Bowling Green Pedestrian Killed in Missouri Truck Accident

A pedestrian from Bowling Green, Missouri died in a Missouri truck pedestrian accident on May 8, 2011 at 1:53am. The pedestrian and truck accident occurred on the MO-54 near Pike County Road 465.

41-year-old James C. Butler of Bowling Green, Missouri was lying on the westbound side of MO-54 when the accident occurred. The Missouri State Highway Patrol did not report the reason why Butler was in the roadway. Butler was hit by a 2006 Freightliner Rollback. David J. Young of Paris, Missouri drove the Freightliner. Butler was pronounced by Jim Turner, the Pike County Coroner. Butler’s next of kin has been notified.

According to local reports, synthetic drugs may be related to the accident. Butler’s mother notified the police before the accident that she suspected Butler of using “bath salts.” “Bath salts” are synthetic drugs labeled as bath salts to be sold in locations like gas stations. These “bath salts” are not compounds designed to be dissolved in the bathtub. Instead, these drugs are labeled as bath salts to avoid being banned.

While technically legal in the state of Missouri, bath salt drugs are toxic. Poison control centers nationwide report an increasing amount of calls related to the synthetic drugs. As a result of the toxicity of the drugs, some Missouri cities have banned their sale. According to local reports, Bowling Green, Missouri has a ban on “bath salts.” If an accident victim was on a dangerous roadway as a result of voluntary intoxication, his estate’s ability to recover damages may be diminished.

When an accident victim may be partially at fault for a Missouri trucking accident, the doctrine of comparative negligence applies. Comparative negligence doctrine is within the authority of the state governments instead of the federal government. As a result, comparative negligence doctrine differs from state to state. Missouri is a pure comparative negligence state, meaning that an accident victim may obtain compensation for injuries, but the compensation will be decreased by the accident victim’s proportion of fault.

For example, the court may find that an intoxicated accident victim was 40% at fault for the accident. If the court awards damages for $100,000, the accident victim may only recover $60,000. An accident victim’s damages may be reduced by as much as 99%.

Comparative negligence doctrine highlights the importance of having skilled legal representation after a Missouri pedestrian truck accident. Even if you were partially at fault for an accident, you are still entitled to compensation for injuries. Survival and wrongful death statutes allow estates or family members to obtain damages when an accident is fatal. Insurance companies may imply otherwise. If another occurrence of this event happens, locals should seek out a St. Louis wrongful death attorney who is well experienced in this subject. The right lawyer can  protect their interests throughout the process.

August 5th, 2011 by Ryan E. Bradley

Ryan Bradley is a trial lawyer and owner of The Bradley Law Firm. He specializes in catastrophic personal injury ad wrongful death cases.

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