St. Louis Injury Lawyer Blog

In a grand jury indictment Thursday, Daniel R.W. Mull was charged with reckless homicide and aggravated driving under the influence of alcohol. Mull, 33, was driving one of two motorcycles involved in a fatal accident on October 3, 2009. Both Mull's passenger, Lisa Caradonna, 41, and the other motorcycle driver, William Guffey, 42, were killed in the accident. The other passenger, Alison Crandall, 21, was injured but survived while the driver of the truck, Jonathan Basden, 34, was uninjured.

Authorities say that Basden was making a left turn on U.S. Route 40 when both motorcycles attempted to pass his truck on the left side, hitting the driver's side of the vehicle.

Continue reading "Granite City Man Charged After Fatal Motorcycle Accident" »

In court on Friday, Illinois State Trooper Matt Mitchell pleaded guilty to two counts of reckless homicide and aggravated reckless driving. The wreck occurred on November 23, 2007, when prosecutors say Mitchell was driving 126 mph and using his cell phone when his car struck another carrying two teenage sisters. The girls, Jessica Uhl, 18, and Kelli Uhl, 13, died at the scene of the accident after their car was engulfed in flames.

The Illinois State Police has not yet said whether or not Mitchell will lose his job; he was suspended from the force with pay after the accident. According to the Belleville News-Democrat, St. Clair County State's Attorney Robert Haida has stated that he believes Mitchell will have his license revoked.

Continue reading "Illinois Trooper Given Probation After Causing Fatal Accident" »

A Missouri family is in court once again after their daughter's death in 2003 while climbing a rock wall. Christine Ewing, 22, was climbing a wall at a Mid-Missouri Mavericks minor league baseball game in Columbia, MO when a safety cable broke. Ewing fell 20 feet onto asphalt. Police later discovered that the cable was not only rusty, but was frayed and held together with duck tape.

The owner of the wall, Marcus Floyd, was tried for involuntary manslaughter after the incident but ended up pleading guilty to misdemeanor assault. Ewing's parents sued Floyd in 2004 in a wrongful death suit that resulted in a $700,000 award. However, now the Ewings claim that the Mid-Missouri Mavericks hold some liability for letting Floyd allow the cord to fall into disrepair.

Continue reading "Missouri Parents Continue Lawsuit Against Baseball Team After Daughter's Death" »

Last week, Medora teenager Andrew Ruyle, 18, filed charges against Shipman Mayor Daniel Barnett, 56 for an incident that occurred last July. Barnett, who also serves on the Shipman police force, pulled Ruyle over while he was driving an ATV on a public road. Ruyle claims Barnett cut in front of his vehicle at a high speed, causing Ruyle to break two fingers on the hand brake of the ATV. Aside from allegations that Barnett disregarded the teen's safety while making the stop, the suit also claims that the vehicle Barnett was operating was not marked as a police vehicle and that no sirens or lights were used while making the stop. Ruyle, who was one of two ATV operators that night, was charged with illegal operation of an ATV on a state highway but has not pleaded guilty.

As a result of the accident, Ruyle developed a staph infection in one of the injured fingers resulting in hospitalization and the threat that the finger may have to be amputated if it does not improve. The injury has resulted in 3 surgeries to date. While no court date has been set, Ruyle is seeking damages in excess of $50,000 to cover his injuries and medical expenses.

Continue reading "Medora Illinois Teen Files Lawsuit Against Shipman Mayor" »

In Illinois, the minimum liability limit for motor vehicle coverage is $20,000 per person. It is commonly called a 20/40 policy, meaning that the insured is covered up to $20,000 per person that is injured, but no more than $40,000 to all injury victims per occurrence. This means if several persons are injured, they will be splitting $40,000. In blue collar areas such as Madison County, Illinois and Alton, Illinois, many drivers have these high risk policies.

Insurance companies, such as Affirmative Insurance, who write these policies do not give much protection to their insureds. The insureds are personally liable for all damages over the limit. For example, if a jury awards $50,000 in damages to an injured party, the insurance will pay their limit of $20,000, and the insured is personally liable for the additional $30,000.

Many drivers do not know what type of coverage they have or their liability limits. You should check your policy or speak with your insurance agent. Most good insurance companies will not write a 20/40 policy, and will not recommend this type of policy.

If you are injured by an insured with a 20/40 policy, expect a fight. They will often times fail to pay good claims, leaving injured parties with climbing medical bills and lost wages uncompensated. Further, they do not protect the personal assets of their insureds by getting the case settled within the policy limits - leaving their insureds exposed to personal liability.

How can you protect yourself against a driver with low limits? Increase your "underinsured/uninsured motorist coverage". All auto coverages provide coverage if you are injured by a driver without insurance (uninsured driver) or a driver with lower limits than you have (underinsured claim). For example, if you have a 100/300 policy, and sustain serious permanent injury in an auto accident, you will be covered by your own policy up to $100,000. This is how it works. If you are hit by an uninsured driver, your policy will protect you up to $100,000 as if the other driver were insured. If you are injured by an insured driver with a lower limit than you ("underinsured"), such as 20/40, your insurance company will cover you for the difference between their policy and your policy - in this case an additional $80,000.

This type of coverage is cheap. Ask your agent to increase your uninsured and underinsured limits. The more you have, the more you are protecting yourself regardless of the insurance liability limits of another driver. You can get limits of 100/300, 250/500, 500/1,000 or more - discuss this with your agent.

Continue reading "Illinois High Risk Auto Insurance Carriers Make It Difficult On Injury Victims" »

Madison County, Illinois, has been the subject of ridicule for a medical malpractice crisis. There is no crisis and never has been.

Over the past 10 years, there has been an average number of 5 medical malpractice cases each year that go to trial in Madison County, Illinois, and the significant majority of them result in verdicts for the physicians and hospitals. Unfortunately, this is far less than the perception of the public.

Why are there a limited number of medical malpractice cases filed? Under Illinois law, a case must be reviewed by a physician in the same field as the Defendant doctor or hospital, and this costs money - usually several thousand dollars. Most of the time, the review shows no malpractice - resulting in a loss to the client or attorney. In order to file suit, a physician's affidavit explaining the malpractice must be attached to the complaint.

Once the claim is filed, the doctor or hospital will begin defending the case. The insurance companies for the doctors and hospitals normally have the case reviewed by a board of physicians, compred of 25 or more physicians. All of them will render an opinion as to whether or not there is malpractice and advise the insurance company of their opinions. Even if there is a consensus of malpractice, the physicians generally have the final say on whether or not to admit malpractice and pay the claim. They rarely do - sometimes out of ego.

For clients and Plaintiffs attorneys, the risk is great. The cost of hiring expert physicians is great, ranging between $20,000 and $50,000 to prosecute one case. A loss at trial means these costs will not be recovered.

Due to the risk and expense of these claims, small claims are cost prohibitive. Generally, there needs to be significant injury, such as a wrongful death, and clear liability. If liability is not clear, insurance companies will not pay. Moreover, juries will not find for a Plaintiff in a close case - they always side with the doctor or hospital.

For these reasons, no frivolous claims are made. Most personal injury attorneys will not handle this type of claim. Further, there are only a limited number of attorneys who can afford to prosecute this type of claim, and spend the significant time required to research the medicine and work with experts.

The fact of the matter is that medical errors occur in Madison County, Illinois, as well as across the country. The national trend of increasing deaths due to medical accidents is a fact. Hearst newspapers have recently reported that the rate of these deaths has increased since 1999. This figure is appalling.

The effect of malpractice on families can be great. Victims can be affected for the rest of their lives. Patients are entitled to good patient care, and medical malpractice claims keep physicians and hospitals in check.

Continue reading "There Is No Medical Malpractice Crisis In Madison County, Illinois " »

The federal government estimates that 30% of all vehicle accidents in the U.S. are caused by driver distraction. This includes not only talking on the phone, but texting as well. Text messaging, or texting, is a term referring to the exchange of brief written messages between mobile phones, over cellular networks. It is very common among teenagers.

The State of Illinois has taken appropriate action. The Associated Press reports that Illinois has outlawed texting while driving. Illinois motorists will be issued a ticket if they send a text message or read their messages while their car is moving.

The law will be controversial because it does not outlaw reading navigation systems, but does outlaw texting.

Drivers are allowed to check messages if they pull over to the side of the road or are at a standstill in traffic, for instance at a train crossing when their car is in park or neutral.

Governor Quinn signed the bill at a ceremony at Northeastern Illinois University in Chicago with Secretary of State Jesse White.

The law firm of WWF&G regularly represents clients who are injured as a result of driver distraction. During a deposition in one case, it was confirmed that the Defendant driver of a vehicle was arguing with his wife on a cell phone, when he ran a stop sign at 70 mph. Not only did he cause severe and permanent injuries to the Plaintiff, but he was killed in the accident.

Continue reading "Illinois Outlaws Texting While Driving" »