Missouri Personal Injury Lawyer Blog

An interstate was closed after a semi truck carrying explosives crashed near the entrance of a rest area on the Illinois/Indiana state line. The semi driver, hauling 8,500 pounds of dynamite, attempted to get off the interstate and missed the turn, running into the rest area trees. No one was hurt in the truck accident, and the dynamite remained intact and untouched.

The cause of this truck accident was likely driver error, which accounts for a great deal of truck accidents. However, many truck accident causes are out of driver control;

In this case, although the truck accident was likely due to driver error, the driver did comply with correctly securing his cargo, as mandated by the FMCSA. The dynamite remained intact and was able to withstand exploding despite the collision's impact. The FMCSA requires that cargo in commercial vehicles be firmly immobilized or secured on or within a vehicle by structures of:

1. adequate strength
2. dunnage or dunnage bags
3. shoring bars
4. tiedowns
5. or a combination of the foregoing 4

The FMCSA further regulates cargo placement and restraint in that articles that are likely to roll must be further restrained by:

1. chocks
2. wedges
3. a cradle
4. equivalent device to prevent rolling

Continue reading "Interstate Closed Following Accident Involving Truck Hauling 8,500 Pounds of Dynamite" »

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Investigation continues in East Hartford, Connecticut after a tractor trailer driver hit a motorcyclist and fled the scene. The hit-and-run truck accident killed the motorcyclist. There were witnesses at the scene of the crash, but the truck driver has not been found.

According to the American Law Reports, in any automobile accident, most states require the driver of the vehicle to stop and identify his/herself. The driver involved in the accident is also usually required to render such assistance that would be considered reasonable or necessary. Additionally, most states make it a criminal offense to leave the scene of a motor vehicle accident without performing such acts. Meaning, the driver of a "hit and run" accident, such as the case above, will likely be liable for a civil action.

However, for a truck driver to be found criminally liable for a "hit and run" accident, it must be proven that he/she had knowledge of the injury or occurrence that caused damages. Several circumstances can be found to prove knowledge, including firm evidence such as abandoning the vehicle involved in the incident or subjective evidence such as the defendant having nervous or evasive behavior.

The general requirement of proof that the tractor trailer driver knew of the damage or injury can also be determined by relating on what the truck driver reasonably should have known, from the nature of the accident, of the resulting damage or injury of the accident, or that the circumstances were such that a reasonable person would have believed that an accident had occurred resulting in death, damage, or injury to another. An experienced attorney at a truck accident law firm will be able to determine if the knowledge requirement of a "hit and run" accident is fulfilled.

Continue reading "Motorcyclist Killed in Tractor Trailor Hit-And-Run" »

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An accident involving a car and a tractor trailer in Kansas City, Mo ended with one fatality. The accident occurred after the driver of the car rear-ended the tractor trailer with such force that the car ended up several feet under the trailer, and the roof of the car peeled off. The driver of the car died at the hospital.

For more information about collisions involving cars and tractor trailers, visit my tractor trailer collision website.

Rear impact collisions, such as the crash above, are generally the most frequent type of accident; however the injuries that occur from such are typically not fatal. The severity of the injuries resulting from a rear-impact collision can vary greatly as several factors may contribute to the damages, including bumper strength and speed of the driver. Additional information about injuries commonly suffered in tractor trailer accidents as well as accident statistics can be found on my tractor trailer accident website.

Tractor trailer accidents continue to rise in number every year, and typically passenger vehicles are damaged and their passengers are injured in such accidents. If you or a loved one are involved in a tractor trailer crash, it is important that you understand the laws that govern such accidents and seek timely legal assistance. Visit my tractor trailer accident website to find more information about Missouri trucking laws.

Continue reading "Driver Killed When Car Rear-Ended Tractor Trailer" »

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A large truck accident involving three 18-wheeler semi trucks and a small pickup truck occurred in Texas after one large truck crossed the centerline of the highway and hit two other 1semi trucks. The pickup truck was following the two big rigs and collided into them. Three of the trucks burst into flames. The alleged cause was a truck tire blowout.

Tire blowouts typically occur from impact damage or from overloading a vehicle, but the type of tire may also contribute to blowout truck accidents. According to Michelin, about 535 deaths and over 23,000 collisions per year occur because of a tire blowout. The Federal Motor Carrier Safety Administration (FMCSA) is a federal agency that implements several tractor trailer regulations to avoid varying safety standards in the industry and includes tire regulations.

The FMCSA tire regulations set-out specific guidelines necessary to maintain safe tire conditions to avoid truck accidents such as that above. One of the general requirements is that each vehicle must be equipped with a tire pressure monitoring system that meets FMCSA conditions specified. As an experienced Missouri personal injury lawyer, I will be able to put together a team of experts needed to prove your semi truck accident case.

The tire pressure monitoring system (TPMS) must:

(a) Illuminate a low tire pressure warning telltale not more than 20 minutes after the inflation pressure in one or more of the vehicle's tires, up to a total of four tires, is equal to or less than either the pressure 25 percent below the vehicle manufacturer's recommended cold inflation pressure, or the pressure specified in the 3rd column of Table 1 of this standard for the corresponding type of tire, whichever is higher;

(b) Continue to illuminate the low tire pressure warning telltale as long as the pressure in any of the vehicle's tires is equal to or less than the pressure specified in previous regulations, and the ignition locking system is in the "On" ("Run") position, whether or not the engine is running, or until manually reset in accordance with the vehicle manufacturer's instructions.

Continue reading "4 Trucks In Accident After Highway Tire Blowout" »

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A driver was flown by helicopter to a hospital after being injured in a three-vehicle collision involving a tractor trailer in Pennsylvania. As the injured woman's car allegedly changed from the left to right lane, it was hit from behind by a Fed-Ex box truck and then hit the back of a tractor trailer. The woman's car was smashed in between both vehicles, and she was left pinned in between them.

The FMCSA implements rear impact guard standards and rear end protection for commercial vehicles, like tractor trailers, to avoid the serious injuries that may occur when a tractor trailer is rear-ended, such as the accident above.

The FMCSA §393.86 sets out the regulations for rear impact guards and rear end protection. General requirements for trailers and semitrailers are that each trailer and semitrailer (with a gross vehicle weight rating of 10,000 pounds or more) must be equipped with a rear impact guard that meets the requirements of Federal Motor Vehicle Safety Standard, regulating the following items:

a. Impact guard width;
b. Guard height;
c. Guard rear surface;
d. Cross-sectional vertical height; and
e. Certification and labeling requirements for rear impact protection guards, which are
1. The impact guard manufacturer's name and address;
2. The statement "Manufactured in ____" (inserting the month and year that the guard was manufactured); and,
3. The letters "DOT", constituting a certification by the guard manufacturer that the guard conforms to all requirements.

Continue reading "Three Vehicle Tractor Trailer Collision Critically Injures Woman" »

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A woman died in a big rig accident on I-70 just east of Providence near a construction zone. According to a news report on ABC News’ Web site, a 61-year-old woman died after she reportedly rear-ended a semi truck. Eyewitnesses told the television station that she was driving at 60 miles an hour when her truck rammed into the back of the semi without braking at all.

The woman was reportedly pronounced dead at the scene. The driver of the semi had no injuries and the driver of a third vehicle suffered minor injuries after he swerved to miss the accident and got stuck between the semi and a concrete wall.

According to a man who saw the incident, the front end of the woman’s vehicle went underneath the semi and a trailer it was pulling went up in the air and then slammed back to the ground, the news report said.

This truck accident appears to have been an “underride accident,” which means the passenger vehicle that collided with the semi ran under the truck. This type of accident can be deadly to the occupants of passenger vehicles because when the vehicle goes under the truck, the roof of the vehicle can get sheared off, killing the occupants.

Continue reading "Fulton Woman Killed In Semi Truck Accident in Construction Zone" »

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A woman was fatally injured after her vehicle collided with a tractor-trailer in Columbus, Ohio. The woman was ejected from her vehicle because she was not wearing a seatbelt. She was survived by her 5-year-old child, who was also in the car and was found in fair condition. The son was wearing his seatbelt.

Allegedly the woman was driving southbound when, for unknown reasons, she went left of centerline and was struck head-on by a tractor-trailer that was heading northbound. The truck allegedly attempted to avoid the accident, but was unable to swerve out of the way.

This scenario shows the vast difference that wearing a seatbelt can make in a car accident. In Missouri, car seat safety laws require children under age four and under 40 pounds to ride in a federally approved child car seat that is appropriate for the child's age and size. Missouri truck accident attorneys will tell you they see the same scenario time and time again. Children ages 4 through 7 who weigh more than 40 pounds but less than 80 pounds or are not at least 4'9" tall must ride in an appropriate child car seat or booster seat. Children ages 8 to 18 must wear a seat belt.

Missouri law also mandates seat belt use and currently has a secondary safety belt law. This means that if you are pulled over for another offense, such as speeding or having a broken tail light, the officer can give you an additional fine for not wearing your seatbelt. However unlike some states have primary seat belt laws, not wearing your seatbelt is not reason enough to pull you over.

Seat belts are also important in terms of liability because when someone is wearing a seatbelt and still suffers injuries that should have been prevented by such use, courts may look at the seatbelt itself to determine if it was faulty or otherwise deficient and perhaps contributed to the damages. In this case, seat belt use could lead to a product liability suit.

Continue reading "Woman Dies in Tractor-Trailer Accident" »

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A man was killed and two others injured when a semi-truck hit a pickup truck parked on the shoulder of I-196 in Van Buren County, Indiana. Two men were in the pickup and one standing alongside it when the truck accident occurred. The driver of the pickup was killed after the semi driver lost control of the rig and collided with the pickup, which burst into flames.

The semi driver was arraigned for negligent homicide. Although authorities originally believed alcohol played a role, they now believe the driver may have fallen asleep while driving.

In those instances where alcohol or drugs are involved, the FMCSA has regulations in place to monitor such use or abuse. The FMCSA regulates alcohol and drug use by commercial drivers, such as the semi-truck driver above.

The alcohol rules solely prohibit use during performance. Thus, drivers of a commercial vehicle should not drive while using alcohol, while having a breath alcohol concentration of 0.04 percent or higher, or within four hours after using alcohol.

The following alcohol tests are required under the FMCSA for commercial drivers:

* Post-accident - conducted after accidents on drivers whose performance could have contributed to the auto accident (as determined by a citation for a moving traffic violation) and for all fatal auto accidents even if the driver is not cited for a moving traffic violation.

* Reasonable suspicion - conducted when a trained supervisor or company official observes behavior or appearance that is characteristic of alcohol misuse.

* Random - conducted on a random unannounced basis just before, during, or just after performance of safety-sensitive functions.

* Return-to-duty and follow-up - conducted when an individual who has violated the prohibited alcohol conduct standards returns to performing safety-sensitive duties. Follow-up tests are unannounced. At least 6 tests must be conducted in the first 12 months after a driver returns to duty. Follow-up testing may be extended for up to 60 months following return to duty.

Continue reading "Man Killed, 2 Injured in Indiana Truck Accident" »

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A 21-year-old MoDOT, Missouri Department of Transportation, worker was killed in Springfield, Missouri when his dump truck collided with a tractor-trailer. The decedent was on duty when a rainstorm moved into the area; he was driving traveling through several locations to check on flooded roads and set up signs to close the roads. In the course of driving between locations, his dump truck struck the tractor-trailer nearly head-on. The cause of the tractor trailer crash has not been determined, but the rainstorm undoubtedly caused compromising driving conditions.

MoDOT statistics note that motor vehicle crashes are the leading cause of death in the United States for those ages two through 33. It is suggested that most adults spend about two months behind the wheel each year, and it is suspected that as driving becomes a habit, basic driving rules are often neglected. Of all the traffic accidents that take place, only 13% of these accidents are caused by environmental factors, meaning that the majority of accidents are simply caused by human error and various other human factors.

MoDOT has produced a comprehensive guide in hopes of reducing fatal and serious Missouri Truck Crash roadway injuries; the following items have been suggested:

•Follow the speed limit. Chapter 304 of the Missouri Revised Statutes makes it a crime to travel faster than the posted speed limit. Get caught and you're looking at a fine, points off your license and higher insurance rates. Get caught enough times and you could lose your license.
•Buckle up. Safety belts are the single most effective safety device available for occupants in motor vehicles. The Graduated Driver's License Law requires all drivers holding a permit or an intermediate license – and all passengers – to wear a safety belt at all times when operating a motor vehicle.
*Chapter 307 of the Missouri Revised Statutes requires all adults riding in the front seat of a car, truck, SUV or van to wear safety belts.
*Children ages four through 15 must always wear their safety belts whether they're in the front or the back seat.
*Children under four must be properly secured in an approved child safety seat.
•Don't drink and drive. Chapters 302 and 577 of the Missouri Revised Statutes make it a criminal offense to operate a motor vehicle at or above .08 percent BAC. But you can also be convicted of DWI with BAC levels of less than .08 if an officer determines your driving was impaired by illegal drugs, alcohol or medication.

In relation to the unfavorable driving conditions in the accident above, FMCSA requires extreme caution while driving tractor-trailers in such conditions under §392.14. It states:

Continue reading "Guidelines Hope To Reduce Missouri Motor Vehicle Accidents" »

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A truck driver was injured after his semi hit a tire and wheel in the roadway near Hiawatha, Missouri. The truck driver was eastbound on US-36 highway when his truck hit the object in the road. Allegedly the driver tried to brake, but the truck did not slow down enough in time to avoid the Missouri truck accident, which blew out a front tire and broke an oil line. The driver was wearing his seatbelt.

According to the FMCSA, there are certain guidelines implemented for semi truck brakes to ensure that such situations are prevented. The following items are necessary:

1. Antilock brake system. Each single-unit vehicle should be equipped with an antilock brake system that directly controls the wheels of at least one front axle and the wheels of at least one rear axle of the vehicle. Wheels on other axles of the vehicle may be indirectly controlled by the antilock brake system.

2. Antilock malfunction signal and circuit.

(a) Each truck should be equipped with an indicator lamp, mounted in front of and in clear view of the driver, which is activated whenever there is a malfunction that affects the generation or transmission of response or control signals in the vehicle's antilock brake system.

(b) Each truck tractor that is equipped to tow another air-braked vehicle, should be equipped with an electrical circuit that is capable of transmitting a malfunction signal from the antilock brake systems on one or more towed vehicles. Each such truck tractor and single unit vehicle shall also be equipped with an indicator lamp, which is activated whenever the malfunction signal circuit described above receives a signal indicating an ABS malfunction on one or more towed vehicles.

(c) Antilock power circuit for towed vehicles. Each truck tractor that is equipped to tow another air-braked vehicle shall be equipped with one or more electrical circuits that provide continuous power to the antilock system on the towed vehicle. Such circuit should be adequate to enable the antilock system on each towed vehicle to be fully operable.

3. Service brake stop lamp switch; this is a switch that lights the stop lamps when the service brake control is statically depressed to a point that produces a pressure of 6 psi or less in the service brake chambers.

Continue reading "Brake Guidelines In Place To Prevent Missouri Truck Accidents" »

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On the early morning of April 29th, 2007, Jacob Hargrove’s life changed forever. A tow truck driver for Eddie’s Towing Co., Hargrove had pulled his tow truck over to help a car stalled in the gap between the inside lane and the concrete rail on Highway 40. With no warning, an SUV driven by St. Louis Cardinal relief pitcher Josh Hancock plowed into the back of Hargrove’s parked tow truck, instantly killing Hancock. An autopsy later revealed that Hancock’s blood alcohol-level was twice the legal limit at the time of the Missouri Truck Accident.

Hargrove’s attorney confirmed on Thursday May 1st that his client had settled with the ballplayer’s insurance company, State Farm Insurance. The terms of the settlement were not disclosed.

“Everyone is pleased that this is done, that it did not have to go to court,” Robert Pedroli, Hargove’s attorney said Thursday morning. “Jacob still remembers the events of that evening and he is still recognized in public because of the coverage of it… A year after the accident this helps bring a certain amount of closure.”

Truck accidents on Missouri roadways are a serious threat to the traveling public. Truck Accidents are the leading cause of death for those under the age of thirty-four (34) and over 40,000 people are killed annually in approximately five million motor vehicle accidents. In 2002 alone, nearly 43,000 people died in highway accidents nationwide. That is over 115 fatalities per day from accidents. The economic cost of these accidents is staggering and exceeds $150 billion per year. During your lifetime you are likely to be involved in at least one accident. You should know what to do in order to protect yourself and your legal rights.

Continue reading "Truck Driver Settles with Insurance Company" »

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A lane closed for construction on Interstate 70 caused traffic congestion and, allegedly, a three-vehicle truck crash in Columbia, Missouri that killed one woman. The accident occurred when a tractor-trailer stopped due to congested traffic because construction crews were paving the road and closed a lane on the interstate. A woman, hauling a flat-bed trailer, swerved and rear-ended the trailer on the interstate; she died at the scene.

Another pickup truck swerved to avoid the Missourit Truck wreck and struck the rear of the decedent's trailer, becoming wedged between the median divider and the semi. Debris was left across all three lanes of the highway.

The Missouri Department of Transportation suggests following the three "S's" to manage work zones and road construction safely. Speed, Space and Stress.

MANAGE YOUR SPEED

-Slow Down when approaching all work zones. You will be in the work zone quicker than you think.
-Follow Posted Speed Limits, especially within construction zones, and try to maintain a consistent speed with the traffic flow. And adjust your speed for weather conditions.
-Don't Resume Normal Speed until you see roadway signs indicating it's safe to do so.

Continue reading "One Woman Dead After Missouri Truck Accident" »

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A Nixa man sustained injuries after his truck struck a cow that wandered onto the road. The Missouri Highway Patrol said the man was driving on Missouri 13 when the truck accident occurred. After the truck hit the cow, it ran off the road and struck a tree.

In the event that an animal is struck by a motor vehicle or an animal collides with a motor vehicle, the surrounding circumstances must be evaluated to determine whether or not the motorist is liable. According to the American Jurisprudence, which is an encyclopedia of United States law, §104 Animals on Highways or Streets, liability is regularly assessed by the following standards.

Typically, a motorist is not an insurer of the safety of animals on the highway. However, a motorist is generally required to exercise reasonable care to avoid injuring or killing livestock or other animals on the highway. A motorist's failure to do so makes him/her liable to the owner of an animal injured or killed.

Courts across the U.S. vary in their interpretation of fault and liability when dealing with animals on the road. In some jurisdictions, authority requires that a motorist exercise the highest degree of care toward animals on the highway. Other courts have found the motorist owes no duty, or only a duty to refrain from gross negligence, as to animals at large. The most common rule is that even a law against permitting animals to run at large, does not relieve the motorist of responsibility for negligent injury to the animals.

Finding that a motorist was negligent in a collision with an animal requires that the motorist was driving at excessive speed, failed to keep a proper lookout on the road, or failed to reduce their speed or keep a safe distance while passing an animal. However, where the driver of an automobile, in attempting to pass an animal, slows down and takes due precaution but still injures an animal, the courts generally find the driver was not negligent. Also, a Missouri auto collision between a car driven with reasonable care and an animal suddenly running onto the highway from a point where it could not have easily been seen by a driver using normal caution, is frequently regarded by the courts as an unavoidable accident. In such instance, a motorist will not be liable, unless the collision occurred while he/she was driving at excessive or unreasonable speed.

Continue reading "Man Inured In Truck vs. Animal Accident" »

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A truck accident in Glenwood Springs, Colorado occurred when a semi-truck carrying a load of 38-foot steel pipes was traveling on an elevated section of the highway. The semi-truck was allegedly speeding and took a corner too fast, rolling over and causing the load of steel pipes to spill on the lanes below. The load of pipes hit another semi-truck, a pick-up truck and a sedan.

The driver of the second semi, who was hit with the pipes, and the passenger in the pick-up both died. Charges have not been decided for the driver of the initial semi; generally however, a car accident resulting from direct fault, such as speeding, is a good sign liability.

Government regulations fix speed limits to state the legal maximum speed to which is deemed reasonable and proper for a certain area, while taking into consideration other surrounding circumstances. Violations of the stated speed limit may determine liability for negligence.

Under the Corpus Juris Secundum (CJS), the basic rule of speed states that no person should drive a vehicle on the highway at a speed greater than is reasonable and prudent, nor should any person drive at a greater speed than will permit the driver to exercise proper control, to decrease speed or to stop as may be necessary to avoid a Missouri truck collision.

Further, operators of motor vehicles must exercise reasonable and ordinary care for the protection and safety of themselves and others, and have due regard for the traffic conditions under which they are driving: the failure to observe such duties constitutes evidence of negligence.

Continue reading "Two Dead In Tragic Colorado Semi Truck Accident" »

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Two St. Louis-area young women died and two more were injured after a deadly crash in the early morning hours of April 2.

One vehicle entered the St. Clair ramp in East St. Louis onto Interstates 55/70 at around 3:45 in the morning. According to the St. Louis Post-Dispatch, one driver crossed several lanes immediately upon entering the interstate, into the path of a tractor-trailer truck.

Authorities said the truck "t-boned" the passenger side of the car, killing two. Two people were injured and one reported in critical condition and one in fair condition as of April 3. The driver of the truck was not injured.

As experienced St. Louis car and truck accident lawyers, we're not surprised that the truck driver survived without serious injury. Statistics show that drivers of large trucks, including tractor-trailers like the one here, are rarely killed or seriously injured in accidents.

Continue reading "St. Louis Women Dies in Tractor-Trailer Crash" »

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In Lemont, Illinois a man was hospitalized after his tanker full of gasoline overturned on Interstate Highway 55. His gasoline tanker ignited, and although the man was able to crawl out of his truck, he was hospitalized and treated for third-degree burns.

This diesel filled tanker continued to burn for four hours, making driving conditions dangerous with closed ramps and piling traffic. Tankers carrying hazardous materials must follow certain truck laws in order to comply with federal regulations aiming to prevent such dangerous driving conditions.

The FMCSA requires transporters of hazardous materials to acquire a Hazardous Materials (HM) Safety Permit. The following materials require a permit:

1.Radioactive Materials
2.Explosives
3.Toxic by Inhalation Materials:
4.Methane

The HM safety permit are available at the FMCSA District Office or online at http://li-public.fmcsa.dot.gov/LIVIEW/PKG_REGISTRATION.prc_option. The following are required for a carrier to obtain and keep a HM safety permit:

1. Maintain a "satisfactory" safety rating in order to obtain and hold a safety permit.

2. Maintain their crash rating, and their driver, vehicle, hazardous materials or out-of service rating so they are not in the worse 30 percent of the national average as indicated in FMCSA's Motor Carrier Management Information System (MCMIS).

Continue reading "Truck Accidents" »

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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. " »

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