Archive for the ‘Defective Design’ Category

Young Wentzville Driver Killed in Three Car Crash

Michelle Hampton, a 16 year old girl from Wentzville, was killed yesterday in a three car crash. Michelle ran a stop sign and crossed into the northbound lanes of Highway 61, hitting a Chevrolet Avalanche and then running into a Buick Regal. The other drivers were not injured but Michelle was killed at the scene.

My heart really goes out to Michelle’s family. It is a terrible tragedy to lose a brand new driver in an accident. I wish them strength and courage through these hard times.

Even though it appears the accident was her fault, it is odd that the other drivers weren’t injured. This raises a serious question on whether or not the safety features in Michelle’s car functioned properly or were indeed faulty or defectively designed.  If this is the case, the auto manufacturer could very well be responsible for the death of Michelle even though she ran the stop sign.  Running the stop sign did not cause the injuries she sustained, but her impact with the inside of her vehicle did.  If that impact could have been prevented by properly designed safety devices inside the car, Michelle may very well be with us today.  It is extremely important that Michelle’s family preserve the car she was driving before it is scrapped at a junkyard and possibly important evidence is lost.

 The Hampton family would be well advised to speak with an attorney experienced in fatal car accidents. He or she would know the best course of action to pursue to ensure that they can truly understand the nature of the accident and formulate an appropriate claim.

Accident Involving MoDOT Vehicle Shuts Down Interstate 170

Interstate 170 North has been shut down near the intersection of Interstate 70 after a Missouri Department of Transportation vehicle got into an accident. Although there are not many details that have been released yet, a post-dispatch article did report that one person was hurt, though they aren’t sure if he or she is a MoDOT employee yet.

The severity of the injuries for the injured party has not been released yet. Whatever the injury, I am hoping for a speedy recovery.

Until further details of the accident are released, I cannot speculate as to the cause of the accident. I do know, however, that if the injured person was indeed a MoDOT employee, their case could have many potential avenues to explore.  For instance, there is a potential case against the opposing driver, which would be obvious, but there is also possibly a workers compensation claim and if there were any defects in the MoDOT vehicle that caused the injuries or the accident, MoDOT could be responsible. It will be vital for the injured man or woman to obtain a full accident report in order to understand the direct cause of the accident and its results.  In addition, all vehicles involved should be inspected, as well as the stretch of highway where the accident occurred, to determine if there were any unsafe conditions that contributed to the injuries.

The injured person would be well-advised to contact an attorney experienced in auto defects, serious car and truck accidents and workers’ compensation in order to fully understand the accident and what he or she is entitled to.

Roll-over Crash on Missouri Interstate 55 Leaves DeSoto Man Injured

John E. Powell crashed his car into a rock bluff on I-55 early this morning. He was heading north on Highway 61 when his 1998 Ford Escort went off the right side of the road and rolled over. He was taken by ambulance to the hospital. The police report claims that he had not been wearing a seat belt.

I wish John a speedy recovery and my thoughts are with his family as they help him through this difficult time.

It will be vital for John to maintain the car after a crash like this. Since there are two parts to every accident (what actually causes the accident externally and what happens inside the car during the accident), he would be well-advised to contact an attorney who could determine whether his injuries were caused by the accident itself or any defects present within the car.

Though the police report reads that he wasn’t wearing his seat belt when they discovered him after the crash, a defectively designed seatbelt could have just made it seem as though he wasn’t. An experienced personal injury attorney could certainly help John Powell get the compensation he needs from the insurance company to speed his recovery and ease his loss.

St. Peters Woman Charged After Drunk Driving Crash Killed Passenger

Ashley P. Matthews, of St. Peters, was charged with involuntary manslaughter and felony assault after being accused of driving drunk and causing a crash. The crash, which occurred back in May, resulted in the death of Ashley W. Walker, her passenger, and the serious injuries of David Mann, another driver. According to an article in the St. Louis Post-Dispatch, Ashley crashed into David after overcorrecting her car on eastbound Highway 94 in Defiance.

Ashley Walker was killed after being thrown from the overturned vehicle. The report does not confirm whether she was wearing a seat belt or not.

My condolences go to the family of Ashley Walker. I wish them strength through these hard times.

It will be important for the accident reconstruction team to determine what exactly occurred during the accident. If Ashley Walker had been wearing a seatbelt, then it seems suspicious as to why she’d be thrown from the vehicle. It could have been the result of a faulty seatbelt or other deficiency within the vehicle itself.

The family is at least entitled to understand what truly happened during the accident. They would be well-advised to contact an attorney experienced in defective auto design to help them determine the exact nature of the accident. The best personal injury attorney will always offer a free consultation to help the family of an accident victim.

Driver Pleads Guilty in Fatal Drunk Driving Crash

An accident that occurred back in February which resulted in the death of Robert Wood has resulted in a criminal trial. The other driver in the crash, Chad Frazer, was convicted of driving under the influence of alcohol with a BAC of more than three times the legal limit. His actions could get him up to 15 years in prison and a $5000 fine.

I want to express my condolences to the family of Robert Wood. It is hard to have to go through such a tragic event over and over as the trial continues. 

The article made sure to mention that Robert had been wearing his seat belt at the time of the crash which brings up an interesting issue. As mentioned in previous posts, there are two parts to every car accident. There are the events that lead to the actual crash and then what happens inside the car during the crash. If Robert had been wearing his seat belt, why did it not prevent his death? 

The family would be well-advised to contact an attorney who is experienced in seat belt malfunction. The seat belt that he was wearing could have been deficient, ultimately leading to his death. If this is the case, his family is not only entitled to the justice they will receive from the trial but also compensation for the auto deficiency.

Two Women Killed After Crash with Pickup on Skinker

Two elderly women were killed and eight other people were injured in a crash involving a church van and a pickup truck. According to an article in the Post-Dispatch, the pickup truck failed to yield to oncoming traffic when attempting to make a left turn onto Etzel Avenue. The pickup smashed into the driver’s side of the van, which set the van into a spin and killed Anner Daniels. Another woman died on the way to the hospital. Her name hasn’t been released yet.

My thoughts are with the friends and family of the two women who were killed in the accident. An accident that involves so many people is really a tragedy for the whole community. I hope this accident can bring to light the dangers of reckless driving. It will be critical for the family and friends of the injured and killed passengers to contact an attorney who is experienced in serious injuries and traffic fatalities. Even though it appears that the other driver was clearly at fault at this stage, it would benefit the parties to have an attorney who handles auto defect cases to investigate whether or not the deaths of these two women were the result of the failure of any safety features. Defective seatbelts and seatback collapse are just two possibilities that are often overlooked.

In the days after an accident, passengers will be contacted by an insurance adjuster who will attempt to minimize their ability to receive fair compensation. It will be vital for the injured parties to understand that they do not have to make a recorded statement and they must keep careful track of their injuries and losses.  I wish the best for the victims and their families as they move through these hard times.

Highway DD to Be Revamped But the Roads Might Not Be the Only Problem

If you’ve driven on Highway DD in St. Charles, you know the inherent dangers of the road. In early September, 16 year old Elise Sunderhuse was killed in an accident on highway DD—but she is not the only casualty of the road. They highway curves around the Busch Wildlife Area toward Augusta and Defiance and has been reported as one of the most dangerous roads in the state. To make matters worse, traffic has dramatically increased due to new residential development.

The state has responded with plans to build paved shoulders along a one-mile stretch from Highway 40 to Frontier Middle School. Senator Scott Rupp of Wentzville has also planned  a town hall meeting for later this month to discuss ways to urge the state to move quickly in its new construction plan.

While the new construction is needed, I see some issues that are being ignored. When Elise Sunderhuse, the 16 year old killed in September, crashed, she was wearing a seat belt. Seat belt failure is an area that  is commonly overlooked when reviewing a serious auto accident claim. When a faulty seatbelt is put in a car, drivers and passengers are under the false impression that they are protected when in fact they may not be. And it is not as if car makers do not know these dangers.

Some of the most common seat belt defects have been well known to car makers for years but they’ve been ignored because of the cost to fix them is less than the potential cost of settling a lawsuit by someone who can detect a seatbelt failure actually occurred. In the case of Elise Sunderhuse, detection of the faulty seatbelt could’ve been critical to her survival. If you or someone you know has been injured or killed in auto accident while wearing a seatbelt, it is vital that you contact an attorney who understands auto defects and knows the right way to pursue legal action.

Big Decisions by Chrysler Could Benefit You

A big move has been made in the world of product liability. According to RTT News, Chrysler announced that they would be taking responsibility for any product liability claims made before its emergence from bankruptcy protection in June of this year. According to John Bozzella, a senior vice president for the company, this new policy was made in an effort to assure Chrysler drivers that they stand behind the quality of their vehicles, despite their current financial troubles.

The original agreement involved Chrysler only taking responsibility for cars sold after they emerged from bankruptcy protection. They are now saying that Chrysler can still be considered liable for defects from any of their cars, if the accident occurred after they emerged from bankruptcy protection.

Wow. This is similar to GM’s decision to take on the liability of all of their vehicles after emerging from bankruptcy. What does this mean for you? Since these companies are taking the liability, there is fair compensation available—and to fight for. It is very important to contact an experienced attorney if you have been in an accident with a Chrysler or General Motors vehicle (And, it doesn’t hurt to contact one who is well-versed in bankruptcy too.)

What Is the Role of the Insurance Adjuster?

After you get into an accident, you are contacted by an agent from the insurance company. His job is to gather the facts and evidence from you, other witnesses, police reports, and hospital records to report back to his employer. The facts and evidence that he gathers are used to negotiate how much money you can receive when you turn in your claim for damages and injuries.

His job is to make the lowest offer possible.

I’m sure this comes as no shock. The insurance company wants to pay you  as little as possible and the adjuster, as the company’s agent, gathers the knowledge to do so. Business is just business, after all.

Woman Dies After Bulldozer Crash in St. Charles County

According to an article in the St. Louis Post-Dispatch, a woman was injured and later died in an accident on Highway D in St. Charles County. Judith Ulery and mother Elsie Sherman were driving near Sneak Road when a bulldozer fell off a truck’s bed and crushed her car. The accident occurred July 8 and Judith Ulery passed away this past Friday. Her mother Elsie is still recovering. The investigation for the exact cause of the crash is ongoing.

My thoughts are with the family of Judith Ulery and Elsie Sherman. An accident that injures more than one member can be particularly hard on a family—in more than one way. Not only are the emotions overwhelming but the hospital bills incurred by both Judith and Elsie are probably a lot to handle also.

Considering the investigation is still ongoing, I would imagine they are having trouble determining the exact cause of the accident. If the police cannot confirm the cause, then the insurance companies have more bargaining power. The Ulery family could be left with massive hospital bills and not enough insurance to cover them.

If the bulldozer was not attached to the truckbed, it may show negligence on the driver’s part. This would help their case. The family of Judith Ulery and Elsie Sherman would be well-advised to contact an attorney who specializes in negotiating with insurance companies. This time certainly isn’t easy for them, but it could get harder if they are not given fair compensation for their loss.