Our Missouri semi-truck accident lawyers are following breaking news of a horrible crash that took place in Edwardsville, Kansas this week.  The crash took place on I-435 near the exit for Kansas Highway 32 just after 2pm.  57 year-old John Douglas McNeal apparently lost control of his tractor-trailer, resulting in the semi-truck leaving the highway, colliding with a bridge, and finally resting on railroad tracks just as it burst into flames.  McNeal suffering fatal injuries and his passenger, an unidentified man from Ava, Missouri, sustained life-threatening injuries.  The Ava man was rushed to level-1 trauma care at the hospital.  The fatal semi-truck accident resulted in closure of Kansas Highway 32 for almost 6 hours and clean-up crews restored the scene to a safe condition for other motorists. 

When a tractor-trailer leaves the roadway without contacting another vehicle, and absent slick road conditions, one of the first components of the accident investigation should be retrieval of the truck's electronic control module (ECM).  The goal of downloading data from an electronic control module is to piece together the events that took place just prior to the accident.  Data such as engine speed, RPM, yaw, gear, brake pressure, and other forensic evidence can provide a Kansas truck accident lawyer with information necessary to preserve an injury claim that may arise out of the crash.  Of course, driver inattention or fatigue can also be a potential factor that may cause a major semi-truck accident.  The commercial trucking industry has acknowledged that fatigue is major safety problem for truck drivers.  Fatigue can encompass both sleepiness and mind numbing that is caused by driving hundreds of miles in a day with little or no physical activity.

A serious truck crash, such as the one that took place that killed Mr. McNeal and seriously injured a 47 year-old Ava Missouri man, should be investigated by an independent team of forensic experts.  A Kansas truck accident lawyer should retain and dispatch several field experts to the scene to conduct a crash reconstruction analysis.  This will include inspection of the tractor-trailer and documents preserved by the trucking company.  Relevant documents can include maintenance records of the semi-truck, employment files, and safety records.  It is always important to reach out to a semi-truck accident lawyer as soon as possible following any collision.  Doing so will not only provide an independent reconstruction team at your disposal, but it will also guarantee protection of any injury claim that may be presented to the trucking company or its insurance carrier.

To learn more about truck accident claims, contact the experienced attorneys at Schultz & Myers by calling toll-free (866) 840-3636, or visiting www.schultzlegalgroup.com.  

 

Federal and state cases for prescription drugs Reglan and generic metoclopramide litigation are being filed by plaintiff's suffering with a movement disorder- Tardive Dyskinesia.  Reglan side effect claims continue to be filed in multiple jurisdictions.  States courts currently hearing the cases are Pennsylvania, New Jersey and California. The Supreme Court of the United States will decide later this year, if there is or is not federal preemption of the state law claims in torts for the generic drug manufacturer's warning labels.

Philadelphia is one of the first courts to decide to consolidate the increasing number of cases to conserve the judicial resources in hearings and trials. As the plaintiff's cases proceed with scheduled trial dates, there has been an emphasis on the due diligence of Reglan injury lawyers to execute these cases in a timely and efficient manner. The East and West coast states have followed Pennsylvania's protocol in consolidating the litigation. Reglan side effect claims are serious and the litigation will be time-consuming.

The United States Supreme Court will hear and decide later this year if there is preemption for generic drug manufacturers in regards to warnings on their labels. The legal issue is, "Are generic drug manufacturers equally liable to warn consumers of the side effects, no different than the name brand drug manufacturers?"  Although the defense of the generic drug manufacturer's is, the law currently prevents the generic prescription labels to be modified to read any different than those required by the FDA guidelines on the brand name manufacturer's warning labels.

Contact a Reglan drug claim lawyer today by calling (866) 840-3636 to discover more information on how to obtain compensation for a drug defect claim based upon Tardive Dyskinesia.

Our truck accident injury lawyers are following a fatal truck accident that took place in southern Illinois on Tuesday morning.  The crash occurred in front of a Wal-Mart on Route 13 in Murphysboro, IL, and caused quite a scene.  Between the Illinois State Police, Jackson County Sheriff's Department, Murphysboro Fire Department, and media, the scene was busy with investigators and reporters.  Daniel Batz of Missouri was operating a box truck when he struck the passenger side of a Chevy driven by 72 year-old Donald Leggans of Murphysboro.  Leggan was rushed to a local emergency room and was unfortunately pronounced dead within an hour of arrival at the hospital. 

We find it interesting that Batz was issued a citation for logbook violations.  Depending upon the type of the violation, this could offer insight into the cause of this fatal box truck crash.  A truck drivers' logbook is an accounting of everything that driver does in a 24-hour time period.  It includes time on, time off, on-duty time, on-duty not working time.  It is critical for a truck driver to abide by the rules set forth by the Federal Motor Carrier Safety Administration with regard to hours-of-service and logbook audits. 

As Illinois fatal truck accident injury lawyers, we regularly see truck drivers to blame, or at the very least partially to blame, for accidents where logbook violations were identified at the scene of the crash.  These violations could mean that a truck driver was operating in excess of the hours of service limitations set forth by federal safety regulations.  Furthermore, this could indicate truck driver fatigue, which is the leading safety concern in the commercial trucking industry.

One of the first things that an Illinois wrongful death lawyer will need to do is file for a protective order against the trucking company.  Why?  Because without a protective order, forensic evidence will likely be lost, manipulated, or destroyed.  Logbooks are just one piece of the puzzle.  Trip receipts, scale records, QUALCOMM data, ECM data, maintenance records, pre and post-trip inspection reports, and other evidence must be preserved in order for a truck accident lawyer to protect the interest of the persons injured or killed in the crash.

Missouri and Illinois truck accident lawyer Stephen Schultz has offices in St. Louis and Chicago.  His lawyers protect the innocent victims of fatal truck accidents each day and have brought countless trucking companies and rogue drivers to justice.  If you have lost a loved one in a fatal truck accident, contact a wrongful death lawyer immediately, before the critical evidence necessary to win your case is lost.   



       

A Ford truck and Dodge Stratus were towed away from a bad car accident that took place in Washington Missouri earlier today.  Geraldine Flora and Lloyd Flora were both serious injured in the head-on collision that happened on Highway 47 just south of Country Club Lane in Franklin County, MO.  First responders indicated that 20 year-old Jennifer Hemmer drifted over the center line of Highway 47 and struck the Flora's nearly head-on.  The impact caused both vehicles to spin in the roadway amidst the fresh snow that fell earlier that morning throughout Missouri.

As a Franklin County car accident lawyer, I have personally been involved in numerous head-on collisions on Highway 47 that have resulted in serious injuries, even fatalities.  The fact of the matter is that this particular stretch of highway is dangerous.  From improper passing to drifting over the center line of the roadway, it seems like accidents take place at least once every couple of days on 47.  In this particular accident, it is unclear whether slick road conditions or driver inattention is to blame.  Ultimately, it will require an independent investigation by a Missouri personal injury lawyer to get to the bottom of who or what caused this horrible crash.

Being involved in a crash is traumatic.  The resulting personal injuries can take weeks, months, years, or even a lifetime to recover from.  Even soft-tissue injuries such as whiplash can require extensive physical therapy and even surgery to correct.  One of the most important things to do following any serious accident is to obtain medical care from specialists.  The emergency room does a good job of stabilizing patients, but once discharged, it is up to the patient to seek the proper follow-up care.  This doesn't necessarily mean follow-up care with a primary care doctor, who usually practices general medicine and is unqualified to properly treat the acute orthopedic or neurological trauma caused by the blunt impact of another motor vehicle.

The Washington, Mo car accident lawyers at Schultz & Myers are skilled negotiators and courtroom litigators.  Calling toll-free at (866) 840-3636, or locally at (314) 448-0934 is the first step to protecting the interests of a car accident victim.  Don't think for a second that an insurance claims adjuster has your interests at heart.  Insurance companies are interested in the bottom line, period, paragraph.  And having a sole interest in the bottom line never equates to a fair settlement.  Our St. Louis car accident lawyers have one mission - protect the injured and obtain fair compensation for each and every client.   

Our St. Louis County car accident lawyers are following a rear-end crash that seriously injured a young woman from House Springs.  27 year-old Christina Comte was rushed to the trauma-1 center at St. Johns Mercy in Washington shortly after a car accident that took place around 4:00 pm.  Comte's Chevy Blazer was rear-ended as she was attempting to make a turn onto Route F from Route O.  Property damage sustained by the vehicles suggests a relatively high speed impact.  The 2005 Ford minivan that collided with Comte's Blazer was not drivable from the scene. 

Rear-end car accidents commonly take place at controlled intersections and when vehicles are attempting to make turns off of a main road or highway.  Driver inattention is commonly the culprit of a rear-end car accident.  Inattention can result from use of a cellphone or distractions coming from inside or outside of the vehicle. 

Injuries from a rear end collision typically involve spine and head trauma.  The discs in the cervical (neck) and lumbar (lower) spine can be strained and/or strained.  Discs can become herniated or bulged, which can cause nerve root impingement, resulting in shooting pains down the upper and lower extremities.  Otherwise known as "radiculopathy", a numbness and tingling sensation in the arms or legs can be indicative of serious disc pathology at the cervical and lumbar levels.

Advice from our St. Louis car accident lawyers includes getting the medical treatment that a victim needs BEFORE ever discussing your injuries with an insurance claims adjuster or presenting any type of settlement demand.  We also advise car accident injury victims to be on the lookout for medical liens that are filed on any claim for settlement.  if a lien is filed, contact a St. Louis personal injury lawyer for advice on how to request a reduction in the amount of the lien.  This can prove critical, especially when the injuries are serious and insurance policies are limited.  For more information call (866) 840-3636 or (314) 448-0934.    

Our Columbia semi-truck accident lawyers are following a breaking story of a serious collision that took place on westbound I-70 near mile-marker 117.  Authorities report that 61 year-old Vander Coltrane was seriously injured when a semi-truck crossed the median and struck his Plymouth Voyager nearly head-on.  Initial reports indicate that an 80,000+ semi-truck was out of control when it crashed into the cable median, and then proceeded into the westbound lanes of I-70 in the wrong direction.  The semi-truck driver, a Abdi Farah from Columbus, Ohio, may have lost control of his tractor-trailer.

One of the first things that our Columbia, MO semi-truck accident lawyers do in a case like this is file for a protective order of the forensic evidence gathered from the accident scene.  This includes the 18-wheeler's electronic control module (ECM).  Otherwise known as the "black box", the ECM can provide us with valuable information including the speed of the truck, gear, RPM, and brake action in the moments leading up to impact.  This type of data is crucial, as forensic data does not lie.  Data from the black box, in conjunction with witness statements, arial photographs, skid mark measurements, asphalt gouge marks, and other related evidence allows our Missouri truck accident lawyers to determine what caused a serious crash. 

The safety regulations designed to protect motorists such as Vander Coltrane.  Those safety regulations include, but are not limited to, strict truck driver pre-qualification requirements.  From a driver road test to comprehensive background check, regulations that cover truck drivers start at Part 390 of the United States Code and end in Part 399.  Trucking companies that don't follow the federal safety regulations, to the letter, pose a serious safety hazard to the general public.

Another potential cause of this Columbia head-on semi-truck crash could have been a defect in the braking or steering system of the tractor-trailer.  Semi-trucks and trailers use an air-brake system with couplers that must constantly be inspected to confirm their tolerance.  Our Columbia personal injury lawyers have seen steering systems fail in semi-trucks in the past.  In May of last year we were retained by a client involved in a rear-end crash on I-44 with a tractor-trailer that completely lost its steering.  The impact caused a very serious collision and resulting brain injury.

There has been a significant amount of bad semi-truck wrecks in Missouri within the past 6 months, including several fatal collisions in southern Missouri.  First things first, why aren't the current safety regulations working?  Why are semi-trucks continuously causing catastrophic injuries to innocent motorists?  Our Missouri truck accident lawyers are working hard to protect the rights of the victims injured in these collisions and to increase commercial motor vehicle safety enforcement.  The lawyers at Schultz & Myers law firm exclusively handle serious accidents, primarily ones involving a semi-truck and a passenger vehicle.  For more information, contact our injury lawyers toll-free at (866) 840-3636, or email founding partner Stephen Schultz for a discrete consultation. 

Charges may be filed against Jay Valentine, a tractor-trailer driver from Huntsville, Texas, following a fatal truck accident near Herculaneum on Wednesday.  The crash took place in clear weather conditions on northbound interstate 55 in Herculaneum Missouri at McNutt Road.  Valentine reportedly took his eyes off the road and drifted into the left lane passing lane of Interstate Highway 55, clipping one car and causing a massive pileup of passenger vehicles.  The collision resulted in numerous injuries and two fatalities.  32 year-old Valentine and his inattention is being investigated by the Missouri Highway Patrol and prosecutors as authorities decide whether this preventable Herculaneum fatal truck accident can be criminally actionable.

The Herculaneum fatal semi-truck crash prematurely claimed the lives of 52 year-old Charles Martin and 28 year-old Alana McKnight.  Their two vehicles were hardly recognizable as they were completely crushed against the bridge barrier.  How many fatal tractor-trailer accidents have to take place for truck drivers to realize that taking their eyes off the road, even for seconds, presents a grave risk to other motorists?  Missouri truck accident lawyer Stephen Schultz and the tractor-trailer crash experts at his law firm, Schultz & Myers, are in the process of lobbying in favor of changes to the Federal Motor Carrier Safety Regulations that would increase oversight in the commercial trucking industry.  After a string of recent fatal truck accidents in Missouri, Schultz & Myers law firm has decided that the regulations currently in place are not working.  Distracted and/or inattentive truck drivers have caused numerous fatal accidents in Missouri in the past 12 months alone.

As Missouri truck accident injury lawyers in Herculaneum, we need to send a message to commercial trucking companies and their drivers, that enough is enough!  Under-trained and over-worked truck drivers are a common cause of serious accidents throughout our state.  Just last month, an unlicensed truck driver struck a vehicle in southern Missouri and killed all passengers in the car.  From hours-of-service (HOS), to pre-qualification of drivers, to ongoing safety training, we have to make changes.

The semi-truck accident lawyers at Schultz & Myers represent the innocent victims and surviving family members of fatal tractor-trailer accidents throughout Missouri and Illinois.  Our lawyers are highly trained in the art of complex commercial motor vehicle litigation, which often becomes a heated affair between our lawyers and desperate trucking companies that know they made serious mistakes, that if averted, could have saved lives.  Our lawyers can be reached toll-free at (866) 840-3636.  

Our Missouri car accident lawyers report a serious car accident near Princeton Missouri late this afternoon.  Reports indicate that 32 year-old Amanda Mclain pulled into the path of 77 year-old Denton Porter on westbound US136 in Mercer County.  Porter's Dodge Ram broadsided the 2006 Mercury and caused a major collision.  Porter was rushed to Heartland Regional Medical Center where he was unable to pull through from the injuries sustained in the crash.  Mclain was also rushed to Heartland Regional where she remains in serious condition.

Anytime there is a fatal car accident in Missouri, the highway patrol will look into whether a accident reconstruction report is necessary.  In many times, especially when there are limited witnesses, the highway patrol will initiate an investigation process that includes taking measurements at the scene, downloading data from the electronic control modules of the vehicles involved, and collection of other forensic evidence.

As for a Missouri wrongful death claim, a Missouri wrongful death lawyer will have to get any settlement or claim approved by a Circuit Judge.  All wrongful death claims in Missouri must be filed in court.  No insurance company can settle a Missouri wrongful death claim without first obtaining a written order from a judge.

To learn more about what it takes to file a Missouri wrongful death claim, contact our lawyers for a free consultation at (866) 840-3636.
 

The over wrought judicial system consolidates DePuy cases being filed for plaintiff's as of January 2011. Numerous hip replacement lawsuits are being consolidated into a multidistrict litigation case (MDL) by Judge David A. Katz. The judge issued an order with specific assignments for counsel nationwide in various roles on a federal court level in Northern District Ohio. Needless to say, it will be captivating to follow those cases in the federal court. DePuy hip defect lawyers are being appointed to various positions on committees and sub-committees by Judge Katz.

A MDL case is like a class action in regards to the simplification of pre-trial proceedings for plaintiff's discovery. Unlike a class action, it allows each DePuy ASR implant injury case to be heard in court on their individual claims. The compensation in a class action suit is divided up proportionately amongst the numerous plaintiffs. The compensation in the MDL cases will be appropriated to the plaintiffs in regards to their individual claims, which will allow a more reasonable outcome for each plaintiff.

Over 90,000 plaintiffs are suffering with the effects of a "defective ASR device", used in the hip replacement procedure. DePuy hip recall lawyers are seeking damages for medical cost, lost earnings and pain/suffering through litigation. The company is making every attempt to replace the faulty device and just pay medical expenses. Did you have a hip replacement after July 2003, this recall may affect you?

The first step in finding out if you have a DePuy hip defect lawsuit is to contact our nationwide DePuy recall lawyers at (866) 840-3636.  These claims are very serious and must be handled by a skilled litigator who is familiar with defenses in a product liability/design defect case.