Missouri Injury Lawyers Blog

An Associated Press article in the St. Louis Post Dispatch notes that the Missouri law prohibiting young drivers from texting and driving remains difficult to enforce. The article citing a Columbia Missourian article reports that less than four drivers a month receive citations for these traffic violations.

The article reports that the Missouri texting and driving laws are some of the most lenient in the country and remain difficult to enforce.

The enforcement of the prohibition against texting and driving is probably more difficult in practice than plan due to the design of many smartphones. From the outside of a car, it is not easy to differentiate whether a driver is dialing a number on a phone or texting a friend. Using the phone as a phone is not strictly against the law, so it is likely that officers are unable to stop a vehicle when he or she is unable to determine if the phone is being used as a phone or the driver is texting and driving.

As a result, the drafting and enforcement of similar laws will need to be re-considered by state legislatures across the country and not just in Missouri and Illinois. Should drivers be required to use hands-free devices like commercial drivers? Should an out-right ban of cell phone use while driving be implemented? It seems incredibly unlikely that the latter would take place, so the adoption of laws and continued research in product development and driving habits will need to be a priority.

Mike Sudekum is a car accident attorney in St. Louis, Missouri. He has written an number of posts on the dangers of distracted driving. You can find more information by contacting him online.

You may have noticed the phrase, "Don't drive in-text-icated" popping up on cars and billboards in recent months. Similar messages that you can find with a simple google search include:

- Don't tempt f8 that txt can w8
- Dnt txt n drv
- Pay attention.

These are strong messages for all drivers, especially young drivers.

Recent statistics from the Official U.S. Government website on distracted driving highlight this point. The website, a joint collaboration between the National Highway Safety and Transportation Association and the US Department of Transportation reports that for drivers under 20 involved in fatal crashes, 11% of them were reported as distracted at or near the time of the crash.

For the parents who were wondering if your teen and his or her friends were getting the message, the website located at distraction.gov does little to increase your confidence. It states that almost half of all teens in a car with another driver report that the driver used a cell phone in a dangerous manner.

While distracted driving happens (kids, other drivers, unexpected noises, etc.), limiting these distractions is important to the safety of ourselves, our passengers and other drivers. Educating the drivers in your house is an important first step in reducing the number of motor vehicle accidents caused by distracted driving.

Continue reading "In-Text-icated Driving" »

According to its website dedicated to this issue, www.distraction.gov, the Department of Transportation has instituted several laws and regulations to curb distracted driving. These include:

- Banning federal employees from text messaging while driving on the job;
- Encouraging federal contractors to adopt and enforce a similar policy; and.
- Banning (through the FMCSA) commercial truck, including hazardous materials under the PHMSA and bus drivers from texting and using hand held cell phones while driving.

The laws and regulations have been extended to the rail industry by the Federal Railroad Administration and to pilots by the FAA.

Similarly, each state and every company should adopt laws and policies that are at a minimum as strong as these policies. The statistics concerning distracted driving and accidents is pretty clear. The avoidance of the first helps avoid the later. The benefit to companies will be safety to others and its employees and reduced costs. Less accidents equal lower premiums.

Alternatively, companies that fail to implement these policies will be subject to lawsuits and work related injury claims. The failure to implement these policies could under the right circumstances even trigger the risk of punitive damages, which are not covered by insurance. See Pennington v. King, slip copy, 2009 WL 425718, 2009 U.S. Dist. LEXIS 12779 at 21 (E.D. Pa. 2009, Pratter, J.).

Mike Sudekum is a personal injury lawyer. You may contact him through this blog.

According to the National Traffic Highway Safety Administration, in 2010, more than 3,000 people were killed in distracted driving crashes. Further while drivers under 20 represented the highest proportion in this group, the 30-39 year category represented the highest proportion of cell phone use.

As part of its safety initiatives, the NTHSA has developed advertising and marketing materials for parents and community organizations. These materials are professional and may be a valuable resource to your family.

An example of one of the ads is:

Mike Sudekum is a trial lawyer in St. Louis, Missouri.

The Centers for Disease Control and Prevention have released its annual National Youth Risk Behavior Survey. While the report contained some positive findings related to teens' behavior related to driving, one of the most alarming findings was that:

"1 in 3 high school students had texted or e-mailed while driving a car or other vehicle during the past 30 days."

At this point, the dangers of texting and driving are well-established and well-known. Simply stated, parents should institute severe consequences if they catch a teen driver using a cell phone while driving. Of course, we all make our own parenting decisions; however, one of the best ways to prevent young drivers from making this mistake is to not do it yourself.

Continue reading "More On Texting & Driving" »

In an article in the January 3, 2012 online edition of the The St. Louis Post Dispatch, an Illinois politician is quoted as saying that something similar to a ban on all cell phone use while driving may be "inevitable." The article also notes that 9 states currently ban handheld cell phone use while driving. This statistic is from the Governor's Highway Safety Commission.

The link provides some interesting information on the regulation of cell phone use while driving. For example, while Illinois does not have current restrictions covering all use, among its current restrictions on young drivers, it does prohibit cell phone use while driving in a school zone or in a highway construction zone. In contrast, Missouri has a ban on texting and driving by young drivers.

The use of cell phones while driving is a complicated issue. Certainly, most drivers can relate to stories of distracted driving while using a cell phone and driving. Many of the current smart phones on the market can add to this distraction in that the keys are integrated into the touch screen or are so small that use of the keypad requires a driver to look away from the road to operate the phone.

Further, the restriction of cell phone use while driving is a difficult problem for police to enforce. Determining whether a driver is under a certain age or texting instead of making a call may result in unnecessary stops by law enforcement. This is a result neither drivers nor police desire. Instead, drafting laws that restrict the use of handheld cell phone in certain areas, roads or by drivers of a certain age is a good place to start.

Continue reading "No Cell Phones While Driving; "Inevitable" for Illinois Drivers?" »

On November 23, 2011, the U.S. Department of Transportation in a final rule approved by the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration prohibited interstate truck and bus drivers from using hand-held mobile or cell phones while driving.

The rule provides for civil penalties and the potential loss of a commercial drivers license (or CDL) to both the driver and the motor carrier. According to the press release:

Nearly 5474 people died and half a million were injured in crashes involving a distracted driver in 2009. Distraction-related fatalities represented 16 percent of overall traffic fatalities in 2009, according to National Highway Traffic Safety Administration (NHTSA) research.

While many companies have policies in place that prohibit cell phone use; the rule will ensure that companies who do not have such policies in place are subject to the same type of policies that provide for the safety of other drivers. Therefore, it is an example of the types of regulations that ensure public safety, in particular to the drivers traveling the interstate highways.

Mike Sudekum is an trucking accident attorney with offices in St. Louis and Wentzville (by appointment), Missouri. You may contact him here.

On December 1, 2011, the U.S. Department of Transportation Federal Motor Carrier Safety Administration issued a Notice to Carriers concerning DOT Supervisory Drug and Alcohol Testing. The notice's purpose was to advise carriers that certain vendors pushing supervisory training were not affiliated with the FMCSA.

However, the notice itself cited a regulation that is important to driver safety. Federal Regulations 49 CFR Section 382.603 states,

"Each employer shall ensure that [supervisors] receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use ... to determine whether reasonable suspicion exists to require a driver to undergo testing ... The training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. Recurrent training for supervisory personnel is not required."

Regulations such as this highlight the importance of determining the work history of a driver that may have caused a truck accident. In some cases, pursuing a theory of liability for the negligent training, supervision or retention of a driver may be appropriate. As a rule, potential violations of this regulation represent just another reason to initiate an investigation of a claim as soon as possible after an accident.

Mike Sudekum is an trucking accident attorney with offices in St. Louis and Wentzville (by appointment), Missouri. You may contact him here.

A Sullivan, Missouri woman was air lifted to a St. Louis County hospital following a two car crash on the North Outer Road of Interstate 44 in Franklin County.

According to the Missouri Highway Patrol preliminary report, the driver of a small SUV was inattentive to the second vehicle resulting in serious injuries to the driver of the second vehicle.

As mentioned here before, inattention is a leading cause of car accidents in the State of Missouri and nationwide. The report does not mention the source of the inattention, but in many cases, these accidents are avoidable by reducing distractions, such as using a cell phone while driving.

The Missouri State Highway Patrol has posted the preliminary report on its website. Click here for the report.

Mike Sudekum has been representing car accident victims for over ten years in all parts of Missouri and Illinois. If you have any questions, please contact him.

Much has been written and discussed about the tendency of 15 passenger vans to experience a greater incidence of rollovers as compared to other vehicles used by small groups. According to a study and on-going research by the National Highway Transportation Safety Administration, a passenger van with 10 to 15 occupants experiences a three times greater risk of a rollover as compared to vehicles with less than 5 occupants.

Some of these accidents have been featured prominently in the media and often concerned church or college sports teams. As a likely response to these events and the findings of the NHTSA, the University of Missouri System issued recommendations for the use of 15 passenger vans.

In addition to the recommendations of the NHTSA to use experienced and trained drivers, enforce the seat belt law and ensure the tires were properly inflated and in good condition, the Missouri System included, among others:

-- Limit capacity to ten occupants;
-- Limit speed to 65 mph; and
-- Rotate Drivers for long trips every two hours.

Continue reading "Rollover Concerns For Church Groups/ Sports Teams in Missouri & Illinois; Study Makes Recommendations for 15 Passenger Vans" »

Missouri, like 37 other states, including Illinois, has passed some form of legislation related to texting and driving. The Missouri law applies to drivers younger than 21. In contrast, the Illinois law, effective Jan. 1, 2010, prohibits all electronic messaging, including email while driving with limited exceptions. In part, it states,

While some critics contend the laws are too difficult to enforce, the Missouri Highway Patrol, with its partners, Roush Fenway Racing and Con-way Freight, is continuing a campaign from 2010 that encourages all drivers to stop texting and driving.

The statistics from the campaign post provide an alarming reminder of the danger: in 2009 - approximately 1800 crashes related to cell phone use and in 2010 - 8 deaths and over 230 injuries. The truth is that these injuries and fatalities are easily preventable.

Continue reading "Anti-Texting Program Continues in Missouri; Highway Patrol Teams With Nascar Racing Team" »

Most of us have ourselves boarded or watched loved ones step onto an idling motor coach headed for a long trip across the country. If not, we know of a neighbor taking a weekend tour to Branson, Missouri. Many of the companies that operate these large passenger buses practice well known safety procedures, including switching drivers and scheduled stops. Unfortunately, despite these precautions, these crashes may be more frequent than previously believed.

The national newspaper, USA Today, reports that the number of bus accidents and resulting fatalities is actually higher than the National Highway Traffic Safety Administration's reported data. The investigation identified 42 deaths that were not reported because the vehicle did not meet the definition of motor coach as defined by the agency.

A related article reveals the data discrepancies may result from the method fatal accidents are reported.

Continue reading "Bus Accident Numbers & Deaths Higher Than U.S. Studies Reveal" »

A 19 year old motorcycle driver was killed last week in an intersection collision. The St. Louis Post Dispatch reports that the rider was traveling through an intersection when another vehicle turned in front of him. No charges have been issued to date. In Missouri, according to Missouri Department of Transportation data from 2008, over 300 people are killed in motor vehicle accidents every year.

Unfortunately, intersection collisions are common locations of motor vehicle accidents. A study from the US Department of Transportation and the National Highway Traffic Safety Administration found that 40% of the over five million car accidents in the US during 2008 were the result of intersection collisions. Inadequate surveillance or failing to keep a careful lookout was the number one cause of these accidents. It is the duty of all drivers to know the circumstances that surround them on the road.

Missouri courts in a recent case summarized the duty to lookout for other drivers as,

"the 'continuous and inescapable duty to maintain a vigilant lookout ahead and laterally . . . in such observant manner as to enable [the driver] to see what one ... could and should have seen under similar circumstances.' A driver is held to have seen what looking would have revealed. A driver's obligation to maintain a careful lookout extends to a pedestrian regardless of whether he or she is standing on the shoulder or on the traveled part of the roadway."

This legal duty corresponds to the age old advice to look both ways and not rush into intersections.

Continue reading "Intersection Collision Results in Death - South St. Louis; One of the Over 300 Fatal Accidents That Occur Yearly in Missouri" »

A recent news report from a local television station highlights the important role that car insurance plays in our lives.

According to the report, a father and his young son were killed by a drunk driver who was sentenced to consecutive prison terms for aggravated DUI and leaving the scene of an accident.

Normally, criminal actions are not covered by insurance under the intentional act exclusions in most policies. However, courts in Illinois and Missouri have taken a different view of drunk driving cases.

The good news is that victims of drunk drivers will be entitled to some level of insurance coverage benefits. Unfortunately, in these cases, an injury victim's recovery is limited to the amount of insurance coverage that the drunk driver carries on his or her vehicle. For repeat offenders, the insurance available is usually the mandatory minimums required by law.

In Missouri, the motor vehicle financial responsibility law requires coverage of only $25,000 and in Illinois, the required coverage under its financial responsibility law is less, only $20,000. See also 625 ILCS 5/7-601 to 5/7-610.

With the current price of medical bills and high deductibles on most employer sponsored health insurance plans, recovery limited to these amounts will not compensate victims with catastrophic injuries. Therefore, it is important for victims to carry additional insurance on their own policy to protect themselves from drunk drivers.

One of these methods is to purchase underinsured motorist coverage on their policy. This is optional coverage that every driver in Missouri and Illinois should purchase. Basically, underinsured coverage or UIM provides insurance in situations when the driver who causes an accident does not have enough insurance to compensate the injured party for his or her damages. Without too much detail, if a drunk driver has $25,000 in coverage and the injured person's medical bills are $50,000, without UIM coverage, the recovery would be limited to $25,000. However, if the injured person has UIM insurance of $50,000, he or she will likely recover $75,000 instead of only $25,000 from the drunk driver's policy.

Continue reading "Will car insurance protect metro area drivers when the drunk driver who caused the accident goes to jail?" »