Kansas City Injury Lawyer Blog

A woman accused of a hit and run accident that killed a man on a Minneapolis highway is facing both criminal prosecution for vehicular homicide and a civil lawsuit for wrongful death. On the night of August 23, 2011, a car struck and killed 38 year-old Anounsone Phanthavong as he was putting gas in his stalled vehicle on the side of the Interstate 94 westbound entrance ramp. The car then fled the scene. Phanthavong was a popular chef at Minneapolis' Twin Cities Thai restaurant. Prosecutors have charged 45 year-old Amy Senser in Phanthavong's death based in large part on eyewitness accounts placing a vehicle like hers, a 2009 Mercedes ML350 SUV, at the scene of the accident.

The criminal case has generated a flurry of media reports about the evidence and motions presented so far, as well as questions and doubts as to whether Senser knew she had hit someone, whether she should be liable either criminally or civilly, and whether she was even the driver who struck Phanthavong. The case is set for trial to begin April 23, but it appears that the court will have many pretrial motions to consider first.

Witnesses have described a vehicle just like Senser's, but at least one witness described a driver who does not resemble Senser. The witness described a blond woman around 30 years of age, while Senser is a 45 year-old brunette. Police issued an alert that they were looking for a Mercedes SUV. The day after the accident, Senser's attorney directed police to her house, where they found the vehicle with damage to the front right side and a substance that looked like blood on the hood. Senser eventually admitted that she was driving the vehicle, but says she thought she had hit a piece of construction equipment.

To convict Senser of criminal vehiclular homicide, prosecutors must prove that she knew she had hit a person. Without that actual knowledge, her conduct does not fit the legal definition of "criminal" in this situation.

Phanthavong's family has also filed a civil lawsuit for wrongful death against Senser. The case recently resumed after a stay. All discussions related to the case are confidential, but it appears that the civil case will proceed alongside the criminal one. Prosecutors allege that Senser's cell phone records suggest that she was using her phone at the time of the accident. If true, this could benefit the family's lawsuit by supporting a negligence claim.

Continue reading "Alleged Hit and Run Accident Brings Both Criminal and Civil Claims" »

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" »

Pedestrian deaths on roads and highways in Missouri are on the rise, with the total number for 2011 set to exceed last year's total. According to the Missouri Department of Transportation (MoDOT), 54 pedestrians have died after being struck by vehicles as of the end of September. The year 2010 saw a total of 57 pedestrian fatalities statewide. Included in the count of "pedestrians" are people walking along or crossing a road, as well as people who had gotten out of their vehicles along the roadside. MoDOT defines a pedestrian as anyone on or near a roadway and not in a vehicle or on a motorcycle.

In an effort to reduce the number of pedestrian deaths, MoDOT has launched a safety campaign, "Be Safe. Be Seen," to educate both pedestrians and motorists about road safety. MoDOT officials note that pedestrian fatalities have occurred this year at all times of day, on both highways and smaller streets, and in both urban and rural areas. This campaign is therefore aimed at everyone in the state.

The saying that "pedestrians have the right of way" has long been popular, but it is far from accurate. For one thing, that is not true from a legal standpoint. Pedestrians do not have any meaningful right of way on an Interstate highway, for example. In a battle over a right of way between an automobile and a pedestrian, the odds are very much in the car's favor. Pedestrians should never assume that a car will give them the right of way, and they should never try to take it from an oncoming vehicle. MoDOT's guidelines largely focus on steps pedestrians can take to not only avoid dangerous traffic conditions, but also to be visible to drivers. Two key tips offered by MoDOT are:

- Obey signs and signals.
- Don't assume drivers will stop for you. Unless you are in a crosswalk, the driver usually has the right of way.

Other tips include using sidewalks when possible, wearing light clothing at night, and only crossing at crosswalks and intersections.

For people who must pull their cars to the side of the road, MoDOT recommends leaving the headlights and emergency lights on and only exiting the vehicle on the side furthest from traffic. If possible, it recommends staying in the vehicle with seatbelts fastened until help arrives. Stranded motorists can call *55 from a mobile phone to reach the State Highway Patrol. The Highway Patrol also has "Send Police" signs available upon request.

Continue reading "Missouri Works to Halt Increasing Rate of Pedestrian Highway Deaths" »

Local police are investigating a deadly Kansas City pedestrian accident that took place last week on Interstate 29 at Tiffany Springs Parkway, according to KCTV 5.

The fatal accident happened shortly after 4:00 a.m. According to police reports, a 23-year-old woman attempted to run across I-29 and was hit by a vehicle before making it to the other side. After the first strike, she was hit by a number of vehicles afterwards.

Our Kansas City personal injury attorneys understand that pedestrians face an increase risk of injury when traveling near busy roads with speeding traffic. Motorists are urged to keep an eye out for our on-foot travelers as they don't stand much of a chance against motor-vehicles. A recent report, released by Transportation for America, illustrates the need for safer roadways and more driver awareness to help prevent these fatal incidents. According to this report, roughly 47,000 pedestrians died on our nation's roadways during 2000 to 2009.

The first driver to strike the Topeka pedestrian stopped and has reportedly cooperated with the local police's investigation.

After the accident, the northbound lanes of the Interstate were shut down and didn't open again until nearly 6:30 a.m.

There are no reports as to why the pedestrian was on the highway.

The recent pedestrian report takes a look back at the fatal pedestrian accidents that occurred between 2000 and 2009. This is the most recent data available. Transportation For America also reports that more than 688,000 pedestrians were injured while walking on our roadways during these ten years. Now, Dangerous by Design 2011 will take the reports and examine the problem in an attempt to create possible solutions to help reduce these serious and fatal accidents.

This new report provides a plethora of features, including a state-specific factsheet for each of the states and interactive maps that allow you to see these occurrences in your community.

These interactive maps illustrate that most of these fatal pedestrian accidents happen along busy arterial roads. These are the roads that are dangerous by design as federal funding coordinates their construction. These streets are designed to make the flow of traffic smoother and faster -- construction occurs with little consideration for pedestrian travel.

It is our tax dollars that fund the design and construction of these roadways. These funds account for less than 1.5 percent of the current federal transportation outlay. Currently, Congress is contemplating eliminating even this small contribution to pedestrian safety; apparently Congress thinks there are more important issues to spend this money on than pedestrian safety.

According to the Dangerous by Design analysis, there were more than 800 pedestrians killed in Missouri alone between 2000 and 2009. These fatalities cost the state more than $344 million. According to the Pedestrian Danger Index (PDI), our state ranks 17th out of 50 states.

The most dangerous areas is Missouri for pedestrians are as follows:

area/pedestrian deaths

-Kansas City, 234

-Springfield, 49

-Fayetteville-Springdale-Rogers, 46

-Columbia, 19

-Joplin, 19

-St. Joseph, 16

-Jefferson City, 10

If you'd like to contact Congress to urge them to keep the federal funding to help reduce the number of fatal pedestrian accidents, you are urged to speak up to make a difference.

Continue reading "Female Struck by Several Cars on Interstate in Kansas City Pedestrian Accident" »