St. Louis Personal Injury Attorney Blog

Look Both Ways Before You Cross

2012-02-24T08:21:00.000-08:00

"Look both ways before you cross."-- Who can forget Mom's advice? And what sound advice it was. But even when one looks both ways, tragedy can still strike. Every year pedestrians are injured or killed in and out of crosswalks all over the world. Sometimes as a result of negligence on the part of the driver and/or the pedestrian. In other cases, it's an unfortunate obstruction such as a tree or a bend in the road that may hinder one's ability to negotiate how quickly a car is traveling; resulting in tragedy.

In one recent case, a young man at Missouri University of Science and Technology was hit by a car while attempting to cross highway 63 in Rolla. A four lane highway with speeds exceeding 60 mph in city limits. Luckily for the young student, he suffered only minor injuries and left the ER that night. Sadly though, the whole thing could have been prevented if the student were to have utilized the underground crosswalk that had been built in the wake of a tragedy on the same stretch of road 20 years prior.

Infrastructure evolves around us. It is constantly adapted to suit our safety and function. Many times crosswalks and pedestrian tunnels have sprung up as a result of tragedy. It would be a shame if that tragedy were to occur again when remedies have been put in place to prevent it.

So, like Mom always said, "Look both ways before you cross."-- with the added amendment: "…and if you see a crosswalk; use it!"

How Tort Reform Affects Your Medical Malpractice Case

2012-02-21T10:37:00.000-08:00

Finding an attorney to represent you with your medical malpractice case can feel frustrating, and rightfully so. As a result of the recent tort reform, legislation has made it more difficult for an injured person to pursue a lawsuit sine jury awards are now "capped" at a maximum of $350,000 for pain and suffering over the course of a lifetime. This means that unless there are substantial damages for future medical care or lost income resulting from disability, that the damages that a court can award, may not justify the tremendous expense of expert witness fees and extensive depositions that are necessary to prove the case.

The reason for the change is that legislators felt that surgeons, pharmacists, and doctors were too often subjected to frivolous lawsuits, and so they set in motion a tort reform that changed the way medical malpractice cases were dealt with. While the tort reform affected frivolous lawsuits; it also made it much more difficult for the victim to receive the compensation that they deserve.

We cannot recommend that an injured client pursue a case where two-thirds or more of the recoverable damages may be consumed by the need for expensive expert witness fees, lengthy discovery, and attorney fees. This is the primary reason that the Missouri Superintendent of Insurance reported that following the tort reform legislation of 2005, the volume of newly filed medical malpractice cases dropped more than 50%. Many law firms that formerly specialized in defending malpractice cases have reduced their staffs or gone out of business. Lest anyone think this was caused by lawyers filing frivolous suits, you should know that insurance companies continue to charge doctors high premiums for their malpractice coverage, despite the dramatic drop in claims. Until this becomes common public knowledge and consumer groups begin lobbying the Missouri Legislature to change the law, many injured patients will not receive any justice.

New Transportation Rules Preventing Driver/Pilot Fatigue Don’t Go Far Enough

2012-01-17T10:14:00.000-08:00

As discussed in an earlier blog post, driver fatigue plays a role in far too many truck and plane crashes and is one of the greatest threats to transportation safety. Every year both truck driver and pilot fatigue contribute to thousands of crashes and deaths in the trucking and aviation industries.

As I state on my website, despite federal “in service” regulations put in place to ensure drivers do not drive while sleep deprived, “less principled companies do cut corners and ‘overlook’ the hours-of-service regulations that legally limit the number of hours that a trucker can drive per week. As a result, 40-ton commercial tractor-trailer rigs are being operated on our highways by sleep deprived drivers every day.” The ramifications of this negligence are staggering: The Highway Traffic Safety Administration estimates that 30% of the deaths and 70% of highway injuries are the result of negligently operated trucks by fatigued drivers.

Just as serious, but less reported in the media is pilot fatigue. However, pilot fatigue is now in the news. As you may have heard reported, in December 2011 the Federal Aviation Administration announced new rules to reduce potentially dangerous pilot fatigue .

An editorial recently published by USA today is highly critical of the new transportation rules for both trucking and aviation. The editorial claims that while the new rules are more realistic, they fall short of what is truly needed.

As a personal injury lawyer, I agree the new rules don’t go far enough to protect the drivers, pilots, passengers and bystanders that have been seriously injured by driver and pilot fatigue. It is important to keep pushing this issue until rules are in place that truly protect the roads and airspace, and ensure that companies follow the regulations.

Take care and be well ~ Stephen Glassman, St. Louis personal injury attorney.

Ask me any personal injury question on Twitter @GlassmanLegal and I will get back to you. Or “like” our Facebook page or Google Plus page for news and information.

Glassmand Law Firm Welcomes Attorney Maria Sanchez!

2012-01-13T10:01:00.000-08:00

The GlassmanLaw Firm warmly welcomes former Assistant US Attorney Maria C. Sanchez to ourteam as our newest associate. Born in Cuba, she immigrated to the United Stateswith her family in the 1960’s. She received her BA from University ofMissouri-St. Louis and her JD from University of Miami School of Law.

Her full bio is on our website here: http://glassmanlegal.com/sanchez-maria.html

We are thrilled to have her as an addition to our team!

StephenGlassman, St. Louis Personal Injury Attorney

Are Personal Injury Lawyers Better than Quick Insurance Settlements in Today’s Economy?

2012-01-13T09:51:00.000-08:00

Question: I’ve been seriously injured in an accident. Should I take the quick cash settlement from the insurance company?

Answer: As a St. Louis personal injury attorney, I have noticed a disturbing yet understandable trend. Many individuals who have been seriously hurt in an accident forgo hiring a personal injury lawyer and instead accept a quick cash settlement from the insurance company. To answer this complicated question that many injured individuals are facing, we need to explore the current economic climate, and understand what happens when an insurance settlement is accepted.

If you have been in a serious accident such as a car accident, truck accident, or have sustained other serious personal injury caused by negligence of others, you will most likely find yourself working with an insurance company. Often they will offer you quick cash settlement. Many Americans have felt the pain of the recession and the current difficulties of living in an economy that just can’t seem to recover, so the temptation is to accept this quick and easy settlement. (Read this recent article on “theeconomiccollapseblog.com ” titled, 50 Economic Numbers from 2011 That Are Almost Too Crazy to Believe” if you need statistical detail regarding the difficult economic conditions many Americans currently face.)

Given the statistics above, and adding ongoing medical bills and lost time from work to this economic pain, it is not surprising that families with significant injury claims accept the quick settlement. They forgo hiring a personal injury attorney, who may take a year or more to achieve full and fair compensation for them, in favor of quick cash, in order to move past the traumatic aspects of the accident and move on with their lives.

However, it is vital to bear in mind the insurance adjuster represents the insurance company, not the injured person. His job is to settle as quickly and cheaply as possible, before the injured person has an opportunity to consult with an experienced personal injury lawyer who can help him fully and fairly evaluate the injury, its effect on his life, and the full value of the case.

In these tough economic times, insurance companies typically offer less to needy injury victims than in prosperous economic times. They know that people who are facing more hardship may make more desperate decisions. When dealing with an unsuspecting and unrepresented victim of a serious injury, an insurance adjuster has no obligation to disclose anything to the injured party concerning the long-term effects of the injury or the likely future care and costs of treatment.

Insurance adjusters who offer cash settlements will pay a significant amount less than the claim value, if that. To add to the pressure to settle, professional claim adjusters will often discourage an injury victim from seeking legal representation by informing him that he'll typically have to pay a lawyer 1/3 of his settlement, and asking, "Why give your money to a lawyer when we're willing to pay your claim now, without any legal fee being deducted?”

This fraudulent approach implicitly assumes that an expert personal injury lawyer would not be able to achieve a higher settlement for the injury victim than he could obtain for himself by dealing directly with the adjuster, a fact disproven by every study conducted on the subject.

So, in the short term, it is understandable why accepting the high-pressure insurance settlement seems like the “right” thing to do. But note this very important fact: once an insurance settlement is reached, your case is over. There are very few exceptions to this rule.

Here’s the rub: what if the short-term settlement is not enough in the long run? How could you know for sure that you and your family would have what you need? Recall that insurance adjusters will typically offer a quick settlement for a sum that, while perhaps sounds like a reasonable amount for the injury victim's current out-of-pocket expenses, may only represent 25-50% of the claim's true ultimate value. You do not want to be faced with unexpected financial surprises after you have already accepted the insurance money and your case is closed.

A qualified personal injury lawyer will determine the case’s true ultimate value by conducting a comprehensive analysis of how the injury has, and will in the future, affect the victim's life. A fully investigated case will ensure proper compensation is reached. Without ever investigating the long-term ramifications of injury, future treatment, recurrent and/or residual medical issues, risks, and costs, the victim of an injury is not only operating in the dark, but at a decided disadvantage when negotiating with claim representatives who are trained to know what the future is likely to hold for the injured person.

Now that we have explored this question in depth, I hope all the facts point to the importance of finding and consulting with the most ethical and experienced injury lawyer before settling with the insurance company. A personal injury lawyer can give those who have serious injuries the legal support they need to be fully compensated for their pain, suffering, disruption of life, both past and future costs of treatment and loss of income or livelihood. In fact, our firm would not even accept an injury case unless we were certain that our representation would result in a higher net settlement (after fees), than the injury victim could achieve on his own.

I know how to fight the insurance companies. Beware the tempting quick cash settlement. Consult with a personal injury lawyer before you settle, and know your rights.

Please contact me with personal injury questions anytime. I am here to help you and your family through difficult times.

Take good care- Stephen Glassman, St. Louis Personal Injury Attorney.

Ask me any personal injury question on Twitter @GlassmanLegal and I will get back to you. Or “like” our Facebook page or Google Plus page for news and information.

Huge Trucking Accident Verdict Highlights Trucking Company Failures

2011-12-19T11:09:00.000-08:00

We all know that people travel more over the holidays, many using our interstates to travel to see their family and loved ones. This holiday season, in addition to ensuring you drive safely, truck drivers and trucking companies need to do their part to ensure their drivers are well qualified and operating their tractor-trailers safely and within the law. All too often, this is tragically not the case.

As a Missouri trucking accident attorney, I was interested to learn about the trucking accident case described here:.

A Missouri family was recently awarded a $7 million dollar verdict over a fatal tractor-trailer crash. This verdict was rendered against the trucking company for its driver’s negligent failure to drive in his lane, and the company’s failure to properly investigate and train its employee. The article states that the tractor-trailer driver was “overtired, wasn't qualified, wasn't trained and had two previous license revocations that should've prevented him from getting the job.” The fatal truck crash occurred less than three weeks after the trucking company hired the driver. "[The trucking company] broke every rule in the book with respect to safety and safe driving," the article quotes.

Just what are these rules that the trucking company broke? At trial, a trucking industry expert testified to the multiple failures on the part of the trucking company that the accident exposed:

• The driver never should have been permitted to drive because he had received two license revocations for substance abuse, which disqualified him from driving a commercial vehicle.
• At the time of the crash, the driver lacked adequate knowledge and experience to drive a tractor trailer.
• The trucking company failed to have a training system in place to educate and train truck drivers who lacked experience before putting them on the road.
• The trucking company violated federal trucking regulation FMCSR § 395, by assigning the driver a trip that he could not complete within the maximum allowable hours of service.
• The driver was in violation of the maximum hours of service regulations at the time of the fatal crash.
• The driver falsified his log book to cover up his hours of service violation.
• The trucking company failed to monitor the driver and other truck drivers to ensure compliance with hours of service regulations.
• The driver violated a fundamental rule, FMCSR § 383.113, by permitting his trailer to cross the center line when negotiating a curve in the roadway, which caused the fatal collision.

This list points to inexcusable, systemic failures on the part of the trucking company that led to the fatal crash and justified the jury's outrage, as reflected by its verdict.

This case points to an important question: Just how often are trucking companies in violation of the law? On my trucking accident website I explain this in detail, “Missouri is a prime example of how these trucking companies recklessly disregard the law. In 2005, the Missouri Highway Patrol issued 4,183 tickets to truckers who violated the hours-of-service regulations or driver logbook regulations, and this number does not include the big-rig drivers who were simply let off with warnings instead of citations. Imagine: the Missouri Highway Patrol catches more than 11 semi drivers breaking the law every day!” This practice is damaging, dangerous, and potentially fatal.

It is clear that trucking companies must be held accountable for unsafe trucking practices such as failure to investigate driver’s background, failure to train drivers, and practices contributing to violations of the maximum hours of service regulation. For more information on Missouri trucking accidents, please visit my website: www.glassmanlegal.com. The Glassman Law Firm is dedicated to assisting victims of trucking accidents and committed to making the trucking industry accept responsibility when they violate federal safety regulations.

Video Caption: The Glassman Law Firm investigates not only a truck driver's driving record, but his medical history, in order to assess his fitness to operate a 40 ton, 16-wheeler on the highways of our state.

Be safe and take good care. ~ Stephen Glassman, St. Louis trucking accident attorney

I am also on Twitter @GlassmanLegal. Follow me for timely news and information!

MDOT launches Pedestrian Safety Campaign- 2011 Statistics Show Pedestrian Accidents on the Rise in Missouri

2011-11-17T12:28:00.000-08:00

Photo credit anankkml

According to a recent article, pedestrian accidents are rising in Missouri, worrying officials. The article states, “After just nine months in 2011, the number of pedestrian traffic deaths is nearly equal to those experienced in 2010,” reports the Missouri Department of Transportation. “In fact, during the first quarter of 2011, 21 pedestrian deaths were recorded, compared to nine during the same period in 2010.”

As a St. Louis pedestrian accident attorney I find these statistics disturbing. Why is this happening? The experts don’t know, and it appears there are no patterns to point to the increase. “Slightly more pedestrians died last year on city streets (31) than on interstates or rural stretches of highway (28). And the 941 injuries in Missouri towns were more than triple those on the long-haul routes,” the article states.

Motorists are required to do everything they can to avoid hitting pedestrians. That means slowing down or stopping as they approach crosswalks or intersections where pedestrians may be present. However, pedestrians have a responsibility to use good judgment and do their part to prevent an accident. "It's a two-way street," said Brent Hugh, Executive Director of the Missouri Bicycle and Pedestrian Federation. "Drivers need to watch and drive with care around pedestrians, and pedestrians need to look for cars. Even when the pedestrian has the right of way, that right won't stop an oncoming vehicle."

The article states a few tips on how to stay safe as a pedestrian, “When walking by a road, walk against the traffic; when crossing one, always be aware that your electronic devices may be making you vulnerable. Try to make eye contact with the drivers, but never assume you have been seen when you step out into traffic.”

In fact, the Missouri Department of Transportation (MDOT) has launched a new pedestrian safety campaign on their website with the slogan “Be Safe, Be Seen, Arrive Alive.”

As a pedestrian accident attorney, if you have questions or concerns about a pedestrian accident or pedestrian injury, please reach out to me at www.glassmanlegal.com.

Be safe and take good care ~ Attorney Stephen Glassman, Glassman Legal

Stay up to date with the latest pedestrian accident information by following me on Twitter @GlassmanLegal.