Missouri Personal Injury Lawyer Blog

Members of the House Transportation and Infrastructure Committee recently sent a letter to Transportation Secretary Ray LaHood, asking the Department of Transportation to delay the effective date of a new Hours of Service (HOS) rule for truck drivers and commercial bus drivers by three months. The rule was originally scheduled to take effect July 1.

The new rule changes the “restart” period for the number of hours truck drivers may spend on the road. The new rule still limits drivers to the 60- or 70-hour on-duty period, but it allows them to “restart” the clock on this period only once every seven days, by taking at least 34 consecutive hours off duty. This 34-hour period must include at least two time periods between 1 a.m. and 5 a.m. In addition, if more than 8 consecutive hours have passed since the driver was last off-duty or in the sleeper berth, the driver must take at least a 30-minute break before driving.

Continue reading "House Transportation Committee Asks for Three-Month Extension to Hours of Service Rule" »

A crash involving a garbage truck and two other vehicles occurred early in the morning on Thursday, June 30, 2011, according to kansascity.com. The Missouri truck accident happened when the garbage truck went across the median line of the road and hit a pickup truck head-on before hitting an SUV behind the pickup truck and crashing into a ditch on the other side of the road. The crash happened near the intersection of 159th Street and Roe Avenue in Overland Park, Kansas.

The driver of the garbage truck had to be pulled from the wreckage of his truck by emergency personnel. He sustained serious injuries and was taken to a nearby hospital. The drivers of the pickup truck and the SUV were not seriously injured in the crash.

What is clear about this accident is that the garbage truck driver lost control of his vehicle. It is not certain what caused him to lose control. Given the time of the morning, it is possible that he was still feeling the effects of being sleep deprived. Recent studies have shown that sleep deprivation can have a similar effect on drivers as the consumption of alcohol does.

Fatigued drivers and distracted drivers often cause dangerous car accidents. If you have been involved in such a crash and you’re looking for legal help, look no further than Page Law’s accident lawyers in St. Louis. We have a great deal of experience dealing with all types of automobile accidents. Call us at 314-322-8515 and get us started on your case.

Source: http://www.kansascity.com/2011/06/30/2984710/a-crash-involving-a-dump-truck.html

A woman was injured in a crash with a tractor-trailer in Jefferson City on June 6, 2011, according to connectmidmissouri.com. She had just crossed the Missouri River Bridge on Highway 54/63 when she was slowed by a tractor in her lane. At that point, a big rig changed lanes without noticing the tractor. By the time the big rig driver realized why the woman was driving slowly in that lane, he was not able to stop his big rig and plowed into the back of her SUV. The Missouri truck collision forced her vehicle into the back of the tractor causing serious damage to both the SUV and the piece of farm equipment.

Location of the crash:

The woman was taken to a nearby hospital for evaluation but her injuries did not appear to be serious. Neither the driver of the big rig nor the driver of the tractor sustained injury.

It is likely that the Missouri River Bridge played a significant role in the accident. Often, bridges can become quite crowded as vehicles cross. This traffic can be made worse when there is something slow like a tractor in one lane. If the other motorists saw the tractor and attempted to avoid it by shifting lanes, then it is possible that the big rig driver though that he could get clear of the traffic by moving into the other lane.

However, the big rig driver's negligence may make him responsible for any resulting injuries. After an accident like this it is critical to get legal help if you have been injured. Don't try to take on insurance companies by yourself, call our tractor trailer truck crash attorneys in St. Louis at 314-322-8515 today.

Source: http://www.connectmidmissouri.com/news/story.aspx?id=626718

A truck will be required to appear in court following a June 1, 2011 accident on Interstate 63, according to a report on columbiamissourian.com. The woman, who drives a big rig, apparently lost concentration and did not notice that traffic was slowing in front of her. She was not able to react in time to avoid colliding
with three vehicles from behind.

Location of the Accident:

The truck driver was injured in the Missouri truck crash along with six others. All of them were taken to nearby hospitals. Fortunately, only one of the victims remains hospitalized and hospital staff notes that she is not seriously injured.

It is important for tractor-trailer drivers to remain alert while they are on the job. To this end, the US Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has created significant rules to determine when and how long a truck driver can work. Part of these regulations, requires that truckers keep an electronic log of all of the hours that they work.

In this case, authorities stated that the truck driver was not in violation of the provisions set forth by the FMCSA. However, abiding by these regulations does not always mean that a trucker is driving safely. As the above accident indicates, it only takes a couple of seconds of inattention for a tractor-trailer to significantly alter the lives of many people.

If you’ve been in a crash with a tractor-trailer, call the negligent truck driver lawyers in St. Louis at Page Law at 314-322-8515 today.

Source: http://www.columbiamissourian.com/stories/2011/06/02/tractor-trailer-driver-issued-summons-careless-and-imprudent-driving/

An eight-year-old girl of Poplar Bluff, Missouri was tragically killed on Wednesday, June 1, 2011, according to kfvs12.com. She was a passenger in a car driven by her father. The accident occurred when a tractor-trailer attempted to cross the highway. The tractor-trailer did not make it across the highway in time and slammed into the victim’s vehicle, which was forced off the highway and flipped.

Map:

According to police, all of the people involved in the accident were wearing their seatbelts. Unfortunately, the young girl was killed in the Missouri truck crash. Three other passengers in the car were also injured, two seriously. The driver of the truck was not injured in the crash.

In 2009, tractor-trailer’s accounted for at least 5,271 accidents in the state of Missouri. Of those accidents, more than 50 involved fatalities. The size of the trucks combined with the fatigue and, sometimes, negligence, of the drivers can be extremely dangerous to other motorists. Because of the significant size disparity between tractor-trailers and other vehicles, even what would otherwise be minor accidents are transformed into life-threatening events.

In the aftermath of an accident with a tractor-trailer, you will need someone with experience in dealing with trucking and insurance companies. Page Law, a Missouri tractor-trailer accident law firm, has the experience fighting trucking and insurance companies that you need on your side after a serious accident. Contact us today at 314-322-8515.

Source: http://www.kfvs12.com/story/14824755/poplar-bluff-girl-killed-in-crash-on-us-67

A mother and her three children are in serious condition after their SUV flipped and was hit by a utility truck, according to thetelegraph.com. According to the report, the mother swerved to avoid a piece of metal in the roadway. During this maneuver, the mother lost control of the car, which entered the median and flipped, ending up on the other side of Illinois 255. At this point, a utility truck was unable to stop and ran into the overturned SUV.

Approximate location of the accident:

According to police, a 4-year-old girl was thrown from the vehicle during the crash. A 2-year-old boy and a 5-month-old-boy were also injured in the accident but were both restrained in child safety seats at the time of the accident. The mother was also injured in the crash. They were all taken to nearby hospitals in serious condition.

It is unclear where the piece of metal in the roadway came from, but it is clear that the accident was not entirely the fault of the mother. It is possible that the metal was dropped by another vehicle earlier that day. If that is the case, then it is possible that another driver’s negligence contributed to this tragic accident. It is important to ask questions like this in the aftermath of such an accident because these questions can help determine whether the victims of an accident can bring a lawsuit to hold the negligent responsible for the part they played in the accident.

The St. Louis car crash attorneys at Page Law are here for you to answer these questions after a car crash. Call us today for a free consultation with no obligation at (314)322-8515 or 1-800-CAR-CRASH. We will fight for your rights and help get you back the peace of mind the accident took from you.

Source: http://www.thetelegraph.com/news/old-54653-year-illinois.html

A man was killed in a tragic six-vehicle chain reaction accident on Highway 63 in Prairie County, Arkansas on May 31, 2011, according to stuttgartdailyleader.com. The accident allegedly occurred when a trailer hitched onto an SUV driving the opposite direction speared in front of a cement truck. The cement truck then struck a big rig, which blocked the highway, before colliding with a second big rig driven by the fatal victim. A third tractor-trailer was involved in the crash when it crashed into the first big rig that was blocking the highway. A car driven by another man of Pine Bluff, Arkansas was also involved in the crash.

Approximate location of the accident:

Police say that the victim was thrown from his truck during the accident and died at the scene. The only other injury in the accident was the driver of the cement truck, who was taken to a nearby hospital. His current condition is unknown.

The entire chain reaction yesterday was allegedly caused by an SUV pulling a trailer. The accident highlights the importance of securing trailers properly and driving cautiously when pulling a trailer. When a vehicle is pulling a trailer, the entire aerodynamic profile of the vehicle changes. The vehicle becomes heavier but the trailer, which is often tenuously linked by a trailer-hitch, can get off balance and swivel when faced with winds at high speeds.

It is important for drivers hauling trailers to make sure that they go slow enough to keep their trailer from getting off balance. As the accident yesterday makes clear, when a vehicle pulling a trailer is driven too fast, the trailer can become a danger to other drivers.

Have you or someone that you know been killed or injured in an accident involving a tractor-trailer? Call the truck accident lawyers in St. Louis at Page Law at (314)322-8515 or 1-800-CAR-CRASH. We will fight to get you the compensation you are entitled to. We will consult with you about your claim for free with no obligation.

Source: http://www.stuttgartdailyleader.com/topstories/x1293700604/Fatal-wreck-on-Highway-63-Tuesday

A man who was pushing his disabled car on the Chain of Rocks Bridge in St. Louis was struck by a tractor-trailer, which shut down the bridge for hours, according to STLtoday.com. The police received two phone calls early that morning at 4:47 a.m. reporting that a disabled vehicle was on the bridge. However, the dispatcher accidentally sent police vehicles to another location that was about 6 miles away. A few minutes later, at about 4:52, the police received more calls about the disabled vehicle, and realized the mistake, and then headed to the correct location at 4:53. The crash occurred at approximately 5 a.m.

Authorities do not believe that the accident could have been prevented if the police had gone to the correct location originally, because police would have needed to execute a turnaround maneuver once arriving at the bridge to reach the disabled vehicle. Also, the early calls were reporting a stalled vehicle, which is typically not a high priority situation that police officers would rush to quickly.

Another factor in the truck crash is that the bridge has no shoulder. The truck driver swerved to avoid the man, but instead struck him. After swerving, the truck hit the median and caught on fire, but the truck driver was not injured.

If your vehicle breaks down, exit the dangerous area that is nearest the road as quickly as possible, even if you have to leave your vehicle behind. Wide vehicles, such as tractor-trailers, may be unable to avoid a collision, even if you have pulled over onto the shoulder. If you have been injured in an accident with a tractor-trailer in Missouri, you have legal rights. Contact the St. Louis truck accident lawyers at Page Law, LLC today for a free consultation on your case. Call us today at 1-314-488-2433. We will be happy to speak with you and answer any questions you have.

Truck driver inattention is a serious problem in Missouri and throughout the United States. Although a truck driver may feel confident in his or her driving abilities, it only takes a few seconds of driver inattention to cause serious injury or fatal tractor trailer accidents.

A St. Louis Post-Dispatch article reports that two motorists have been killed due to a chain-reaction, eight-vehicle collision on I-55 in Jefferson County. Based on the accident report, the 32-year-old truck driver “took his eyes off the road” only to later realize that traffic had come to a stop in front of him. As a consequence of his inattention, the trucker was unable to stop his tractor-trailer in time and struck one car, then ran over a compact vehicle, pulling it along for almost 100 yards.

While a reconstruction report of this MO wrongful death trucking crash may take up to two weeks, it is possible that the truck driver may face civil and criminal charges. As this accident demonstrates, large truck collisions with small vehicles often result in wrongful death. Family members of those lost in such accidents may be able to obtain compensation from negligent parties for funeral expenses, loss of companionship, and even lost earnings. Similarly, when individuals suffer serious or catastrophic injuries in truck accidents, he or she may receive recompense to assist in paying for expenses associated with the accident and subsequent injuries.

At Page Law, our St. Louis personal injury attorneys have a wide range of experience in truck accident litigation. We understand how challenging it is to cope with the loss of a loved one due to a trucking collision. While no amount of money can ever replace such a loss, compensation can help family members avoid financial strain and instead focus on rebuilding. If you have lost someone close to you in a tractor trailer accident in Missouri, please contact our skilled St. Louis truck accident lawyers. Call 314-322-8515 today for a free and confidential consultation.

The driver of a semi trailer on U.S. 31 in Michigan received mild injuries when his truck rolled over on an off-ramp in Spring Lake. According to a Muskegon Chronicle article, witnesses stated that the 61-year-old driver was driving too fast down the sharply curved ramp and failed to obey a yield sign. The truck rolled over on the curve as the automotive parts in its trailer shifted due to the speed.

Witnesses also stated that before exiting U.S. 31, the driver had cut off other drivers and had failed to yield to merging traffic on the exit ramp, although he had the opportunity to do so.

The driver was able to extract himself from the vehicle by crawling out one of the side windows. He was conscious and walking when paramedics arrived, but was taken to a local hospital and treated for minor injuries to his hand. After investigating the rollover, local police ticketed the driver for speeding and for failing to yield the right of way.

The negligence of tractor-trailer drivers leads to a number of accidents every year. Although some, such as this rollover, result in only minor injuries to the driver, others seriously injure or even kill other motorists. The costs resulting from a tractor-trailer accident include medical bills, hospital stays, rehabilitation, lost wages, and pain and suffering. These costs add an additional burden to injured motorists and their families.

If you or someone you love has been injured or killed by a truck driver’s negligence, please contact the experienced Missouri semi truck accident attorneys at Page Law. Our attorneys will protect your legal rights and fight to recover the compensation you need to move forward from the accident. Call (314) 322-8515 to schedule a free and confidential consultation with an experienced Page Law attorney.

Two semi trucks collided on the shoulder of Interstate 57. A 45-year-old man driving a semi truck hit a parked truck when he lost control of the vehicle and ran onto the shoulder of the highway. The other driver, a 24-year-old man, was in the second vehicle. The two trucks were carrying cargo of butter and lumber. The collision caused one truck’s fuel tank to split open, igniting the cab while the other truck’s trailer spilled sticks of butter on the highway.

The local fire department managed to keep the flames from burning all the cargo. Police and cleanup crew spent two days cleaning the butter spilt onto the interstate. The at-fault driver reportedly ran off the road upon spilling his coffee. Both drivers were hospitalized for serious injuries.

Continue reading "Two Semi Trucks Crash, Spilling Butter All Over Interstate 57" »

According to recent reports, new legislation in Illinois will reverse a state law regarding how fast truck drivers are allowed to travel. The new law will reverse a previous law that prohibited truck drivers from traveling faster than 55 miles per hour. This new legislation raises the question of whether more truck accidents will occur if such large vehicles are allowed to drive at higher speeds. While passenger vehicles traveling at excessive speeds are certainly dangerous, semi-trucks and big-rigs doing so are certainly recipes for disaster.

Instances of truck accidents are certainly not new, and may in fact not end up being more problematic than they have been in the past, but it still seems counterintuitive for any state government to adopt legislation that permits any vehicle to travel at higher rates of speed. Faster speeds will ultimately lead to more instances of vehicular accident injury and increase the likelihood of wrongful death. AAA and other highway safety advocates argue that a uniform speed limit will only lead to deadlier traffic accidents. Truck drivers and higher truck speed limit advocates argue that the safest possible conditions for vehicular traffic must always dictate vehicles traveling at the same rate of speed, and that trucks that are forced to drive at a slower rate than passenger cars are nothing more than targets waiting to get hit.

Continue reading "IL Speed Limit Rise Could Increase MO Truck Accidents" »

Carrollcountynews.com recently reported that a 75-year-old motorcyclist from Missouri was killed in Arkansas when his motorcycle collided head-on with a pickup truck. The accident occurred on Highway 23 when the 22-year-old driver of the truck crossed the centerline and struck the motorcycle. According to law enforcement officials, charges are pending against the truck driver who was injured in the crash.

Road conditions that day were dry, the motorcyclist was wearing his helmet, and even the driver of the truck was wearing his seatbelt. While the truck driver was injured after his vehicle rolled over, the motorcyclist lost his life. Tragically, it only takes one minor mistake for a life to be lost. While the outcome of the accident could have been prevented if the truck driver had simply remained in his traffic lane, it is an unfortunate fact that reckless driving habits take the lives of motorists throughout the U.S., Missouri included.

Motorcyclists are particularly susceptible to serious injury for the simple fact that they are not protected within the framing of an automobile. Therefore, it is absolutely critical that all motorists refrain from driving at excessive speeds. It is also important for motorists to take necessary precautions at intersections and safely proceed around bends in the road. Truck drivers in particular, being at the helm of large and powerful vehicles, need to exercise proper caution in order to prevent catastrophic accidents from occurring.

Continue reading "MO Motorcyclist Killed by Pickup in Head-On Collision" »

In a press release issued today, text messaging and driving may soon be banned in all states. It will be mandated that all states ban texting while driving if they want to receive highway funding. If they do not comply with the requirement to ban texting while driving, their funding will be withheld. So far 19 states have banned texting and driving. Texting has been linked to many serious Missouri car and truck accident cases. Experienced personal injury lawyers always explore the possibility of an at fault driver texting before a crash.

Illinois is the most recent state to prohibit texting while driving. The law was signed into effect on August 6 bringing the total of states that have banned text messaging while driving to 19. It is expected that Missouri will soon follow the lead of its neighboring state.

In St. Louis, Missouri a tractor trailer accident causing multiple fatalities on Highway 40 was allegedly caused because the semi truck driver was texting while he was driving and caused a chain reaction accident. Entire families were killed during this horrendous truck accident.

According to the Automobile Club of America, the risk of having a car accident increases by 50% for those who text message and drive at the same time. With 46% of new drivers surveyed saying they text and drive, teens are the largest group texting and driving, increasing the risk of cell phone auto accidents in Missouri and throughout the nation.

Continue reading "Texting and Driving Can Be a Deadly Combination" »

According to this report in the Hannibal Courier-Post, the driver of a tractor-trailer faces involuntary manslaughter charges in connection with a St. Louis truck wrongful death accident that claimed the lives of two northeast Missouri residents last summer. The driver, a 49-year-old man from Muscle Shoals, Ala., allegedly plowed his truck into stopped traffic on Interstate 64/40 in July 2008. The resulting impact killed an 88-year-old Kahoka man and 55-year-old woman from Canton. The truck driver is currently being held in the St. Louis County Detention Center in Clayton on a $250,000 cash-only bond.

Accidents involving tractor-trailers are especially deadly as these large trucks often haul up to 80,000 pounds of freight. Smaller passenger vehicles simply cannot withstand the impact of this much weight traveling at any rate of speed, and the rates of death and catastrophic injury are much higher when a semitrailer truck is involved. The survivors of truck accidents in Missouri often face a steep and very expensive uphill climb to recovery with lengthy hospital stays, grueling physical rehabilitation regimens, and medical bills that quickly climb into the hundreds of thousands of dollars.

If you or someone you care for has been injured or killed in a truck accident, the St. Louis truck accident lawyers at Page Law may be able to help. This St. Louis personal injury law firm has helped countless clients injured or killed in St. Louis auto accidents receive the compensation they deserve to offset steep medical expenses, and hold those responsible for the accident accountable for their actions. To speak with their experienced St. Louis truck accident attorneys, call them today at (314) 322-8515. More detailed information can be found at www.truckaccidentlawgropup.com.

A recent Missouri tractor trailer accident killed one person and has led to a personal injury lawsuit. Specifically, the family of the young man killed in this big rig crash has filed a wrongful death lawsuit. The crash occurred while the decedent was driving on east on Martin Luther King Bridge, from Missouri into Illinois.

As the decedent was driving eastbound, the tractor trailer and another vehicle, rented from Enterprise Leasing Company, were driving west on the bridge. The driver of the Enterprise vehicle wanted to pass the tractor trailer, despite being in a no-passing zone. When the car tried to pass the tractor trailer, he allegedly pulled into the decedent’s eastbound lane and caused the collision with the vehicles.

The family of the decedent seeks compensation for deprivation of the decedent’s love, affection, society and support in addition to costs associated with the death itself. This Missouri wrongful death suit was filed against the driver of the vehicle for negligence and also against Enterprise Leasing Company because the family alleged negligent entrustment of the vehicle being leased to the allegedly reckless driver. The family claims that the actions of Enterprise combined with the negligent driver were the proximate causes of the injuries and death suffered.

The family seeks in excess of $200,000 in this Missouri personal injury action. If you or a loved one is injured in a car accident, call Page Law for a free consultation with a skilled St. Louis trucking accident attorney. We are happy to assess your legal rights and discuss your legal options with you.

Call 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit my website, www.injuredclient.com for more information. You pay nothing until you recover.

News reports releasing recent statistics about traffic accidents that are caused by “driving while texting” compare texting to being drunk while driving. Although most of the statistics were related to teenage drivers, who were inexperienced on the road, teenagers aren’t the only ones causing traffic accidents because they are negligent in failing to keep a proper lookout while driving.

In fact, a 30-year-old tractor trailer driver has recently been charged with vehicular homicide and reckless driving with serious bodily injury after his 18-wheeler caused a crash with a school bus. The truck crash, which occurred in Florida, has gained increased media attention, as it was caused by a negligent tractor trailer driver, who admits he was text messaging minutes before he rear-ended a school bus that was stopped on the road. The school bus burst into flames. This crash ultimately injured 11 children and killed a 13-year-old girl, who could not be pulled out from the flaming bus.

The tractor trailer driver turned himself in to authorities after the tractor trailer crash, accepting that he was distracted from the road and negligent in driving. Despite his remorse, the fact of the matter is that a young girl died and eleven others were injured because of a simple negligent action on the road that could have been prevented. Recent legislation in some states ban texting while driving, although Florida is not one of them. Despite the lack in particular legislation, texting while driving can still be used to show negligence and prove liability in personal injury claims stemming from a tractor trailer accident.

Injuries stemming from big rig crashes are often life-threatening and unfortunately fatal, as the above case shows. The damages that result from St. Louis big rig accident injuries range from broken bones, head trauma, brain damage, and death. Many of these injuries require life-long medical treatment and therapy.

Injuries sustained as a result of the negligence of a truck driver are compensable. As a founding partner of Page Law, A Missouri Personal Injury Law Firm, I aggressively represent clients injured in tractor trailer accidents in Missouri on a daily basis. Call me for a free consultation to discuss your case at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also visit www.truckaccidentlawgroup.com for more information.

StJoeNews.net reports in an account that on April 5, 2009, a compact car driven by a 23-year-old Liberty woman rear ended a Missouri DOT truck. The accident occurred a few miles south of St. Joseph on I-29. The DOT truck was stopped in the passing lane of I-29 northbound with a warning directional arrow activated to signal motorists into the driving lane. The driver of the compact car suffered minor injuries from the auto accident in Missouri.

During spring, the Department of Transportation rushes to repair the toll that winter takes on Missouri’s roadways. As part of that repair effort, state workers often have to stop in one or more lanes of a roadway. Although the big orange trucks of the DOT carry warning lights to notify motorists that the vehicles are moving slowly or have stopped, obstructed sight lines or other situations can slow driver reaction time, creating the potential for dangerous accidents.

We would like to take this opportunity to remind Missouri motorists to be careful on the highways and interstates during the annual spring road repairs. Be cautious approaching hills, curves and other places where sight lines are restricted.

Over 40,000 people are killed each year on the nation’s highways. Don’t become another statistic. Stay alert behind the wheel and pay attention to the lights and warning signals on state vehicles.

If you have any questions about car accidents, truck accidents or workers compensation, please contact us at the Missouri personal injury law firm Page Law. We have handled numerous cases of individuals suffering catastrophic injuries caused by the negligence of someone else as well as helped families receive financial compensation for the wrongful death of a loved one. Call us today at (314) 322-8515 to discuss your case with an experienced St. Louis personal injury attorney.

A tractor trailer driver, who suffers from a medical condition that causes him to lose consciousness easily, recently caused a tractor trailer accident in Temple, Texas. Big rig crashes caused by driver medical complications, similar to this one, have led to increased demands from FMCSA regulations, requiring more rigorous routine medical checkups for CDL holders. Although FMCSA standards for medical checkups have recently been revised, statistics for accidents caused by tractor trailer drivers either taking medications while driving or experiencing medical complications while driving have still increased.

In this Texas tractor trailer accident, the 50-year-old truck driver lost consciousness and lost control of his commercial vehicle. The 18-wheeler continued traveling on I-35, hit a concrete embankment and went airborne for over 100 ft before crashing into a hotel. The big rig slammed into the Temple hotel, injuring hotel patrons and throwing hotel workers onto the ground.

Firefighters had to extricate the driver through the wreckage. The tractor trailer driver was injured and transported to the hospital. Luckily, none of the injuries suffered were life-threatening. Many tractor trailer accidents caused by medicated drivers and drivers experiencing complications from medical conditions end with more grim results.

Continue reading "Missouri Truck Accident Attorneys" »

Federal Motor Carrier Safety Administration (FMCSA) crash studies recently revealed that 22 percent of large-truck crashes occur because truck drivers are unfamiliar with the roadways they are traveling. Commercial Motor Vehicle (CMV) drivers (truck drivers, tractor trailer drivers, etc.) regularly travel to new destinations, so they are often unfamiliar with their surroundings. Driving at night in new areas also adds to difficulties encountered while traveling on untried roads.

FMCSA reports indicate that CMV drivers sometimes read maps or directions while driving in new areas, distracting them from the road and causing large truck crashes on our nation’s highways. FMCSA suggestions for preventing these accidents are to review maps and plan a route before driving, to always use signals while driving, and to be careful while changing lanes and direction of travel.

In three years, roughly 50,000 moving violations were cited as improper lane changes and improper turns. Additionally, about 630,000 motor vehicle accidents occur because of lane-changes every year. Many of these accidents cause severely injure and even kill innocent motorists and passengers. Many times, these violations can be used to prove fault on part of the tractor trailer driver and the trucking company. An experienced Missouri truck accident lawyer will know exactly how to uncover the violations for a truck company and its drivers.

Often times, simply missing an exit or passing up the right turn will end up causing an accident when a driver tries to overcompensate and correct for a missed turn. All drivers have a duty to exercise reasonable care while driving, despite unfamiliarity with road conditions. Cautious driving will ultimately prevent many accidents, but if you or a loved one has been injured by truck driver’s negligence, it is important to obtain an experienced truck crash lawyer.

The skilled St. Louis truck accident attorneys at Page Law, A Missouri Personal Injury Law Firm, are aggressive and experienced at handling truck accidents that result in serious injury and death. For a free consultation call 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me John Page, a partner at Page Law, at john@pagecagle.com for more information.

Driver fatigue and drowsiness are both conditions that can have a deadly impact on a commercial truck driver's ability to wield and maintain proper control of his or her vehicle. If control is lost, St. Louis truck accidents happen. With over 4,350 large truck accidents a year, it is important to make sure truckers are not avoiding sleep to stay on the road.

In order to tame this problem, in 1937 the Federal Government began regulating the amount of hours truck drivers are allowed to work in one time span. Referred to as the hours-of-service regulations, the Interstate Commerce Commission required truck drivers to work on a 24-hour cycle, limiting a driver's maximum drive time to 10 hours and requiring the driver to stop after 10 and rest for at least 8. There was also a cap put on the maximum amount of drive time one could accrue over several consecutive days. Truckers were allowed to drive 60 hours over 7 consecutive days and 70 hours over 8.

Many debates regarding the appropriate time limits have taken place over the past 70 years; however, in 2005, new rules dramatically increased the maximum driving hours. Today, the Federal Motor Carrier Safety Administration (FMCSA), part of the United States Department of Transportation, is the agency in charge of enforcing the hours-of-service regulations. The new rules allow a truck driver an 11 hour daily driving limit and a 14 hour daily duty limit, thus providing the driver an extra hour of driving and 3 additional hours to be working during the day, as long as he or she is not driving during those 3 hours.

Continue reading "Trucking Hours-of-Service Regulations: Good Law Going Bad" »

Drug and alcohol abuse play a major role in the number of automobile and truck accidents in Missouri and throughout the country every year. Because of this, truck companies are supposed to enforce a zero tolerance drug and alcohol policy for their truck drivers; however, accidents still occur while truck drivers are under the influence of one or both.

Commercial truck drivers can be under great deals of pressure and often have very strenuous schedules. These sorts of conditions can easily lead a trucker to employ controlled substances to assist him or her in fighting fatigue, the number one cause of St. Louis truck accidents as well as collisions across the nation. However, combating fatigue with drugs or alcohol is no solution. Using drugs or alcohol while driving a tractor trailer can lead to cloudy judgment and slower reflexes, both of which contribute to driver error.

In a study conducted by the National Transportation Safety Board, the Board concluded that one-third (33%) of all the truck drivers studied, who died in a highway accident had recently used drugs or alcohol, based upon the examination of their bodies after the accident. Of the one-third examined, cocaine, marijuana, alcohol and other various stimulants, including amphetamines, were discovered in their systems.

Continue reading "Trucker Drug and Alcohol Abuse: The Real Facts" »

In addition to fatigue and drug /alcohol abuse, faulty trucking equipment, specifically brakes, plays a major role in the amount of truck accidents in Missouri per year. Today, most tractor-trailers on the road employ an air braking system, opposed to the hydraulic braking system utilized by cars and non-commercial trucks. While the latter uses hydraulic brake fluid to engage the systems stopping power, the former utilizes high pressure air (hence the hiss you often hear from these vehicles when the brakes are released).

The current problem is that most of the tractor trailer air brake systems do not automatically adjust for wear, so unless they are diligently maintained, brake performance can seriously deteriorate. The simple truth is that most of the brake systems are not diligently maintained.

In a report published in 2005, by the Federal Motor Carrier Safety Administration (FMCSA), to determine the causes of, and contributing factors to, crashes involving commercial motor vehicles, the FMCSA concluded that brake failure and lack of adjustment had affected 41,000 trucks in the study, or approximately 30%. The study also noted that while brake problems where present for almost 30% of the trucks, only 5% of the passenger vehicles were found to have brake issues.

Continue reading "Tractor Trailer Accidents and Brake Problems…When Will They Ever STOP" »

A Missouri truck driver died in a single-vehicle accident after his truck ended up in a Lawrence County creek. According to the Missouri Highway Patrol, the 57-year-old man from Stotts City, Missouri was pronounced dead at the scene. The truck crash allegedly occurred on Farm Road 1040, near Stotts City.

The truck crash facts are as follows:

1. The man was allegedly driving his truck southbound on Farm Road 1040, when he ran off the road;

2. After running off the road, the truck hit an embankment and flipped over, sliding into a bridge;

3. The truck then ran into the creek where it was found.

Continue reading "Missouri Truck Driver Dies in Single-Vehicle Accident" »

A tractor trailer overturned on three cars in a recent Arkansas semi-truck crash. Two injured drivers were airlifted to the hospital for serious injuries; another driver and the tractor trailer driver walked away from the accident without injuries. The accident allegedly occurred because the tractor trailer driver lost control of his commercial vehicle while going downhill on U.S. 412. The tractor trailer driver swerved after going around a curve, ultimately colliding into three other vehicles.

The tractor trailer driver attempted to regain control of his weighty vehicle but was unable to manage the big rig and swerved into a Missouri truck driver; the trailer next struck another vehicle and pushed it into an engineering firm located off the road. Finally, the tractor trailer collided into one more automobile before coming to a stop. The Arkansas tractor trailer driver was cited for careless driving.

Arkansas averages around 2,000 large truck accidents per year, including tractor trailer crashes. Of these accidents, roughly 100 are fatal truck crashes and 800 result in injury. Most of these accidents are blamed on truck drivers for negligent actions, like the tractor trailer crash discussed above.

When a truck driver loses control of his/her vehicle and injures another driver, passenger or even pedestrian, a negligence claim will almost always be asserted. It is important to contact an experienced truck accident lawyer immediately. Truck drivers, like all drivers on the road, are required to practice reasonably safe driving practices to avoid injurious truck accidents. When a truck driver breaches this duty of safe driving and causes an automobile accident resulting in injury or death, he/she will likely be found at fault and will be liable to those injured as a result of such negligence.

Continue reading "Missouri Truck Driver Involved In Arkansas Tractor Trailer Accident" »

The Springfield News-Leader recently reported on a Missouri tractor trailer crash. This semi truck crash reportedly took police over 8 hours to clean up.

The accident occurred while a semi truck was traveling north on U.S. 65. The large tractor trailer crashed on a section of the highway, which crosses over Catalpa Street, and ran into a bridge. Diesel fuel leaked from the damaged big rig, although nothing caught fire. The bridge involved in the collision was damaged, and the Missouri Department of Transportation is investigating possible structural damage.

Continue reading "Missouri Tractor Trailer Crash Makes a Mess" »

A 66-year-old man was killed this week in a tractor trailer crash in Lima, Ohio. The man was driving his van when a tractor trailer driver failed to stop at a stop sign and collided into the decedent’s van. The man was killed on impact and the tractor trailer driver was arrested for vehicular homicide.

Failure to yield to traffic signals proves driver negligence, as the driver failed to use the highest degree of care when he ran the stop sign. In this case, the tractor trailer driver’s action, or inaction, was allegedly the sole cause of this collision, making him and/or his employer liable for the truck accident. Driver negligence is the leading cause of all traffic accidents. Unfortunately, many crashes are fatal, like this one.

Two weeks prior to this tractor trailer crash in Ohio, another similar tractor trailer accident occurred in Florida. In Moore Haven, Florida, a tractor trailer driver failed to stop at a stop sign and ran into a van. In this crash six people were thrown from their vehicle and instantly killed. Additionally, 50 gallons of diesel fuel were spilled on the two-lane highway. As in the Ohio case above, the tractor trailer driver was at fault. Both the driver and his employer will most likely be held liable for the damages incurred pursuant to the Federal Motor Carrier Safety Regulations.

Continue reading "Ohio and Florida Tractor Trailor Accidents Kill Innocent Victims" »

An injured Missouri truck driver was saved from a truck fire after an accident on Interstate 64. The man who saved the driver, and also allegedly caused the truck accident, was driving from Cape Girardeau to Columbia, Missouri. The man, who is a Mizzou employee, saw a two-car accident along the side of the highway; directing his attention away from the road and to the other accident, the man didn’t see a truck that was partly parked on a median near Highway 141.

He hit the truck going between 30 and 40 miles per hour, and a third car also rear-ended his vehicle. The third car that rear-ended him left the scene of the Missouri truck accident. Ironically enough, because the hit-and-run driver fled the scene, the Mizzou employee was able to reverse and move his car, which allowed him to save the injured truck driver from the flames.

The St. Louis Post Dispatch report details the events leading to both vehicles being totaled by the truck fire.

The injured truck driver was rushed to the hospital. West County EMS authorities say the man’s injuries would not have allowed him to escape his truck without assistance. Severe, life-altering injuries like this are frequently sustained in truck accidents, and injured victims often don’t know where to turn.

For experienced legal assistance and guidance on what to do after a truck crash, call an experienced St. Louis truck accident lawyer at Page Law, a Missouri Injury Firm for a free consultation. You pay nothing unless you recover. Our truck accident lawyers are experienced litigators and trial attorneys.

Call Page Law at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit my website, www.TruckAccidentLawGroup.com, for more information.

A recent Missouri semi truck accident, which caused another tractor trailer crash, injured three people. The large truck accidents occurred last Wednesday in Waynesville, Missouri. The first semi truck crash, on Interstate 44 near Big Piney River Bridge, occurred because the semi truck was jackknifing and crashed through median guard cables, pushing a car into a rock bluff.

The tractor trailer from the first large truck accident blocked both eastbound lanes of traffic on I-44, causing another Missouri tractor trailer crash. In the second large truck crash, a Freightliner trying to avoid the blockage on the interstate collided with another automobile.

Authorities say the woman driving the car involved in the second Waynesville auto accident moved to the shoulder of the road to avoid the previous crash when the Freightliner, also trying to avoid the first crash, slid on wet pavement, hit the first towed truck and caused it to strike the car. The Waynesville Daily Guide reported that the three individuals injured in the truck crashes, one of whom was 73 years old, were sent to a hospital in Rolla, Missouri for treatment.

If you or a loved one is injured in a truck crash call Page || Cagle, a St. Louis Personal Injury Law Firm, for a free consultation at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit my website, www.TruckAccidentLawGroup.com for more information.

A Missouri tractor trailer crash on Interstate 29, near St. Joseph, Missouri, injured two adults and three children. The tractor trailer hit a vehicle, crashed onto a road running underneath the interstate, and burst into flames. All injured victims were transported to the hospital.

According to the Highway Patrol, the tractor trailer driving north on Interstate 29 was traveling in the passing lane when it attempted to move into the driving lane. Upon changing lanes, the tractor trailer swerved and slammed into a Jeep. The big rig then struck a bridge rail on the northbound lanes before traveling over the rail and crashing on Missouri Route DD, which travels underneath the interstate. Following the violent St. Joseph truck accident and before rescue crews had arrived, the tractor trailer burst into flames.

When you add speed and size together, big rigs are hard to handle. Although the exact cause of this semi truck accident is pending investigation, swerving and jack-knifing tractor trailers often cause accidents and severe injury because drivers lose control of their weighty commercial vehicles.

If you or a loved one is injured in a tractor trailer crash, I am more than happy to discuss your case with you free of charge. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit my website, www.MissouriTractorTrailerCrash.com for more information.

Missouri police are investigating a three-car accident that occurred near Ashland, Missouri. The accident involved one large truck, a sport utility vehicle, and a van. The Missouri car accident critically injured one and sent two to the hospital. The Missouri Highway Patrol suspects the driver of the truck, who allegedly caused a portion of the accident, was under the influence of alcohol.

According to authorities, the accident occurred when the driver of the SUV was attempting to cross Highway 63 at Route A. The SUV hit the truck while trying to cross the highway, but regained control. After the truck was hit, the truck crossed over a lane of traffic and continued to hit a van that was entering the highway. Those injured in the Ashland auto accident were airlifted to the hospital; the driver of the van was the only uninjured driver.

Although no citations were issued at the scene of the accident, authorities report that the truck driver seemed to be under the influence of alcohol. Alcohol-related traffic accidents are, unfortunately, quite common and cause severe injury and death. In 2006, national statistics indicate that over 30% of the year’s traffic fatalities, nearly 14,000 deaths, were caused by alcohol-related accidents. Additionally, approximately 2,000 of those killed were children under the age of 14.

Alcohol-related car crashes often lead to car accident lawsuits and wrongful death claims. Page Law, A Missouri Personal Injury Law Firm, aggressively represents injured clients in Missouri car accident claims as well as the families of those killed in traffic accidents in wrongful death actions.

Contact Page Law for a free consultation. You pay nothing unless you recover. Call 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit www.missouricaraccident.com for more information.

A Missouri woman filed a personal injury claim after sustaining severe injuries in a St. Clair County car accident. The woman alleges injuries to her neck, back, shoulder, hip, and wrist. She is suing for injury against the driver of the vehicle, as well as his employer.

This Missouri car accident lawsuit alleges the Plaintiff was driving west on State Street, and the employee (defendant) was driving his truck in the same direction on the same street when he hit her. Allegedly, the driver of the truck traveled outside of his lane and hit the woman's car, causing her to not only sustain injuries but also to miss work. She sued for lost wages, medical costs and pain and suffering.

It is alleged that there is evidence of truck driver negligence in several respects:

1. That he was driving over the speed limit;
2. That he failed to drive with reasonable caution or carefully;
3. That he failed to stop or slow down before the collision; and
4. That he drove without a driver's license.

Continue reading "St. Clair County Truck Accident Puts Driver and Employer on Defense" »

Taillight visibility is often an issue of dispute in truck accident claims when failure to maintain the truck is alleged. Often, when a motor vehicle is hit from behind, the vehicle that rear-ended the automobile in front of it will be held liable.

Typically courts will find rear-ending driver failed to keep a proper distance between the car in front of it or that the car failed to maintain a reasonable and cautious speed that would allow for safe immediate stops. However, if a car rear-ends a vehicle and causes a truck accident because the leading car’s taillights were not visible, the car that would typically be “at-fault” may be able to file suit against the leading car’s driver for failure to maintain the taillights. We do not see many of these Missouri truck accident cases.

A case that establishes the above rationale was litigated in Louisiana courts. In this case the parents of a deceased minor brought a wrongful death claim against the driver of a large truck that was hit in the rear by the minor. Here, the truck driver was waiting to make a left turn in the lane when the minor collided into the rear of the truck.

The minor was killed in the large truck crash. Although in most cases the minor would be found liable for rear-ending the truck, here, the truck driver stopped in a travelled portion of the highway to turn and did not have visible taillights or other visible warning lights to signal a turn. The court held that because of the lack of visible taillights, the decedent minor was not negligent in failing to observe the truck.

Continue reading "Wrongful Death Claim in Rear-End Truck Accident Based on Taillight Visibility" »

Saint Charles, Missouri is the county seat of St. Charles County. In the early years of its statehood, Saint Charles served as capital of Missouri until Jefferson City was ready to assume the role. Saint Charles is arguably the starting point of the Lewis and Clark expedition as it was the last established American city along the route and where Clark waited for Lewis to arrive from St. Louis. Much like any growing city, the inflow of new residents leads to an increase of cars on the road and an increase in auto and truck accidents.

The Saint Charles tractor trailer accident attorneys at Page//Cagle have represented those seriously injured in accidents for their entire careers. A large number of the cases we handle are referred to us by other lawyers and law firms because many law firms simply do not have the time or the resources needed to take on serious injury cases. Whether you were injured in a Saint Charles car accident, truck accident, or motorcycle accident the St. Charles County personal injury lawyers at Page//Cagle will provide the kind of expertise that’s needed to win serious auto accident cases and justly compensate the victims for their injuries.

As Saint Charles auto accident lawyers, Page//Cagle, a Missouri Personal Injury Law Firm, we have been handling these cases our entire careers. We have successfully and aggressively represented clients injured in many types of vehicle accident cases.

To reach the Saint Charles motorcycle accident lawyers at Page//Cagle, 24 hours a day, call 314.322.8515 or toll free at 1.800.500.INJURY (4658). If you do not want to call or cannot call, you can email John Page directly at john@pagecagle.com. The consultation is free and there is no fee unless we recover for you. We look forward to discussing your case and helping you through these difficult times.

A recent truck accident case in Washington was the result of defective truck equipment. This interstate highway truck accident ended up with the truck crashing through a guard rail and rolling over into a median. Authorities say the truck driver lost control of the vehicle because of a bad tire. The tire allegedly came apart before the incident and caused the crash. The truck driver was injured during the truck accident.

When a Missouri truck accident occurs because of a defective product, as alleged here, usually a product liability lawsuit will be filed to recover for injuries and resulting damages. However, product liability claims in regard to items such as tires are assessed differently than other product liability claims.

An injury victim can file a product liability claim after a product, while being used in the proper manner, failed to work correctly and caused injury to a consumer. Tires are often hard to assess in terms of being used for the “proper manner.” This is because even when used in the correct manner, in terms of driving, dangerous situations can still be created through driver (consumer) fault.

Drivers can use the product in an inappropriate way in terms of care, causing Missouri truck accidents. For instance, a semi-truck driver may not maintain the tires on his tractor trailer according to the correct safety standards.

Continue reading "Defective Tire Failure Causes Injury Truck Accident" »

Every morning kids in Missouri get onto the school bus to go to school. From Saint Louis to Kansas City, loving parents send their children off with a hug and kiss and trust the driver of the school bus to get their little ones to school safely.

On Thursday October 10, 2008, the unthinkable happened in Gray Ridge, Missouri. A school bus loaded with several school children, ages six to thirteen, failed to yield and was hit by an SUV. This Missouri bus accident is every parent’s nightmare. The SUV had 6 passengers that were all wearing seatbelts. They were seriously injured in the bus accident and five were transferred to the hospital by ambulance. The driver of the SUV was airlifted to Cape Girardeau, MO medical facility. The children on the school bus and the 43 year old driver sustained minor injuries. The Missouri school bus driver was treated at a nearby facility. The SUV is reported to be totaled and the bus has extensive damage.

Although the children seemed to be fine, it is important to recognize the fear the parents felt when they received a call informing them their child had been in a bus accident. It serves as a reminder that even big yellow busses are not immune to accidents and can cause a lot of damage.

I am a founding partner of the St. Louis personal injury law firm, Page//Cagle. As a Missouri personal injury attorney, I successfully and aggressively represent bus accident victims on a daily basis. If you have any questions or concerns involving a Missouri bus accident case or any other personal injury case, I am happy to discuss the facts with you and answer any concerns you may have. I offer free consultations and there is no fee unless you recover.

You can contact me 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can email me at john@pagecagle.com or visit www.injuredclient.com for more information.

O’Fallon, Missouri is located in central Saint Charles County, Missouri. O’Fallon is one of the largest cities in Missouri and is currently in the midst of a population boom. During the 1830’s and inspired by Gottfried Duden’s Republic of the Western States of North America, many Germans settled in the O’Fallon area. Many rapidly growing cities, like O’Fallon, experience sudden rises in personal injuries as more people flood the area and require the assistance of an experienced personal injury law firm.

The O’Fallon car crash lawyers at Page Law have represented those seriously injured in accidents for their entire careers. We do not believe in simply taking and processing large amounts of cases; rather, we limit the number of cases we accept so that each and every client receives the proper personal attention they deserve. Whether you have a O’Fallon truck accident injury or were injured in a boating accident or railroad accident the Saint Charles County auto accident attorneys at Page Law will provide the kind of expert representation that wins cases and earns our clients the compensation they need.

The O’Fallon motorcycle accident attorneys at Page Law will be happy to discuss your case with you and answer any and all questions you may have. The consultation is always free.

We can be reached 24 hours a day at (314) 322-8515. There is no fee unless you recover for the serious personal injuries you sustained. If you do not want to call or cannot call, you can email John Page directly at john@pagecagle.com. We look forward to discussing your case and helping you through these very trying times.

One man was injured in a Missouri head-on collision Sept. 27 on the Interstate 57 after the left rear tires failed on a recreational vehicle, causing it to cross the median and strike a tractor. According to an article in the Standard-Democrat, the recreational vehicle was being driven by 78-year-old Paul E. Rose of McAllen, Texas. The tractor, driven by 38-year-old Kevin Taylor on the southbound lanes struck a car being towed by the recreational vehicle, Missouri State Highway Patrol officials said.

Both the vehicles went off the roadway and rolled over. The towed vehicle, which Taylor struck, reportedly exploded on impact and caught fire. Taylor was reportedly uninjured while Rose was transported to an area hospital where he was treated for moderate injuries.

Based on this news report, it appears that this auto accident was caused by the tires that blew in the recreational vehicle. Any time a tire failure causes an accident, injury victims should consult and experienced Missouri product defect attorney to examine the tires to see if they were defective. If this accident had caused catastrophic injuries or death, the company that manufactured the defective tires could be held liable.

Sometimes, tire blowouts on the freeway could also be caused because of lack of proper maintenance. In such cases the vehicle owner may be held liable if the other party is injured or killed.

It takes a knowledgeable and skilled Missouri personal injury attorney to dissect these cases, investigate specific incidents, pinpoint causes and determine who was responsible. If you or someone you love has been involved in a Missouri auto accident, please call me or e-mail me to find out if you have a personal injury case. At my firm consultations are always free.

The driver of a big rig who dozed off on Interstate 57 caused a fatal West Frankfort truck accident, which killed two people and seriously injured two others, the St. Louis Post-Dispatch reports. Yasmin S. Jackson and Kevetta C. Davis, both 19 and sophomores at the Southern Illinois University Carbondale died in the crash.

The truck driver, who was transporting equipment for rock star Bret Michaels fell asleep at the wheel, crossed over the interstate and slammed into Jackson’s sport utility vehicle and a pickup, officials said.

The driver of the pickup, 63-year-old William B. Wiley and his passenger Colleen N. Wiley, 59, suffered major injuries. The big rig driver, 38-year-old Dennis Hernandez of Lamont, Calif. suffered minor injuries. He was reportedly charged with driving on a suspended license and several other traffic violations.

Continue reading "West Frankfort Truck Accident Kills 2 College Students" »

Lee’s Summit, Missouri is a moderately sized city located in Jackson and Cass Counties. The city’s name is actually a misspelled version of its intended name: Lea’s Summit, after a doctor that once lived and was murdered there by Jayhawkers. Also calling Lee’s Summit home were four members of Jesse James’ famous James-Younger gang. While the violent clashes between Union and Confederate supporters are long since over, the citizens of Lee’s Summit still need representation when the negligence of others results in personal injury.

The Lee’s Summit personal injury attorneys at Page//Cagle have represented those seriously injured in accidents for their entire careers. A large number of the cases we handle are referred to us by other lawyers and law firms because many law firms simply do not have the time or the resources needed to take on serious injury cases. Whether you were injured in a Lee’s Summit car accident, truck accident, or motorcycle accident the Missouri vehicle accident attorneys at Page//Cagle will provide the kind of expertise that’s needed to win serious auto accident cases and justly compensate the victims for their injuries.

As Lee’s Summit personal injury lawyers, Page//Cagle, a Missouri Personal Injury Law Firm, we have been handling these cases our entire careers. We have successfully and aggressively represented clients injured in many types of vehicle accident cases.

To reach the Missouri tractor trailer accident attorneys at Page//Cagle, 24 hours a day, call 314.322.8515 or toll free at 1.800.500.INJURY (4658). If you do not want to call or cannot call, you can email John Page directly at john@pagecagle.com. The consultation is free and there is no fee unless we recover for you. We look forward to discussing your case and helping you through these difficult times.

A woman was recently killed in a fatal truck accident allegedly caused by a drunk truck driver in North Carolina. The truck driver, who blew a .18, flipped his large truck after hitting an embankment on a local highway. The truck driver was charged with a DWI and felony death by vehicle. No civil charges have been filed.

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), a federal industry that provides uniform laws for all commercial vehicles traveling between states. The agency was created because large truck accidents continue to rise in number every year and are subject of growing concern, as the damage caused by such incidents are so grave.

A primary area of emphasis for the FMCSA is drug and alcohol testing for commercial drivers. The agency not only requires testing prior to being licensed, but also implements continued drug and alcohol testing to prevent possible dangerous situations, such as the accident above that was likely caused by a drunk truck driver.

The following alcohol tests are required:

Continue reading "Fatal Truck Accident Blamed on Alcohol" »

Columbia, Missouri is the county seat of Boone County and the largest city in mid-Missouri. Columbia is well-known both inside and outside Missouri as a college town. Three institutions, the University of Missouri, Columbia College and Stephens College contribute to Columbia’s “College Town USA” nickname and status. In fact, over half of the city’s near 100,000 residents have bachelors degrees and over a quarter have graduate degrees. A city so densely packed with college students will invariably lead to personal injuries of all sorts.

The Columbia auto accident attorneys at Page Law have represented the college students of Columbia for their entire careers. We do not believe in simply taking and processing large amounts of cases; rather, we limit the number of cases we accept so that each and every client receives the proper personal attention they deserve. Whether you were injured in a Missouri auto accident, boating accident, or railroad accident the Columbia truck accident lawyers at Page Law will provide the kind of expert representation that wins cases and earns our clients the compensation they need.

The personal injury lawyers at Page Law will be happy to discuss your case with you and answer any and all questions you may have. The consultation is always free. There is no fee unless our Columbia personal injury attorneys recover for the personal injuries you sustained.

We can be reached 24 hours a day at (314) 322-8515. If you do not want to call or cannot call, you can email John Page directly at john@pagecagle.com. We look forward to discussing your case and helping you through these very trying times.

Springfield, Missouri is a city of over 150,000 residents in Greene County, Missouri. Like many cities in Missouri and surrounding regions, Springfield is the site of many notable historic events. The first of the infamous quick-draw gun dueling battles of the Old West took place in Springfield between Wild Bill Hickok and Davis Tutt Jr.

Additionally, Springfield was the site of two Civil War battles, both of which won by the Confederates, and a major rail stop during westward expansion. As a town that was practically forged in violence, Springfield is no stranger to serious and even fatal personal injuries.

Page Law personal injury attorneys in Springfield handle cases in which victims are seriously injured in accidents. A large number of the cases we handle are referred to us by other lawyers and law firms because many law firms simply do not have the time or the resources needed to take on serious injury cases. Whether you were injured in a Springfield car accident, truck accident, or motorcycle accident the Missouri vehicle accident attorneys at Page Law will provide the kind of expertise that’s needed to win serious auto accident cases and justly compensate the victims for their injuries.

As personal injury lawyers handling cases in Springfield, Page Law, a Missouri Personal Injury Law Firm, has been handling these cases our entire careers. We have successfully and aggressively represented clients injured in many types of vehicle accident cases.

To reach the Springfield tractor trailer accident attorneys at Page//Cagle, 24 hours a day, call 314.322.8515 or toll free at 1.800.500.INJURY (4658). If you do not want to call or cannot call, you can email John Page directly at john@pagecagle.com. The consultation is free and there is no fee unless we recover for you. We look forward to discussing your case and helping you through these difficult times.

Independence, Missouri is situated in Jackson County, in western Missouri. It is known as the “Queen City of the Trails” for its historical role as the departure point for the Oregon Trail as well as the California and Santa Fe trails. It was also very important historically as the western-most point traversable by steam boat and thus became an important spot for the then-emerging fur trade.

Independence lost its local prestige as nearby Kansas City developed and expanded but remains the county seat for Jackson County. As a county seat, those injured in Jackson County may end up pleading their case in the Jackson County Courthouse in Independence and Page Law will be there to help.

The Independence car accident attorneys at Page Law have represented those seriously injured through the negligence of others for their entire careers. A significant number of the cases we handle are referred to us by other lawyers and law firms since many law firms are not set up to handle serious injury cases.

Continue reading "Independence Car Accident and Tractor Trailer Crash Lawyers" »

St. Louis, Missouri is by far the most well-known city in Missouri. The city goes by many nicknames, including “The Gateway City” and “Saint Louis.” The Gateway City’s namesake landmark, The Gateway Arch, is a symbol of the city itself and, including the park surrounding the Arch, also acts as a memorial for several important aspects of American history.

St. Louis is also the site of many national sports teams such as the St. Louis Blues, St. Louis Cardinals and St. Louis Rams. In a city that draws so many tourists and sports fans, auto accidents and injuries are inevitable.

The St. Louis car accident attorneys at Page Law have represented those seriously injured for their entire careers. We do not believe in simply taking and processing large amounts of cases; rather, we limit the number of cases we accept so that each and every client receives the proper personal attention they deserve.

Continue reading "St. Louis Truck Accident and Car Crash Attorneys" »

If you are involved in a Missouri car accident and cell phone use is proven, the issue will be used as a factor in the car crash. Cell phone use can impair driving ability and even having a phone in your car can be a distraction that can be used as proof of negligence.

For instance, if your phone is ringing, but the phone is not in reach, you may take your eyes off of the road to find your phone, causing a Missouri car accident. Such a basic, everyday occurrence that happens in a split second can drastically change your life and the lives of others.

Several studies have recently been conducted to determine the percentage of drivers using cell phones and the percentage of car accident causes that are the result of cell phone use or distraction. Studies also incorporated states, such as New York, that ban drivers’ handheld cell phone use and note if such regulation has decreased harmful effects.

Studies found, that at some point, about 75 percent of Americans will talk on their phone while driving, and that cell phone use results in a slower reaction time for drivers. This data revealed that drivers using a handheld cell phone are comparable, in reaction time, to a drunk driver.

Continue reading "Missouri Car Accident Liability Proven with Cell Phone Usage" »

A man recently filed a personal injury claim in Ohio for injuries sustained in a work-related tractor trailer crash. The man, a tractor trailer driver, was hospitalized after the accident for multiple injuries to his face. The entire left side of his face was bruised, his eye was swollen shut, he suffered multiple facial fractures and his mandible (jaw) had to be wired shut. He also lost consciousness for a couple hours. The man additionally reported memory loss from the tractor trailer accident.

After this work-related accident occurred, the man received medical treatment from several physicians, including an ear, nose and throat specialist, neurologist and a psychologist. Further medical treatment revealed that some of the man’s ongoing problematic symptoms, such as memory loss and severe headaches, were likely related to a post concussive syndrome, indicating severe brain injuries.

The truck accident victim allegedly continued experiencing difficulty after the accident in daily tasks and in returning to work, so he applied for Social Security Disability and Supplemental Security Income benefits. These benefits were initially denied; it was found that the medical evidence did not confirm the severity of the alleged impairments that supposedly arose from the tractor trailer crash, which led to questioning about possible underlying medical conditions.

Continue reading "Truck Accident Causes Catastrophic Facial and Brain Injuries" »

After three years of investigation, the National Traffic Safety Board (NTSB) has determined the cause of a 2005 fatal semi truck and bus accident was driver fatigue. The accident that occurred in Chippewa Falls, Wisconsin killed a bus driver and four passengers. Additionally, 35 bus passengers were injured.

Here, the semi truck, carrying groceries, flipped over and blocked two lanes of traffic on Interstate 94. A bus carrying band members was traveling between 65-80 mph and did not have time to stop before crashing into the overturned truck.

The NTSB led a thorough investigation in this accident, as well as numerous others, to find reasons behind the increase in truck accidents. The NTSB is releasing a 60- page report, detailing the mechanics of the accident and specifically the drivers’ roles.

Increasing data across the nation has found that truck accidents due to driver fatigue account for an overwhelming number of truck accidents every year. In this case, the driver was accused of falling asleep behind the wheel after working long hours.

Continue reading "Fatal Truck Accident that Killed 5 Caused by Driver Fatigue" »

According to certain Missouri brain injury specialists, it is estimated that every 32 seconds, someone sustains a brain injury. Although every incident in which a brain injury is sustained is not in a motor vehicle accident, the numbers of brain injuries resulting from said accidents, and especially large truck crashes, are alarmingly high.

In 2006 alone, national statistics indicate there were close to 150,000 large truck accidents. Of those crashes, over 60,000 caused injuries and over 90,000 injuries were sustained, including brain injuries and spine injuries.

The lives of those who sustain injuries in a large truck accident are changed forever. A recent truck accident brain injury in Missouri will require in-home care for the duration of the woman’s life. The woman, who was a nurse, is a married mother of three who will no longer be able to care for her family and perform typical daily tasks. Unfortunately, such an outcome is not infrequent for those suffering from brain injuries.

Continue reading "Missouri Truck Accident Adds to Brain Injury Tally" »

Emotional distress after witnessing the death of a two-year-old girl was the issue at dispute in a recent Missouri truck accident lawsuit. This tractor trailer accident case stemmed from a collision on Interstate 44 in the summer of 2004 (appealed to Missouri Supreme Court July 2008). The motor vehicle accident was allegedly caused by Driver A who lost control of his car in rainy conditions. The car spun across the median and struck Driver B's tractor trailer.

Driver B, a truck driver, was physically injured in the accident after his knees were jammed into the steering wheel, also putting pressure on and twisting his ankles. After the truck accident, Driver B also witnessed the mangled body of Driver A's two-year-old daughter, allegedly causing severe emotional distress. Driver B specifically claimed to have suffered post-traumatic stress disorder, anxiety, anguish and stress.

Driver B and his wife sued Driver A in a negligence action for causing the Missouri truck accident. The allege Driver A was speeding and was negligent in failing to operate his vehicle with the required degree of care. In addition to the physical injuries suffered and the mental and emotional damages alleged, there was also a claim for lost wages and loss of consortium for Driver B's wife.

Continue reading "Missouri Truck Accident Victims Allege Emotional Distress" »

In 2006 there were approximately 40,000 fatal traffic accidents throughout the United States, and roughly 5,000 of these accidents involved large trucks and tractor trailers. It is further estimated that a tractor trailer accident occurs approximately every 16 minutes somewhere in the United States. This means about 150,000 tractor trailer accidents occur per year, most of which cause injury.

In many big rig truck accidents, fault is placed on the driver of the tractor trailer. Fault is often attributed to negligent driving actions and the failure to comply with the Federal Motor Carrier Safety Regulations. For instance, many tractor trailer wrecks involve cargo that comes off the trailer and the loading regulations come into play.

When commercial products are not properly loaded, they may shift during the course of driving, resulting in the driver losing control. Additionally, overweight cargo may result in a driver losing control and also makes stopping the vehicle more difficult. Overweight loads often make the tractor trailer more difficult to slow.

Truck accident law is defined by the Federal Motor Carrier Safety Administration (FMCSA) and provides the following rules for transportation of cargo, except bulk cargo items that lack complete structure, such as liquids, gases and grains.

Continue reading "Most Fatal Truck Accidents the Fault of the Truck Driver, Study Suggests" »

A recent study by the Government Accountability Office (GAO) reported by Associated Press (AP) revealed that approximately half a million commercial drivers throughout the United States qualify for full disability. This means over 500,000 drivers on the road have medical conditions that could possibly affect their driving ability. Although not all of these individuals' disabilities create unsafe driving conditions, several thousand do, such as seizure disorders.

The study further found that 7.3 million commercial driver violations were recorded in 2006, and every state had some medical violations. Violations by commercial drivers are a weighty issue because simple violations can turn into tragic tractor trailer truck accidents, which injure over 100,000 individuals in America every year and kill thousands as well.

The Federal Motor Carrier Safety Administration (FMCSA) created by the federal government regulates driver medical history and conditions to serve truck accident prevention. Drivers with medical conditions such as poor vision or hearing and disabilities causing seizures, to name a few, are to be strictly monitored or possibly prohibited from driving.

However, the study found that several of these medical regulations were overlooked, whether purposefully or not, and caused accidents. When the Federal Motor Carrier Safety Regulations are overlooked or purposefully violated and cause an accident, liability can be placed on the trucking company.

Continue reading "New Study Reveals Many Truck Drivers are Medically Unfit to Operate Commercial Vehicles" »

Regardless of which of the various types of truck accidents that may occur, a tractor trailer's weight and size may indicate the severity of damage resulting in the event of a motor vehicle accident. The heavier and larger a vehicle is, the more likely it is to cause greater damage when an accident occurs. Because of this, the Federal Motor Carrier Safety Administration (FMCSA) regulates commercial vehicle weight and size.

The FMCSA was created by the federal government as a means to provide uniform laws across the United States for commercial drivers and trucking companies alike. The FMCSA regulations target aspects of commercial vehicles and their drivers that may contribute to dangerous circumstances, so as to prevent such occurrences and increasingly perilous situations in the event of an accident.

In a recent Missouri tractor trailer accident, a truck carrying an oversized load of vehicles slammed into an overpass, causing chunks of concrete to break off from the bridge above. The chunks of concrete that fell, luckily, did not harm anyone or hit any other vehicles on the road, and there was no structural damage done to the bridge. However, the commercial driver of the vehicle was still given a citation. He was allegedly speeding and failed to stop after causing damage to the overpass.

Although it has not been specifically reported at this time that the automobiles being carried were improperly attached, any goods attached to a commercial vehicle should be securely fastened so as to prevent situations such as that above. The FMCSA provides specific regulations for commercial vehicles carrying automobiles because transporting such items can create dangerous situations and immense damage if an accident occurs. If a truck accident does occur and it is found that said rules were violated, the trucking company will likely be held liable for any resulting damages.

Continue reading "Tractor Trailer Strikes Bridge in Missouri" »

The Connecticut State Supreme Court upheld a $472,048 judgment for a former fire captain who sued the Connecticut Department of Transportation. The man was driving a truck when he came around a curve to find a Department of Transportation truck parked on the road. The man lost control of his truck when he tried to swerve in order to avoid the DOT truck; instead, he sustained severe head injuries in a truck accident by striking a guardrail and flipping his vehicle.

The lawsuit he filed against the state claimed negligence. The interesting aspect of this lawsuit is that the man did not recall the accident events after he sustained the resulting head injuries. He simply could not remember anything that happened. However, a woman following closely behind the man’s truck witnessed the entire accident and testified on his behalf at trial. This shows how important it really is to observe the scene of an accident and contact witnesses, or in the case of this man, to contact the police to find out if anyone was at the scene that claimed to witness the incident.

Pain and suffering, lost wages and medical bills were compensated.

The DOT truck in this case was classified as a fixed object. Fixed objects, such as guard rails and telephone poles, account for almost 40 percent of fatal accidents in Missouri every year. Typically fixed object truck accidents result when a driver loses control of his/her vehicle, colliding with such objects. However, in this case the court found that the man lost control because of the fixed object itself.

Continue reading "$470,000 Award Upheld in Connecticut Truck Accident" »

Products are recalled everyday and range from simple household items to baby toys and even medical equipment. When a product fails to work properly, manufacturers have a duty to consumers to remove those products from shelves and reimburse them as soon as possible. But what happens when it is too late? What happens when an unsafe product causes personal injury? Generally, a products liability lawsuit will ensue.

Product liability lawsuits are typically filed after a product has harmed a consumer when it was used in its intended manner. There are three main types of defects that form the basis of a products liability claim. They are: design defects that occur before the process of production, manufacturing errors that occur during the process of production, and marketing misrepresentation, which occurs after production and involves such things as adequate warnings and labels.

Product liability lawsuits can be complicated and often involve several different legal claims. In a recent Missouri product liability claim, three wrongful death suits were also filed, all of which stemmed from a truck accident claim.

The truck accident occurred after a truck driver swerved to avoid two other drivers, who lost control of their vehicles. The truck driver, in avoiding the cars, hit a tractor trailer. In the truck were two grandparents and their young grandchild—all three died at the scene. Authorities initially believed the truck accident killed the three decedents.

Continue reading "Fatal Truck Accident Becomes Product Liability Suit" »

Every year truck accidents claim thousands and thousands of lives. Truck accident causes range from human error and driver negligence to faulty mechanics and product defects. Although accidents happen in a matter of a few quick seconds, some truck accidents could and should be prevented.

Through routine inspection of large trucks and commercial vehicles, many mechanical issues that cause truck crashes can be controlled. The federal government has established the Federal Motor Carrier Safety Administration (FMCSA) to enforce uniform safety regulations for large trucks traveling between states to prevent such truck accidents.

FMCSA regulations require that trucks are regularly inspected and maintained to prevent truck crashes, injuries and fatal truck accidents. The regulations also require truck operators to have knowledge of the following general areas to ensure safe travel:

Continue reading "FMCSA Regulation, Enforcement" »

Three minors recovered over $2.5 million in compensatory and punitive damages in a tractor-trailer crash personal injury lawsuit in Alabama. The accident occurred when the driver of a tractor-trailer truck, in an attempt to make a left turn, went across two lanes of traffic and smashed a van. The three individuals inside the van were severely injured. The truck driver had been driving for almost 20 consecutive hours.

The passengers had at least five operations by time of trial. Further, two of them spent 40 days in body casts and over two months in the hospital. They sustained permanent knee and ankle impairments in addition to other disfiguring facial lacerations that turned into scars.

The court found evidence proving the tractor-trailer truck driver wantonly turned in front of the passengers. Further, there was evidence that the driver was instructed by his motor carrier employer to drive beyond federal driving time limitations. The federal government has implemented regulations through the FMCSA, aiming to ensure uniform truck safety guidelines in Missouri and all other states.

The FMCSA regulates the maximum driving time for carrier vehicles with the following:

Continue reading "Minors Awarded $2.5 Million in Tractor Trailer Crash Suit" »

With the growing number of tractor trailer accidents every year, it’s no surprise that truck crash lawsuits are rising in number as well. Tractor trailer crashes frequently cause severe damage and injury to all involved; and, unfortunately, death is common in such accidents as well. When a large truck accident occurs, many liability issues arise. Thus, it is important to contact a skilled tractor trailer accident lawyer to evaluate the circumstances of your case to determine your legal rights.

Truck accident lawsuits are often filed by individuals against trucking companies, alleging injuries suffered in a tractor trailer collision were caused by such things as truck driver negligence. Generally in such cases, the truck company will assume liability for the driver’s actions because of a legal doctrine known as respondeat superior. Respondeat Superior is a doctrine that states employers are liable for employee negligence when, at the time of the accident, the employee was engaged in an activity within the scope of his employment.

However, there are guidelines as to what constitutes an “employee.” In some cases, trucking companies will deny liability for a tractor trailer accident by stating the truck driver was not an actual “employee.”

In a recent Missouri tractor trailer accident lawsuit, a victim injured in a truck crash filed suit against the trucking company and truck driver. The trucking company denied liability for the accident because the driver of the truck was a leased driver. The trucking company used what is known as the “borrowed servant defense” in stating that they surrendered all control to the lease driver, making him exclusively liable for negligence instead of the company.

Continue reading "Trucking Company Liability Proven on Appeal" »

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" »

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" »

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" »

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" »

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" »

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" »

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" »

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" »

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" »

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" »

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" »

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" »

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" »

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" »

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" »

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" »

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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" »

Operating a trucking company is a huge responsibility. Tractor trailer rigs are heavy and difficult to operate. Add in a tired and/or fatigued truck driver and you have a potentially deadly combination. The Federal Motor Carrier Safety Regulations provide the rules and regulations truck companies must follow. These regulations have been enacted to prevent Missouri truck accidents and keep us safe while driving on our nation’s roadways.

What responsibilities does a Motor Carrier have, regarding knowledge of the Federal Motor Carrier Safety Regulations?

FMCSR 390.3 General applicability.

390.3(a) states the rules in subchapter B of 390.3 are applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce.

Again, you can see from 390.3(a), applicability of the Federal Motor Carrier Safety Regulations is broad. They are meant to cover as much of the trucking industry as possible.

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I have been representing truck accident victims for the duration of my career. Injuries from truck crashes are usually significant due to the violent nature of these accidents. The extreme force of tractor trailer accidents has spurred the Federal Government to enact laws governing the trucking industry.

The Federal Motor Carrier Safety Administration has created the Federal Motor Carrier Safety Regulations (FMCSRs). This is an extremely detailed list of rules that govern the tractor trailer industry. To understand the FMCSRs, you need to understand some basic terminology.

What is a Motor Carrier?

FMCSR 390.5 defines a Motor Carrier as a for-hire motor carrier or a private motor carrier. A motor carrier includes the carrier´s agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories.

Continue reading "Experienced Missouri Truck Accident Attorney" »