While reading the news, I came across a story about a Tunas, Missouri teenager who was killed by a drunk driver in Ozark, Missouri on May 31.  The story reported that Joshua Bridges, 21, of Fair Grove was killed when the car in which he was riding turned in front of a truck.  The car was being driven by 17-year-old Karena Smith who was recently charged with first-degree involuntary manslaughter and two counts of second-degree assault.  The charges were based on Smith's reported BAC of .191.  This is more than twice Missouri's legal limit.  She was also driving on a revoked license due to pleading guilty to a DUI less than two weeks earlier.

Also injured in the car wreck were Ashley Pierce and Shannon Mitchell.  Pierce was riding in the car with Smith.  It is reported she suffered a head injury (brain injury), concussion, and a broken pelvis.  Mitchell was driving the truck and was said to have suffered a broken wrist. 

As a Missouri Car Accident Lawyer, I wanted to use this case to illustrate some examples.  First, we can all acknowledge the tragic nature of this accident and surely all of our hearts go out to all the families of those involved, especially to the Bridges.  As for the legal issues involved, they revolve around the different types of insurance which may be involved here.

First, if Pierce maintained any automobile liability insurance, surely it must pay the full extent of its policy limits to everyone involved.  But since she was a minor, I assume she lived at home with parents.  Due to a very recent Missouri Supreme Court case, their separate policies of automobile insurance (if they have them) can also be made to compensate the injured parties. 

Moreover, if the car belonged to Pierce's parents, then there is probably a valid claim for negligent entrustment against them for allowing her to use the car (if they in fact did allow her to do so).  If they did, then their homeowner's insurance may also be responsible for compensating the injury victims.  Most homeowner's insurance have a $300,000.00 policy limit.

Also, given the nature of Pierce's actions, her insurance company can be made to pay the injured parties immediately.  If it delays, then a great Missouri car accident attorney will obtain a judgment and then sue her insurance company for bad faith refusal to settle and obtain the full extent of the judgment.  In this type of case, a judgment may well exceed into the millions of dollars. 

Finally, the parties involved may have underinsured motorist coverage.  If they do, that will also come into play as Pierce's insurance company will surely have to pay the full extent of its policy limits.  In Missouri, most of these policies contain a lot of fine print so that they can try and get out of paying.  For example, if one accepts a settlement from the responsible party's insurance company before obtaining permission from their own insurance, then the underinsured motorist coverage can be voided.

Josh Myers is a premier Missouri car accident attorney.  Over the years he has recovered millions of dollars in verdicts and settlements.  His achievements have garnered many recognitions including induction into the Multi-Million Dollar Advocates Forum, induction into ATLA as a Top 100 Trial Attorney in Missouri, and being named as one of St. Louis' Top 10 personal injury lawyers by CitySpur.com.  He handles severe injury cases throughout all of Missouri and Illinois and can be reached at 888-956-2487.  He is also the author of The 7 Biggest Mistakes That Can Destroy Your Car Accident Case which is offered free of charge at his Missouri Personal Injury Lawyer website. 

Recently, I was asked "Who can file a wrongful death lawsuit in Illinois".  In Illinois, this question is goverened by the Illinois Wrongful Death Act.  The law has undergone a myriad of changes and is the subject of many legal articles.  However, I'll try and answer that question here as straightforward as possible. 

Essentially, the law requires that the lawsuit for wrongful death be brought "by and in the names of the personal representatives" of the deceased person.  Thus, technically, anyone who is entitled to be named a "personal representative" can file a wrongful death lawsuit in Illinois.  However, this does not mean they are entitled to the money.  Rather, the money recovered "shall be fore the exclusive benefit of:

• the surviving spouse; and
• the next of kin

Moreover, the Court will divide the total amount between these two classes in the proportion that the percentage of dependency of each person had to the deceased person. 

 

What Can You Sue For

When discussing what you can sue for, or what you can obtain money for, Illinois Wrongful Death Lawyers call this "damages".  Essentially, this refers to the type of things a person can talk about during trial and the type of evidence that can be presented.  In wrongful death cases, the rules about what you can talk about and the evidence you can resent vary widely across the states.  I happen to think Illinois has a good set of laws.  Specifically, in an Illinois wrongful death case, you can present evidence as to the:

• Pecuniary Damages - the amount of money that has been lost such as if you are a stay at home mother and your deceased husband made all the money; or if the plaintiff is a child and relied on the deceased parent for financial support;
• Grief;
• Sorrow; and
• Mental Suffering

Of course, the ways to effectively present this to a jury vary widely.  Wrongful death cases are unlike many other personal injury cases in that there is generally no physical pain, or complex medical procedures to talk about.  Rather, the case is about what the loss of a loved one means to the plaintiff.  If there is any type of case in which the Illinois Wrongful Death Attorney must show the true depth of the relationship and bring out human emotions, it is the wrongful death case. 

Josh Myers is a founding partner of Schultz & Myers, LLC and President of Myers Injury Law, LLC.  Based in St. Louis, Missouri, his practice is limited exclusively to serious personal injury and wrongful death claims throughout all of Missouri and Illinois.  To further discuss a potential case, he can be reached toll-free at 888-956-2487.  It is always free to discuss a case and there are never any attorney's fees until and unless his firm recovers on your behalf. 

St. Louis, Missouri Personal Injury Lawyer Joshua P. Myers (Josh Myers) has been inducted by Missouri and Kansas Super Lawyers into its 2010 Super Lawyers Rising Star edition. Only 2.5% percent of the lawyers in the state are named as a Super Lawyers Rising Star.
Attorney Joshua P. Myers Named As 2010 Missouri Super Lawyers Rising Star

The selections for this esteemed list are made by the research team at Super Lawyers, which is a service of the Thomson Reuters, Legal division based in Eagan, MN. Each year, the research team at Super Lawyers undertakes a rigorous multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. Thomson Reuters, Legal publishes Super Lawyers magazines across the country. In addition to the magazines, Thomson Reuters, Legal publishes newspaper inserts and magazine special sections devoted to Super Lawyers. In 2010, Super Lawyers will reach more than 15 million readers.

"2010 has been a great year and and to be included in as a Super Lawyer's> Rising Star is a crowning achievement", said Myers.

Super Lawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in February 2010. Thomson Reuters is the world's leading source of intelligent information for businesses and professionals. Super Lawyers can be found online at superlawyers.com where lawyers can be searched by practice area and location.

More information can be found online at http://www.joshmyerslaw.com

It has now been reported that 52-year-old Charles A. Martin of Perryville, Missouri was one of the two victims killed in Wednesday's catastrophic tractor-trailer collision on I-55 near McNutt Road.  28-year-old Alana McKnight has been identified as the other victim. 

Charles was driving a 2005 Ford Focus at the time of the crash.  It was one of three cars reportedly hit from behind by a semi tractor-trailer driven by Jay L. Valentine of Texas. 

Our previous posts about this wreck include:

Fatal Herculaneum I-55 Truck Accident - A Legal Analysis 

Missouri Truck Accident Lawyer Discusses Heruclaneum Semi-Truck Crash 

 

Mr. Valentine has not yet been charged in connection with this collision.  However, that may still occur as the Missouri Highway Patrol continue to investigate the wreck.  It is expected that it may be two more weeks before the report is finalized.

For now, our hearts and prayers go out to the families and loved ones of Charles Martin and Alana McKnight. 

 

28-year-old Alana McKnight has just been identified as one of the victims in Wednesday's fatal semi-truck crash on I-55 near McNutt Road in Herculaneum.  Alana was killed when a tractor-trailer truck driven by Jay Valentine of Texas smashed into the rear of several cars, including hers.  It is currently believed the wreck occurred because the semi truck driver was not paying attention.  Previous posts about the accident can be viewed here:

• Fatal Herculaneum I-55 Truck Accident - A Legal Analysis 
• Missouri Truck Accident Lawyer Discusses Heruclaneum Semi-Truck Crash 

Alana is a single mother who leaves behind a 10-year-old daughter.  I thought the news coverage pictured above did a good job of capturing the lives she touched and the loss that will be left behind. 

This is a senseless tragedy and my hearts and prayers go out to her family and most of all her young daughter.  I would hope that someone will be setting up a fund to help support her daughter - if anyone knows of that, please leave the details here in the comment section. 

 

Yesterday, I commented on a catastrophic truck accident that occured on I-55 near McNutt Road in Herculaneum, Missouri.  You can read that original post on our St. Louis Personal Injury Lawyer Blog.  Today, updated details have been released.  As of yesterday, it was being reported that one person had died and several other had been severely injured.  Unfortunately, two people have now died.  This includes a 52-year-old man and a 28-year-old woman from Festus.  Out of respect for the families, the names are being withheld.

One name that is being reported is that of Jay L. Valentine from Texas.  He is identified as the truck driver who caused the collision.  Authorities have not filed any charges against him, however, the Missouri State Highway Patrol will continue their accident reconstruction investigation which is expected to take up to two weeks.

As for the legal analysis, there are multiple potential claims here.  First, Missouri's wrongful death statute applies and grants the right for the families of those killed to file a lawsuit.  Under Missouri law, potential plaintiff's are divided into three classes:

• Class 1 - this includes the parents, spouses, and/or children of the deceased;
• Class 2 - brothers and sisters of the deceased;
• Class 3 - a court-appointed representative.

Essentially how it works is that any person in Class 1 has priority to file a wrongful death claim.  If there are no persons who fit into Class 1, then members of Class 2 have priority.  Wrongful death claimants are allowed to recover by law, not only for the loss of their loved one, but also for the loss of the financial support.  This means that minor children can recover for all of the years worth of financial support they would have received.  Obviously this money is put into a protected fund to make sure it is not squandered or wasted, but rather is there to provide for the child as he or she grows older.  Additionally, spouses can recover by law the financial support that they have been deprived of.  This is often the case when the breadwinning spouse is killed.  The other spouse, often a stay at home mom, is left with no source of income.  Missouri law allows the wife in that situation to recover for all of her husband's lost income. 

As a specialized Missouri Truck Accident Lawyer, I know the games the truck companies and their insurance companies play after a tragedy like this.  They know they will have to compensate these families.  Rather, they try to severely limit the amount they will pay.  It happens every day.  A great attorney who knows how to handle a truck accident case will make sure that they do not get away with this and pay these families equal to what they took away.

Joshua P. Myers is a Premier Missouri Personal Injury Lawyer.  He is a founding partner of his law firm and also the President of Missouri Injury Law, LLC.  His firm specializes solely in severe and catastrophic injury cases with an emphasis on commercial motor vehicle collisions (Semi-Truck Wrecks) - click here for his Missouri Truck Accident Website.  He is a member of the Multi-Million Dollar Advocates Forum - membership is limited to only those top attorneys who have achieved multi-million dollar recoveries in a single case.  Based in St. Louis, MO, his firm handles cases throughout all of Missouri and Illinois.  He can be reached toll-free at 888-956-2487.  It is always free to discuss a potential case and there are never any upfront fees to retain his firm.  Rather, attorney's fees will be taken as a percentage of the recovery and the firm will also front all case expenses.

Earlier this afternoon, a semi-truck (18-wheeler) caused a catastrophic wreck on I-55 in Herculaneum, Missouri. The accident occurred when the tractor-trailer truck slammed into traffic stopped in front of it. Below is a video of the news cast:

Tragically, one person was killed and three others were sent to the hospital.  The names of the parties are being withheld until family members are notified.  In reviewing the story online at Fox 2 News website, there are currently over 40 comments.  What is driving me crazy is all of the comments that people are posting saying that it cannot be assumed that it was the truck driver's fault.  They say that cars often cut in front of semi-truck and then slam on the breaks!?!?

Unfortunately, the people posting these ridiculous comments are also the same type of people who may someday be called to serve on jury duty on this case.  They use insane logic to reach an insane verdict. 

The fact that the truck driver essentially drove over the rear of these cars is undisputed.  Of course it is the truck driver's fault!  Not only is it common sense, but this is legally the case according to Missouri's rear-end collision doctrine which says that a driver who hits another in from behind is legally responsible as long as the driver in front did nothing to cause the accident.  

Of course, what most people and even lawyers fail to consider is that semi-truck accidents such as these are not the result of momentary negligence.  Rather, they are the culmination of an unsafe trucking company keeping a blind eye to an unsafe driver.  Of course, unless these issues are aggressively brought to light, the public will never know.  I guarantee that behind this crash is the trucking company's insurance company who already has an adjuster assigned who is working to limit its exposure to the families whose lives have been destroyed.  As an experienced Missouri Truck Accident Lawyer, I know there are several steps that need to be taken immediately on behalf of these families.  These include:

• Sending an evidence preservation letter to the truck driver, truck company, safety director, and company President.  This is a letter that demands that the company maintain and not destroy certain records (There are a number of records that the Federal Safety Regulations require truck companies to maintain - for a while)
• Getting an immediate download of the ECM (black box) to determine the trucker's actions in the moments leading up to the wreck (See my prior post on our Missouri Truck Accident Attorney Blog on downloading the ECM)
• Obtain the Missouri Highway Patrol Accident Reconstruction report (which is surely underway) and obtain witness statements from everyone involved.

Simply put, if this is a case of a truck driver momentarily glancing away, then the driver is negligent and their insurance company should compensate these families for what was taken away.  However, if this is a situation of an unsafe trucking company putting an unsafe truck driver on the road, then they should be held responsible, not only to the family, but to the general community by paying punitive damages.  Certainly our prayers go out to all families involved and to the injured parties.

Joshua P. Myers is a Premier Missouri Personal Injury Lawyer.  He is a founding partner of his law firm and also the President of Missouri Injury Law, LLC.  His firm specializes solely in severe and catastrophic injury cases with an emphasis on commercial motor vehicle collisions (Semi-Truck Wrecks).  He is a member of the Multi-Million Dollar Advocates Forum - membership is limited to only those top attorneys who have achieved multi-million dollar recoveries in a single case.  Based in St. Louis, MO, his firm handles cases throughout all of Missouri and Illinois.  He can be reached toll-free at 888-956-2487.  It is always free to discuss a potential case and there are never any upfront fees to retain his firm.  Rather, attorney's fees will be taken as a percentage of the recovery and the firm will also front all case expenses.