Missouri Injury Lawyer Blog

Two people were killed in a motorcycle accident on the Illinois roads and two others were injured, in a chain reaction crash involving three vehicles in Macoupin County, Illinois. Michael J. Tucker, 43, and his wife, Kimberly S. Tucker, 36, of Brighton, Illinois were westbound on a motorcycle on Illinois State Route 16 in Shipman, Illinois when a pick-up truck struck them on Monday afternoon.

The Illinois crash occurred when a pick-up truck making a left hand turn was rear-ended by an eastbound SUV. The pick-up truck was knocked into the path of the westbound motorcycle and then the collision occurred. The motorcycle and the pick-up truck both reportedly burst into flames after the crash.

The husband and wife on the motorcycle were pronounced dead at the scene. The other two drivers in the accident were taken to area hospitals and their injuries have not been reported. The Illinois State Police are investigating the accident.

As a former motorcycle rider for 20 years I know that motorcycles do not provide you any protection in a crash. Motorcycle riders must ride as if the other drivers don't see them. Also Illinois does not require riders to wear helmets, but helmets provide you significant protection to you head in the event of a crash. It is clear from the description of this accident that the motorcycle riders were not a fault, the information to date also does not provide any information regarding whether they or not they were wearing helmets or whether it would have made a difference. Just do everything you can to stay safe when out on the roads including wearing a helmet, don't become another statistic.

If you or a loved one has been injured or a family member has been killed in a collision with a car or truck, we urge you to contact The Lowe Law Firm. Our attorneys will find out whether the other driver is responsible for the accident. If so, we will then seek compensation for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.

An initial free consultation with The Lowe Law Firm attorneys for victims of car, motorcycle or truck related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.

Contact The Lowe Law Firm Missouri/Illinois accident lawyers online or by calling 877-678-3400.

Visit our Motor Vehicle Accident Information Center.

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An auto accident in St. Charles Missouri on April 5, 2008 killed one and injure two seriously when the driver lost contol of his pickup truck and hit a tree. According to the Missouri Highway Patrol, Shawn M. Ressor, 22, of O'Fallon, Mo., was killed in the accident.

Ressor was a passenger in a pickup truck driven by Jeremy Hembree, 20, of O'Fallon, Mo. Hembree was in serious condition today at St. Joseph's Hospital in St. Charles. Another passenger, Margaret L. Richardson, 20, of Wentzville, was in serious condition at St. John's Mercy Medical Center in Creve Coeur.

According to the Highway patrol, the truck left the south side of Highway P about 11:55 p..m. and struck a mailbox. The driver overcompensated, and the truck then went off the north side of the highway, hit a culvert, went airborne, struck a tree, and landed on its roof.

An initial free consultation with The Lowe Law Firm attorneys for victims of auto related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.

Contact The Lowe Law Firm Missouri/Illinois auto accident lawyers online or by calling 877-678-3400.

Visit our Accident Information Center.

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The Kansas City Missouri driver involved in a deadly crash on Interstate 70 near Columbia Missouri while reportedly being under the influence of marijuana, cocaine and prescription drugs at the time of a deadly wreck did not have his bail increased. The driver of the pickup truck was charged with first-degree involuntary manslaughter and possession of a controlled substance in the wreck that killed Charles D. Fulhage, of Rocheport Missouri..

Downs’ bond was set at $11,000 when he was arrested on suspicion of second-degree assault, driving while intoxicated and operating a vehicle in a careless and imprudent manner causing an accident. After Fulhage died Prosecutors upped the charges to include first-degree involuntary manslaughter, punishable by as much as 15 years in prison. The Boone County Assistant Prosecutor requested the increased bond because of the charges had been in increased to first degree involuntary manslaughter.

The driver had a previous drunken driving offense and was to have installed an ignition interlock device in his truck but had failed to do so. He had been order to use the interlock device for30 days. The interlock device, which tests a driver’s breath for alcohol before allowing the vehicle to start, does not detect intoxicants other than alcohol.

Part of Downs conditions to be released on bond was that he no longer drive, that he undergo a review for home detention and that he wear an electronic "sobrieter," which tests a defendant’s blood-alcohol content.

The accident occurred near the 122-mile marker of I-70, just west of Sorrels Overpass on the west side of Columbia. The Missouri State Highway Patrol said a westbound Dodge pickup driven by Downs struck the rear of a Ford Ranger pickup driven by Fulhage. The Ranger ran off the right side of the highway and overturned on an embankment. Fulhage, who was wearing a seat belt, needed to be extricated from the wreckage by Boone County firefighters. Witnesses told authorities that Downs had been speeding and making abrupt lane changes on the highway before the wreck, according to court documents

The Missouri Highway Patrol noted that Downs had appeared intoxicated, and they found a prescription pill identified as a generic form of Valium in Downs’ pickup. Fulhage was an MU Extension waste management specialist and professor in the University of Missouri’s Division of Food Systems and Bioengineering.

An initial free consultation with The Lowe Law Firm attorneys for victims of auto related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.

Contact The Lowe Law Firm Missouri/Illinois auto accident lawyers online or by calling 877-678-3400.

Visit our Accident Information Center.

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An Illinois State Trooper was involved in a fatal auto accident on Illinois Interstate 64. Why the trooper racing to an accident when emergency vehicles were already leaving the scene?

That’s one of the questions being asked as part of a probe into the double-fatal crash on Nov. 23 in which a speeding patrol car crossed a median on Interstate 64 in Illinois and collided head-on with another car containing two sisters, Jessica Uhl, 18 and Kelli, 13. Both sisters died in the crash.

According to an article in the Belleville News-Democrat written by Mike Fitszgerald, Illinois State Police Trooper Matt Mitchell was more than 15 miles away from an accident in which a 16-year-old was briefly trapped in a flipped truck on Illinois 4. The teen was able to get out of the truck.

Two local police squad cars, two ambulances and a fire truck were on the scene six minutes before Mitchell was spotted in Fairview Heights racing to the scene. Eyewitnesses estimated that Mitchell was driving more than 100 mph as he attempted to reach the accident. The teen had already been loaded into the ambulance, which was on its way to a Belleville Hospital, when the trooper lost control of his vehicle and hit the sisters.

So far, the state police have refused to release information to the Belleville News-Democrat regarding the exact time Mitchell received the call for assistance and his exact location.

At high rates of speed, cars are difficult to control and the impact is likely to cause serious injury or even death. Even though the speeding car in this case was an emergency vehicle, it does not make it any less lethal.

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During the rush hour commute, highway accidents are common. But what does a driver do when there’s no shoulder? That’s the question St. Louis drivers are asking now that many are using Interstate 44 as an alternate route during the Highway 40 closure.

To accommodate increased demand during the Highway 40 shutdown, an additional lane was added to Interstate 44 by narrowing the existing lanes and shrinking the shoulder.

In an interview with KMOV-4, the Missouri Highway Patrol recommended that motorists who aren’t hurt in an accident should pull off the roadway. Special accident investigation areas located near Interstate 44 and Highway 270 have been set up by the city of Town and Country.

In addition, the Missouri Department of Transportation has added pavement pads for motorists who’ve been involved in a non-injury accident.

The highway closing also means more tractor trailers will be turning to Highway 44. In another segment on KMOV-4, truck drivers warned motorists to either pass the trucks or stay behind them to avoid accidents.

The tight squeeze means not only that the potential for truck-car collisions rises but also that there will be fewer safe places for motorists to go once an accident occurs.

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An Illinois pedestrian killed Thursday night on Interstate 69 has been identified as a Huntington Illinois woman. Police said Betty A. Gilruth, 56, left her broken-down vehicle and was walking south on the highway at the 107 mile marker north of the Illinois Road exit when she was struck by a southbound truck about 8:30 p.m.

The Police reported that they did not know why the pedestrian was walking in the southbound lanes instead of on the side of the highway. Police reported that the truck driver may not have been able to see the deceased walking in the traffic lane because it was dark. The pedestrian was pronounced dead at the scene and a police spokesperson said they are still investigating the accident.

When your car breaks down, you should be prepared. You should have some roadside reflectors or flares to let other motorists know that your car is broken down. If you have a cell phone call 911 or roadside assistance for help. If not, and especially if you are a woman, have a sign that says call for help. In today's world, you cannot be too careful and even though there are many good Samaritans, a woman should not accept help from an unknown man except to have them call the police or roadside assistance. And never walk down the wrong side of the road at night alone.

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A Southern Illinois auto accident killed two sisters on Interstate 64 near Scott Air Force Base. The accident occurred when an Illinois State Police trooper heading to an accident, was cut off by another motorist, crossed and slammed into an oncoming car.

The Illinois State Trooper Matt Mitchell, 29, was airlifted to Barnes-Jewish Hospital in St. Louis, where he was hospitalized for serious injuries. The injuries were said not to be life-threatening. Mitchell was traveling east on I-64, with lights and siren activated, responding to the report of an accident with injuries and people trapped on Illinois 4.

Near Illinois 158, another motorist cut Mitchell off and he took "evasive action" to avoid a collision, police said a witness reported. Mitchell then crossed the median into westbound traffic, hitting one vehicle head-on. Two other westbound vehicles also were involved in the crash.

Police are asking for the public help in finding the car that cut off Mitchell and are seeking any witnesses to the crash. Anyone who may have seen the accident is asked to call Special Agent David Fort at 346-3766.

An Illinois State Police reconstruction team is investigating the cause of the accident. The patrol car contains what is similar to a black box in a plane, recording such information as speed and how long brakes were applied. That information has not yet been analyzed.

The accident Friday was the third fatal crossover accident in the metro-east in less than a month:

• Lindsey N. James, 20, of Bethalto, was killed in a fiery crash Oct. 25 after her car was clipped by another as they were traveling north on Interstate 255 just south of Collinsville Road, police said. James' car swerved off the highway, crossed the median and was struck by oncoming traffic. She had been married less than a month.

• Waynette Poynter, 31, of Nixa, Mo., was killed and three people were injured Oct. 26, when Poynter, who was traveling east on Interstate 64, crossed into the westbound lanes and struck an oncoming pickup truck at Green Mount Road.

This type of tragedy can be avoided if people pay attention to emergency vehicles and move to the side of the road. Also be sure to wear your seat and drive the speed limit.

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Tire blowouts are sometimes caused by defective tires and are a very serious road hazard. Tire blowouts often result in vehicle collisions causing injuries and even fatalities. The remnants of blown truck tire scattered across a highway are the signs that this is not an uncommon occurrence,

Debris littering the highways cause over 25,000 accidents and at least 100 deaths in the United States and Canada each year. A Foundation for Traffic Safety reported that blown tire pieces are the number one road debris. Various studies have shown that most tire and scrap rubber debris on the roadways is caused by under inflated tires, which makes tires susceptible to cuts and flats.

Most tire-related accidents are caused by improper tire inflation. These accidents are avoidable demonstrate the need to maintain the proper tire inflation.The air inside the tire carries the weight of the vehicle, absorbs shock and keeps the tire in its proper shape so it can perform as designed. This is the single most critical factor for getting the safest and longest life out of tires. Tires flex when they roll, bending the tire’s rubber and steel cords. The flexing generates heat, and tire wear is the result of friction created between the road’s surface and the tread as the tire rolls along

When tires are over-inflated, excessive wear occurs at the center of the tread because it will bear the majority of the vehicle’s weight. Over-inflated tires tend to not absorb road hazards like debris in the road and potholes, increasing the risk of sustaining a puncture or impact damage.

Tire pressure should only be checked when a tire is cold (before a vehicle is driven or has been driven less than a mile). Once a vehicle has been driven, tires warm up and there is an increase in air pressure resulting in an inaccurate reading. After being driven, a “hot” tire can take several hours to cool down .Tire pressure should be checked regularly. Alignment also needs to be checked on a regular basis.

When inspecting your tires, rub your hand along the tread and sidewalls to feel for problems like flat spots, cuts, shoulder wear, bulges, sidewall damage, etc. is a good way to check for obvious problems. These simple and quick checks can help you avoid, or at least minimize the number of accidents caused by defective tires. All drivers should stop immediately once a tire problem is detected. Even continuing on to the nearest rest stop or weigh station can be dangerous. Making sure your tires are properly inflated just may save your life and the lives of those traveling the highways with you.

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In Chicago Illinois, a 19-year-old woman on a bicycle was struck and killed by a garbage truck while talking on a cell phone. The accident happened just after 4 p.m. when a garbage truck, was making a right-hand turn struck the woman, who was riding a bicycle.

The woman was taken to Advocate Illinois Masonic Medical Center, where she was pronounced dead at 4:37 p.m.. According to a spokesman for the Cook County Medical Examiner's office.
The garbage truck driver was cited for making an improper right turn, The victim, however, was talking on her cell phone before the garbage truck struck and killed her, police said.

Between 2002 and 2006, there was an average of about 22 fatal accidents per year involving bicyclists in Illinois, the majority of which were in Cook County, according to state transportation statistics. But that's not the whole story, said Randy Neufeld, chief strategist for the Chicagoland Bicycle Federation. According to statistics from the Illinois Department of Transportation, more than 3,000 cases per year result in serious injury to cyclists - slightly more than half the figure of accidents involving pedestrians, Neufeld said.

Some of those accidents, such this one may have been prevented if cyclists were more alert, But when it comes to avoiding accidents, some of the responsibility, lies with motorists who are responsible for making sure they see cyclists before making turns.. Bycilists also bear responsibility to make sure they ride carefully.

I live off of a two lane road on which bicylists love to ride. Many times they ride side by side and I have to pass them by diriving into the on coming traffic lanes. If you are a bicyclist and driving on a two lane road be respectful to the cars that have to try to avoid you on the roads. If there is no shoulder or bike lanes drive in a line as close to the side of the road as possible so that cars do not have to drive very far into the oncoming traffic to pass you. If you are respectful of cars they will be respectful of you.

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A motorcycle collided with a tractor-trailer severely injuring the Motorcyclist in March 2006. A Jury entered a $6 million verdict in favor of the motorcyclist.. The Jury verdict was against Colonial Freight Systems Inc. of Knoxville, Tenn., and its driver.

The motorcycle driver was riding a 2003 Honda Shadow when the truck changed lanes, striking the rider and knocking him off his motorcycle. The jurors rejected the truck driver's version that the motorcyclist entered an entrance ramp and drove directly into the tractor-trailer.
The Motorcycle rider was a 13-year Army veteran and former security guard, lost four fingers on his left hand and can no longer walk without assistance because of injuries to his left leg.
Jurors awarded the plaintiff damages for past and future physical injuries, disfigurement, physical impairment and medical expenses.

Motorcycles are uniquely dangerous because of the carelessness of cars and trucks and the difficulty they have in seeing motorcycle riders. Because of that always wear a helmet, drive with the headlights on, and us the turn signals. It is just a fact of riding a motorcycle that cars are not going to see you because you are in their blind spot or they didn't turn their head to look when they change lanes. Also resist the urge to take off your helmet when you are traveling in a state that does not have a helmet law. Doctors and nurses in emergency rooms don't call them donor cycles for nothing. Please don't become a donor, but if you are in an accident contact an attorney experienced in handling motorcycle accident cases.

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Car crashes in Missouri and Illinois are common. Cars are designed to protect you if you are wearing a seat belt. You hear it all the time, wear your seat belt and your chances of surviving a crash are much higher. In fact, statistics show you have a 60 percent chance of making it out of an accident alive if you buckle up.

But this weekend alone three people died on roads in southeast Missouri and police say they were not wearing seat belts. Five people who died in Kentucky last week also did not have their seat belts on. Emergency responders say they see a lot of gruesome sights at deadly accidents where people didn't buckle up, so they always tell their loved ones not to leave their driveway without buckling up first.

"When they're not restrained they're a little more bloodier, there are more injuries," Paramedic Meg Cooper said. She became an emergency responder, working at Cape County Private Ambulance, to help save lives. But she says it's often too late when people don't take the time to buckle up.

"A lot of times people are ejected through a window. In a rollover, there can be partial ejection, where the vehicle rolls on top of them. If you're fully ejected, you run the risk of the vehicle following you or running over," Cooper said.

All that's left of 38-year-old Gilbert Marler's truck is a mass of crumpled metal. Police say he lost control of the truck and overturned on a Stoddard County road on Sunday. Investigators say the impact tossed Marler out into a field. Marler died and he was not wearing a seat belt.

"It still surprises me that people don't wear seat belts and they think nothing is going to happen to them," said Lt. John Davis with the Cape Girardeau Police Department. He reconstructed accidents for many years.

"Anytime you're behind the wheel of a car, your body's in motion too. If your car stops suddenly, your body continues on at the same speed, and if you're unrestrained, then you're going to hit the steering wheel, the dash or the windshield," he said.

That's the kind of logic emergency crews hope you take into account when you get behind a wheel. Something else to think about, the only survivor from this weekend's deadly crashes in Southeast Missouri had her seat belt on.

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Missouri drivers are dying in automobile accidents at increased rate because of their failure to wear seat belts. According to a recently published Missouri Department of Transportation press release, a recent survey released by the Missouri Coalition for Roadway Safety showed that only 77 percent of Missouri residents wear their seat belts whenever they're in a car. This number is well below the 2006 national average of 81 percent.

According to the director of the Missouri Department of Transportation's Highway Safety Division, "The survey shows that Missourians have not changed their seat belt usage significantly over the last five years, and that's disturbing. People are dying needlessly by failing to simply buckle up." Seat belt percentages have ranged from 73 percent to 77 percent in the past several years.

As I have previously written, Missouri has been contemplating a seat belt law that would allow police to pull a driver over and ticket them just for a seat belt violation. The current law only allows police officers to ticket someone for a seat belt violation if they pull the person over for some other infraction. If the new law is enacted, it is estimated based on the increases in seat belt usage in states with similar laws seat belt belt use in Missouri could increase by roughly 11 percent and save approximately 90 lives each year in the Missouri.

Every time I read the paper about a automobile accident fatality in Missouri, Illinois or any other state I look to see it the deceased was wearing a seat belt. I know as a personal injury lawyer that modern cars are designed to have safety features for persons wearing seat belts. These safety features include front, side, and side curtain air bags, pillars designed to keep the roof from crushing in a roll over accident, and most of all wearing a seat belt will keep occupants from being ejected from cars.

Statistics in Missouri revealed that approximately 69 percent of the 1,096 people that died in Missouri car crashes last year were not wearing a seat belt. Based on an analysis of traffic accidents, anyone involved in a traffic accident has a 1 in 31 chance of dying if they were not wearing a seat belt, however, if the passenger was wearing a a seat belt the chance of dying decreases 1 chance in 1,300.
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As for the dividing line between genders, the study showed that 82 percent of women wear their seat belts while only 76 percent of men wear theirs. Teens and pickup truck drivers tend to wear their seat belts the least. Pickup truck drivers only wear theirs 66 percent of the time while only 61 percent of teens buckle up. Within past years, teens have been the group to be least likely to buckle up when either driving or being in a car at all.

On a better note, the numbers of people wearing their seat belts has gone up in general. Back in 1998, only about 60 percent of drivers did not wear their seat belts while the current number is number is up to 77 percent this year.

Source: MDOT. "Missouri Seatbelt Use Remains Below National Average." http://www.modot.org/newsandinfo/District0News.shtml?action=displaySSI&newsId=12984

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