Tunas, Missouri Teen Killed by Drunk Driver - Personal Injury Lawyer's Analysis
While reading the news, I came across a story about a Tunas, Missouri teenager who was killed by a drunk driver in Ozark, Missouri on May 31. The story reported that Joshua Bridges, 21, of Fair Grove was killed when the car in which he was riding turned in front of a truck. The car was being driven by 17-year-old Karena Smith who was recently charged with first-degree involuntary manslaughter and two counts of second-degree assault. The charges were based on Smith's reported BAC of .191. This is more than twice Missouri's legal limit. She was also driving on a revoked license due to pleading guilty to a DUI less than two weeks earlier.
Also injured in the car wreck were Ashley Pierce and Shannon Mitchell. Pierce was riding in the car with Smith. It is reported she suffered a head injury (brain injury), concussion, and a broken pelvis. Mitchell was driving the truck and was said to have suffered a broken wrist.
As a Missouri Car Accident Lawyer, I wanted to use this case to illustrate some examples. First, we can all acknowledge the tragic nature of this accident and surely all of our hearts go out to all the families of those involved, especially to the Bridges. As for the legal issues involved, they revolve around the different types of insurance which may be involved here.
First, if Pierce maintained any automobile liability insurance, surely it must pay the full extent of its policy limits to everyone involved. But since she was a minor, I assume she lived at home with parents. Due to a very recent Missouri Supreme Court case, their separate policies of automobile insurance (if they have them) can also be made to compensate the injured parties.
Moreover, if the car belonged to Pierce's parents, then there is probably a valid claim for negligent entrustment against them for allowing her to use the car (if they in fact did allow her to do so). If they did, then their homeowner's insurance may also be responsible for compensating the injury victims. Most homeowner's insurance have a $300,000.00 policy limit.
Also, given the nature of Pierce's actions, her insurance company can be made to pay the injured parties immediately. If it delays, then a great Missouri car accident attorney will obtain a judgment and then sue her insurance company for bad faith refusal to settle and obtain the full extent of the judgment. In this type of case, a judgment may well exceed into the millions of dollars.
Finally, the parties involved may have underinsured motorist coverage. If they do, that will also come into play as Pierce's insurance company will surely have to pay the full extent of its policy limits. In Missouri, most of these policies contain a lot of fine print so that they can try and get out of paying. For example, if one accepts a settlement from the responsible party's insurance company before obtaining permission from their own insurance, then the underinsured motorist coverage can be voided.
Josh Myers is a premier Missouri car accident attorney. Over the years he has recovered millions of dollars in verdicts and settlements. His achievements have garnered many recognitions including induction into the Multi-Million Dollar Advocates Forum, induction into ATLA as a Top 100 Trial Attorney in Missouri, and being named as one of St. Louis' Top 10 personal injury lawyers by CitySpur.com. He handles severe injury cases throughout all of Missouri and Illinois and can be reached at 888-956-2487. He is also the author of The 7 Biggest Mistakes That Can Destroy Your Car Accident Case which is offered free of charge at his Missouri Personal Injury Lawyer website.
Also injured in the car wreck were Ashley Pierce and Shannon Mitchell. Pierce was riding in the car with Smith. It is reported she suffered a head injury (brain injury), concussion, and a broken pelvis. Mitchell was driving the truck and was said to have suffered a broken wrist.
As a Missouri Car Accident Lawyer, I wanted to use this case to illustrate some examples. First, we can all acknowledge the tragic nature of this accident and surely all of our hearts go out to all the families of those involved, especially to the Bridges. As for the legal issues involved, they revolve around the different types of insurance which may be involved here.
First, if Pierce maintained any automobile liability insurance, surely it must pay the full extent of its policy limits to everyone involved. But since she was a minor, I assume she lived at home with parents. Due to a very recent Missouri Supreme Court case, their separate policies of automobile insurance (if they have them) can also be made to compensate the injured parties.
Moreover, if the car belonged to Pierce's parents, then there is probably a valid claim for negligent entrustment against them for allowing her to use the car (if they in fact did allow her to do so). If they did, then their homeowner's insurance may also be responsible for compensating the injury victims. Most homeowner's insurance have a $300,000.00 policy limit.
Also, given the nature of Pierce's actions, her insurance company can be made to pay the injured parties immediately. If it delays, then a great Missouri car accident attorney will obtain a judgment and then sue her insurance company for bad faith refusal to settle and obtain the full extent of the judgment. In this type of case, a judgment may well exceed into the millions of dollars.
Finally, the parties involved may have underinsured motorist coverage. If they do, that will also come into play as Pierce's insurance company will surely have to pay the full extent of its policy limits. In Missouri, most of these policies contain a lot of fine print so that they can try and get out of paying. For example, if one accepts a settlement from the responsible party's insurance company before obtaining permission from their own insurance, then the underinsured motorist coverage can be voided.
Josh Myers is a premier Missouri car accident attorney. Over the years he has recovered millions of dollars in verdicts and settlements. His achievements have garnered many recognitions including induction into the Multi-Million Dollar Advocates Forum, induction into ATLA as a Top 100 Trial Attorney in Missouri, and being named as one of St. Louis' Top 10 personal injury lawyers by CitySpur.com. He handles severe injury cases throughout all of Missouri and Illinois and can be reached at 888-956-2487. He is also the author of The 7 Biggest Mistakes That Can Destroy Your Car Accident Case which is offered free of charge at his Missouri Personal Injury Lawyer website.
