Columbia Missouri Car Accident Lawyer Blog

Mizzou Quarterback Arrested for Leaving Scene of Columbia Car Accident

Thu, 17 May 2012 15:44:25 -0600

As fans of Mizzou football, our Columbia car accident lawyers were sorry to hear about the recent arrest of quarterback Corbin Berkstresser, who has been charged with leaving the scene of an auto accident. Today, team spokesman Chad Moller said that Berkstresser has been suspended from the team indefinitely, reports The Columbia Daily Tribune.

According to police, Berkstresser allegedly struck a parked vehicle on Lynnwood Drive at around 1:00 a.m. on May 15. The vehicle's owner, Mizzou student Jeremiah Willis, heard the crash and went outside to discover his vehicle damaged. While Willis waited for police to arrive, two men approached him on foot and asked about the accident. They claimed to be looking for a lost dog. Willis has since confirmed that Berkstresser was one of the men.

Meanwhile, one of Willis' roommates drove around the neighborhood looking for a damaged vehicle. The roommate located a damaged truck - and its color matched paint fragments that were left on Willis' car. He gave the license plate number to police, who linked the truck to Berkstresser. Berkstresser eventually admitted to his involvement in the crash.

Leaving the scene of an accident, commonly known as a hit-and-run accident, can be either a class A misdemeanor or a class D felony, depending on whether the accident caused injuries, fatalities or property damage above $1000. Willis' vehicle sustained approximately $1000 in damages, so Berkstresser could be facing a felony charge.

At Mizzou, athletes who are convicted of felonies are permanently banned from participating in athletics at any MU campus. If Berkstresser is charged with a misdemeanor, he would have to apply for reinstatement to the team.

Last September, Mizzou cornerback Tristen Holt was also arrested for leaving the scene of an accident. According to the Columbia police report, Holt was in a collision with another driver in front of the Drury Inn, near Bernadette Drive. Holt did stop and get out of his Volkswagen Jetta, but when the other driver asked for his insurance information, he jumped back in his vehicle and sped away.

15 Ways to Avoid Summer Drunk Driving Accidents in Columbia, Missouri

Thu, 10 May 2012 16:44:01 -0600

School is almost out, the days are growing warmer, and summer is right around the corner. Our Columbia car crash lawyers know that many Missourians are looking forward to good times with friends in the months ahead. Perhaps you're planning to attend an outdoor concert in the park and enjoy a bottle of wine. Perhaps you've purchased baseball tickets and intend to fork over the $9 per beer. Or perhaps you're hosting a barbeque, and you're considering serving drinks. Whatever your plans may be, don't choose to drink and drive.

Many drivers who receive DWI citations don't intend to drive drunk. In fact, a good number of these offenders simply have a few more drinks than they originally planned, and believe they can still drive safely. A 2005 study conducted by the National Highway Traffic Safety Administration (NHTSA) found that most drunk driving accidents are caused by male drivers between the ages of 18 and 34. In their responses, a good number of the men surveyed created a distinction between driving while drunk and driving while "buzzed." Several of these drivers initially defined "buzzed" as having 1-2 beers, but later admitted "buzzed" meant consuming closer to 8-10 beers.

"Everyone understands dancing-with-a-lampshade drunk and says they would never drive like that," said Robin Mayer, Chief of the Office of Consumer Information for NHTSA. "But they do drive with a buzz on because they don't believe they are impaired."

Don't make this questionable distinction and put yourself (and others) at risk. Below, you'll find 15 tips to help you avoid drunk driving in Columbia, Missouri throughout the summer months.

• Never, ever drink on an empty stomach. Eat carbohydrates such as pasta and breads.

• Drink a 32 oz cup of water before drinking any alcohol. Staying hydrated is essential.

• After you've had a drink, let some time pass before ordering another one. Have a few non-alcoholic drinks in the meantime.

• Choose drinks with lower alcohol content.

• If you plan to drink, you should also plan to have a designated driver available, just in case.

• When you need a ride in a pinch, you can always call a cab. Be sure to carry cash to pay for your ride and a cell phone to make the call.

• Take the bus.

• Be aware that some over-the-counter medications contain alcohol that will mix with any alcohol you're drinking.

• Be aware that some medications, especially prescription medications, enhance the effects of alcohol, which means that you may become impaired with less consumption of alcohol than usual.

Dealing with Insurance Companies Following a Missouri Car Accident: A Few Tips to Consider

Thu, 03 May 2012 14:26:10 -0600

If you or a loved one has been seriously injured in a recent Columbia, Missouri car accident, it's likely that you'll be contacted by an insurance company adjuster. Our car accident lawyers encourage you to think twice before you agree to accept a settlement or waive any of your rights. However kind or understanding an adjuster may seem, the truth is that the adjuster's job is to save the company money, even at the expense of your health and well-being. On the other hand, a personal injury attorney's job is to ensure your rights and interests are protected.

Why is it important to have an attorney to negotiate with insurance companies on my behalf?

• Insurance companies will pay you the least amount of money possible to make you go away. In other words, what may appear to be a good offer often isn't. When seeking compensation for an accident victim, a personal injury lawyer will assess a number of factors, including your current and long-term expenses.

• Insurance representatives will often pretend to be friendly in order to get your guard down. What's more, they know you are injured and traumatized as a result of the accident, and that your medical bills are probably piling up. Often, insurance companies will offer you far less than you deserve simply because they know you're desperate to put the accident behind you.

• Insurance adjusters will juggle you, meaning that you will have to speak to several different adjusters, never just one who is handling your case. You won't get a straight answer.

• CNN's Anderson Cooper reported that insurance companies systematically and intentionally lie when they tell claimants how much they deserve. Insurance companies have been sued and lost. They are guilty.

• Insurance adjusters tape record statements, ask you tricky, misleading questions, and use your words against you later. It's a sad truth, but it happens all of the time. If you do speak to an insurance company on your own, we urge you to be especially careful about what you say.

Wrongful Death & Missouri Law: The Basics Explained

Thu, 26 Apr 2012 14:28:24 -0600

The death of a family member is always a traumatic experience, particularly if it happens because of a sudden accident or injury. The pain of the loss is only compounded when the loved one died as a result of someone else's negligence.

As our Columbia personal injury attorneys know, under these circumstances, it's important to consider your legal rights so you can ensure your family's interests are protected. This issue can be particularly vital if the deceased was the family breadwinner. Missouri law recognizes that in a wrongful death case, there is more than just emotional loss when a life is taken. It allows you to seek compensation for the loss of the deceased's financial contributions, or contributions to the caretaking of your home or family.

Here is Missouri's definition of wrongful death,explaining who among the surviving family members is entitled to seek compensation:

"Whenever the death of a person results from any act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof, the person or party who, or the corporation which, would have been liable if death had not ensued shall be liable in an action for damages, notwithstanding the death of the person injured, which damages may be sued for:

(1) By the spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or by the father or mother of the deceased, natural or adoptive;

(2) If there be no persons in class (1) entitled to bring the action, then by the brother or sister of the deceased, or their descendants, who can establish his or her right to those damages set out in section 537.090 because of the death."

Fatal Crash in Centralia, Missouri Caused by Deer in the Roadway

Thu, 19 Apr 2012 15:11:15 -0600

On Monday evening, a Centralia woman was killed after she struck a deer on Missouri Highway 124. According to the Missouri Highway Patrol, 46 year-old Beth Weber was traveling north when she hit the deer, causing her Jeep to spin counterclockwise into southbound traffic. A 2010 Kia slammed into the passenger side of Weber's vehicle. She was pronounced dead at the scene, while the driver of the second vehicle was taken to the hospital with minor injuries.

From a driver's perspective, deer can be difficult to see, especially since they tend to be on the move at dusk and dawn (when they change areas to eat or sleep). Deer are most active from about one-half hour before dawn until about an hour after sunrise; and from twilight until about 11 p.m. Many deer-related car accidents happen when drivers swerve to avoid a deer (or swerve to avoid someone else who has swerved or stopped to avoid a deer). Often, by the time you see a deer in your path, you only have fractions of a second to react.

Read the Insurance Information Institute's article, "Avoiding Deer/Car Collisions"

Several Missouri communities are experimenting with strategies aimed at reducing the numbers of car-deer collisions. For example, at a Cape Girardeau city council meeting in September 2011, a council member raised the issue of the growing deer population in Cape Girardeau. In 2010, the city received 76 deer related calls (including 47 to pick up dead deer and 38 about collisions or car accidents involving a deer), and those numbers have only continued to increase.

This coming Monday, the Council will meet again to discuss a deer-feed ban within the city limits, which would make it a citable offense to leave out food to attract white-tailed deer. The idea, supporters argue, is to keep from attracting more deer into the city, and thereby reduce the chances of an accident. The Council will also address adding more deer crossing signs throughout the area, reports the Southeast Missourian.

New Study: Tax Day Brings Higher Risks for Fatal Car Accidents in Columbia, Missouri & Nationwide

Fri, 13 Apr 2012 09:31:45 -0600

It's tax time, which means lots of Missourians will be on the move this afternoon, trying to ensure that their returns are mailed on time. We urge residents of Columbia, Jefferson City, and the surrounding areas to exercise special caution if you're planning a last minute drive to the post office: new research has shown that the risk of a fatal car accident increases by 6%.

The study, published in the Journal of the American Medical Association on April 10, presented these findings:

• Over the past 30 years, throughout the country, 19,500 Americans have been killed in car accidents on Tax Day, amounting to 226 deaths each day.

• By comparison, 13,000 were killed on "control days" (a week before and a week after Tax Day).

• The conclusion, according to the study, is that an additional 13 people die in accidents every year on Tax Day. Researchers suggested that the increase is "similar in magnitude to the increase in crashes on Super Bowl Sunday."

The study wasn't able to conclusively identify a specific causal factor, but offers a few theories as to the "why" behind this increase:

• "Stressful [deadlines] distract drivers and contribute to human error," the study suggests.

• Also, it's possible that drivers "may have consumed alcohol, changed their driving pattern, or had less sleep on Tax Day," summarizes CBS News.

There is much you can do to avoid a Missouri car accident, today and year-round. Here are 4 types of car wrecks that are 100% preventable, when attentive drivers make responsible choices:

"Special Sobriety Enforcement" to Combat Drunk Driving Scheduled in Boone County This Week

Thu, 05 Apr 2012 12:03:30 -0600

On Wednesday, the Boone County Sheriff's Department announced plans for a "special sobriety enforcement" to be conducted sometime this week, according to the Columbia Daily Tribune. The Department plans to organize a saturation patrol (where multiple officers patrol a designated stretch of roadway to scout for drunk drivers), a sobriety checkpoint, or both. Our Missouri car accident lawyers know that there's some disagreement about the effectiveness of measures like these: however, if even a single drunk driver is deterred, multiple lives can be saved.

It's not a secret that drinking and driving is illegal, and that it can result in both criminal and civil consequences, particularly when someone is injured or killed because of a drunk driver's actions. The aftermath of such an accident is life-altering for all parties involved.

Recently, in Kansas City, a 19 year-old man was sentenced to 15 years in prison after pleading guilty to 2 counts of involuntary manslaughter. On July 4, 2011, Felix Solano-Gallardo's blood alcohol content (BAC) was twice the legal limit when he drove the wrong way on both I-70 and I-435 for over 14 miles: at least 9 drivers called 911 to report his vehicle, and police believe he ran 1 vehicle off the road on I-70. Eventually, on I-435, he collided with another vehicle head-on. 44 year-old Diane Bronson and her 11 year-old daughter Anna were killed in that crash.

Solano-Gallardo was also seriously injured, and only recently stopped using a wheelchair. He does not have documentation to legally reside in the United States, and initially refused to give police his name following the crash. After serving his sentence, he will be deported to Mexico. In his statement to the judge, according to The Kansas City Star, Solano-Gallardo expressed remorse for his actions. Using an interpreter, he said, "I am aware I caused a lot of harm. Honestly, I wish none of this had ever happened. What happened to this woman and her little girl hurt me as if they were my own family."

Car Accident Injuries Cost Victims Billions in Missouri and Nationwide

Wed, 04 Apr 2012 12:25:13 -0600

The cost of a car accident that results in personal injury can be financially devastating. In Jefferson City and throughout the United States, there are over 3 million auto accidents each year, with medical costs to the victims of personal injury exceeding $40 billion dollars, according to a study released by the Centers for Disease Control (CDC). If you're injured in a car accident, do you know who will cover the costs of your medical care? The last thing you need following a car accident resulting in serious personal injury is a creditor calling your home, trying to collect payment for medical treatment incurred through no fault of your own.

In Missouri, drivers are required to carry insurance that covers them to a minimum amount of 25/50: that is, $25,000 per person, and up to $50,000 to be shared among all the parties injured in the car wreck. It should go without saying that after many car accidents, this amount isn't nearly enough. Motor vehicle accidents that result in brain injury, spinal cord injury, and other serious personal injury can require years of expensive treatment and rehabilitation, long after the policy belonging to the driver at fault is exhausted.

If you have car insurance in Missouri, you are automatically covered by your own policy in the unfortunate event you are in an auto accident caused by a driver without insurance. Additionally, Missouri drivers have the option to purchase underinsured motorist coverage, which can come into play if you are in an accident resulting in expenses beyond what the policy of the at-fault driver can cover.

Consider this hypothetical situation: you are involved in an accident that results in $35,000 in medical bills and other expenses, but the driver at fault only has the minimal auto coverage policy required by the state. The driver's insurance policy would cover only the first $25,000 of your medical expenses.

Columbia, Missouri Woman Discovers Jeep in Her Living Room; Driver Still At Large

Fri, 30 Mar 2012 09:51:50 -0600

This week, our Boone County car accident lawyers were shocked and amazed by a news story about a Columbia woman who was visited by a houseguest she wasn't expecting. Rhonda Victor heard a loud noise just after she went to bed on Wednesday , and when she investigated, she discovered a Jeep in her living room.

According to a news release from the Columbia Police Department, an officer had attempted to stop the vehicle for speeding just prior to it crashing into Victor's house. The driver didn't stop, and the officer abandoned the pursuit for safety reasons after following the Jeep for 3 blocks. Immediately thereafter, the officer discovered the vehicle in Victor's living room. The keys were still in the ignition, but the driver was gone. As of this morning, that driver has not been located.

It's unbelievably fortunate that Victor had retired to her bedroom just a few minutes before the Jeep slammed into her house, as she was able to escape potentially critical injuries. Her house, however, wasn't so lucky: Kelley Klean Restoration Company estimates that the damage will cost up to $15,000 to repair.

Had Victor been injured, she would've had a relatively easy time proving negligence, which is a fundamental component of any personal injury lawsuit. Under other circumstances, demonstrating that a party was negligent can be a much more complicated affair.

Drunk Drivers Face Serious Legal Consequences in Jefferson City & Throughout Missouri

Thu, 29 Mar 2012 16:06:29 -0600

This week, the Missouri Highway Patrol's Troop F announced plans for upcoming DWI checkpoints and saturation initiatives in Cole and Camden counties. According to Captain Gregory D. Kindle, the checkpoints and saturation patrols will be conducted sometime before the end of March. These efforts are designed to crack down on drunk drivers and prevent the car accidents they so frequently cause. The Patrol "urges all citizens to report any vehicle they observe operating in a careless manner," the news release says. "The public can contact the Highway Patrol toll-free at 1-800-525-5555 or on a cellular phone at *55."

By now, the vast majority of drivers are well aware of the risks and dangers associated with driving under the influence. And yet - as these law enforcement initiatives demonstrate - there are still drunk drivers on the road. If you cause an accident while driving drunk, you will face serious legal consequences. In addition to being sued in civil court by those you've injured, Missouri also has serious criminal penalties for drunk drivers.

First Offense:

• Missouri Criminal Status: Class B misdemeanor.

• Jail: Up to 6 months.

• Missouri Fines/Costs: Not more than $500

• Missouri License Suspension: 30 days.

• Violation of Zero Tolerance Law: 90 day license suspension, attend DUI school and pay fines.

• Missouri Conditional License: After the 30-day suspension, the driver may receive a 60-day restricted driving privilege. The driver is eligible for full reinstatement after 90 days if all reinstatement requirements are met.

• Missouri DUI School: All DUI offenders must complete a Substance Abuse Traffic Offender Program before having their license reinstated and must pay for a mandatory alcohol assessment / treatment evaluation. First offenders with a high blood alcohol level may have to attend an intensive weekend intervention program. Check with the Substance Abuse Traffic Offenders Program, for more information.

• Missouri Probation: At the discretion of the court.

• Missouri Community Service: At the discretion of the court. None required by law.

Seat Beats Save Lives in Columbia, Missouri & Nationwide

Thu, 22 Mar 2012 10:43:55 -0600

Our Columbia personal injury lawyers recently blogged about the disturbing increase in Missouri car crash fatalities in 2012. In a news release on this subject, the Missouri Highway Patrol reported that "two-thirds of those fatalities involved people who were not wearing a seat belt." On average, according to the Missouri Department of Transportation (MoDOT), "7 out of 10 Missourians killed in traffic crashes are not wearing their safety belts."

Safety advocates (along with MoDOT and the state transportation director) have submitted multiple proposals to change Missouri's seat belt law, making the failure to wear a seatbelt a primary offense. Currently, Missouri statute §307.178 only requires drivers, front-seat passengers, and occupants under age 18 to wear seat belts, and it can only be enforced if the driver is pulled over for another offense, such as speeding, running a red light, or drunk driving. Out of more than 500 state traffic laws, the seatbelt law is the only one with a secondary enforcement provision. Furthermore, safety advocates have encouraged lawmakers to change the law so it requires all passengers - not just those in the front seat or under 18 - to wear seat belts.

According to a study by the National Highway Traffic Safety Administration (NHTSA), these changes would have a dramatic impact on Missouri roadway safety. The study examined Missouri data (the number of car accidents and the rate of seatbelt use within the state), and compared those figures to data from 32 states with primary seatbelt laws. Within the first year of its passage, the study found, changing the law would have the following effect:

• It would spare an estimated 63 Missouri lives.

• It would prevent 759 serious injuries.

• It would save Missouri $179 million in medical, insurance, and highway expenses (and it wouldn't cost the state a penny).

• It would make Missouri eligible for $16.2 million in funding, under the terms of the highway reauthorization bill (which was approved by the Senate last week). The bill earmarks these funds "for safety initiatives in states that make seat belts a priority."

Driver Distractions: A Top Cause of Car Accidents in Columbia, Missouri & Elsewhere

Thu, 15 Mar 2012 15:48:41 -0600

Today is a big day for college basketball lovers - and especially for Mizzou fans here in Columbia: it marks the beginning of the NCAA tournament. While the Tigers don't play until tomorrow evening, we know that lots of Missourians follow the entire tournament closely - and with the help of modern technology, you can watch a game pretty much anywhere. There are several apps that offer live updates and streaming game film. While our Columbia car accident attorneys love March Madness, we hope you won't make the mistake of checking your bracket while you're behind the wheel.

By now, most drivers are familiar with risks and consequences of distracted driving, and yet a good number of them continue to engage in distracting behaviors - especially cell phone use. According to the Governors' Highway Safety Association, it's legal for all licensed drivers in the state of Missouri to talk on cell phone while driving. As for text messaging, only drivers under the age of 21 are prohibited from sending and receiving texts at the wheel. In sum, Missouri has some of the most relaxed distraction-related laws in the country.

In 2010, there were approximately 3,100 people who lost their lives on U.S. roadways because of distraction-related car accidents - accidents that are completely preventable with a little bit of driver responsibility. Safety officials strongly recommend that drivers curb as many distractions as possible while operating a motor vehicle. "Inattention is a leading cause of traffic crashes," said Missouri State Highway Patrol Colonel Replogle.

During the first half of 2010, there were nearly 800 Missouri traffic accidents that were caused by distracted drivers: these accidents resulted in nearly 10 fatalities and roughly 240 injuries. To help reduce the risks of distraction-related car accidents, we offer you a few simple rules and safety tips to help increase roadway safety for all drivers.

Warm Weather Leads to Increase in Columbia, Missouri Motorcycle Accidents

Tue, 13 Mar 2012 18:05:07 -0600

Winter is almost behind us: in fact, Missouri weather has been almost summer-like this week. The warm months ahead are the biggest time of year for motorcycle riding in Columbia, Jefferson City and throughout the state. It has been speculated that increasing gas prices trigger a corresponding rise in the number of people who use motorcycles for daily transportation. Although it's true that riding a bike is much more energy efficient, motorcyclists are also more likely to suffer serious injuries in the event of an auto accident.

Last Friday marked the beginning of Daytona's annual Bike Week, a 10-day event in that is expected to attract 500,000 motorcycle riders this year. Our Columbia car accident lawyers were saddened to hear that there have already been reports of at least 4 motorcyclists killed in separate collisions - including one rider from Neosho, Missouri. The accident happened today in Flagler County, Florida: 39 year-old Diana Sallee was a passenger on a Harley Davidson that collided with 2 non-moving vehicles. Local law enforcement reports that a Chevrolet Suburban and another motorcycle were stopped in the roadway while waiting to turn left into a state park: it appears that the Harley's driver, 38 year-old Billy Sallee (also of Neosho), simply failed to see them

Billy Sallee only sustained minor injuries in the collision, but Diana Sallee was ejected and thrown under the Suburban. She was taken to a nearby hospital by ambulance, but she later died as a result of her injuries. Both riders were wearing helmets. The Florida Highway Patrol is currently awaiting toxicology results for Billy Sallee: depending on those results, he may face criminal charges.

Even with a helmet, riding a motorcycle can be considerably more dangerous than driving a closed vehicle (like a car, van or SUV). One of the biggest dangers to motorcyclists is that other drivers often fail to see them. Drivers of cars and trucks are reminded to share the road with motorcyclists (and their vehicles aren't always as easy to spot). When making a turn, it's important look carefully for any motorcycles that might be oncoming, in the lane next to you, or in the lane you are turning into.

SUVs Protect Drivers Involved in Columbia Car Accidents

Tue, 06 Mar 2012 15:12:34 -0600

In the past, drivers were warned against purchasing SUVs, as they reportedly had a high risk of being involved in a rollover accident. That's no longer the case: in fact, drivers of SUVs are now much safer than those in cars, according to USA Today. Drivers of these vehicles are now among the least likely to die in a car accident in Columbia and elsewhere in the country.

The Insurance Institute for Highway Safety (IIHS) now reports that because of a new technology, electronic stability control, SUVs now receive much higher safety ratings. Electronic stability control utilizes the vehicle's braking system and engine power to help keep these large vehicles on the roadway -- often preventing skids or rollover accidents. After its implementation, the death rate for SUV drivers dropped nearly 70%, from 82 deaths per million vehicles in 1999 to 2002 models to 28 deaths per million in 2005 to 2008 models.

"The rollover risk in SUVs used to outweigh their size/weight advantage, but that's no longer the case," says Anne McCartt, the institute's senior vice president for research. "It's a dramatic change and a testament to the incredible effectiveness of electronic stability control."

This trend has taken shape even as more motorists switch to smaller cars amid concerns about higher gas prices. According to Erich Merkle, Ford Motor Company's sales analyst, small cars accounted for approximately 24% of vehicles purchased in February 2012. That's a 4% increase from 2 months ago. In response to the growing popularity of smaller vehicles with better gas mileage, automakers continue to develop more efficient cars. During his weekly radio address on March 3, President Obama said that cars averaging nearly 55 miles per gallon will be available by 2025. The current standard is about 23.7 miles per gallon.

But what about safety concerns? Data reports indicate that the death rate in small sedans was 72 per million vehicles in 2005 to 2008 models. This figure only represents a 35% decrease from the death rate of 110 per million vehicles in 1999 to 2002 models. Safety officials believe that the focus needs to be placed on improvements in the safety of small cars, which are often involved in accidents with these larger vehicles.

"The trend from the reported data is clear: The lighter the vehicle, the higher the likelihood that its driver will be killed in a collision with another vehicle," says Mukul Verma, a veteran auto industry safety official.

2 Day-Old Survives Fatal Head-On Collision in Miller County, Missouri

Fri, 02 Mar 2012 13:28:09 -0600

This week, our Columbia car accident attorneys were saddened to hear about a terrible crash in Miller County, Missouri, which took 3 lives and left 2 survivors injured. One of those survivors is a 2 day-old baby, and he's the only member of his family to live through the collision.

The accident occurred on Missouri Highway 52. Proud new parents Marty and Elisa Wilcox had just left the hospital: 2 days previously, Elisa had given birth to a baby boy, Gabriel. The couple (along with Gabriel and their other son, 3 year-old Marty Jr.) was traveling to visit Elisa's parents, Brad and Angela Hartwig, to introduce them to their new grandson. It was a bright, sunny afternoon: the Leap Day Storms that would do so much damage in Missouri were still hours away. "As far as I know, weather was not a factor," said Sergeant Paul Reinsh of the Missouri Highway Patrol.

The circumstances that caused the collision are still a mystery. All that's known for sure is this: as the family traveled west on MO 52, an eastbound Toyota moved into their path. The two vehicles collided head-on. Marty and Elisa Wilcox were pronounced dead at the scene; 3 year-old Marty Jr. was taken to the hospital by ambulance, where he died a short time later.

Miraculously, Gabriel Wilcox survived, even though he was thrown from the vehicle. He was treated for moderate injuries and has since been released into his grandmother's care. Angela Hartwig, who has been granted emergency guardianship of Gabriel, is still in shock: "It's just a nightmare. She was my oldest daughter, and she was so happy to be bringing her baby home," Hartwig said. The Wilcox family had recently moved into a bigger house in Eldon to make more room for their growing family.

The driver of the Toyota was 19 year-old Emily Frakes, who was seriously injured in the accident and airlifted from the scene. She remains hospitalized in serious condition in neuro-intensive care. Unbelievably, Frakes and Elisa Wilcox were co-workers at a nursing home in Tuscumbia: Elisa was a medical tech, and Frakes was a nurse's aide. Frakes was commuting to work at the time of the accident. Everyone involved in the accident was wearing a seatbelt, and both Wilcox children were properly restrained in child safety seats.