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.

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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.

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Posted In: Advice for the Injured , Brain Injury , Pharmaceutical Drugs , Pharmaceutical Litigation/Defective Drugs , 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!

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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.

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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.

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

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The makers of Yaz and Yasmin still continue to defend their product as more and more evidence is accumulating that these birth control pills cause serious personal injuries and even death. There have been numerous cases filed against the makers of these pills and even reports of 50 Yaz and Yasmin-related deaths between 2004 and 2008.

If you or a loved one has experienced health problems, including the symptoms listed below, and have recently consumed Yaz, Yasmin or Ocella, contact a product liability lawyer at David Payne Law.

Missouri defective drug attorney, David Payne, will give you a free and confidential evaluation of your Slim-Fast® 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.

Yasmin is a birth control pill that was brought to the market in 2001 by Bayer Healthcare. A second contraceptive, Yaz, hit the hands of consumers in 2006. The generic brand of these pills is Ocella, which is manufactured by Barr Laboratories Inc. They are combination oral contraceptives COCs, meaning that they contain an estrogenic and progestational component that work together to suppress ovulation, fertilization and implantation and thus prevent pregnancy.

Birth control pills have been linked to a higher risk of blood clots, heart attacks and strokes since their introduction in the 1960s. Since then, pharmaceutical companies have continually developed newer versions of COCs to lower these associated risks. Yet, in this process, Bayer and Barr have produced an oral contraceptive that contains a new progestin, drospirenone, which is just as dangerous.

Studies done before the FDA approval of Yaz, Yasmin and Ocella indicate that drospirenone has certain effects that are different than those of traditional progestins and potentially more dangerous. Specifically, drospirenone raises potassium levels in the blood, which can lead to hyperkalemia. This condition causes heart rhythm disturbances like extrasystolies, pauses and bradycardia. Hyperkalemia disrupts the normal rhythm of the heart and the flow of blood through the heart can be slowed to the point of forming blood clots. Blood clots can lead to heart attacks and strokes.

In addition, Yasmin and Yaz contain chemical properties similar to diuretics, which reduce water retention and bloating. However; excessive loss of body fluids can lead to dehydration. Severe dehydration can also increase the risk of blood clots and kidney disease by making blood thicker, which causes constriction and the narrowing of blood vessels.

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

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

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The Missouri State Highway Patrol (MSHP) has identified a Missouri man who died in a US-65 rollover accident as Stephen P. Bullock. According to a report from the MSHP, Bullock, 35, of Brighton, was traveling southbound on US Highway 65, about two miles north of Springfield, when his 2001 Ford Explorer suffered a tire blow-out. Bullock lost control, ran off of the roadway, and overturned several times. He was pronounced dead at the scene by Assistant Greene County Medical Examiner David Brown.

My heart goes out to the family of Stephen Bullock who was tragically killed in this Greene County rollover accident. I offer my deepest condolences to his loved ones. Please keep them in your prayers.

Tire failure, or tire tread separation, are among the most common auto product defects that can cause drivers to lose control of their vehicles. During a blow-out, it is very common for the driver to lose control of the vehicle and it is tough, even for skilled drivers, to correct the situation.

According to the National Highway Traffic Safety Administration (NHTSA), about 10,000 people die every year in rollover accidents across the U.S.

Get in touch with a reputable Missouri defective tire accident attorney at David Payne Law, LLC, who will be able to help determine whether the defective tire was the cause of the accident. The vehicle and the tire must be preserved in their current conditions so they can be looked over for evidence of defects and/or malfunctions.

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.

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

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Wendi D Piemonte, 33, of Branson West, MO suffered serious personal injuries in a Missouri SUV rollover accident, according to a report from the Missouri State Highway Patrol.

On the afternoon of July 14, 2009, was westbound on Rolling Acres Road south of Branson West when her 2005 GMC SUV ran off of the roadway and overturned. Piemonte was then taken to Skaggs Regional Medical Center.

I wish Wendi the best towards a quick and complete recovery.

Thousands of Americans die every year in rollover accidents. According to the National Highway and Traffic Safety Administration (NHTSA), at least one quarter of traffic accident fatalities occur in rollover crashes. Auto manufacturers are continuing to make vehicles with weak roofs that can easily cave in and crush the passengers inside. This can result in disastrous injuries to the brain and spinal cord or even death.

In this Missouri rollover accident, it's not clear what caused Piemonte to run off the roadway. An experienced rollover accident attorney, David Payne, would look into whether there was a mechanical problem or motor vehicle defect involving the GMC that may have caused this Missouri rollover accident.

If this car accident was caused by some type of defective product, then the car maker could be held liable for the personal injuries that it caused. This compensation would include the following:

•Medical expenses
•Funeral expenses
•Cost of medication
•Hospitalization and long-term care
•Loss of wages
•Other damages resulting from the accident

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 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.

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

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A MO-96 SUV rollover accident in Lawrence County leaves a Carthage woman with fatal injuries, according to a crash report from the Missouri State Highway Patrol.

On the morning of Wednesday, July 22, Leslie D. Laney, 48, was westbound on Missouri Highway 96 about five miles west of Halltown when her 1999 Ford Explorer ran off of the left side of the road. She overcorrected, ran off the right side of the highway and overturned. Laney was pronounced dead at the scene be Deputy Coroner Scott Lakin.

My deepest sympathies are extended to the loved ones of Leslie Laney. Please keep them in your thoughts and prayers.

This makes the 57th fatality for Troop D in 2009.

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 Laney 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 Ford Explorer? 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, then the families of deceased auto accident victims would be able to file a wrongful death 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 experienced Missouri SUV rollover lawyer 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 at 417.847.7516 anytime for a free, no-obligation consultation.

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

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

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A Springfield, Missouri man suffered serious personal injuries in a defective tire accident that occurred on Missouri Highway 13, according to a report by the Missouri State Highway Patrol.

On July1, 2009, Malcolm, R. Murray, 32, of Springfield, MO lost control of his 2001 Ford Edge after a tire blew out about ten miles north of Springfield about 1:45 in the afternoon. Malcolm then skidded off the right side of the road and overturned several times. Malcolm was then transported to St. Johns Hospital by ambulance.

The results of tire tread separation can be disastrous. They frequently cause tire blowouts, like in this example with Malcolm and his Ford Edge, and they will cause the driver of the vehicle to lose control. When the tread of the tire and the belt separate from the inside of the tire, it results in serious crashes and even rollovers. These accidents frequently cause serious injuries and death to the occupants of the vehicle.

Victims, like Malcolm, and their families would be well-advised to retain the services of Missouri auto product liability lawyer David Payne. David would look into whether the tire was poorly designed or defective tire was the cause of the accident. The Ford’s tire manufacturer could be held liable for compensation if the tire is found to be defective or poorly designed.

If you or a loved one believes that a defective tire might have been responsible for your motor vehicle accident, please contact the law office of Missouri defective tire attorney David Payne.

Contact David Payne anytime online or at 417.847.7516 for a free consultation.David will give you the legal assistance that you need to figure out your options for compensation.

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

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A Bourbon woman suffered injuries in a Missouri SUV rollover accident on July 1, 2009, according to a report from the Missouri State Highway Patrol (MSHP).

Families of victims who have experienced tragic injuries or even death should contact a product liability lawyer at David Payne Law, LLC.

Brenda S. Hamilton, 59, was driving on Route P about two miles north of Cuba, MO when her 1998 Jeep Cherokee traveled off of the right side of the roadway. When Hamilton returned to the roadway, her Jeep overturned several times and traveled off of the left side of the road before finally coming to a rest. Hamilton was taken by a Crawford County ambulance to the Cuba airport where she was then flown to St. Johns in Creve Coeur.

Every year, more than 40,000 people perish in rollover accidents in the United States. More than half of these rollover accident fatalities involve SUVs. The main reason is because SUVs lack roof strength and as a result the occupants of the vehicle are at a high risk for severe brain and spinal cord injuries.

In this particular case, based on the MSHP’s report, it is not clear why Hamilton lost control of her Jeep. There could have been numerous reasons to why this accident could have happened like driver error, a mechanical problem, a dangerous roadway, or a defective auto product. If the accident did happen because of a defective auto product, then the manufacturer of the vehicle could be held liable for compensation.

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

•Medical expenses
•Funeral expenses
•Medication costs
•Hospitalization costs
•Loss of wages
•Other damages resulting from the accident

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 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.

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

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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.

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

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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.

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

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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.

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

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Posted In: Advice for the Injured , Auto Accidents , Brain Injury , Commerical Trucking Wrecks

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A Russian student visiting Branson in the Summer 2008 suffered a severe head injury in a fall off a motel balcony and recently reached a $2 million settlement of his Christian County premises liability case against the motel.

David Payne Law & Strong-Garner-Bauer represented the Plaintiff. This case settled for policy limits within 5 months of the date of injury!

Denis Naumenko was a Russian student working in Branson during the summer of 2008. Naumenko and several other Russian friends had gathered at the Queen Anne II Motel on Aug. 30, 2008, to celebrate the end of the summer. Naumenko was leaning against the outside walkway railing on the second floor of the motel. The railing collapsed, causing Naumenko to fall about 20 feet to the parking lot below.

Naumenko suffered a serious head injury (traumatic head injury) and was life-flighted to St. John’s Hospital, Springfield. After more than 100 days in the hospital and multiple surgeries — including placement of intracranial pressure monitors, an emergent bifrontal decompressive craniectomy and a bifrontal cranial defect reconstruction — Naumenko was able to return to Russia about four months after the fall.

Police photographs of the railing taken the night of the fall showed it was not bolted to the adjacent support posts.

Plaintiff’s counsel also learned there was a foreclosure action on the motel pending in Taney County between defendants Berag Singh Bahy and Queen Anne Hospitality Corp. The Taney County court file contained a copy of the purchase agreement between the two defendants entered in 2006. Oh, how rich this purchase agreement was for the plaintiff's case on linking liability to both Bahy and Queen Anne.

The plaintiff asserted that an addendum to the purchase agreement showed both defendants had known the railing was unsecured and unsafe for almost two years before Naumenko’s fall, but neither defendant had ever fixed it. "It appears the defendants had been fighting over who should fix the railing and do other needed repairs. Neither defendants' pride seemingly would allow them to fix this railing...it would have taken a few minutes and a $2 bolt!"After identifying the defendants’ insurance information during initial discovery, plaintiff issued a policy limit demand, left open for 30 days. The defendants didn't let the 30 days pass before tending policy limts. The parties settled for the defendants’ combined policy limits of $2 million.

Missouri Lawyers Weekly reported Jill Frost, Kansas City attorney for Bahy, confirmed the settlement details but declined further comment.

Posted by David Payne | Permalink | Email This Post

Posted In: Brain Injury , Spinal Cord Injury , Verdicts & Settlements

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