Midwest Injury Blog

Injuries from Second Impact in Car Accidents | St. Louis Car Accident Lawyer

“Second impact” injury in car accident injury cases is a term used in personal injury cases that defines injuries that otherwise would not have occurred or been as severe had there not been some sort of defect with the vehicles design. A more appropriate term that may be used to describe this is “enhanced injury.”

When a second impact injury occurs, it is generally the fault of the manufacturer of the vehicle for failing to use adequate or reasonable care to prevent a driver or passenger from being subjected to an unreasonable risk of injury. To name a few, possible causes of second impact injury can be from a faulty roof, doors, gas tank, steering wheel, and/or seat belt. Among those things, manufacturers are also charged with reasonably preventing items from protruding into the interior of the vehicle which may cause additional injury during a collision or rollover. Also, manufacturers should limit the exposure of sharp edges or seats that easily detach in rear end accidents which can cause further injuries to passengers in the back seat.

In determining whether a vehicle is susceptible to second impact injury it is important to undertake a detailed investigation to determine duty and proximate cause. This includes the vehicles history and an accident reconstruction. If you or a loved has been injured in a car accident, it is important to have all possibilities of injuries investigated. At Henderson & Waterkotte, P.C., our accident injury lawyers explore all possibilities of an accident in order give our clients the best possibility of being fully compensated. There is no legal fee or cost unless we recover compensation on your behalf. Call us today at 314-645-4400 to set up your free consultation.

 

Out of State Insurance Policies in Missouri Car Accidents | Car Accident Laywer St. Louis, MO

A Missouri appellate court has recently ruled that if certain language is present in an insurance policy, an injured person in Missouri does not have the right to claim uninsured motorist coverage if the person responsible for the accident has out of state insurance with policy limits less than $25,000.

For instance, Iowa has mandatory minimum policy limits of $20,000, while Missouri’s minimum amount is $25,000. Therefore, if the Iowa policy explicitly states that it will honor the higher limits of an out-of-state accident, then, according to this most recent ruling, the injured Missouri driver/passenger cannot receive additional compensation through his or her uninsured motorist coverage.

Often, policy language can be the dispute of whether or not an injured individual has the ability to be fully and completely compensated for his or her injuries from the insurance company. This involves complex and detailed analysis of prior case law and of the relevant insurance policy. While this most recent ruling clarifies one portion of the law, there are still many areas that remain unclear. If you or a loved one has been injured in a car accident call the lawyers at Henderson & Waterkotte, P.C. to discuss your options. We litigate every case aggressively and thoroughly and there is no fee unless we recover compensation on your behalf.

 

Taxi Cab Accident in St. Louis

On Friday December 16, 2011 there was a car accident in downtown St. Louis involving injuries to both drivers. One of the vehicles was a taxi cab from ABC Checker Cab. At this time the circumstances of the collision and who is at fault has yet to be released by the St. Louis Metropolitan Police Department. Paramedics were tending to both drivers at the scene.

If you have been injured in a car accident it is important to have someone on your side investigating to determine how the accident occurred. This will allow you to have a stronger basis for negotiating compensation you deserve for having to go through the present and future pain you may be suffering as result of the other driver’s negligence. Call the St. Louis personal injury and car accident lawyers at Henderson & Waterkotte, P.C. to discuss how we can assist you in investigating your accident.

 

Schwinn Elliptical Exercise Equipment Recalled | Missouri Injury Attorney

Recently, there has been a full recall of the 460 model of Schwinn elliptical exercise equipment. The U.S. Consumer Product Safety commission issued the recall due a faulty pedal that may cause those exercising on it to fall and injure themselves. There are approximately 10,000 units of the product that may be faulty. To date there has been one reported serious injury where an individual fell and injured his knee. What happens is that the footplate has the ability to break off, without fault of the person using it, while it is in use. The equipment could be purchased at Dick’s Sporting Goods, Amazon, and several other places between June 2008 and May 2011.

If you or a loved one has been injured while using a Schwinn elliptical machine you have a right to compensation for your injuries. The lawyers at Henderson & Waterkotte, P.C. represents individuals who have been injured by faulty or dangerous products. We offer contingent fee representation where we front the costs and collect no fee unless you recover. Call us today for a consultation at 314-645-4400.

 

Missouri Roads Become More Dangerous for Pedestrians

The Missouri Department of Transportation (MODOT) has found in a study that the rate of pedestrians being struck and killed in car accidents is on the rise. Pedestrian accidents can be caused numerous ways, including a vehicle failing to stop at a cross walk, running a stop light, inattention, or impairment. One of the causes on the rise is when a driver attempts to text message or use their smart phone while driving. Another danger is when individuals park on the side of the road because of a flat tire or other vehicle problems.

Through the end of September there have been 54 pedestrian deaths that were related to car accidents. There were 57 for the entire year of 2010. Whether injury or death it is important to have an investigation undertaken to determine why the accident was caused. Even if the pedestrian was partially at fault, the pedestrian or his or her family may have a right to recover compensation. Remember that is always important as a pedestrian to cross all streets with extreme caution and to turn your flashers on when parked on the side of a road.

If you or a loved one has recently been involved in a pedestrian related car accident, call the accident injury lawyers of Henderson & Waterkotte, P.C. to determine if you have a right to compensation for your losses. We are available 24.7 and do not collect a fee unless we recover compensation on your behalf.

 
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