Free Consultation
(314) 500-HURTPersonal Injury Lawyer, Gary Burger and Burger Law represented a family of a man killed in a wreck with a tractor trailer in a wrongful death case. In the early morning hours of June 15, 2013, our client was leaving a casino and went through an intersection on a green light. A tractor trailer proceeded southbound on South Broadway in St. Louis, Missouri violated a red traffic signal and crashed into our client’s truck. It was a disastrous impact with both vehicles traveling in different directions. The tractor trailer took out some light poles and its cargo was spilt all over the road. The trucking accident impact not only caused a lot of property damage to the neighbor but also destroyed both vehicles.
We filed suit and proceeded with litigation on behalf of the family. We also conducted a quick and extensive investigation to identify some amazing liability evidence and to secure the evidence at the scene. We had an investigator at the location of the crash quickly. We were able to show through the timing of the lights that the tractor trailer went through the red light. We interviewed witnesses who also so advised. We obtained the autopsy and toxicology reports.
We were also able to show because of the skid marks of the tractor trailer that it not only ran the red light that it was over the center line and was on the wrong side of the road at the time of the impact. We were able to show from witness accounts that the tractor trailer was speeding at the time of the accident. These we all difficult things to show as our client died in this crash and the witnesses were limited for this early morning incident.
We were also able to keep the venue in the City of St. Louis. The truck accident case was originally filed in the City of St. Louis. The Defendant sought to remove the case to Federal Court. However, we opened an Estate for the deceased truck driver. Did you know that you can file a suit as a creditor against an Estate? We did so. Residency is different between an individual and an Estate. A deceased individual does not have a residence, but his Estate is a residence of the State of Missouri. This destroyed diversity jurisdiction and enabled us to keep the case in State Court.
We also conducted extensive litigation and matters regarding the probate estate. As part of our fee we handle all the probate matters in the case. This involved probate filing to ensure that our client’s son was his heir (he had not be declared having paternity prior to his death) to open the probate estate for his assets and to establish conservatorship and guardianship on behalf of the child by his grandparents.
We put together strong exhibits for our mediation to prove to the trucking company and its insurer their driver’s gross negligence. We were aggressive in the mediation in this case and refused to settle. Later, when the defendant obtained additional authority from its Board of Directors, we settled the claim for $5 Million.
We were able to put a very large amount of money in a trust fund and structured settlement for the young child of the deceased. We continue to maintain and work with the Court and the Conservatorship proceedings to make sure that money is secured for him. In addition, we are proud to co-counsel with another St. Louis area lawyer who referred us this case. We are happy to get such a great result in the case and share such a robust referral fee to him for his assistance in the case.
To learn more about this case, click here.
Frequently asked questions
The success of your personal injury claim depends on many factors and a lot goes into determining the value of your case. Get a better understanding of what to expect and what you can do through our answers to some of the most common questions we hear from injury victims and their families.
If you’ve been in an accident where you were hit by a truck, your head is probably spinning even after you’ve gotten to safety. The accident very likely caused you substantial damages, from medical bills, lost wages, and other damages like pain and suffering. But unlike a regular passenger vehcile …
When you have a personal injury claim, be aware of the tricks insurance companies will use to try to avoid paying claims like yours. While there are some occasions where the defendant’s insurance company will act in good faith and offer a fair settlement without extensive litigation, it is more co …
Is It Worth It to Get a Lawyer for a Car Accident? If you’ve been injured in a car accident, you may be asking yourself, is it worth it to get a lawyer for a car accident? In many cases, not only is it worth it, but it’s necessary in order to be fairly compensated for your injuries and damages. It …
VIEW FULL ANSWER
521 W. Main Street Suite 201 O
Belleville, IL 62220
By appointment only
(618) 500-4878 GET DIRECTIONS332 S Michigan Ave Suite 900
Chicago, IL 60604
By appointment only
(312) 500-HURT GET DIRECTIONS100 Chesterfield Business Pkwy Suites 200-222
Chesterfield, MO 63005
By appointment only
(314) 648-8348 GET DIRECTIONSNO FEES UNTIL WE WIN YOUR CASE
We offer free consultations and are available 24/7 to take your call. Live chat, text, and virtual meetings are available.
or call us at
(314) 500-HURT