Columbia Missouri Car Accident Lawyer Blog

According to the Centers for Disease Control and Prevention, more than 2.3 million drivers were treated in emergency rooms in 2009 following motor vehicle collisions. As Columbia personal injury lawyers, we know that a serious car accident can have life-altering implications, especially when you or a loved one has suffered a catastrophic injury with long term consequences. In this post, we discuss a few of the more serious injuries that can affect car accident victims. Sadly, these injuries are all too common.

Traumatic Brain Injury
Traumatic brain injuries (TBIs) can cause permanent, irrevocable brain damage, but symptoms don't always show up right away. For this reason, if you sustain a blow to the head in a car accident, you should seek immediate medical attention, even if you think you feel fine. "A patient can appear so deceivingly normal at first," Dr. Carmelo Graffagnino, director of Duke University Medical Center's Neurosciences Critical Care Unit, told CNN. "But they actually have a brain bleed and as the pressure builds up, they'll experience classic symptoms of a traumatic brain injury."

Symptoms of a TBI may include headaches, blurred or double vision, difficulty concentrating or remembering, and loss of consciousness. In the long run, TBIs can cause memory issues, cognitive impairment, loss of mobility, sight or hearing problems, emotional disorders, paralysis and even death.

Neck and Back Injuries
Injuries to the neck and back are common in motor vehicle accidents. In many cases, these injuries are caused by the sudden jerking that accompanies a collision. Soft tissue injuries like whiplash can cause muscle spasms, muscle weakness, tingling, numbness, and chronic pain. Injuries to the spinal cord can result in a number of permanent consequences, including nerve damage, loss of feeling in certain parts of the body, and paralysis.

Many back and neck injuries are easy to recognize, but soft tissue injuries are more complicated. The symptoms don't always show up right away - and injuries like whiplash can't be seen on a standard X-ray. Once again, it's best to see a doctor as soon as possible following a crash.

Broken or Fractured Bones
Car accidents can exert an extraordinary amount of force, and vehicle occupants are often subjected to the same level of force. Thus, it's common for accident victims to suffer broken or fractured bones. Under certain circumstances, severe fractures can require reconstructive surgery, rehabilitation, or extended medical care. Victims can experience long-term pain, nerve damage, infection, and a higher susceptibility to arthritis. These consequences can have a permanent effect on the victim's mobility.

Continue reading "Columbia car accidents can cause catastrophic injuries with long-term consequences" »

The Federal Highway Administration (FHWA) reports that a pedestrian is killed or injured in the United States every seven minutes. Here in Missouri, a pedestrian was killed or injured every six hours throughout 2011. In this post, our Columbia car accident lawyers share some startling facts about U.S. pedestrian accidents, along with a few tips to help keep you safe as you walk Missouri roads.

Pedestrian accident statistics:

• According to the National Highway Traffic Safety Administration (NHTSA), 4,280 pedestrians died and an estimated 70,000 more suffered injury in U.S. auto accidents in 2010.

• NHTSA data indicates that children and the elderly are have the highest risk of involvement in pedestrian accidents. In 2010, children under age 15 accounted for 7% of all pedestrian fatalities and 23% of all pedestrians injured in auto accidents. Meanwhile, people over age 65 accounted for 19% of all pedestrian deaths and about 11% of pedestrian injuries.

• Nearly ¾ of pedestrian deaths occur in an urban setting, and almost 80% of fatal collisions involving pedestrians occurred at intersections versus non-intersections.

• Surprisingly, weather does not appear to be a contributing factor to pedestrian accidents. NHTSA officials report that 88% of 2010 pedestrian deaths occurred in normal weather conditions, as opposed to rainy, snowy or foggy conditions.

• Time of day, however, seems to be a pertinent factor. Approximately 68% of 2010 fatal pedestrian accidents occurred during the nighttime.

• Alcohol use was a factor in 47% of auto accidents resulting in a pedestrian fatality, either for the driver or the pedestrian.

Safety tips for Missouri pedestrians:

• Make yourself visible. Take steps to ensure you can be easily seen by motorists who may be driving near you. Wear brightly colored clothing - and if you're walking at night, use reflectors, carry a flashlight, and try to stick to well-lit areas. Before you cross a street, be sure to stand clear of any obstacles (parked vehicles, shrubs, etc.) that might keep a driver from seeing you.

• Stay focused on what's happening around you. Watch for vehicles and be alert to what drivers are doing - avoid using a cell phone or wearing headphones. Never assume that a driver sees you, or that he or she will stop and allow you to cross. Additionally, keep your ears peeled for vehicle noises, like engines starting or backup alerts from larger vehicles.

• Always cross with care. Look both ways (left, right, then right again) before you walk into the street. If possible, use marked crosswalks or cross at intersections, and be sure to obey traffic signals. You'll also want to watch for vehicles that might be turning onto your street.

Continue reading "Missouri pedestrian safety: The facts (and a few safety tips)" »

Most drivers don't get behind the wheel expecting to be involved in a crash. And yet, as our Columbia personal injury lawyers know, thousands of car accidents happen every single day in the U.S. In this post, our attorneys share some defensive driving tips to help reduce your accident risks.

Defensive Driving: Ten Tips for Missouri Motorists

1. Make defensive driving your top priority. The most basic step you can take toward becoming a defensive driver is to keep all your attention on the road in front of you. Stay aware of what other vehicles are doing, and remember to be prepared for the unexpected.

2. Put your cell phone away. As most people know, distracted driving has become a problem of epidemic proportions. Federal data indicates that drivers who use hand-held electronic devices are four times more likely to be involved in collisions resulting in injury. If you're talking or texting while you drive, you're automatically less able to identify potential issues and react to them safely.

3. Practice "high eyes" driving. When driving, it's easy to limit your attention to the vehicle traveling in front of you. However, doing so can prove problematic - especially if that vehicle's driver isn't paying attention. By keeping your eyes high, you can monitor the traffic ahead, which gives you extra time to decide how to react to an upcoming obstacle.

4. Be cautious when you change lanes. Lots of auto accidents happen as drivers move from one lane to another - one driver might cut another driver off; two drivers might try to merge into the same lane at the same time; etc. If you pick a lane and stay with it, you're automatically doing away with several factors that often contribute to crashes.

5. Watch for "fast lane changers" and "blind lane changers." Be on the lookout for drivers who continually dart in and out of different lanes, as well as those who change lanes without looking.

6. Avoid making eye contact with dangerous drivers. Research has shown that many road rage incidents begin when one driver makes eye contact with another. If you find yourself traveling near someone who is driving dangerously, don't engage or challenge that driver: swallow your pride, and make sure you - and your passengers - are out of harm's way.

7. Always look both ways. It sounds elementary, but all too often, many drivers neglect to look both ways before they pass through an intersection. Even if you have the right of way, even if the light is green, be sure to double check that the roadway is clear. Many T-bone and side impact crashes happen when drivers run red lights or fail to yield.

8. Don't follow too closely. Following too closely is a leading contributing factor in rear-end collisions, which can be especially brutal at highway speeds. Allow plenty of distance between your vehicle and the one in front of you.

9. Be patient. Give yourself time to arrive safely at your destination. If you encounter congested traffic, avoid impatient, risky maneuvers. Remember, arriving late is better than being involved in a crash.

10. Buckle up. Wearing a seat belt is the easiest, most reliable way to reduce your risk of car accident injuries.

Continue reading "Defensive driving: How to reduce your auto accident risks in Columbia, Missouri" »

Merry Christmas! The holiday season is here, which means many drivers will be hitting the road in Missouri and nationwide. This year, winter weather conditions have already created some travel headaches throughout the Midwest - and there's more snow and ice expected in the days ahead.

Yesterday, heavy snow and whiteout conditions contributed to a fatal 25-vehicle pileup north of Des Moines, Iowa. Authorities say the winter weather blinded drivers on Interstate 35, making it impossible for them to see vehicles that had slowed or stopped on the road. These conditions resulted in several chain reaction crashes involving several semi-trucks and passenger vehicles. Two people died in the incident: 27 year-old Colby Bostick and 43 year-old Sheila Blood, both of Arkansas. Bostick was reportedly killed when she was struck by a vehicle after she got out of her car to check on one of her passengers. Seven others were injured in the pileup.

At the same time, jackknifed tractor trailers shut down sections of Interstate 80, and, closer to home, Interstate 29 was closed down from St. Joseph, Missouri to the Iowa border.

Traveling in winter weather: A few holiday travel tips

• Slow down. Traveling in winter weather requires drivers to make adjustments, given the conditions. Reducing your speed is especially important, since you'll need to be able to stop safely if a situation or obstacle presents itself. In good conditions, you should allow about three seconds between your vehicle and the one in front of you, but safety advocates recommend you increase that distance to eight to 10 seconds in winter weather.

• Know your vehicle's limitations. Don't assume that your vehicle can handle any and all weather conditions: snow and ice can be troublesome for all vehicles, including those with four-wheel and front-wheel drive.

• Make sure you can see, and be seen. Drive with your lights on to make it easier for other motorists to see you, and keep your windshield and your lights clean as you travel.

• Avoid sudden maneuvers. Attempting to turn or brake suddenly can prove disastrous in winter weather. Signal your intentions in advance, and refrain from slamming on your brakes. Braking gently will reduce your risk of skidding - and if you do skid, ease off the brake slowly.

• Take precautions. Wear your seat belt, and make sure your passengers are buckled up as well. Give yourself plenty of time to travel so you don't feel you have to rush. Also, it's wise to carry a roadside emergency kit in your vehicle - jumper cables, blankets, flashlights and other similar items can come in handy if you find yourself stranded.

Continue reading "Winter weather may cause holiday travel headaches, car crashes in Columbia, Missouri & nationwide" »

An Illinois family has filed a wrongful death lawsuit against an emergency medical technician (EMT) who allegedly struck a man with his vehicle and then left the scene. According to the Chicago Tribune, the lawsuit was filed by the family of Ronald Bougan, who died on November 5 in a Maine Township forest preserve. A bicyclist discovered Bougan's body lying in the grass beside the road and contacted authorities, who determined that Bougan injuries were consistent with a pedestrian vs. car accident. They immediately began searching for the at-fault driver.

During their investigation, deputies with the Cook County sheriff's office examined vehicle debris that was found at the scene. They began canvassing local body shops, hoping to find the damaged vehicle - and their investigation proved successful. Deputies discovered a black Dodge Challenger had been dropped off for a repair estimate, and the damage to the vehicle matched the debris. Ultimately, they arrested the owner, 36 year-old Kristian Hernandez, and charged him with leaving the scene of a crash and failing to report a fatal accident, which is a Class I felony. Hernandez reportedly admitted to his involvement in Bougan's death. He apparently has a criminal record that includes arrests for violating a protective order, domestic battery, and possession of a stolen vehicle.

In the lawsuit, Bougan's family says Hernandez was speeding; that he failed to remain in his lane; and that he failed to stop and help Bougan. At the time of the collision, Hernandez was employed as an EMT at a private ambulance company.

Hit and Run Accidents: The Facts
In Missouri, a driver is guilty of hit and run if he leaves the scene of a crash "knowing that an injury has been caused to a person or damage has been caused to property, due to his culpability or to accident, he leaves the place of the injury, damage or accident without stopping and giving his name, residence, including city and street number, motor vehicle number and driver's license number." Under the law (Section 577.060 RSMo), leaving the scene of an accident is considered a class A misdemeanor, unless the accident caused one of the following outcomes:

(1) Physical injury to another party; or
(2) Property damage in excess of one thousand dollars; or
(3) If the defendant has previously pled guilty to or been found guilty of a violation of this section.

Under these circumstances, the offense becomes a class D felony.

Continue reading "Wrongful death lawsuit accuses Illinois EMT of hit and run" »

Four people were injured - one seriously - when an uninsured driver crashed his vehicle into a large boulder alongside the road in Milford, Massachusetts. The Milford Daily News reports that 19 year-old Juan Delgado was behind the wheel when his car left the roadway and smashed into the boulder. Delgado and two of his passengers were taken from the scene by ambulance. A third passenger, 21 year-old Johnny Castro, was airlifted from the scene. Emergency responders had to block off the street and use hydraulic rescue tools to free Castro from the mangled vehicle. He reportedly suffered from compound fractures, head injuries, and other trauma.

An investigation of the accident is ongoing. Authorities believe excessive speed and alcohol use contributed to the crash. Delgado has been charged with drunk driving causing serious injury; negligent driving; speeding; driving an unregistered vehicle; and driving an uninsured motor vehicle.

Under Missouri law, all drivers are required to carry some form of motor vehicle liability insurance coverage. However, unfortunately, not all drivers follow the law. An estimated 10 to 15% of Missouri drivers get behind the wheel without appropriate insurance - which, according to the Missouri Department of Revenue, results in thousands of accidents every year that involve uninsured motorists. The victims of these crashes are often left to worry about who will cover their medical bills, lost wages and other expenses.

The aftermath of an auto accident can be extremely overwhelming, even when everyone is properly insured and it's clear who was at fault. And if you've been seriously injured in a collision, the physical pain you're feeling can make it difficult to focus on practical issues - like your expenses. When such a collision is caused by the negligence of an uninsured driver, the situation can be all the more difficult.

Under these circumstances, injury victims may still be able to recover compensation under their own uninsured motorist coverage. Missouri law also required drivers to carry uninsured motorist coverage of at least $25,000 for bodily injury per person and a minimum of $50,000 for bodily injury per accident. This component of your policy makes it possible for you to recover damages from your own insurance provider, should you be involved in a crash with an uninsured driver.

Continue reading "Uninsured drivers create headaches for Missouri motorists" »

A probate judge has approved a $4.1 million settlement to the estate of a Connecticut teenager who died in a high speed crash with a police car. The Milford-Orange Bulletin reports that 19 year-old Ashlie Krakowski was killed in June 2009 when her vehicle was struck by a police cruiser that was traveling over 90 miles per hour without its emergency lights activated. Krakowski, who was riding as a front seat passenger, was ejected from the vehicle and thrown 20 to 30 feet into an embankment. David Servin, 19, who was driving Krakowski's vehicle, also died in the crash.

The driver of the police car, Officer Jason Anderson, 37, was reportedly traveling 94 miles per hour in the moments leading up to impact, which happened as Servin was attempting a left turn. Anderson was not responding to an emergency call, but instead was answering a "mutual aid" call to a "potential melee involving several hundred people" at a nightclub only a few miles from the site of the collision. A dashcam video (captured by a police cruiser behind Anderson's car) led to allegations that the police officers were racing that evening. The other officer was never formally charged with any crimes in connection with the crash.

Following the accident, an autopsy revealed that Servin's blood alcohol content was) 0.14%, nearly twice the legal limit for an adult. In Connecticut, Servin's BAC was actually seven times the legal limit for someone under 21.

Anderson was charged with two counts of manslaughter, but in early November, he was acquitted on those charges but convicted of lesser offenses: misconduct with a motor vehicle and reckless driving, in connection with the deaths of Krakowski and Servin. He could face up to 10 years in prison when he is sentenced in January. His attorneys are currently attempting pursuing a motion to have the verdict overturned.

Krakowski's estate settled its wrongful death lawsuit on November 26. The settlement provides $3.5 million to be paid by Officer Anderson and the city of Milford's insurer; and $500,000 to be paid by the administrators of Servin's estate (his parents, via their insurer). In March, Servin's parents received a 2.5 million settlement from Anderson and the city of Milford.

Continue reading "$4.1 million awarded to teen's estate following her death in high speed crash" »

On Thursday, four people were killed and 16 more were injured when a freight train struck a parade float carrying U.S. military veterans and their spouses. It happened at a railroad crossing in Midland, Texas, during the city's "Hunt for Heroes" parade, an event that was supposed to kick off a weekend of festivities to honor wounded veterans.

According to NewsWest 9, the last two floats in the parade were flatbed trucks equipped with seats for the military men and their wives. The first truck made it through the crossing without incident; however, as the second truck pulled onto the tracks, the crossing gate dropped and the warning lights began to flash. Some of the float's occupants were able to jump off the truck, but witnesses say it was a mere matter of seconds before the freight train, traveling approximately 62 miles per hour, slammed into the float.

Two veterans were pronounced dead at the scene: 37 year-old Army Sgt. Maj. Gary Stouffer and 47 year-old Army Sgt. Maj. Lawrence Boivin. Two more were pronounced dead at a local hospital: 43 year-old Army Sgt. Maj William Lubbers and 34 year-old Army Sgt. Maj. Joshua Michael. Boivin and Michael reportedly pushed their wives to safety prior to the collision. Of the injured, one person is in critical condition; four others are listed as stable; and ten victims were treated and released.

Officials from the National Transportation Safety Board (NTSB) are investigating the collision. They have not yet determined if the crossing's lights and gate were functioning properly at the time of the crash. Investigators will review numerous pieces of evidence in the coming days, including "black box" digital recorders; video footage captured by a camera on the train; and separate footage caught by dashboard camera in a sheriff's car that was behind the float. Early next week, the NTSB plans to re-create the accident conditions to help investigators judge "What could be seen, when, (and) where?", according to Board spokesman Mark Rosekind.

Collisions at Railroad Crossings: Basic Facts and Statistics

• There are more than 217,000 railroad crossings throughout the United States, and over 134,000 of those crossings intersect with public roadways. (Angels on Track)

• After the emergency brakes are applied, a freight train traveling at 55 miles per hour can require a mile or more to come to a complete stop. That's roughly the length of 18 football fields. (Operation Lifesaver)

Continue reading "Freight train strikes parade float carrying wounded veterans, leaving 4 dead, 16 injured" »

A New Jersey man has pleaded guilty to reckless driving over a year after he caused a distracted driving accident that killed a pregnant woman and her unborn child. According to the Washington Township Times, 22 year-old Daniel Pereira entered the plea in municipal court, where his case was sent when county prosecutors decided they did not have a criminal case against him.

On June 1, 2011, Pereira was behind the wheel, allegedly distracted by looking at the GPS system on his phone, when his vehicle drifted across the center line into oncoming traffic. One car was able to swerve out of the way, but Pereira hit the next vehicle head on. The driver, 28 year-old Toni Donato-Bolis, was killed in the crash, along with her unborn son, Ryan. Her due date was only two days after the accident: she was driving home from her last doctor's appointment when Pereira drifted into her path.

Following an investigation of the crash, prosecutors found themselves unable to indict Pereira on criminal charges, and so they were forced to pursue his case in municipal court. In exchange for his plea, Pereira will lose his license for a year and pay a fine of $257. Over the next three years, he is also required to attend three anti-distracted driving presentations given by Donato-Bolis's sister, Angela Donato, who became active in spreading awareness about distracted driving after the crash. She visits local school's to tell Toni's story, and she testified about the accident in front of the New Jersey legislature earlier this year.

In fact, Angela Donato and her family worked tirelessly to support the Kulesh, Kubert and Bolis Bill, which was signed into law in July of this year. Under the new law, prosecutors can charge distracted drivers with vehicular assault or homicide when they cause accidents that result in serious injuries or fatalities. Had the law been in place in June 2011, Pereira would have faced much more severe consequences. "Now I can say [Toni] didn't die in vain," said Angela Donato. "Her name is honored, her memory is honored."

According to the National Highway Traffic Safety Administration, 39 states, Washington D.C. and Guam have laws that prohibit all drivers from texting when they're behind the wheel. In addition, 10 states, D.C. and the Virgin Islands ban all cell phone use in all drivers. Missouri remains one of the only states that have yet to pass a texting ban: our state's only distracted driving law prohibits texting in drivers age 21 and younger.

Numerous studies have demonstrated the dangers of using electronic devices while driving. According to research from Monash University, drivers who use hand-held devices are four times more likely to be involved in accidents that cause injuries. And a 2011 Harris Poll found that 60% of drivers use cell phones in some manner when they're on the road. Safety advocates stress that awareness - especially among young people - is the only way to stop these accidents.

Continue reading "Man pleads guilty to reckless driving in distracted driving crash that killed pregnant woman and her unborn child" »

On Friday morning, a 16 year-old driver was killed and three other teens were injured when their vehicle ran off the road and smashed into a tree on Detroit's east side.

"The only thing that makes sense is that the car went sideways into a tree and bounced off," reported Bill Szumanski with WWJ TV. "The windshield is laying about 20 feet in front. The two front doors, one of them is in the street and the other is on the other side of the sidewalk in somebody's front lawn."

The driver, 15 year-old Tyrone Lamb, was pronounced dead at the scene of the crash. Two passengers, both age 15, are hospitalized in critical condition, while a 14 year-old passenger is listed as stable. Local law enforcement officials believe a fourth passenger fled on foot. Lamb's mother told WXYZ News that the teen snuck out during the night, and police say the vehicle was stolen. Authorities continue to investigate the incident, but early reports suggest Lamb may have been traveling near 100 miles per hour when the crash occurred.

Federal data from the National Highway Traffic Safety Administration reveals that approximately 5,000 U.S. teens are killed in car crashes every single year. Closer to home, about 55% of Missouri teens surveyed admit to driving at least ten miles over the speed limit on a regular basis - and of course, many teens who speed don't admit it at all. And while it's been a commonly held perception that young male drivers are more dangerous on the roads, recent studies are discovering that female teens are now just as likely to speed.

It's not just teens who have speeding related accidents, of course. Speeding can mean a driver is traveling faster than the posted limit, but it can also mean that a driver is simply traveling too fast given specific road or weather conditions. Most drivers are aware that the faster a vehicle is going, the longer it will take to stop. However, sadly, many drivers are all too willing to take that risk - and the consequences are often deadly.

Excessive speed has shown up as a contributing factor in nearly one third of all fatal crashes nationwide. Columbia teens should be aware of the ramifications of speeding as it pertains to serious auto accidents.

Speeding:

• Lengthens the amount of time needed to stop
• Reduces control over the vehicle in an emergency
• Reduces the amount of available time needed to avoid a crash
• Increases the likelihood of being involved in a car crash
• Greatly increases the severity of a crash

Continue reading "15 year-old driver killed, 3 teen passengers injured in run-off-road (ROR) wreck" »

A California man is being sued for wrongful death in connection with a fatal wrong-way crash that killed a mother of four. According to the Santa Cruz Sentinel, the lawsuit names the surviving driver, 28 year-old Eric Weers; his father; and the Santa Cruz Community Counseling Center.

On July 11, 2011, Weers reportedly drove north off an exit into the southbound lanes of Highway 17. Several drivers swerved to avoid his vehicle, but within moments Weers struck a 1999 Chrysler Concorde head on. The driver of that vehicle, 49 year-old Ana Barajas, was pronounced dead at the scene of the crash.

Weers was uninjured in the collision. When law enforcement officials responded to the accident, Weers allegedly said that he drove the wrong way on purpose, with the intent of causing injury to a random victim. He was arrested and subsequently charged with first-degree murder.

In January 2012, Weers appeared in court and pleaded not guilty by reason of insanity. His attorney says Weers had been diagnosed with schizoaffective disorder and was being treated for the illness at the time of the accident. In 2010, Weers was reportedly prescribed five separate psychiatric drugs, but his attorney claims he had not been taking his medication in the week leading up to the crash.

Weers is currently in the process of undergoing a required psychiatric evaluation, which is required for an insanity defense. A jury will hear the results of the evaluation and decide whether or not Weers was mentally capable of controlling his behavior. If he is found to be insane, he will most likely be transferred to a mental health facility, the Sentinel reports. Otherwise, he will stand trial for murder.

The wrongful death lawsuit against Weers was filed by Barajas's four surviving children. It seeks damages from Weers and his father, who owned the vehicle Weers was driving when the crash occurred. It also alleges that the staff at the Community Counseling Center failed to exercise ordinary standards of care, maintaining that "staff knew, or should have known, that Weers was a reckless driver who disobeyed traffic laws, and that he was likely to injure someone while driving."

Continue reading "California man sued for wrongful death after intentionally causing fatal wrong-way crash" »

An Oregon woman has been charged with second-degree manslaughter, reckless driving and recklessly endangering others after police say she caused a distracted driving crash that killed a motorcyclist. According to the Register-Guard, authorities arrested 28 year-old Veronica Avila Diaz in connection with the crash. Additionally, Diaz's husband, 31 year-old Jose Antonio Cejas-Gutierrez, was also taken into custody on charges of hindering prosecution and interfering with a police officer.

Law enforcement officials say Diaz was driving south in a minivan when she crossed the highway's center line and struck a Kawasaki Vulcan touring bike. The rider, 72 year-old Kenneth Douglas "Doug" Carroll, was ejected from the motorcycle and pronounced dead at the scene. Diaz, Gutierrez and their passengers - three children, ages five, ten and five months - were uninjured in the accident.

A third vehicle travelling behind Carroll had to swerve to avoid the minivan and the motorcycle. It subsequently crashed into a ditch. No one in that vehicle was seriously injured.

Authorities believe Gutierrez, who was riding in the front passenger seat, was taking photographs of his wife using a cell phone in the moments leading up to the crash. As a result, prosecutors say both Gutierrez and Diaz became dangerously distracted, prompting the accident. In addition, they say Gutierrez initially lied to investigators, telling them he was driving the van when the crash occurred.

Normally, when we think of distracted driving, we automatically think of texting. And for good reason: indeed, texting is one of the most dangerous forms of distraction for drivers, since it involves the use of your hands (manual distraction), the use of your eyes (visual distraction), and the use of your brain (cognitive distraction). However, the term distracted driving refers to "any activity that could divert a person's attention away from the primary task of driving." And there are a numerous ways drivers can become distracted, thereby endangering themselves, their passengers, and other innocent motorists on the road. Activities like eating and drinking, talking to passengers, reader, using a GPS device, watching a video and playing with a cell phone may seem innocent, but they can be deadly when you're behind the wheel.

Continue reading "Prosecutors: Couple was taking cell phone photos prior to fatal head-on crash with motorcycle" »

The trial of a Vermont teenager facing a felony charge ended today when the teen accepted a plea deal. In an unexpected move, the Burlington Free Press reports, 19 year-old Emma Vieira has pleaded guilty to gross negligent operation of a motor vehicle resulting in injury.

The charge against Vieira stemmed from an August 2011 accident that seriously injured a pedestrian. Authorities say Vieira was traveling near the 25 mile per hour speed limit when she struck a woman and a dog on the shoulder of the road. The woman, Deb Drewniak, sustained a traumatic brain injury in the collision. Her dog was killed.

Several factors appeared to have contributed to the incident. Drewniak was wearing dark clothes. The stretch of road, though straight, is not well-lit. Investigators found no evidence that Vieira had swerved from the roadway, and she was not under the influence of drugs or alcohol. However, she had been texting while behind the wheel - though she wasn't technically doing so when the accident occurred.

Vieira's phone records indicate that she sent and received several text messages in the minutes before the accident. But her lawyer said the last text was sent at 9:24 p.m., minutes prior to when Vieira turned onto the road where Drewniak was standing with her dog. "Emma is innocent," defense attorney Sarah Reed said in court. "The evidence will show that this was an accident that could have happened to anyone who was driving down that dark road." And an accident reconstruction expert testified that there was "no way this accident was going to be avoided."

But prosecutors maintained that the crash was caused by Vieira's gross negligence, pointing out that she deleted the offending messages immediately after the crash, and that she told police she had not been using her phone. When she reported the accident, Vieira told emergency responders that Drewniak and her dog had been walking in the middle of the road, but police say the evidence suggests that Drewniak was on the shoulder of the roadway.

The trial was expected to conclude on Friday. On Thursday, the judge and jury had been scheduled to visit the crash site during the nighttime hours, but the plea deal made the field trip unnecessary. Under its terms, Vieira also pleaded guilty to a misdemeanor count of simple negligent operation. She will receive a five-year deferred sentence, essentially probation. She could serve six months in jail or in home confinement, depending on the judge's decision. Originally, she was facing a 15 year prison term.

Continue reading "Vermont teen takes plea deal for distracted driving accident that seriously injured pedestrian" »

On Monday, a family of three was killed in Cordova, Alabama when their vehicle was struck by a driver fleeing police. According to the Birmingham News, 23 year-old Amber Verus; her husband, Ryan Culwell; and their 10 month-old daughter Rogue Culwell were all pronounced dead at the scene of the crash.

Authorities say they received a report of a robbery at around 7:00 p.m. on October 1. The suspects had apparently approached a 77 year-old man as he arrived in his driveway that evening. When the man didn't immediately hand over his wallet, the suspects pistol-whipped him, knocking him unconscious. They fled in a white SUV.

Local law enforcement officials began searching for that vehicle. Shortly thereafter, officers spotted the SUV in nearby Dora and gave chase. They were joined by vehicles from other local agencies, including a helicopter. During the pursuit, a sheriff's deputy was passed by the SUV and he attempted to turn around. The deputy's vehicle crashed into a crash, overturning in the process. He was taken by ambulance with non-life threatening injuries.

Meanwhile, other officers continued to follow the SUV, which ultimately ran a red light, broadsiding a car in the intersection and killing its occupants, Verus, Culwell and their daughter. Two men in the SUV fled the scene on foot. On Monday night, U.S. Marshals and other police officials searched the woods near the site of the crash.

On Tuesday, 20 year-old Dominique Smith turned himself in to police. Smith was allegedly driving the SUV at the time of the crash. Hours later, investigators located the SUV's passenger, 18 year-old Jeffrey Howe, at a residence in Ensley. They surrounded the house and ultimately took Howe into custody. They also arrested a third man, 21 year-old LaJuan McNeal, who is charged with hindering prosecution for helping Smith and Howe evade capture.

Continue reading "Family of three - including 10 month-old girl - killed in crash caused by suspects fleeing police" »

Two Columbia men have been charged with first-degree child endangerment following a rollover crash on September 18. According to the Columbia Daily Tribune, three people were injured in the accident, including two female passengers, ages 14 and 15.

It happened on Oakland Church Road: according to police, an SUV ran off the road and rolled over at around 9:30 p.m. When officers arrived, the driver had left the scene of the crash. The three other occupants of the SUV were left injured, including the two girls and a male passenger, 18 year-old Tumas Hedrick. The 15 year-old girl was ejected from the SUV, and police discovered that she had been sitting on Hedrick's lap in the front passenger seat. All three were taken to the hospital by ambulance. On Wednesday, Hedrick was arrested on a child endangerment charge. He has since been released from the Boone County Jail, where his bond was $4,500.

Immediately following the crash, law enforcement officials began searching for the SUV's driver, 24 year-old Derrell Lewis, who already had an outstanding warrant for driving without a valid license. They located Lewis and arrested him on Thursday. He is now charged with two counts of first-degree child endangerment, one count of careless and imprudent driving, one count of leaving the scene of an accident, one count driving without a license, and a final count failure to appear on the original driving without a license charge. Lewis has been released from Boone County on a $23,000 bond.

What causes a rollover accident?

Data from the National Highway Traffic Safety Administration (NHTSA) indicates that there are more than 280,000 rollover crashes reported annually. These accidents cause more than 10,000 fatalities every year. Rollover crashes are connected to a vehicle's stability - which, How Stuff Works explains,

"is influenced by the relationship between the center of gravity and the track width (distance between the left and right wheels). A high center of gravity and narrow track can make a vehicle unstable in fast turns or sharp changes of direction--increasing the odds that it will tip over once it begins to skid sideways. The problem is most pronounced in 4-wheel-drive pickup trucks and sport-utility vehicles, which have a higher ground clearance for off-road driving."

Continue reading "Two men charged with child endangerment following Columbia rollover accident" »