Missouri Injury Attorney Blog

Missouri Injury Lawyer David Payne

"Put the Experience and Power of a Zealous Advocate to work for you and your family"

Many questions naturally come after you have been injured. The Missouri Injury Attorney Blog attempts to answer many of the questions for you. I hope you find the information helpful and please don't hesitate to call if I may be of further help and assistance. You don't have to hire an attorney to speak with one.

What is Assumption of the Risk?

In Missouri, if you have knowingly and voluntarily assumed the risk inherent in a particular action or inaction that causes an accident, you can have your claim denied or your damages greatly reduced. Defense lawyers in Missouri love to raise the assumption of the risk defense in any personal injury case they can. But the assumption of the risk defense is applicable in very few personal injury cases in Missouri.

I suffered personal injuries in a truck accident. Do your lawyers handle truck accident cases?

Yes, our lawyers handle personal injury cases involving truck & 18-Wheeler accidents. There are some additional issues in truck accident cases, however, that lawyers need to be aware of when handling truck injury cases and I have experience in truck cases and have had success in truck accident lawsuits.

First, with respect to the investigation, there is more to consider in truck accident cases. For example, most big rig trucks carry "black boxes" that measure various parameters that can assist the lawyer (possibly a truck accident reconstruction expert) in determining how the accident occurred. Also, there are extensive federal regulation applicable to the trucking industry and a complex set of regulations that cover the operation and maintenance of these commercial trucks. This gives a plaintiffs' lawyer a ton of helpful information about the truck driver and his vehicle that is typically not available in most car accident cases.

There are also many different legal considerations lawyers must explore in truck accident cases. The truck driver may have violated a specific statute or regulation with respect to the kind of cargo he was carrying? How long he had been driving the day of the accident, and the days leading up to the accident? A lawyer must also consider whether the company that hired the driver may also be responsible under the theory of negligent entrustment or negligent supervision if they failed to properly screen the truck driver during the hiring process or if they failed to properly train the truck driver.

You would be amazed at how many drivers, particularly big rig trucks, are improperly trained or have horrific driving records. A claim for negligent maintenance, a related legal theory lawyers pursue in truck accident cases when the company and/or truck driver failed to properly maintain the truck can also be pursued by a skilled lawyer.

Can you recommend a local doctor to treat me for my injuries?

Yes, we can. Our preference is that clients seek treatment from their existing health care providers (or request a referral). However, if you do not have a doctor or your provider requires payment upfront, we can provide you with a list of quality health care providers who will not require payment until after the resolution of your case.

I am feeling quite a bit better, but I am still hurting, should I continue to receive medical treatment for my injuries?

This is a medical question and not one for your attorney. But as your attorney I always advise that my client's follow the advice of the doctors they trust. That is your decision to make after consultation with your health care providers. In getting treatment for the injuries from your auto accident, you must focus on your health, not the legal consequences.