Schultz & Myers

Schultz & Myers is a personal injury law firm. Headquartered out of St. Louis, Schultz & Myers serves clients throughout all of Missouri, Illinois, and Arkansas. St. Louis Personal Injury Lawyers

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Snapchat Named in Car Accident Lawsuit

Snapchat has come under fire after being named in a lawsuit for its alleged involvement in a car accident in Atlanta. According to reports, a teenager was using a Snapchat filter to share with friends how fast she was driving when she collided with another vehicle.

In a statement from the law offices of Michael Lawson Neff, who is representing one victim of the car accident, the teenage driver admitted she was “just trying to get the car to 100 miles per hour to post on Snapchat.”

Uber Driver Severely Injured in Snapchat Crash

According to the reports, Christal McGee, 18, was driving her Mercedes C230 at 107 mph in a suburb of Hampton, Ga. McGee had recently finished a shift at work, and was driving coworkers home. She took out her phone to use the Snapchat filter, and explained to her passengers that she wanted to post a photo of herself driving fast.

The Snapchat “Smart Filter” displays the speed the user is travelling over the image that can be taken in camera form or as a “selfie.”

A passenger in McGee’s car allegedly saw the Snapchat Filter display 113 mph when McGee decided to post it. Moments later, the Mercedes collided with a Mitsubishi Outlander driven by Uber Driver, Wentworth Maynard.

Maynard was severely injured in the crash, and spent five weeks in the hospital where he was treated for traumatic brain injury. According to his attorney, Maynard continues to suffer chronic pain, difficulties in communication, memory loss, and depression.

McGee and her passengers were also injured by the accident, and treated for cuts and bruises.

Christal McGee posted a Snapchat image of herself from the ambulance gurney with the caption “lucky to be alive.”

Technology in Car Accident Lawsuits

The Snapchat lawsuit is getting a large amount of media attention partly because the app maker is being sued for the actions of one of its users. This concept is certainly a new byproduct of the advancement of technology.

We recently blogged about a similar situation in which one woman was blamed for texting her boyfriend while he was driving. The woman, however, was not in the vehicle with him.

Like the texting and driving case, the Snapchat lawsuit will determine whether outsiders can be held accountable for drivers’ behaviors. What’s remarkable about this case, though, is that it is naming a company rather than an individual, so the outcome will likely be different.

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Missouri Drivers’ “Do as I Say, not as I Do” Attitude

According to the latest research from AAA, Americans are engaging in risky behaviors behind the wheel that they know to be unsafe. Missouri motorists are no exception.

Missouri Drivers Engaging in Risky Behaviors

The study conducted by AAA Foundation for Traffic Safety found that 87% of Americans admitted to engaging in at least one risky behavior while driving. While this is a huge percentage, it’s not exactly a shocking statistic.

What is shocking however, is that many of the same Americans who admitted to engaging in a risky behavior believed that it is unacceptable for other drivers to do so. Sounds a bit like the old adage, “Do as I say, not as I do” that many of our parents said to us when called out on their own bad behavior.

Some of the results shared in the AAA study include:

Distracted Driving

95% said it is unacceptable to text or email while driving

32% admitted to texting or emailing behind the wheel in the last 30 days

Speeding

89% said it is unacceptable to drive over 10mph over the limit in a neighborhood

45% admitted to speeding in neighborhoods in the last 30 days

Drowsy Driving

97% said it is unacceptable to drive while extremely tired or drowsy

32% admitted to driving drowsy in the last 30 days

Red-light Running

94% said it is unacceptable to drive through a traffic light that just turned red

39% admitted to running a red light in the last 30 days

Remember, while categories are separated, this data is not pooled from different sources. A person who marked texting and driving as “unacceptable” for other drivers may have also admitted to doing so during the same survey.

Most Drivers Think They’re Better than Average

AAA explained that “The vast majority of motorists believe they are more careful than others on the road.” This could be why they expect others to follow rules that they themselves do not adhere to.

This is especially surprising given that one in three of the respondents who completed the survey reported that they have had a friend or relative seriously injured or killed in a crash.

Keeping Missouri Roads Safe

At Schultz & Myers, our goal is to make roads safer for our community and for our children. We’re asking Missouri drivers to start following their own advice, and pay attention behind the wheel.

If you’ve been injured in an accident that was caused by a driver who was texting, or engaging in other risky behaviors, it’s important to contact a lawyer right away. Your attorney can help preserve evidence that may be more difficult to find months later.

Case consultations are always free of charge at 314-444-4444.

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What if someone gets hurt at an Airbnb?

Who is Liable for Tenant Injuries?

As St. Louis personal injury lawyers, we know all too well that accidents can happen even in the most well-maintained homes. As more and more travelers are electing to use Airbnb for their stay, accidents are becoming more common.

For example, in one widely publicized case, an Airbnb renter in Texas was laying on a hammock when one of the supporting trees collapsed onto his head. The renter was killed instantly.

This case, and others, have made it clear that, before you become an Airbnb or other short-term rental host, you should think carefully about liability and safety. You’ll want to make sure you have adequate insurance coverage for property damage, injury, or loss.

Read Your Homeowner’s Insurance Policy

Before you rent your home out to anyone, short-term or long-term, you need to go over your homeowner’s insurance policy very carefully.

Some homeowners’ insurance policies will exclude coverage for homeowners who run a business inside the home. Due to the nature of Airbnb, your insurer would likely consider your situation to be similar to running a hotel or bed and breakfast.

In other words, your home becomes a business. Your insurer may refuse to cover your guest’s injuries. You’ll need to make sure you’re covered BEFORE an incident happens.

What if You Don’t Have Coverage?

If your standard homeowners’ policy doesn’t provide you the coverage you need, you can typically adjust a “unit rented to others” coverage, and pay a bit extra per month.

However, if your insurer does not offer an add-on like this, you’ll need to obtain a landlords’ insurance policy that will provide coverage for short-term guests.

Keep in mind, a landlords’ insurance policy will likely cost 15% to 25% more than a typicalhomeowners’ policy.

What if you are Injured at an Airbnb?

If you are renting a home on Airbnb, you should hope that the landlord has insurance. When it comes to Airbnb itself, injured guests are out of luck.

Airbnb specifically states in their Terms of Service that the company is not liable because anyone using the service assumes liability.

That said, Airbnb and similar platforms are still relatively new, and laws have not changed to adapt to the short-term rental system.  In the future, the company may very well be forced to assume greater liability in the event that a guest is injured.

There are several different routes to compensation, all of which are particularly complex. If you are injured while staying at an Airbnb, you should contact a St. Louis accident attorney right away. We can look into the avenues of recovery for you, and get you reimbursed for medical bills or other losses.

For a free consultation at Schultz & Myers, call 314.444.4444.

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Can You Re-Open Your Work Comp Case Once It’s Settled?

What do you do if you agreed to a bad settlement?

We get callers every day who have recently settled a workers compensation claim only to later realize that they made a bad deal.

Whether they had an attorney or not, these callers will always ask if a personal injury lawyer would be able to reopen the case for a better result.

Unfortunately, the short answer is no.

Settlements are Final

Whatever the reason you are reexamining your case; be it a bad attorney or a bad deal, settlements are always final. Learning a day later or years later that things could have gone better is irrelevant. Once you sign settlement contracts and they are approved, it’s game over.

Typically, this is why insurance companies settle claims so quickly. If the money is paid right away, the matter is behind them, and—perhaps more importantly—the injured party cannot go back for more money.

I know it’s not very good news, but that’s why it’s so important to make sure you hire an experienced attorney to help you with your worker’s compensation claim.

Can I Sue my Lawyer for the Bad Deal?

If you don’t hire an attorney at reputable law firm, or if you don’t hire an attorney at all, you might be getting what you pay for. That said, once you sign the settlement contract, it’s game over for getting more money from the insurance company.

If your attorney really did something negligent, you may be able to file suit against them for legal malpractice. But keep in mind, the nature of workers compensation settlements are that they are compromises. So, while you might have been able to get more, the lawyer can easily counter that they thought it was a good offer.

The exception to this would be if the lawyer actually missed something important. Maybe you mailed the lawyer a bill for a surgery, but they did not include it on their calculations, nor did they include it in the final settlement form. In this rare situation you may have a reasonable argument that your attorney dropped the ball.

Of course, we are not legal malpractice attorneys at Schultz & Myers, so your best bet would be to talk to a legal malpractice attorney if you suspect that your lawyer made a real mistake in the settlement.

Preventative Maintenance: How do I Know a Settlement is Good?

The best thing you can do to make sure you don’t get a bad deal on a settlement is don’t agree to a bad settlement.

Missouri Work Comp Lawyer, Josh Myers says over and over again in his book that KNOWLEDGE IS POWER. Arm yourself with knowledge before you talk to a work comp attorney, and ESPECIALLY before you agree to a settlement.

Insurance companies have dozens of lawyers to choose from. If you’re planning to face the work comp claim alone, be sure that you’re prepared. Listen to what attorneys have to say, download Josh’s free Missouri Work Comp Book, do everything you can to prevent any curve-balls from coming your way.

Get the experience of Schultz & Myers on your side. Our lawyers are ready to go to bat for you, and we don’t see a dime until we win your case; that’s just one of the ways our attorneys are held accountable for their work on your case.

If you’d like a free consultation with one of our St. Louis worker’s compensation attorneys, call us today at 314.444.4444.

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This Black History Month, we'd like to highlight the achievements of African-American Surgeon, Dr. Charles Richard Drew.

So many victims of serious car accidents and other traumatic injuries require blood transfusions. Without Dr. Drew's discovery, blood would not be immediately available to most of these victims, and many would have died.

‪#‎BlackHistoryMonth‬ ‪#‎GiveBlood‬

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Feds not liable in botched drug sting that left one man dead and caused $100,000 in damages.

A botched operation led by the DEA left one man dead and $100,000 worth of damage on shipping company’s truck. Despite the damages, the government agency will not be required to reimburse the truck owner. 

Trucking Company owner, Craig Patty believed his two trucks to be in the repair shop. In fact, the Drug Enforcement Agency was using the truck and Lawrence Chapa in a sting operation targeting the Los Zetas drug cartel.  The driver was told to haul a load of marijuana north from the Rio Grande Valley.

Unfortunately, as the truck passed Houston, Texas, it was ambushed by cartel members. The two dozen federal agents and local police that were shadowing the truck were unable to protect Chapa. He was killed in an ambush.

Patty received a phone call from a colleague, who told him that his driver was shot dead while carrying a load of marijuana. Patty was under investigation due to his truck’s involvement in the haul.

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Lawsuit Filed Against EOS Lip Balm

A new class-action lawsuit against EOS lip balm claims that the balm that keeps your lips feeling “super-soft” may actually cause pretty bad reactions. Several customers are suing the brand because its formula allegedly caused cracks, blisters, and rashes. 

Learn More: http://www.schultzmyers.com/defective-drug/lawsuit-filed-against-eos-lip-balm/

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Twilight Actress Settles in Apartment Fire Lawsuit

“Twilight” actress, Ashley Greene’s West Hollywood apartment went up in flames back in 2013, claiming the life of her dog, and launching a years-long legal battle between the actress and her Doorman.

News of the settlement was reported early 2016, nearly three years after the incident.

Twilight Star’s Apartment Fire

In 2013, TMZ reported that the fire was caused by an unattended candle that was left lit while everyone in the apartment was asleep. The candle lit the living room couch on fire, and eventually spread throughout the Granville Towers apartment unit.

Greene, who plays Alice Cullen in the Twilight series, her boyfriend, and her brother were treated for smoke inhalation on the scene. Marlo, one of Greene’s fox terriers, was killed in the fire.

The fire was found to be accidental.

Doorman’s Injury Lawsuit

The building’s doorman, Adrian Mayorga, along with four neighbors filed suit against Greene. Mayorga claimed he was hurt while running through the smoke-filled hallways, yelling for residents to flee.

The lawsuit filed in 2013 reported that Greene’s neighbor’s claimed the Twilight actress never apologized for the fire that temporarily displaced them. Neighbors insisted she “refused to cooperate with the investigation.”

The case settled in 2016 for an undisclosed amount.

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Scary, right?!

Fortunately, no one was harmed in this situation, but we wanted to look at from a legal perspective if the worst had happened.

What if you Rear-End a Vehicle you Couldn’t See?

If an accident occurred, it would happen behind the dump truck. The truck driver would not likely see the accident occur, so he wouldn’t stop; making it nearly impossible to track him down. 

Unfortunately, there’s not much of a chance that any damages would be covered by the truck company’s insurance.If the truck was involved in the crash (actually hit, rather than just causing it), you’ll definitely have more of a case. The next thing a car accident attorney would look into is whether or not the accident could have been prevented. i.e. Would the driver have known about the smoke?

A lot of proving negligence includes proving that the driver took the proper safety precautions. If he did take the proper precautions, and this just happened randomly, the fault may be lessened. This comes up often in slip and fall cases. You may slip in a puddle in a grocery store aisle, but if an employee hadn’t seen the spill yet, the store really couldn’t have done much to prevent your fall. The situation is similar in this case.

Determining liability can involve a lot of investigation. Let’s look at another example of a low-visibility accident waiting to happen; a night trucker driving with no lights.

Proving Negligence in Truck Accidents

The point is, you’ll need an experienced lawyer to go to bat for you when insurance companies start trying to play the blame game; especially if you were the one who rear-ended the truck.If poor visibility was a factor in your truck accident, don’t let the insurance company play the blame-game. Contact an experienced personal injury trial lawyer at Schultz & Myers to get the compensation you deserve. Our consultations are always free at 314-444-4444.

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I’ve seen this done so many times and it’s so dangerous. Make time to put your makeup on at home and not in the car while driving.#EndDistractedDriving

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Keep your lipstick on your lips, not on the pavement.

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Happy Holidays from Schultz & Myers!

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Keep your lipstick on your lips, not on the pavement

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Lung Disease from Vaping

E-Cigs: the “Healthy Alternative” to Smoking isn’t so Healthy

E-cigarettes or electronic cigarettes could be hazardous to your health! The Food & Drug Administration (FDA) recently began studying the effect of popular brands of e-cigs. While the E-Cigarette companies claim that their product is less harmful than traditional cigarettes, the E-Cigs may contain carcinogens and diacetyl – a substance that has been linked to bronchiolitis obliterans.

With e-cigarettes booming in popularity as a healthy alternative to traditional smoking, scientists have found that e-cigs may pose a significant threat to vapers.

So, are e-cigarettes safer than traditional smoking? Nobody knows yet.

Bronchiolitis Obliterans: “Popcorn Lung”

Popcorn lung is a severe respiratory condition that began to affect a number of popcorn factory workers in the early 2000s. The workers had developed the condition after inhaling the artificial butter flavoring in the microwave popcorn processing facility.

Airborne Diacetyl can obstruct passageways to your lungs called bronchioles, blocking airflow. After a long period of time, this can cause severe damage. In the early 2000s before vaping became popular, those most at risk for Popcorn Lung were factory workers, however there was at least one case of bronchiolitis obliterans in a consumer who consumed multiple bags of popcorn every day for more than a decade.

Symptoms of Bronchiolitis Obliterans can start gradually, or severe symptoms can occur suddenly. These typically include;

Dry Cough;

Shortness of Breath; and

wheezing

The symptoms of popcorn lung are caused by inflammation and scarring in the airways of the lung. In severe cases, treatment can often require a lung transplant.

Diacetyl in E-Cigarettes and E-Juice

Currently there are more than 7,000 varieties of flavored e-cigarettes and e-juice (used in refillable vaping devices) on the market. According to Science Alert, it would be nearly impossible to study every single brand and every single flavor. Instead, Joseph Allen, an exposure assessment expert at Harvard University selected 51 types of flavored e-cigarettes in nine different brands.

Each product was inserted into a sealed chamber attached to a device that drew air through the e-cigs for 8 seconds at a time.  The analysis revealed that diacetyl was specifically present in 39 percent of the flavors tested. The research team found two other flavoring compounds – pentanedione and acetoin – in other flavors. In total, at least one of the three chemicals was detected in 47 of the 51 flavors tested.

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The ULTIMATE Roadside Survival Kit

Last year, drivers and passengers on an Atlanta, Georgia highway were gridlocked for 16 hours after just 2 inches of snow. Here's what you'll need on hand to survive the worst-case scenario

How to stay warm when stranded in a winter storm

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Should I cover my tattoos before my deposition?

http://www.schultzmyers.com/what-to-wear-to-a-deposition/ 

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#LoveYourLawyerDay

A special thanks to our team of lawyers for doing a great job!

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Retail Job Injuries?

Retail Industry Workplace Accidents

Retail employees face several risks on the job. While less common, risks are not unlike those associated with construction or factory work.

Some work injuries store employees face could be due to the strain of lifting merchandise day in and day out. Musculoskeletal disorders such as sprains, strains, or back pain can lead to astronomical medical bills.

Reporting Your Injury to a Manager

To a retail worker, telling a manager about a workplace injury or strain can be daunting.  Unfortunately, injuries suffered by retail workers often are not taken seriously by their employers.

Retail employees aren’t typically paid much more than minimum wage, and potentially upsetting a manager is a huge risk. We understand that retail workers who live paycheck to paycheck may be afraid to lose their job if they say they’ve been hurt at work.

Time to Hire a Work Comp Lawyer?

Call us at 314-444-4444. We don’t see a dime unless you get paid. No obligation!