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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 »

Calloway County, Missouri Head-on Collision leaves Fulton Woman Injured

Post Date: August 4th, 2011

The accident happened as Addie K. Kronk of Fulton, Missouri was driving down Route WW near County Road 350 in her 2005 Chrysler. A 2010 Mercedes, driven by Matiul Islam, was driving too fast around a curve in the opposite direction and caused the head-on Missouri car accident. Kronk was transported to University Hospital by ambulance to be treated for serious injuries. Islam and his wife, Fetema Islam were also seriously injured in the head-on collision and taken to University Hospital. The Missouri State Highway Patrol did not state in their report if Islam was driving over the speed limit at the time of the accident. Driving over the posted speed limit is a violation of Missouri law, especially if it causes a Missouri car accident.

If the at-fault driver was going faster than the maximum speed limit when he caused the Missouri car accident, then Kronk’s Missouri injury lawyer will have a stronger personal injury case. A strong personal injury case will almost ensure that Kronk will receive compensation for her injuries. The posted speed limits are used to decrease the number of Missouri car accidents and improve safety for all drivers. Driving faster than the posted speed limit puts everyone on the road in danger and violates traffic laws. When speeding causes a Missouri car accident, the victim has a good case to file a personal injury lawsuit.

Missouri car accident victims can sue the at-fault driver for the injuries suffered in the accident. By proving the at-fault driver was speeding is to prove that he or she was negligent in the Missouri car accident. Driving over the posted speed limit violates safety regulations so it is considered negligent. If you have been injured in a Missouri car accident, please consult an experienced car accident attorney immediately. Seeking legal counsel soon after an accident is essential to building a case against the negligent driver. Call 888.956.2487 to discuss your car accident claim and let us investigate on your behalf.

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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, Missouri Car Accident Law | No Comments »

Missouri Car Accident Attorney Discusses Sudden Onset Rule for Personal Injury

Post Date: August 2nd, 2011

As a car accident attorney in Missouri, I believe that the more information you have, the more prepared you will be in the event of a personal injury claim. Proving medical damages in car accident cases is many times easy because the medical treatment required is usually administered at the time of the accident. The sudden onset rule in Missouri accounts for injuries sustained immediately following a car accident. As a result of this rule, cause of injuries sustained in a car accident may not have to be proven to a jury through expert testimony. Examples of Missouri’s sudden onset rule in action is a person involved in a car accident who sustains a head injury, a broken bone, or other immediate injuries. There are more injuries that apply to the sudden onset rule as long as the symptoms of injuries do not take several days or weeks to develop or have diagnosed.

Although the sudden onset rule is many times helpful in Missouri car accident cases, it is not wise to rely solely on it. A good Missouri car accident attorney will not rely only on the rule when going to trial. In car accident cases where the injuries are less significant, it is more economical to rely heavily on the sudden onset rule because medical experts are very expensive. Even though the sudden onset rule applies to immediate injuries, other symptoms may surface later. It is not abnormal for Missouri car accident victims to have to undergo treatment for many months for their injuries. Because treatment tends to be extensive, medical professionals sometimes find other injuries from the accident that have gone undiagnosed.

While on the road, drivers have a duty to other motorists to make responsible decisions. If a driver is distracted or makes a negligent decision, he or she puts other at risk for injury. An experienced Missouri accident attorney will argue on your behalf that the driver’s negligence was the direct cause of your injuries. If you are involved in a Missouri car accident with a distracted driver, call 888.956.2487 and speak to one of our experienced Missouri car accident attorneys.

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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 Advice, Missouri Car Accident Law, settlement | No Comments »

One Dead and Seven Injured in Missouri Rear-end Collision

Post Date: July 16th, 2011

A rear-end car accident in Jefferson County, Missouri killed a teenager and injured seven people on May 1, 2011. The accident happened as a Chevrolet Impala driven by Michael A. Rayfield from Fetus, Missouri and a Ford Escort driven by Holly J. Duncan were stopped at a red light in the southbound lanes of US-67 at the cross intersection of Meyer Road. A Pontiac G8, driven by Daniel B. Torrence, failed to stop crashing into the rear of Duncan’s vehicle. The force of the collision caused Duncan’s Ford to rear-end Rayfield’s vehicle.

Unfortunately, 15-year-old Thomas A. Duncan from Bonne Terre, Missouri died after being transported to St. John’s Mercy Medical Center in Creve Coeur and than being airlifted to the Children’s Hospital. Seven other Missouri residents were also injured in the rear-end collision. Joshua Duncan, 9-years-old, was seriously injured along with 14-year-old Caleb Reed. The minors were transported to Cardinal Glennon Hospital by the Arch Helicopter transport. 39-year-old Holly Duncan, 11-year-old Paul Duncan, 37-year-old Daniel Torrence, and 14-year-old Blaise Torrence sustained minor injuries and taken to Jefferson Regional Medical Center by Joachim Plattin Ambulance.

Filing a lawsuit to receive compensation for the death of a loved one, especially a child can take an emotional toll on people. Parents and family members are usually caught off guard when it is time to file a wrongful death claim because they cannot understand why their loved one suffered at the hand of another person’s negligence. Parents should rest assured, with an experienced attorney, that their children have the right to receive compensation for their injuries. If you have lost a loved one or a child, call 888.956.2487 to speak to an experienced Missouri wrongful death attorney to make sure your child’s rights are well-protected and the negligence of the other party are held responsible for their actions.

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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 Advice, Car Accident News, Missouri Car Accident Law, MO Car Accidents, settlement | No Comments »

A Jefferson City, Missouri Pedestrian is Injured in Car Accident

Post Date: July 8th, 2011

A car accident in Jefferson City leaves a 22-year-old injured on Missouri Boulevard. The accident occurred as 20-year-old Abby Luetkemeyer attempted a left hand turn from the K-Mark parking lot at the 2300 block of Missouri Blvd. Luetkemyer pulled her 2002 Chevrolet truck into the center lane jus as 22-year-old Serenity Crump walked across the boulevard. Luetkemyer struck Crump sending her to the hospital with moderate injuries.

The public was not surprised by the pedestrian car accident in Jefferson City. One resident wrote in an online submission, “I see people trying to cross MO Blvd on foot all the time. It’s insane. The city needs to implement safe ways for pedestrians to get across or this kind of accident will become more prevalent.” Because Jefferson City is become more populated, the roads are becoming more congested. As a result, a higher number of traffic accidents are reported. According to the Missouri State Highway Patrol’s data, Jefferson City ranks 14th out of 734 Missouri cities in traffic accidents. Pedestrian accidents are likely to continue with the absence of regular crosswalks and congested roads. Missouri Boulevard and other roads without sidewalks on either side create a greater risk to pedestrians as more people are choosing to walk or bike to their intended locations.

Pedestrians in Jefferson City, Missouri may be just as responsible for an accident as a driver. If the Missouri car accident is partially the fault of the pedestrian, the amount of compensation could be limited. The driver’s attorney could argue that the pedestrian, whether by jaywalking or ignoring a traffic signal, is at fault for the accident. In order to receive compensation for injuries sustained in a pedestrian car accident, an experienced attorney is recommended. If you are injured in a pedestrian accident, contact one of our experienced pedestrian accident attorneys at 888.956.2487. Our attorneys will aggressively investigate your accident in order to protect your compensation rights.

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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, Missouri Car Accident Law, MO Car Accidents, Pedestrian 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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Posted in car accident, Car Accident News, Fatal Car Accident, Missouri Car Accident Law, MO Car Accidents | No Comments »

Unrelated Medical Conditions Should Not Be Admissible In Missouri Car Accident Cases

Post Date: January 11th, 2011

Missouri Car Accident AttorneyWhen a person is injured in a Missouri motor vehicle accident, their life turns upside down as they receive treatment for their injuries and begin to recover. As a Missouri car accident attorney, I know how difficult a civil lawsuit can be for accident victims, but the challenge is usually worth it in the end. A lot of potential clients ask me how difficult it is to receive compensation for an injury, if they have unrelated medical conditions or unrelated medical treatment. The answer is not always so simple.

Plaintiff lawyers do what they can to keep certain evidence from being heard by a jury such as unrelated medical issues. Unrelated medical treatment can be damaging to a motor vehicle accident victim, but it is not always relevant to the accident in question. I see many defense attorneys try to bring up a Missouri motor vehicle accident victim’s unrelated injuries to convince a jury to award a lower compensation amount.

In the Missouri civil case, Senter v. Ferguson, the court allowed the defense attorney to question the Plaintiff about her unrelated injuries that she sustained many years before the motor vehicle accident. The defense argued that the unrelated medical condition was relevant to the case because the Plaintiff said she was in “good health” before the accident occurred. The appellate court of Missouri reversed the motor vehicle accident injury case partially because the Plaintiff’s prior condition was unrelated to her condition after the accident.

The Missouri appellate court said, “While we are dubious that this evidence, stretching as it did over a period of seventeen years and covering the ages of 43 to 60, served its purpose of impeachment, we could not sanction its admission even if it did serve the purpose. Irrelevant and immaterial evidence does not become admissible simply to impeach a witness.” This means that even though the medical condition did affect the Plaintiff for a period of time in her life, but the condition did not contribute to the injuries sustained in the Missouri motor vehicle accident.

When a driver makes a negligent decision and causes a Missouri motor vehicle accident, the outcome can be life altering for those who are injured. The accident victim has more than enough to worry about without worrying if their civil case will be hurt because of past medical conditions. Motor vehicle accident victims need an experienced attorney on their side to fight for their rights in the courtroom. Our experienced Missouri car wreck attorneys are standing by at 888.956.2487 to help motor vehicle accident victims through a difficult time and stand up for them in court.

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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.

Posted in Car Accident Advice, Car Accident News, Missouri Car Accident Law | No Comments »

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