Personal Injury Law

Woman killed in Warren County trying to dodge debris in roadway

By Ryan Bradley, Esq.

Kathleen Groeper, 66, was killed Tuesday after she crashed her 2008 Ford Focus while trying to dodge debris on Highway 47 in Warren County.

According to the Missouri State Highway Patrol, Groeper was traveling northbound on Highway 47 when she swerved to the right to avoid the debris. Her vehicle left the roadway and struck a driveway before overturning and crossing into the path of a 2006 Chevrolet Silverado, driven by Deborah Hawkins, 52.

Groeper was pronounced dead at the scene. Hawkins was taken by ambulance to St. Joseph?s Hospital in Lake St. Louis and treated for minor injuries, according to the investigating officer.

The initial crash report did not describe the type of debris that was in the roadway.

From a personal injury lawyer?s perspective, the type of debris and how it got on the roadway is very important. If the debris was man-made and fell off a truck or some other type of vehicle, the driver of that vehicle could be held liable for any damages that the debris causes. According to the AAA Foundation for Traffic Safety, 25,000 accidents involving falling debris occur each year in North America.

The problem, of course, is that it is very hard to track down the driver that lost the debris unless there are witnesses or some other identifying markings on the debris. Many times tractor trailer drivers may not even realize they have left something in the roadway. Other times the driver will just continue on without stopping to clean up the mess, thus leaving a dangerous obstacle for other drivers.

In Missouri, MoDOT workers will do their best to make sure the roadways remain clear and it is hard to hold them liable for any such incidents. A Missouri car accident lawyer would have to prove that the highway workers knew about the debris and still failed to respond in a reasonable amount of time. As we have discussed in other posts on this blog, sovereign immunity also offers additional protection for these workers.

If you are injured in a Missouri car accident caused by roadway debris, even if the person who left the debris is never found, you may be able to seek compensation from your own uninsured motorist coverage that is included in your insurance policy. Filing these claims can be complicated and they are definitely time-sensitive so you should contact an experienced St. Louis area personal injury attorney as soon as possible.

Full post as published by Missouri Accident Lawyer Blog on December 09, 2008 (boomark / email).