Posted On: January 29, 2009

Multiple Accidents Injure Motorists After Winter & Ice Storm Hits

Icy roads have claimed the life of a woman from Barry County, Missouri. Reports from the Arkansas State Police say Terry Kelly of Eagle Rock was driving on Highway 62 in Benton County Monday when she lost control on the icy highway. It is believed her car ran off into a ditch and flipped over which resulted in Kelly being thrown from the car which rolled on top of her.

Authorities in Missouri investigated multiple traffic accidents in the wake of the onslaught of a winter storm Monday afternoon.

A California man was injured in a three-vehicle accident Monday on I-44, nine miles east of Joplin in Jasper County. Hyun J. Kim, of Hot Springs, Calif., was taken to St. John’s Regional Medical Center in Joplin. Kim was driving a truck that was struck in the rear by another westbound tractor-trailer driven by Kevin J. Cowles, of Cadillac, Mich. The collision knocked Kim’s truck into the rear of a westbound car driven by Robert E. Hoots, 45, of Lake Havasu City, Ariz., according the the report of the Missouri Highway Patrol.

David Payne Law often represents out-of-state residents injured in Missouri


A Purdy man was injured on Missouri Highway 37, a mile south of Monett in Barry County, according to the Missouri State Highway Patrol. Gary E. Churchill was taken to Cox Medical Center South in Springfield, the patrol said. According to the Missouri Highway patrol, Churchill was driving a southbound pickup truck that ran off the road and struck a fence.

A Webb City man was injured on Interstate 44, a half-mile east of Mount Vernon. Bradley R. Barton was taken to McCune-Brooks Regional Hospital in Carthage, the patrol said. According to the MSHP, Barton was driving a westbound car that slid off the road, overturned and struck a guardrail

Two Pierce City residents were injured on Business Highway 60, two miles east of Monett in Lawrence County. The driver, Lindsey R. Coatney, 17, and her passenger, Hunter Coatney, 12, were taken to Cox Medical Center South in Springfield, the patrol said. The westbound vehicle ran off the road, struck a guardrail and overturned, the patrol said.

A Michigan teenager was injured on Highway 160, nine miles west of Lamar in Barton County. Brianna A. Holman, 14, was taken to Mount Carmel Regional Medical Center in Pittsburg, Kan., the patrol said. Holman was a passenger in an eastbound vehicle driven by Ashley N. Stone, 20, of Sheldon. Stone lost control of the vehicle on the ice-covered road, and it struck a guardrail and overturned, according to reports.

Three people were injured in a two-vehicle accident on Missouri Highway 171 at Carterville in Jasper County. The driver of one of the vehicles, Tammi S. Byrd, of Duenweg, and two of her passengers, Lexi S. Byrd and Caroline S. Lundstrum sought medical treatment for injuries on their own, the patrol said. Byrd’s vehicle ran into the rear of a southbound truck rig driven by Octavio Rodriguez, of Carl Junction, as Rodriguez slowed for another accident in the area, according to reports.

Five people were injured in a two-vehicle accident on U.S. Highway 71, five miles north of Nevada in Vernon County. Both drivers, Raymond W. Weaver, 44, of Pittsburg, Kan., and Robert W. Brooks, 29, of Nevada, were taken to Nevada Regional Medical Center, the patrol said. A passenger in Weaver’s car, Kenneth K. Phillips, 19, of Pittsburg, and two passengers in Brooks’ car, Michelle D. Brooks, 33, and Kipton W. Brooks, 7, both of Nevada, were taken to the same hospital, the patrol said. Weaver was southbound on the icy highway when he lost control of his car, and it ran off the road, across the median and struck Brooks’ northbound car head-on, the patrol said.

Documentation! Documentation! Documentation! The insurance claim business is one of properly and fully documenting your financial loss. To insurance companies, it doesn't matter about your injuries if you fail to properly document. Your claim will be denied or your recovery will be incomplete. I have experience in handling people's claims in order to insure that the insurance companies are provided with proper documentations regarding my client's financial losses.

Often times, there will be several different insurance policies which apply. Uninsured insurance coverage, underinsured insurance coverage, medical payments coverage and umbrella policies exist and can be found and revealed by an experienced automobile insurance claims attorney. Of course, if the insurance companies fail to offer a satisfactorily settlement, I will file a lawsuit aimed at holding the insurance company fully accountable for your losses.


Posted On: January 28, 2009

Don't Drive & Dial ~ Ban On Dangerous Cell Phone Useage On Missouri Roadways ~ UPDATE

Accidents and injuries continue to rise year after year while drivers continue to act as though they are capable of watching the road and dialing, texting, or even surfing the web on their cell phones. Missouri lawmakers must step up and protect the public from dangerous cell phone usage while behind the wheel.

There is a continued effort by states from across the nation to stop such activity and Missouri is one of them. As reported by the Governors Highway Safety Association, there are now at least 17 states that have common-sense cell phone restrictions or simply ban some type of cell phone usage or text messaging while driving. There are five states to ban cell phones while driving all together. And isn't this type of ban worth it to prevent senseless and completely unnecessary injuries to an innocent public!

"David Payne Law is dedicated to protecting injured Missourians."

Recently in Missouri, a bill was submitted which would ban cell phones while driving on public highways. This bill is designed specifically to enforce safety issues on the highways and make it illegal to drive and talk on a handheld cell phone when on public roads. Exceptions to all phone usage and motor vehicle operations could be made for emergency cases, vehicles on private property, tow trucks or operating vehicles of this kind.

In the last months of 2008 our country saw major accidents that made headline news including California train operator who sent a large amount of text messages, to a local incident on our own hwy 40. The local case is still under investigation regarding the truck driver who didn’t stop and ran over several cars on the hwy. Law suits have been filed locally for damages caused by that wreck.

Attorney, Alvin Wolff in Clayton, is a supporter of the ban and proposed new law. Mr. Wolff was a public speaker last year on banning cell phones while driving or placing age restrictions on cell phone usage while operating a motor vehicle.

To an attorney, part of what is empowered when the state grants a Bar License is that part of us that can protect our follow citizens. Attorneys can help protect the public safety by requiring the insanity of driving while dialing stop. In order to do so, attorneys must use the democratic process see the this problem is addressed and that reasonable restrictions are put in place.

I wish to see this process succeed and I know a safer Missouri will follow.


Posted On: January 15, 2009

Child Safety Seats & Defective Child Car Seats ~ Lawyers Need to Protect Families & Innocent Children

Defective baby and child car seats have resulted in thousands of injuries and countless deaths of children and babies. Lawyers accross the country are fighting back. If you think you may have a case, contact an experienced attorney now. Remember: Knowledge is Power!

Defective Child Car Seats & Child Safety Seats ~ State Laws on Requirements

Defective child and baby car seats tend to have fundamental design problems that lead to their inability to properly protect a baby or infant. These design flaws are often the result of money saving decisions of the manufacturor. Oftentimes, faulty mechanisms (buckling devices, harnesses, and even the padding of the seat itself) have been found defective in several baby seat models. These defects have resulted in the recall of millions of units nationwide.

A defective child car seat may not properly protect the infant or child from harm during an accident and in some cases can cause greater harm to the infant than if he or she wasn't in the seat at all. Always, make sure to preserve the car seat and keep it in your possession. If it is not in your possession, get the seat back!18882960.jpg

Several important steps toward safety have been taken by the government and retailers, but many infants, babies, and children still suffer needless and senseless injuries. If your child has suffered an injury during an auto accident and was properly riding in a child car seat, you should contact David Payne Law to discuss whether a defective child car seat resulted in your injuries and for a free consultation.

Because injuries involving children and infants can be particularly severe, by hiring David Payne Law you will recieve prompt action and personal attention to your case should my law firm be hired. My clients have been awarded substantial amounts for their emotional suffering in cases involving children.

Because defects are often not discovered before (or even at the time) the accident takes place, the safety of a car seat is unpredictable. An attorney from my firm, and possibly lawyers from firms I associate with, will provide a free and thorough investigation into your particular case. I undertake such cases free of charge until we are successful in obtaining a verdict or settlement. My fee comes only from a precentage amount of your award.

A Missouri lawyer will give you a free and confidential evaluation. Consultations involve no obligation to hire David Payne Law but will fully outline your rights and any paths of legal action you may have. If your child has been hurt in an auto accident, contact the law firm of DAVID PAYNE LAW today.

Call 417.847.7516 to speak with an experienced personal injury attorney if you or a loved one has been injured. Free, No-obligation Consultations: we're paid only when we win your claim.

Car Seat Recalls ~ Knowledge Is Power & You only get one chance at Justice!

Posted On: January 14, 2009

Cell Phone Usage By Truck Driver To Blame For 3 Deaths & Countless Injuries To Others

Oh, my! Another senseless tragic crash that resulted in three deaths can be linked to cell phone usage while driving. As an attorney for victims, I simply pray that the insanity stop and that truckers are never allowed to use a phone while behind the wheel. If you or a family member is involved in a similar wreck, remember knowledge is power. Below is the account from the St. Louis Post-Dispatch and Springfield News-Leader.

TRUCK & 18 WHEELER

An accident reconstruction report from the Missouri State Highway Patrol confirms the driver of a tractor-trailer involved in a fatal July pileup on Interstate 64 was distracted by a cell phone. Truck driver Jeffrey Knight stated in the report, "I reached across the dash to get my cell phone. I flipped the phone open, looked back at traffic, and I was there right at the last car (in the line of cars stuck in traffic). I didn't see any brake lights or emergency flashers. After I hit the first car, I just remember holding the steering wheel and seeing cars going to my left and right."

The truck struck at least 10 vehicles and three people died while at least 15 were directly injured, three critically.

At the time of the wreck, a witness reported that the truck was going about 75 mph and did not slow as it approached traffic.

In another similar matter, prosecutors waited just over six months to charge an Imperial man with five counts of felony involuntary manslaughter for driving his dump truck into a minivan and killing the five people inside in July 2005 on Interstate 44 near Six Flags St. Louis. In that case the driver, Thomas Miskel, pleaded guilty and served nine months of a one-year sentence. Undoubtedly, lots of civil litigation was involved with Plaintiffs' lawyers trying to bring some degree of justice to the families of the injured.

The Post-Dispatch reported that five victims from the I-64 crash have sued Knight and Holmes Transport, the company he drove for with Gary Wiseman, the St. Louis attorney representing Knight and the company.

Two of those killed were Amish from Missouri who were headed to a funeral in Tennessee with a hired driver. Lydia Miller died the day of the crash, and Alvin Mast died two days later.

Charles "Keith" Cason was in the car that was rear-ended by the truck, starting the pileup, the Highway Patrol report says and Mark Tiburzi's Toyota Camry was crushed in the accident, leaving the 53-year-old man with severe brain trauma. He now lives in a nursing home. "I talk to him all the time, but he doesn't talk back," his wife of 25 years, Cheri Tiburzi of St. Peters, said. "I've lost part of myself. A part of me is gone."

If you or a loved one has been the victim of such similar tragic events, please contact an experienced attorney now to receive the helpful and compassionate advice you deserve. Fight back with an experienced and passionate attorney.

Posted On: January 13, 2009

Well, change is on its way...

Regardless of political views or affiliations, you must admit this video is funny. Enjoy and pray for our new leaders in Washington and Jefferson City as they take over and let them keep "We the people" in mind as they make their decisions.

If you are suffering from injuries, take the time to laugh. Laughter is one of God's most healing gifts.

Posted On: January 12, 2009

Four Motorists Hurt In Traffic Accidents On Southwest Missouri Roads ~ Branson, Table Rock Lake, Shell Knob, Barry County, Stone County

<strong>INJURY LAWYER NEWS ~ Update

Three Shell Knob residents were injured in a two-vehicle accident at 7:44 a.m. Thursday on Highway 39 in Barry County, two miles south of Shell Knob, according to the Missouri State Highway Patrol accident report.

Unfortunetly, one of the drivers, Edward H. Baker, was flown by medical helicopter to St. John’s Hospital at Springfield. The other driver, Ruby L. Harker, and her passenger, Melvin F. Harker, 87, were flown by medical helicopter to St. John’s Hospital in Berryville Ark., the patrol said. Let's hope for a fast recovery.

According to the Missouri State Highway Patrol, the Harkers were in a northbound car that was struck head-on by Baker’s southbound car. Baker crossed the center line in an attempt to turn left in front of the Harker auto.

Also, a Fair Grove teenager was injured in a single-vehicle accident at 6:40 a.m. Thursday on Highway 39 also in Barry County, three miles north of Shell Knob. Tychus A. McCoy, was taken by ambulance to St. John’s Hospital in Aurora and the status of his injuries is unknown. McCoy was driving south when his pickup truck ran off the road and overturned, the patrol said.justia-davidpaynelaw-com.gif

David Payne Law represents people all over who have been seriously injured and/or have lost family members and loved ones as the result of a motor vehicle wreck or defect.

David Payne Law is advising clients in the following cases:

~Child Safety Seat and Restraint Failures
~Seatbelt and Airbag Defects
~Seat Failure
~Rollovers and Roof Crush Injuries
~Crashworthiness
~Tire Defects

DON'T LET TOO MUCH TIME PASS BEFORE YOU GET THE ADVICE YOU NEED.
YOU NEED HELP! And you've come to the right place. When you or a family member is injured, professional legal guidance and service is just what you need. You need a lawyer to take to the time to explain what you are facing & explain how the legal system can help you and your family. Insurance claims and injury cases are the focus of my practice and my passion.

My name is David Payne— I look forward to getting to speak to you. Please call today (417-847-7516) for a phone consultation with me.

I have years of experience dealing with insurance companies and a strong support staff trained in handling cases just like yours.

DAVID PAYNE LAW IS HERE TO HELP!

Posted On: January 2, 2009

Fluoroquinolone Antibiotics ~ Missouri Lawyer Free Information & Advice

Dangerous Drugs: Anyone who has been given a fluoroquinolone drug and experiences pain, swelling or inflammation in the area of a tendon should stop taking the drug and contact his or her physician.

Numerous reports of serious tendinitis and tendon ruptures have prompted the Food and Drug Administration to require the addition of a warning to the packaging of the powerful antibiotics known as fluoroquinolones. Call David Payne Law now for more information and a free case evaluation if you or a family member has been injured as a result of this dangerous family of drugs.

These drugs include: Cipro (ciprofloxacin), Proquin (ciprofloxacin hydrochloride), Factive (gemifloxacin), Levaquin (levofloxacin), Avelox (moxifloxacin), Noroxin (norfloxacin) and Floxin (ofloxacin). Levaquin, a powerful antibiotic used to treat lung, sinus, skin and urinary tract infections, has been linked to serious side effects which includes increased risk of tendinitis and tendon rupture.

The serious risk of tendinitis and tendon rupture is increased in patients older than 60 and even more so in the recipients of kidney, heart and lung transplants. Also, an increased risk is present in patients given these antibiotics in conjunction with steroid therapy.

The Achilles is the tendon most commonly injured in such cases. However, tendons attached to the rotator cuff, the biceps, the hand and the thumb may also be affected. Injury has occurred months after drug therapy has ended.

The symptoms are real and very serious. Fluroquinolones have also been associated with such serious side effects as convulsions, hallucinations, depression, heart rhythm changes and allergic reactions.

October 2008

The FDA announced that it was requiring a "black box warning" for fluoroquinolones after prior warnings failed to reduce the large number of tendon injuries reported in patients taking the antibiotics. The FDA is urging doctors to carefully weigh the dangers associated with these antibiotics before prescribing them to patients.66151%2C1172184293%2C1.jpg


Patients who experience a snapping or popping sensation in the area of a tendon, note bruising right after an injury in the area of a tendon or are unable to move or bear weight after taking the drug should also contact a doctor immediately.

If you or a loved one has suffered a serious complication after taking a fluroquinolone, contact David Payne Law by phone or by filling out the free case evaluation form. You need help...and you have come to the right place.