The woman was killed by a 17-year-old driver who was intoxicated while fleeing from police in his GMC sport utility vehicle. She was heading to work at about 7 a.m. on April 18, 2008, when she was broadsided on Grand Avenue, according to official reports. The woman was killed, but the teenaged driver and his passenger sustained only minor injuries.
]]> The driver was eventually charged as an adult with vehicular homicide and a string of other felonies. He was sentenced to 20 years in prison as a result of the incident, after pleading guilty on all counts.The family members' suit centers on attorneys' assertions that the chase should never have taken place that fateful morning. The officers chasing the young man were operating unmarked cars, which are prohibited from participating in vehicle chases except in "extreme circumstances," which are poorly defined. Further, no more than two patrol cars are permitted to participate in a car chase at once, a policy that was blatantly violated by the large number of officers who joined in the pursuit, some at high speeds from miles away.
Although the city and county have not admitted to liability in the case, both entities felt it in the taxpayers' best interest to resolve the case after its protracted arguments. Officials for both groups have publicly broadcast that they believe the young man was responsible for the woman's death, but they wanted to bring closure to the family of an innocent victim.
Source: Billings Gazette, "Stahl family settles wrongful-death lawsuit against city, county," Ed Kemmick, May 4, 2012
]]>Victims of hit-and-run crashes have been known to suffer more severe injuries, or even die, because the other party left the scene of the crash to avoid getting in trouble. People who choose to break the law in such a flagrant and offensive manner should be brought to justice. If they are found to have acted negligently in causing personal injury, those victimized may choose to seek justice in civil court.
]]> An area hit-and-run crash that happened late on the night of April 27 is still under investigation, according to authorities. The car accident occurred at the intersection of Grant Street and Euclid Avenue in Helena.Police reports show that a Dodge Neon was headed eastbound when it was struck by a Jeep Cherokee that was traveling south. A passenger in the Neon was transported to St. Peter's Hospital by ambulance because of her injuries, and the 21-year-old driver traveled to the hospital in a privately owned vehicle. Neither occupants' injuries appeared life-threatening, although the passenger seemed to be in serious condition, according to officers on the scene. Updates on the occupants' conditions were not available even several days after the crash.
The vehicle that caused the hit-and-run has been located, police say, but no charges have been filed and no arrests have been made. Officers say that several people were in the Jeep Cherokee when the wreck occurred, and they have not yet determined who was driving the vehicle.
Source: HelenaIR, "Hit-and-run on Euclid still under investigation," Angela Brandt, April 28, 2012
]]>A woman who is already facing charges for vehicular homicide was involved in another accident on Interstate 15 late last week. The woman was behind the wheel of a vehicle that rolled over near Helena, according to official reports.
]]> The driver, 30, and her 25-year-old passenger were transported to St. Peter's Hospital after the car accident on April 25. They were each treated for non-life threatening injuries. Officers say that the pair was traveling to Helena from Great Falls.Witnesses report that the accident happened when the woman, who was driving at a high rate of speed, clipped the rear end of a truck she was attempting to pass. The collision caused her sedan to flip several times and fly off the roadway. The vehicle landed on its roof in the median of the interstate near the Sierra Road underpass.
The woman currently faces charges of vehicular homicide in connection with a December accident in which a passenger in her car was killed. That wreck happened on U.S. Highway 12 east of Helena, according to official reports. In addition, that accident was caused by speed and drunk driving, according to court documents.
The woman has pleaded not guilty to the felony charges and her trial is slated to begin in June. Authorities have said that the woman's license was not suspended as a result of the 2011 crash, so she was legally driving during the most recent accident. Officers say that alcohol did not play a role in the crash, which happened during the early afternoon hours.
Source: Helena IR, "Two injured in I-15 rollover; driver already facing negligent homicide charge after December wreck," Dylan Brown, April 26, 2012
]]>The young woman, 16, was shot in late December as she waited in the front yard of a home in Columbus County. The girl had been standing in the yard with her friend and her godmother, whom she had been visiting for the holidays. At about 11 a.m. on December 23, all three of the women were shot by the same bullet as they began walking toward a vehicle parked in the home's driveway. The girl was killed, and her friend and godmother were injured.
]]> The bullet allegedly came from a small home across the street, where a 23-year-old man said he was removing a gun from a gun case. The man ran out of his house when he realized what had happened and he appeared distraught, according to witnesses. The man has testified that the gun fired without pressure on the trigger. The gun was found about four feet from a shattered window inside the man's home, according to police. He was arrested, but he was later released and has not yet been charged with a crime.The FBI has joined the investigation after the girl's family expressed concern that the young man had not been charged in the case. District attorneys have said that they are seriously considering ruling the death an accident and it is unlikely that charges will be pressed at all. The FBI's civil rights unit has begun contributing to the investigation because the victim was black and the man whose gun allegedly misfired is white. Investigators said that they were concerned about some material they found in the home, which may indicate that the incident was a hate crime.
More than 70 lawsuits are currently pending against Remington, a long-time gun manufacturer based in America. Those are all related to the model 700 rifle, which has allegedly discharged a number of times without trigger pulls.
Source: BND.com, "1 bullet, 3 victims, many questions in North Carolina shooting," Fred Clansen-Kelly, April 17, 2012
]]>The 50-year-old man, who was known for walking throughout the town, was pronounced dead at the scene as a result of multiple traumatic injuries sustained during the accident, according to police officials. He had not only been hit by the first vehicle, but the man had also been struck by two subsequent cars, officers reported. The other pedestrian also suffered severe injuries and he was transported to St. Peter's Hospital for evaluation and treatment. That man remains in the hospital in fair condition.
]]> The vehicle that initially struck the man was traveling westbound and fled from the scene. The drivers of the other two vehicles that ran over the man stopped after striking him, according to police reports.Although no arrests have been made, Helena police are interviewing a number of suspects in the hit-and-run case. The investigators have submitted some information to the county attorney's office for review, a move that they hope will bring about the speedy execution of justice for the person who killed the pedestrian.
Officers say that they have impounded the vehicle that initially struck the man, though they have not yet released the name or age of the suspect. The car reportedly sustained damage to its front panels, including a broken turn signal and headlight. Police have not yet released whether alcohol or drugs played a factor in the accident. The continued investigation has included an autopsy, as well as interviews among witnesses and suspects in the case.
Source: Billings Gazette, "1 man dead, 1 man injured in Helena hit and run," Angela Brandt, April 8, 2012
Source: Billings Gazette, "Suspected driver interviewed in Helena hit-and-run," Angela Brandt, April 11, 2012
]]>U.S. Transportation Secretary Ray LaHood has made distracted driving an agency-wide priority since his appointment in 2009. Government groups have called for restrictions on gadget use while driving, but the NTSB has taken an even firmer stance in calling for a ban on all communications devices, even those that operate with hands-free technology. NTSB officials say that multi-tasking while driving is impossible, even for drivers who may think themselves particularly skilled.
]]> Safety officials throughout the industry have accused manufacturers such as Intel of focusing on added technology instead of reducing operating risk. Additional vehicle technology simply adds distraction, according to many professionals. Furthermore, the pace at which technology development moves typically overwhelms legislative efforts to regulate transportation practices, a problem that could put even more drivers at risk as industry develops flashy, unsafe vehicle features.Although Intel and other companies say that their in-vehicle technology incorporates important safety features, data indicates that any gadget use can compromise drivers' concentration. The Transportation Department recommends that automakers refrain from using technology that could divert drivers' attention for more than two seconds at a time and voluntary guidelines suggest that Internet-based communication be disabled during travel.
Auto manufacturers argue that existing data cannot provide enough evidence to restrict the implementation and installation of new, distraction-inducing technologies. The groups argue that specific technologies have not been independently evaluated, but an extensive body of general distracted-driving research exists to support government officials' claims. Only time will tell which group will prevail in the continued turf war between technology and safety initiatives.
Statistics from 2010 indicate that nearly 10 percent of vehicle crashes were attributable to distracted driving, a practice that includes technology use, eating and talking with passengers, among other activities.
Source: The Washington Post, "Gadgets share blame for distracted driving, NTSB chief says," Angela Greiling Keane, March 27, 2012
]]>The accident occurred on March 22, 2009 when the woman's husband was flying a small private aircraft. On board were 13 passengers, among which were seven children. The plane crashed into a cemetery that is adjacent to the Butte airport. Everyone on board the plane died in the accident.
]]> The recently filed claim alleges that the plane had a defective fuel system, as well as other malfunctioning parts that made the vehicle unreasonably dangerous for use. Further, the suit claims that the maintenance company hired to ensure the plane's upkeep failed to adequately service the vehicle between flights.This suit was filed despite the official NTSB ruling in July 2011, which showed that the pilot failed to add ice to the plane's fuel, as is required for flight during freezing temperatures. This caused the fuel line to become obstructed, which caused the engine to stall. Although the man had more than 40 years of flying experience, he failed to make an expedient emergency landing, deciding to wait instead of putting the plane down immediately.
Furthermore, the plane, which was transporting the passengers to Butte from California for a ski trip, was unbalanced and overloaded, according to the official report. That is, too many passengers and too much cargo was on board for the plane to function properly.
A decision is still pending in the suit, which was officially filed on March 20, 2012.
Source: MT Standard, "Pilot's wife suing airplane company," John Grant Emeigh, March 21, 2012
]]>The Belgrade man, represented by Richard Ramler of Ramler Law Office, P.C., filed a lawsuit against the gun manufacturer after his 9-year-old son was killed when the rifle misfired in 2000. The trigger had not been pulled. A similar case was filed in 1991 in Butte by another family, but the records in that case had been sealed per requests from Remington. The 1991 case involved a young boy who had accidentally been shot by his brother when the gun discharged without a trigger pull. A settlement in the case was reached in 1995.
]]> The information from that case could prove that Remington knew about the dangers of the firing mechanism, according to the man. The information sought by Public Justice would likely demonstrate that Remington had known about the guns' trigger malfunctions far earlier than previously thought, but the company continued to produce the rifles anyway. Judges have so far agreed with the man's assertion, although a ruling in the most recent document request is still pending.The plaintiff has since become intensively involved in fixing technical problems with the Remington Model 700 firing mechanism, known as the Walker fire control. He also has worked with Remington to remove defective guns from the market. Despite these efforts, he said he knows of about 50 people who have been injured or killed because of the problematic trigger design.
The man said he wants to reveal the information not only to aid his own case against the company, but also to allow members of the public to make their own decisions about the gun manufacturer. People will be better educated about the consequences of the product defects, he said, and they will likely be disgusted at the information Remington withheld. Distributing the information is the only way to stop the tragic cycle of death and injury that has resulted from the use of the firing mechanism, he said.
Source: MT Standard, "Remington rifle lawsuit details released: Belgrade man hopeful," Perry Backus, March 19, 2012
]]>Most recently, two young adults were killed and one was severely injured in a late-night drunk driving car accident earlier this month. The victims, who ranged between 18 and 21 years of age, were riding in a car with the 21-year-old driver, who was allegedly intoxicated. The driver has been charged with vehicular homicide in the car accident and he is currently being held on a $500,000 bail.
]]> One of the passengers who died in the crash had been a passenger in a car accident that resulted in another drunk driving fatality just one year ago. In that crash, a 22-year-old woman was killed and the 22-year-old driver was imprisoned for her death.Family members of the victims attest that the drinking culture in Montana has changed during recent years. The injured man's step-sister told reporters that she thinks young people are more likely to drive drunk instead of calling for a sober ride. The woman said that more young people would be alive today if they would simply ask for help.
Authorities say that despite increased law enforcement efforts, drunk driving persists as a significant problem in communities throughout the state. Health officials and prevention strategists say they are baffled by the continued plague of such accidents. Recent efforts have included a pledge program among area high school students that encourages them not to drink until they turn 21. The program also urges the students to refrain from drinking and driving, and instructs them to never travel with an intoxicated driver.
High school administrators and program leaders continue to work to raise awareness about the growing drunk driving problem by implementing more educational efforts. Additionally, a public forum will be hosted on April 17 to discuss community concerns about the issue. The forum will be sponsored by the Underage Substance Abuse Prevention team.
Source: Missoulian, "Recent DUI deaths in Missoula highlight a stubborn drinking culture," Gwen Florio, March 11, 2012
]]>The victim died in early January from exposure to the elements and severe crushing injuries caused by being run over by a vehicle, according to medical reports. He was found in a ditch on the side of the road in a T-shirt, jeans and socks.
]]> The suspect is accused of running over his 48-year-old friend after a confrontation in a vehicle. He allegedly forced the victim out of the vehicle and left him on the side of the road near Culbertson. Court documents state that the men went to two restaurants and then headed down the road. When the two men got into the vehicle at that point, the suspect alleges that the victim began to hit him about the head and shoulders, preventing him from safety operating the truck.To end the altercation, the suspect forced the victim out of the vehicle and claims he left him on the side of the road. The victim was reportedly breathing hard, bent over with his hands on his knees, when the suspect drove away from the scene. The driver said he did not get out of the car to check on the victim when he saw him in this state. Although it doesn't appear the man has admitted to running over his friend, he did tell reporters that the incident was an accident.
The two men had worked for the same oil company in Montana, according to the suspect's mother.
As this case moves through criminal court, the family of the deceased man may choose to bring the case to civil court in order to seek compensation to cover funeral costs, possible lost wages, and pain and suffering. Police investigation records and the outcome of the criminal case will be important in determining if negligence led to the death of the man.
Source: The Missoulian, "Florida man pleads not guilty to running over friend in NE Montana," Associated Press, Feb. 29, 2012
]]>The affected pedestrian sustained injuries including a bruised lung, broken wrist and severe cut on his head. The gash on his scalp required more than 20 stitches to close, according to hospital officials. He was put into a medically induced coma upon arriving at the hospital, but it appears that his injuries are not life-threatening and he is recovering well, say police spokespeople.
]]> Bystanders say they were nearly hit by the driver themselves, only narrowly dodging out of the way. A young couple who were walking their dogs near the time of the incident said the driver careened through the walking path, missing them by only a matter of inches. After the encounter, the couple said they phoned police to inform them about the dangerous driver. Soon after, on the walk home, they came upon the injured pedestrian. The woman provided initial first aid while another bystander called emergency personnel. The driver was apprehended after police followed a trail of vehicle fluids and tire tracks from the footbridge. Witnesses report seeing the man move from the driver's seat into the passenger's seat before authorities arrived.Not only had the driver been drinking, but the car he was driving was reportedly stolen, police say. The man blew 0.289 percent during an initial Breathalyzer test, authorities report, which is more than three times the legal limit of 0.08 percent. Walkers on the path say they often use the footbridge to avoid drunk drivers, and they are angry that the man endangered them in such a reckless fashion. Bystanders also said they are thankful that few people were involved in the accident.
Source: Missoulian, "Driver accused of hitting jogger on riverfront trail held on $100K bail," Gwen Florio, Feb.28, 2012
]]>A 22-year-old Hill County man was killed during a single-vehicle crash in Box Elder. The man was a passenger in a vehicle driven by a 16-year-old female, according to official reports. The SUV the girl was driving drifted off the road near a creek, destroying three mailboxes before plunging into the icy water. The front end of the vehicle was completely submerged as a result of the accident. The driver and another 16-year-old passenger were hospitalized at Northern Montana Hospital. Officials say that drunk driving was likely a factor in the crash. Additionally, no one in the car was wearing a seatbelt.
]]> Another early morning fatal motor vehicle accident resulted in the death of a 49-year-old South Dakota woman. The woman was killed near Lewistown. She was a passenger in a semi-truck that rolled, pinning her inside the vehicle. The driver reported that the accident was caused by his attempts to avoid an animal that had run into the road. The overcorrection caused the truck to go off the highway and detach from its trailer unit. Authorities report that speed and alcohol did not contribute to the accident, and both vehicle occupants were wearing their seatbelts.In addition, a single-vehicle accident killed a 29-year-old Kalispell driver. The man's vehicle rolled off the road in Flathead County. Drunk driving was a factor in the crash, according to the Montana State Highway Patrol.
In yet another harrowing accident in Bonner, a 19-year-old male driver experienced a head-on collision with a 27-year-old female driver after losing control of his vehicle on an icy curve. Although neither of the drivers was severely injured, the woman required a number of stitches. Authorities report that the man was driving too fast for the winter road conditions, but neither of the drivers had been drinking.
Source: Great Falls Tribune, "Three die in separate crashes around Montana," Kimball Bennion, Feb. 18, 2012
Source: 8KPAX.com, "Drivers okay after Bonner head-on crash," Breanna Roy, Feb. 21, 2012
]]>After the 1995 settlement, Remington made sure that the entire court file was sealed from public view.
Prior to settling, however, Remington reportedly produced boxes of materials showing that the company had known of the defect since the 1940s, yet failed to notify the public of the foreseeable harm caused by its rifles.
In 2000, another Montanan, 9-year-old Gus Barber was killed when a Remington Model 700 series bolt action rifle discharged without a trigger pull. The rifle discharged when the safety was released to unload the rifle. More than 100 lawsuits have been filed by injured people against Remington involving the defective trigger system.
Public Justice has filed a motion to intervene and a brief in support of that motion in Aleksich v. Remington -- the first procedural steps toward Public Justice's ultimate goal of unsealing the court file and exposing the truth about the defective rifles.
]]>One of the injured, a 77-year-old man, is still in the hospital as a result of injuries suffered in the accident. A lawsuit filed on his behalf alleges that the bus driver was rushing to stay on schedule. The man's attorney stated, "He was pressured to stay on schedule, and that's the reason he was driving 65 miles per hour on a skating rink." The lawsuit also names the man's wife, although she was not a passenger on the bus. The attorney said that his client had several broken bones and was in a coma after the accident.
]]> Even though the speed limit is 75 miles per hour where the crash took place, Montana law states that drivers must slow down to a speed appropriate for the conditions of the road. The bus company took over this particular route from a large bus company. The large bus company refers to the smaller bus company as a contractor. The bus company's owner said his company is not a direct contractor for the larger bus company, but the two companies share ticketing services.The smaller bus company's owner said he has not seen the lawsuit and that the accident investigation was still pending. He also stated that he was not aware of any citation or charges against the bus driver or the company. The owner said the company was "taking care of all the bills" and "taking care of all the passengers' personal effects and replacing everything that's broken."
A spokesperson for the larger company did not have a comment for news sources.
Source: The Republic, "Passenger in deadly Mont. bus crash files lawsuit against Rimrock Stages, Greyhound," Matthew Brown, Feb. 14, 2012
]]>The negligent driver stated she slept for five hours, then took an oxycodone and drank a Bloody Mary on an empty stomach. She was driving the family's Toyota Tacoma and hitting speeds at 20 mph over the speed limit when she hit another vehicle as she tried to change lanes. After she hit the other vehicle, her Toyota flipped, killing her husband and adult daughter.
]]> When a police officer told her that her daughter was ejected from the vehicle because she wasn't wearing her seat belt, the mother told the police that it was her daughter's fault she wasn't wearing a seatbelt. The mother seemed to be more concerned about who was going to feed her horses and cats while she was in jail, rather than the fate of her husband and daughter.The police reported that the mother acted unremorseful after the accident and that she had a sleepy demeanor, smelled strongly of alcohol and had glassy eyes. The mother failed a field sobriety test, but told police that she was just tired from taking the oxycodone. The woman's blood alcohol level was allegedly twice that of the state's legal limit. She had a previous DUI in 2005, for which she plead no contest and served 24 months probation.
The woman was driving approximately 85 mph in a 65-mph zone when she crashed, according to police. The driver in the vehicle that she sideswiped was not injured and told police that he never saw the woman until he felt a crash on the left side of his truck. He saw the woman swerve back to the center lane and the left lanes then turn right before the truck started rolling.
Source: Morgan Hill Times, "CHP: Gilroy woman was 'unremorseful' after fatal crash," Feb. 9, 2012
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