Tragedy occurred on Highway 54 just west of Route A this past Sunday, July 11, 2010.  Three cars were involved in an accident in Audrain County, just east of Mexico, that left one dead and many others seriously injured.  The fatal wreck occurred when a 1998 Pontiac driven by Charles Howdeshell attempted to pass a 2004 Mazda.  The 2004 Mazda, driven by Douglas Hill, was in the right lane and Howdeshell tried to pass them on the left.  While attempting to do so, Howdeshell somehow struck the 2004 Mazda causing it to lose control.  This sent Douglas Hill's Mazda into oncoming traffic where it then collided head on with a 2008 Chevy driven by Robert Becker.  This caused extensive damage to both Hill and Becker's car.

Seated in Hill's 2004 Mazda were Jay Ballenger and Karen Ballenger of Tipton, Iowa.  Also in the car was Lynn Fraker.  Unfortunately, Fraker was killed in the accident and pronounced dead at the scene.  Both Karen and Jay Ballenger were described as seriously injured and were taken by ambulance to the Audrain Medical Center. 

Seated in Robert Becker's 2008 Chevrolet was the rest of his family which included Alexander Becker, Christopher Becker, Denise Becker, and Mackenzie Becker.  The entire Becker family sustained injuries and were taken to the Audrain Medical Center except for Mr. Robert Becker who was later flown by helicopter to University Hospital. 

The most disturbing part of this crash is that the man, who caused it all, Charles Howdeshell, was arrested and charged with numerous crimes including involuntary manslaughter, second degree assault, driving under the influence of drugs (DUI), possession of marijuana, and careless driving.  Incredibly, he has been reported as posting $250,000.00 bail to get out of jail for the time being.

If Mr. Howdeshell was in fact driving under the influence of drugs, I hope they throw the book at him for all of the devastation he has caused.  As a St. Louis, Missouri car accident lawyer, I have seen first-hand the damage that can be caused by driving under the influence.  In this case, several people lives have been changed forever.

From a legal perspective,   there are a number of things involved here.  First, Mr. Howdeshell is listed as being insured by American Family Insurance.  Undoubtedly, there is not enough insurance to go around to compensate for all of the damage caused by this.  In these instances, a very smart personal injury lawyer would try to set American Family up for bad faith (which the way they operate, is not hard to do).  This means that an unqualified settlement demand for the policy limits must be sent, giving them a very short time frame.  If they don't pay it pursuant to those terms within the time given, the case can then proceed to a jury who will assess by their verdict the full amount of the damages for the destruction caused by Mr. Howdeshell.  Later case can be pursed directly against American Family to make them pay the entire amount of that verdict.  This is called a bad faith lawsuit. 

Additionally, given that he has been charged with driving under the influence of drugs and was also in possession of drugs, a claim can be made against the owner of the vehicle for negligently allowing him to driver their vehicle.  The only reason these types of claims are made is to find additional insurance coverage to compensate these injuries.

Finally, in these events where the defendant does not have enough insurance to pay for all of the damage, the injured parties may have underinsured motorist coverage on their own car insurance policy.  Underinsured motorist coverage is specifically for this type of incident where there is not enough coverage to go around.  Essentially, a claim is made against your own coverage for that additional benefit.

For now, our hearts go out to the Fraker family and we hope that everyone else recovers quickly from their injuries.  Finally, we hope that the justice system does its part to ensure that Mr. Howdeshell never drives again.

Joshua P. Myers is a Premier Missouri Car Accident Attorney.  Based in St. Louis, Missouri, his firm handles catastrophic car accident cases throughout the entire state.  He is a member of the American Trial Lawyers Association as one of the top 100 trial lawyers in the state.  He is also inductee of the Multi-Million Dollar Advocates Forum limited to those attorneys, which have achieved single case recoveries of two million dollars or more.  He can be reached directly at 888-956-2487 or 314-720-2706.  It is always free to call and talk about a case and there are never any fees or money required up front.  Rather all fees are taken as a percentage of the recovery he obtains for his clients.

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. 

It has now been reported that 52-year-old Charles A. Martin of Perryville, Missouri was one of the two victims killed in Wednesday's catastrophic tractor-trailer collision on I-55 near McNutt Road.  28-year-old Alana McKnight has been identified as the other victim. 

Charles was driving a 2005 Ford Focus at the time of the crash.  It was one of three cars reportedly hit from behind by a semi tractor-trailer driven by Jay L. Valentine of Texas. 

Our previous posts about this wreck include:

Fatal Herculaneum I-55 Truck Accident - A Legal Analysis 

Missouri Truck Accident Lawyer Discusses Heruclaneum Semi-Truck Crash 

 

Mr. Valentine has not yet been charged in connection with this collision.  However, that may still occur as the Missouri Highway Patrol continue to investigate the wreck.  It is expected that it may be two more weeks before the report is finalized.

For now, our hearts and prayers go out to the families and loved ones of Charles Martin and Alana McKnight. 

 

28-year-old Alana McKnight has just been identified as one of the victims in Wednesday's fatal semi-truck crash on I-55 near McNutt Road in Herculaneum.  Alana was killed when a tractor-trailer truck driven by Jay Valentine of Texas smashed into the rear of several cars, including hers.  It is currently believed the wreck occurred because the semi truck driver was not paying attention.  Previous posts about the accident can be viewed here:

• Fatal Herculaneum I-55 Truck Accident - A Legal Analysis 
• Missouri Truck Accident Lawyer Discusses Heruclaneum Semi-Truck Crash 

Alana is a single mother who leaves behind a 10-year-old daughter.  I thought the news coverage pictured above did a good job of capturing the lives she touched and the loss that will be left behind. 

This is a senseless tragedy and my hearts and prayers go out to her family and most of all her young daughter.  I would hope that someone will be setting up a fund to help support her daughter - if anyone knows of that, please leave the details here in the comment section. 

 

Yesterday, I commented on a catastrophic truck accident that occured on I-55 near McNutt Road in Herculaneum, Missouri.  You can read that original post on our St. Louis Personal Injury Lawyer Blog.  Today, updated details have been released.  As of yesterday, it was being reported that one person had died and several other had been severely injured.  Unfortunately, two people have now died.  This includes a 52-year-old man and a 28-year-old woman from Festus.  Out of respect for the families, the names are being withheld.

One name that is being reported is that of Jay L. Valentine from Texas.  He is identified as the truck driver who caused the collision.  Authorities have not filed any charges against him, however, the Missouri State Highway Patrol will continue their accident reconstruction investigation which is expected to take up to two weeks.

As for the legal analysis, there are multiple potential claims here.  First, Missouri's wrongful death statute applies and grants the right for the families of those killed to file a lawsuit.  Under Missouri law, potential plaintiff's are divided into three classes:

• Class 1 - this includes the parents, spouses, and/or children of the deceased;
• Class 2 - brothers and sisters of the deceased;
• Class 3 - a court-appointed representative.

Essentially how it works is that any person in Class 1 has priority to file a wrongful death claim.  If there are no persons who fit into Class 1, then members of Class 2 have priority.  Wrongful death claimants are allowed to recover by law, not only for the loss of their loved one, but also for the loss of the financial support.  This means that minor children can recover for all of the years worth of financial support they would have received.  Obviously this money is put into a protected fund to make sure it is not squandered or wasted, but rather is there to provide for the child as he or she grows older.  Additionally, spouses can recover by law the financial support that they have been deprived of.  This is often the case when the breadwinning spouse is killed.  The other spouse, often a stay at home mom, is left with no source of income.  Missouri law allows the wife in that situation to recover for all of her husband's lost income. 

As a specialized Missouri Truck Accident Lawyer, I know the games the truck companies and their insurance companies play after a tragedy like this.  They know they will have to compensate these families.  Rather, they try to severely limit the amount they will pay.  It happens every day.  A great attorney who knows how to handle a truck accident case will make sure that they do not get away with this and pay these families equal to what they took away.

Joshua P. Myers is a Premier Missouri Personal Injury Lawyer.  He is a founding partner of his law firm and also the President of Missouri Injury Law, LLC.  His firm specializes solely in severe and catastrophic injury cases with an emphasis on commercial motor vehicle collisions (Semi-Truck Wrecks) - click here for his Missouri Truck Accident Website.  He is a member of the Multi-Million Dollar Advocates Forum - membership is limited to only those top attorneys who have achieved multi-million dollar recoveries in a single case.  Based in St. Louis, MO, his firm handles cases throughout all of Missouri and Illinois.  He can be reached toll-free at 888-956-2487.  It is always free to discuss a potential case and there are never any upfront fees to retain his firm.  Rather, attorney's fees will be taken as a percentage of the recovery and the firm will also front all case expenses.

56-year-old construction worker, Gregory Glover of Eureka, was killed Friday morning while working on a road-widening project on Highway 5 in Boonville, Missouri.  Glover was off the road and wearing a reflective vest, and he was pronounced dead at the scene. 

He was struck just after 10:00 am by Karen Redfern, of Boonville, who then proceeded to crash into a ditch.  The speed limit was 45 mph, but it was well marked with cones and signs, according to the Highway Patrol.  Redfern was not injured in the accident.

Court records indicate that Redfern was intoxicated on alcohol and drugs.  She admitted to drinking, but claims she didn't remember the crash.  Redfern was arrested and is being charged with armed criminal action, first-degree assault with physical injury,  first-degree involuntary manslaughter, and driving while intoxicated-prior offender.  She has completed a substance abuse program after she was charged with drinking and driving in July 2008.

This tragic story illustrates the dangers of drinking before getting behind the wheel.  But in this particular case, criminal charges definitely seem warranted.  How is it that Karen Redfern can't remember the crash?  Is it because she was extremely drunk?  Her Blood Alcohol Content has not been disclosed.  But we do know that she ran completely off the road where she struck Glover who was wearing a reflective vest.  And yet she doesn't remember any of this!  Of course, it should not go unnoticed that Karen Redfern previously pled guilty to drunk driving in July 2008.

In wrongful death cases, Missouri law holds that there are three classes of possible wrongful death claimants.  Generally, a spouse, children, or parents of the killed driver is eligible to bring a wrongful death case. 

If you have been injured and would like to speak with a Missouri Car Accident Lawyer, contact Josh Myers at 888-956-2487.  It's always free to talk about your case and there are no fees unless and until we recover on your behalf. 

Recently, truck driver Jeffrey R. Knight, caused an 11-car pile up on Highway 40 just west off Interstate 270 near Chesterfield, MO.  Our initial report is that 16 were injured, including several fatalities.  Ironically, the trucker was not injured.

Witness Frank Steinhoff was in the lane next to the trucker.  Steinhoff estimated the truck was traveling approximately 75mph - well over the speed limit.  He said the truck never slowed down, but rather "He kept going and hitting cars".  

Sgt. Al Nothum of the Missouri Highway Patrol said that Knight basically "ran over several vehicles".  Sgt. Nothum further stated that he had a pretty good idea of what caused Knight to leave this path of destruction, but declined to disclose the details.  However, he did indicate that he did not believe drugs or alcohol played any role.  

The destruction was so massive that authorities spray painted numbers on all of the cars involved for help in the investigation.  

In a very tragic accident, a 2-year-old child died this past Saturday after being thrown from an ATV.  The child was riding with 29-year-old Nicholas Moore.  There is no description of the relation between Moore and the child.  The pair were riding the ATV on private land near Jeffriesburg Road in Eureka, Missouri.  This is in Franklin County, MO. 

Apparently, the accident occurred when Moore hit the throttle.  After doing so, he fell off the back of the ATV which continued forward and ran into a tree.  The impact with the tree is what caused the child to be thrown from the ATV.  He was transported by ambulance to St. John's Mercy Hospital in Washington, Missouri where he was pronounced dead.

This type of case would be governed by Missouri's wrongful death laws.  As a St. Louis Accident Injury Lawyer, I'm often asked who is able to sue for the death of a family member.  In Missouri, there are three different levels of people able to sue.  In this situation, the child's parents are the first class.  If there are no parents, then the child's siblings become eligible to sue.  If there were no siblings, then the class extends to extended relatives.

Often times, people question why parents would want to file a lawsuit over a case like this.  That's a personal question that would be answered differently by each person.  But the law does allow parents to recover for the loss of companionship with their child.  Often times, it is not about money for the parents.  Rather, it can often be about just and vindication for the fatal accident. 

In this case, there would be a number of aspects to investigate.  Obviously, the focus would start with Mr. Moore.  He may have negligently caused the fatal accident in a number of ways including:

• failing to properly restrain the child,
• failing to properly operate the ATV,
• failing to be adequately trained before using the ATV,
• failing to provide appropriate safety equipment for the child (such as a helmet)

In fact, he may be negligent for even putting the 2-year-old child on the ATV in the first place.

ATV's are very dangerous machines and many lawsuits arise over their use.  In this particular case, the focus should not stop at Mr. Moore's actions, but rather there should be investigation into the ATV itself.  It is possible that the throttle was too high - so that when Mr. Moore pressed it, the ATV took off faster than what was reasonably safe. 

It is unknown whether anyone in this case has contacted a Missouri Personal Injury Lawyer or ATV Products LIability Attorney.  For those who have been injured, feel free to contact St. Louis Injury Attorney Joshua P. Myers.  You can call 314-720-2706 or toll-free at 888-956-2487.  It's always free to discuss a case and there's never any attorney's fee until we recover.