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: Missouri Accident Lawyer BlogMissouri Rear End Collision Kills Man In Ray County
By Ryan Bradley, Esq.
An 85 year-old Hardin, Missouri man, Beverly Myers, was killed in a rear-end collision on Monday, June 2. The accident occurred around 3 p.m. on Missouri 10 in Ray County, Missouri Highway Patrol said.
According to Highway Patrol Trooper R. McCormick, Myers? vehicle was traveling east on Missouri 10 when it was struck from behind by Sara Fain, 36, who failed to notice Myers? slower moving car. Myers was wearing a seat belt, but the impact was still severe enough to eject him from his vehicle. He was pronounced dead at the scene and was transported to Thurman?s Funeral Home in Richmond, Missouri. Fain did not suffer any serious injuries.
Under most circumstances, Missouri law says that the at-fault driver?s negligence is presumed in rear impact car accidents. This doctrine, commonly referred to as the ?rear end collision doctrine,? is based on the reasoning that all drivers are required to be in control of their vehicles at all times. A personal injury lawyer would need only to convince a judge the doctrine applies to prove negligence.
Read end collisions can generate dangerous forces. It is a myth that it takes a damaged car to cause human injury. Today, cars are designed to absorb massive amounts of energy without deformity. However, that force is directed to all passengers inside the car. These forces can cause very serious injury and death. Many times, defense lawyers will argue if there is little damage to the vehicle, there must not have been a great injury to the person. Most Missouri judges prohibit this kind of testimony and bar it from being argued to the jury unless a bio-mechanical engineer testifies to the actual forces generated. After that, a medical doctor would need to testify as to how those forces work on a human body.
If you or a loved have been involved in a rear-end automobile collision, please contact us at The Bradley Law Firm and we?ll discuss your case for free.
Full post as published by Missouri Accident Lawyer Blog on June 03, 2008 (boomark / email).
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