Recently in Motorcycle Accidents Category
Authorities report that a Harley Davidson being driven by Joseph Reaves did not have a working headlight when it was struck by another vehicle late Saturday afternoon. The crash took place on Route MM in Jefferson County and involved an Acura operated by 33 year-old Amy Terry of House Springs Missouri. The motorcycle crash caused serious injury to Reaves, who was ejected from his Harley upon impact. Reaves was then transported to St. Anthony's Medical Center for emergency treatment. His passenger, 49 year-old Karen Cole, was also injured and transported to the same hospital as Reaves. Many motorcycle owners have enjoyed the unseasonably warm November weather this year. As a result, there have been a considerable number of Missouri motorcycle accident claims filed late in the riding season. Motorcycle collisions cause some of the most devastating injuries that our injury attorneys see on a regular basis. The level of catastrophic injuries has further increased since Missouri repealed the state helmet law for persons over 18 years of age. Traumatic brain injuries can result from failure to wear a helmet, even in motorcycle accidents involving low speed impacts. If you have been injured in a motorcycle crash it is critical to evaluate all avenues of recovery for your personal injury claim. Recovery may include liability insurance, uninsured or underinsured motorist coverage, medical payments coverage, or even a homeowner's policy. Contact a Missouri motorcycle accident attorney at Schultz Legal Group by calling (314) 448-0934 for an immediate case evaluation.
Insurance contracts are inherently difficult to understand. The language used in automobile insurance policies is drafted by lawyers, to by understood only by other lawyers. Its as if simple sentences were translated from English to Spanish to German and back to English again, only to the be placed into the insurance policy. It is important to understand however, that Missouri courts have recently cracked down on insurance companies who purposely draft ambiguous insurance policies. The Courts have done so in favor of applying coverage in favor of the insured. I wouldn't call this a victory, but certainly it is a step forward towards placing accountability on the 'drafter' of the insurance policy, which ALWAYS is the insurance company. Lets be honest, commercial insurance companies aren't hurting for money, and they will continue to fight towards denial of coverage before they roll over and accept it. An ongoing issue in Missouri as far as insurance coverage disputes goes is in regards to UNDERinsured motorist coverage (UIM). UIM is not a requirement in Missouri, although it should be. UIM coverage applies when a motorists sustains serious personal injury or death and recovers a minimal amount from the at-fault party's insurance carrier. If the injury victim's damages were not fully compensated by the at-fault party's insurance (ie: a minimum $25,000 policy), then the victim may be able to look to his/her own automobile insurance coverage IF it has UIM coverage. Most automobile insurance companies require UIM coverage limits (if the insured chooses to purchase UIM) to be the same as UNinsured motorist (UM) limits. A motorist with UM and UIM coverage is an intelligent consumer. Hindsight is 20/20, and those victimized by negligent car or truck drivers will have a better chance at obtaining full compensation for their serious personal injuries if they had UIM coverage at the time of the crash. The most recent decision of the Courts in favor of coverage was in Jones v. Mid-Century Insurance Company (2008). In that case, the Court ruled that an insurance policy was ambiguous when it purported to provide UIM limits of $100,000 per accident in one portion of the policy, and in another part of the policy the UIM limits were reduced by a 'credit' or 'set off' provision. According to the Missouri Court of Appeals, the purpose of UIM coverage is "to compensate an insured for those damages which have not already been paid by a tortfeasor via liability insurance, self-insurance, or some other means." Contact Missouri Car Accident Injury Lawyer Stephen Schultz and get your questions answered. Don't be victimized twice by an insurance company that is only concerned with its own financial interests. Contact a Missouri personal injury lawyer today for guidance!
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.
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 Missouri Motorcycle Injury Lawyer is very familiar with the high rate of fatalities that occur from motorcycle accident. The shear difference in mass between a passenger vehicle or tractor-trailer and a motorcycle is a major cause in fatal motorcycle crashes. But another direct factor that can result in life or death is the equipment that a motorcycle rider chooses to use. The Kansas City Police Department recently published findings that there have been 10 fatalities this year in Kansas City so far resulting from a motorcycle crash. 70% of the time, the rider was wearing a DOT (Department of Transportation) approved helmet. The fatality rate in motorcycle accidents is actually increased this year as compared with trends in the past consecutive five years. Why is there an increase in fatal Missouri motorcycle accident claims? Part of the reason may be attributable to an overall increase in motorcycle sales. When gasoline prices were sharply increasing, sales for motorcycles and mopeds increasing accordingly. Also of note is that Missouri has revised its helmet laws and as of March 12, 2009, anyone over the age of 12 does NOT have to wear a helmet. It may be some time before there is enough data to provide insight into whether Missouri's repeal of the mandatory helmet law causes an increase in motorcycle accidents resulting in serious personal injuries or death claims. A Missouri Motorcycle Injury Lawyer may be able to offer assistance to a victim seriously injured in a motorcycle accident. Often times there is a bias that motorcycle riders are aggressive and dangerous, and that when an accident occurs it was the riders fault. Don't be victimized twice. A Missouri Injury Lawyer will be able to adequately investigate the scene and evidence and determine whether the other driver was negligent and thus liable under Missouri Law.
JUST RELEASED: The United States has known since 2003 of the extreme risks of distracted driving, yet they failed to release these findings to the public! The National Highway Traffic Safety Department withheld this critical information from Congress since 2003 in an effort to "not make Congress mad." Ultimately those withheld findings determined that distracted driving is as dangerous as drunk driving! Researchers have now published data that concludes in 2002 alone, over 955 fatalities and 240,000 serious personal injuries were caused on our nations highways by cellphone use when driving. Cellphone use can include text messaging, emailing, and talking. Keep in mind that these findings were way back in 2002! It is estimated that there are 10 times and many cellphones in used today than in 2002. So what does that mean about the highway death claims and injury claims? Researchers have also determined that hands-free kits such as bluetooth and earbuds did little to eliminate the threat of death and injury on our roadways as a direct result of cellphone use. Missouri motorists that are using their cellphone while operating a car or truck are 4X as likely to cause a serious car accident, truck accident, or motorcycle accident. What is our government going to do about this? Probably little if anything, partially due to lobbiests in Congress. Many states have proposed bans on using cellphones while operating a motor vehicle, but the proposals have not converted into law. Moreover, police have indicated a difficulty in enforcement of such a proposal. Missouri Accident and Injury Lawyer Stephen Schultz recommends that you put down the cellphone when behind the wheel. Many of his injured clients have been seriously injury or lost loved ones to the inattention and distraction caused by using a cellphone. Texting is particularly dangerous, as the driver is forced to concentrate on a phone's screen instead of the roadway, causing motorists to cross the centerline of traffic and a head-on car crash.
St. Louis Personal Injury Lawyer Stephen Schultz is contacted daily with questions from injury victims. Persons injured in accidents and crashes are vulnerable. Often times they are dependent upon doctors, family members, and claims adjusters to lead them through the process of handling their personal injury claim. The problem is none of these persons understands or appreciates what the injury victim is entitled to receive as compensation for his or her injuries. Doctors are doctors. Family members, while they offer invaluable personal support, are not lawyers. Claims adjusters represent the LAST person to seek advice or guidance from, as they certainly do NOT have your interests first. Here are a few of the common questions St. Louis Personal Injury Lawyer Stephen Schultz fields on a daily basis: Question: Someone told me that I should get 3X my medical bills as a settlement for my injury claim. Is that accurate? Answer: No. There are no two injury claims that are alike and thus to make such a general assumption can create confusion and disappointment. I have cases that I have obtained settlements for 2X medical bills, and I have other cases where I have obtained settlements and verdicts that are 20X medical bills. There is no exact formula. More often than not, I obtain well over 3X what my client's medical bills are as recompense for their serious personal injuries. Question: Do I have to pay back my health insurance if I get a settlement? Answer: It depends. Some health insurance policies are governed by ERISA (Employee Retirement Income Security Act), which often times does entitle that insurer to reimbursement for benefits paid to treat injury victims. MediCare and MedicAid generally have to be reimbursed as well. As your injury lawyer, I must request a copy of the health insurance company "Plan" to determine what language governs reimbursent in your particular injury case. Question: Will my case go to trial? Answer: Probably not, but it depends. Statistically speaking, most personal injury cases are settled before trial. The Missouri personal injury lawyers at Schultz Legal Group make a good effort to settle cases before filing a lawsuit. After all, if fair compensation can be obtained without the expense and delay of extended litigation, then it makes sense to settle. However, the client is the ultimate decisionmaker when it comes to accepting or rejecting a settlement offer. If the client and attorney decide together that a settlement offer is too low, then our lawyers file a lawsuit and prosecute the case thru the courts. Even when a lawsuit is filed, the case often times will settle before it matures to a trial. If you have been injured in a MIssouri car accident, tractor-trailer crash, bus crash, or by the use of a defective product, contact St. Louis Personal Injury Lawyer Stephen Schultz for a case consultation and evaulation. Mr. Schultz can be reached at (314) 448-0934 or toll free at (866) 840-3636. Don't be victimized twice. Claim your fee consultation with one of Missouri's top 100 personal injury lawyers today!
Let's face it, insurance companies are in business to make a profit. That doesn't necessarily make them "bad." What does make the situation 'bad' is when they place the drive to turn profits FIRST and the interest of the Missouri injury victim LAST. Studies and recent lawsuits have exposed the fact that the injury claim is being negatively affected by the insurance company's pursuit of profits. Before the late 80's and early 90's, insurance companies were relatively 'fair' in valuing the injury victim's claim. That all changed with the advent of computer software specifically designed to minimize injuries and convince victims to accept low-ball settlements. The bottom line is profits. Insurance companies assume that only 20% of injury victims will ever retain a Missouri Injury Lawyer. Therefore, it becomes a shear numbers game with them. Insurance adjusters will often low-ball the victim with the understanding that only 2 of 10 victims will reject the offer and seek the representation of a skilled injury attorney. Many large insurance companies such as State Farm, Farmers, and Allstate have implemented claims programs such as "Advancing Claim Management Excellence" and/or "Claim Core Process Redesign" were were designed solely to reduce claim payouts and/or deny them completely. DON'T BE VICTIMIZED TWICE! Don't let the insurance company bully you with a low ball settlement. Contact the experienced Missouri trial lawyers at Schultz Legal Group at (314) 448-0934 for advice on how to handle your Missouri injury claim. Get the fair compensation you are entitled to pursuant to Missouri Law.
First, what is a "soft tissue" injury. Simply put, soft tissue can be any tissue that is not a bone. So muscle tissue, connective tissue such as tendons and ligaments, and discs in the spine are all considered soft tissue. When you are injured in a serious Missouri automobile crash, tractor-trailer crash, or other type of injury-causing event, you are most likely to sustain a soft-tissue injury. Bones usually are not broken unless then make contact with another object. Due to today's protective technology in our automobiles, drivers and passengers are typically restrained from coming into contact with hard objects in the event of a car accident. Soft tissue injuries can be very serious. Don't let the name fool you. Common soft tissue injuries include sprains, strains and contusions. More serious injuries can include spinal disc herniations, bulges, protrusions, and annular tears. Soft tissue injuries can be both permanent and disabling, and can require future surgeries to correct. For example, a disc bulge can become so disabling that epidural injections, a spinal discectomy, or spine disc fusion may be the only thing that alleviates pain. Victims of these types of personal injuries should seek medical care from a qualified orthopedist. If you have sustained soft tissue injuries in a Missouri car accident, 18-wheeler accident, motorcycle crash, or slip & fall should contact St. Louis Injury Lawyer Stephen Schultz and get the experienced injury attorneys at Schultz legal Group on your side. Insurance claims adjusters rarely give appropriate value to claims involving soft tissue injuries. Don't be victimized twice!
This is a question most Missouri injury victims face when they are involved in several types of potentially actionable claims, such as: The situation is often times stressful. You have the incident itself that caused the personal injuries, and then you have the insurance adjuster that typically calls a few days later and begins his/her goal of minimizing your injury claim. Essentially, you are set up to victimized twice. Statistics provide that those who retain the legal services of a Missouri Accident & Injury Lawyer received 3x-5x more compensation that those victims who choose to deal with the defendant's insurance company directly. So what types of claims can you handle without the services of a personal injury lawyer? Very minimal claims involving very little property damage and no personal injuries can usually be handled by the victim on his/her own. When you add personal injuries to the equation, it is always beneficial to, at the very least, consult the legal advice from a Missouri personal injury attorney. Understand that insurance adjusters are highly trained and skilled at dealing with both injury and property damage claims. Ask yourself this question: Does the insurance adjuster really have MY best interests in mind, or that of his managers and stockholders? The answer is obvious. I encourage any injury victim to visit the Schultz Legal Group article on How Insurance Companies Adjust Claims. Contact St. Louis Accident and Injury Lawyer Stephen Schultz at (866) 840-3636, (314) 448-0934, or by email to discuss your injury claim.
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