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Tracy Morgan crash raises issue of seat belt use in personal injury cases

In out last post, we began speaking about the findings of the National
Transportation Safety Board regarding a crash in which actor-comedian
Tracy Morgan was involved last summer in New Jersey. As we noted, one
of the findings was that the truck driver who caused the accident was
definitely fatigued, as initial reports pointed out.

Another interesting point made in the findings is that most of the passengers,
who were struck in the accident, including Tracy Morgan, were not wearing
seat belts at the time of the accident, despite the fact that New Jersey
law required them to do so. Based on that finding, the board urged the
National Limousine Association to recommend that limo drivers advise all
their passengers about the importance of wearing safety belts.

Here in Missouri, seat belts are also required for all occupants of passenger vehicles,
which are motor vehicles designed to carry up to ten people and used for
transporting persons. Obviously, it is in the interest of passengers to
wear a seat belt, but what happens when a plaintiff who was not wearing
a seat belt at the time of a crash pursues damages?

In terms of determining how to apportion liability, failure to wear a seat
belt at the time of an accident makes no difference in Missouri since
evidence of not wearing a seat belt cannot be admitted for determining
comparative negligence. Such evidence can be admitted for the mitigation
of damages, though, an issue we’ll discuss in our next post.

News

Roger Johnson Receives Thomas G. Strong Trial Attorney Award

MATA\’s (Missouri Association of Trial Attorneys) Award Selection Committee has named Roger Johnson of Johnson, Vorhees & Martucci in Joplin as the 2015 recipient of the Thomas G. Strong Trial Attorney Award. He will be honored during MATA\’s Annual Banquet & Awards, Saturday, June 27 at The Lodge of Four Seasons in Lake Ozark. Johnson may be best known among MATA members as the attorney who changed the landscape of

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Common Causes of 18-Wheeler Accidents

One of the greatest challenges someone can face after being hurt in a truck accident is proving that they are in no way liable for what happened. Overcoming this obstacle becomes easier once you get an understanding of some of the most common causes of 18-wheeler truck accidents. If you can identify one of those reasons in your own claim, the odds of you gaining fair and maximized compensation should

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Whiplash is not an insignificant injury

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