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“The 7 Biggest Mistakes That Will Wreck Your Car Accident Case” By Joshua P. Myers
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Post Date: July 24th, 2011
Sleep apnea is a disorder that causes people to have brief interruptions in their breathing during sleep. Sleep apnea may not sound like a dangerous disorder, but according to the scientific research available the disorder interferes with safe driving. Sleep apnea is also a leading cause of Missouri truck accidents.
The breathing interruptions caused by the disorder may occur up to 400 times a night and lasting up to 10 seconds each time. These breathing interruptions keep a truck driver from the ability to function well by wreaking havoc on their quality of sleep. Symptoms of sleep apnea include memory impairment, falling asleep during inappropriate times, daytime sleepiness, and lack of concentration. Each of these symptoms are dangerous when a truck driver is behind the wheel of a massive commercial truck.
Sleep apnea symptoms interfere with a truck driver’s ability to operate a large commercial truck. According to a scientific study, sleep apnea left untreated increases the risk of a Missouri trucking accident. Another study found that truck drivers with sleep apnea had worse performance stats than people who were under the influence of alcohol. Despite these numbers, the Federal Motor Carrier Safety Administration estimates that nearly 28% of commercial driver license holders suffer from the disorder.
The sleep apnea disorder poses so many dangerous risks to highway safety that many states regulate people with disorder and prohibits them from driving a commercial truck in state-to-state commerce. Sleep apnea does not disqualify a truck driver unless it is moderate to severe or the driver has been involved in an accident where the disorder was the cause. The sleep apnea disorder disqualification goal is to limit the number of Missouri trucking accidents.
Commercial trucking companies may decrease Missouri truck accidents that are caused by the sleep apnea disorder by creating schedules that don’t impair the truck driver’s ability to get a good night’s sleep. The occurrence of the sleep apnea disorder is mostly dependent on the trucks driver’s quality of sleep. Sleeping six hours or less in a night is dangerous for any driver, but the danger increases with sleep apnea. Commercial trucking companies endangers others when they encourage or require their drivers to have irrational driving schedules. Irrational driving schedules create a greater risk of Missouri trucking accidents caused by sleep apnea. If trucking companies comply with Missouri trucking regulations concerning the hours of service, the roadways would be safer.
If you are injured in a Missouri trucking accident, contact a Missouri truck accident attorney immediately. An experienced truck accident attorney can investigate the facts of your case for signs of truck driver sleep apnea, so there is a greater outcome in compensation for your injuries.
Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: fatal, fatigue, federal motor carrier safety regulations, fmcsa, injury, killed, missouri truck accident lawyer, mo, truck accident, wrongful death Posted in Fatigued Truck Drivers, Missouri Truck Accidents, MO Truck Accidents, Semi-Truck Accident Injuries, Truck Accident Advice, Truck Accident News, Truck Accident Settlements | No Comments »
Post Date: July 23rd, 2011
Crash tests and new data from the Insurance Institute for Highway Safety (IIHS) illustrate that the rear guards on tractor-trailers can fail in crashes that have a lower speed impact. That failure can have very deadly consequence in the event of a Missouri truck accident. When a smaller car or truck crashes into the back of a tractor-trailer, the rear guards are in place to be a defense and to reduce deaths and injuries. Without the guards, the upper part of the smaller vehicle is usually crushed, making them more deadly than helpful.
The IIHS has been studying the problem of faulty rear guards since the 1970s. The latest study examined 1,000 crashes that involved small vehicles rear-ending tractor-trailers between the years 2001 and 2003. Among those truck accidents, 28 people in the smaller vehicle died, and in 23 of those accidents the entire front end of the vehicle slid under the tractor-trailer. The observations as well as crash tests shows errors with many of rear guards on tractor-trailers, which lead to guard failure and devastating injury. The IIHS is now recommending new safety measures in the manufacturing of the rear guards in order to reduce the number of deaths in similar Missouri truck accidents. The institute is recommending that the National Highway Traffic Safety Administration (NHTSA) improve standards for those rear guards in order to reduce the number of deaths in similar Missouri truck accidents.
Commercial trucking companies, as well as tractor-trailer manufacturers, have a duty to make sure they produce vehicles that operate as safely as possible. If you have been injured in a Missouri truck accident as a result of a negligent of a tractor-trailer driver, you may be able to recover your medical expenses, lost wages, damage to your vehicle, pain and suffering, and more. Please contact an experienced Missouri truck accident attorney immediately if you are injured in a Missouri truck accident. The longer a tractor-trailer accident victim waits to hire an attorney, the less evidence that will be available to fight for compensation. Call 888.956.2487 to speak to one of our experienced Missouri truck accident attorneys about your tractor-trailer accident injury claim.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: driving, federal motor carrier safety regulations, fmcsa, killed, lawyer, missouri truck accident lawyer, truck accident, wrongful death Posted in Missouri Truck Accidents, MO Truck Accidents, Semi-Truck Accident Injuries, Truck Accident Advice, Truck Accident News | No Comments »
Post Date: July 21st, 2011
As a St. Louis attorney tractor-trailer accident, I know that head-on collisions are one of the most common causes of fatalities in accidents involving cars and tractor-trailers. So I was very pleased to see an article in the March 22nd Summit Journal reporting that guard wires will go on a stretch of road that has had a series of fatal tractor-trailer accidents. The Missouri Department of Transportation will add to the cables of the median on U.S. Interstate Highway 50 between 470 and Third Street in Lee’s Summit. The work is expected to begin May 1 and end by June, a MoDOT engineer said. The engineer said they are very effective at keeping vehicles from crossing into oncoming traffic and cost substantially less than concrete barriers.
MoDOT promised the guard cables last November after two tractor-trailer fatalities in the area occurred. These accidents include a bus accident that claimed the life of 23-year-old Mark Prigge of Blue Springs. Prigge was driving west near Third Street when he crossed the median and into the path of a tractor-trailer going east. The crash pushed the tractor-trailer in the westbound lanes, endangering motorists on both sides of the road. Less than two weeks later, Kansas City resident Cozzette Latimer, 49, died when a white van crossed the median and hit her vehicle. It was an unusually high number of deaths in Lee’s Summit, a police officer said.
With the fatalities in the area there was a demand for cables to guard by the community in and around Lee’s Summit. Crossover accidents are often head-on accidents, which have proven fatal. Cable guards stop cars from crossing into oncoming traffic and endangering the lives of their occupants, as well as the lives of the people on the other side. This is especially important in tractor-trailer accidents, because the much larger size of a large commercial truck virtually guarantees that an accident will destroy the smaller car-no matter who crossed the line.
No tractor-trailer accident is the same. Tractor-trailer accidents can happen when a driver is fatigued or makes bad decisions; when a commercial trucking company chooses not maintain their trucks or use faulty equipment; and when they choose to put the public’s safety behind making a profit. If the commercial trucking company has injured you by a negligent truck driver or because of negligent decisions, please contact an experienced Missouri truck accident attorney immediately. The longer a tractor-trailer accident victim waits to hire an attorney, the less evidence that will be available to fight for compensation. Call 888.956.2487 to speak to one of our experienced Missouri truck accident attorneys about your tractor-trailer accident injury claim.
Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: driving, federal motor carrier safety regulations, fmcsa, injury, missouri truck accident lawyer, myers, truck accident settlements, wreck Posted in Missouri Truck Accidents, MO Truck Accidents, Semi-Truck Accident Injuries, Truck Accident Advice, Truck Accident News | No Comments »
Post Date: July 20th, 2011
Recently the Federal Motor Carrier Safety Administration proposed a new restriction on cell phone use for bus drivers and truck drivers. The FMCSA made a public statement with their proposal and offered alternatives as well. As a part of the new rule, the FMCA gave three options:
- Do nothing
- Ban cell phones entirely
- Allow cell phone use only with a hands-free device, but ban dialing or other acts that would manipulate a cell phone while driving.
The FMCSA received more than 400 calls from individuals, interest groups, and companies after their announcement. Most liked the new rule allowing the use of hands free devices, but banning the actual handling of a cell phone while behind the wheel. In reconsidering this compromise, the FMCSA cited a study that Virginia Tech performed on distracted drivers. The study concluded that talking on a hands-free device did not create as big of a distraction as dialing. The FMCSA took note that there was insignificant evidence to show that talking on the phone with a hands-free device posed a significant risk.
Many truck drivers do take their responsibility to road safety seriously, but there are many who use distracting devices on the road. If you have been injured in a Missouri truck accident that was because of a distracted truck driver call an experienced Missouri truck accident attorney. We have several experts to rebuild a truck accident to determine if the truck driver was in error. Call 877.SUE.TRKS to speak to an experienced truck accident attorney today. We want to ensure your rights are protected and you receive the compensation you deserve.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: federal motor carrier safety regulations, fmcsa, missouri truck accident lawyer, truck drivers Posted in Missouri Truck Accidents, Texting While Driving, Truck Accident News | No Comments »
Post Date: July 19th, 2011
A fatal head-on Missouri truck accident claimed the life of 88-year-old Anna L. Davis, a resident of Eagle Rock. The accident occurred on Friday morning on MO-112, just five miles south of Cassville. Davis was driving her 2000 Chevrolet Malibu eastbound on MO-112 when an International Truck hit her head-on. The 35-year-old driver of the truck, Jason H. Hessee of Springfield, MO was traveling west in the eastbound lanes, but the reason has not been reported.
Davis’ vehicle was totaled in the collision, but the truck only received moderate damage. Davis was transported to Cox South hospital for treatment of her injuries, but died while in route. Dr. Sweeny of Cox South hospital declared Davis’ dead at 12:15 p.m. When a loved one dies because of the negligence in a Missouri truck accident, it can be emotionally devastating. Missouri law allows family members of truck accidents victims to receive compensation for wrongful death. The compensation is meant to address the financial hardship that follows the death of a family member. The family can recover expenses such as burial and financial loss.
The wrongful death statute in Missouri applies to truck accidents where the defendant, the driver and many times the trucking company, causes the death of another because of negligent circumstances. The statute aims to provide compensation to the families of victims to help with unexpected expenses related to the tragedy. The statute also serves to provide compensation for those who relied financially on the Missouri truck accident victim.
After a devastating accident such as this one, most families don’t think about the money. Over time, funeral costs and bills start coming in and the paychecks stop for the victim. If you or someone you love has been injured by the negligence of a truck driver or the company they work for, please call 888.956.2487 for a free consultation and let us help you through this difficult time.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: crash, fatal, injury, killed, missouri, missouri truck accident lawyer, myers, tractor-trailer, wrongful death Posted in Missouri Truck Accidents, MO Truck Accidents, Semi-Truck Accident Injuries, Truck Accident Advice, Truck Accident News, Truck Accident Settlements | No Comments »
Post Date: July 18th, 2011
As a truck accident attorney in Missouri, I meet many people affected by negligent truck drivers. Currently the commercial trucking industry nets over $600 billion dollars a year and that number is expected to almost double by the year 2015. Even as the current trucking industry is booming, tractor-trailers create hazardous conditions for Missouri drivers. According to the United States Department of Transportation, more than 500,000 truck accidents happen nationwide each year. Out of this number, nearly 5,000 of these accidents result in death. With the increasing hazards commercial trucks have on other drivers, here are some ways to avoid trucking accidents.
- When you are near a tractor-trailer, use extra caution and stay alert.
- If you are near a commercial truck, give them plenty of room to turn or navigate through construction zones.
- When the weather is bad, give tractor-trailers more room on the road. Weather can limit the acceleration, stopping, and maneuvering of commercial trucks.
- Try to avoid driving in a tractor-trailer’s blind spots, so they know you are on the road.
- Always give the commercial truck enough room when you’re passing them.
When you see a truck driving badly, you can usually see a phone number to call that is posted at the back. If you see an erratic or negligent driver, Missouri truck accident attorneys advise that you report the driver. Even though it is much safer to have a passenger in your vehicle to make the call, it is important that negligent drivers need to be reported because they could endanger many other lives.
No tractor-trailer accident is the same. Tractor-trailer accidents can happen when a driver is fatigued or makes bad decisions; when a commercial trucking company chooses not maintain their trucks or use faulty equipment; and when they choose to put the public’s safety behind making a profit. If the commercial trucking company has injured you by a negligent truck driver or because of negligent decisions, please contact an experienced Missouri truck accident attorney immediately. The longer a tractor-trailer accident victim waits to hire an attorney, the less evidence that will be available to fight for compensation. Call 888.956.2487 to speak to one of our experienced Missouri truck accident attorneys about your tractor-trailer accident injury claim.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: federal motor carrier safety regulations, fmcsa, injury, missouri, missouri truck accident lawyer, mo, myers, tractor, truck, wrongful death Posted in Fatigued Truck Drivers, Maximizing Truck Accident Settlements, Missouri Truck Accidents, MO Truck Accidents, Semi-Truck Accident Injuries, Truck Accident Advice, Truck Accident News, Truck Accident Settlements | No Comments »
Post Date: July 17th, 2011
 Photo courtesy of STL Today
A fiery Saint Charles County Missouri crash between a gas tanker and a Missouri Department of Transportation (MoDOT) truck shut down the westbound I-70 traffic on April 1, 2011 at 11:05 am. The driver of the MoDOT truck, 39-year-old Brian Heintzelman of Winfield, Missouri was controlling traffic for a road repair crew when his 2009 International Star truck was struck by the gas tanker truck. The driver of the gas tanker, 42-year-old Mark Schutzback of Nokomis, Illinois, has been issued a summons for careless and impudent driving. MoDOT employee, Heintzelman, suffered minor injuries in the crash and was taken by ambulance to St. Joseph Health Center.
As a result of the accident, the I-70 was closed down until 4:30 pm. Clean up crews spent hours taking fuel from the gas tanker. The crash happened right before the National Workzone Awareness Week, which was established by the Federal Highway Administration (FHA). This year’s Awareness Week began on the 4th of April and will end on the 8th of April. The theme for this year’s National Workzone Awareness Week is “Safer Driving. Safer Work Zones. For Everyone.” According to the Federal Highway Administration, 85% of work zone fatalities are not road crew employees but drivers and passengers. Although more drivers and passengers are injured or killed in work zones, safety for workers is important too. Just in 2009 there were 667 highway work zone deaths and more than 40,000 Americans were injured.
As a Missouri truck accident attorney, I’ve ready many reports of road crew workers for MoDOT being injured. I’m happy to report that Heintzelman only suffered minor injuries, but the negligence of Schutzback cannot go ignored, as the truck accident is clearly the result of negligence. Victims of a Missouri truck accident might not think about filing a lawsuit immediately after a crash, but several medical bills later they call an experienced truck accident attorney. Don’t wait until the medical bills start piling up from your truck accident injuries, call 888.956.2487 to schedule a free consultation to discuss your claim and learn your rights as a Missouri truck accident victim.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles truck accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: federal motor carrier safety regulations, fmcsa, missouri, MoDOT, tractor-trailer, truck accident settlements Posted in Missouri Truck Accidents, MO Truck Accidents, Semi-Truck Accident Injuries, Truck Accident Advice, Truck Accident News | No Comments »
Post Date: July 15th, 2011
A 15-year-old Turley, Oklahoma boy suffered serious injuries on Tuesday night in a truck accident hit-and-run near Springfield, Missouri. The Missouri truck accident occurred around 10:50 p.m., when the teenager was walking along the shoulder of Interstate 44 west of Springfield. Apparently, the tractor-trailer struck the boy and then struck a red tow truck before leaving the scene of the accident heading West. According to the Missouri Highway Patrol, the tractor-trailer was white and hauling a trailer. It is believed that the tractor-trailer may have red paint marks on it from its collision with the tow truck. The teenager remains in the hospital although there has been no update on the extent of his injuries.
According to Missouri law, the truck driver was legally obligated to stop and help the victim while waiting for emergency officials to arrive. In Missouri it is illegal for anyone to leave the scene, which is damage to persons or damage to property. Because of the truck driver’s negligence and decision to flee the scene of the accident, the driver will face a class D felony when found. In this particular case, it is unclear why the driver left the scene of the accident, but a search is underway for the truck driver. As a Missouri truck accident attorney, I certainly hope that the driver is stopped, especially for the sake of this young victim. A variety of unique legal issues will happen to a truck driver, especially one where the driver left the scene accident. Several parties may be held accountable for this special trucking accident like the trucking company.
If you or a loved one was involved in an accident with a commercial truck, call an experienced truck accident attorney. Accidents that involve negligence and serious injury or death should not be ignored. Call 888.956.2487 to speak to an experienced Missouri truck accident attorney and let us help you pursue the compensation you deserve. Our attorneys protect the rights of truck accident victims because the trucking industry is only concerned about their bottom line.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: collision, driving, hit and run, injury, missouri truck accident lawyer, myers, tractor-trailer, wreck Posted in Missouri Truck Accidents, MO Truck Accidents, Pedestrian Truck Accidents, Semi-Truck Accident Injuries, Truck Accident News, Truck Accident Settlements | No Comments »
Post Date: July 14th, 2011
When a tractor-trailer driver is distracted, they can cause serious injury and property damage. As a Missouri truck accident attorney, I was disappointed that a tractor-trailer had overturned and killed livestock. A tractor-trailer overturned near Buck Creek, Missouri, on January 2, 2011. Highway 67 was blocked by the overturned tractor-trailer, which disabled the highway for seven hours, disrupting traffic. The trailer of the truck was filled with cows, but many were killed instantly.
At this point, investigators have not said what caused the truck to overturn and trailer. According to the forecast for that day, there was no fog, rain, or snow to contribute to the truck accident in Missouri. Truck accident attorneys often see incidents caused by distracted tractor-trailer drivers because of text messages or talking on mobile devices. It is unclear whether the distraction contributed to cause this accident. Fortunately, no other vehicles were involved and the driver of the truck escaped without serious injuries.
If you see a tractor-trailer driver swerving or driving erratically on the road, you should contact the authorities before someone is seriously injured. Responsible citizens must be careful to protect each other and tired truckers. If you or someone you love has been injured by the negligence of a truck driver or the company they work for, please call 888.956.2487 for a free consultation and let us help you through this difficult time.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles tractor-trailer accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: collision, distracted driver, injury, missouri truck accident lawyer, myers, truck accident, truck accident settlements, wreck Posted in Missouri Truck Accidents, MO Truck Accidents, Truck Accident Advice, Truck Accident News, Truck Accident Settlements | No Comments »
Post Date: July 13th, 2011
Research conducted by the Missouri Department of Transportation confirms what Missouri truck accident attorneys have suspected for a long time. The recent research proves the relationship between a truck driver’s safety record and his or her risk of being involved in a Missouri truck accident. The outcome of the research confirms that commercial trucking companies need to exercise caution when screening potential truck drivers for employment.
The research data, which involved over 580,000 truck drivers, was gathered over two years. The data that was collected only involved the information that could increase a truck driver’s accident risk by over 50%. The study concluded with some interesting findings:
- A truck driver’s failure to use the proper signals while on the road were linked to an increase in a truck driver’s accident risk. Failure to use signals increased a driver’s risk by 96%.
- A similar increase in a truck driver’s accident risk was previous violations for improper passing, which increased a truck driver’s risk by 88%.
Other risks that increased the risk a truck driver would cause a Missouri truck accident:
- Improper turn violations/convictions – 84%
- Improper lane change violations/convictions – 80%
- Improper lane/location violations/convictions – 68%
- Failure to obey traffic signs/signals violations/convictions – 60%
- Speeding violations/convictions – 67%
- Reckless driving violations/convictions – 64%
According to the Missouri Department of Transportation, there was an increased risk of Missouri truck accidents by 64%. The newest research contradicts the 2005 crash report, which stated that a truck driver with three violations or convictions actually doubled the Missouri truck accident risk. By looking a truck driver’s accident safety history, which includes any traffic violations, commercial trucking companies could eliminate potentially dangerous drivers’ from their staff.
There are many other factors that must be taken into account in the event of a Missouri truck accident. The fault of a truck driver is one of the major factors, but truck insurance companies will try to limit the amount paid out to the victims, so it is important that you do not leave it up to the insurance company. The services of an experienced truck accident attorney in Missouri are important so your rights are looked after in the event of an accident. Call 888.956.2487 to speak to one of our experienced truck accident attorneys and learn what your rights are as a victim.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: missouri truck accident lawyer, truck accident, truck drivers Posted in Missouri Truck Accidents, MO Truck Accidents, Truck Accident News | No Comments »
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