Missouri Truck Accident Lawyer Blog

Roadside inspections are part of the job for professional truck drivers. The goal of these inspections is to ensure both the truck and driver are in compliance with Federal Motor Carrier Safety Administration regulations. Trucks are taken out of service (OOS) when an inspector finds a serious violation that warrants the issuance of an order. The most commonly found violations include: brakes out of adjustment or other brake problems, problems with tires and wheels, lights, and cargo load securement.

There are 5 levels of inspection. A level 1 inspection is the most thorough and includes both a paperwork review and an inspection of the vehicle. A level 2 inspection is the same as level one, but the inspector is not required to get under the vehicle. A level 3 inspection includes only an inspection of paperwork. A level 4 inspection focuses on a particular item of truck, like the brakes. A level 5 inspection takes place at the carrier.

Tips for Handing Roadside Inspection:

1. Always be polite and professional.

2. Know the OOS criteria. This includes braking systems, exhaust systems, pintle hooks, coupling devices, fuel systems, lighting, load securement, suspension, tires and rims, frame, windshield wipers, place carding and logs. Always check these items before you leave to avoid problems.

3. Carry all required documentation including your driver’s license, medical certificate, proof of inspection documentation, all road related paperwork, and your log book.

4. Make sure your tires and wheels are in good condition. Balding tires or sidewall damage are a red flag for a more thorough inspection.

5. Make sure your log book is completely up to date and neat. If you are undergoing a level 1 inspection, the inspectors will go through it.

6. Inspectors take equipment violations seriously, particularly when they involve brakes. Check your brakes often, and then mark and measure. Keep your measurements handy to prove to the inspector that you checked them.

7. Secure your load properly. Familiarize yourself with FMSCA requirements at http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=392.9

Truck drivers carry a lot of responsibility. Trucks are immensely powerful vehicles, and truck driving carries with it it's own set of unique dangers. Trucks are created to transport immense amounts of weight, and are therefore much larger and heavier than cars. Consequently, a truck accident can end with catastrophic results.

Even the most well trained truck driver can engage in risky driving behavior that can end in an accident. Trucks are susceptible to accidents from sudden changes in weather conditions, driver fatigue, speeding and failing to look, or not seeing another car on the road. A great resource regarding truck safety can be found at http://www.fmcsa.dot.gov

Failure to Use Seat Belts

Besides being the law, it is critical that you and your passengers wear their seatbelt. A seat belt ensures that in the event of a sudden stop or truck accident, you and your passenger will stay secured properly in your seat, preventing injury or death. According to the National Highway Traffic Safety Administration, data from 2001 reported that 60% of all passengers that were killed in traffic accidents were not wearing their seatbelt.

Driving Too Fast for Weather Conditions

Driving to fast for the road conditions is a common cause of a truck accident. Road conditions that can affect driving safety include rain, snow, ice, construction zones, heavy traffic and curves in the road. According to a Large Truck Crash Causation Study (LTCCS), 23% of large truck accidents were caused when drivers were traveling too fast given the road conditions.

Plan Your Route Ahead of Time

LTCCS reports that 22% of truck crashes occur because commercial drivers are unfamiliar with the roadway. Plan your route ahead of time, so you can avoid trying to read a map while you are driving.

Know your “No-Zone”

A commercial truck driver's “No-Zone” is where the truck’s blind spots are. As a driver, you should be aware of where these are on your vehicle, keeping in mind that the car in your blind spot is unaware that you cannot see them.

Get Enough Sleep

Driver fatigue is a common cause of truck accidents. The LTCCS reports that 13% of drivers reported to be overly tired at the time of a truck accident. Be sure to get enough sleep prior to your trip. Fatigue impairs your ability respond to hazards and greatly increases your chances of getting in a truck accident

Keep a Safe Following Distance

You are following too closely behind a vehicle when you are so close that you could not avoid a collision if the driver in front of you stops suddenly. Large trucks need extra space between other vehicles to allow a safe breaking distance.

Due their sheer weight and size, truck accidents can cause serious injury and even death. While there is state and federal regulations in place to minimize the dangers inherent in the trucking industry, truck accidents still occur frequently. There are common reasons for truck accidents, which include:

Fatigue

Driver fatigue tops the list as a leading cause of truck accidents. State and federal laws have attempted to correct this, by regulating the number of hours that a driver can work in a given work day and work week. There are specific regulations, which also require a driver to have a minimum number of consecutive off duty hours as well. These rules have been specifically designed to keep the driver alert, and limit the possibility of driver fatigue. It is important to be aware the employer can be held liable for requiring a driver to work past the maximum number of allowable hours.

Speeding, Not Observing Rules of the Road

According to the National Highway Safety Administration (NTSB), over 25% of fatal truck accidents involved a driver that had been previously cited for speeding. Trucks are particularly dangerous when they are driven at high levels of speed, because of their weight and size.

Faulty Maintenance and Inspection of Truck

Trucking companies and their drivers obligated to perform thorough inspection and maintenance of their vehicles. At the very minimum, this should include regular, appropriate maintenance as well additional pre-trip inspections.

Substance Abuse

Truck driving involves long hours on the road, and it is difficult to maintain focus for hours at a time. Some drivers rely on illegal substances to stay alert. Employers are required to perform drug testing of their drivers upon hiring. Throughout their employment, drivers often go through additional periodic drug testing.

Poorly Loaded Trailers

An improperly loaded trailer can significantly impair the ability of the driver to handle the truck. In the event of a truck accident, the driver could be liable for not following the rules of the road, but also for a poorly loaded trailer, which affects the ability to keep the truck under control.

Three Lebanon, Missouri residents were injured in a collision with a semi-truck on June 15, 2012 in Christian County. The collision occurred on US Route 65, roughly five miles south of Ozark, Missouri and the time of the accident was at 9:50pm.

Brian P. Cheng of Kansas City, Missouri was traveling southbound on US Route 65 in a 2011 Freightliner semi-truck. At the same time, Joshua L. Oliver of Lebanon, Missouri was traveling behind Cheng in a 2004 Ford Explorer. Oliver was also traveling with Joel. R Oliver, an infant who is not a year old yet, Jace L. Oliver, age 2, and Alaina S. Oliver, age 3. Both vehicles eventually traveled near a construction zone in US-65 and were waiting in traffic. Cheng ended up stalling the motor to his freightliner and began rolling backwards. Oliver, following Cheng at the time, ended up colliding with the freightliner. The freightliner only sustained minor injuries while Oliver’s Ford Explorer sustained moderate injuries. Cheng was unaware of the collision and continued traveling southbound on US-65 away from the scene of the accident. Cheng was later notified by authorities.

Missouri State Highway Patrol and medical responders determined that the three Oliver infants all sustained minor injuries in the accident. All three were transported to Mercy Hospital in Springfield, Missouri by ambulance.

The National Highway Traffic Safety Administration has often expressed some concerns over the stalling of engines and motors. Most often, the NHTSA often makes recommendations that certain vehicle models should be recalled because of spontaneous engine or motor stalling. In these cases, this could pose as a safety risk because vital functions of the vehicle would essentially be shutting down without actually alerting the driver. Thus, the chance of a Missouri vehicle accident would be possible in these kinds of scenarios.

For semi-truck drivers, engine or motor stalls can surface from a variety of different causes. With that said, a semi-truck undergoing sudden motor or engine stalls can endanger all Missouri motorists in the immediate vicinity and can even result in a Missouri semi-truck accident. Due to the large size of a semi-truck, an engine or motor stall can result in the semi-truck suddenly rolling into other vehicles. It could also strip control away from the semi-truck driver. In order to best prevent these kinds of mechanical problems, trucking companies need to make sure that they keep their semi-trucks in frequent and in good repair.

According to Congress, trucking companies have certain duties and obligations that they must fulfill in terms of keeping their semi-trucks in good repair. Failing to keep semi-trucks in good repair could either lead to responsive measures by the Federal Motor Carrier Safety Administration or could open semi-truck drivers and companies to civil liability by Missouri semi-truck accident victims. Even in the case of a seemingly innocent semi-truck collision, it would be best to consult with a Missouri semi-truck accident lawyer to see if a trucking company was actually at fault.

A Missouri male resident was moderately injured in a Festus Missouri semi-truck accident on Missouri Route 79 near Hancock St. in Foley, Missouri. The collision occurred in Lincoln County on June 19, 2012 at 10:30am.

Francis R. Biron of Troy, Missouri, age 74, was driving southbound on Route 79 in a 2004 Honda Goldwing. Charles H. Washington of St. Louis, Missouri, age 27, was also driving on southbound Route 79 in a 2004 Freightliner Conventional. Washington was then traveling behind Biron in the same lane. Biron ended up stopping at an intersection in order to yield to oncoming traffic. Washington was not able to come to a stop before it was too late. Washington’s freightliner struck the rear of Biron’s Honda. The collision forced Biron’s vehicle off the road and Biron was subsequently ejected from his vehicle. Both vehicles had some kind of safety device activated at the time of the accident. The freightliner only sustained minor damage while the Honda sustained moderate damage.

Missouri State Highway Patrol and medical personnel determined that Biron sustained moderate injuries due to the accident. Biron was subsequently transported to Mercy Hospital in Creve Coeur, Missouri by a medical air helicopter.

The National Highway Traffic Safety Administration has noted that ejection from a vehicle during a car accident is “one of the most injurious events that can happen to a person in a crash.” According to studies in past years, close to 70% of vehicle passengers who were ejected from a vehicle due to an accident were killed as a result. Most studies often note that close to 90% of people who were ejected were not actually wearing their seatbelt at the time. Moreover, both complete and partial ejections can lead to serious injuries or Missouri semi-truck accident fatalities. The National Highway Traffic Safety Administration often suggests drivers to wear seat-belts to best minimize the risk of ejection. Missouri statute § 307.178 at least requires vehicle occupants to wear their seat-belts. Unfortunately, as seen in this Route 79 accident, seat belts cannot completely prevent vehicle ejection. This is especially true when considering semi-trucks can hit vehicles with a great amount of force.

In a Missouri car accident that leads to ejected occupants, there are still basic legal doctrines that could hold the motorist responsible for the accident as liable under a court of law. The legal theory of negligence incorporates a “foreseeability” component in liability determinations. Most courts simply follow the notion that a liable party is responsible for all consequences that are reasonably foreseeable from his or her actions. It is foreseeable that drivers may be ejected from their vehicle in a Missouri semi-truck accident and could suffer from even greater injuries than otherwise. In these kinds of partial or complete ejection incidents arising out of a Missouri semi-truck accident, it would be best to contact a Festus Missouri semi-truck accident lawyer.

A male Festus, Missouri resident was struck by an airborne tire tread that exploded from the wheel of a tractor-trailer when the resident was traveling on Interstate 44 on his motorcycle. The motorcyclist was struck on June 13, 2012 at 1:25pm in Phelps County.

Kenneth A. McGugin was traveling on eastbound I-44 in a 1995 Peterbilt Tractor-Trailer shortly before the accident occurred. John D. Rust was traveling on his 2009 Triumph Motorcycle on eastbound I-44 in an adjacent lane from McGugin’s tractor-trailer. McGugin attempted to pass Rust but a tire tread spontaneously exploded from one of the wheels of the tractor-trailer. The tire tread was subsequently forced into the air and struck Rust. Rust’s motorcycle did not sustain any kind of damage, but Rust sustained minor injuries due to the tread striking him. The tractor-trailer only sustained minor damage due to the loss of its tire tread.

Missouri State Highway Patrol recognized that Rust sustained moderate injuries and requested for medical attention for Rust’s injuries. Rust was subsequently transported to Regional Medical Center in Rolla, Missouri by Phelps County Ambulance services.

Missouri statute § 304.016 sets forth certain procedures for passing vehicles on roadways. Normally, a driver of any motor vehicle must pass another vehicle on the left-hand side when attempting to pass a vehicle traveling in the same direction. Passing to the right-hand side is often forbidden unless certain conditions are met (the overtaken vehicle is about to make a left turn or the drivers are on a “city street with unobstructed pavement of sufficient width for two or more lines of vehicles in each direction). However, even proper passing of vehicles can only do so much when something unexpected occurs, such as a sudden loss of control of the vehicle or something coming off of the vehicle as to endanger adjacent vehicles. When passing a vehicle, it is always possible that something can expose an adjacent vehicle to danger such as attached equipment coming loose and potentially striking an adjacent vehicle or the sudden destruction of tire treads striking adjacent vehicles.

In this scenario, especially for truck drivers that may operate in Missouri, the risks of any piece of equipment or part of a large semi-truck or tractor-trailer and subsequently striking adjacent motorists are always present. Federal safety regulations often require semi-trucks to be in good repair and of good construction to make sure nothing comes loose during traveling. This even includes making sure that a semi-truck’s tires are sufficiently in good repair. In a scenario such as this news story, it would still be best to contact a Missouri semi-truck lawyer for advice. In a Missouri semi-truck accident, there are always small components concerning a semi-truck accident that may reveal a semi-truck accident to truly be a scenario of negligence or more as opposed to a mere unexpected accident.

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) will be holding a public meeting (dated June 11, 2012) in Washington, D.C. concerning the National Registry of Certified Medical Examiners (the “National Registry”).

The FMCSA initially published the National Registry in the Federal Register in April of this year. The National Registry is mostly meant to provide a kind of standard for any kind of healthcare service that happens to test interstate motor carrier organizations. The meeting’s itinerary describes the National Registry as a “rule” that makes it mandatory for all healthcare services and practitioners to go through training and certification and to be subsequently included in the National Registry if said services and practitioners medically test and examine for interstate motor carriers, operators, or organizations. This procedure may be in response to the FMCSA’s past investigations of motor carriers and operators in the last several months in which companies either ignored medical testing of their employees or the tests were done improperly or were incomplete.

Healthcare services and practitioners also had the opportunity in May of this year to apply to the National Registry online in order to be a “test delivery organization” for the overall exam. The “test delivery organization” was cited by the FMCSA to have played a “key role in the rule’s implementation.” Based upon the feedback given by the test delivery organization, the FMCSA attempted to emulate a public/private business relationship. In other words, the FMCSA would be responsible for creating the test. Healthcare services, practitioners, and providers would be responsible to administering the test. Healthcare services would be able to decide at what rate they would charge for the test and possibly scheduling of the test as well. The healthcare services would then give those results to the FMCSA and the FMCSA could then choose whether or not it wants to take action.

The National Register program is meant to encourage healthcare providers to participate in the program in order to have access to the FMCSA’s medical tests. A single, uniform standard for medical testing for interstate motor carriers and operators could have some beneficial results. Not only may it more push for more rigorous testing for motor carriers, it may also provide a single standard in terms of having complete medical records for motor carrier employees. If the healthcare providers charge in a manner that appeals to the motor carriers, there could be an increase in the rate in which motor carriers actually submit their employees for medical testing. With more awareness as to a driver’s medical records, it is possible that roadways across the nation could be safer from a motor carrier or operator’s activities if it chooses to disregard safety requirements.

This especially affects Missouri motorists because motor carriers, operators, or other trucking companies operate within Missouri and across state lines. Disregarding medical tests or examinations can have an adverse effect on semi-truck drivers and could lead to Missouri semi-truck accidents.

A Missouri car accident occurred on June 10, 2012 in Texas, County. The accident’s location was at Highway 63 and U.S. Route 60 near Cabool, Missouri. The accident’s time was at 4:35pm.

Dion F. Sutfin of Lake City, Arkansas was driving his 2005 Freightliner Semi-Tractor Trailer on the Highway 63 and U.S. Route 60 location. In addition, Samantha J. Robinson of Cabool, Missouri was driving her 2005 Dodge Magnum and was traveling northbound. While Sutfin was traveling, he attempted to make a U-Turn in order to travel on the opposite direction. However, Sutfin ended up making a U-Turn right into the path of Robinson’s vehicle. Sutfin’s Freightliner struck the side of Robinson’s Dodge Magnum. Robinson’s vehicle sustained extensive damage due to the collision while Sutfin’s Freightliner only sustained minor damage.

Missouri State Highway Patrol and the Cabool Police Department responded to the accident. Robinson sustained minor injuries due to the collision. Robinson was subsequently transported to Ozarks Medical Center located in West Plains, Missouri by a private vehicle.

Even though U-Turns are at times legal in most states, the National Highway Traffic Safety Administration noted that less than one (1) percent of all fatal car accidents across the nation surface from U-Turns. U-Turns can be surprisingly dangerous maneuvers if the driver has not looked to see whether it is safe to do the U-Turn or not. Thus, even though U-Turns are also legal in Missouri, it is possible that a fatality can occur due to a Missouri U-Turn trucking accident.

Missouri statute § 304.341 requires drivers to follow certain rules when attempting to make a U-Turn. The law states that any U-Turn maneuver must be made in a manner that “can be made in safety” and also “without interfering with other traffic.” This may be less of an issue with smaller cars, but a tremendous amount of care must be especially made when attempting to U-Turn with any large vehicle like a semi-truck. The large size of the semi-truck and the amount of space needed for its required wide turns would both make semi-truck U-Turns dangerous and would often interfere with traffic regardless. It may be recommended that semi-truck drivers should seldom attempt U-Turns.

In addition to § 307.341, making U-Turns must also be read with § 307.015. This second statute makes it unlawful for any vehicle to make a U-Turn on a highway that is divided by a physical barrier, sign, or line unless the turn is made at a designated area. Highways often restrict certain U-Turn areas to emergency vehicles only.

Making a U-Turn with a semi-truck may not only be dangerous to other motorists and block traffic, but it can also be unlawful at certain areas. A semi-truck or large truck’s size and width greatly increases the risk of causing a Missouri semi-truck accident when making a U-Turn. Victims of a Missouri U-Turn semi-truck accident should consult a Missouri semi-truck accident attorney.

On June 8, 2012, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) ordered a Wisconsin trucking company, WTSA US Express, to cease all of its trucking and transportation operations. After a series of intensive investigations on the operations of WTSA US Express, FMCSA found that the trucking company was an “imminent hazard to public safety.” The company operated across state lines and their operations also posed a safety hazard for Missouri drivers.

FMCSA conducted an extensive investigation on the operations of WTSA US Express in the past several months. Investigators found that WTSA US Express violated several federal safety requirements that all trucking companies operating in the United States must follow. The report noted that WTSA US Express’s management could not comply even with basic safety management controls despite prior government interventions.

FMCSA first noted that WTSA US Express did not monitor the hours of service for its drivers. The federal requirements on a semi-truck or large truck driver’s “hours of service” is important because it limits the maximum amount of hours a driver can operate a vehicle in one particular shift. It has also required mandatory rest and sleeping hours in a driver’s shift. Disregarding the hours of service requirements could result in fatigued drivers operating large trucks and potentially causing semi-truck accidents. WTSA US Express also did not follow the FMCSA’s mandatory requirements for employee substance and alcohol abuse testing. It also did not screen prospective employees for possible alcohol and substance abuse. Alcohol and substance abuse is dangerous when driving normal vehicles, but could be catastrophic when a substance abuser is operating a large truck. WTSA US Express also did not follow driver qualification requirements in order to actually ascertain whether its employees were qualified to operate large and semi-trucks. This has allowed some drivers to operate without valid medical certificates. This is problematic because health issues can potentially interfere with operating a motor vehicle.

One driver of the company was issued a cease-operations order by the FMCSA in the past. This driver was cited for carrying alcohol in his vehicle and cited for consuming alcohol within 4 hours before driving his vehicle. This driver has since failed to comply with the FMCSA’s order and continued to act in an employee capacity for WTSA US Express.

Due to these ongoing violations, the FMCSA deemed that WTSA US Express posed as an imminent safety hazard for all motorists. The FMCSA deemed this closure, in addition to the past several trucking company closures over the past few months, to be a part of their “aggressive safety enforcement efforts.” Such companies like WTSA US Express are threats to all motorists, including Missouri motorists. Failing to follow safety requirements could result in Missouri semi-truck accidents with serious or fatal injuries. And like WTSA US Express, these companies try to operate even after prior warnings. If you are involved in a Missouri semi-truck accident, consult a Missouri semi-truck accident lawyer.

A large tractor trailer struck a New Florence, Missouri resident’s vehicle on Highway 47 and Mid America Lane on June 7, 2012. The exact time of the accident was at 9:46am and the accident occurred in Franklin County.

Eric K. Miller of Warrenton, Missouri was driving his 2012 Peterbilt Tractor truck southbound on Highway 47. Michael E. Thomure of New Florence, Missouri was also driving his 2005 Chevrolet Colorado southbound on Highway 47 before the accident occurred. Thomure came to a stop in order to make a turn onto Mid America Lane from Highway 47. It is unknown as to what lane Thomure was in or which direction he was intending to turn before the accident. Miller did not see Thomure’s stopped vehicle. Miller attempted to steer his vehicle to the extreme right-hand side in an effort to avoid striking Thomure’s vehicle. However, the Peterbilt Tractor struck Thomure’s Chervolet despite Miller’s evasive maneuver. Both vehicles sustained moderate damage and were towed from the scene.

Missouri State Highway Patrol arrived on the scene and determined that Thomure suffered minor injuries due to the accident. Thomure was subsequently transferred to Mercy Hospital-Washington by Washington Ambulance in order to receive medical attention.

While some drivers swerve in order to avoid something unexpected in the road or to avoid other vehicles that could potentially strike them, swerving is still a dangerous driving maneuver. Swerving is most often done at the spur-of-the-moment and drivers placed in this situation often do not have the time to safely check their surroundings. It is quite possible that swerving can lead into overcorrection problems with your vehicle. This can result in either striking another vehicle that you did not have the opportunity to see (even if you successfully evaded the object that caused you to swerve in the first place), overturning and heavily damaging your vehicle, or even losing control of your vehicle and running off the road. This is especially more problematic for large trucks, as it would be tremendously difficult to regain control over a large truck after the driver lost control. A large truck’s size would also make it a massive hazard for all motorists since the truck could strike multiple intended vehicles at once. This could create fatal or serious injuries in a Missouri semi-truck accident.

The key to avoiding this dilemma is to adhere to the Missouri rules of the road in general. One can make sure to drive in a careful and prudent manner (including maintaining reasonable distances from other cars, always paying attention to traffic if a vehicle stops, and others). Violating these basic Missouri driving laws can put a driver in a situation where he or she feels as if they have to swerve to avoid an accident. In actuality, swerving only increases the chance of a Missouri semi-truck accident for multiple unintended victims. Victims of semi-truck accidents caused by unexpected swerving should consult a Franklin County Missouri semi-truck accident lawyer.

A freightliner heavy truck hit a Florissant, Missouri resident on eastbound Interstate 270 on June 1, 2012. The accident occurred in the evening of that day at 8:20pm. The exact location of the accident was slightly east of West Florissant Road in St. Louis County.

Samuel J. Crocker of Alton, Illinois was driving his 2009 freightliner eastbound on I-270 shortly before the accident. Mitchel S. Phillip was driving his 2004 Ford F650 Tow Truck eastbound. Phillip was slightly ahead of Crocker and both were traveling in the same lane. For unknown reasons, Phillip slowed down when driving and Crocker’s freightliner collided with the rear of Phillip’s Ford tow truck. Both vehicles sustained total damage as a result of the accident.

Missouri State Highway Patrol responded and determined that Phillip was moderately injured as a result of the accident. Christian Ambulance services later transported Phillip to Depaul Hospital in St. Louis, Missouri for medical attention.

The National Highway Traffic Safety Administration recognizes that a driver slowing down on the highway could create a hazard to either him or herself or to other motorists if the driver is significantly slower than the flow of traffic. To deal with this issue, the NHTSA has recognized the existence of the “Minimum Speed Rule.” This rule ideally prohibits a driver to slow down to a speed that would interfere with “normal and reasonable movement of traffic.” With that said, the NHTSA also gives enough room for drivers to operate their vehicles at a slower speed when “reduced speed is necessary for safe operation or in compliance with law.” Such scenarios may include adverse weather conditions that require slower driving speeds, transporting heavy objects on commercial vehicles, or sudden and unexpected mechanical difficulties that may make high speed driving impossible. The Uniform Vehicle Code § 11-809(a) serves as an example for a minimum speed limit that states may adopt.

Missouri statute § 304.015.3 states that motorists driving less than the normal speed of traffic must drive on the right-most lane of the highway. More often than not, Missouri highways will have posted minimum speed limits (commonly 40 mph) or have special speed restrictions for heavy trucks. This also applies to vehicles that may spontaneously slow down on the highway; it may be not safe or prudent for a highway driver to slow down on a fast-paced highway suddenly. However, Missouri motorists must remember that minimum speed limits are valid and other motorists may exercise their ability to drive at the minimum on the highway. For larger vehicles like trucks, it becomes much harder to suddenly slow down if a vehicle ahead of him or her slows down. Without taking precautions like maintaining proper distance from vehicles or driving in a careful manner, a semi-truck could more likely cause a Missouri semi-truck accident with serious or fatal injuries for a driver operating near the minimum speed. If this occurred, please consult a Missouri semi-truck and heavy truck accident lawyer.

After a string of bus crashes on the east coast in the past few months, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced on May 31, 2012 that it is shutting down twenty-six (26) bus services. After a year-long investigation on most of the subjects, the FMCSA has noted that all 26 of these bus operators are “imminent hazards to public safety.” This act is a unique, landmark move on the FMCSA’s part; the FMCSA has never shut down this amount of transportation operators in one fell swoop in its history. The closed bus companies previously transported thousands of passengers from New York to Florida by using Interstate-95. The FMCSA’s desist order also applies to 10 individual bus company owners, employees, and managers.

The affected bus services include ticket sellers, active companies, companies that were previously ordered to shut down by the FMCSA, and companies that were in the application process of being able to operate as transportation services. The three biggest companies that the FMCSA aimed at included New Century Travel, I-95 Coach, Inc., and Apex Bus, Inc.

The FMCSA included that all of the bus operators in question posed as an imminent hazard to public safety for fellow motorists. Past investigators often found that the bus companies in question either failed to have controlled substance-testing, allowed employees to operate buses without valid commercial driver’s licenses, allowed employees to operate vehicles that were not regularly maintained or inspected, had employees that operated above the maximum amount of hours an employee can drive in one shift, or a mixture of all the above. The U.S. Transportation Secretary Ray LaHood stated, “These aggressive enforcement actions against unsafe companies send a clear signal: If you put passengers’ safety at risk, we will shut you down.”

Since a sizable number of the affected bus companies attempted to circumvent prior FMCSA shut-down orders, the FMCSA is implementing measures to ensure that the companies cannot evade the desist order simply by assuming a new company name or brand. The FMCSA created a new rule in April that allows the FMCSA to act against transportation companies that evade the desist order by changing their company brand, name, and image. The FMCSA also intends to cooperate with law enforcement of all types and levels in identifying name-change transportation services.

United States Congress is also contemplating passing legislation that would give the FMCSA greater power to deal with such name-change companies. Some ideas for legislation include a sort of national “successor liability” standard that will discourage FMCSA-targeted companies from merely undergoing name changes, allowing the FMCSA to have more power in terms of investigating companies, or raising the penalty for operating without authority over 10 times the amount it is set at currently.

The trend of FMCSA-targeted transportation services evading shut downs by changing their names is quite troubling. If you are involved in a Missouri truck accident, consult a Missouri truck accident lawyer in light of these company trends.