A St. Louis County Jury awarded $13.8 million and $4.2 million against a truck driver and trucking company that were legally responsible for the catastrophic tractor-trailer crash that took place last year in St. Louis.  The truck crash happened on highway 40 near Mason Road in St. Louis County, and resulted in serious personal injury and wrongful death claims.  The Honorable Judge David Noce ordered that the full verdict be paid by Holmes Transport and Jeffrey D. Knight for causing this fatal truck crash.  It was discovered that the truck driver was paying attention to his cell phone and not the highway when the truck smashed into numerous passenger vehicles.

Driving while texting,emailing, or even talking on a cell phone can have catastrophic results.  It can lead to the serious personal injury and/or death of other motorists.  What about the driver who was negligent?  Well, just as in this case, the driver can be both criminally and civilly liable to the State and injury victims, as well as the surviving family members who lost a loved one.  Criminal liabilty can include involuntary manslaughter and assualt.  Civil liability can include claims of negligence, negligence per se, negligent hiring/training/retention, and wrongful death. 

Don't be victimized twice.  Contact a St. Louis truck accident lawyer if you have been injured by a distracted driver and/or careless commercial trucking company.

It is a shame.  The Missouri Legislature has done everything possible to deter victims of Missouri medical malpractice from filing injury and wrongful death claims against negligent doctors and the hospitals that employ them.  So far, the legislature has placed a 'damages cap' of $350,000 for non-economic damages on any medical malpractice claim filed after 2005.  They have also limited the amount of punitive damages that are recoverable, even against the most grossly negligent doctors and hospitals in this state.  The legislature's reasoning: increasing medical malpractice insurance premiums. 

THIS MAKES NO SENSE!  The National Practitioner Data Bank (NPDB) just published research that for the third straight year, claims of medical malpractice have decreased.  Even more relevant to thwarting the Missouri legislature's rationale for limiting claims is that the NPDB claims that in 2008, malpractice insurance premiums were 30.7% lower than all previous years.  Actually, malpractice insurance premiums were the lowest on record for 2008. 

Studies show that between 3 and 7 citizens die as a direct result of medical negligence for each person for recieves any type of compensation from a medical malpractice claim.  That sickens me.  If you suspect that you or a loved one has been the victim of medical negligence, contact a Missouri Medical Malpractice Lawyer at Schultz Legal Group for a consultation.  Be careful not to wait too long, as the statute of limitations in Missouri for medical malpractice are very short.  If you don't file your injury claim in the appropriate court within this short timeframe, your claim may forever be barred.

Authorities report that a semi-truck may have been driving too fast through a construction zone in St. Robert Missouri, resulting in a rear-end car crash and multiple car pile-up.  The tractor trailer was being operated by Dennis Glenn of Garfield.  The large truck was following a small Toyota when they came upon a construction zone, reducing the posted speed limit on Highway 44 significantly.  Numerous motorists sustained serious personal injuries as a result of this St. Robert tractor-trailer crash.  Some injury victims were transported to St. Johns Hospital in Springfield, while other victims were transported to Fort Leonard Wood hospital.

Was this trucker driving too fast for road conditions?  A rear-end tractor-trailer crash in a posted construction zone certainly begs this question.  However, the investigation continues by authorities as to all the contributing circumstances to the cause of the truck crash.  Injury victims of this serious semi-truck crash should contact a St. Robert Truck Accident Injury Lawyer immediately so that a private investigation team can be dispatched on their behalf.  In order to preserve a personal injury claim, it is critical to have the evidence necessary to prove negligence and perhaps conscious disregard.

Sometimes truck drivers are not solely to blame for a Missouri big rig accident.  On occasion a Missouri injury lawyer will find that the commercial trucking company that hired the trucker was equally at fault for the crash.  Some trucking companies are completely profit-driven and have little to no concern for the safety of others in smaller passenger vehicles on Missouri's roadways.  These negligent trucking companies are known to pressure their drivers to operate their rigs 'over the hours' of service as allotted by the Federal Motor Carrier Safety Administration.  Don't be victimized twice.  Protect your legal interests by contacting a skilled Schultz Legal Group truck crash injury lawyer immediately. 

Takeda Pharmaceutical is the manufacturer of the powerful drug Avandia, which has come under strict scrutiny lately for serious side effects.  On July 9, 2009 the Food & Drug Administration issued a finding that Avandia causes a 40% increase in bone fractures for those using the drug.  Even more alarming is that there is a suspected link between Avandia and heart attack, congestive heart failure, and even death.  Expect Avandia class action lawsuits to be filed shortly throughout the United States.

Do you have an Avandia product defect claim?  Can you be a plaintiff in the Avandia Class Action Lawsuit?  These are all questions that can be answered by a Missouri Avandia Drug Recall Lawyer.  Drug recall and drug defect claims are components of a products liability lawsuit.  In certain situations, Avandia injury victims or their surviving family members can become a co-plaintiff in an Avandia class action lawsuit.  In other instances, the Avandia injury vicitm can file his/her own seperate claim against the manufacturer and/or distributor of the defective drug.

The are pros and cons to becoming a co-plaintiff in a class action lawsuit as opposed to filing your own Missouri Avandia injury claim.  Victims should consult with an experienced product defect lawyer to address these differences.  Depending upon the types of injuries, and other vairous factors, it may be disireable to file a seperate, single action against the negligent manufacturer.  Don't let a large company get away with placing a defective product into the stream of commerce without legal recourse!

A young man from Dudley was fatally struck by a tractor-trailer in Sikeston Missouri early in the morning.  Robert Deveau was walking along Highway 60 in Sikeston Missouri when a 2007 Freightliner tractor-trailer clipped Mr. Deveau, resulting in the untimely death of this young man.  The truck driver, Larry Teague, was not injured in this fatal Sikeston tractor-trailer accident.  Unfortunately, this fatal incident leaves unanswered questions.  For instance, was this truck driver operating the tractor-trailer within the Hours of Service (HOS) allotted by the Federal Motor Carrier Safety Administration?  What this driver fatigued or not paying adequate attention to objects along the side of the highway? 

It is absolutely critical in ANY accident involving a tractor-trailer that evidence be collected and preserved at the scene or very shortly thereafter.  Evidence such as the Freightliner's electronic control module (ECM) and electronic commincation system (QUALCOMM) must be protected before any of this vital evidence is tampered with or manipulated.  Unfortunately for the survivors of the victim, the commercial trucking company and its insurance company will be working hard to obtain any and all evidence possible, usually before authorities even secure the items.  Their immediate response team will be working hard to mitigate any future wrongful death claim that may likely be filed by Mr. Deveau's surviving family members.

The Missouri wrongful death statute (Section 537.080) allows for recovery on behalf of certain classes of surviving family members.  However, a Missouri claim for wrongful death may not be viable unless evidence from the scene and tractor-trailer is sought out and preserved by a competent tractor-trailer accident lawyer.  Contact a Sikeston Tractor-Trailer Wrongful Death Lawyer to discuss the merits of your serious injury and/or a loved one's wrongful death claim.  Don't be victimized twice!

Motorcycle rider Roger Whisenant was killed in a serious fatal motorcycle crash when a truck struck him from behind and fled the scene of the crime immediately thereafter.  Curtis Henderson was charged with second-degree murder and driving while on a suspended license for the fatal motorcycle crash that he caused on yesterday.  The police department has taken statements from witnesses that portray Henderson as "trying to beat traffic" just immediately prior to impact with Whisenant's motorcycle. 

A criminal background check on Henderson resulted in hits for three previous convictions resulting from driving under the influence of alcohol.  To be convicted for DUI in Missouri, a driver must have a blood alcohol content (BAC) level of .08 or higher. Three convictions in the state of Missouri typically results in a 10 year suspension of your drivers license, without opportunity even for a hardship license.

Surviving victims of fatal motorcycle accidents have a right of recovery.  The Missouri wrongful death statute allows certain classes of surviving family members to file a wrongful death claim in Missouri courts following the death of a loved one.  Take note however, if criminal charges are pending, the civil wrongful death claim may be temporarily interrupted by the fact that defendant has a 5th amendment right to remain silent to avoid self-incrimination in the civil case.  To find out more about how this works, contact a competent Missouri Wrongful Death Lawyer who understands how to proceed with a death claim during the criminal proceedings.  Don't be victimized twice.   

The Federal Motor Carrier Safety Administration set strict regulations that commercial motor carriers and their truck drivers must follow closely.  Commercial motor carriers (ie: trucking companies) must thoroughly and carefully qualify all new truck drivers that they hire.  This includes employees AND independent contractors that are hired by the trucking companies to haul loads.  Truck driver qualifications include a road test, criminal background check, medical examination, prior employment verification, and CDL (commercial drivers license) violations background check.  Potential new hires that do not meet the strict qualification requirements must be denied employment.  However, due to a shortage of qualified commercial truck drivers, trucking companies are turning a blind eye and placing unqualified, even dangerous, drivers on our roadways.

The Department of Transportation medical examination must be conducted by a licensed physician prior to being placed on the road by a new employer.  Another problem with some of today's truckers is that many of them are older drivers who have high blood pressure, heart disease, and other common degenerative ailments.  These types of degenerative ailments create potential hazards when not treated with proper prescription medication.  When taken behind the wheel, some of these prescription drugs can caused drowziness, fatigue, and jitters.  The Federal Motor Carrier Safety Administration recently published a report addressing this issue and cited it as one of the common causes of serious tractor-trailer accidents, resulting in personal injuries and/or wrongful death.

The Missouri Semi-Truck Accident Lawyers at Schultz Legal Group represent the victims of serious tractor-trailer accidents.  Our Missouri injury attorneys find that, more ofhen than not, the truck driver was not properly qualified from the start and should not have been placed behind the wheel of tractor weighing in excess of 26,000 pounds.  Don't be victimized twice.  Visit the Truck Accident Injury Victim Information Center for help with your injury claim.

Some may say it is common sense.  Others may not even know that in Missouri it is the law.  Missouri Revised Statute 304.151 requires every motorist in Missouri to not obstruct traffic.  Even when you are involved in a Missouri car accident, if there are no serious personal injuries, you are required by Missouri law to move the vehicles off of the road so not to hold up traffic.  Violation of this Missouri statute is punishable by a cash fine.  Missouri also requires motorists to activate their emergency flashers in the event that their car becomes incompacitated in a car accident. 

Missouri Revised Statute 304.014 requires "every person operating or driving a vehicle upon the highways of this state to observe and comply with the Rules of Road."   Those rules require Missouri motorists to use reasonable care in the operation of their vehicle so not to injure persons or destroy property.  The penalties for violating these Rules of Road include both criminal and civil actions.

If you feel that someone failed to observe the Rules of the Road and caused a car accident, tractor-trailer crash, or motorcycle accident, contact a Missouri Accident & Injury Lawyer and get the advice of an experienced attorney.  Free consultations are hard to come by in today's legal market.  However, a compassionate Missouri injury lawyer at Schultz Legal Group will always be willing to take time to answer questions about your specific claim. 

Labor Day is just around the corner, and that means that school will be back in session in Missouri.  Back to school means more people on the road, resulting in increased traffic congestion and an increase in serious car accidents and bus accidents.  We all are spoiled in the summer when school buses, and young students are not racing to school in the morning and home in the afternoon.  When school starts up again in the fall, some of us get frustrated by increased commute times and congestion.  Our discontent is increased by the continued closure of Missouri highway 40 in St. Louis City.  Luckily highway 40 is scheduled to re-open in full capacity in December 2009.

Take the increase in traffic congestion into consideration and make an effort to leave a little earlier to head to the office.  Being rushed in the morning can result in careless driving and more "at-fault" accidents for you.  Aside from an insurance rate increase, serious personal injuries and/or death can quickly result from negligent driving habits.  Failing to observe the Missouri statutory Rules of the Road can result in being charged with a criminal offense and being held negligent per se in a civil court.

In the unfortunate event you are seriously injured in a Missouri car accident, motorcycle crash or tractor-trailer crash, contact St. Louis Injury Lawyer Stephen Schultz and get the experienced lawyers at Schultz Legal Group on your side.  Our injury lawyers will investigate the circumstances of the crash and represent you against the unfair insurance companies that do there best, from day one, to minimize your injury claim.  Don't be victimized twice.

St. Louis firefighters could not do anything to rescue three children killed in a apartment fire over the weekend in St. Louis Missouri.  The fire apparently started in the kitchen of the two bedroom apartment and then quickly spread throughout, engulfing the entire premises in flames.  When St. Louis City firefighters arrived on the scene, there was just nothing they could do.  Two young children were found dead in their bedroom and a third was found deceased in the kitchen, very badly burned.  Authorities are still investigating the cause of the fire.

This particular apartment had two smoke detectors located within the apartment itself, but no built-in sprinkler system.  There were no reports that the smoke detectors ever went off, failing to warn the occupants of a fire brewing inside the building.  Smoke detectors can be especially critical at night, when occupants are sleeping and can be quickly overtaken by smoke from a smoldering fire.  Were these defective smoke detectors?  Did the apartment management company know that they were inoperable?  These are questions that a St. Louis Defective Product Injury Lawyer will be looking into from the start.  It is critical for the lawyer and his investigation team to secure evidence, including the smoke detectors themselves, before such evidence is tampered with or destroyed.

This is a horrific set of circumstances, for the families and friends of these three children that lost their lives.  Our Missouri injury lawyers are finding more often that multiple-family apartment buildings and their management fail to keep smoke detectors in in good working order.  Liability can potentially lie with the apartment management company, maintenance company, and the manufacturer of the smoke detector itself.  Don't be victimized twice.  Contact a St. Louis Defective Product Injury Lawyer today to discuss your case.

Authorities report that 43-year old  Turner Roth was killed in Joplin when his motorcycle was rear-ended and pushed into oncoming traffic.  The serious Joplin motorcycle crash happened early at around 5:30 a.m.  Reports indicate that Roth was preparing to make a left turn seven miles from Joplin when he was struck from behind by a pick-up truck and pushed into the path of an oncoming vehicle.  Authorities were on the hurt for the suspect who fled the scene, only to find out soon after that the driver allegedly committed suicide at his home.  Several unanswered questions remain and the investigation will likely continue for some time.

Motorcycle accidents in Missouri are on the rise.  This can be attributed to an increase in motorcycle purchases over the past twelve months.  Motorcycles are often difficult to hear and see on the road.  Missouri motorists really need to pay special attention and be on the lookout for motorcycle riders.  After all, we have to share the road.

If you have been seriously injured or lost a loved one in a Missouri motorcycle accident, it is advised to discuss your injury claim with an experienced Missouri motorcycle injury lawyer who understands the insurance industry's predisposition to motorcycle injury victims.  Often times insurance adjusters assume that the motorcyclist was at fault for the crash.  Don't be victimized twice, get a competent Missouri injury lawyer and investigation team on your side.

A serious head-on St. Francois County Car Accident occurred late Sunday morning near Farmington Missouri.  Authorities report that five people were killed in the head-on crash, with three at the scene and two more upon arrival and treatment at area hospitals.  Gregory Fulton, Yvonne Fulton, Bessie Barker, Walter Barker, and Norma Holloway all lost their lives in this tragic incident.  The crash has left reporting officers questioning how the impact occurred, as preliminary investigations point to the Pontiac as crossing the center line of traffic on Route OO in St. Francois County.  Gregory and Yvonne Fulton were on their way home from morning mass at the time of the collision.

When a Missouri car accident results in a fatality, the Missouri Highway Patrol commonly will investigate the scene and supplement any initial police reports with a comprehensive Accident Reconstruction Report.  The reconstruction report usually contains detailed information on vehicle gouge marks, skid marks, yaw, speed, and impact points.  The investigating officer will use proven forensic and scientific data, plug in evidence, and form an opinion as to what contributing factors caused the collision.  An accident reconstruction is most commonly done when a Missouri fatal car accident occurs and there are few, if any, factual witnesses.

If you have lost a loved one in a serious Missouri car accident, don't wait for the accident reconstructionist to gather evidence and form his opinion.  Consult with an experienced Missouri Car Accident Lawyer and Wrongful Death Attorney immediately.  Your lawyer will be able to conduct an independent investigation into the facts and causes of the accident and protect your legal interests throughout the process.  Don't be victimized twice!