Senseless. Tragic. Unimaginable.
Call David Payne Law at 417.847.7516 to seek help in advice when dealing with injuries and family member death as a result of an accident.
A Missouri man was killed in auto accident in the early hours of June 28, 2009 in Montgomery County, Texas, according to a report from the Houston Police Department (HPD).
The accident occurred on U.S. Highway 59, near Kingwood Drive, as Willie T. Tolbert, 54, and his wife was pulled over on the shoulder of the roadway to switch drivers. When Tolbert exited the driver side of the Chevrolet Aveo, a Dodge Ram pickup veered onto the shoulder and struck him and his vehicle.
The HPD indicated that there was not alcohol involved. However, they did indicate that the driver of the Dodge had fallen asleep at the wheel when he hit Tolbert. The pickup rolled over and the driver was ejected. Tolbert was pronounced dead at the scene and his wife did not sustain any physical injuries.
While on the road, drivers are required under law to exercise "reasonable care under the circumstances." If a driver fails to use reasonable care, then there is negligence involved. Whether they are speeding, drunk, distracted, or very fatigued, negligent drivers put themselves and others at risk out on the road.
In cases, like the one above, where the driver does not exercise reasonable care, the injured parties would be eligible to receive compensation that can cover the following:
• Medical expenses
• Loss of wages
• Cost of physical therapy
• Other damages relating to the accident
If you or a loved one has suffered personal injuries or death due to the negligence of another party out on our Missouri roadways, you would be well-advised to consult with Missouri auto accident attorney David Payne. David will examine all aspects of the case to find out who was at fault and outline the best legal path.
In almost all cases, there is an insurance company that is responsible for all, if not a portion, of the injuries resulting from their insured driver's negligence. If the at-fault driver lacks car insurance or sufficient insurance coverage, then the family of the deceased or injured victims might be able to acquire benefits from the uninsured or under-insured motorist clause in the victim’s car insurance policy.
Experienced auto accident attorney David Payne will guide victims and their families through this legal process.
Contact David Payne at 417.847.7516 for a free consultation on your auto accident claim.
According to the Missouri State Water Patrol, there was a Missouri boating accident that involved two boats on the afternoon of June 28, 2009, on Table Rock Lake near Indian Point Village. Carl Sparkman, 20, of Republic, MO, hit the port side of the Bombardier PWC, which was being operated by Cameron Wells, 18, of Springfield, MO, with his Honda PWC.
Sparkman’s Honda went over the top of Wells’ Bombardier and struck Cameron. This blow knocked Wells of off the boat and into the water. He was then taken to Cox South Hospital in Springfield, MO with serious personal injuries.
Table Rock Lake is located in the heart of the Ozarks and it is a beautiful place where people of all ages can get together and enjoy our Missouri lakes. However, our lakes can become a dangerous place when operators of boats and watercrafts forget their responsibilities and operate their craft in a negligent manner. Boat owners and operators have a duty to be responsible out on our Missouri lakes and waterways in order to prevent injuries or even deaths for their passengers and passengers of other watercrafts, as well.
According to the National Safe Boating Council, the top five contributing factors for recreational boating accidents in the United States in 2007 included:
1. Operator inattention
2. Careless operation
3. Negligent passengers
4. Excessive speed
5. Alcohol
If you or a loved one has suffered personal injuries or death due to the negligence of another party on our Missouri waterways, you would be well-advised to retain the services of Missouri boating accident injury attorney David Payne. David will investigate this accident to discover what party was at fault. The negligent party would then be held liable for the personal injuries and damages caused by the accident.
This accident is an important reminder for us to exercise caution when we take to Missouri lakes, rivers, and streams. Always wear a life jacket and be responsible when consuming alcohol and operating a watercraft. As of August 28, 2008, Missouri’s blood alcohol concentration level (BAC) for boating while intoxicated (BWI) is 0.08%. The majority of boating accidents can be prevented if boaters exercise the utmost care when operating their boat or watercraft.
Call David Payne anytime at 417.847.7516 for a no obligation consultation.
While on Missouri roads, drivers are required under law to exercise "reasonable care under the circumstances." If a driver fails to use reasonable care, then there is negligence. As a result of the other driver's negligence, an injured person is entitled to recover money damages often in the form of a lump sum payoff from the driver's insurance coverage. In almost all cases, there is an insurance company that is responsible for all, if not a portion, of the injuries stemming from their insured driver's negligence.
According to the Missouri State Highway Patrol, there was Missouri personal injury car accident on the afternoon of June 24, 2009. The accident occurred as David Z. Eye, 20, of Dittmer, MO failed to slow down at a stop light and struck Emma L. Shannon, 15, of High Ridge, MO. In turn, this caused Shannon to hit Lee D. Reinertson, 21, of Barnhart, MO. Shannon was taken St. Anthony’s Medical Center with minor personal injuries.
In this case, it appears the driver did not exercise “reasonable care under the circumstances.” In this case, the injured parties would be well-advised to contact a Missouri auto accident attorney, who will be able to determine who was at fault.
Call David anytime at 417.847.7516 for a free, no-obligation consultation.
Auto accident victims who are injured by a negligent driver can receive compensation that covers the following:
• Medical expenses
• Loss of wages
• Cost of physical therapy
• Other damages relating to the accident
A skilled auto accident attorney will also look into whether a dangerous road condition could have contributed to the accident. If that was the case, then the government agency responsible for maintaining that particular roadway could be held liable for damages, as well.
If you or a loved one has been injured or killed due to the negligence of another party on Missouri’s roadways, contact auto accident attorney David Payne. He has the experience you need to help you through all the aspects of your accident and take one more step in keeping our roadways safe.
An 18-wheeler accident on I-44 in the northeast corner of Oklahoma on June 26, 2009, leaves 10 people dead and numerous others injured.
According to a June 28 article from the Associated Press, the driver of an 18-wheeler truck, Donald Creed, 76, of Willard, MO, failed to slow down for a previous accident that had traffic lined up on the Will Rogers Turnpike near mile marker 321. The semi-truck collided with several cars, which then caused a chain reaction where seven cars were either damaged or destroyed. Creed’s truck came to a rest on top of three vehicles.
One of the vehicles involved in this I-44 18-wheeler accident was that of the Hayes family, who were traveling to a funeral in Missouri. Randal Hayes, 38, Shelby Hayes, 35, and Ethan Hayes, 7, all of Frisco, TX, died as a result of the crash on that Friday afternoon. Shelby’s mother, Cynthia Olson, 55, of Crossroads, TX, also died in the wreck caused by the truck.
Other victims included Oral Hooks, 69, Earlene Hooks, 63, Antonio Hooks, 42, and Dione Hooks, 41, all of Oklahoma City, OK. The Hooks family was headed to Missouri to visit Ronnie Hooks. "They were on their way to see me in St. Louis," Hooks said. "I was to be ordained as an elder in the Church of God and Christ."
Ricardo Reyes, 39, and Ernestina Reyes of Phoenix, AZ perished in the crash, as well. Their daughter, Andrea Reyes, 12, was taken to Children’s Mercy Hospital in Kansas City, MO and is in serious condition.
My heart goes out to all of the families involved in this accident. Please keep them in your thoughts and prayers.
Alcohol was not involved in this accident, but an initial Oklahoma Highway Patrol report stated that Creed was traveling at an unsafe speed for the traffic conditions. Families in which loved ones have perished or suffered personal injuries due to an 18-wheeler accident, like this one, would be well-advised to retain the services of experienced Missouri 18-wheeler accident attorney, David Payne. David Payne Law will help determine the facts of the case, identify the negligent parties, and attempt to hold them responsible.
Where negligence or wrongdoing is involved, families of deceased traffic accident victims are able to file a wrongful death claim. Such a claim compensates the victim’s families for the death of their loved one that may have been caused by the negligence of another party.
Contact David Payne at 417.847.7516 for a free, no obligation consultation. David will outline your legal rights and the options you have regarding your claim.
According to the Missouri State Highway Patrol, two residents of Lamar, MO were taken to the hospital after they were hit from behind by an 18-wheeler truck on the afternoon of June 15, 2009. This Missouri 18-wheeler accident transpired on Highway 71, three miles south of Lamar, when a 2005 Buick, driven by John Wagaman, 78, was attempting to change lanes and was struck in the rear by a 2006 Freightliner, driven by Eric M. Fields, 37, of Billings, MO. The Buick ran off of the highway and came to rest in a ditch. Wagaman and his passenger, Nora Wagaman, 77, were taken to Barton County Memorial Hospital after sustaining personal injuries.
The dangers of 18-wheeler and large commercial trucks are prevalent in that drivers of smaller, commuter vehicles who are involved in accidents with these large trucks are likely to suffer serious personal injuries such as broken bones, brain and spinal cord damage, or even death. On the other hand, the drivers of these large trucks often walk away from these crashes unscathed.
Negligence on the part of large truck drivers is unacceptable and they, along with their employers, must be held accountable for their actions. Missouri 18-wheeler accident attorney, David Payne, will be glad to review your claim if you or a family member has suffered personal injuries or death due to the negligence of large truck drivers.
Below are some statistics provided by the Missouri Department of Transportation:
• In 2007, there were a total of 72,155 crashes that involved passenger cars in Missouri.
• The percentage of these crashes that resulted in fatalities was about 0.06 percent.
• In 2007, there were a total of 5,052 crashes that involved 18-wheeler and large trucks.
• The percentage of these crashes that resulted in fatalities was about 2.0 percent.
As you can see from the statistics above, 18-wheeler and large truck accidents are nearly four times more likely to result in fatalities than accidents involving passenger cars. These accidents can often be life changing for the persons involved and their families. 
Based on the Missouri State Highway Patrol’s accident report, it appears that the driver of the semi truck failed to slow down or didn’t see Wagaman as he was changing lanes. If that was the case, both the truck driver and his or her employer could be held liable for the accident and the injuries that resulted from the crash. This particular accident could have happened because the truck driver was careless and didn’t slow down. The 18-wheeler truck’s brakes could have failed. Or the truck driver could have been distracted. All of these are the most common causes of large truck accidents in the United States.
If you or a loved one has suffered personal injuries or death in an accident where an 18-wheeler or large truck was involved, you would be well-advised to contact experienced Missouri 18-wheeler accident attorney, David Payne, who will help determine who should be held responsible.
18-wheeler trucks are far more dangerous on our Missouri highways than smaller cars, trucks, or SUVs. These large trucks require more time to stop, they have larger blind spots, and they carry larger, heavier cargo. 18-wheeler trucks are also more susceptible to turning over due to their high center of gravity.
Some statistics for the state of Missouri provided by the Federal Motor Carrier Safety Administration include:
• In 2007, 1,557 large trucks were involved in crashes in which passengers sustained personal injuries.
• In 2007, there were 2,332 injuries in crashes involving large trucks.
• Also, there were 136 fatalities in crashes involving large trucks in 2007.
If you or a loved one has suffered personal injuries or death in an accident where an 18-wheeler or large truck was involved, you would be well-advised to contact experienced Missouri 18-wheeler accident attorney, David Payne, who will help determine who should be held responsible.
Some causes of 18-wheeler and large truck accidents are listed below:
• Driver error
• Driver negligence
• Lack of proper maintenance of the truck
• Overloading the truck
• Driving at unsafe speeds
In Missouri accidents involving 18-wheeler or large trucks, it is the driver or the passengers of the smaller, commuter vehicles who suffer the most. 18-wheelers can weigh up to 40 tons and the impact of a truck that size crashing into a smaller vehicle can be enormous. Even when survivors emerge from the crash, injuries resulting from such accidents can be cataclysmic.
Missouri 18-wheeler accident attorney, David Payne, will be glad to review your claim if you or a family member has suffered personal injuries or death due to the negligence of large truck drivers.
I-44 SUV rollover accident results in serious personal injuries due to a tire tread separation defect. All four occupants of the vehicle were taken to the hospital with serious injuries after the 2004 Ford Explorer, driven by Penny K. Grechus of Farmington, MO, blew a rear right tire and veered off the left side of the highway and overturned several times before coming to rest.
One of the passengers, Cassidy L. Cooper of Appleton City, MO, was ejected from the vehicle and taken to Phelps County Regional Medical Center along with Amanda K. Smith of Springfield, MO, and Julie M. Smith of Montrose, MO. Grechus was flown to Barnes Jewish Hospital.
It is fortunate that nobody suffered fatal personal injuries in this Missouri defective tire accident. I wish the four injured victims the very best for a quick and complete recovery.
A tire blow-out is one of the most alarming things that can happen to a driver on our Missouri roadways. Tire tread separation at highway speeds can often cause the vehicle to rollover like Explorer in this case. Rollover accidents normally cause devastating injuries or even deaths.
This is a classic case of tire failure and tire tread separation, which caused the Ford Explorer to travel off the roadway and overturn. Dealing with defective tire cases, we are beginning to see more cases of tire failure due to a manufacturing or design defect long before the tread on the tire has deteriorated. If a defective tire is proved to be the result of a manufacturing or design defect, then the injured parties would have a claim against the tire manufacturer for injury and damage compensation.
If you live in Missouri and you or someone you care about has been the victim of an auto accident caused by a defective tire, please contact David Payne Law to schedule a free and confidential consultation with an experienced defective tire attorney.
Contact David Payne at 417.847.7516 to discuss your legal rights and the options you have regarding your claim.
According to the Missouri State Highway Patrol, 31-year old Chad L. Rush (serious injuries) and 17-year old Sarah A. Rush
If you or a loved one has been seriously injured or killed as a result of a defective ATV, please call David Payne Law at 417.847.7516 for a free and comprehensive consultation to leave your legal options.
Missouri ATV accidents can cause serious personal injury or even death. It is very important that riders of all-terrain vehicles wear proper safety devices such as seat-belts and helmets. According to the U.S. Consumer Product Safety Commission (CPSC), there were about 750 deaths and 146,600 injuries due to ATV accidents in the United States in 2006.
ATV accidents can happen because of many different reasons including driver error, driver inattention, or driving while under the influence of drugs or alcohol. On the other hand, ATV crashes can also occur because of a manufacturing or design defect.
If you believe you have been seriously injured in an ATV accident due to a product malfunction, you would be well-advised to consult with an experienced Missouri product liability attorney at David Payne Law.
According to a June 17, 2009 report from Business Wire, a class action lawsuit was filed in federal court regarding those injured due to recalled Hydroxycut products.
The class action lawsuit was filed in the U.S. District Court for the Central District of California, against the manufacturers of Hydroxycut: Iovate Health Sciences USA Inc. and MuscleTech Research and Development, Inc.
Hydroxycut attorney, David Payne, is interested in reviewing your Hydroxycut claim.
Call David Payne at 417.847.7516 to discuss your legal rights and outline your options regarding your claim.
According to the complaint, the Hydroxycut products that were the subject of the May U.S. Food and Drug Administration (FDA) recalls, were a series of dietary, weight loss, and muscle building supplements which posed severe health risks, including:
• Serious Liver Damage
• Hepatotoxicity
• Seizures
• Cardiovascular Disorders
• Rhabdomyolysis
The lead plaintiff in this class action lawsuit is seeking relief for everyone involved in the Hydroxycut class against the defendants for violations of various states’ deceptive trade practice acts, misrepresentation, fraudulent, false, and misleading advertisements, and distributing a product which they claimed was safe and effective.
Because Hydroxycut is a dietary supplement and not a prescription drug, it did not have to go through the rigorous testing that is required of prescription drugs. Hydroxycut was not regulated by the FDA and it did not require their approval to be distributed.
If you or a loved one have taken Hydroxycut and have experienced liver problems, seizures, cardiovascular disorders, or rhabdomyolysis, contact personal injury attorney David Payne so he can investigate your case to see if Hydroxycut was to blame.
There is a reasonable probability of serious adverse health consequences or even death associated with Medtronic's pacemakers. The FDA has issued a serious warning regarding certain Medtronic Kappa and Sigma Pacemakers. The FDA has classified the recall as Class I, which has the highest risk of any recall. Patients with these models of Kappa and Sigma pacemakers should check to see if their pacemaker is part of this recall by contacting Medtronic at 800-505-4636 or by going to KappaSigmaSNList.medtronic.com target="_blank" . As an experienced personal injury attorney, I know it will be imperative for all who think they might be effected to act immediately. Go to your doctor if you have any questions or if you know you have a Medtronic pacemaker.
Medtronic has recommended pacemaker removal for patients who depend on the pacemaker for daily survival or if their pacemaker is listed as defective.
According to the FDA alert, these pacemakers may fail due to a separation of wires that result in a loss of pacing output. Don't assume it won't be a problem. Get answers! Patients with one of these defective medical devices may experience seemingly harmless symptoms associated with abnormal heart rate including fainting and lightheadedness. However, in some cases, patients who are dependent on these defective devices could very well experience serious injury or even death.
Out of the 1.7 million Kappa and Sigma pacemakers that have been implanted throughout the globe, about 21,000 pacemakers are involved in this recall. The recalled pacemakers include:
• Kappa Series 600/700/900
• Sigma Series 100/200/300.
Patients who received the defective medical device implant now find themselves in a difficult position. The risks of surgically removing a defective heart device could be greater than leaving it in. Many patients will have the decision of whether to leave the defective device in, which could potentially kill them, or take it out surgically, which also, has a very high level of risk. What a tragic set of circumstances!
David Payne Law is here to help patients and their loved ones who have suffered serious personal injuries or death due to these defective Medtronic pacemakers. There is no question that the manufacturers of these pacemakers must be held accountable for putting their defective products in the market and putting countless lives in danger.
Please contact David Payne Law anytime at 417.847.7516 for a no-obligation consultation.
Zicam, a popular over-the-counter nasal remedy used to decrease the duration of the common cold, has been linked to a loss of smell and taste, or anosmia. On June 16, 2009, the U.S. Food and Drug Administration issued a serious warning to consumers to discontinue the use of three Zicam cold remedy products that are linked to anosmia. Those who believe they may have been suffered associated symptoms should check with their doctor and contact an attorney to seek what legal remedies may be available.
The products include:
• Zicam Cold Remedy Nasal Gel
• Zicam Cold Remedy Nasal Swabs
• Zicam Cold Remedy Swabs, Kids Size (a discontinued product)
The manufacturer of Zicam products, Matrixx Initiatives, failed to perform adequate testing on their product and have not provided sufficient warnings to users. As a result, hundreds have lost their sense of smell and taste.
Personal injury attorney, David Payne, is reviewing potential claims for those who have suffered a loss of smell or taste after using these Zicam products.
Contact David Payne anytime at 417.847.7516 for a free and confidential phone consultation.
“Loss of sense of smell is a serious risk for people who use these products for relief from cold symptoms,” said Janet Woodcock, M.D., director of the FDA’s Center for Drug Evaluation and Research (CDER). “We are concerned that consumers may unknowingly use a product that could cause serious harm, and therefore we are advising them not to use these products for any reason.”
Hundreds of Zicam users have already reported a loss of smell after taking the over-the-counter product. In these reports, many people who experienced a loss of smell said the condition occurred with the first dose; others reported a loss of the sense of smell after multiple uses of the products.
“Companies have an obligation to the public to demonstrate to the FDA that their products are safe, particularly when there is evidence they may be causing serious adverse events, and they are marketed for minor, self-limiting conditions like the common cold,” said Deborah M. Autor, director of CDER’s Office of Compliance.
If you or a loved one has experienced a loss of smell or taste and have taken the above Zicam products, contact personal injury attorney, David Payne, to discuss your options and legal rights.
