Missouri Pedestrian Accident Attorney – Pedestrians Killed By Cars at Highest Rates Since 1990

Pedestrian deaths in the United States reached a 30 year high in 2018, as an estimated 6,227 people died on foot from car crashes nationwide last year. Pedestrian deaths account for about 16% of motor vehicle crash deaths. Many of the deaths are due to the growing shift away from passenger vehicles to sport utility vehicles and light trucks, which generally cause greater injury to pedestrians than cars at the same speed. The number of pedestrian deaths involving sport utility vehicles has grown by 50% from 2013 to 2017, compared with a 30% increase for passenger cars. Also, distractions caused by smart phones are a growing concern causing pedestrian deaths.

If you or a loved one has been struck by a motor vehicle and are in need of a Pedestrian – Car Accident Lawyer in the St. Louis area, please call me, David Hughes, at 314-241-4477 to discuss your potential case. The consultation is free and I do not charge a legal fee unless I recover on your behalf.

Selecting an Attorney

When looking for and hiring a Personal Injury or Worker’s Compensation Attorney in the St. Louis area, I recommend that rather than simply selecting a lawyer on a TV advertisement, billboard, or the side of a bus, that you research the law firm, lawyer assigned to your case, and the law firm’s results.  Mogab & Hughes Attorneys have been handling Personal Injury and Worker’s Compensation cases in St. Louis and throughout the state of Missouri since 1963. We handle cases in the following areas: Truck Accidents, Car Accidents, Construction Site Accidents, Uninsured and Underinsured Motorist Coverage, Defective Products, Dangerous Drugs, Worker’s Compensation on the Job Injuries, Mesothelioma-Asbestos Claims, Social Security Disability, Veterans Disability, Hospital/Physician/Nursing Home Malpractice Cases, HIPAA Medical Records Violation Cases, and Falls and Premises Injuries.  View our Notable Cases.

Since 1963, our law firm has collected over $350 million on behalf of our clients.  We have successfully represented over 15,000 injured clients throughout Missouri and other states winning Multiple Million Dollar verdicts and settlements.

Mogab & Hughes Attorneys promise you that we will always treat you fairly, honestly, and with respect.  Our experienced attorneys will personally speak with you and keep you advised concerning the process of your case.  If you have suffered an injury due to the fault of another, or if you have suffered an injury at work, please contact the lawyers at Mogab & Hughes at 314-241-4477.

St. Louis Missouri Mesothelioma Lawyer Discussing Asbestos Exposure Cases

In a recent Supreme Court of Missouri Appeal case (Accident Fund Insurance Company; E.J. Cody Company, Inc. v. Robert Casey, Employee/Dolores Murphy), The Missouri Supreme Court ruled in favor of the Employee. Robert Casey died from mesothelioma caused by repeated exposure to asbestos in the workplace. Before his death, Mr. Casey worked as a floor tile installer and filed a claim for workers’ compensation benefits, with which his widow, Ms. Murphy, proceeded following his death. The Missouri Supreme Court stated “Due to his extensive asbestos exposure, Mr. Casey was diagnosed with mesothelioma in the fall of 2014. He filed a claim for workers’ compensation benefits against his Employer in February 2015. At the time he filed the claim, Employer was covered under an insurance policy purchased from Insurer. The policy included an endorsement titled “Missouri Notification of Additional Mesothelioma Benefits Endorsement,” providing in pertinent part: Section 287.200.4, subdivision (3), of the Missouri Revised Statutes provides additional benefits in the case of occupational diseases due to toxic exposure that are diagnosed to be mesothelioma and result in permanent total disability or death. Your policy provides insurance for these additional benefits. By accepting this policy, Employer opted in to liability coverage for the additional mesothelioma benefits provided by Section 287.200.4, which allows for enhanced compensation for “all [mesothelioma] claims filed on or after January 1, 2014.”

The Missouri’s workers’ compensation law was amended in 2014 to provide enhanced compensation for individuals diagnosed with occupational diseases such as mesothelioma. Section 287.200.4(3). Coverage is provided for “all claims filed on or after January 1, 2014, for occupational diseases due to toxic exposure which result in a permanent total disability or death.” Section 287.200.4. Employers may either accept or reject liability for mesothelioma. If an employer elects to accept liability, it must insure its “entire liability” under the act, which includes accepting all of the act’s provisions. In other words, an insurer cannot avoid certain liabilities by constructing its policy to exclude certain provisions of the workers’ compensation statute and cover only the provisions it prefers. The Supreme Court concluded that because Mr. Casey’s exposure to asbestos occurred while he was employed by E.J. Cody Company, Inc. (“Employer”), its insurer, Accident Fund National Insurance Company (“Insurer”), was liable since the employer purchased a policy which was meant to cover all of the employer’s workers’ compensation liability, and which included a mesothelioma endorsement to cover all liability arising out of any mesothelioma claims filed on our after January 1, 2014.

The Missouri Supreme Court found that the standard policy provision which limits liability for exposure injuries to those which were caused by exposure during the policy period was modified by the addition of the mesothelioma endorsement. The Court observed that to rule otherwise would make the mesothelioma endorsement “essentially worthless”.

When you or a family member has been diagnosed with Mesothelioma, our dedicated lawyers can help. Mogab & Hughes Attorneys has been in business for 55 years and has handled numerous work and non-work related mesothelioma cases. If you need help, contact Attorney David Hughes at 314-241-4477 or email davidhughes@mogabandhughes.com. We offer a free consultation, extensive knowledge in asbestos related diseases and laws, and will thoroughly investigate, research, and gather evidence for your Mesothelioma case.

 

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