A 1999 Kenworth truck was involved in a head-on tractor trailer crash with a 2000 Ford F-150.  The 33 year-old driver of the Kenworth was not injured.  However, a passenger in the Ford F-150 sustained serious injury according to the Missouri Highway Patrol.  Apparently both vehicles were traveling towards each other on Long Lake Road when they collided and ended up resting in a ditch near 10 Highway.  Both vehicles were completely damaged.

No report has been issued as of yet on why the two vehicles crashed into each other.  In any truck crash or automobile crash, it is critical to obtain witness information at the scene so that witnesses may be contacted for statements.  Without witness statements, the occurence becomes a "he said, she said" situation where fault may not be easily determined.  Victims involved in these types of crashes should NOT give the defendant's insurance company a recorded statement. 

In the event of a head-on collision, the attorneys at Schultz Legal Group often retain accident reconstructionist experts to assist in determining the cause of the crash itself.  After all, police departments often do not initiate a reconstruction unless fatalities are involved.  Accident reconstruction experts are expensive, especially good ones with a solid amount of experience.  Our law firm will hire these and other experts on our clients behalf, and only charge fees if we are able to collect money for our clients.  If you have been injured in a head-on truck crash or automobile collision, call St. Louis injury attorney Stephen Schultz for a case evaluation.  Our attorneys may be reached at (314) 448-0934, by email, or by completion of the online case contact form.  Remember, don't be victimized twice!

Missouri Highway Patrol Troop "H" responded to a grim scene this afternoon when the driver of a 1996 minivan crossed the center line of traffic and struck another vehicle head on.  The driver of the minivan was pronounced dead at the scene.  The driver and occupant of the car that was struck head on sustained serious injury.  Troopers are still investigating the cause of why the driver of the minivan crossed the center lane of northbound Missouri route 148.

The driver and occupant of the vehicle struck by the driver of the minivan have claims against the deceased driver's insurance company, perhaps even the decedent's estate.  These types of cases can be tricky.  First, you have a defendant that is no longer alive, and second, in certain cases the injured persons must open an estate for the defendant in order to initiate a claim.  The courts will often appoint a defendant "ad litem" to represent the estate of the deceased driver.

Wrongful death claims and claims against a deceased car driver are cases the attorneys at Schultz Legal Group handle frequently.  We are intimately familiar with the Missouri Wrongful Death Statute as well as the procedural issues involved when there exists a claim against a deceased defendant.  St. Louis injury lawyer Stephen Schultz is available at (314) 448-0934 or by email to discuss your claim 7 days a week.  Our attorneys work weekends!

A car crash involving four vehicles took place late Friday afternoon in Dallas County Missouri.  Missouri State Highway Patrol reports that a 2000 Ford pickup truck driving southbound on US Highway 65 failed to stop in traffic and struck the back of a Chevrolet, causing a chain reaction of collisions with 3 other vehicles.  The driver of the truck sustained no personal injuries.  The drivers and passengers of the other vehicles were not so lucky.

Injuries sustained by the five persons injured ranged from moderate to serious.  All injured parties were taken by ambulance to St. John's Hospital in Springfield Missouri for treatment.  The Missouri State trooper and Dallas County Sheriffs Office report that all cars were insured. 

This type of crash scenario is quite common.  You are sitting at a stop light and someone isn't paying attention and crashes into the car behind you, which in turn crashes into your car.  The important thing to keep in mind that if the person behind you was injured and if you were also injured, then the both of you will be looking to the same person's car insurance coverage for compensation.  That means that if the person who caused the crash only had minimum liability coverage, ALL injured parties will only get a pro-rata share of the minimum policy.  If you haven't already done so, it is critical to contact an experienced Missouri car accident lawyer to represent you in obtaining that pro-rata share.  After all, the other injured persons may have a lawyer on their side, negotiating for a large share of the policy.  Shouldn't you have someone on your side, protecting YOUR interests?

Call St. Louis Accident Attorney Stephen Schultz for a free case evaluation today and get our lawyers on your side.  We can be reached at (314) 448-0934, by email, or by completing the case contact form available at www.schultzlegalgroup.com. Remember, don't be victimized twice!

The Missouri State Highway Patrol issued the report of a trucking accident injury today in Jefferson County Missouri.  The crash occurred as the driver of a Ford F-150 pickup truck was attempting to merge onto Missouri Interstate Highway 55 and failed to yield to a Frieghtliner tractor trailer.  Police report that the pickup truck struck the large rig, causing the pickup to then collide into a guardrail.  The passenger in the pickup truck was seriously injured and taken by ambulance to St. Anthony's Hospital. 

Everyone has been in a similar position.  You're entering the highway, attempting to merge into traffic and the large tractor-trailer is getting bigger and bigger in your side mirror.  These big rigs are obligated to either switch lanes or slow down to accommodate the safe merger of traffic entering the highway.  The facts of today's crash are unclear as to whether the tractor-trailer did what it was supposed to in allowing for the merger of the F-150.  It also remains uncertain whether their will be a reconstruction initiated by the Missouri State Highway Patrol.

It is important to take great care when attempting to merge onto a highway, especially if you see tractor-trailers quickly approaching.  If you have been involved in a truck crash and are injured, contact St. Louis trucking accident attorney Stephen Schultz to determine where fault should be apportioned and how to obtain fair compensation for your injuries.  Visit our Truck Crash Help Center at the Schultz Legal Group injury website for additional helpful information on this topic. 

Missouri Lawyers Weekly recently discussed the importance of tight regulation of the commercial trucking industry.  In Missouri alone, the Federal Motor Carrier Safety Administration (FMCSA) reports that there were 142 truck accidents in 2005 which resulted in fatalities.  Nationally there were over 4,732 commercial 'tractor-trailers' involved in fatal crashes.

The trucking industry is regulated by a combination of regulatory authority.  At the top is the FMCSA. which promulgates rules and regulations for trucking companies and their drivers to operate within.  For example, the "hours of service" rule requires that a truck driver not operate his rig over 11 consecutive hours following 10 hours off duty.  This rule is designed to prevent driver fatigue, which ultimatly caused 13% of fatal truck crashes in 2000.  The leading cause of fatal truck crashes involves the use of prescription medication. 

Truck accident cases often involve serious infractions of the rules and regulations set forth by the Federal Motor Carrier Safety Regulations.  If victim to a truck crash, the personal injuries are often catastrophic.  It is very important to retain an attorney who is experienced in handling truck crash cases.  The laws are complicated and the trucking companies are well-funded.  Visit Schultz Legal Group to read more about how trucking accident cases are completely different from automobile crashes and contact a Missouri Truck Crash Injury Lawyer to discuss your case!   

MSN Money recently discussed the various forms of exposure to risk associated with owning a dog with dangerous propensities.  The discussion was triggered following a dog bite case involving a woman who had her nose bitten off by a neighbor's American Bulldog.  The owner of the Bulldog was sentenced to 4 months in jail and was served with a civil lawsuit by the victim.  The case eventually settled for $1 million dollars.  What everyday person has $1 million dollars in cash to pay a settlement like that?  Good question!

Depending upon the facts of the case, an owner's homeowners insurance policy may be implicated when a dog bite occurs on the property.  However, many insurers are excluding certain breeds from coverage, including Pit Bulls, Akitas, Dobermans, and Chows. Dog bite claims are some of the most graphic cases personal injury lawyers are faced with.  Often times there is permanent disfigurement and the victim may even be exposed to rabies.  Many people may recall the tragic San Francisco case where a young woman was attacked near the front door of her apartment by two dogs.  A wrongful death claim was filed against the two attorneys who owned the dogs.

Dog bite laws in Missouri implicate Negligence, Negligence Per Se, Premises Liability, and Strict Liability legal principles.  Its is important to contact an experienced St. Louis Dog Bite Lawyer who understands how each legal principle applies to your case.  If you have been injured by a dog bite, contact our lawyers immediately at (314) 448-0934 or by completing the online case contact form.  The original MSN Money article can be found by visiting MSN.com. 

 

The 17-year old driver of a Ford Taurus caused a major automobile accident in New Madrid Missouri this evening, resulting in serious personal injuries to several motorists. The crash occurred on Highway 25 in New Madrid County.  Authorities report that the driver of the Ford Taurus failed to yield and pulled directly into the path of a Chevy Impala being driven by 60 year-old Jannie Beasley.  The driver and occupants of the Ford Taurus were seriously injured, two of which were taken by AIR EVAC to St. Francis Hospital in Cape Girardeau.  The driver of the Chevy Impala sustained serious injuries and was rushed by ambulance to Dexter Memorial Hospital.

Everyone involved in this car crash is a victim.  However, the persons who can recover damages are likely limited to the two occupants of the Ford Taurus (Brittany Cantrell & Lexi Vincent) and the driver of the Chevy Impala (Jannie Beasley).  Failing to yield to other vehicles is a direct violation of section 304.351 and 300.280 of the Missouri Revised Statutes.  Failure to obey the Missouri Statutory "rules of the road" may result in negligence per se. Statistics show that drivers under the age of 21 are more likely to be found negligent per se than those above age 21 due to inattentive driving habits.  In this car crash, the Missouri Highway Patrol is still determining what citations to issue to the driver of the Ford Taurus who failed to yield.

Were you injured by a driver who you feel was negligent per se in the operation of his/her vehicle?  Call me personally to discuss the facts of your case and the appropriate theories of recovery.  Our St. Louis automobile accident lawyers are available anytime at (314) 448-0934 or by email.  Injury victims may also complete our case contact form for an online case evaluation.    

   

School is back in session, which means more children will be entering and exiting school buses until Christmas break.  While parents do their best to educate children on school bus safety, it is up to motorists to remember that kids will be kids.  Local law enforcement has reported increases in citations issued to drivers who speed through school zones. Speed limits in school zones range from 15-25 mph depending upon the time of day and level of education.

Speeding in a school zone or failing to stop for a loading school bus and causing an accident can result in the operator being found negligent per se.  This legal doctrine means that there will be a "presumption of negligence (civil liability)" because the defendant was in violation of a state statute or ordinance. For example, section 304.050 of the Missouri Revised Statutes requires that drivers stop for school buses when they are loading or unloading riders. If a driver violates section 304.040 and causes a car accident with a child, the driver will be held negligent per se for the resulting personal injuries or death caused to the victim.

If your child has fallen victim to a negligent car driver, contact St. Louis Injury Lawyer Stephen Schultz for a case consultation. Schultz Legal Group understands the bereavement that results when a child is injured. We have advanced countless cases involving the injury or death caused to a loved one and are especially compassionate in advocating for these young victims. 

   

U.S. Secretary of Transportation Mary Peters reported that most states have seen a significant decline in the number of drunk driving-related fatalities this year from last.  Secretary Peters attributes the decline to increased enforcement of DUI stops and random checkpoints.  In 2007, an estimated 12,998 people were fatally injured in automobile accidents where the operator had a .08 or higher B.A.C. (blood alcohol level), compared with 13,491 in 2006.  

Despite a decline in drunk driving-related automobile crashes, Secretary Peters noted an increase in the number of fatalities when alcohol was involved in a motorcycle crash.  Over 25 states reported an increase in the number of drunk motorcycle riders involved in a fatal crash.  The ability to safely operate a motorcycle drastically decreases with just one drink.  This 2007 statistical report may be found at http://www-nrd.nhtsa.dot.gov/Pubs/811016.PDF. 

When the operator of an automobile is intoxicated, he/she is considered negligence per se, meaning that due to that operator's violation of the law he/she is presumably negligent.  If you have been the victim of a crash involving a driver who was intoxicated, call St. Louis Automobile Accident Attorney Stephen Schultz for a free case consultation.  Our attorneys have no tolerance for those who choose to operate a car while intoxicated.  We have seen first hand the serious injury and death that can be caused by a drunk driver. Contact us toll-free at (866) 840-3636, locally at (314) 448-0934, or simply complete the online case evaluation form located at our informative Missouri personal injury victim website.

A young Seymour Missouri boy was injured this past weekend in a Pit Bull dog attack.  The boy's father claims that his son was playing in front of the family's home when he was called next door to visit a neighbor.  Upon entering the neighbor's property the boy was attacked by a pit bull.  The boy was rushed to Cox hospital in Springfield Missouri where trauma surgeons stitched up the deep lacerations in the boy's face with over 15 sutures.  Doctor's claim that the injuries to the boy's face will result in permanent scaring.

Animal attacks involving the Pit Bull breed are a growing problem in the State of Missouri.
The laws in Missouri that provide for recovery to those injured in animal attacks involve negligence, negligence per se, premises liability, and strict liability legal principles, as well as local leash law ordinances.  The standard in Missouri is 'whether the owner knew, or should have known, of the animal's dangerous propensities."  It is important to note that despite common belief, the animal laws in Missouri do NOT allow for "one free bite" before an owner is held liable for the personal injuries its animal causes to third persons.

Dangerous propensities can be proven with evidence of:

• lunging at humans
• growling
  
• nipping
• previous attacks on other animals
• aggressive disposition when humans are within close proximity
• aggressive barking
  

Given the interplay between several Missouri legal principals invoked by this type of personal injury, it is important for anyone injured in an animal attack to contact St. Louis Injury Attorney Stephen Schultz for a free consultation.  He understands what it takes to beat the standard in Missouri and obtain fair compensation for his clients who are injured by a dog bite.  Stephen Schultz and his Missouri injury lawyers can be reached at (314) 448-0934 or toll-free at (866) 840-3636, by email at stephen@schultzlegalgroup.com, or by the completion of our online case contact form.    

The Missouri Highway Patrol reported that six motorists were fatally injured over the recent Labor Day Weekend, which was down from the 14 fatalities reported over the same weekend last year.  Police don't say what contributed to the 60% decrease in fatal crashes although one could speculate that due to the increase in gas prices, fewer motorists traveled over this year's Labor Day weekend.  The Missouri Highway Patrol responded to a total of 257 traffic crashes over the weekend, of which 128 resulted in personal injuries.   

One of the reported fatalities involved a young man who was thrown from his Yamaha four-wheeler.  Two of the other fatalities involved a motorcycle crash in which a car unexpectedly pulled out in front of the motorcycle, causing the two riders to be ejected.  Both riders were rushed to St. John's Hospital in Springfield Missouri, where they soon died.  As expected, the driver of the car walked away uninjured.

Motorcycle and four-wheeler crashes regularly result in catastrophic or fatal injury to the riders.  When facing off against a car or truck, riders have little chance to walk away with just scratches.  St. Louis accident lawyer Stephen Schultz is a motorcycle enthusiast himself and appreciates the dangers faced on the open road.  If you are injured in a four-wheeler or motorcycle crash, call our experienced Missouri injury attorneys at (314) 448-0934 for an immediate consultation.  Also remember that even though motorcycles are sometimes harder to see than cars and trucks, ALL motorists have a duty of care to remain attentive for these types of vehicles pursuant to the Missouri Statutory Rules of the Road. 

St. Louis Wrongful Death Lawyer Stephen Schultz recently obtained court approval of a pre-trial settlement in the tragic case involving an 18-month old boy who was shaken to death in May 2007 by a Florissant Missouri home daycare provider.  Schultz filed a wrongful death lawsuit in early 2008 on behalf of the parents of the young boy, charging the defendants with various counts of negligence, assault, and battery.  The exact terms of the final agreement are confidential, but the end result was settlement for the full policy limits of homeowners insurance available to the defendants. 

The case itself received both local and national media attention.  The story was initially covered by KMOV television.  Print and streaming video coverage of the incident can be found by visiting KMOV's "Top Story" webpage. The defendant, Leslie Pollard, has pending criminal charges and is currently awaiting a trial.

Missouri's Wrongful Death Statute, Section 537.080 allows for the surviving blood relatives to file a wrongful death lawsuit depending on the statutory "class of persons" they fall within.  To be a class one (or tier one) representative entitled to file a wrongful death claim, the claimant must be a "a spouse or children or the surviving lineal descendants of any deceased children, natural or adopted, legitimate or illegitimate, or a father or mother of the deceased, natural or adoptive."

Even if a Wrongful Death Lawsuit is not filed, any settlements received as a result of the death itself must be approved by a Missouri court.  The persons entitled to sue and the damages recoverable are very particular, which is why anyone faced with the loss of a loved one should contact a Missouri injury lawyer immediately for competent legal advice.  The situation is obviously very sensitive, which is why St. Louis Wrongful Death Lawyer Stephen Schultz is especially compassionate in the handling of these types of cases.  You may reach him directly at (314) 448-0934 or by email at stephen@schultzlegalgroup.com.  

Early this morning a young man driving eastbound on Missouri Interstate Highway 70 in Cooper County was struck head-on by a tractor-trailer driving westbound.  The responding authorities were Missouri State Highway Patrol officers from Troop I.  The reporting officers have indicated that both the truck and the Taurus sustained total damage.  The driver of the Taurus was transported by ambulance to the University Hospital trauma center in Columbia Missouri where it he is being treated for severe personal injuries from the collision.

Under Missouri Trucking laws, drivers of these big rigs must exercise reasonable care in the operation of their trucks.  Most tractor trailers weight 80,000 pounds or more and when they come into contact with automobiles, the devastation to both property and person is catastrophic.  The Federal Motor Carrier Safety Regulations, as adopted by Missouri statute and law, dictates the stringent guidelines that truckers must follow.

If you have been injured in a trucking accident, email me at stephen@schultzlegalgroup to personally discuss the aspects of your injury claim.  Truck crash cases are inherently complicated and involve aspects of both federal and state statutory authority, which is why it is critical to speak with an experienced trucking accident lawyer at our firm.  You may also reach a live attorney at any time by calling us toll-free at (866) 840-3636 or (314) 448-0934.  Additional trucking accident legal information can be found at my informative Missouri personal injury website, www.schultzlegalgroup.com.