Legal Analysis – Holland & Johnson St. Louis Car Accident

Post Date: April 6th, 2011

Syreeta A. Holland is at DePaul hospital after being injured in a Missouri rear-end car collision that was caused by a driver distracted on March 25, 2011 at 23:45. According to the Missouri Highway Patrol, Paul E. Johnson was not paying attention and did not realize that traffic had stopped in front of him on eastbound I-70. Johnson collided with a 2001 Chevrolet Tahoe and 2005 Nissan Armada before changing lanes and swiping two other cars, a 2008 Mercedes and a 2008 Saturn Astro before ending up in the median. Holland, who was driving the 2008 Mercedes, was the only Missouri car accident victim to report injuries. The Northeast Fire and EMS transported her to DePaul Hospital. The other drivers, LaAngela A. Tompkins, Bertha C. Himes, and John N. Wulf were not injured.

The National Highway Traffic Safety Administration (NHTSA) rates driver inattention as the main factor in most Missouri car accidents. In a research report done in conjunction with the Virginia Tech Transportation Institute, the NHTSA found that 80 percent of accidents involve driver inattention within three seconds before the event. Mobile phone use and drowsiness are the main causes of driver inattention. The study emphasized that conditions change quickly so drivers cannot predict when it is safe to look down from the road. Motorists should avoid driving distractions such as applying makeup or using mobile electronic devices while driving.

The driver of a motor vehicle has a duty to exercise reasonable care while driving. If a distracted driver was distracted by eating or talking on a cell phone, an experienced Missouri car accident lawyer can argue that the driver violated his duty to act with reasonable diligence. 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. Our knowledge will build a case of neglect against the distracted driver.

I understand that the responsible driver in this case did not intend to cause any harm.  But drivers have to be vigilant with safety when they are guiding 1000 pound machines down the road.  What we often look for in the case goes beyond the crash itself.  Rather, we investigate deeper to find out why the crash occurred.  The reason we do this is a lot of personal injury lawyers who try cases make the mistake of just telling the jury that the defendant hit the person in the rear-end.  I’ve seen a lot of cases lost because the jury thinks the Defendant has to be guilty of some kind of intent to harm a person before they can render a verdict of the plaintiff (the injured person).  So they rationalize a verdict in favor of the defendant by saying, “it was an accident, and sometimes accidents happen”.  NOT TRUE!!  Accidents do not just happen.  Accidents happen when someone is not being careful.  So why did the person in this case crash into the rear of the vehicles.  Why was Mr. Johnson not paying attention?  Perhaps he was fooling with the radio, maybe talking on the phone, maybe texting, etc.  These are the types of things that we must discover in these cases so that we can PROVE that this was not just an accident, but that it was a breach of Mr. Johnson’s duty, and every person’s duty, to be extremely careful when driving.

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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.

 

 

Tags: attorney, Car Accident, depaul hospital, lawyer, paul johnson, personal injury, syreeta holland
Posted in Car Accident News, St. Louis Car Accidents, Texting While Driving | No Comments »

Missouri Car Accident Lawyer Discusses The Dangers of Texting And Driving

Post Date: February 8th, 2011

Head-on collisions are a common result of texting while driving. Articles on texting while driving continue to paint a dark picture of what happens when drivers are not aware of the roads in Missouri. The results of accident studies make us believe that texting while driving is actually just as dangerous as drunk driving. Texting while driving is a serious problem in the State of Missouri and a frequent reason for head-on collisions.

Missouri care accident attorneys always request the cell phone records of the person involved in any accident injury claims. In 35% of motor vehicle accidents, a cell phone was used by the at-fault driver at the time of the accident. The victims of a motor vehicle accident with texting involved can receive punitive damages if the experienced Missouri car accident attorney can prove that the Defendant was texting at the time of the crash.

Texting while driving causes serious injury in traffic accidents. Texting while driving has become a real concern of safety for the state of Missouri. How do you protect yourself on the road? First, you need to put down the phone when you are driving. If you must use a cell phone, use a hands free device like a headset. There are also voice recognition software available that can translate words from a text, so you can text hands free

Another way to protect yourself on the road is to be aware of your surroundings. If you see another driver heading towards you on the road, make room for them. Use your car horn to warn the driver who is texting while driving that you are there. If you are involved in a car accident that is the result of texting while driving, contact an experienced motor vehicle accident attorney immediately. A good attorney will immediately request the phone records of the at-fault driver to give you more advantage when filing for a personal injury lawsuit. Call 888.956.2487 for a free consultation to discuss your claim and let our experienced Missouri motor vehicle accident attorneys help you through this difficult time.

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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.

Tags: attorney, attorneys, driving, lawyer, lawyers, missouri, personal injury, texting
Posted in Texting While Driving | No Comments »

State Farm Study Shows Teen Car Accidents Spike in October

Post Date: October 19th, 2010

The St. Louis car accident attorneys at Myers Injury Law always take the car accidents involving teenagers very seriously. As a personal injury attorney, it is important to me to keep teenagers and parents up-to-date on the latest driving statistics that can protect them. Upon researching teen drivers, I came upon a new study conducted by State Farm Insurance. According to the study, the month of October is the most dangerous for teenage drivers.

The State Farm study calculated the data from 2003 to 2009, which shows that accidents involving teenagers spiked by 15% in October compared to every other month in the year. The target of the study was to look at accident trends of drivers between the ages of 16 and 17. Since October is a busy month for high school students, it is important that teenagers keep their safety in mind while driving.

According to a different State Farm survey, 57% teenagers openly admit that they read their text messages or send text messages while driving. Despite the fact that teenagers know the dangers of texting while driving, they continue risk their lives. Text messaging while driving is illegal in 29 states.

To help educate teenagers and parents on the permitting and licensing process, the Illinois Secretary of State and AAA launched a website. An interactive website at www.Illinoisteendriving.com offers the “StartSmart Parent-Teen Driving Agreement” for new drivers. It is important for teenagers to be prepared for the dangers of the road because the leading cause of death for people ages 16 to 19 is a car accident. The National Highway Traffic Safety Administration says that teenagers are three times more involved in fatal car accidents than any other age group.

Parents and their teenagers can learn together how to decrease their risk of being involved in a fatal car accident. As a Missouri auto accident attorney, I have stood by many families who have lost a loved one due to the negligence of someone else. Parents and teenagers have the resources available to learn how to stay safe on the road because everyone wants to lower the risk of car accidents involving fatalities.

Tags: auto accidents, car accidents, driving, october, state farm, study, teen, texting
Posted in Car Accident News, Teen Drivers, Texting While Driving | No Comments »