent texting while driving, combined with fatigue, led to the accident. Two people lost their lives and thirty-five were injured in a series of collisions involving four vehicles. The pickup truck collided with the back of a semi traveling without a trailer. A school bus going the same direction then struck the pickup truck, and a second school bus struck the lead bus. The pickup truck driver and a passenger on the lead bus died. The NTSB identified multiple factors that led to the crash, but it concluded that distracted driving played a significant role. The pickup truck driver may have sent or received as many as eleven text messages in the eleven minutes preceding the crash.

As a result, the NTSB has recommended that all fifty states and the District of Columbia enact bans on all non-emergency use of portable electronic communications devices, such as cell phones, while driving. It also recommends creating a "high visibility enforcement" campaign consisting of visible and intensive enforcement of the law combined with extensive publicity and outreach. This approach has been very successful with various campaigns by the National Highway Traffic Safety Administration (NHTSA), such as their campaign to publicize and enforce seat belt laws, "Click It or Ticket."

The NTSB and NHTSA are government agencies established to promote transportation safety through research and publicity. The NTSB lacks the legal authority to create laws on its own, but its recommendations command the attention of lawmakers. It has previously supported various bans on specific uses of cell phones and other devices, including texting and driving, but now it urges a total ban on all talking and texting while behind the wheel.

The NTSB's investigation also found that the driver of the lead school bus was likely distracted by another vehicle on the side of the road, and that the driver of the second bus failed to maintain a safe distance from the first bus. It issued recommendations to the Missouri governor's office to revise safety procedures for the operation of school buses, particularly regarding driver distractions, as well as procedures for emergency evacuations of school buses.

As many as 3,092 traffic fatalities resulted from "distracted driving" in 2010, according to NHTSA estimates. Cell phone use while driving, especially texting, appears to be escalating around the country. The NHTSA estimates that one in a hundred drivers are actively using their cell phones while driving, with younger drivers doing so in even greater numbers. Stemming this tide may prove difficult. Even though 35 states and the District of Columbia have banned texting and driving, the practice continues, possibly increasing at alarming rates.

Continue reading "No More Cell Phone Use While Driving, Recommends the National Transportation Safety Board" »

Lawsuits often arise out of car accidents. People sustain injuries in a crash and need to seek compensation from the person or people responsible. Typically the responsible person is the driver at fault in the accident. Sometimes it is the auto manufacturer if the car had some defect or flaw that caused or contributed to the accident. Sometimes, the injured parties decide to sue everyone in sight, with surprising results. This is what happened to 89 year-old Oregon resident George Hinnenkamp, whose car was stolen and crashed, and who then became the subject of a lawsuit over that crash.

In June 2009, Hinnenkamp was returning to his Lorane Valley home after a trip into town, only to find his 1991 Thunderbird was missing. He reported the car stolen and waited. That night, he received a call from Oregon State Police telling him that his car had been wrecked in an accident involving alcohol. He also learned that the car thief, 35 year-old Joseph Dinwiddie, was someone he occasionally tapped for odd jobs. Dinwiddie went to prison, where he remains today, for driving while intoxicated, two counts of third-degree assault for the injuries to his passengers, and several other charges.

Here's where the story gets interesting. This past summer, the now 91 year-old Hinnenkamp learned that the two passengers from the night of his car's joyride had filed suit against both him and the incarcerated car thief, claiming $145,000 and $75,000 in damages, respectively. One plaintiff, Delano Oscar, claims "sprains or strains" in his back, neck, and elsewhere. In addition to $1,000 in medical bills, he is seeking $48,000 in non-economic damages, which usually refers to compensation for a plaintiff's pain and suffering. The other plaintiff, Nicole Cunningham, claims similar injuries as well as pelvic fractures, headaches, and dizziness. She is demanding $20,000 in medical bills plus $125,000 in non-economic damages.

The passengers allege in their lawsuits that, on the night of the crash, Dinwiddie was acting as Hinnenkamp's employee and had Hinnenkamp's permission to use the car. This issue had apparently come up during the criminal investigation and prosecution of the theft and crash. Hinnenkamp had told investigators that he had occasionally allowed Dinwiddie to use the car while performing odd jobs. Even Dinwiddie reportedly told police that night that he did not have permission to use the vehicle. The issue of whether Dinwiddie was performing job duties the night of the accident still does not explain the presence of alcohol.

Continue reading "Car Owner Sued by Passengers of Car Thief After Accident" »

A head-on collision on U.S. 69 in the early morning of Monday, November 14, 2011 took the lives of a 29 year-old Overland Park woman and her 9 year-old daughter, the Kansas City Star reports. An SUV driven by Heidi Lynn Adams in the southbound lanes of U.S. 69 in Overland Park apparently crossed the 60-foot median just before 6 a.m. and struck two pickup trucks in the northbound lanes. Adams' two other daughters, ages 4 and 7, were also in the vehicle and survived with serious injuries. Drivers of the two trucks are expected to fully recover. Police have not released information as to what caused Adams' vehicle to cross the median.

In a similar accident during the afternoon on November 14, a woman, also 29 years old, died in a three-car crash on U.S. 63 in Oregon County, Missouri, when her vehicle struck an oncoming truck and then another vehicle in her lane of traffic. According to the Springfield News-Leader, the Jeep Grand Cherokee driven by Tiffany Smith on southbound U.S. 63 passed a Mercury Sable in a no-passing zone, hit a northbound Freightliner, then skidded into the Sable. Smith was pronounced dead at the hospital about two hours later.

The accident in Overland Park involved a multi-lane highway with only a grass median separating the north- and southbound lanes, allowing Adams' car to pass into oncoming traffic unobstructed. Kansas officials had already been in the process of reviewing placement of median barriers after several accidents occurred on Kansas 10 between Johnson County and Lawrence. They are looking for "hotspots," areas with a higher number of traffic fatalities than average where placement of cable barriers separating oncoming lanes of traffic could save lives.

The Star reports that the stretch of U.S. 69 where Adams' accident occurred had 215 accidents and 57 injuries over a five-year period, but no fatalities. The overall accident rate for that stretch of road is a fraction higher than the statewide rate. Missouri officials claim cable barriers save up to 45 lives per year, but some traffic experts caution that cables can cause problems as well. A University of Nebraska traffic specialist consulting with the Kansas Department of Transportation states that cables can sometimes cut off car roofs, with the expected risk to the car's passengers. The proper remedy for a given stretch of highway therefore depends highly on the specific conditions of that area.

Continue reading "Head-On Collisions Cause Several Traffic Fatalities on Kansas and Missouri Roads" »

With over 30 million people hitting the road to visit family and friends for Thanksgiving, expect highway traffic volumes to be considerably high. This congestion, coupled with the fact, that many are taking longer than normal trips, creates a heightened highwaysafety risk. While it is difficult to avoid traffic, buckle up, keep driver distractions to a minimum and drive defensively to minimize the chance of a collision.

Here are some reasons why Thanksgiving is traditionally the most dangerous holiday for motorists followed by tips to keep you safe.

1. Aggressive Driving. Holiday celebrations sometimes bring out the worst in us. The stress and ension of Thanksgiving travel cause drivers to speed up, make erratic lane changes, and follow too closely. To ease the pressure, decide upon an arrival time at your destination that will allow you to drive at a slower pace. Enjoy the journey and build in breaks and leisurely meals.

2. Drowsy Drivers. For many, Thanksgiving celebrations start early and end after dark making for a long day. Feasting and holiday activities make you tired and less alert. If you do have travel, prepare by getting restful sleep before your leave and take breaks to refresh. Switching drivers also helps.

3. Impaired Driving. Keep in mind that drunk driving and impaired driving are different. While several drinks may not make you drunk, it will impair your driving abilities, especially after a long day. Alcohol also interacts with your medications to cause you to be less focused. The best advice for drivers is to hold off on a drink until you are safe at your destination.

4. Road Hazards. Road hazards come in many forms. Some common hazards at Thanksgiving include vehicles parked on the shoulder due to mechanical problems or deer crossing the roadway. Drivers who are unfamiliar with the routes of travel also can become a road hazard for other motorists. Drivers should expect hazards and drive steady and alert.

Have a Safe & Happy Thanksgiving,
Douglas R. Horn

This email is a driver's safety alert from Douglas R. Horn, Lead Attorney of The Horn Law Firm, P.C. Mr. Horn is a personal injury lawyer who concentrates his law practice on motor vehicle crash cases causing serious injury.

Mr. Horn also devotes a significant part of his work to driver safety issues. His safety campaign, Drive By Example, is designed to influence drivers to use the highest degree of care and model the behaviors that protect themselves, their passengers, and other motorists.

Many drivers are starting to realize that distracted driving is rising to epidemic levels in Kansas City. While texting while driving used to be limited to teen drivers, the advent of the smart phone has many adults multi-tasking behind the wheel. Many safety experts believe that the driving hazards are only going to get worse as cell phone popularity increases and technological advances expand.

While distracted driving has given rise to more "fender bender" type accidents, the bigger safety concern is on the congested interstates and highways. The statistics show that because of the absence of traffic control devices and the longer commute times, motorists are more likely to become distracted by their cell phones while highway driving. That, coupled with the fact they are driving at higher speeds, is a disaster waiting to happen. Not only are there more crashes, but the impacts tend to be more violent resulting in more serious injury and death.

As a Missouri Crash Lawyer, I am interested in solutions to the distracted driving crisis. In my opinion, the solution starts with changing the Missouri driving culture. To accomplish this we need for Missouri lawmakers to pass a distracted driving law that pertains to all drivers. Presently, Missouri has an anti-texting law that applies only to drivers who are 21 and younger. Second, we need to back up the new distracted driving law with enforcement. If you and I can tell who is distracted while driving, a police officer can as well. Third, safety awareness campaigns and mass media exposure are very helpful in changing driving culture. Not only could laws against distracted driving be publicized, but the campaigns can promote the life-changing consequence of a distracted driving accident. These campaigns could be state-sponsored or privately funded. Finally, teen driver education must emphasize the habits and behavior that lead to dangerous driving. There must be a respect for the other driver and we must teach new drivers that they must set an example.

In 2011, in order to contribute to a solution, I kicked off "Drive By Example". You can learn more about "Drive By Example" at hornlaw.com. Also, we have just gone live with www.hornlawprofile.com. This site capsulizes all of Horn Law's driving safety efforts.

Please email me at dhorn@hornlaw.com if you have a comment regarding any matter regarding driving safety or motor vehicle crash cases.

Stay Buckled & Alert,
Douglas R. Horn
Lead Attorney, Horn Law

Drivers in the state of Missouri ranked at second position in a list of the worst drivers in the United States. The list was compiled by a car insurance comparison website, and finds that drivers in Missouri ranked high in careless driving, drunk driving and traffic violations.

The analysis compiled data from the National Highway Traffic Safety Administration, the American Motorists Association and Mothers against Drunk Driving. The National Highway Traffic Safety Administration provided driving fatality data, the American Motorists Association provided data about tickets, and Mothers against Drunk Driving offered data about the incidence of driving under the influence in Missouri. This data was then ranked and scored, with a higher score indicating poor performance.

According to the compilation, Missouri drivers rack up plenty of traffic violations. On this indicator, the state scored 45 on the rankings. Missouri drivers also ranked in the top 10 for carelessness, and driving under the influence of alcohol. Overall, Missouri ranks next to Louisiana, which is the state with the worst drivers in the country.

Missouri was followed by Texas, Florida, Oklahoma, Arizona, Kentucky, Montana, Alabama and South Carolina. According to the data, Missouri ranked at 44 fatalities per million miles in Missouri. The state had a 45 ranking on tickets, a ranking of 44 for drunk driving. The state ranked at 42 on careless driving, ending up with second placed on the list.
______________________________________________________________________

Attorney Douglas Horn, a Missouri car accident lawyer, has deployed "Drive By Example", a driver's safety campaign designed to reduce distracted, impaired, and reckless driving. "Drive By Example" educates driver's on the high level of care, attention, and responsibility associated with driving and analyzes the behaviors and habits that change good drivers into dangerous drivers.

It is a silent killer on our roads, and yet, Missouri car accident lawyers find very little attention paid to the fact that thousands of people are killed every year in accidents caused by fatigued or drowsy drivers. The National Sleep Foundation wants to change that. Next week, the organization will mark National Drowsy Driving Prevention Week from November 6- November 12. The aim of this commemoration is to draw more attention to the risks from driving while a person is in a drowsy state.

Every year, drowsy driving accidents cause more than 1,600 deaths. An additional 70,000 people are injured in these accidents. In spite of this, few people take the threat from drowsy or fatigued driving seriously. While drunk driving, or even distracted driving to a certain extent, are frowned upon by many people, few motorists worry about the dangers from driving while sleepy. In fact, according to one survey, approximately one third of drivers have driven while they're in a very tired state.

A person who is driving while sleepy is likely to miss important traffic signs. There's a reason why drowsy driving is often linked to wrong-way driving accidents. These are typically high-impact accidents that cause serious injuries or instantaneous deaths. A car being driven by a drowsy driver can veer off the lane, and crash into another vehicle broaching from the opposite direction.

According to the National Sleep Foundation, many motorists who are driving while drowsy may not even realize that they have dozed off. It is possible for a person to slip into a period of micro sleep that lasts for between 3 and 4 seconds. That is enough time for a vehicle to collide with another vehicle or a stationary object.

Douglas R. Horn, Lead Attorney of The Horn Law Firm, concentrates his practice on representing victims of car, truck, and motorcycle accidents. Over the past 20 years, Mr. Horn has built an exceptional track record of maximizing recovery for clients who have suffered a life-changing injury due to a distracted, impaired, or reckless driver.

As a natural extension of his law practice, Mr. Horn devotes a significant part of his work to driver safety issues. He created and leads Drive By Example, a driver's safety campaign designed to influence drivers to exercise the highest degree of care while driving. He also heads Rural Road Ready, a campaign specifically targeted to improve rural road safety.

The military trains service members to drive aggressively while deployed in Iraq and Afghanistan. Unfortunately, this has led to risky driving behavior and other problems as they return home from overseas. During the first year back from deployment, automobile accidents are the leading cause of death for veterans. A study by the U.S. Department of Veterans' Affairs has found a 75% greater probability, as compared to the overall U.S. population, that veterans returning from Iraq and Afghanistan will be involved in a fatal auto crash. The VA identifies injuries sustained during deployment, psychological issues faced by many veterans upon their return, and the driving training veterans receive as factors in the trend of unsafe driving.

The VA is leading a group of government agencies in promoting safe driving and providing support and resources for veterans. The Veterans' Safe Driving Initiative provides both educational and clinical support to veterans and to the doctors and mental health professionals who help them. "Our returning combat veterans have already put themselves in harm's way to protect our way of life. Now it's our turn to take action," says David Kelly, Acting Administrator of the National Highway Transportation Safety Administration. The coalition of agencies includes the VA, the NHTSA, and the Departments of Defense, Health and Human Services, Transportation. The Veterans' Safe Driving Initiative also boasts Richard Petty, a NASCAR legend and advocate for safe driving, as its chair. Petty tours the country on behalf of the Initiative to meet with veterans and educate them about safety issues.

The Veterans' Safe Driving Initiative also conducts research into issues affecting veterans on the roads. The VA has also conducted research, in cooperation with the NHTSA, to develop recommendations on how to keep veterans safe while driving. Their research identifies risky behavior, which can include everything from not wearing a seat belt or helmet to driving under the influence, as a major cause of accidents. VA officials describe the feeling of "invincibility" many veterans have after returning home from combat conditions in Iraq and Afghanistan, where the mere act of driving is risky and aggressive driving behavior is often necessary.

Continue reading "Veterans Returning from Deployment are at High Risk for Auto Accidents" »

The body of a Kansas man was found around 8:00 a.m. on Saturday, October 8, 2011 in Douglas County. He was the apparent victim of an ATV accident late Friday night or early Saturday morning, according to the Kansas City Star and KAKE television. There have been no reports of other fatalities or other people or vehicles involved in the accident. The situation is similar to a single-car automobile accident. Where it differs is in how all-terrain vehicles, or ATV's are regulated by the law.

Kansas and Missouri each have rules for registration of ATV's and regulations regarding when and where people may operate them. Both states require ATV owners to have proper title documents. Neither state allows operation of an ATV on a highway. Neither state, however, has a specific license requirement like the requirement to get a license to drive a car or a motorcycle.

Missouri has stricter rules regarding ATV's than Kansas. Missouri requires anyone using an ATV, as operator or passenger, who is under the age of 18 to wear a helmet. It prohibits anyone under the age of 16 from operating an ATV unless accompanied by a parent or on a parent's property. It also restricts the situations in which someone can ride an ATV as a passenger. The Missouri State Police regulate ATV's and enforce the rules regarding their operation. The Missouri Department of Revenue handles registration and taxes.

No Kansas state agency has specific regulatory authority over ATV's. Titling and registration is handled in the same manner as automobiles, but there is no minimum age to operate an ATV, no requirements regarding safety equipment, and no restrictions on passengers.

During the period from 1982 to 2009, according to the United States Consumer Product Safety Commission, there were 124 reported deaths due to ATV accidents in Kansas, including 34 children under the age of 16. The total in Missouri for the same time period was 303, including 67 children under 16. Some studies suggest that the fatality rate for ATV's has been increasing in recent years.

Continue reading "Fatal ATV Accident in Douglas County, Kansas" »

A jury has awarded $75,000 in damages to a plaintiff over a traffic accident in O'Fallon, a suburb of St. Louis, Missouri. Jurors based the award amount on both property damage and injuries. The accident occurred on December 17, 2008. Defendant Craig Hoelscher was driving west on Cherrywood Parc Drive in O'Fallon towards Highway K. He intended to turn left on Highway K, heading south. This required him to cross two northbound lanes and a center turning lane. Cherrywood has a stop sign at that intersection, but Highway K does not. He pulled onto Highway K at about 10 miles per hour, when his car struck the car driven by plaintiff Suzanne Mateja, who was driving in the inside northbound lane at about 40 miles per hour.

Mateja alleged a knee injury resulting from the accident. She presented an orthopedic surgeon at the trial as an expert, who testified that trauma sustained by her knee will likely lead to arthritis and permanent limitations in the movement of the knee. The defense presented their own orthopedic surgeon, who testified that a pre-existing condition known as chondromalacia, a thinning of the kneecap, caused her injury.

Hoelscher acknowledged in his testimony that he was travelling too fast to safely cross the highway. Witnesses also testified that Hoelscher's view of Mateja's lane was obstructed by another oncoming vehicle.

The trial lasted three days, and jurors deliberated for two hours on July 20. They returned a verdict for $75,000 against Hoelscher in favor of Mateja. The jury denied a claim from Mateja's spouse for loss of consortium, however.

This case illustrates many of the important legal issues of a claim for damages after a car accident. Legal disputes arising from car accidents involve the theory of negligence. To prove negligence in a case such as this, a plaintiff must demonstrate to a judge or jury (1) that a driver had a duty of care to the plaintiff, (2) that the driver breached that duty, (3) that this breach caused the accident, and (4) that the plaintiff suffered injuries or damages as a result.

In this situation, Mateja proved all of these elements. All drivers have a duty to others on or near the road to drive safely. Since Hoelscher was driving at an intersection where he had a stop sign and other drivers did not, he had a higher duty of care to drivers on Highway K than normal. By entering the road at an unsafe speed, without the ability to clearly see oncoming vehicles, Hoelscher created the unsafe conditions that led directly to the accident. In hitting Mateja's vehicle, Hoelscher also caused her injuries, or at least a jury concluded that Hoelscher is legally responsible for those injuries.

Continue reading "Jury Awards $75,000 in Missouri Car Accident Trial" »

A new survey finds that Springfield, Missouri has some of the safest drivers in the country. The results of the survey, which was conducted by Allstate Insurance Co. is presented in a report titled Allstate America's Best Drivers Report.

The report ranks the country's top 200 largest cities ranked on the basis of car accident frequency. This year, the safest drivers in the country were found in Fort Collins, Colorado. Here, the average motorist is involved in an accident only once every 14 years. That is much lower than the national average of once every 10 years.

Springfield ranked at number seven on the list with a collision likelihood that was 17.9% lower than the national average. The average motorist in Springfield will likely spend 12.2 years between accidents. Other cities on this list include Boise, Idaho; Lincoln, Nebraska; Chandler, Arizona; Huntsville, Alabama; Knoxville, Tennessee; Reno, Nevada; Eugene, Oregon; and Chattanooga, Tennessee.

Missouri car accident lawyers find that cities that see frequent law-enforcement activities preventing drunk driving and other disruptive behaviors, are much better equipped to control their accident rates. While drivers in Springfield seem to be doing a good job of keeping accident rates under control, there's more that can be done to reduce those rates further. Drivers in other cities in Missouri should also pay attention.

The basic tips to prevent accidents remain the same. Never drive after drinking alcohol. Minimize all kinds of distractions, including cell phone use, applying makeup or fiddling with radio stations and other devices while driving. Make sure that you are prepared for driving, and learn about the weather conditions on your route before you drive. Do not tailgate. Make sure that your vehicle is properly maintained.