motor vehicle accident

Recent Posts in motor vehicle accident Category

  • Upcoming Kansas City Weather

    || 3-Feb-2012

    As the weather shifts from relatively mild and dry to wet and potentially cold, take extra care while out and about this weekend. At this point, it appears that it will likely rain through today and tomorrow and may even snow on Sunday. We all know that both rain and snow negatively affect the road conditions. Take precautions, and if something were to happen, be sure to contact us for a free ...
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  • Child hit by driver in Independence, MO

    || 14-Dec-2011

    This morning, around 6:55 a.m., a child was hit by a vehicle in Independence, Missouri. While the extent of the injuries is currently still unknown, we do know that the child was rushed to Children's Mercy Hospital. Police are investigating this accident, of course. It is far too early to tell if this accident, which has surely been turned into an insurance claim, will turn into a lawsuit ...
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  • Hit and run in Kansas City

    || 12-Dec-2011

    On Saturday, a young woman was hit, walking along Raytown Road. The driver of the SUV left the scene of the accident, which happened at about 11:25 that night. The victim of the accident has sustained major injuries, including a skull fracture. Sadly, we don't know who is responsible for the injuries this poor woman sustained. Should a perpetrator be found, there will likely be charges related ...
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  • Car crashed into home in Prairie Village

    || 7-Dec-2011

    Yesterday, with the weather being less than ideal, many who commute to work in the Kansas City metro noticed that there were significant delays due to accidents and problematic road conditions. While that may have been frustrating for some, it could have been a much worse morning for most of us. Take the morning of a Prairie Village, Kansas, woman, who lived near 75th St. and Roe. Her morning, ...
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  • Missouri uninsured motorist insurance for falling objects

    || 26-Nov-2011

    Under Missouri law, if you have auto liability coverage than you also have, at a minimum, $25,000 in Missouri uninsured motorist coverage. An uninsured motorist is a driver with no insurance, but also an unidentified negligent driver is also considered an uninsured motorist. Examples are hit and run drivers or sometimes where a object hits your vehicle while on the highway. Such as a piece of ...
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  • Anatomy of neck injuries from auto accidents

    || 10-Nov-2011

    Missouri auto accidents are responsible for thousands of neck injuries every year. Neck injuries are one of the most common injuries sustained in an automobile accident. When seated in an automobile, the neck and head have little support when subjected to the forces of an accident. While a seatbelt provides limited protection, the head and neck are able to whip forward, backward, and side-to-side, ...
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  • Negligent driver not entitled to judgment reduction for med mal settlement

    || 9-Nov-2011

    Automobile tort defendant not entitled to a reduction of judgment amount under § 537.060 for settlement paid by doctor on malpractice claim for treating injuries arising out the same accident. Gibson v. City of St. Louis, et al., No. 95949 (Mo. App. E.D., September 20, 2011), Crane, J. Plaintiff was involved in a one-car automobile accident caused by ice on the roadway; Plaintiff sustained a ...
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  • Missouri drivers second worst in the nation

    || 8-Nov-2011

    A website that provides car insurance rates has conducted a survey of which U.S. states have the safest and most dangerous roadways. The results are not good for Missouri residents; the study claims that drivers in the state are the second-worst in the country. The website collected data on car accident fatalities, tickets for traffic violations, drunk driving and what the man who runs the website ...
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  • Missouri "Seat Belt Defense" in auto accident cases

    || 1-Nov-2011

    If you are injured in a car accident in Missouri and another driver was at fault, you are entitled to compensation. But what happens if you were not wearing your seat belt at the time of the accident, as required by Missouri law? Everyone knows that wearing seat belts can sometimes minimize injuries in an accident--that is why they are required by law in all fifty states. What is the "seat ...
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  • Bicycle and motorcycle right of way at unmarked intersections

    || 31-Oct-2011

    Right-of-way at intersections is commonly misunderstood and one of the legal issues of who is at fault when dealing with bicycle accident cases. More accidents occur at intersections not monitored by traffic signals. When two or more vehicles (bicycles included) arrive at an intersection at the same time and there is neither person nor sign in place to indicate whose turn it is to go; the person ...
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  • Limits on an insurer's duty to provide legal defense after settlement

    || 23-Oct-2011

    In a new case, the Missouri Court of Appeals, Eastern District, held that an insurer that had paid its policy limits in full settlement of one claim arising from an incident was no longer required to provide a defense to the insured in connection with another claim arising from the same incident. National Beef Packing v. Zurich : http://www.courts.mo.gov/file.jsp?id=45195
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  • Affirmative defense to running red lights in Missouri

    || 22-Oct-2011

    Have you ever been on a bike or a motorcycle and encountered a red light that would not change for an unreasonable amount of time? That is because many traffic signals are triggered by pressure sensors in the road. Until recently, however, there was no affirmative defense whatsoever for running the red light. Recently, however, Missouri's Bicycle Law was changed by Missouri Statute 304.285, ...
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  • Missouri Dram Shop liability

    || 15-Oct-2011

    Under Missouri Statute § 537.053 a Dram Shop case has three main elements to the cause of action: 1. The claim must be brought (1) "by or on behalf of any person who has suffered personal injury or death" 2. Against a "person licensed to sell intoxicating liquor by the drink for consumption on the premises. . ." 3. Clear and convincing evidence the seller "knowingly ...
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  • Health Insurer cannot seek reimbursement from lawsuit proceeds

    || 11-Oct-2011

    Lets say you are involved in a Missouri auto accident with injuries and your health insurance, that you pay for, covers your medical expenses. Can that heath insurer now demand you pay them back from the proceeds of your auto accident settlement or judgment against the at fault driver? Absolutely not - but they try all the time. Under Missouri injury law it is clear that a lien or subrogation ...
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  • Proving causation in auto accident cases

    || 5-Oct-2011

    A Missouri personal injury lawyer must prove liability and damages to succeed in a personal injury claim. Liability is whether or not the negligent driver violated a duty, i.e. drove too fast, failed to keep a lookout, or violated various other rules of the road. That violation must be the cause of the damages to the victim. In most cases, causation is obvious and easily proven, but it sometimes ...
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  • Dealing with ERISA liens on personal injury settlements

    || 4-Oct-2011

    In Missouri and throughout the country ERISA Liens are becoming more complicated and more common in car accident and other personal injury settlements. Essentially, if you are injured in a car accident or have another actionable personal injury claim, and your health plan is an employer funded health plan and qualified under ERISA, the plan can sometimes circumvent State anti-subrogation laws. ...
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  • Plaintiffs win $1.1M judgment in drunk driving accident

    || 1-Oct-2011

    Accident victims Clarence Everett Wood and Mary Wood won a $1.1 million dollar judgment in Missouri drunk driving car accident lawsuit. The plaintiffs sued Huey E. Crocker for causing a Missouri front impact accident. The accident occurred on January 28, 2008 on U.S. Highway 50. Crocker drank heavily before driving his pickup truck. Crocker swerved across the centerline of the roadway and slammed ...
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  • Do I Need an Auto Accident Attorney?

    || 30-Sep-2011

    People often feel that contacting a lawyer after an accident can be intimidating. Many people either don't want to look like they lack knowledge and need help, or they don't want to appear to be trying to sue just for the money. Neither reason should prohibit an injured person from contacting an accident attorney and I'll cover why that is so in this two part series. A Car Accident is ...
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  • Proper Venue for Uninsured Motorist ("UM") Claims

    || 26-Sep-2011

    Since the statutory changes in 2005 requiring most Missouri personal injury actions to be brought in the county where the initial injury or negligent act occurred, there has been some confusion regarding how to apply this to a Missouri uninsured motorist car accident claim, often referred to as a "UM" Claim. An uninsured motorist claim under Missouri law arises when someone is injured by ...
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  • Absence of injury to passengers: proof of lack of injury?

    || 22-Sep-2011

    The heart of most personal injury claims, especially clear liability motor vehicle accidents, is damages. Damages being economic and non-economic; Economic damage is the amount of money required to compensate the Plaintiff for the out of pocket expenses (i.e. medical bills, future medical costs, medicine, lost wages, etc.) Non-economic damages or "pain and suffering" being the amount to ...
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  • MO Court holds uninsured motorist exclusion unenforceable

    || 21-Sep-2011

    Court holds uninsured motorist exclusion unenforceable against injured party After a crash in Missouri caused by a driver who left the scene, an insured sought uninsured motorist coverage under the policies that covered his two cars, but not the motorcycle he was operating at the time of the crash (which was insured under a policy with another company). The policies for the two cars excluded ...
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  • MO Dram Shop liability

    || 19-Sep-2011

    "Dram Shop" cases are drunk driving injury cases pursued by the injured party, or their surviving family as a wrongful death claim, against the bar or restaurant that may have over served the intoxicated driver that caused the car accident. Under Missouri Statute § 537.053 a Dram Shop case has three main elements to the cause of action: 1. The claim must be brought (1) "by or ...
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  • Missouri Bicycle and Motorcycle law

    || 12-Sep-2011

    Missouri Bicycle Requirements In Missouri, bicycles and motorized bicycles may ride on any street except travel lanes of interstate highways or where prevented by a local law. (Motorized bicycles must be licensed as mopeds.) Bicyclists have the same rules, rights and responsibilities as other drivers. For example, bicyclists must stop at stop signs and drive on the right-hand side of the road. ...
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  • New Penalties for Texting while Driving

    || 6-Sep-2011

    New Kansas law makes texting while driving a punishable offense. H Sub for SB 300 prohibits a person who is operating a motor vehicle on a public road from texting – using a wireless communication device to write, send, or read a written communication. The bill includes exceptions for law enforcement and emergency service personnel; receiving emergency, traffic, or weather related messages; ...
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