This past Sunday, a Jefferson County man was arrested for second-degree assault and driving while intoxicated after he caused an ATV accident.  The wreck happened in Hillsboro, Missouri near Jarvis Road and Juanita Drive.  The initial report is that two men were driving ATVs.  A forty-seven year old driver was trying to pass a thirty-eight year old rider and the ATVs collided.  The forty-seven year old man suffered a critical head injury and was sent to St. John's Mercy in St. Louis.

We handle a number of ATV accidents at our law firm and this accident underscores how dangerous they can be.  An additional issue that always arises in ATV crashes is insurance coverage.  Many times, automobile insurance will not provide coverage for accidents occurring on an ATV.  Most of these policies have off-road vehicle exclusion; however, many homeowners' insurance policies will provide coverage but there are many technical hurdles.  An experienced Hillsboro personal injury lawyer should be able to navigate those issues.

If you have been injured and would like to speak with a Missouri personal injury lawyer, feel free to contact us at 888-956-2487.  It is always fee to discuss your case and there are never any fees until and unless we recover on your behalf. 

Just yesterday, Orville Tasco was injured while riding his bicycle along Route C, near La Grange, Missouri.  The initial report is that he was struck from behind by 21-year old Joshua Norcross who was driving a 2007 Chrysler.  It is further being reported that Norcross did not see the bicycle. 

 

The crash happened at 8:10 p.m.  Obviously it would have been dark out; however, motorists always have a duty to pay attention to all of their surroundings.  Further investigation into this case should reveal exactly where on the road Tasco was riding his bike and whether he had any reflectors.  The answers to those questions are not being reported; however, it is known that Tasco was taken by ambulance to Blessing Hospital in Quincy, Illinois.

 

Joshua P. Myers is a Missouri Personal Injury attorney specializing in significant accident cases.  He travels throughout all of Missouri and Illinois in his cases.  If you have been seriously injured and would like to speak with Missouri car accident lawyer Josh Myers, please feel free to contact him at 888-956-2487.  It is always free to talk about your case.

Recently a 7-year-old boy was killed when he from injuries he sustained after being thrown from an ATV was riding.  The initial report is that the child was riding under parental supervision and was wearing a helmet.  He then hit a curb and was thrown from the ATV.  The ATV then rolled down a hill, hit a tree and caught on fire.  However, it is being reported that his injuries were not caused by the fire, but from head and chest trauma.

Our hearts go out to the boy's family.  It is unknown whether they are currently seek an ATV Injury Lawyer.  In recent years, there have been a number of lawsuits against ATV manufacturers.  These lawsuits arise under product liability laws.  There have been many successful lawsuits against various ATV manufacturers for defective design. 

If you are seeking an experienced Illinois Personal Injury Lawyer, contact Josh Myers at 888-956-2487.  It's always free to discuss your case and there are never any fees until we recover on your behalf.

56-year-old construction worker, Gregory Glover of Eureka, was killed Friday morning while working on a road-widening project on Highway 5 in Boonville, Missouri.  Glover was off the road and wearing a reflective vest, and he was pronounced dead at the scene. 

He was struck just after 10:00 am by Karen Redfern, of Boonville, who then proceeded to crash into a ditch.  The speed limit was 45 mph, but it was well marked with cones and signs, according to the Highway Patrol.  Redfern was not injured in the accident.

Court records indicate that Redfern was intoxicated on alcohol and drugs.  She admitted to drinking, but claims she didn't remember the crash.  Redfern was arrested and is being charged with armed criminal action, first-degree assault with physical injury,  first-degree involuntary manslaughter, and driving while intoxicated-prior offender.  She has completed a substance abuse program after she was charged with drinking and driving in July 2008.

This tragic story illustrates the dangers of drinking before getting behind the wheel.  But in this particular case, criminal charges definitely seem warranted.  How is it that Karen Redfern can't remember the crash?  Is it because she was extremely drunk?  Her Blood Alcohol Content has not been disclosed.  But we do know that she ran completely off the road where she struck Glover who was wearing a reflective vest.  And yet she doesn't remember any of this!  Of course, it should not go unnoticed that Karen Redfern previously pled guilty to drunk driving in July 2008.

In wrongful death cases, Missouri law holds that there are three classes of possible wrongful death claimants.  Generally, a spouse, children, or parents of the killed driver is eligible to bring a wrongful death case. 

If you have been injured and would like to speak with a Missouri Car Accident Lawyer, contact Josh Myers at 888-956-2487.  It's always free to talk about your case and there are no fees unless and until we recover on your behalf. 

Recently, truck driver Jeffrey R. Knight, caused an 11-car pile up on Highway 40 just west off Interstate 270 near Chesterfield, MO.  Our initial report is that 16 were injured, including several fatalities.  Ironically, the trucker was not injured.

Witness Frank Steinhoff was in the lane next to the trucker.  Steinhoff estimated the truck was traveling approximately 75mph - well over the speed limit.  He said the truck never slowed down, but rather "He kept going and hitting cars".  

Sgt. Al Nothum of the Missouri Highway Patrol said that Knight basically "ran over several vehicles".  Sgt. Nothum further stated that he had a pretty good idea of what caused Knight to leave this path of destruction, but declined to disclose the details.  However, he did indicate that he did not believe drugs or alcohol played any role.  

The destruction was so massive that authorities spray painted numbers on all of the cars involved for help in the investigation.  

I'm proud to say that we've recently launched our new Missouri Car Accident Attorney site.  The blog will be updated regularly and will focus on auto injury law and car wrecks throughout the State of Missouri.  Additionally, we are continuously posting useful information for those who have been injured in a wreck. Finally, the site will also feature our soon-to-be released new book: The 7 Biggest Mistakes That Will Destroy Your Car Wreck Case.

Investigators are continuing to search for a white male in a white passenger van who struck a 15-year-old boy who was crossing I-55.  The incident happened near the Reavis Barracks Road Exit.

As a St. Louis car accident lawyer, one of the issues I am constantly faced with is whether I should allow my clients to give a recorded statement to the insurance adjuster.  Additionally, I even receive a lot of emails from clients whom I don't represent who want to know if they should give a recorded statement.

 

First and foremost, you are never required to give a recorded statement.  But the answer to whether you should give a recorded statement is that it depends on your ultimate goals.  In my cases, I rarely let my clients speak with the adjuster simply for the fact that the adjusters hardly ever offer a fair settlement value anyways, and there is no point in letting the insurance company have two bites at the apple.  By this I mean that once we file the lawsuit the defense attorney will be able to depose my client under oath so why give him a head start by allowing him to read the recorded statement too?  On the other hand, there are times where, for various reasons, we may not want to file suit on the case but rather settle it up front with the insurance company.  In these situations where they ask for a recorded statement, sometimes we have no choice but to let them do it.  Obviously, there is no requirement that insurance companies settle your claim with you and there certainly is no requirement that they pay a certain amount.  Simply put, insurance companies have one goal and that is to pay you as little as possible.  The recorded statement only serves their purposes as they will often try to pick apart your words and twist them into something they are not so they can use it against you later.

 

Of course if you are trying to handle your claim yourself you may have little leverage in denying the insurance company a recorded statement.  They may say that without it, they will not offer you a settlement.  Again, there is no rule that says they are entitled to a recorded statement but if you do not have a lawyer, they know there is nothing you can do about it.

 

For those who will give a recorded statement, I highly suggest that you limit your discussion only to the facts at issue in the case.  Never make any kind of statements which may implicate you of being guilty of any negligence if that is not the case.  Additionally, if you are going to talk to the insurance agent about your injuries, make sure you tell them every last detail.  Generally, a person's out of court statements cannot later be brought into court because it is hearsay.  However, there is an exception when you are the plaintiff in the case.  Your out of court statements can always be brought into court and used against you. 

 

And finally, never be fooled into thinking that the insurance adjuster is your friend or will be fair to you if you are fair to them.  Again, they have one goal and that is to pay you as little money as possible.  Many good insurance adjusters will try very hard to sound very sweet and very caring but at the end of the day it's all about the bottom line to them.

 

Joshua P. Myers is a St. Louis personal injury lawyer specializing in auto accidents.  He is president of Myers Injury Law and handles car accident lawsuits throughout all of Missouri and Illinois.  If you have been seriously injured in a car wreck and would like to discuss your case with him, please feel free to call at 888-956-2487.  It is always free to discuss your case and there are never any attorney's fees until we collect on your behalf.

---

This past Saturday night a horrible car wreck in Farmington, Missouri killed 5 people.  Gregory Fulton and his wife Yvonne Fulton were headed home from prayer service at about 11:40 pm.  The iitial report is that they were headed south on Highway OO in their Cadillac DeVille.

Coming in the opposite direction was a Pontiac GTO.  In that car was Walter Barker, his wife Bessie "June" Barker, and their friend Norma Holloway.  The three were returning home from a high school reunion.

It is believed that the GTO crossed the center line and struck the DeVille head-on.  All died at the scene except for Yvonne Fulton who was lifeflighted to St. John's Mercy Medical Center where she was pronounced dead the following day. 

A recent online St. Louis Post-Dispatch article made several comments about alcohol.  Actually the reference was that there was no indication that alcohol was involved.  I have to wonder why they even made the reference if there was no indication it was involved.

This is of course a very tragic story and reinforces that drivers must vigilantly be paying attention at all times.  

It is not known whether any of the families have consulted attorneys to look into a civil matter.  The initial impression would be that Barker negligently crossed the center line but this can never be assumed or taken for granted.  As a Missouri Car Accident Lawyer, I have been involved in numerous cases where facts come out we did not expect which completely changes the case. 

In serious car accident cases like this, it is important to conduct a thorough investigation.  This often involves employing an accident reconstructionist.  When so much is at stake, these things cannot be left to chance. 

In a wrongful death case such as this, the immediately family members of the deceased can bring a claim.  Most often this is the children.

In addition to the Fulton's, June Barker and Norma Holloway's family would also have a probable claim against Barker since they were just passengers and it is unlikely they did anything to lead to the collision.

Legal issues aside, our hearts and prayers go out to the families.

Joshua P. Myers is a st. louis personal injury attorney and President of Myers Injury Law, LLC.  He specializes solely in Injury Law and handles car accident cases throughout all of Missouri.  If you would like to speak with Josh about a potential case, feel free to call at 888-956-2487.  It's always free to speak about your case.