Missouri Personal Injury Lawyer Blog

The maximum speed limit on the interstates outside urban areas of 50,000 thousand or more is 70 mph. Interstates inside urbanized areas are limited to 60 mph. All other highways in the state of Missouri are limited to 55 mph unless the roadway is posted otherwise.

In addition, there is a minimum speed limit on divided highways. The limit is 40 mph. There are occasions when a slower speed is required due to weather or other traffic conditions to prevent Missouri auto accidents.

The Missouri Highway Patrol also enforces laws regarding following distances of vehicles. The driver of a vehicle shall not follow another vehicle more closely than is reasonably safe and prudent, so as to allow sufficient space between each such vehicle or combination of vehicles as to enable any other vehicle to overtake or pass such vehicles in safety.

Continue reading " Missouri State Highway Patrol Enforces Minimum and Maximum Speeds on Missouri Roadways and Highways. " »

The Federal Motor Carrier Safety Administration (FMCSA) has certain requirements for tractor trailer drivers. These requirements have been created to help reduce the number of truck accidents on our roadways and highways. Motor carriers (trucking companies) must assure that all drivers of commercial motor vehicles meet a set of minimum qualifications. The qualifications are detailed in FMCSR 391.

A driver must meet the following requirements to drive a commercial motor vehicle:

1. Be in good health and physically able to perform all duties of a driver;
2. Be at least 21 years of age;
3. Speak and read English well enough to converse with the general public, understand highway traffic and signals, respond to official questions, and be able to make legible entries on reports and records;
4. Be able to drive the vehicle safely;
5. Know how to safely load and properly block, brace, and secure the cargo;
6. Have only one valid commercial motor vehicle operator's license;
7. Provide an employing motor carrier with a list of all motor vehicle violations or a signed statement that driver has not been convicted of any motor vehicle violations during the past 12 months. A disqualified driver must not be allowed to drive a commercial motor vehicle for any reason;
8. Pass a driver's road test or equivalent;
9. Complete an application for employment; and
10. Possess a valid medical certificate.

Continue reading " Requirements for Truck Drivers " »

A 24 car cargo train in Orange County collided with a tractor trailer on Monday, temporarily closing East Landstreet Rd. Although he was riding in the back of the train, the conductor suffered serious injuries during the violent Missouri Train Accident, according to police.

The cause of the train accident is currently under investigation. At this time, it is unknown whether the railroad’s crossing bars and lights were functioning properly.

The tractor trailer driver was stopped at the crossing when the railroad crossing arms began to raise. He then began to cross the railroad tracks when the train crashed into the truck. Apparently, the train was backing up at the time of the impact.

During this St. Louis railroad accident, the rear of the train crashed into the driver's side of the semi truck. The force of the impact caused the tractor trailer to flip over and catch on fire from leaked diesel fuel.

It was feared the truck and/or train were hauling hazardous materials when the fire started. An investigation eventually revealed only non-toxic materials were being hauled.

Continue reading " Two Injured in Train vs. Truck Accident " »

The Federal Motor Carrier Safety Administration (FMCSA) reports that in 2004, more than 5,000 people died in large truck accidents. The majority of these crashes were between passenger vehicles and trucks.

In an effort to reduce truck accidents and fatalities, the FMCSA and the National Highway Traffic Safety Administration (NHTSA) began working together to educate motorists on how to share the road safely with commercial motor vehicles. The Ticketing Aggressive Cars and Trucks (TACT) program was created as a result.

TACT is a traffic enforcement program that attempts to reduce Missouri truck accidents, fatalities, and injuries. The state of Washington was selected as the first pilot State for the TACT program. The program was a success. The FMCSA is now encouraging other States to implement the TACT program.

TACT uses accident research to promote safe driving behaviors to avoid truck accidents and car accidents. The mission of the TACT program is to reduce CMV-related crashes, injuries, and fatalities.

Continue reading " Ticketing Agressive Cars And Trucks (TACT) " »

The Federal Motor Carrier Safety Administration (FMCSA) has limited the number of hours an individual can operate a commercial motor vehicle in an attempt to limit the number of truck accidents. The FMCSA allows the public to comment on the regulations they create.

It was recently announced the public comment period on the commercial motor vehicle drivers' hours-of-service Interim Final Rule is open until March 17, 2008. During this period, all interested parties are able to provide comments and supporting data.

The Interim Final Rule (IFR) allows commercial motor vehicle drivers up to 11 hours of driving time within a 14-hour, non-extendable window from the start of the workday, following 10 consecutive hours off duty (11-hour limit). Motor carriers and drivers are allowed to restart calculations of the weekly on-duty time limits after the driver has at least 34 consecutive hours off duty.

Continue reading " Truck Accidents & Hours of Service " »

It’s an uncomfortably familiar scene – snarling traffic, slick roads, and plenty of Missouri auto accidents throughout the Kansas City area. Recent bad weather has caused dangerous driving conditions and countless pile-ups as drivers try to get home through inclement conditions. Spring may be just around the corner, but nevertheless it’s a great idea to review winter driving safety given the prospect of more bad weather ahead.

First of all, assess risk before you leave home or your office. You may want to rush into town for work or to run errands, but your safety should come first. If the road is slick or snow is creating poor visibility, you may wish to call in to work, telecommute, or stay an extra half-hour to see if the storm clears. Don’t perform non-essential driving when the weather is bad – you’re just asking for trouble, injury, and property damage.

If you do have to take to the road, be sure you’re driving in a well-maintained vehicle that has proper tires and windshield wipers. It could be tempting to drive without a properly scraped windshield, but take the few extra moments it takes to properly defrost your car before driving. Once you’re on the road, take it easy. Slow, steady driving is in order – headlights on, additional distance given behind other vehicles, and no cruise control allowed.

If you can’t avoid a St. Louis Car Accident, be smart at the scene. Sometimes winter storms overtax law enforcement, and the police should not be called during a storm unless serious injuries have occurred. However, this does NOT mean you should not file a police report of the accident and collect as much information as possible on the other driver, the incident, and any witnesses.

Continue reading " Weather Related Accidents " »

As a Missouri truck accident lawyer, I am often asked questions by other lawyers regarding liability of leased tractor trailers. It is common when investigating truck accidents to find drivers leasing their trucks to the truck company he/she is driving for. This practice started many years ago by the truck companies with the hope of avoiding liability pursuant to the independent contractor defense.

Unfortunately for the trucking companies, this “scheme” no longer works in Missouri. The Missouri Department of Transportation (MoDOT) has created a special “Motor Carrier Division” to help address concerns like these. MoDot has a website that answers many questions in the Motor Carrier Services Frequently Asked Questions section. We can turn to these FAQ’s for guidance regarding the above concern.

If I lease my vehicles to a motor carrier what do I need to do?

“When the vehicle is leased, the lessee (motor carrier) is considered the operator of the vehicle. The lease should include the facts that the leased equipment is to be used solely by the lessee during the time of the lease and that the lessee controls the operation of the equipment including licensing, markings, insurance coverage, drivers, drivers' qualifications, drivers' hours of service and all related items to the same extent as if the lessee was the actual owner of the vehicle.

Continue reading " Leasing Vehicles to a Motor Carrier " »

Cross over truck accidents are some of the most devastating. The Missouri Department of Transportation (MoDOT) recently installed several cable barriers along Missouri highways as a result. Since the installation of the cable barriers on Missouri interstates, yearly fatalities have dropped from 55 to 2.

The cables were installed to help keep cars and trucks from crossing the center grassy median and hitting cars and trucks going the other direction. These head on collisions at highway speeds are some of the most deadly truck crashes. The force involved when cars and trucks collide from opposite directions is tremendous. And often deadly.

The cable barriers were recently placed along I-70, I-29 and I-44. The cost was an approximate $50 million. MoDOT estimates the cables cost over $100,000 per square mile to install. The cables span more than 500 miles along Missouri's highways and interstates. The cost is great, but a small price to pay if lives are saved during Missouri truck accidents and car accidents.

Continue reading " Missouri Cables Save Lives " »

As discussed in my previous entry, the Federal Motor Carrier Safety Administration requires certain motor carriers to maintain specific amounts of insurance coverage. Federal Motor Carrier Safety Regulation §387.9 details the financial responsibility and minimum levels of insurance.

The minimum levels of financial responsibility referred to in Federal Motor Carrier Safety Regulation §387.7 of this subpart are hereby prescribed as follows:

(1) For–hire (In interstate or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds). Property (nonhazardous). $750,000.00;

(2) For–hire and Private (In interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds). Hazardous substances, as defined in 49 CFR 171.8 transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons; or in bulk Division 1.1, 1.2, and 1.3 materials, Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR §173.403. $5,000,000.00.

Continue reading " Minimum Levels of Insurance for Motor Carriers " »

A Missouri truck accident can be completely devastating. If you are fortunate enough to walk away from the accident with your life, you may find that your life is completely altered. Getting hit by a car is bad enough, but getting hit by a truck is many times the force of being hit by a car.

Many people who have been hit by a tractor trailer have found themselves severely hurt. Some experience chronic pain and will do so for the rest of their lives. Back injuries are common commonly found in truck accident victims. Back injuries can cause injury victims substantial pain and discomfort for the rest of their lives.

Often times, severe back pain resulting from a truck crash, severely limits the injury victims ability to perform physical labor. This disability changes one’s life forever. Common activities are no longer possible due to significant pain during and after said activity. In a split second, truck accident victims find themselves in a condition in which the most minor chores cause great pain.

A significant issue arises when a truck accident victim can no longer work at a job they held before the truck accident. Many people are identified through the occupation they hold. When this is ripped away from an individual, a downward emotional spiral often begins.

Truck accident victims have the option of filing a lawsuit against a negligent truck company and truck driver. Maybe the tractor trailer driver was not paying attention, driving the truck tired, speeding, etc. Like wise, maybe the trucking company hired a driver with a bad record, numerous traffic violations, etc.

Continue reading " A Serious Truck Accident Will Change Your Life " »

The Federal Motor Carrier Safety Administration has created numerous rules in regard to drug and alcohol use by truck drivers. Drug and alcohol use increase the rate of truck accidents on our nations highways and roadways. Specifically, Federal Motor Carrier Safety Regulation (FMCSR) §382.101 establishes programs designed to help prevent commercial vehicle accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles.

FMCSR §382.205 discusses the on-duty use of alcohol. It states in pertinent part, “No driver shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.” What does this mean in Laymen’s terms? Truck drivers can’t drink alcohol while driving a tractor trailer or performing any other safety-sensitive work. Also, no truck company is allowed to let their truck drivers operate a tractor trailer or perform safety-sensitive functions if the company is aware the truck driver has been drinking.

Pre-duty alcohol use is discussed in FMCSR §382.207. It states, “No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.” This regulation is straight forward, although one would be surprised how often it is not followed.

Continue reading " Truck Accidents, Drugs, & Alcohol " »

Yes. The Federal Motor Carrier Safety Regulations (FMCSR) detail certain “serious traffic violations” that can cause a driver to be disqualified. FMCSR §383.51 contains a list of the offenses and the periods for which a driver must be disqualified. The disqualification depends on the type of vehicle the driver is operating at the time of the violation and the number of violations. There have been many truck accidents caused across the United States because of serious violations.

The Federal Motor Carrier Safety Regulations list the following as “serious traffic violations”:

(1) Speeding excessively, involving any speed of 15 mph or more above the posted speed limit;
(2) Driving recklessly, as defined by State or local law or regulation, including but not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property;
(3) Making improper or erratic traffic lane changes;
(4) Following the vehicle ahead too closely;
(5) Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal automobile accident;
(6) Driving a CMV without obtaining a CDL;
(7) Driving a CMV without a CDL in the driver’s possession; and
(8) Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.

Continue reading " Can a truck driver be disqualified as a commercial motor vehicle driver for being convicted of certain traffic violations? " »

A tractor trailer fell from the Woodall Rodgers Freeway ramp and landed on top of a Ford Focus, killing both drivers.

According to police, the tractor trailer was hauling a load of metal pipe that apparently shifted as the tractor trailer was driving on the ramp. Police are investigating if speed was a factor in the crash. It sounds like the metal pipe was not secured properly. Federal Motor Carrier Safety Regulation § 393.124 explains in great detail, the proper way to secure certain types of pipe. The obligation to properly secure the rests with the truck company and the truck driver.
The truck driver was working for an Austin, TX motor carrier, Texas Land & Air Co. The carrier has approximately 19 power units and 56 drivers. According to the Federal Motor Carrier Safety Administration, Texas Land & Air Co. was involved in (7) truck accidents during the previous two years. All of the truck crashes were reported to be in Texas.

In addition, during the past two years, Texas Land & Air Co.’s drivers were cited for numerous violations, including but not limited to:

1. 395.3(A)(2) 14 hour rule violation;
2. 391.11(B)(5) Not licensed for type vehicle being operated;
3. 395.3(B) 60/70 hour rule violation (Property); and
4. 395.8(A) No drivers record of duty status.

The Federal Motor Carrier Safety Administration also reports Texas Land & Air Co.’s drivers, over the past (30) months, have received (9) speeding violations and (2) failure to obey traffic control devices. Additionally, in the past (30) months Texas Land & Air Co.’s drivers were cited for the following motor carrier violations (this is not an all inclusive list):

1. 392.9(A)(2) Failing to secure vehicle equipment;
2. 393.75(F)(2) Tire under-inflated;
3. 393.126 Fail to ensure intermodal container secured;
4. 393.19 No/defective turn/hazard lamp as required;
5. 393.209(D) Steering system components worn/welded/missing;
6. 393.45 Brake tubing and hose adequacy;
7. 393.47(E) Clamp/roto type brake(s) out-of-adjustment;
8. 393.75(A)(2) Tire-tread and/or sidewall separation; and
9. 392.9 Driver load securement.

Despite Texas Land & Air Co.’s driver’s previous truck crashes, citations and violations, the truck company held a “satisfactory” safety rating from the Federal Motor Carrier Safety Administration at the time of this truck accident.

The Federal Motor Carrier Safety Administration (FMCSA) has systems in place to help ensure truck companies operate their equipment safely and in a well maintained condition. Safe truck drivers and well maintained tractor trailers reduce the number of truck accidents on our nation’s highways.

The FMCSA defines “safety management controls” as the systems, policies, programs, practices, and procedures used by a motor carrier to ensure compliance with applicable safety and hazardous materials regulations which ensure the safe movement of products and passengers through the transportation system, and to reduce the risk of highway accidents and hazardous materials incidents resulting in fatalities, injuries, and property damage.

To help keep our highways and roadways safe, the FMCSA has developed and implemented a safety rating system for motor carriers. The FMCSA rates trucking companies as satisfactory, conditional, unsatisfactory, or unrated.

The ratings are defined by the FMCSA as follows:

(1) Satisfactory safety rating means that a motor carrier has in place and functioning adequate safety management controls to meet the safety fitness standard prescribed in § 385.5. Safety management controls are adequate if they are appropriate for the size and type of operation of the particular motor carrier.

(2) Conditional safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard that could result in occurrences listed in § 385.5 (a) through (k).

(3) Unsatisfactory safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard which has resulted in occurrences listed in § 385.5 (a) through (k).

(4) Unrated carrier means that a safety rating has not been assigned to the motor carrier by the FMCSA.

Continue reading " Missouri Truck Accidents and Safety " »