St. Louis Personal Injury Attorney & Workers Compensation Lawyer
 

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Five-Hundred Thousand Dollar Verdict Obtained for Missouri Truck Accident by Attorney Joshua P. Myers

I am proud to announce that this past Wednesday, a federal jury returned a verdict in the case of Burroughs v. Zurich American Insurance Company et al in the amount of five-hundred thousand dollars.  As a Missouri Truck Accident Lawyer, this was especially gratifying given that the two insurance companies against whom we proceeded to trial thought that they had absolutely no liability.  Of the two insurance companies, one refused to offer a dollar before trial, while the other offered a total of six thousand dollars.  Ironically, before trial, I had told the insurer that offered six thousand that I would recommend settlement to my client if they would pay ten-thousand dollars.  They refused to do so. 

 

The case centers around a car accident that occurred on March 9, 2007.  At the time, my client was working as an employer for the Flying J.  He was hauling a tanker truck east bound on Interstate 70 near Bryan Road in Wentzville, Missouri.  At that time, he was driving in the far left lane.  In the lane to the right of him was another tractor trailer owned by Mackie Moving Systems Corporation.  They are a trucking company out of Canada.  As the two went under the Bryan Road overpass, the Mackie truck suddenly swerved into my client's lane.  This caused my client to hit the brakes and also swerve over to the left in which he nearly missed the median.  While doing so, he was fighting his wheel and jerking it back and forth to avoid a bigger collision.  There were two eye witnesses from the scene.  One of them explained what caused the Macki e truck to swerve over into my client's lane.  That was a white car that was coming off of the Bryan Road overpass.  As it got to Interstate 70, it swerved left into another lane when it had no room to do so.  When it did this, it caused a red truck to swerve left into the Mackie tractor trailer.  This caused the Mackie truck to swerve left into my client.  The white car kept on going and no one knows the identity of that driver.  Thus, under the law, is considered an uninsured motorist.

 

Thus, the case proceeded against Mackie Moving Systems Corporation and the two insurance companies.  The reason that we were able to sue the two insurance companies was that both policies carried a type of coverage known as uninsured motorist coverage.  This type of coverage will compensate a person for injuries caused by an unknown motorist-in this case the driver of the white car.

 

As a result of the incident, my client suffered a herniated disc.  He endured fifteen months of medical treatment  stretching out over fifty-five different doctor's appointments and culminating in a L5-S1 spinal fusion.  At trial, the jury heard about the eighty-eight thousand dollars in medical bills charged to my client as a result of all of this medical treatment.  The trial lasted three days and was very contentiously fought.  During closing arguments, I asked the jury to send my clients home with nothing if they did not believe what I had been telling them throughout trial.  However, if they did believe what I was telling them, I asked the jury to make the insurance companies to pay my clients every last dime of what they deserved.  Specifically, I asked them to return a verdict for five-hundred thousand dollars.  After three and half hours of deliberation, the jury did just that. 

 

I am extremely pleased with the result and more importantly, I am extremely pleased for my clients.  This was the culmination of two and a half years of litigation during which time they felt like they had been called liars by the insurance company they had been paying over the years to protect them.  This case is just an example that if you fight hard, and have clients who tell the truth, jurors will still award a fair amount. 




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Charles Howdeshell Charged After Mexico, MO Car Accident Kills 1 and Injures Others

Tragedy occurred on Highway 54 just west of Route A this past Sunday, July 11, 2010.  Three cars were involved in an accident in Audrain County, just east of Mexico, that left one dead and many others seriously injured.  The fatal wreck occurred when a 1998 Pontiac driven by Charles Howdeshell attempted to pass a 2004 Mazda.  The 2004 Mazda, driven by Douglas Hill, was in the right lane and Howdeshell tried to pass them on the left.  While attempting to do so, Howdeshell somehow struck the 2004 Mazda causing it to lose control.  This sent Douglas Hill's Mazda into oncoming traffic where it then collided head on with a 2008 Chevy driven by Robert Becker.  This caused extensive damage to both Hill and Becker's car.

Seated in Hill's 2004 Mazda were Jay Ballenger and Karen Ballenger of Tipton, Iowa.  Also in the car was Lynn Fraker.  Unfortunately, Fraker was killed in the accident and pronounced dead at the scene.  Both Karen and Jay Ballenger were described as seriously injured and were taken by ambulance to the Audrain Medical Center. 

Seated in Robert Becker's 2008 Chevrolet was the rest of his family which included Alexander Becker, Christopher Becker, Denise Becker, and Mackenzie Becker.  The entire Becker family sustained injuries and were taken to the Audrain Medical Center except for Mr. Robert Becker who was later flown by helicopter to University Hospital. 

The most disturbing part of this crash is that the man, who caused it all, Charles Howdeshell, was arrested and charged with numerous crimes including involuntary manslaughter, second degree assault, driving under the influence of drugs (DUI), possession of marijuana, and careless driving.  Incredibly, he has been reported as posting $250,000.00 bail to get out of jail for the time being.

If Mr. Howdeshell was in fact driving under the influence of drugs, I hope they throw the book at him for all of the devastation he has caused.  As a St. Louis, Missouri car accident lawyer, I have seen first-hand the damage that can be caused by driving under the influence.  In this case, several people lives have been changed forever.

From a legal perspective,   there are a number of things involved here.  First, Mr. Howdeshell is listed as being insured by American Family Insurance.  Undoubtedly, there is not enough insurance to go around to compensate for all of the damage caused by this.  In these instances, a very smart personal injury lawyer would try to set American Family up for bad faith (which the way they operate, is not hard to do).  This means that an unqualified settlement demand for the policy limits must be sent, giving them a very short time frame.  If they don't pay it pursuant to those terms within the time given, the case can then proceed to a jury who will assess by their verdict the full amount of the damages for the destruction caused by Mr. Howdeshell.  Later case can be pursed directly against American Family to make them pay the entire amount of that verdict.  This is called a bad faith lawsuit. 

Additionally, given that he has been charged with driving under the influence of drugs and was also in possession of drugs, a claim can be made against the owner of the vehicle for negligently allowing him to driver their vehicle.  The only reason these types of claims are made is to find additional insurance coverage to compensate these injuries.

Finally, in these events where the defendant does not have enough insurance to pay for all of the damage, the injured parties may have underinsured motorist coverage on their own car insurance policy.  Underinsured motorist coverage is specifically for this type of incident where there is not enough coverage to go around.  Essentially, a claim is made against your own coverage for that additional benefit.

For now, our hearts go out to the Fraker family and we hope that everyone else recovers quickly from their injuries.  Finally, we hope that the justice system does its part to ensure that Mr. Howdeshell never drives again.

Joshua P. Myers is a Premier Missouri Car Accident Attorney.  Based in St. Louis, Missouri, his firm handles catastrophic car accident cases throughout the entire state.  He is a member of the American Trial Lawyers Association as one of the top 100 trial lawyers in the state.  He is also inductee of the Multi-Million Dollar Advocates Forum limited to those attorneys, which have achieved single case recoveries of two million dollars or more.  He can be reached directly at 888-956-2487 or 314-720-2706.  It is always free to call and talk about a case and there are never any fees or money required up front.  Rather all fees are taken as a percentage of the recovery he obtains for his clients.




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Tunas, Missouri Teen Killed by Drunk Driver - Personal Injury Lawyer's Analysis

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. 



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Name of Festus Victim Released in Herculaneum I-55 Truck Crash

 

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:

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. 

 




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Missouri Truck Accident Lawyer Discusses Heruclaneum Semi-Truck Crash

Semi-Truck Caused Wreck on Northbound I-55 at McNutt In Herculaneum

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. 



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Who is the best lawyer in St. Louis, Missouri to call if you were injured in a car accident?

Many people injured in a car wreck want to know who is the best lawyer in St. Louis, Missouri to call. It's a very hard question to answer and lawyers are prohibited from answering it by the ethical rules.  

Moreover, the real question you should be asking is who is the right lawyer for you. Foremost, any person injured in a car accident needs to be represented by a car accident lawyer who is going to aggressively fight on their behalf. Beyond that, there are a number of other factors to consider when you are trying to choose the best car accident lawyer.

First, you need to find an attorney that solely specializes in personal injury cases. Do not choose a lawyer who handles traffic tickets, criminal cases, etc. These lawyers are not specialists in personal injury.  This is very important as personal injury law is very unique.

Second, find a St. Louis, Missouri car accident lawyer with a history of success. What I mean by that is you need a lawyer who knows how to handle the big cases. Even if your case is not a million dollar case, it is good when the insurance companies know you are represented by a  million dollar lawyer.

Third, find a lawyer who will take the time to explain the process to you.  One of the biggest complaints clients have is that their lawyer will leave them in the dark throughout this process. Personal injury litigation is very complex and it can also take a very long time. If your lawyer is not properly explaining everything along the way, you have no idea if they are doing everything that needs to be done or just doing nothing.

If you have been injured in a car accident and you are trying to find the best lawyer for you, call Josh Myers, founding partner of Schultz & Myers LLC. Our law firm exclusively specializes in serious personal injury cases such as car accidents and car wrecks. We are members of the Multi-Million Dollar advocates forum which is limited to only 1% of attorneys in the nation.  Additionally, we are members of the American trial Lawyers Association which is just limited to the top 100 trial lawyers in each state. We know how to handle serious car accident cases.

Additionally, if you would like further information about how to properly handle a car accident case before speaking to a lawyer, feel free to order the book The Seven Biggest Mistakes That Can Destroy Your Car Accident Case, written by attorney Joshua P. Myers. This book explains everything about how the law is supposed to work.

If you would like to further discuss your case, feel free to contact Josh Myers at 314-720-2706 or toll-free at 888-956-2487. It is always free to discuss your case. We only get paid if and when you do.



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THE VALUE OF MISSOURI CAR ACCIDENT SETTLEMENTS AND HERNIATED DISCS

As a Missouri car accident lawyer based in St. Louis, I specialize solely in personal injury, such as those from car wrecks.  One of the most common injuries I see is a herniated disc (aka bulging disc, pinched nerve, slipped disc).  Unfortunately, these are often the most mishandled claims as well.  In our practice, injuries resulting in herniated discs are routinely settled for more money than any other types of injuries except for obvious catastrophic injuries such as paralysis, amputation and severe brain damage.  The reason that a herniated disc injury should settle for so much is because it is a very serious injury.  By that, I mean it directly affects your nervous system which controls essentially every bodily function.  A common reaction of the body in a car accident is to go through a whiplash type motion.  This causes what is known as axial loading on the disc, which in turn causes them to deform and essentially press on either the spinal cord or the nerve roots exiting the spinal cord and leading to either the arms or the legs.  These injuries should be immediately identified giving their common symptoms such as chronic back pain, numbness or tingling throughout the arms and legs, shooting pain down the arms and legs, or bladder control.  Treatments for herniated discs depend on the severity of it and generally range from physical therapy, to epidural injections, to surgery.  There really is no right line as to when surgery is indicated and when it is not, but rather it is always dependent on the person's symptoms.  Of course, symptoms can continue to worsen over time so even though a person may not need surgery right now, they may very well need it two years into the future.  Because of this, these options should never be left on the table when negotiating with the insurance adjuster.  Additionally, if you have any of those symptoms, you should always be treating with an orthopedic spine specialist.  It is the orthopedist who will determine whether or not you have a surgical condition and of course will be able to detail the costs of any potential surgery.  If you are not seeing an orthopedic spine specialist, the insurance company will not take any of these possibilities into account when settling your claim.  I have seen injuries resulting in severely herniated discs settle for less than $10,000.00 because the person was solely treating with a chiropractor.  This is why I suggest everyone involved in a car accident be seen by an orthopedic specialist who can run an MRI and determine if there is any disc injury and any potential for surgery. 

 

As for the value of these cases, it always depends on the amount of coverage that the defendant has.  Frankly, I view every case in which there is a herniated disc as a policy limits case.  In Missouri, drivers are required only to carry a minimum of $25,000.00 of liability coverage.  Thus, if your defendant does have insurance, it is quite possible that they may carry an amount as low as $25,000 - $50,000.  In those cases, I think the insurance company should pay every last penny of it once you have been properly diagnosed with a herniated disc.  Once you get over $100,000.00 in coverage, generally the insurance companies will not pay their full policy limits unless we file suit and move forward.  Of course, if there is only a potential surgery and you presently decline it, they will pay less than for those people who have undergone surgery.  If you have undergone surgery for a herniated disc, and there is enough coverage, I think these cases usually settle anywhere from $150,000.00 to $300,000.00 in car accident cases.  It is often much more if you are struck by a semi truck.  We routinely settle herniated disc surgical cases in truck accidents in excess of $1,000,000.00.  This is because there is often a level of punitive damages because truck drivers routinely violate federal safety regulations.


Our firm specializes in handling car accidents and specifically car wrecks resulting in herniated discs.  Even if you do not have insurance, we have great relationships with a number of orthopedists that will see you, treat you and run MRI.  Of course, they will have to be reimbursed out of the settlement.  But this is a much better option than not trying to get the treatment in the first place or solely being able to treat with a chiropractor. 

              

If you have been injured in a car wreck and have prolonged neck or back pain and feel that you may have possibly suffered a herniated or bulging disc, please feel free to contact us toll free at 888.956.2487 or locally at 314.720.2706.  It is always free to discuss your case and there are never any attorney's fees until and unless we recover on your behalf.




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Please Donate To Help Mother Pay The Funeral Expenses For Her Child Hit By A Truck In Springfield, MO



In a very tragic story, 14-year-old Zhamar Malik Young was hit and killed on December 29 while riding his bicycle.  The above video features his mother, Juanita.  I think she is incredibly brave to speak out like this during this tragedy so others would no how wonderful Zhamar is. 

In the video, Juanita discusses how Zhamar helped her, a single mother, watch the other children when she needed help.  To add to the tragedy, Zhamar's father was killed in 2008. 

As a Missouri Personal Injury Lawyer, I unfortunately am exposed to many sad accidents like this.  However, I have never seen so many people come forward on the internet to express how great an individual was like I have seen in this case. 

In fact, Zhamar was a local hero in Springfield.  He was actually on the news two years earlier for helping save the life of a toddler.  He had caught the youngster who fell from a second story window.  In addition to that, he was known for his music and had a wonderful gift in his voice as evidenced on the above video.

At this time, a trust fund has been set up to help cover funeral expenses.  You can contribute by sending donations to Liberty Bank in Springfield, MO.  I please urge everyone who comes across this to at least send a little something.  As a single mother raising three children, obviously Juanita was already scraping together everything she could for her family.

My hearts and prayers go out to Juanita and Zhamar's siblings.  And also to the rest of the community that was deeply affected by Zhamar's passing.  Our world is short on special people and it certainly seems we lost another with the passing of this young hero. 



« Hillcrest Teen Kimmy Armstrong Accident - Fund Set Up | Main | Please Donate To Help Mother Pay The Funeral Expenses For Her Child Hit By A Truck In Springfield, MO »

St. Louis Car Accident Lawyer Settles Uninsured Motorist Claim for $150,000.00 Policy Limits

Recently, we were able to settle one of our client's Missouri car accident cases for the complete $150,000.00 policy limit.  More important for our client, we were able to achieve this settlement without even having to file the lawsuit.  Our client was injured when she swerved to avoid an unidentified driver who had crossed into her lane.  In doing so, she lost control of her car and went off the side of the road striking a tree.  She then went to the hospital and followed up with her family physician who instructed her to "take it easy."  When she called us, she was still experiencing a lot of back pain and we helped make arrangements for her to see an orthopedic specialist.  An MRI was taken of the spine and it was confirmed that she in fact suffered a herniated disc in her neck and back.  However, because we could not identify the driver who crossed the centerline, we obviously could not make a claim against his insurance.
 
As a Missouri car accident lawyer, we often see cases where the wreck is caused by an unknown driver.  Accordingly, we then investigated and found out that our client had uninsured motorist coverage on her car insurance in the amount of $50,000.00.  However, we also found that she was insured for three (3) different cars.  We were then able to prove to her insurance company that Missouri law allows drivers such as our client to combine the available uninsured motorist coverage for each car insured.  This is known as "stacking."  Essentially, because she had $50,000.00 of uninsured motorist coverage on each car, we were successful in making the argument that she ultimately had $150,000.00 in coverage since there were three (3) cars.
 
Further, her insurance company initially argued that they were not liable because we could not prove the existence of this unknown driver.  They said it was our responsibility to provide proof, beyond our client's own testimony, that the wreck was caused by another driver additional driver.  I wholeheartedly disagreed with their position that we had to show proof beyond our client's statement (were they calling her a liar?), however, it did not matter because one of the first things we do when we get a case is to obtain statements of the police officer and all the witnesses.  These witnesses did in fact confirm that there was an unknown driver who forced our client off the road.  Thus, once our client had completed treatment, we gathered up all the records and sent a settlement demand package to the insurance company with all these documents.  We told them they had thirty (30) days to pay the full limits of the policy or we were going to file suit, not only for our client's injuries, but also for Vexatious Refusal to Pay.  This is an underused law in Missouri and holds that insurance companies are subjected to additional penalties and attorney's fees when they refuse to pay an insurance claim without justification.  On the twenty-seventh day, the insurance adjuster called me back and said that they would in fact be paying the full amount of limits.
 
Joshua P. Myers is the president of Myers Injury Law and a Missouri car accident lawyer.  His practice focuses entirely on personal injury law.  He has been inducted into the Order of Barristers for Outstanding Oral Advocacy and has also been honored into the American Association for Justice which is limited to the Top 100 Trial Lawyers in each state.  If you've been injured in a car wreck and would like to speak with a Missouri car wreck attorney, please feel free to call Josh at 888.956.2487.  He handles catastrophic injury cases throughout all of Missouri and Illinois.  Additionally, there is never any fee to speak about a case and there is never any fee until we recover on your behalf.



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Hillcrest Teen Kimmy Armstrong Accident - Fund Set Up

This past Tuesday, September 22, 2009, Hillcrest High Junior Kimmy Armstrong was seriously injured after being hit by a car.  By all accounts, Kimmy appears to be a wonderful, bright, young teenager and this is an extreme tragedy.  The accident happened about 6:30 am while Kimmy was walking to school to meet with her study group when she was struck in a crosswalk while crossing the street.  Reports are that she was almost completely through the crosswalk.

Kimmy is currently in critical condition.  Her injuries are so severe that the doctors are keeping her in a medically induced coma.  She has suffered serious brain injuries as well as a broken pelvis and shoulder. 

A special webpage has been setup at www.careforkimmie.com.  The page gives details on a fund set up by her family to help cover her medical expenses.  Additionally, donations may be made through paypal. 

Our Missouri Personal Injury Lawyers routinely handle catastrophic injury cases such as this.  One of the ways we maximize our recoveries is to try and set up the defendant's insurance company for a bad faith lawsuit.  Most insurance policies insure drivers for $25,000, $50,000, or $100,000.  In catastrophic cases, this is far from necessary to cover the medical expenses.  So what we do is send a specialized demand package that expires in a short amount of time.  If the insurance company waits just one minute past the expiration date, we rescind our offer to settle for those insurance policy limits.  We will then proceed to trial and obtain as large as verdict as possible.  Many times, the insurance company will pay the full amount of that verdict.  If they do not, we will then file a separate lawsuit against the defendant's insurance company for the full amount of the verdict.  The reason we do that is because they failed to settle the case for the dismal policy limits when they had the chance.

Joshua P. Myers is a Missouri Personal Injury Lawyer handling motor vehicle cases across all of Missouri and Illinois.  If you have been seriously injured and would like a free consultation, feel free to call at 888-956-2487



« 7 Year Old's Death May Spark SunL ATV Lawsuit | Main | JEFFERSON COUNTY MAN CAUSES ATV WRECK »

CAR INJURES BICYCLER IN LA GRANGE, MISSOURI

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.




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7 Year Old's Death May Spark SunL ATV Lawsuit

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.



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Drunk Driver Causes Fatal Crash in Booneville, Missouri.

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. 



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Truck Driver Injures 16 People in Highway 40 Pile-Up

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.  

Highway 40 wreck.jpg
While Sgt. Nothum declined to elaborate on the cause of the wreck, as a St. Louis Car Accident Lawyer, I think it is reasonable to conclude that the truck driver fell asleep at the wheel.  Fatigue is a very common problem for truck drivers and is often caused my a multiple of factors including "highway hypnosis" and driving over the hours.  The federal motor carrier safety regulations govern both the conduct of truck drivers and truck companies.  Truck drivers are required to log not only their driving hours, but also the hours that they are on duty, but not driving and also off-duty. However, Missouri Tractor-Trailer Injury Lawyers often find that drivers fudge these logs.  This can be determined by comparing their logs with the bills of lading (delivery receipts) and the GPS tracking services equipped on these trucks.  

When truck drivers break these laws, we go after the company for punitive damages to punish them for this dangerous conduct and deter them from doing it in the future.  And there is no question that the driver's conduct in this case was extremely dangerous.

The injured included members of an Amish community who were returning from a funeral.  Tragically, two of them, Charles Cason and Lydia Miller,  died in the collision.  

Additionally, Susan Borntreger and Alvin Mast were seriously injured.  Anna Eicher was also injured but was listed in satisfactory condition.

Our hearts and prayers go out to those injured and the family members of those who didn't survive.

If you would like to speak with a St. Louis Personal Injury Lawyer, please call attorney Josh Myers at 314-720-2706 or toll free at 888-956-2487.  It's always free to discuss your case and there are never any attorney's fee unless and until we recover for you.  





















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Police Are Searching For Hit-and-Run Suspect Near Reavis Barracks Road

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.

Luckily, the boy was conscious at the scene and transported by ambulance to the hospital, however, there are no further details on his condition.  But the driver who hit the boy took off and continued driving.  Anyone with information regarding the driver is urged to call County Police at 889-2341 or Crimestoppers at 866-371-8477.   

Personally, I find these situations disgusting.  How could a man hit a young teenager and just keep on driving?  Unfortunately, as a St. Louis Car Accident Lawyer, I see these situations all the time, but it still continues to disgust me.

In hit-and-run accidents, many people think they have no recourse.  However, this is not the case.  Ever person with car insurance has uninsured motorist coverage which steps into the shoes of the unknown hit-and-run driver.  Of course, just like when suing the defendant driver directly, it is still a fight to get the money from your own insurance company and this often involves legal action.  A good number of the car accident cases I handle are claims directly against insurance companies for hit-and-run accidents.

If you have been injured by a hit-and-run motorist and would like to speak with a St. Louis Car Wreck Attorney, feel free to call us at 888-956-2487.  It's always free to talk about your case and there is never a fee until and unless we recover for you.  



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SHOULD I GIVE A RECORDED STATEMENT TO THE INSURANCE ADJUSTER - ANSWERED BY A ST. LOUIS CAR ACCIDENT LAWYER

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.




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St. Louis Car Accident Attorney Discusses Fatal Car Wreck In Farmington, Mo.

Edit:

We were recently informed that we previously reported the facts inaccurately.  Our sincere apologies go out to the family and friends of those involved.


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. 



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Illinois Motorcyclist Killed In Hit-And-Run Car Accident

In a tragic accident, an Illinois man was involved in a fatal accident recently while riding his motorcycle.  Barry Willingham, from Belleville, IL, was killed when when a car struck his motorcycle from behind.  Willingham was thrown from his motorcycle and later died from his injuries at the hospital. 

After the collision, the car, which was stolen, lost control and hit a utility pole.  Two occupants then exited the vehicle and ran away.  It is believed the car was racing another vehicle on the street which also drove away. 

St. Louis Police are currently investigating the incident but it is unknown if they have any leads on the identity, please contact the Metropolitan St. Louis Department or our lawfirm at 888-956-2487.


It is unknown whether Willingham's family is pursuing a wrongful death claim.  Many people may not know this, you do not have to know the identity of the person responsible in a hit-and-run accident.  In those situations, the family can bring a wrongful death lawsuit against the injured persons own insurance company.  This is because virtually every person with car insurance has a type of insurance called uninsured motorist coverage.  With uninsured motorist coverage, your own car insurance company stands in the shoes of the person responsible.  This is a type of insurance that you pay for so don't be afraid to use it.  Additionally, your rates should not be affected since the accident will not be classified as your fault (unless you were at fault).

If you have been in a hit-and-run accident and would like to speak with a St. Louis Car Accident Lawyer, call Myers Injury Law at 888-956-2487.  As a personal injury lawyer, we handle cases throughout all of Missouri and Illinois.  It's always free to talk about your case and we front all case expenses and do not get paid until we recover for you. 



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What Kind of Lawyer Should I Go To In St. Louis After A Car Accident?

Just like the medical field, there are many different types of lawyers.  However, not all lawyers are created equal.  If you've been injured in a car accident, you need to see a personal injury lawyer.  In fact, the worst thing you can do is go to a generalist who practices in many different areas of law.  Rather, just as when you're trying to find a specialized medical doctor, you also want a specialized car accident lawyer.  What I mean about this is find a lawyer who does nothing but injury cases.

 

The reason is because the field of injury law, or tort law, is very complex.  It requires a St. Louis car accident attorney to have knowledge of a number of different areas.  This includes not only knowing the laws related to injury litigation, but also knowing the intricacies of injury law.  One of the biggest problems I see in clients cases who come to me from another lawyer is that the other lawyer did not properly investigate all potential sources of recovery.  This means how many different insurance policies we can make apply to compensate you for your injuries.  People would be astounded by the ways we can make certain types of insurance apply even if the insurance policy itself says it doesn't apply.  This is because there are a number of different laws or judicial cases overruling the limits set forth by insurance contracts.  In fact if your insurance company tells you that your injury is not covered, you should immediately seek advice from a St. Louis personal injury lawyer to see if that is in fact the case.

 

If you've been injured in a car accident and would like to speak for free with a St. Louis car accident attorney, contact Josh Myers at 314-720-2706 or toll free at 888-956-2487.  It is always free to talk about your case and there we never charge by the hour.  Rather, our payment comes from the percentage of the recovery.  Thus, we only get paid if and when you do.  




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Should I Go To A Chiropractor After A Car Accident?

As a St. Louis Injury Lawyer, one question I am asked alot by people injured in a car wreck is "should I go to a chiropractor after a car accident". If you plan on seeking recovery from the insurance company, the simple answer is  NO!  Mind you, this answer has nothing to do with the quality of care a chiropractor can provide. But you need to know that the insurance companies just do not believe you are hurt that bad if you go to a chiropractor. In fact, they value your claim much lower. You are better off to go to a medical doctor. And I don't just mean your family physician. They often just give you a prescription for medicine and tell to try that for a while. It really is the proverbial, "take two of these and call me in the morning".  Rather, you need to see a pain management doctor, a physiatrist (sports medicine and rehabilitation), or an orthopedist. There are a few reasons beyond the fact that the insurance companies attribute more credibility to your case when you treat with one of these doctors. 

 

First, prescription medicines do play an important role in recovery when used in combination with therapy. However, a chiropractor cannot prescribe medicine. Thus, as much as you may need a muscle relaxer, they cannot prescribe it. Second, almost every chiropractor I know will take x-rays of your neck and back. But thy is not good enough. You also need an MRI. Did you know that an x-ray is very crude technology these days and it cannot show a bulging or herniated disc?  An MRI is essential to rule out a herniated disc (pinched nerve, bulging, slipped disc).  Also you may have an annular tear which is a tear of the disc structure. This can cause very local symptoms of pain in the back, but a chiropractor will hardly ever discover this (I have never seen it happen). Finally, a good medical doctor can recognize when you need more aggressive tratment such as epidural injections or even surgery. 

 

At the end of the day, it is my opinion you will get much more focused and specialized care with a skilled medical doctor as opposed to a chiropractor. I certainly don't think it is going to be any worse. And as long as you are going to get the treatment, don't help the insurance company by seeing a chiropractor when we know that neither the insurance company nor even a jury will give them much credibility.

 

The next question is when should you start seeing a doctor after the car wreck. The answer is - as soon a possible. As a Missouri car accident attorney, I have had to turn away countless cases because the person waited to long to seek treatment. This is even in cases where I knew the car wreck was the cause of their injuries, but because of the time lapse a jury would just be too suspicious.

 

If you've just been injured in a car wreck, call a St. Louis Injury Lawyer specializing in car wreck cases. It's always free to talk about your case with Attorney Josh Myers. You can call 314-720-2706 or toll-free at 888-956-2487. Also we have relationships with doctors all over the state who will be glad to see you soon and will even treat you if you have no health insurance.




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St. Louis Accident Lawyer Details Warren County Wreck on I-70 Involving Four Semi-Trucks

Just after noon on December 23, 2008, a multi-car wreck occurred on I-70 in Warren County, about 50 miles outside St. Louis, Missouri.  The wreck involved 10 cars and four semi-trucks (tractor-trailers).  Witness recount that there were several ambulances on these scene which were "taking people to the hospital left and right".  The total number of injuries was not immediately known, but tragically, at least one person was killed in the wreck.  The car wreck shut down I-70 for a number of hours.

A recent storm front moving through the area left the roads wet and icy.  Missouri State Highway Patrol Sgt. Al. Nothum said that accident reconstructionsists had been dispatched to the scene, but it was not clear whether the road conditions were the cause of the car wreck.

St. Louis Car Wreck Lawyers will often rely on the opinions of accident reconstructionists.  However, in this case, reconstruction will be much tougher because of the roads are so wet.  With these conditions, there are often little or no skid marks and/or yaw marks.  Thus, witness statements become imperative.  This is why it is so important to get a St. Louis Lawyer involved immediately.  We will have our investigator obtain detailed statements from all of the witnesses and we will often go out to meet the witnesses and stay in touch with them. 

Memories change over time, and unless the evidence of witnesses memories are preserved immediately, you never know what you are going to get.  In addition to witness statements, there are other reasons why an attorney should get involved immediately.  This is because there are a number of semi-trucks (tractor-trailer, 18-wheelers) involved.  Semi-truck drivers are goverened by a set of laws that do not apply to other drivers.  Additionally, tractor-trailer trucks are often equipped with a "black box", much like air planes, which can tell us exactly what the truck was doing in the seconds before the wreck.  However, this information is stored for only a short period of time.  The best St. Louis semi-truck crash lawyers will obtain the black-box data immediately after the crash.  This will tell us if the truckers were speeding and if they ever hit their breaks before the collision. 

If you have been involved in a car wreck and would like to speak with a St. Louis Personal Injury Lawyer, contact Joshua P. Myers.  You can contact me through my website or call 314-720-2706.  It's always free to discuss your case and our fees are based on a percentage of what we recover. 



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RALLO AND BOMMARITO INJURED IN ST CHARLES COUNTY, MISSOURI CAR ACCIDENT

Recently, Nicholas Rallo and Candice Bommarito were seriously injured in a car accident occurring on highway N in St Charles County. Apparently the car wreck occurred when 16-year-old Rallo lost control of his car and crossed the center line. In doing so, he struck Bomarito head on who was driving in the opposite direction.

 

The speed of the vehicles is unknown, but luckily both of them were wearing their seatbelt. Unfortunately, this did not prevent both of them from sustaining serious injuries. After police and medical personal arrived at the scene, Rallo was flown by helicopter to Cardinal Glennon Hospital and Bommarito was flown to St. John's emergency department.

 

It is further unknown whether the air bags deployed, but given that Rallo was driving a 2008 Toyota Sian and Bommarito was in a 2005 GMC Envoy, it is most likely that the airbags did deploy.

 

It is currently unknow either party has retained a St Louis Lawyer in the matter. Obviously from the simple facts known at this point, it would seem that, given the serious nature of their injuries, and the fact that Rallo crossed the center line, Mr. Bommarito should contact a St. Louis Car Accident Attorney as soon as possible.

 

Generally when we see very bad injuries caused by young teenage drivers, we find out that there is only minimal coverage in the case. I would not be surprised if Rallo only had $25,000 of liability coverage, however, St. Louis Injury Lawyers know not to stop there. We often go back to the non negligent drivers insurance company to see whether they have under insured motorist coverage. This type of coverage is there to protect drivers in the event they sustain serious injuries and the negligent party does not carry enough insurance to fully compensate them. Additionally, Mr. Bommarito may also have medical payments coverage, which is a no fault coverage and will help reimburse her for her medical expenses regardless who is at fault. Finally, there are always other avenues to explore. This can include issues such as a defective design of the highway, in the instance that there may have been multiple wrecks there in the past. Also, we will investigate to see if there was any mechinacal issure occurring with the car vehicles involved in the wreck.

 

Joshua P. Myers is a St Louis Trial lawyer exclusively handling personal injury cases. If you have been injured in a car wreck and would like to speak with an attorney about your injuries, contact Josh Myers at (314)720-2706. It is always free to discuss your case and our fees are simply based on a percentage of what we recover for our clients.




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We are Filing Suit Against our Client's Insurance Company for Vexatious Refusal to Pay Under his Uninsured Motorist Coverage

We are now in the process of filing suit against our client's insurance company.  In 2007, our client was struck by an uninsured driver.  This is a common occurrence, and many drivers think that they are out of luck if the defendant driver does not carry insurance.  In fact, this is untrue.  If you have your own policy of car insurance or you live with a relative who has car insurance, you are completely protected.  By state law, every insurance policy must afford you uninsured motorist coverage.  This is a type of coverage which kicks in if a driver hits you that is uninsured.  In our case, we submitted all of our client's medical bills as well as the police report to his insurance company, and requested reimbursement for his bills and injuries.  After a month went by, we received no response.  Then one day, I received a voicemail from the adjuster claiming that they were sending the file out for additional review.  Another month then passed without any word.  We tried to be reasonable with the insurance company by giving them two months to review a small stack of records, but yet they had not done anything on the case.  Moreover, under Missouri law, they can be liable for vexatious refusal to pay by failing to pay the claim within thirty days after their receipt.  In our case, we gave them double that amount of time, and still have not heard a thing. 

 

Now, we are going to sue them not only for his injuries, but also for additional penalties provided under the statute. 

 

Many attorneys that do not specialize in injury law are unaware of these statutes.  This is why it is critical to retain an attorney who specializes only in injury law.  We know all the ins and outs and we know how to prevent the insurance companies from playing their games.  If you have been injured in a car accident and would like to speak with a St. Louis injury attorney, feel free to contact Josh Myers.  It is always free to discuss your claim. 




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1.5 Million Dollar Verdict in Truck Crash Case

At the end of September, a jury awarded a $1.5 million to Ronny Martinez and Kenneth O'Neal.  The two were injured in 2006 when they were riding in a car that was struck by a semi-truck. 

 

The men filed suit against both the truck driver and the trucking company, Celadon Trucking Services.  The truck driver was sued for his own negligence, while the trucking company was sued for the negligence of its driver, as well as being negligent in their decision to hire the driver in the first place.  Ultimately, the jury found against both the truck driver and the trucking company.  They also attributed some fault to Martinez, who was driving at the time.  In their verdict, they awarded $750,000.00 for medical bills, and an additional $750,000.00 for personal injuries. 

 

In semi-truck accident cases, it is necessary to investigate both whether the trucking company was negligent in their hiring practices as well as their training practices.  There is no doubt there are a lot of unsafe drivers on the road.  However, a lot of these collisions can be avoided by not putting them behind the wheel of a tractor trailer to begin with. 

 

When you are searching for a truck accident attorney, this is why it is so important to hire a lawyer who specializes in nothing but injury law.  They have to be familiar with pracices of trucking companies as well as the Department of Transportation's federal regulations. 

 

If you are searching for a truck accident lawyer, feel free to contact injury attorney Josh Myers.  We specialize in injury law and handle truck accident cases from all across the country.  It is always free to discuss your case. 




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A New Report Suggests Raising the Driving Age to Seventeen or Eighteen

Kansas City Star recently quoted a study by an insurance industry group which suggests raising the driving age to seventeen or eighteen.  The report cites that "the rate of crashes, fatal and non-fatal, per mile driven for sixteen-year-old drivers is almost ten times the rate for drivers ages thirty to fifty-nine."  Additionally, the report cites that many industrialized countries in Europe, as well as certain states throughout the country, have a driving age of seventeen or eighteen. 

 

I certainly don't doubt the statistics that the rate of car accidents is much higher among sixteen-year-old drivers.  However, I see no evidence indicating that increasing the driving age would make the roads significantly safer.  The one issue that the study does not address is whether incidents of car wrecks occur less frequently with seventeen- and eighteen-year-olds because they are more mature, or rather, because they have gained a year or two of valuable driving experience.  As a St. Louis injury attorney specializing in car accident cases, I very rarely handle cases with a sixteen-year-old driver.  It is quite clear to me that drivers at any age can be inattentive. 

 

If you have been injured in a car accident and would like to further discuss your case, please feel free to contact St. Louis injury attorney Josh Myers.  It is always free to discuss your case, and there is never any fee until we recover on your behalf. 

 

 




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New Personal Injury Client Struck by Uninsured Motorist during Police Chase

One of my new clients was severely injured while driving in Saint Louis. While driving, she was struck extremely hard in the rear of her car. The collision threw her car into the median causing it to flip around several times. Apparently the man who hit her was fleeing from the police. This is often the case; he does not have any insurance from which she would recover for her injuries. Luckily, my client has uninsured motorist coverage. I was first concerned with the fact that she carried only the minimum limits of $25,000.00. However, after further investigation, we discovered that she has three different cars which all carry the minimum limits. What some owners may not know is that you are able to combine the coverage from all of these three different cars so that we now have $75,000 of uninsured motorist coverage. Uninsured motorist coverage is a kind of coverage which is required by state law. Basically it applies when you are injured by someone who does not carry liability insurance. Your own insurance essentially steps into the shoes of the uninsured driver.   

           

The little twist in this case is that the local police department was engaging in a high speed pursuit. Apparently, the only reason is because the uninsured motorist was speeding. The problem for the police department is that there are strict laws stating when they can and cannot engage in a high speed pursuit.  Obviously, these laws and regulations are to help protect the safety of the general public, to prevent circumstances like this. As for now, my client is continuing to visit the doctor and recover from her injuries.  Once that is done, we will proceed against collecting from her insurance company and possibly the police department as well.

 

If you have been injured in a car accident, you need to contact a personal injury attorney immediately. Situations such as those described above are a good example of why you need an attorney who focuses their practice exclusively on personal injury. If you have been injured, feel free to contact Josh Myers. He will not charge an hourly fee, so you will not have to pay any money for us to being handling your case.  Case consultations are always free.




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Nearly 50% of Young Drivers Text on Cell Phones While Driving

It has long been a catch phrase to say that someone has been "drinking and driving".  However, a growing epidemic amongst young drivers is "texting and driving".  A recent survey quoted in the Kansas City Star indicates that 48% of drivers age 14-24 admit to texting while driving.  For the 25-44 age group, the number is 27%. 

 

For those who don't know, texting is using your cell phone to type out messages and send them like email on a computer.  It generally requires the use of both hands and looking at the phone to see what you are typing.  This has the possibility of becoming a very serious problem on our roadways.  In my auto accident cases, we are also beginning to see a growing trend in wrecks caused because the younger driver was texting on their cell phone instead of paying attention to the road. 

 

If you have been in a car wreck and would like to speak with a St. Louis personal injury lawyer, contact Josh Myers.




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United States Traffic Fatalities Hit Thirteen Year Low

A recent press release has indicated that fatal accidents in the United States have reached the lowest level in a decade.  In 2007, 41,059 people were killed in highway crashes, down more than 1,600 people from 2006.  This is the fewest fatal accidents on highways since 1994, when 40,716 people were killed.  Additionally, the fatality rate of 1.37 deaths for every 100 million miles traveled in 2007 was the lowest ever on record according to the National Highway Traffic Safety Administration.  The government agency attributes the decrease in fatalities to safer vehicles and aggressive law enforcement. 

 

Unfortunately, motorcycle deaths buck the trend by increasing for the tenth straight year.  In 2007, there were 5,154 motorcycle deaths, and increase of more than 300 from the prior year.  The increase in motorcycle accidents is attributed to higher fuel prices, which means more people are driving motorcycles to save on fuel.  More disturbingly, nearly one-quarter of motorcycle deaths involve a driver or motorcycle rider who is drunk. 

 

If you have been involved in a motorcycle or automobile accident and wish to speak with a Missouri personal injury attorney, feel free to contact Josh Myers.  It is always free to discuss your case.




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Kansas City Man Charged in Crash that Injured a Police Officer

On August 19, 2008, Wyandotte County District Attorney charged Dion Jones with aggravated battery in connection with the injury of a Kansas City Police Officer in an car wreck that happened at 34th and Webster.  After the collision, Jones attempted to flee the scene with a five-month old child in his vehicle.  In addition to the charges for the injury to the police officer, he was also charged with battery for the injury of another person in the collision, as well as leaving the scene, and endangerment of a child.  He is currently being held in custody in Wyandotte County jail in lieu of a $50,000.00 bond.

 

Often times, defendants in car accident cases are charged criminally for their actions.  If you are in an auto accident and receive a notice that a person who hit you has a criminal trial approaching, it is important for you to attend the trial and testify if asked.  Just because a person is charged with a criminal offense, it is not admissible in your case against them.  However, if they plead guilty or are convicted, this is admissible, and really helps shine the light for the jury. 

 

If you've been in a car wreck and would like to speak with a Missouri auto accident attorney, contact Josh Myers.




« Why Aren't Nursing Homes Required to by Insurance? | Main | Illinois Considers Overturning its Medical Malpractice Tort Reform Laws »

Illinois Considers Using Traffic Cameras to Stop Speeders

Illinois is currently considering adding traffic cameras to the interstates to catch speeders.  Currently, there is no timetable on when the cameras will be installed.  Governor Rod Blagojevich announced the cameras as part of a plan to crack down on speeders.

 

As injury lawyers, we handle numerous auto accident cases.  The vast majority of these cases are caused by inattentive speeders.  Of course, not only are speeders more likely to cause a car wreck, their speed can lead to much more severe injuries such as whiplash, broken bones, or brain injury.  The Governor's plan is not only to raise additional revenue through catching the speeders, but also to make the streets safer.  An additional benefit that auto accident lawyers are learning the value of is that there will tapes in the traffic cameras that can be used to show what exactly happened during an accident.  In cases where both parties are disputing the facts of what happened, these videos can be invaluable.  As an Illinois injury lawyer, I am always on the lookout for new technology that can assist our cases.  If you have been injured in an auto accident and would like to speak to an Illinois injury lawyer, please contact Josh Myers.  It is always free to discuss a potential case.






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