Missouri Injury Attorney Blog

A Festus woman was involved in a Missouri bicycle accident on June 28, 2009, according to a report from the Missouri State Highway Patrol.

Claracp E. Walsh, 59, of Festus, MO, was struck by a truck while she was on her bicycle about 6:25 in the evening. The 2007 GMC Sierra, driven by Melinda M. Lewis, 37, of Hillsboro, MO, was merging onto Route A from Sandy Valley Dr. just northeast of Hillsboro. Lewis failed to notice Walsh on her bicycle and stuck her. Walsh was then taken to St. Johns Medical Center with serious personal injuries.

Please keep Claracp in your thoughts and prayers as she recovers from her injuries.

The following statistics are from the Missouri State Highway Patrol for the year 2007:

• One person was killed or injured in a bicycle traffic crash every 15.7 hours in the state of Missouri.
• About 82% of all bicycle-involved traffic crashes resulted with personal injuries.
• About 1% of all bicycle-involved traffic crashes resulted in a fatality.

Under Missouri law, bicyclists are subject to the same traffic laws as motorists. Due to this, bicycle riders deserve the same protection by these laws. Regardless of where you are in Missouri, victims of bicycle accidents involving vehicles deserve compensation to recover from things such as:

• Medical bills
• Emotional suffering
• Permanent disability
• Wrongful death

If you or a loved one has been injured or has died in a bicycle accident involving a vehicle, it is imperative that you contact a zealous and successful personal injury law firm like David Payne Law, LLC to start protecting your rights.

Based in Southwest Missouri, David Payne Law can help people who have been seriously injured or who have lost a loved one due to the negligence of another driver.

Contact David Payne at 417.847.7516 if you have questions and would like to learn more regarding your claim. David will outline your legal rights and advise you in the direction that best serves you.

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Posted In: Advice for the Injured , Auto Accidents , Insurance Claims

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An Orrick, MO man is recovering from personal injuries from a Missouri SUV rollover accident on June 28, 2009, according to a recent Missouri State Highway Patrol report.

Joesph A. Waters, 49, failed to negotiate a curve and lost control of his 2003 Jeep Liberty. He traveled off the right side of the roadway, struck an embankment, and overturned. The Jeep then struck a fence and came to a rest on all four tires. An investigation is continuing. Waters was then taken by ambulance to the Ray County Hospital with personal injuries.

The following information is provided by the National Highway Traffic Safety Administration (NHTSA) and consumer rights group, Public Citizen:

• There were a total of 10,698 rollover accidents that resulted in fatalities in the United States in 2006, according to the NHTSA.

• This accounts for about 35% of vehicle occupants killed in traffic accidents, according to Public Citizen.

• Ten years before that, in 1996, there were 9,379 rollover accidents that resulted in deaths, according to the NHTSA.

• This only accounted for 29% of vehicle occupants killed in traffic accidents, according to Public Citizen.

The 2003 Jeep Liberty Rollover Resistance Rating was a two, out of five, stars! That is not good.

The Rollover Resistance Rating is an estimate of the vehicle’s chances of rolling over in a single-vehicle crash. The rating looks at a vehicle’s characteristics, such as its center of gravity and track width, to determine how “top heavy” a vehicle is. The more “top-heavy” a vehicle is, the more likely it is to roll over.

Since the 2003 Jeep Liberty got a rating of two stars that means it is three times more likely to roll over than vehicles with the highest rating of five stars.

If this Missouri SUV rollover accident was caused by some type of defect on the vehicle, then the car maker could be held liable for personal injuries or death that resulted from the accident. In similar cases, families of deceased rollover accident victims may be eligible to file a wrongful death claim, which compensates families for funeral expenses, loss wages, and other related damages.

If you or a loved one has experienced personal injuries or death as a result of a defective car or a car product defect, please contact experienced Missouri rollover accident attorney David Payne.

Contact David Payne at 417.847.7516 to find out more information about your legal rights and options. The best personal injury attorneys always offer a free and comprehensive consultation to injured victims and/or their families.

Posted by David Payne | Permalink | Email This Post

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

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Defects in products are something that can that is made by manufacturers or producers when humans are involved in their development. These defects may vary from a simple flaw in the construction of a chair to tire thread separation that could cause a tire to blow out, which could cause serious injury and fatal car accidents.

Product defects are categorized depending on what stage the defective product acquired its deficiency.

• Design Defects – take place even before the product has been created or in the product’s initial planning stages. This type of defect arises when the manufacturer is trying to develop a product that is appealing to consumer’s eye. And unfortunately, safety standards are usually disregarded in the design stage, which leads to defects.

• Manufacturing defects – happens while the product is being assembled or produced. Whether a product is designed by hand or with the help of a machine, problems and mistakes can and do happen and they cannot be avoid. For this reason, testing is always necessary for manufacturing companies to ensure that their products pass the required safety standards. Failure to conduct the proper testing my result in more trouble for the producer, as well as the consumer.

• Marketing defects – these defects occur while the product is being sold or distributed. Even though an item has proven to be clear of any manufacturing defects, improper handling or delivery of the product may result in damage. This is the responsibility of the distributor of the product.

Product liability laws guarantee protection for consumers have been injured or even died due to a defective product. Consumers are then able to file lawsuits, or product liability claims, against the companies who made and/or distributed the product.

Since the filing of such lawsuits involves numerous complicated matters, it is advisable to hire the assistance of a defective product lawyer. If you or a loved one has been injured or even died due to a defective product, contact defective product lawyer David Payne. David can help you receive compensation for your injuries and reimbursement for repairs and/or replacements of products.

Contact David Payne anytime at 417.847.7516 for a complimentary, no-obligation consultation. David will outline your legal options and advise you in the direction that will best benefit you.

Posted by David Payne | Permalink | Email This Post

Posted In: Defective Products

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An Ozark, MO man died on July 1, 2009, after he was involved in a Missouri train accident.

Michael J. Biggs, 30, was driving his 1993 Ford van across the tracks at a private crossing just east of Springfield when it was hit by a coal train about 1:30 in the afternoon.

A report from the Missouri State Highway Patrol stated that Biggs failed to yield at a non-signaled crossing with a stop sign and pulled into the path of the BNSF locomotive, which was pulling 124 empty freight cars. Biggs was pronounced dead at the scene by Greene County Deputy Coroner David Brown.

The following information is provided by the Federal Railroad Administration:

• There have been a total of 11 train accidents in Greene County since 2006.
• In 2008, there were a total of 46 highway-rail train accidents in Missouri.
• Of those 46 accidents, 10 resulted in fatalities.

Train accidents can happen in an instant, but the effects can last a lifetime. A train crash can affect your health, your work, or even result in death. If you were in a car crash then the party who caused the crash would be responsible for paying your bills. The same is true in a train crash, except the responsible party is a train company.

When a train crash is caused by a train company's negligence or error, they are responsible for covering your associated medical bills, lost wages, and pain and suffering.

If you someone you know has been injured because of negligence relating to railroads or trains, let David Payne Law, LLC review your case to determine your legal options.

Contact David Payne online or at 417.847.7516 for free no obligation consultation.

Posted by David Payne | Permalink | Email This Post

Posted In: Train Accidents , Wrongful Death Claims & Litigation

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Bridgstone/Firestone announced on June 30, 2009 that they are extending their October 2008 recall to include about 127,000 Firestone FR 380 tires that were manufactured from September 9, 2007 through July 2, 2008. The P235/75R15 tires in this defective tire recall could lead to vibration, groove cracking, tire tread separation, and loss of vehicle control.

Bridgestone will notify the owners of these tires and replace them at no cost to you. Bridgestone will also mount and balance the replacement tires at no additional charge, as well. Consumers who have questions about this defective tire recall can contact Bridgstone/Firestone at 1.800.465.1904 or the National Highway Traffic Safety Administration (NHTSA) at 1.888.327.4236.

Whether on passenger cars, motorcycles or a vast number of other vehicles, defective tires can have disastrous effects for the occupants of the vehicles, as well as their family and friends. No matter how much driving experience a driver has, when a tire fails, the driver has very little to zero control over their vehicles. These types of product liability issues can lead to rollover auto accidents, which can result in cataclysmic injuries or even deaths.

In cases where a defective tires cause serious personal injuries or deaths, the tire manufacturer or distributor could be held liable for the accident and the injuries resulting from it.

Injured victims and their families can acquire compensation to cover the following:

• Medical expenses
• Funeral expenses
• Medication costs
• Hospitalization or long-term care
• Loss of wages
• Other damages resulting from the accident

If you or a loved one has been injured or has died due to a tire defect, please contact defective tire attorney David Payne. David will fight for your rights and make sure that you receive fair compensation for your injuries and losses caused by a defective tire.

Contact David Payne at 417.847.7516 for a free, comprehensive initial consultation regarding your product liability claim.

Posted by David Payne | Permalink | Email This Post

Posted In: Defective Products , Defective Tires

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An advisory panel, assembled by the U.S. Food and Drug Administration (FDA), voted on Tuesday, June 30, 2009, to recommend eliminating prescription drugs that combine acetaminophen with narcotics, according to a recent CNN news article. This includes drugs such as Vicodin and Percocet. These drugs have a high risk for overdose and severe liver damage.

If you believe you need to speak with an attorney, call David Payne Law.

The panel voted 20 to 17 to advise the FDA to remove these types of prescription drugs from the markets. The group was meeting to vote on recommendations to decrease the risk of the serious liver injuries that are associated with acetaminophen. This drug is not only found in prescription drugs, but over-the-counter medications like Tylenol and NyQuil, as well. Because of this, the group also advised the FDA to lower the maximum daily dose of acetaminophen in these over-the-counter medications and to address the dosing recommendations for children.

The panel recommended that the FDA "send a clear message that there's a high likelihood of overdose from prescription narcotics and acetaminophen products," Dr. Sandra L. Kweder of the FDA's Office of New Drugs said at a news conference after Tuesday's meeting.

Acetaminophen is one of the most commonly used drugs in the U.S. for relieving pain and reducing fever. According to a previous study by the FDA, overdoses of acetaminophen were linked to 56,000 emergency room visits, 26,000 hospitalizations, and 458 deaths during the 1990s. A 2007 Centers for Disease Control and Prevention study estimated that acetaminophen was most likely the cause of about 1,600 acute liver failures each year.

The FDA is not obligated to follow the recommendations of its advisory panels, but in most cases it does.

If you or a loved one has been affected by products containing acetaminophen, do not hesitate to contact defective drug lawyer David Payne. David will list your best possible options and advise you in the direction that will best benefit you.

Please be careful with your intake of medication, whether it is over-the-counter or prescribed, that contain acetaminophen.

Contact David Payne at 471.847.7516 anytime for a free, no-obligation consultation regarding your claim.

Posted by David Payne | Permalink | Email This Post

Posted In: Defective Products , Pharmaceutical Drugs , Pharmaceutical Litigation/Defective Drugs

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A Jefferson City man died in a Missouri SUV rollover accident on the afternoon of June 27, 2009, in Cole County, according to a report from the Missouri State Highway Patrol.

Arthur W. Bodamer, 83, of Jefferson City, MO traveled off of the left side of the roadway, struck a tree, and overturned. The 2005 Toyota Highlander finally came to a rest on all four wheels. Bodamer was pronounced dead at the scene by Cole County Coroner, Dr. Carl Doerhoff. Bodamer’s wife, Patsy A. Bodamer, 79, also of Jefferson City, endured serious personal injuries and was flown to the University of Missouri Hospital in Columbia.
Youth Reckless Driving - Horse - Celebrity bloopers here

My condolences go out to the family and friends of the Bodamers and I wish Patsy all the best in a fast and complete recovery.

In this Missouri SUV rollover accident, it's not clear why Bodamer lost control and traveled off of the roadway. Experienced SUV rollover accident lawyer, David Payne, would look into whether there was a mechanical problem or motor vehicle defect involving the Toyota Highlander that may have caused this fatal Missouri rollover accident.

If a mechanical problem or vehicle defect is in fact the reason for an SUV rollover accident, the family of the deceased or injured victims may be able to file a product liability claim against the manufacturer of the defective product. The victims or the families would be able to receive compensation for things such as medical expenses, funeral expenses, and loss of wages.

Call David Payne Law, LLC at 417.847.7516 or fill out our online form for a free and comprehensive initial consultation for the injured victims and their families.

Posted by David Payne | Permalink | Email This Post

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

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Troy D. Holder of Girard, Kansas was involved in a Missouri rollover accident on the morning of June 16, 2009, according the Missouri State Highway Patrol. The accident occurred on U.S. Highway 54 about 4 miles west of Nevada, Missouri. Holder lost control of his 2002 Dodge Ram on the wet pavement and slid off the right side of the road. He struck the ditch embankment and overturned. The truck finally came to a rest on its top in the ditch. Holder was then taken to the Nevada Medical Center to be treated for personal injuries.

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According to the National Highway Safety Traffic Administration (NHTSA), rollover crashes have a higher fatality rate than any other kind of crash. More than 10,000 people a year are killed in rollover accidents. Rollover accident fatalities account for 33 percent of all passenger vehicle fatalities.

In this Missouri rollover accident, it is not clear why Mr. Holder lost control of his Dodge Ram. An experienced rollover accident attorney, David Payne, would look into whether there was a mechanical problem or motor vehicle defect that may have caused this U.S. Hwy. 54, Missouri rollover accident. If this rollover accident was caused by some type of defective product, then the car maker could be held liable for the personal injuries.

If you suspect your personal injuries are a result of a defective car or a car product defect, please contact experienced Missouri rollover accident attorney David Payne.

Please contact David at 417.847.7516 for a free, no-obligation consultation regarding your rollover case.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents , Defective Products , Insurance Claims

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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.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents , Defective Products , Insurance Claims , Wrongful Death Claims & Litigation

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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.

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Posted In: Boating/Personal Watercraft Accidents

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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.

Contact Missouri auto accident attorney David Payne for an outline of your legal rights and your options regarding your claim.

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.

Posted by David Payne | Permalink | Email This Post

Posted In: Auto Accidents , Auto Accidents

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