Personal Injury Law

St. Louis man never charged after fatal car wreck

By Ryan Bradley, Esq.

A cautionary tale about statutes of limitations was printed in the St. Louis Post Dispatch today.

The Post Dispatch reported on the story of James Barge, 29, a man who was involved in a fatal car accident four years ago. According to the report, an earlier accident on Interstate 170 in February 2005 blocked two lanes of traffic. Damon Covington, 58, was driving a little behind the accident and stopped to offer any assistance he could. That?s when Barge?s car crashed into the wreckage and killed Covington.

Barge was taken to a local hospital and submitted to a sobriety test that, while conducted hours after the accident, showed that Barge was likely over the legal limit at the time of the crash.

Despite the sobriety test results and a police report stating that Barge?s speeding kept him from avoiding the crash, Barge was not prosecuted and didn?t even get a speeding ticket, according to the Post Dispatch.

Authorities have three years under Missouri law to file criminal charges and due to oversights and miscommunication among the Missouri State Highway Patrol, no criminal charges were ever filed. Now that the deadline has passed, no charges ever will be filed.

This is an example of why you shouldn?t wait if you are involved in a Missouri car accident that causes you or someone you love serious personal injury. While the report described above was dealing mainly with the criminal charges, there are similar laws regarding personal injury and wrongful death lawsuits.

Under Missouri law, the statute of limitations on personal injury and negligence cases is typically five years with the Discovery Rule. Medical malpractice is two years and product liability is five years. The specifics of a case may affect the timeline, but these are the rough guidelines.

Don?t wait to contact a personal injury lawyer if you have been injured by someone else?s negligence. Wait too long and all you are doing is forfeiting your own rights.

Full post as published by Missouri Accident Lawyer Blog on April 05, 2009 (boomark / email).