February 8, 2010

MO Rear-End Collision Leaves Illionois Man with Severe Injuries

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.18_wheeler_250x251.jpg

• 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.

February 4, 2010

I-55 MO SUV Rollover Accident Leaves Two Girls With Serious Personal Injuries

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.

January 12, 2010

I-55 Head-On Collision Results in Four Fatalities

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.

January 7, 2010

Defective Dorel Car Seat/Carrier Recall

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.

January 3, 2010

Yaz and Yasmin - Linked to Serious Personal Injury

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. woman-fingers-pill-220.jpg

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.

December 29, 2009

Holiday Recall: Vicks Liquicaps

Winter has come upon us once again along with sniffles, sneezes and sickness. Because of this, consumers are purchasing more supplements and medicines to assist them in overcoming these symptoms. In turn, consumers shouldn’t have to worry whether supplements or medicines they purchase are safe to take or if they have the proper warnings and labels. Yet, all too often, unsafe medicines land in the hands of consumers and lead to serious personal injuries and even death.

Recently, Proctor & Gamble has recalled about 700,000 packages of Vicks Dayquil Cold & Flu 24-Count Bonus Pack Liquicaps. These packages contain acetaminophen and are not child-resistant. Nor do they have required label that provides the statement, “This Package for Households without Young Children,” as required by the Poison Prevention Packaging Act.Vicks.jpg

If swallowed, this medicine can cause serious health problems to a child or even death if several capsules are swallowed. This cannot be tolerated and companies must be held accountable for providing a product that is unsafe or does not provide the proper warnings.

Missouri defective drug attorneys at David Payne Law will provide peace of mind to their clients coupled with aggressive and zealous legal representation in order to acquire the compensation they deserve.

Victims and families of those who have suffered serious injuries or death to a defective drug are eligible to receive compensation that covers the following:
• Medical costs
• Hospitalization costs
• Cost of physical therapy
• Funeral costs
• Loss of wages

If you or a loved one has experienced personal injuries or death due to a defective drug, please contact personal injury attorney David Payne to discuss your options and legal rights.

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

November 16, 2009

Tire Tread Separation Leads To A Blowout and Serious Injury On I-55

A Missouri defective tire/SUV rollover crash leaves two victims with serious personal injuries.

A 1999 Chevrolet Tahoe, driven by Rodney D. Todd, 38, of Coldwater, Mississippi, had a tire blow-out on Interstate 55 about three miles north of Steele, MO. The Tahoe ran off of the right side of the highway and overturned. Todd was taken to Pemiscot Memorial Hospital with serious injuries. The occupant, Timothy A. Webster, 18, of Washington, Indiana, was air-lifted to Elvis Presley Trauma Center in Memphis, Tennessee with severe personal injuries.

It is very fortunate that there weren’t any fatalities in this Missouri defective tire accident. I wish both the victims the very best for a quick and complete recovery.

A tire blow-out is one of the scariest things that can happen to a driver on the roadway. Tire tread separation at highway speeds can often cause the vehicle to overturn, like the Tahoe in this case. Rollover accidents are known for causing tragic injuries or even death.

This is a classic case of a defective tire and tire tread separation, which caused the Ford Explorer to travel off of the road and overturn. Dealing with defective tire cases, we are beginning to see more cases of tire failure due to a manufacturing or design defect long before the tread on the tire has deteriorated.

If a defective tire is proved to be the result of a manufacturing or design defect, then the injured parties would have a claim against the tire manufacturer for injury and damage compensation that include:

•Medical expenses
•Loss of wages
•Cost of physical therapy
•Funeral costs
•Mental stress and trauma
•Other damages relating to the accident

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.

October 12, 2009

Highway 65 SUV Rollover/Tire Blow-Out Accident Results In Fatal Injuries - Wrongful Death Claim

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.

September 28, 2009

Ozarks Woman Is Seriously Injured In An Branson Rollover Crash

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.


September 23, 2009

Evenflo Recalls Children's Toy Telephones - Choking Hazard

Evenflo, a popular manufacturer of baby and child products, has recalled some of its toy telephones due to a choking hazard, according to the Consumer Product Safety Commission (CPSC). Families of children, who have suffered serious personal injuries due to a defective toy or other children's product, should contact an experienced personal injury attorney at David Payne Law.

On July 16, 2009, Evenflo recalled about 25,000 of its Switch-A-Roo Telephone Toys. A mirror decal on the front of the toy can peel away which can cause a potential choking hazard. This recall includes Switch-A-Roo phones manufactured between October 2008 and June 2009.

This product was sold at children’s stores nationwide, including Toys ‘R Us, for about $8.

For additional information on this recall, you can contact Evenflo at 800.233.5921 or at safety.evenflo.com.

Defective toys, such as this, could cause serious injuries or death to babies and small children. It is important to keep in mind that in any product liability case, the manufacturer of the product can be held liable when:phone.jpg

•The product’s design is unsafe and poses a hazard
•The manufacturer fails to make the product in accordance with specific safety guidelines
•The manufacturer fails to give any or adequate warnings of risks that arise when using their product
•The manufacturer does not give clear or complete instructions to reduce the risk of injury from the potential use of the product.

If you or a loved one has suffered personal injuries or death because of a defective children’s product, you are well-advised to contact a Missouri product liability attorney at David Payne Law, LLC. 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.

September 19, 2009

Two Missouri Men Were Seriously Injured In MO-32 Semi Truck Collision

Two gentelmen suffered serious personal injuries in a Missouri 18-wheeler accident on July 14, according to a report from the Missouri State Highway Patrol.

Mark L. Mickel, 43, of Matthews, MO, was traveling westbound on Highway 32 in a 1996 International truck when he crossed the center line and hit a 2005 Chevrolet Uplander, driven by Stephen K. Nixon, 62, of St. Louis, MO. Mickel went off the left side of the road and hit a tree. Nixon went off the right side and overturned. Both men were taken to St. Genevieve County Hospital with minor personal injuries.

So many of these accidents result in serious injuries and death, but luckily this Missouri commercial truck accident resulted in only minor injuries for the persons involved. 18-wheeler.jpg

I wish the best for these two gentlemen in their recoveries.

Although there were less large truck-related accident deaths in 2008 (4,229) compared to 2007 (4,822), too many Americans continue to perish in 18-wheeler and large trucking accidents. Although some of these accidents do not occur at the fault of the truck driver or trucking company, there are still steps that they can take to prevent accidents.

Steps that truck drivers can take include, but are not limited to, the following:

•Do not drive when fatigued
•Always check your blind spots
•Stay a safe distance behind other vehicles
•Properly maintenance your truck
•Reduce your speed in work zones
•Frequently inspect your truck
•Properly secure your cargo
•Practice defensive driving
•Always get plenty of rest before driving

If you or a loved one has been injured or killed in a Missouri 18-wheeler and large truck accident, please contact an experienced Missouri injury attorney at David Payne Law. David will properly investigate the evidence, assess your injuries, and pursue the maximum recovery that you deserve.

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

September 17, 2009

A Couple Near Stockton, MO Receives $1.1 Million After Lawsuit With Nearby Hog Farm

A Missouri couple has been awarded $1.1 million in a lawsuit settlement because of the smell from a factory hog farm in the vicinity of their home.

Ed and Ruth McEowen, of Jerico Springs, MO filed a nuisance lawsuit back in 2005 against the hog operators after barns were constructed less then 1,000 feet from their house.

“Night was always the worst,” Ed McEowen said. “It’s like the monsters come out at night. The sickening stench just lays down here in the valley once the sun goes down. You could never invite anybody over because you never knew how bad the stench was going to be.”

The lawsuit, which was finalized in the middle of July 2009 in Cedar County Circuit Court, was filed against the owner of the barns, Doug Mullings, the supplier of the hogs the Missouri Farmers Association (MFA), North View Swine Co., and the Missouri Farm Bureau.

The suit claimed that Mullings built one of the six barns built without a construction, permit, which was in violation of Missouri Department of Natural Resources (MoDNR) regulations. In addition, the farm was in operation for six years without an operating permit from MoDNR.

Hog waste polluted a creek that runs the McEowens’ property, which they had made their home on for 30 years before that.

The settlement only involved odors up to the date of the settlement. However, Ed and Ruth said they would be ready to file another nuisance claim if the hog farm continued to harm and intrude on their quality of life.

“I’m sending them a message,” said the McEowens’ attorney, Michael David Holzknecht, of Stockton, MO. “Most of our clients have been living in their homes for generations. The big hog companies try to say its people from the city moving out (to the country) that don’t get ag odors. It is anything but that.”

If you or a loved one has been injured because of the fault of another party; by negligence, personal injury, slip and fall, auto and trucking accidents, ATV accidents, medical malpractice, defective products or drugs, please contact Missouri personal injury attorney David Payne.

Please contact David Payne at 417.847.7516 anytime for a free, no-obligation case analysis.

September 8, 2009

Polaris Announces Defective ATV Recall

Polaris Industries issued a defective product recall for about 4,700 of their 2009 all-terrain vehicles on July 22, 2009, according to a report from the U.S. Consumer Product Safety Commission (CPSC). Victims and their families, who have been injured or killed due to a product defect, would be advised to contact an experienced Missouri product liability lawyer at David Payne Law,

The recall is in response to the probability of the valve assemble failing in freezing temperatures. This can cause oil to leak into the exhaust system. This can pose a serious fire and burn hazard to the rider of the vehicle. So far, the company has received numerous reports of this event occurring. These instances resulted in several fires, damage to air boxes, ignition coils, and the seat.

This defective product recall involves certain models of the 2009 Sportsman ESP XP 850 and Sportsman XP 850. This ATV was sold at Polaris dealers throughout the nation from September 2008 to June 2009 for roughly $9000.09755.jpg

For a list of the model numbers included in this recall, please visit the U.S. Consumer Product Safety Commission website at www.cpsc.gov, or call Polaris at 1-888-704-5290.

Consumers who own one of these defective ATVs must immediately stop using the vehicle in freezing temperatures and contact their local Polaris dealer for a free repair. If you have registered your Polaris ATV then you should be receiving a notification in the mail about this recall.

Hundreds of young adults are injured or killed in ATV accidents every year in the U.S. Quite a few of these crashes are a result of a defective ATV. According to the CPSC, there were 750 deaths and 146,600 injuries involving ATV crashes in America in 2006.

If you believe that your ATV accident was caused by a defective design or product, you would be well-advised to preserve the vehicle in its crashed condition so it can be inspected by a product defect expert.

If you or a loved one has been seriously injured or killed in an ATV accident and believe it was because of a defect within the vehicle, please contact experienced Missouri defective ATV attorney David Payne. David will outline your legal rights and options.

Please contact David Payne at 417.847.7516 anytime for a free, no-obligation consultation.


August 30, 2009

Southwest MO Man Is Seriously Hurt In Motorcycle Crash Near Joplin

A Webb City gentleman was seriously injured in a Jasper County motorcycle accident on Tuesday, July 21, according to a report from the Missouri State Highway Patrol.

Sean D. Gaines, 20, was southbound on County Road 230 about a half a mile north of Webb City when a northbound 2003 Chevrolet, driven by Laura R. Hoog, 45, also of Webb City failed to yield to Gaines while making a left turn off the roadway. Hoog collided with Gaines in the southbound lane. Gaines was then taken by ambulance to Freeman West Hospital in Joplin, MO with serious personal injuries.

According the MSHP, there were a total of 2,396 motorcycle-involved accidents in Missouri in 2007. In these accidents, a total of 2,068 people suffered personal injuries and 91 people lost their lives.

My heart goes out to this injured victim. I hope that Sean makes a quick and complete recovery. Please keep him in your thoughts and prayers.

Families, like that of Sean Gaines, would be well-advised to contact an experienced Missouri motorcycle accident attorney like David Payne. David will fight for your rights and determine whether negligence or reckless driving on the part of the vehicle caused the collision.

In cases, such as this one, where negligence or wrongdoing is involved, victims and their families could receive compensation from the party at fault for things that include, but are not limited to the following:

•Medical costs
•Funeral costs
•Loss of wages
•Cost of physical therapy
•Emotional suffering
•Other expenses relating to the accident

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

August 27, 2009

Southwest Missouri Teenager Is Seriously Injured In A Hit-And-Run Near Joplin

Kiyle J. Chiou, 18, of Carl Junction, MO suffered personal injuries in a Missouri pedestrian accident after he was struck by a hit-and-run driver on July 19. Victims and their families, who have been injured or killed due to the negligence of another party, would be advised to contact an experienced Missouri personal injury lawyer at David Payne Law.

According to a report from the Missouri State Highway Patrol, Chiou was walking southbound in the northbound lane of Route JJ, which is about four miles north of Joplin. According to Chiou, an unknown vehicle, traveling northbound, struck him and left the scene. Chiou was then transported to Freeman West Hospital in Joplin with minor injuries.

Please keep Mr. Chiou in your thoughts and prayers as we wish him the best in a full and quick recovery.

Hit-and-run or fleeing the scene of an accident is a serious offense in the state of Missouri. The law clearly states that any driver involved in a traffic accident in Missouri must stop at the scene of that accident. Drivers are required to show proper identification and give contact and car insurance information to the all parties involved. Leaving the scene because of panic or stress is not a valid excuse.

Missouri Revised Statute 577.060 states: Leaving the scene of a motor vehicle accident is a class A misdemeanor, except that it shall be a class D felony if the accident resulted in:

•Physical injury to another party
•Property damage in excess of $1,000
•If the defendant has previously pled guilty to or been found guilty of a violation of this section.

Call now to consult with an experienced Missouri personal injury lawyer at David Payne Law. David will analyze all aspects of your pedestrian accident and will work to see that the negligent parties are held accountable for their actions.

If there was a dangerous condition on the road, which could have caused the accident, the government agency responsible for maintaining that road could be held liable.

If you or a loved one has been injured or killed due to the negligence of another party in a Missouri hit-and-run accident, please contact David Payne for an outline of your legal rights and options.

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

August 26, 2009

A Highway 96 Crash Near I-44 Leaves An Ozarks Woman Dead After Her Ford Explorer Overturned

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.

August 22, 2009

Defective Medications Reaching Missouri Consumers Can Lead To Severe Injury And Even Death

Every day we consume millions of pills, supplements, and other medications with the comfort that they are safe to take and that they are doing their job. However, there is an increasing rate of defective medications being prescribed to consumers and released on the market. And if these medications are defective, then they could cause serious injuries or death.

The responsibility of the manufacturers of drugs is to produce a safe product for the consumer to help increase their quality of life. Their obligation is to design, test, manufacture, and distribute their product properly. The manufacturers of these defective products can be held responsible if their defective medication makes it onto the market.

If you or a loved one has experienced personal injuries or death due to a defective drug, please contact personal injury attorney David Payne to discuss your options and legal rights.

Some recent defective drugs include, but are not limited to, the following:

•BEXTRA – This is a popular painkiller, also known as Valdecoxib, and it is used by millions of Americans to relieve symptoms of acute arthritis and painful menstrual cycles. Bextra may double the risk of heart deaths, heart attacks, and strokes.
•CELEBREX - The results of December 2004 study first showed and later studies confirmed the potential for heart attacks, strokes, and even death more than doubled when patients took Celebrex, or Celecoxib.
•CONCERTA – Concerta is a central nervous system stimulant that is commonly used to treat Attention Deficit Hyperactivity Disorder (ADHD) in young children, has recently been called into question after the FDA released data showing a link between ADHD medicatio use and a risk of sudden death.
•CRESTOR - Crestor, or Rosuvastatin, is a popular cholesterol-lowering drug. The drug poses a greater risk of renal (kidney) failure and serious adverse muscle effects. Patients taking Crestor have suffered from liver damage, kidney damage, and other organ failure. Some cases have even led to death.
•ELIDEL - Elidel was initially approved by the FDA in 2000 for use in adults and children two years of age and older. However, the FDA recently requested a label change for Elidel following a public health advisory warning of the potential risk for cancer.
•EPOGEN – Epogen, also known as epoetin alfa, is an anti-anemia drug used in treatment of patients who have had kidney failure or transplants. Epogen has been linked to deadly side effects in cancer and other patients that include heart failure, stroke, and even death.
•FOSAMAX – Fosamax is a drug that is used to increase bone density, reduce bone fractures, and prevent and/or treat osteoporosis. Fosamax, which is manufactured by Merck & Company, has recently been linked to cases of osteonecrosis of the jaw. This rare condition involves the loss, breakdown, or deterioration of the jaw bone, commonly leading to serious infection and fractures that require long-term care to correct. This condition is irreversible.
•HRT - PremPro and other hormone replacement therapies (HRT) increase incidents of breast cancer, heart attacks, and strokes.
•METHAZOLAMIDE - Methazolamide is a sulfa-based drug, manufactured by Wyeth-Ayerst, that is used to treat Glaucoma and various kinds of tremors. There have been numerous reports of people developing the rare skin disorder, Stevens Johnson Syndrome (SJS), after taking Methazolamide.
•ORTHO EVRA - Since the FDA's approval of the Ortho Evra birth control patch in April 2002, nearly 4 million American women have started using the alternative contraceptive. However, to date, there have been over 9,000 reports of adverse events following the use of the patch, including nearly 20 confirmed reports of death caused by blood clots, pulmonary embolisms, heart attacks, and strokes.
•PAXIL – Paxil, also known as Paroxetine HCL, is a drug commonly used for the treatment of depression, panic disorders, obsessive compulsive disorders, and social anxiety disorders. Paxil has been shown to increase the pulmonary birth defects in children of mothers taking Paxil during pregnancy. Paxil, despite the lack of FDA studies or approval for use in minors, was the second most prescribed antidepressant in the United States prior to a number of teenage suicides linked to the drug.
•PERMAX – Permax, or Pergolide, was recalled from the market in March 2007 after being prescribed to patients for nearly 20 years. Permax, a Parkinson’s disease treatment, causes heart valve damage in patients who are taking the drug.
•PROTOPIC - Protopic was originally approved by the FDA in 2000 for use by adults and children ages two years and older. However, the FDA recently requested a label change for Protopic following a public health advisory to healthcare professionals warning of the potential risk of cancer.
•RITALIN – Ritalin, methylphenidate hydrochloride, is a common medication used by millions of American children and adults to treat Attention Deficit Hyperactivity Disorder (ADHD). The safety of the drug has been called into serious question after the FDA released a report detailing 25 deaths and 54 serious cardiovascular problems as a result of methylphenidate use.
•SEROQUEL - Seroquel, an antipsychotic drug, includes many life-altering side effects including the movement disorder, neuroleptic malignant syndrome (NMS), and an increase in suicidal tendencies. Seroquel can cause death from heart failure or infection in elderly people suffering from dementia.
•TRASYLOL - Trasylol is used to prevent too much blood loss during heart surgery. A recent national study has found that the drug may be linked to serious complications involving kidney failure and heart problems. The study found that Trasylol increases the risk of heart failure and heart attack by nearly 55%.
•ZELNORM – Zelnorm, also known as tegaserod maleate, is prescribed for Irritable Bowel Syndrome and constipation. Zelnorm was recalled earlier this year after FDA regulators found an increase in strokes and heart attacks associated with this drug.
•ZICAM - Zicam is a popular over-the-counter homeopathic drug that is supposed to reduce the symptoms and duration of the common cold. The use of Zicam is now being linked to anosmia, which is a condition in which there is a total loss or impairment of the sense of smell and/or taste.

Why are so many of these dangerous prescription medications being prescribed at such an increasing rate? The U.S. Food and Drug Administration (FDA) are responsible for testing and approving these prescription drugs and they are beginning to come under increasing pressure in the past thirty years from drug-makers who want faster approvals for their drugs and a less stringent testing process.

The FDA has admitted that not all of a drug’s adverse reactions are documented by the time the drug hits the market. Also, the safety profiles for new drugs are never fully distinct because new drugs are studied in such a small and homogeneous patient populations. The final safety profile is figured after the drug is already being used by the public.

There is also the case of corporations putting their profits over the good of the people. The pharmaceutical industry is a huge, multi-billion dollar business with intense competition to constantly bringing news drugs to the market. Some companies have gone so far as to purposefully hide evidence from the FDA in order to get their drug approved.

This is completely unacceptable! The attorneys and staff at David Payne Law continually look to protect our clients from potentially harmful drugs and preserve their rights.

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

August 20, 2009

Ozarks Man Suffers Injuries Due To A Defective Tire/SUV Rollover Accident

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.

August 19, 2009

Clarence, MO Woman Endures Injuries in Semi-Truck Crash

A Missouri 18-wheeler accident leaves a Clarence girl with serious personal injuries.

Kelli A. Chittum was taken to Samaritan Hospital on the afternoon of June 30, 2009 after a 2005 Freightliner, driven by Bronius Steponavicius, 52, of Schiller Park, IL, rear-ended the 1994 Volvo she was in. Chittum was stopped in a construction zone, along with Howard W. McConnell, 89, of Leonard, MO, when Steponavicius hit her. This caused Chittum to then hit the rear of McConnell’s 2001 Mercury.

In this commerical trucking case, it is not clear why the negligent driver did not stop; it could have been a number of reasons:

•Bad weather
•Sleep Deprivation by the truck driver
•Use of drugs or alcohol by the driver
•Improper upkeep of the truck
•Malfunction of the truck’s brakes
•Improper loading
•Driver inattention

In a crash involving a 30-ton truck and a 3-ton car, the automobile never comes out on top. The occupants of the car are likely to sustain serious personal injury or wrongful death in accidents that involve 18-wheeler and large trucks.

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 lawyer, David Payne, who will help determine who should be held responsible.

Time is of the essence in cases such as these. Trucks involved in accidents may be fixed and return to the road promptly. As a result, critical evidence may be lost. This is why it is important to contact a Missouri 18-wheeler lawyer in a timely manner.

Lawsuits involving truck accidents often include a thorough investigation of facts surrounding the accident. This includes a review of inspection logs, compliance audits, truck driver logs, and other records that relate to previous accidents involving the truck driver in your case. David Payne Law, LLC will carefully review these facts to determine that the truck driver was to blame for your accident.

Missouri 18-wheeler accident lawyer, 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.

August 17, 2009

Jeep Cherokee Rollover Crash Leaves Woman Seriously Injured

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.

July 13, 2009

Bicycle & Truck Accident Results in Serious Injury

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.

July 10, 2009

Serious Personal Injury ~ SUV Rollover Accident Results From Jeep Liberty

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.


July 4, 2009

Rollover Accident Results In Serious Personal Injury ~ U.S. Highway 54 Near Nevada Site Of Crash Of Dodge Ram Pickup

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.

Recognizing the dangers of reckless driver, an ad campaign released the following video and aren't the lives of our children worth the money and time invested in keeping the well-advised of the ramifications of poor driving decisions?

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.

July 3, 2009

Missouri Resident Killed In Early Morning Crash ~ Negligent Driver Fell Asleep

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
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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.

August 1, 2008

Auto Insurance Bad Faith Case Hurts Allstate's Pocketbook

Missouri Appeals Court Upholds $16 Million Verdict Against Allstate

This is why everyone should seek the advice of an attorney following a wreck. No matter how obvious, no matter how painfully obvious, the insurance companies cannot be relied upon to treat all claims fairly.

In March 2000, Wayne Davis Jr. (insured by Allstate) got into his pickup while intoxicated, crossed the center line on U.S. 54 in Camden County and hit a compact car head-on.

The driver, Edward Johnson and his wife, Virginia, survived but both suffered life-threatening injuries. The force of the collision pushed the car back more than 100 feet. Virginia was hospitalized for 40 days and Edward for 35 days.

Their combined hospital bills totaled $320,000.

The Johnsons offered to settle for Davis’ minimal insurance policy limits of $50,000> Allstate Insurance Co. did not respond until six months later.

Now Allstate is paying dearly. On Tuesday, the Missouri Court of Appeals in Kansas City upheld a jury verdict against Allstate worth more than $16 million in damages.

After Allstate failed to settle, the Johnsons sued Davis. He consented to a judgment in their favor of more than $5 million — $2.5 million in actual damages, $1.5 million in punitive damages and more than $1 million in prejudgment interest.

The Johnsons, however, agreed not to execute on the judgment in return for Davis’ assignment to them of most of his claim against Allstate for its refusal to settle.

The couple and Davis then sued Allstate in Jackson County Circuit Court, alleging the insurer had acted in bad faith when it did not respond in a timely fashion to the Johnsons’ initial settlement offer.

Allstate claimed it lost the letter proposing the offer and responded late because it did not receive the Johnsons’ medical records, which it had sought to determine the extent of the Johnsons’ injuries.

The jury was unconvinced. On Nov. 8, 2006, it found that Allstate had acted in bad faith and unanimously awarded compensatory damages of $5.8 million plus 9 percent interest since the date of the judgment to the Johnsons. By a vote of 10-2, it also hit Allstate with $10.5 million in punitive damages.

Allstate appealed, and on Tuesday a three-judge panel of the Missouri Court of Appeals held that the evidence was sufficient to justify the verdict.

“Allstate’s failure to recognize the severity of the Johnsons’ injuries and the probability that the claim would far exceed Davis’s policy limits; its failure to investigate the claim and respond to the demand in accordance with insurance industry standards and its own good faith claim handling manual; and its failure to advise Davis of the demand, his likely exposure for an excess judgment, and his right to retain counsel, are all circumstances supporting a reasonable inference that Allstate’s refusal to settle was in bad faith,” Judge Paul Spinden wrote.

Although Allstate argued that it was unsure the crash had caused the Johnsons’ injuries, Kansas City lawyer Walter Simpson, testifying as an expert witness, pointed out that they had to be cut out of the wreckage, were flown by helicopter to the hospital and received intensive care.

“The fortunate thing is that this verdict obviously takes care of some people that badly need taking care of,” said Kansas City lawyer Kirk Presley, who represented Davis in the action against Allstate. “And I think, under the facts, this was the only appropriate result. This was a case where (Allstate) offered no evidence whatsoever, and I think it’s because they were in an indefensible position in how they treated this client.”

The appeals court’s decision comes just a few weeks after Allstate settled another bad faith case in Kansas City on undisclosed terms. In that case, Jackson County Circuit Judge Michael Manners fined Allstate $25,000 per day — a penalty that ultimately grew to more than $7 million — for failing to comply with a court order directing it to turn over internal documents concerning its claim handling procedures.

Manners last week agreed to expunge the fine after finding that Allstate eventually complied with the order. Allstate had blamed its attorney, whom it later fired, for failing to inform it of the order.

May 14, 2008

How To Find A Personal Injury Lawyer When You Live Outside Of Missouri ~ Springfield, Branson, Table Rock Lake, Shell Knob, Cassville

"David Payne is an attorney that will listen and give helpful advice to anyone injured in Missouri."

If you are from out-of-state and get injured in Missouri, finding a personal injury attorney in Missouri to help can be tough. By calling David A. Payne and reviewing the material on this blog and at mo-injurylaw.com, the task of finding and hiring an experienced lawyer can be easier than initially thought.

BRANSON MISSSOURI ~ TABLE ROCK LAKE AREA ~ ACCIDENTS & INJURIES

David Payne is experienced in most injury cases and will offer a free, no-obligation consultation to anyone injured in Missouri, whether in a car accident or other injury. Don't wait to call, if you have been injured the insurance companies are already working to build evidence to limit you recovery, if not deny you claim altogether.

In Missouri, there are hundreds of situations where negligence exists and the law allows for a financial recovery for those who have been injured.

There are too many instances and examples to list within the context of this blog. If you or a family member have been injured in Missouri, you need an experienced and zealous attorney to help evaluate your claim to see if you have a potential matter that will allow a money recovery for your losses.

Almost all property owners and business operators have liability insurance to cover injuries for which they are responsible. Liability insurance is a very broad insurance policy that will often apply for a number of instances and allows injured parties to recover for their damages. If you or a loved one has been injured as a result of someone else's negligence, please give me call today and let me help. Almost all cases I take are done on a No-Win, No-Fee basis. There will be no cost unless you recover.

You need help -- I have the experience and ability to help you recover in many different instances where negligence has resulted in injuries.

Please give me a call at (417) 847-7516 or contact me online and I will give you a free consultation and see if I can help.

I look forward to speaking from you.

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April 19, 2008

Bad Faith Insurance Claim Missouri - Personal Injury Lawyer

Most insurance claims are not handled in "bad faith." However, some claims are handled with
malice and many claims are often processed in an inappropriate manner. While the below case is not a Missouri case, it is a story that many Missouri citizens can identify with as a result of their own experiences with insurance adjusters and their own insurance companies.

David Payne is an experienced injury and insurance claims attorney who handles cases like this in Missouri. Contact a lawyer now for a free consultation.

The best way to handle insurance companies not willing to pay fairly is by hiring an experienced insurance and personal injury lawyer. By hiring a lawyer, the lawyer deals with making sure the insurance company treats you fairly.

A jury in Montana awarded a woman $5.3 million in damages earlier this month in the largest bad-faith insurance verdict in Montana history.

The jury of one man and six women ruled unanimously against Fireman's Fund Insurance Co., deciding that the California-based company acted in bad faith and breach of contract in denying her insurance claim. In January 2003, the 32 year-old plaintiff suffered permanent brain injurys in a head-on car collision. She was not at fault in the accident, and her damages far exceeded the amount of the other driver's insurance policy limit.


She, however, fortunately was covered under her family's insurance plan for a total of $1.5 million in underinsured motorist benefits and $15,000 in medical pay. Still, the company refused to pay out.

The verdict included $3.5 million in punitive damages, because the jury found the insurance company acted in malice, while the remaining $1.8 million was ordered for compensatory damages, for medical bills, loss of past and future earning capacity, physical pain and suffering, mental and emotional injury and loss of established course of life.

The plaintiff's attorney was quoted as saying, “this was a very intelligent jury and they weren't fooled by any of the usual official excuses, and they got mad.”

To make matter worse, the injured woman's medical bills were turned over to collections after Fireman's Insurance repeatedly refused to pay her medical expenses. The company's refusal to pay the medical bills resulted in delayed treatment and interfered with her medical treatment.

“It was a classic case of David and Goliath, where they are just trying to wear you out,” said the injured woman and she added, “I was completely overwhelmed and I'm really thankful to the jury for doing the right thing, and to my legal team for standing behind me. It has been a really long, long hard road.”

At trial, evidence showed that Fireman's Fund Insurance Co.'s net assets in 2004, the same year the injured woman's claim, exceeded $9.9 billion.

The case shows that the little guy can prevail thanks to our judicial system and that the scales of justice can get tipped back in balance.

April 8, 2008

Aurora Injury Law ~ Missouri Auto Insurance Attorney ~ Southwest Missouri

Monett Injury Law Cassville Auto Accident Attorney Republic Car Wreck Lawyer

David Payne is an attorney with experience that can help you if you have been injury!

Do I need an attorney to handle my personal injury claim?

You better believe the insurance company representing the person at fault for the accident will have a team of adjusters, investigators and attorneys working against you. The insurance company's goal: pay you as little as possible to settle your claim. If you have a serious personal injury case, you need a qualified Missouri personal injury attorney to ensure that you receive fair compensation.

Contact David Payne for a free and prompt consultation regarding your case.

The good news: according to studies conducted by insurance companies, individuals recover 2 1/2 times more for their auto accident case if they are represented by a qualified personal injury attorney. No matter how nice insurance adjusters may be treating you, they are paid to have one goal in mind: to pay you as little as possible. This is how the insurance company maximizes its profits: pay as little as possible.

Despite slogans such as "You're in Good Hands with Allstate" or "State Farm is There," an insurance adjuster, even one for your own insurance company, does not act in your best interest, nor are they required to behave as such. The insurance company's interests (keeping their money) are fundamentally at odds with accident victims (receiving insurance money for compensation).131473%2C1205587787%2C3.jpg


Insurance companies do not work for you in this adversarial system. If your injuries are significant, there are several reasons why you a good personal injury lawyer. A good lawyer will seek every area of damages that applies to your case, and find ways to support those damages with evidence and documentation that will be admissible in court and persuasive to a jury. The threat of trial (from YOUR lawyer) itself adds power to YOUR case and helps it settle.

PLEASE UNDERSTAND: the insurance company knows that it's almost impossible for an individual to take a serious injury case to trial without an attorney.

April 2, 2008

Cassville Accident Lawyer ~ UPDATE: Wal-Mart Drops Claim ~ Cassville, Monett, Aurora, Mt. Vernon, Table Rock Lake

David Payne ~ Insurance Claims Lawyer for Plaintiffs

This related story was previously posted on Missouri Injury Attorney Blog.

Oh, happy day ! POWER TO THE PEOPLE! Score one for the good guy! Bad press and public pressure influenced the "right" decision being made...compassion is wonderfully applied by THE corporate giant.

"David A. Payne is an experience injury attorney in Cassville taking serious injury cases."

Wal-Mart has dropped their lawsuit against their disabled former employee Debbie Shank. Wal-Mart was trying to recover hundreds of thousands of dollars from the Jackson, Missouri women's trust it had put into her health insurance trust plan for her care claiming rights to the money under a subrogation provision.

Wal-Mart stated they paid out for the benefit of their employee over $470,000 in medical expenses, and was seeking to get it all back.

The retail giant won in court, including exhausting all appeals, against the Shank family, and was set to collect the money.

After intense negative public pressure (including the all powerful Missouri Injury Attorney Blog), Debbie Shank’s story gained great national publicity, turning into a public relations nightmare for the retail giant.

Wal-Mart has just now sent Jim and Debbie Shank a letter stating they will not collect the money it had won in a lawsuit.

Shank put out a statement saying “It wasn’t me who made this happen, it was the outcry of the people, and if there’s a lesson in this story, it’s that we the people still means something.”

Oh, a feel good story-finally!

March 26, 2008

Missouri Insurance Claims Lawyer: State Farm's Profit Not Excessive

MISSOURI PERSONAL INJURY LAWYER

David A. Payne--Serving Cassville, Monett, Aurora, Mt. Vernon, Republic, Springfield and all towns and counties in Southwest Missouri.

Do I consider State Farm’s yearly profit excessive? No. Well, shouldn't I, am I not an attorney fighting for the little guy? In 2006 their reported profits were $5.6 BILLION!!! Does that change my mind? Nope.

And why should I, or anyone else for that matter, care about their profits? I care about what aspects of this whole circus I can control. Should I care about the manner in which they receive their profits, the manner in which they do business, how fairly they treat claims? ABSOLUTELY!! But if their manner is fair, if they treat claims properly, then I applaud their profit. But, what is "the rest of the story?" Our judicial system allows for good attorneys to get good results.
Missouri plaintiffs’ personal injury lawyers and many from around the U.S. complain about State Farm’s profits surging to $5.6 billion in 2006 — up from $3.2 billion in 2005. State Farm’s CEO received a $5.26 million dollar pay raise last year and is now earning $11.66 million. DPP_0317.jpg
Implicit in complaints from plaintiff's lawyers is the idea that State Farm’s low-ball offers and hardball tactics are the reason why their profits are so high and their CEO is overpaid.

I think it is misplaced to expend energy complaining about hardball tactics of the insurance industry. Other than cases were insurance companies are dealing with their own insured, insurance companies should be trying to do whatever they ethically can to decrease payouts. Conversely, it is the job of personal injury and insurance claims attorneys job to do the opposite. As attorneys for the injured are we simply hoping for fair offers? Are we not are trying to get as much as we possibly can for our clients? Are we not ethically required to do so?

We have an adversarial judicial and settlement system that has been in place for a few hundred years and I think it works. It is clearly not a perfect system, it is just the best system and I understand that the system has its own degree of cyclical change.

State Farm and other insurance companies are going to play tough and I would suggest that they have a moral obligation to be good stewards of their money. However, if Missouri personal injury lawyers hold up their end of the bargain and fight, fight, fight, the system will work just fine.

March 21, 2008

Missouri Car & Auto Insurance: Allstate Forced To Reduce Rates

David Payne is an experienced insurance and auto accident lawyer serving the Ozarks!

What happens elsewhere in the U.S. can and does have a profound effect on what car insurance will cost in Missouri. A recent conflict concluded with the powerful Allstate to cut California auto insurance rates 15.9%. A Insurance Commissioner ordered Allstate to reduce prices more steeply than the company had wanted.

Allstate, which covers about 1 of every 10 insured cars in California and also many in Missouri, has been ordered to cut its automobile rates by 15.9% -- an average of $124 per car.

While this is not a Missouri case it will have some eventual effect on Missouri insurance rates, this what happened in one Insurance matter.

Years of experience as an injury attorney in Missouri has led me to believe that a constant battle goes on to make sure Insurance companies treat people fairly and within the framework of the law. gainesville11-17-06%2520127.jpg
This case will only help Ozarkers and Missouri residents by keeping rates from rising simply at the whim of corporate greed.

Insurance consumers deserve a competitive marketplace in which to shop for the best rates and coverage that meets their needs.

Allstate's reduction is the latest in a series of rate cuts by dozens of automobile insurance companies since 2006. After losing a protracted court challenge, the insurance industry began complying with regulators' requirements.15369303.jpg

Allstate had requested permission to lower its rates by 7.1% as part of the settlement process. The department's rate-setting formula calculated a 19.4% reduction was needed.

Allstate contends that it is being unfairly treated in being forced to cut rates by a larger number than other insurance companies.

Score another one for the good guys.


March 11, 2008

Missouri Car Accident: Branson, Taney County, Missouri--Broadside Wreck

"Branson Injury Attorney--David Payne-Experience and Power"

AUTO ACCIDENT LAWYER FOR SOUTHWEST MISSOURI

On March 2, 2008 in Taney County, Missouri, Jackie Clark and Marray Muraskin were drivers involved in a serious car accident on U.S. Highway 65 south of Branson. Per the accounts of the Missouri State Highway Patrol, the accident happened as Muraskin was attempting to cross the 4-lane highway.

The MSHP listed the injuries to Marray Muraskin and his passenger, Margaret Muraskin, as serious. Both were taken to hospitals in Springfield, Missouri.

Carolyn Taylor was the passenger in the vehicle driven by Jackie Clark and was transported from the scene to Skaggs Hospital in Branson with injuries classified as minor.

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My law office, Cardin & Payne, handles car wrecks and insurance claims and offers anyone who has an insurance claim a free, no obligation consultation. Contact me to speak with an experienced insurance claim lawyer today.

March 2, 2008

Missouri Auto Insurance Claim: How does it work?

"David A. Payne is dedicated to protecting the rights of injured Southwest Missourians"

EXPERIENCED PERSONAL INJURY LAWYER Call now for a free, no-obligation phone call with David Payne.

The entire process is summed up in one word: documentation! An experienced personal injury lawyer will make sure the documentation reviewed by the insurance adjuster will be credible and fully justify the money sought for settlement.

Whether you handle the claim yourself or by hiring a lawyer, the insurance company is only going to pay based upon what documentation is in their file. Documentation is the insurance companies' way of saying "prove it." An injured person teamed with an experienced personal injury attorney then must begin the process of "proving" the claim.

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First, to document the other driver's fault (their insured driver's fault), you'll need documents such as: police & highway patrol accident reports, photo's of the scene & cars, statements from witnesses, etc.

Second, to document your money loss, you'll need documents such as: certified medical bills, certified medical records, employment/income records for lost wages, etc.

Once all documentation is provided, the claimant asks the insurance company to pay based upon what documentation has been provided. This is done through a statement of Demand for Payment. If the insurance adjuster fairly responds the case may be settled at this stage.

After weeks of review, the insurance company responds with a specific Offer of Settlement. Then the claimant responds with either an acceptance or, almost always, a counter Demand for Payment--additional documentation can be supplied by the claimant at any time.

The insurance adjuster will usually increase the offer to the point where they declare a final offer, but if an offer is never accepted by the claimant, then a lawsuit is the only way to resolve the conflict. While the initial claims process often comes before a lawsuit is filed, not always. Many times, a lawsuit is filed with our prior negotiations.

With a lawsuit, the documentation takes the form of pleadings, discovery responses, depositions, trial exhibits, and trial testimony.

February 29, 2008

Missouri Insurance Claim: Why hire a personal injury lawyer?

Simply answered: a personal injury attorney will look out for YOUR best interest. Insurance claims adjusters settle cases bases on doing what is best for the insurnance company that signs their pay check. Believe it--claims adjusters are highly trained at minimizing their company's risk and eventual ultimate exposure.

An injuried person needs an attorney to handle the often grueling claims process and produce the vast documentation involved in personal injury and car accident claims. A skilled attorney serves not only as an advocate, but of equal importance is the role a lawyer plays as counselor.

I frequently represent injured people and help them deal with the insurnance companies in Missouri and other states.