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Drunken Driver Responsible for Accident in St. Louis County Arrested

Post Date: August 25th, 2011

A St. Louis County, Missouri car accident leaves two people injured. The three-vehicle accident happened on August 17, 2011 close to midnight on the eastbound lane of I-64 near Timberlake Manor Parkway. The Missouri car accident happened as Susan Dunakey drove her 2000 Jeep Cherokee the wrong way in the eastbound lane. Dunakey crashed head on with Darnell L. Warner’s 1993 Ford Escort. The impact of the Missouri car accident spun Warner’s vehicle into the path of a 2002 Peterbilt semi-truck. The truck slammed into the passenger side of the Ford Escort and crashed off the highway into a sign.

Darnell Warner, a 23-year-old, was listed in serious condition after being transported to the St. John’s Mercy Medical Center in Creve Coeur, Missouri by the Monarch Ambulance. Chesterfield resident, Susan Dunakey, failed the sobriety test given by St. Louis County, Missouri authorities. According to reports, the Missouri State Highway Patrol arrested the 50-year-old Dunakey, the day following the accident for drunk driving after she was treated and released for minor injuries.

As a Missouri car accident attorney, I know about the hundreds of Missouri drivers that die each year from alcohol-related car accidents. In 2010, Missouri DWI law legislation was strengthened in many ways. The stricter laws do not allow alcohol-related offenses to be removed from a previous offender’s record. Another new law prevents a person with two or more DWI offenses from being heard in municipal court. The new law, under certain circumstances, can take away driving privileges.

Alcohol-related traffic accidents may affect a victim’s claim for compensation. When a Missouri car accident victim is injured in a DWI-related accident, the negligence will be easier to prove. If you have been injured in an alcohol-related car accident, call 888.956.2487 and speak to one of our experienced Missouri car accident attorneys today and let us take some of the stress of a car accident off your shoulders.

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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC.  Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights.  It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.

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Butler County, Missouri Hit and Run Kills 18-year-old Scooter Driver

Post Date: August 18th, 2011

A Butler County, Missouri car accident on MO-142 claimed the life of 18-year-old Alexander C. Metzig, but the driver was no where to be found. On August 14, 2011 just before 10 p.m., Metzig slowed his scooter to make a right turn off of the road. As he slowed his scooter, he was rear-ended by a dark blue truck and the truck took off. Alexander Metzig was pronounced dead by Joe Chapman, the Butler County Deputy Coroner. As a Missouri car accident attorney I was upset to find out that the Missouri State Highway Patrol does not the identity of the driver of the dark blue truck responsible for the hit and run.

A hit and run accident is a crime no matter what state the accident happens. As in all states, Missouri has a hit and run statute. Missouri statute §577.060 prohibits a driver from leaving the scene of a Missouri car accident when “knowing that an injury has been caused to a person or damage has been caused to property, due to his culpability or to accident, he leaves the place of the injury, damage or accident without stopping and giving his [information].” In Missouri a driver has violated the hit and run law if he or she leaves the scene of a Missouri car accident.

Those who leave the scene of the accident can be punished criminally. In a typical hit and run accident, it is a misdemeanor crime. However it will only be charged as a misdemeanor if the Missouri car accident only causes small property damage. As an example, if a driver hits a mailbox at a low speed and leaves the scene, he or she will be a misdemeanor violation of Missouri statute §577.060. If a driver leaves the scene of an accident, it could be considered a class D felony under certain circumstances.

A driver can be charged with a felony in three circumstances. If driver has previously violated the Missouri statute, causes more than $1000 in property damage, or causes injury to another party. When a hit and run driver causes a fatality, he or she could be punished severely. If you have lost a loved one to a hit and run, call 888.956.2487 to speak to an experienced Missouri car accident attorney and let us help you. Our attorneys protect the rights of hit and run accident victims because the family needs closure.

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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC.  Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights.  It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.

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Single Missouri Car Accident in Gasconade County Claims Life

Post Date: August 11th, 2011

The Missouri car accident occurred on July 29, 2011 as 51-year-old Diana L. Czeschin crossed the centerline near Red Bird Road on Route B. When Czeschin attempted to correct her 1995 GMC truck, she overcorrected and traveled off the right side of the road. The Bland, Missouri resident crashed into a tree and was pronounced dead by, Ben Grossman, the Gasconade County Coroner. Czeschin was not wearing her seatbelt during the Missouri car accident.

Single vehicle Missouri car accidents are far too common. According to the National Highway Traffic Safety Administration (NHTSA), there were over 20,000 single vehicle car accidents in 2008. Of the 20,000 single vehicle car accidents, 10,000 happened off the road. Determining who is liable in a single vehicle Missouri car accident can be difficult considering the circum stances. Most single vehicle car accidents are usually the fault of the driver; however, in some cases another party may be responsible. As an example, a unit of the government could be responsible.

Local and state governments are tasked with setting speed limits that are appropriate for the road. These speed limits will vary depending on the terrain. The State of Missouri has set an over all maximum speed limit for the state in statute §304.010. According to this statute, rural highways have a maximum speed limit of 70 mph whereas rural expressway speeds are set at 65 mph. The maximum speed for urban interstates and lettered two-lane highways is 60 mph. The Missouri statute §304.010 decides the maximum speed limit for the whole state, but local government units may lower the limits if necessary.

The local or state government may be held liable for a single vehicle Missouri car accident if the posted speed limit is too high to accommodate the road condition or terrain. If the Missouri car accident victim was driving under the maximum posted speed limit at the time of the accident, the victim’s family could argue that the government was not diligent in posting an appropriate speed for that particular road.

If you are injured in a single vehicle Missouri car accident as a result of a negligent driver or improper speed limit posting, contact one of our experienced Missouri car accident lawyers immediately. Call 888.956.2487 and speak to one of our experienced Missouri car accident attorneys. Our knowledge will build a case of against the person or government entity that is at fault for causing the single vehicle accident.

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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC.  Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights.  It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.

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Posted in car accident, Car Accident News, Fatal Car Accident, Missouri Car Accident Law, Seatbelts | No Comments »

Southbound I-55 Shuts Down After Fatal Missouri Car Accident

Post Date: July 28th, 2011

A single vehicle accident claimed the life of a woman in Missouri. The car accident happened at dawn near Russell Blvd on I-55. The Missouri car accident victim crashed her SUV into a bluff and was ejected from her vehicle. She was pronounced dead at the scene. The Missouri car accident shut down the southbound lanes of I-55 for nearly three hours, bringing morning traffic to a stop. The accident is under investigation and details of the woman in her 30s were not released.

Most Missouri car accidents that only involve one vehicle are the fault of the driver. Driving over the speed limit or alcohol consumption could cause the car accident. A distracted driver may also drive off the road because he or she is not paying attention. There are many single Missouri car accidents that are caused by the negligence of others. Single vehicle car accidents can be caused by debris from another vehicle, animals, fallen trees, and other unexpected obstacles. Drivers will swerve to try to avoid the obstacles, which increase their risk of a Missouri car accident.

If another driver or party causes an obstacle, than the other driver will be liable for the injuries even if it is a single vehicle accident. I’ll use a truck’s improperly secured load as an example. If the load falls from the truck and causes another driver to crash, then the commercial trucking company could be held responsible. Trucking companies have a responsibility to make sure the load is secure as to prevent car accidents.

A single Missouri car accident can also be the result of a defective part of vehicle or improper repairs. The example here is a defective tire. If the driver is unaware he or she is driving on a defective tire and has a blowout that causes an accident, the tire manufacturer could be liable for the driver’s injuries. Poor design of a vehicle will increase the likelihood of a rollover during a Missouri car accident, which causes the driver’s injuries to be worse. In cases such as this, the vehicle manufacture could be held liable.

Sometimes a car accident is unpreventable and will lead to injury. If you are injured in a Missouri car accident as a result of a negligent driver or manufacturer, contact one of our experienced Missouri car accident lawyers immediately. Call 888.956.2487 and speak to one of our experienced Missouri car accident attorneys. Our knowledge will build a case of against the person who is at fault for causing the single vehicle accident.

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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC.  Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights.  It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.

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Missouri Car Accident Claims One Life and Leaves Another Injured

Post Date: July 9th, 2011

One man was killed and another injured in a Missouri car accident when two F150s collided on Route H in Perry County Missouri on April 4, 2011. 39-year-old Michael Tomkins of Herrin, Illinois was driving on Route H when his wheel slipped off the roadway. Tomkins overcorrected his 1998 Ford F150, which caused him to slightly travel off the other side of the road. Cape Girardeau resident, 44-year-old James Buck tried to swerve his 2004 Ford F150 to miss Tomkins, but they collided. As a result, Buck’s truck overturned.

The Assistant Coroner pronounced Tomkins dead at the scene of the accident at 8:45 am. Buck was taken to the Perry County Memorial Hospital by ambulance with moderate injuries. Both trucks were totaled and Tomkins was reportedly not wearing his safety belt. Missouri statute §307.178 requires that all drivers and passengers in the front seat wear a seat belt. Missouri safety advocates have repeatedly pushed to change the law. MoDOT and the state transportation director want lawmakers to change §307.178 to allow primary enforcement. Primary enforcement would allow law enforcement to pull over cars in which some is not wearing a seatbelt. Safety advocates additionally want the law to require all passengers to wear a safety belt, not just front seat passengers.

While on the road, you should always be safe. Wearing a seatbelt isn’t an option anymore even though law enforcement officers won’t pull someone over just because they are not wearing a seat belt. Even when you drive carefully, there are other people on the road that you can’t control and Missouri motor vehicle accidents happen. If a negligent driver injures you, call 888.956.2487 to speak to an experienced Missouri motor vehicle accident attorney to discuss your claim and your rights as a victim.

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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC.  Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights.  It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.

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Posted in car accident, Car Accident News, Car Accident Settlements, Fatal Car Accident, MO Car Accidents | No Comments »

Two People Killed in Stoddard County, Missouri Car Accident

Post Date: July 7th, 2011

Two residents from Marston, Missouri were killed over the holiday weekend. The fatal car accident happened at Morehouse on US-60 and MO-114. The Missouri car accident happened as Charlie S. Hammons pulled his 1998 Ford into the pat of Bryian G. Brown’s 1996 Chevrolet. Brown’s vehicle slammed in to Hammons’ vehicle, which pushed both vehicles off the road. Although all occupants in Hammond’s vehicle were wearing seatbelts, Hammond’s was ejected from the Ford.

Hammons was taken to St. Francis Hospital for medical treatment by Air Evac, but the 93-year-old was pronounced dead by the Cape Girardeau Coroner. Essie P. Hammons, the 87-year-old occupant of Hammons, was pronounced dead at the scene of the Missouri car accident by Stoddard County Coroner. The only survivor in the Ford was a teenager. George D. Brown of New Madrid, Missouri suffered moderate injuries and was taken to Missouri Delta Medical Center by ambulance.

In the event of a Missouri car accident that results in the death of the at-fault driver, many injured victims wonder how they will recover damages. The ability to sue an at-fault driver even after his or her death depends on whether or not the jurisdiction has passed a law called a survival statute. Survival statutes determine that a personal injury case will survive even if the at-fault party does not.

Missouri’s survival statute is Missouri statute §537.020. This statute states that the cause of action for personal injuries “shall not abate” because the at-fault party has passed away. The personal injury cause of action survives to be a representative of the deceased party. Missouri statute §537.020 authorizes the probate court to appoint a representative for the at-fault driver. Bring a claim against a deceased at-fault driver is many times referred to as “suing the estate of the deceased.”

The Missouri car accident victim will not receive a lesser settlement just because the defendant is deceased. Missouri law determines that “the liability and the measure of damages shall not be the same as if such death or deaths had not occurred.” If the Missouri car accident victim had received a judgment of $50,000 against a living defendant, the accident victim would receive a $50,000 settlement against the deceased.

While on the road, drivers have a responsibility to other motorists to make responsible decisions. If you are injured or lose a loved one in a Missouri car accident where the at-fault driver passes away before you are able to make a settlement, call a Missouri car accident attorney immediately. An experienced Missouri car accident attorney will understand how to use Missouri’s survival statute to receive compensation for your injuries or your loss. Call 888.956.2487 and speak to one of our experienced Missouri car accident attorneys today and let us take some of the stress of a car accident off your shoulders.

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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC.  Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights.  It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.

 

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Legal Analysis of a Springfield, MO Car Accident Resulting in Death of Mother and Son

Post Date: November 6th, 2010

Patience while driving is important for the safety of everyone on the road. When a driver becomes impatient behind a slow moving vehicle, the result can be fatal. As a Missouri Car Accident Attorney, it bothered me to read about a second fatal accident in Missouri that was a direct result of an impatient driver passing a slow moving vehicle. Diana Dawes and her son Ivan Barton were killed when their 2000 Ford Taurus collided head-on with Thomas McGrath as he attempted to pass another vehicle on Highway C.

Near the town of Dixon, Dawes and her son were traveling eastbound as McGrath was approaching from the west. Just before the collision, McGrath attempted to pass a slow moving vehicle in the lane Dawes was traveling. According to the Highway Patrol, McGrath attempted to pass the vehicle in front of him on a hill, which did not make oncoming traffic easy to see. Dawes and her son were not wearing their seatbelts at the time of the accident and were pronounced dead at the scene of the accident from several major injuries. McGrath was airlifted to University Medical Center in Columbia, Missouri, for treatment of moderate injuries.

As for a legal analysis, this matter would be governed by Missouri’s wrongful death statute.  Essentially, the statute sets three classes of people who are able to bring a suit for the tragic deaths.  Class 1 includes parents, children, and spouses.  Class 2 includes brothers and sisters.  Class 3 essentially includes the next best suited person who is appointed by the court as a Plaintiff ad litem.

From the initial reports of how the wreck occurred, there seems to be no question regarding McGrath’s negligence.  Thus, his insurance company should immediately be held to pay for the damage he caused.  One of the ways my firm maximizes the recovery from the insurance companies is to give them a very stringent time limit within which to pay the full amount of the policy limits.  If they fail to accept our settlement offer, we can set them up for a possible bad faith claim which essentially eliminates the policy limits.

Passing vehicles on a two-lane road may be legal, but it can also be very dangerous. The lines on the road are there to indicate when a vehicle can safely pass another vehicle. A solid line on the road means it is not safe to pass and dotted lines means there is enough visibility to see oncoming traffic. Roads that are curvy or on a hill always have a solid line because it is not a safe passing zone. If you have been injured in a motor vehicle accident or you have lost someone you love because of negligent driving, please consult an experienced motor vehicle accident attorney immediately. Speaking with an attorney in the days following your accident is essential to build a case against the negligent driver. Call 888.956.2487 to discuss your rights as a motor vehicle accident victim and we’ll help investigate your claim.

Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his Missouri Car Accident Law Firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.

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Eureka, Missouri Car Accident Claims The Life of One and Injures Muxlow Family

Post Date: October 17th, 2010

Muxlow Family Car Accident in Eureka, MOHaving a late model car with all the recommended safety features may not be enough to save you from serious injury if you are unfortunate enough to be struck head-on. As a Missouri Car Accident Lawyer, I have acted for many people who have suffered the serious consequences of being involved in a head-on crash through no fault of their own.

Take, for example, the case of the multiple-car crash in Eureka MO., and the Muxlow family who were out in their late model Camry when they were hit head-on with such force that the Impala that struck them, driven by a 20-year-old man, became airborne and hit a stationary SUV in the vicinity. Every member of the family in the Camry, a late model car, suffered either serious or moderate injuries.

The driver of the Impala, who may not have been wearing a seatbelt seeing as he was catapulted out of his vehicle, was killed.

As luck would have it, the occupant of the SUV was not seriously hurt, but it does not take a lot of imagination to figure out that she will be suffering shock for a long time to come and could even have difficulties taking to the roads again.

How does an accident like this happen and what can be done to prevent it or minimize damage and injuries?

Reports suggest that the young man driving the Impala crossed the center line for reasons unknown. Perhaps this young man was distracted at the wheel; recent studies show that men are more easily distracted than women by all sorts of things. Could a cellphone have been involved?

At 20 years of age, this unfortunate young man represents a prime example of the statistics that reveal that young men, being risk-takers, are most likely to cause accidents. Not wearing a seatbelt is certainly to put you at risk.

While this is a tragedy for the young man’s family, it is also devastating for the Muxlow family, all of whom were injured in some way. Some of these injuries are serious. Just imagine what the future holds if the main income earner is unable to provide for the family as before. Does it seem right to you that a family have their life torn apart like this without restitution? It certainly does not seem right to me.

People suffer this type of traumatic out of the blue on our roads and highways need the support and advice that can be gained by contacting a Missouri Car Accident Attorney.

Joshua P. Myers is the President and owner of Myers Injury Law, LLC and founding partner of Schultz & Myers, LLC.  Based in St. Louis, Missouri, the Firm specializes in severe car accidents throughout all of Missouri.  If you have been injured in a car accident, it is always free to discuss your case directly with Josh Myers by calling 888-956-2487.

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Illinois Car Accident Lawyer Discusses Deadly Roseville, Illinois Wreck

Post Date: October 10th, 2010

As an Illinois car accident attorney, I have worked closely with grieving families who have lost a loved one because of a negligent driver. I understand how devastating the loss can be, which is why I was saddened to read that another life had been taken due to someone else’s negligence on the road. On October 2, 2010 a two-car motor vehicle accident took the life of 50-year-old Penny McKinney-Green in Roseville, Illinois.

McKinney-Green was driving westbound on Route 116 at 6:30 p.m. with her sister 55-year-old Mary Ann McKinney when they were hit in a head-on collision. The driver of the vehicle that struck and killed McKinney was 21-year-old Arsenio Mims who was driving westbound on Illinois 116 when he lost control of his vehicle.

The weather was rainy and Mims lost control of his vehicle when he hydroplaned into an oncoming lane where he hit McKinney-Green’s vehicle head-on. McKinney-Green was rushed to OSF Holy Family Medical Center but she was pronounced dead upon arrival. Mary Ann McKinney, Penny’s passenger, was treated for moderate injuries to Galesburg Cottage Hospital.

Mims and one of his passengers, 28-year-old Dennis Brady of Chicago were treated and released from Galesburg Cottage Hospital. The other three passengers in Mims’ vehicle were not injured in the collision and refused medical treatment. Arsenio Mims was charged with driving too fast for the weather conditions.

The family of Penny McKinney-Green has been devastated by their loss that could have been prevented if Arsenio Sims were driving more carefully in the rain. As an auto accident attorney, I know it is difficult for families to understand their rights when they are faced with such devastation. Car accident settlements depend on families coming forward to fight for their lost loved ones.  This particular case would be governed by Illinois’ wrongful death laws which allow family members to recover based, not only on the economic losses, but also grief caused by loss of their loved ones.

Joshua P. Myers is the owner and President of Myers Injury Law, LLC.  Based in St. Louis, Missouri, he focuses on catastrophic car accident cases throughout all of Missouri and Illinois.  If you would like to speak with him about representing you in your case, 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 recover on your behalf.

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The information on this St. Louis Personal Injury & Workers Compensation Attorneys / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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