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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: August 13th, 2010
As a Missouri truck accident lawyer, one of the first things I do when I am retained on a semi truck accident injury case, is to send out a preservation of evidence letter. Tractor trailer accident cases are much different that a car accident case. In fact, not only do most individuals not realize this, but most attorneys fail to even realize this if they do not specialize in tractor trailer cases. Although the preservation of evidence letter can be used in any type of case, it is most prevalent in eighteen wheeler accident injury cases. This is because the Federal Government has enacted the Federal Motor Carrier Safety Regulations, which governs almost every aspect of the truck company and the truck driver’s operations. One of these aspects is that it requires them to keep an enormous amount of paperwork. However, there are time limits on how long they are required to keep this paperwork. In fact it is common for truck companies to flag files where their truck driver has been involved in a bad semi truck crash. If they have not received any letter requesting that they preserve the evidence, they will destroy it at their soonest availability. Generally, these time limits expire within six to twelve months.
Often times, a victim of a truck accident crash has not even completed their treatment within that time frame. Thus, the last thing on their mind is sending in any type of paperwork to the truck company.
On the other hand, our firm obtains the highest truck accident settlements when we are retained just shortly after the truck crash. This way we are able to send the letter to the truck company, the truck driver, and their liability insurer identifying every type of document we want them to preserve. That way, if we need to wait a year or two before filing suit, those documents will be there. And if the truck company destroys them any way, then we are entitled to have the judge ultimately instruct the jury that the truck company destroyed the documents because they were very harmful. Of course, this is a huge advantage for our side and makes the jury very suspicious of the truck company and generally serves to increase the recovery. Additionally, truck companies are dealing with all types of lawyers in numerous cases every day. They are able to sort out very quickly those lawyers who know what they are doing from those that don’t. By immediately sending a very detailed preservation of evidence letter, we are also letting the insurance companies know that we are a force to be reckoned with.
So if you have been injured in a truck crash, make sure that you are consulting a lawyer who specializes in these types of cases. If you have already retained a lawyer make sure that they have already sent out a preservation of evidence letter. If they have not, you may want to think twice about continuing to be represented by such an attorney.
Joshua P. Myers is the President of Myers Injury Law, LLC and a founding partner of Schultz and Myers, LLC. Based in St. Louis, Missouri, the firm exclusively handles severe personal injury cases with an emphasis on trucking accidents throughout all of Missouri and Illinois. All fees are contingent upon the firm recovering. Therefore, there is no retainer fee required and no bills sent throughout the case. Rather, the firm’s fees will be taken as a percentage of the recovery. If there is no recovery, then nothing is owed to the firm. It is always free to discuss your case by calling 877-SUE-TRKS (783-8757).
 Posted in Uncategorized | No Comments »
Post Date: June 2nd, 2010
Semi-Truck Accident – Multi-Car Wreck At I-55 and McNutt in Herculaneum, Missouri
Tragically, a number of families’ lives were forever changed today. At approximately 12:30 pm, a truck driver slammed into the rear of a car stopped in traffic and practically ran it over and continued on into other cars. Pictures of the scene show how devastating the destruction was.
 The crash left some cars unrecognizable Initial reports are that the truck driver was coming up behind stopped cars and never hit its breaks. The truck driver has not yet been charged in the case, but the police have said the investigation is ongoing. As an experienced Missouri Truck Accident Lawyer, I highly expect that the driver will be charged in this case. The fact that has not been charged is normal because the Highway Patrol is still conducting their accident reconstruction investigation.
Not only do I think that the driver should be charged, but I think that he and his truck company should be held liable for the havoc they have wreaked. One person was killed in the wreck and three others were seriously injured.
My firm specializes in serious personal injury cases with an emphasis on tractor-trailer wrecks. It is my firm belief that in cases of semi-truck crashes, there is no such thing as “just an accident”!
First, truck drivers have a higher responsibility to obey all rules of the road and be as safe as possible. The reason is because they driver hours on end and can be prone to “highway hypnosis”. Second, by virtue of their size, the destruction they can cause is much more substantial. If truck drivers are going to hold themselves out as “professional drivers” they must act in such regard. Initial reports have listed Angela Baiter as a witness to the accident. Another witness is listed as stating that she never heard the sounds of brakes. So did the driver ever even hit the brakes? Just damaging from the destruction – probably not.
However, this can be determined for certain if the black box data is downloaded from the truck. Like a plane, most semi-trucks have an electronic control module (ECM), or “black-box” which records all of the truck’s actions in the moments leading up to the crash (read more about this in my prior post about getting the black-box data). As a Missouri Semi-Truck Accident Lawyer, one of the first steps our firm takes in these types of cases is to get a court order to quarantine the truck and allow a specialized expert download the data from the truck’s computer. It is essential to do this as soon as possible because the ECM will constantly record over itself. For this reason, insurance companies often try to get the truck back out on the road as soon as possible so it can record over this data. Once it is gone, it is gone forever.
Beyond that, there is probably much more to this story. What most people don’t know is that the federal government has an extensive set of safety regulations that govern virtually every aspect of trucking operations. As the name implies, these regulations have one purpose – safety. However, I would be willing to be that this wreck occurred, not because it was a simple accident, but because of an unsafe driver hired by an unsafe truck company, both of which had a history of violating safety regulations. It is the discovery of these violations that help bring justice and hold the company accountable, not only for what they should pay to the families involved, but also pay to the community in the form of punitive damages. Of course, the truck companies and the insurance companies behind them very aggressively fight to prevent disclosure of these documents. That is why they have to be taken to task and fought every inch along the way to hold them fully accountable.
Joshua P. Myers is a Premier Missouri Personal Injury Lawyer. He is a founding partner of his law firm and also the President of Missouri Injury Law, LLC. His firm specializes solely in severe and catastrophic injury cases with an emphasis on commercial motor vehicle collisions (Semi-Truck Wrecks) – click here for his Missouri Truck Accident Website. He is a member of the Multi-Million Dollar Advocates Forum – membership is limited to only those top attorneys who have achieved multi-million dollar recoveries in a single case. Based in St. Louis, MO, his firm handles cases throughout all of Missouri and Illinois. He can be reached toll-free at 888-956-2487. It is always free to discuss a potential case and there are never any upfront fees to retain his firm. Rather, attorney’s fees will be taken as a percentage of the recovery and the firm will also front all case expenses.
Tags: black box, truck accident, wrongful death
Posted in Hannibal, Missouri Truck Accidents, Semi-Truck Accident Injuries, Uncategorized | No Comments »
Post Date: March 14th, 2010
Recently, a truck accident settlement was obtained on behalf of a 2-year-old girl for the death of her father. Her father was 27-years-old at the time. He was driving down the road when a tractor-trailer truck pulled out of a driveway and caused the collision. The defense claimed that the young man was to blame for causing the wreck. They said he was speeding. Ultimately, however, they settled the case for $1.4 million.
First, my heart goes out to this young girl. She is listed as the sole survivor. Thus, I assume that there were no other siblings and no spouse. I can only hope that she has a very strong family around her that will raise and love her.
From a legal perspective, the case was brought on a wrongful death theory. In wrongful death cases, the claim is not brought on behalf of the person who died (the decedent), but by a surviving family member. In cases of young children, the amount of the truck accident settlement should take into count, not only the loss of a mother or father, but also the loss of financial support until adulthood. This generally requires expert witnesses such as an economist and possibly a vocational expert.
In this case, I can only assume that there might be some truth to the defense’s argument that the young man was speeding. The defense could have used this as leverage to lower the settlement amount. The only reason I assume this is because, on its face, $1.4 million for a 2-year-old girl who lost her father seems small. However, there are many facets that determine each truck accident settlement. These can include other extraneous facts such as the venue of the case.
Joshua P. Myers is a St. Louis, Missouri Truck Accident Lawyer. Handling cases throughout all of Missouri & Illinois, our firm strives to be the best truck accident lawyer for your case. If you would like to speak with a premier truck accident lawyer regarding a case, feel free to call Josh Myers toll-free at 877-783-8757. It’s always free to discuss your case and there are never any attorney’s fee until and unless we recover on your behalf.
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Post Date: February 8th, 2010
As a Missouri truck accident lawyer, a very common injury I deal with in negotiating a truck accident settlement is the herniated disc, bulging disc, slipped disc, and/or pinched nerve. These terms all refer to the same condition in which the disc structure itself is injured and pushes out and presses on the nerves that exit the spinal cord and into the arms and legs. These structures can be injured whenever you have any type of whiplash motion. They are often very common in 18 wheeler wrecks because of the forces that are involved in those crashes. A common question I often get pertains to the value of a Missouri truck accident settlement with these types of injuries. Simply put, a herniated disc is our bread and butter and they often result in six and seven figure settlements. In fact, we just recently had a Missouri truck crash settlement of two million dollars, another for nine-hundred thousand dollars and another for five and half million dollars. The first two involved only herniated disc injuries. The last one obviously involved much more.
WHY ARE HERNIATED DISCS WORTH SO MUCH IN A TRUCK ACCIDENT CASE?
There are several reasons: First, a herniated disc (bulging disc, pinched nerve and slipped disc) is a very serious injury. In fact, it is much more serious than many people think. Whenever you have a structure that is pressing on the spinal cord or a nerve root which is exiting the spinal cord is a recipe for disaster. There are conservative treatments which can help lessen the symptoms, but ultimately, the end result is generally surgery. Obviously, back surgery is a serious proposition and one that the insurance company should fairly and fully compensate you for. The second reason is that truck companies have a large amount of insurance. I handle tons of car accident cases which result in herniated discs and/or back surgeries, but they generally don’t settle for near as much because individual generally don’t carry insurance over $300,000.00. Many times it’s as low as $20,000.00. This is generally not the concern with truck companies.
WHY ARE WE ABLE TO GET SUCH HIGH TRUCK ACCIDENT SETTLEMENTS?
The reason we are able to get such high Missouri truck accident settlements is because of our extensive knowledge of the Federal Motor Carrier Safety Regulations. These regulations govern virtually every aspect of the trucking business. They pertain not only to the truck company, but also to the driver. Many times we find that truck accidents are caused because of one or more violations of the safety regulations. When we can show numerous violations, as well as a consistent pattern, this gives us a very good argument for punitive damages, which of course increases the value of the claim.
If you’ve been injured in a collision with a semi truck (eighteen wheeler) and would like to discuss your claim with a premier Missouri truck accident attorney, please feel free to call Josh Myers toll free at 87-SUE-TRKS (877-783-8757). Although based in Missouri, he handles claims against trucking companies for serious injuries across the United States. It is always free to discuss your case and there are never any fees until and unless we recover on your behalf. Additionally, our firm will also front all case expenses which will only be reimbursed out of settlement if we prevail.
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Post Date: January 15th, 2010
As a Missouri and Illinois tractor trailer injury attorney, I am often astounded at the number of attorneys who do not aggressively pursue punitive damages in tractor trailer truck accident cases. The fact is tractor trailer truck drivers are professional drivers and should be held at a higher level of care. However, many attorneys handling these cases are inexperienced and have not handled enough of them. They think that punitive damages are reserved only for claims where the truck driver was drunk or high on drugs. The truth is, there is a small group of elite tractor trailer lawyers throughout the nation who realize that punitive damage claims should be made a part of every tractor trailer case. This is because it is often not the conduct of the responsible truck driver which leads to the wreck, but rather the negligent acts of the trucking company. However, this is never discovered because many lawyers do not understand how to fully use the Federal Safety Regulations in these cases. The US Government has enacted Federal Safety Regulations which govern virtually every aspect of a truck company’s operation. This ranges from their evaluation of new truck drivers to how often they dispatch their truck drivers. Quite frankly, in all of my years, I am yet to be involved in a tractor trailer truck case where the truck company has not committed at least several violations. The law is the same in virtually every state that violations of these Federal Safety Regulations are a basis for punitive damages. More importantly, these regulations hold that the truck company is ultimately responsible for their driver’s actions. Thus, even if it is the truck driver himself who is committing all of the violations, the truck company is on the hook because they are responsible for constantly reviewing and evaluating the driver’s job performance. Thus, if the truck driver is consistently violating the regulations, it is the truck company’s duty to catch those violations. However, they hardly ever do and this leads to a great claim against the truck company for continuing to employ the truck driver.
The bottom line is this. If you’ve been injured in a semi truck crash, you need to hire a truck accident lawyer who’s intimately familiar with DOT Federal Motor Carrier Safety Regulations. This is the only type of lawyer who will understand the importance of investigating whether the truck company violated any safety regulations. I am a firm believer that tractor trailer truck collisions are not just accidents. Rather they are avoidable circumstances that occur only because someone broke established safety rules.
Joshua P. Myers is the owner and President of Myers Injury Law, LLC. Based in St. Louis, Missouri, he routinely handles tractor trailer, semi truck, eighteen-wheeler crash injury cases throughout the Midwest. If you have been injured in a crash with a semi truck, feel free to call toll free at 877.783.8757. It’s always free to discuss your case and there is never any attorney’s fees until and unless we recover on your behalf.
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Post Date: October 26th, 2009
I am currently involved in a Missouri truck accident case in which our client suffered a herniated disc in both the cervical (neck) and lumber (low back) spine. It has been nearly three and half years since the accident and my client is still in daily pain despite the three surgeries he has had to go through. Recently, the opposing attorney and I went to his treating pain management doctor’s office to videotape him so we could play it in front of the jury. I spent about forty-five minutes having the doctor discuss my client’s various injuries and how that snowballs into every other aspect of his life. Ultimately, the doctor concluded that as a result of this Missouri truck accident, my client has developed severe chronic pain which affects him in every aspect of his life and will prevent him from ever returning to work.
After I was done with my questions, the defense attorney began asking my client about a prior back injury my client had. I know that the truth is he suffered a previous work injury for which he received treatment and then returned to work without any continuing problems. In fact, the doctors ran an MRI of the spine for this previous work injury which did not show any herniated or bulging disc. However, the MRI taken after my client’s wreck with the commercial motor vehicle did show a herniated sick in the low back. It also showed some degenerative conditions which are commonly referred to degenerative disc disease. Throughout the deposition, the defense attorney tried to muddy the waters by insinuating that my client’s current back problems were from degenerative disc disease which is something that he had prior to this Missouri semi truck accident. Luckily, our doctor was not to be fooled and I think he did a good job of explaining the difference.
A herniated disc occurs when the discs, the spongy shock absorbers between the vertebrae, are injured and begin to bulge out and press upon the spinal nerves which flow out of the spinal canal and into the body. This pressure on the nerves can cause a variety of symptoms including pain, numbness, weakness, and bladder problems. Generally, there has to be some type of traumatic event for a disc to herniate. However, it doesn’t take much and I’ve heard many doctors talk about the fact that even a single sneeze can cause a herniated disc.
Degenerative disc disease, however, is something much different. First of all, it is not a disease at all, but rather an existing natural aging process that all of our bodies go through. Several natural changes, including the loss of water content within the disc, known as desiccation, and also refer to the loss of space between the disc vertebrae, known as disc hype. However, there is nothing about either of these changes that necessarily causes pain and in fact most people who have degenerative disc changes do not even realize it.
The bottom line is disc herniations are also caused by an acute traumatic event and can result in a number of severe symptoms. By contrast, degenerative disc disease is nothing more than the natural changes our discs and spine go through as we get older and there is no necessary correlation to causing pain. Luckily, I have developed a great working knowledge of neurology and orthopedics as they pertain to the spine and disc injuries. I knew exactly how to have the doctor point out the differences between the two conditions. More importantly, I was dealing with the doctor who was caring for his patient and didn’t mind taking the time to educate the jury in order to dispel the defense’s condition.
To be a great Missouri truck accident attorney, you have to have superior knowledge, not only of the law, but also of medicine. If you’ve been involved in a semi truck collision and would like to speak with an experienced semi truck wreck injury lawyer, contact us at 877.783.8757. It’s always free to talk about your injury case and there are never any fees until we collect on your behalf. Additionally, because many of our clients have suffered severe injuries as a result of their wreck, we often make arrangements to come visit you.
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Post Date: August 28th, 2009
A fatal accident occurred on Tuesday, August 25, 2009, on Interstate 55. The accident occurred when a semi truck tractor trailer drove into the rear of a Volkswagen. There are no further reported details as to whether traffic in front of the 18-wheeler had stopped or whether it was still moving. Tragically, a female passenger in the Volkswagen was killed in the collision. Additionally, the Volkswagen driver was seriously injured. The driver of the semi is reportedly uninjured. Additionally, there were three other cars involved in the wreck and their occupants are being reported as having minor injuries. Additionally, multiple vehicles burst into flames at the crash and several people had to be taken away on stretchers.
This tragic accident illustrates what can happen when truck drivers are not paying attention. As a Missouri truck accident lawyer, the first thing I would do in this circumstance is to send an evidence preservation letter to the truck driver’s company. Experienced St. Louis personal injury attorneys know that this is critical because we can then download the truck’s black box data. The black box data will give us information regarding exactly what the truck driver was doing in the seconds leading up to the crash. For instance, we could find out if the driver was a habitual speeder, what speed he was going at the time of the crash and whether he ever hit his brakes before the crash.
Obviously our hearts and prayers go out to the families of all those involved in the crash.
If you have been injured in a truck accident and would like to speak to a St. Louis truck accident attorney, feel free to call us at 888-956-2487. It is always free to talk about the case and there are never any fees unless and until we recover on your behalf.
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