Missouri Injury Attorney Blog

According to the Missouri State Highway Patrol, William H. Pridemore, 51, of Quincy, Illinois was taken to the hospital after he was hit from behind by a 2007 Mack dump truck on the morning of December 28, 2009.

This commercial trucking accident transpired on Missouri Highway 6, about two miles east of Kirksville, when the 2003 Freightliner van, driven by Pridemore, was stopped and attempting to turn left when he was struck in the rear by the Mack truck, driven by Edwin E. West, 48, of Kirksville. The van then traveled off the right side of the roadway and came to a rest. Pridemore was then transported by ambulance to Northeast Regional Medical Center with serious 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.

Contact David Payne anytime at 417.847.7516 for a free consultation and an outline of your legal rights and options.

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 dump truck failed to slow down or didn’t see Pridemore as he was attempting to turn. If that was the case, both the truck driver and his 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.

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Posted In: Advice for the Injured , Auto Accidents , Brain Injury , Commerical Trucking Wrecks , Insurance Claims , Spinal Cord Injury , Wrongful Death Claims & Litigation

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An Interstate 55 SUV rollover accident in Pemiscot County leaves two Chesterfield girls, ages 8 and 12, with serious personal injuries, according to a crash report from the Missouri State Highway Patrol.

On the afternoon of Tuesday, December 29, 2009, Alexis D. Federer, 17, of Chesterfield, Missouri, was northbound at the one mile marker when her 2004 Cadillac Escalade ran off of the left side of the highway and overturned. Federer did not suffer any injuries, but two younger passengers were taken by air to Lebonheur Children’s Hospital in Memphis, TN with severe injuries.

Please keep these two girls in your thoughts and prayers as we wish them the best in a full and quick recovery.

According to the Missouri State Highway Patrol there were 102 fatalities in Missouri in the year 2007 due to the vehicle overturning. There were 2,081 rollover accidents that resulted in the occupants receiving personal injuries. Out of the 3,535 rollover accidents in Missouri, about 62% percent of those resulted in victims receiving personal or fatal injuries.

Based on the information from the highway patrol’s report, it appears that Federer lost control of her vehicle causing the SUV to veer off the roadway. There is no indication that she was speeding, fatigued, or under the influence of drugs or alcohol.

The question appears to be why did she lose control of her Cadillac Escalade? Was there a mechanical problem or a defective auto product that caused this rollover crash? Did a dangerous condition on the highway cause it? Was she run off the road by another vehicle?

In cases where negligence or wrongdoing is involved by another party, the families of injured and deceased auto accident victims would be able to file a claim that seeks compensation for things such as:

•Funeral costs
•Medical costs
•Loss of earnings
•Other cost relating to the accident

Families of victims in cases like these would be prudent to consult with an experienced Missouri SUV rollover lawyer at David Payne. David will analyze all aspects of the accident and pinpoint the cause. If it was a defective auto product that was responsible, the auto manufacturer could be held liable for the accident and the resulting injuries. If a dangerous road condition was the cause, then the government agency responsible for maintaining the roadway would be held liable.

Contact David Payne Law anytime at 417.847.7516 for a free, no-obligation consultation.

David Payne will lay out your legal rights and advise you on the best options regarding your claim.

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured , Auto Accidents , Brain Injury , Defective Products , General , Insurance Claims , SUV Rollover Accidents , Spinal Cord Injury , Wrongful Death Claims & Litigation

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When a woman has suffered serious personal injuries, including the symptoms listed below, by taking Yaz, Yasmin, or Ocella, product liability lawyers at David Payne Law are critical to obtaining the justice they deserve. Attorneys can assist women and their families in getting the compensation they need in order to recover and move forward with their lives. In a products liability claim against a drug manufacturer, women who have suffered serious injuries or death from taking a drug can potentially recover:

• Medical Costs
• Loss of wages
• Funeral Costs
• Compensation for pain and suffering.

Earlier this month, numerous Yaz, Yasmin, and Ocella lawsuits have arose and been consolidated in one Philadelphia court. Hundreds of plaintiffs have brought claims against the manufacturers of these three oral contraceptives, Bayer Healthcare and Barr Laboratories Inc., after experiencing health problems allegedly caused by consuming the drugs. Litigation here has been consolidated for the sake of efficiency, as more lawsuits are expected to be filed in the coming year.

In this Philadelphia litigation, defense attorneys are asking for plaintiffs to complete questionnaires providing information about their history of birth control use, to aid in acquiring proper and efficient evidence. Plaintiffs’ attorneys have been hesitant to meet this demand, arguing that asking plaintiffs to reveal their birth control history would divulge too much personal sexual information, which might cause them to drop their claims. Thankfully for the plaintiffs, the judge appears skeptical of the defendants’ request and has indicated a commitment to protecting their privacy. The judge has asked the opposing parties to meet and come to a consensus about what types of questions will be allowed on the questionnaire, and which questions will be excluded in order to protect the plaintiffs’ privacy.

Yaz, Yasmin, and Ocella contain a “fourth generation” progestin called drospirenone and carry a 6.3 times increased risk of deep vein thrombosis or pulmonary embolism, according to the British Medical Journal in August of 2009. Compared to using some other types of oral contraceptives, pills containing drospirenone carry about a four times greater risk of health problems that include:

•Blood clots
•Deep vein thrombosis (DVT)
•Pulmonary embolism
•Gallbladder disease
•Gallstones
•Heart attack
•Stroke

If you or a loved one has suffered side effects, including the ones listed above, and believes they resulted from taking the oral contraceptives Yaz, Yasmin, or Ocella, contact attorney David Payne.

Call David Payne anytime at 417.847.7516 for a free and comprehensive consultation.

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured , Brain Injury , Pharmaceutical Drugs , Pharmaceutical Litigation/Defective Drugs , Wrongful Death Claims & Litigation

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Four people perished and three others suffered serious personal injuries as the result of an Interstate 55 fatality accident that occurred in the early hours of Sunday, December 27, 2009 in Pemiscot County near the southbound 8.4 mile marker, according to a report from the Missouri State Highway Patrol.

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 at David Payne Law. David will examine all aspects of your case to outline the best path of legal action.

This I-55 head-on collision took place as a northbound Cadillac Escalade, driven by Leon Cash, 57, of Rockford, Illinois, crossed the median and struck a southbound GMC Yukon, driven by Howard M. Gilliland, 60, of Memphis, Tennessee. Both Cash and Gilliland suffered fatal injuries as a result.

Vontina A. Gilliland, 27, and Felecia R. Reeves-Gilliland, 52, also of Memphis, TN were pronounced dead at the scene by Pemiscot County Coroner Jim Brimhall. Maxine Cash, 56, of Rockford, IL, was the other passenger in the Escalade and was taken by air to the Elvis Presley Trauma. Two other male passengers in the Yukon, ages 5 and 7, were taken to Lebonheur Children’s Hospital in Memphis.

My heart goes out to the families of Leon Cash, Howard Gilliland, Vontina Gilliland, Felecia Reeves-Gilliland and Leon Cash who were tragically killed in this Missouri auto accident. I offer condolences to their loved ones. Please keep them in your prayers.

Also, please keep Maxine Cash and the two young boys in your thoughts and prayers as we wish them the best in a quick and complete recovery.

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 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

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.

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured , Auto Accidents , Insurance Claims , Wrongful Death Claims & Litigation

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Yaz and Yasmin are popular oral contraceptives, linked to serious personal injuries, that have been prescribed to millions of women around the nation and in Missouri. Besides assisting to prevent pregnancies, these drugs are also supposed to treat moderate acne and premenstrual dysphoric disorder (PMDD).Missouri personal injury attorney, David Payne, will give you a free and confidential evaluation of your Yaz or Yasmin claim. While consultations involve no obligation by a prospective client to hire David Payne Law, a phone call or in-person meeting will fully outline your rights and any paths of legal action you may have.

The packaging on Yaz and Yasmin mention side effects, including hair loss, breast pain, depression, and urinary tract infection. While these side effects must not be overlooked, there are more serious, even life threatening, side effects that can result from taking Yaz and Yasmin that include:

• Blood clots
• Deep vein thrombosis (DVT)
• Pulmonary embolism
• Gallbladder disease
• Gallstones
• Heart attack
• Stroke

Please feel free to contact David Payne anytime at 417.847.7516.

Yasmin poses a higher risk for blood clots because of the fact it blends ethinyl estradiol (estrogen) with a progestin called drospirenone. This combination has been found to increase the chances of blood clots by more than six times as much than in women who do not take any type of oral contraceptive.

A blood clot that forms within a deep vein is called deep vein thrombosis (DVT). It usually forms in the lower half of the body, but it can occasionally form in the arms or chest. Blood clots and DVT can seriously impair your circulation, but can lead to life-threatening injuries or death if a piece of the clot (embolus) breaks loose and travels upstream toward your heart and lungs.

When the embolus reaches a pulmonary artery and becomes lodged within it, it can prevent blood from reaching your lungs. This is a pulmonary embolism and can lead to permanent lung damage or death.

Traveling blood clots can also prevent oxygen-rich blood from reaching the heart, which can cause a heart attack or permanent heart damage. If the embolus lodges within an artery that supplies blood to the brain, you can also become highly at risk for a stroke. Strokes happen after the brain has gone more than three or four minutes without oxygen and can lead to blindness, paralysis, speech problems and memory loss.

Recent studies also revealed that Yaz and Yasmin can increase the level of cholesterol in your body. The higher cholesterol content can find its way into the bile stored within your gallbladder, which leads to gallstones. There is also a concern that Yaz and Yasmin reduce gallbladder contractions. This causes inflammation known as acute acalculous gallbladder disease. The most common solution to these problems is to surgically remove the gallbladder, which results in serious side effects in itself.

If you or a loved one has suffered side effects, including the ones listed above, and believe they resulted from taking the oral contraceptives Yaz or Yasmin, contact attorney David Payne.

David has the experience you need fighting for you!

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured , Brain Injury , Pharmaceutical Drugs , Pharmaceutical Litigation/Defective Drugs , Wrongful Death Claims & Litigation

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When it comes to the safety of children, nothing is more important. This can be ensured by holding companies to a high standard of producing and marketing safe products. Defective children’s products attorneys at David Payne Law are representing victims and their families in order to get the peace of mind they deserve.

The U.S. Consumer Product Safety Commission (CPSC), the National Highway Traffic Safety Administration (NHTSA) and Dorel Juvenile Group announced on December 18, 2009 the recall of 447,000 infant car seat/carriers.

When used as an infant carrier, the child restraint handle can become loose and fall off. This poses a fall hazard for infants and is unacceptable. Dorel has already received numerous reports of this occurring and resulting in serious injuries.

The recalled products were sold between January 2008 and December 2009 and include:
• Safety 1st Sojourn Travel System
o Model # - 22-057 DBY, 22-085 DWA, 22-057 CLN, 22-057 HRT, 22-322 HRR, 22-322 PTK, 22-057 LPH, 22-085 LYN
• Safety 1st Eurostar Travel System
o Model # - 22-322 KDL, 22-322 LXI, 22-322 OLY, 22-322 PRS, 22-322 MAI, 22-325 COB, 22-095 RBK
• Safety 1st Lite Wave Travel System
o Model # - 22-380 LGA, 22-380 MSA
• Safety 1st Vector Travel System
o Model # - 22-627 WAV, 2-325 PAC
• Cosco Sprint Travel System
o Model # - 22-300 FZN, 22-300 OSF, 22-300 CSF, 22-300 JJV, 22-30 THD, 22-300 TWD
• Disney Propack Travel System
o 22-627 AWF, 22-355 LBF, 22-305 NAB, 22-305 PPH, 22-355 PWK
• Eddie Bauer Adventurer Travel System
o 22-627 CGT, 22-627 FRK, 22-627 SNW, 22-WPR
• Eddie Bauer Endeavor Travel System
o 22-627KGS, 22-655BYTE

The model number and manufacture date are located on the side of the car seat/carrier. These seat/carriers were sold in a travel system. The stroller portion of this system is not affected by this recall.

If a loved one you know has suffered serious personal injuries or death due to a defect or malfunction in a product, please contact a Missouri product liability lawyer at David Payne Law.

Contact David Payne anytime at 417.847.7516 for a free and confidential phone consultation.

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured , Brain Injury , Child Safety Seats , Defective Products , Insurance Claims

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A Missouri ATV accident that took place over the holiday weekend sent a Morrisville man to the hospital with serious personal injuries.

According to a report from the Missouri State Highway Patrol, on December 26, Charles G. Webster, 39, was riding an Arctic Cat ATV on a county road about 1 mile south of Morrisville. Webster ran off of the right side of the roadway, overcorrected, ran off the left side of the roadway and overturned. He was then airlifted to St. Johns Hospital in Springfield.

If you or a loved one has been seriously injured or killed due to a defective ATV, please contact David Payne Law for a free and comprehensive consultation regarding 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.

All-terrain vehicle accidents can occur because of many different reasons that include:

• Driver error
• Driver inattention
• Driving under the influence of drugs or alcohol

On the other hand, ATV crashes frequently occur because of a manufacturing or design defect. If this is the case, then the manufacturer could be held liable for compensation that covers things such as medical bills, loss of wages, or in the worst case, funeral costs. If Mr. Webster’s ATV had ran off the roadway and/or overturned due to a defect, he would be eligible to receive compensation for his losses and damages.

If you believe that you have been seriously injured in an ATV accident because of a product malfunction, you would we well-advised to consult with an experienced Missouri product liability lawyer at David Payne Law.

Contact David Payne Law anytime at 417.847.7516 to review your case.

Posted by David Payne | Permalink | Email This Post

Posted In: ATV/Utility Vehicle Accidents , Advice for the Injured , Brain Injury , Defective Products , Spinal Cord Injury

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One Fulton woman parishes and five others suffer serious personal injuries in a Missouri fatality accident on the evening of December 16, 2009, according to a report from the Missouri State Highway Patrol. 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.

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.

This accident occurred just south of Auxvasse at the intersection of US Highway 54 and State Road T in Callaway County. Here, Tyler W. Wilson, 20, of Mexico, MO was crossing US 54 on State Road T and struck a westbound 1991 Ford van, driven by Fredtonya M. Rodgers, 41, of Fulton, MO. The van then ran off the right side of the roadway and overturned. Rodgers, Jamie L. Jaegers, 30, of Troy, MO and Michelle R. Lee, 38, of Fulton, MO were ejected from the vehicle.

Rodgers, Jaegers, Martha J. Krampe, 39, of Williamsburg, MO, Cynthia A. Hopkins, 51, of Columbia, MO and Martha A. Gardner, 64, of Jefferson City, MO, all of the van, were transported to the University of Missouri Hospital in Columbia with serious injuries. Lee was pronounced dead at the hospital later that evening.

Wilson was transported to Audrain Medical Center with minor 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
•Funeral expenses
•Other damages relating to the accident

Families with deceased loved ones may also be eligible to receive compensation with a wrongful death claim.

Contact David Payne at 417.847.7516 for a free consultation on your auto accident claim.

Posted by David Payne | Permalink | Email This Post

Posted In: Advice for the Injured , Auto Accidents , Wrongful Death Claims & Litigation

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