Missouri Truck Accident Lawyer Blog

A tractor trailer hauling more than 4,000 pounds of hydrochloric acid crashed on I-35 in Kansas City on Monday, sending the corrosive liquid spraying out onto the roadway.

The Missouri tractor trailer crash and chemical spill happened just before the morning rush and hospitalized 11 people, according to the Kansas City Star.

According to police cited in local media reports, the truck was traveling through a narrow construction zone and likely moving too fast for the road conditions. A full investigation is ongoing to confirm these suspicions.

The hydrochloric acid being carried was 50 percent concentrated, which is a very powerful mixture according to the Environmental Protection Agency. Concentrations at 10 percent or even lower are to be handled with care. Higher concentrations increase the corrosive ability of the chemical.

If the acid comes into contact with human tissue, it will cause burning and severe damage, especially to the eyes, throat, and other soft tissue. If inhaled, the acid can irritate the throat and lungs, possibly creating ulcers. It has also been shown to cause pulmonary edema, which is a dangerous buildup of fluid in the lungs.

Because of these risks, after the tractor trailer crash, people in the area were advised to remain indoors. The Isle of Capri Casino, which is located near the crash site, shut down its ventilation system to prevent any dangerous fumes from entering the building.

Most of the people that sought treatment at the hospital had been exposed to the chemical and complained of irritation of the eyes or throat. At this time, there are no reports of serious injury or permanent damage due to exposure to the acid.

Road crews also repaired damage to the roadway where the acid had eaten away at the asphalt.

In a report published by NPR using NHTSA data, rural roads are shown to have the highest number of fatal car and truck crashes despite the fact that less people live in rural areas.

In 2008, 56 percent of fatal crashes happened on rural roads despite only 23 percent of the country's population living in rural areas. The report goes on to say that the numbers vary by state and in some areas over 90 percent of highway fatalities are on rural roads.

Urban areas have more people and their residents also drive more, but despite all these factors that should contribute to urban accidents, urban drivers are half as likely to die in a car or truck crash here in Missouri or around the country.

Some reasons for this discrepancy are obvious, while others may not immediately come to mind. Drivers are usually traveling faster on rural roads. Rural roads are also narrower and may lack some modern safety improvements that have been installed on major interstates that run through cities. Tractor trailer crashes are more more deadly as large trucks are forced to share these smaller roads with passenger cars. Rural drivers are also more likely to drive without wearing a seat belt and are more likely to be involved in a drunk driving crash.

Still, despite all these factors, driver error is the cause of most accidents. There's just less room for error on these more dangerous roads. Car and truck drivers that drive negligently must be held responsible if they cause an accident no matter where the crash occurs.

If you or someone in your family is involved in a crash caused by another driver, contact a Missouri car and truck accident lawyer to discuss your rights as an accident victim. You should also consult an attorney if you feel the accident was the result of a dangerous road condition that should have been addressed by transportation officials.

A $1.3 million dollar ruling against the Missouri Department of Transportation was just handed down by a arbitration panel that decided the department could have done more to prevent a Missouri tractor trailer accident in 2005.

The accident in question was a December 6, 2005 crash that killed Jemma Dant, 28. Her car was stopped on I-44 when a semitrailer crashed into the back of her car and sent it into another truck. Her car was in a line of traffic which was backed up unusually far from the Vandeventer exit.

The arbitration panel said that MoDOT could have warned drivers about the backup, which extended past the Vandeventer exit lane and into the right lane of westbound I-44.

A St. Louis Post Dispatch report on the case said since the accident, the exit ramp was restriped and electronic warning signs were added that can update drivers about traffic conditions. Neither of these precautions were in place at the time of the accident.

Dant's family had already been paid damages by the trucking company involved in the crash.

This accident was tragic, but the changes that have taken place since the accident may help prevent a similar Missouri truck accident in the future. By hiring a St. Louis area personal injury attorney after an accident, you can possibly recover damages to help you financially through a difficult time and also draw attention to dangerous conditions that can be remedied to prevent future tragedy.

The regulations governing the trucking industry are under constant debate in the industry. In an effort to reduce tractor trailer crash deaths and injuries here in Missouri and across the country, the Federal Motor Carrier Safety Administration makes these regulations, which are often fought by the trucking industry.

A few of these regulations in particular could see some changes in the coming months and years. The first is the weight limit for trucks on federal highways. Currently, the maximum allowable weight for a truck is 80,000 pounds, but advocates for the trucking industry want to push that number as high as 97,000 pounds. They argue that by increasing the weight limit, they can lower the number of trucks on the road which will lower the number of potential accidents and help the industry financially through the recession.

Opponents of the weight restriction increase argue that trucks are already incredibly dangerous at 80,000 pounds. Increasing the weight will only increase the damage done when something inevitably goes wrong. We have already discussed on the blog a St. Louis area tractor trailer crash on Highway 40 that saw a big rig plow through 10 cars. How many more cars, and how many more lives, could it have destroyed if it weighed an additional 17,000 pounds?

Another area of regulation that is up for debate is the Hours of Service regulations. These are put in place to limit the number of hours a driver can work, thus limiting the number of fatigued truckers with dangerously slow reaction times due to lack of sleep. Some argue the current laws are too lax and the number of consecutive hours a driver can work should be reduced further. Again, the trucking companies see this as delaying shipments and increasing costs, so they are largely against it.

The Comprehensive Safety Analysis initiative is a program from the FMCSA to reduce crashes and it also may lead to changes in the industry. One possible result of the initiative is stricter guidelines for hiring and retaining safe drivers. Some industry representatives support the initiative, but others worry about the financial repercussions of limiting the pool of drivers.

Any rule changes made by the FMCSA would ostensibly be made with the interest of safety at heart. Most of the objections from the industry have to do with financial concerns and they believe they can police themselves. From the point of view of a Missouri truck accident lawyer, I’m not sure what the perfect weight of a truck should be or the safest amount of hours a driver can work effectively. That’s for the FMCSA to decide. It is clear, though, that with 4,000 people dying every year in truck accidents, even with the current rules in place, the industry can’t police itself.

A semi driver from Missouri was involved in a tractor trailer accident Thursday morning in Eastern Iowa, according to local media reports.

Details are sketchy as investigators are still examining the scene, but we do know the tractor trailer was heading westbound on I-80 when the accident occurred. The truck driver, whose name has not been released, attempted to pass a slower moving minivan. Once he had passed the van in the left lane, he began to merge back into the right lane, but apparently misjudged his clearance room. The trailer hit the van and forced it off the roadway into a ditch. The semi also lost control and drove off an I-80 overpass onto Wells Ferry Road. Luckily, there were no cars crushed by the large truck as it fell.

Neither driver was seriously hurt.

The tractor trailer driver is facing citations, according to a KWQC report.

Fortunately, this crash did not result in any severe injuries or death. Many times this is not the case. Negligent operation by tractor trailer drivers and their companies can have deadly consequences. Anybody who is involved in a crash with a tractor trailer in Missouri should contact a Missouri truck accident lawyer to discuss their case. He or she will be able to examine the case and recover damages to help the injured party cope with serious injury and large medical bills.

Data compiled by a Missouri attorney lobbying for more tractor trailer regulations shows that interstate 70 is by far Missouri’s deadliest highway, followed by I-44, U.S.-63 and I-55, according to a KSDK report.

Last year there were 41 fatalities on I-70 alone, according to the report. I-44, which has a longer stretch through the state, came in second with 25 fatal car and truck accidents.

The data is being used to call attention to the dangers on our roadways and the attorney who published it is hoping also to see some law changes as well. He, along with others, are trying to ban tractor trailer drivers from using portable electronic devices like cell phones and laptops while they are behind the wheel.

Missouri recently passed a law restricting drivers under 21 from texting and driving. Besides that, there are no laws restricting big rig and commercial truck drivers from talking on a cell phone or using a laptop despite the fact that studies show drivers using these devices are up to 23 percent more likely to cause an accident. Many truckers routinely use these devices to report back to their company and keep in touch with family while on the road.

While I respect the fact that drivers need to keep in contact with their employers and their family, it is not worth putting others at risk. The numbers clearly show that distracted drivers cause more accidents. If a negligent driver or company causes an accident they need to be held accountable. The best way to do this is to contact a Missouri truck accident attorney to help investigate your case if you or someone you love is involved in a crash.

The dangers of combining alcohol or drugs and driving are obvious and well documented. Still, we see thousands of fatal car and truck accidents each year as a result of drunk or drugged driving. Every state has laws to curb drunk driving and this applies to commercial truck and tractor trailer drivers as well. In fact, commercial truck drivers are subject to much stricter regulation than the average driver.

Every driver is required to submit to numerous drug and alcohol tests in order to remain employed. There are pre-employment drug screens as well as random tests administered throughout the driver's tenure. If a driver is involved in an accident, he will also have to submit to drug and alcohol screens to determine if these substances contributed to the accident. Failure to comply with these mandatory tests will result in serious consequences for the driver.

Because of these regulations, drunk and drugged driving has been reduced in the trucking industry. While not as rampant as it once was, the problem has not been completely eliminated. Various studies have found that 15% of drivers had illegal drugs in their systems after a crash. Some others were found to have been abusing prescription stimulants to fight fatigue. Even with all the tests for alcohol, 1% of fatal tractor trailer accidents were the result of drunk driving. That still adds up to hundreds of lives lost every year due to terribly negligent behavior on the part of a driver.

Trucking companies can fall short in their duties to police their drivers as well. Tractor trailer accident lawyers can sometimes find cases where tests are not properly administered by trucking companies and unsafe drivers are allowed back on the road. In these cases, the company as well as the driver should be held responsible for the damage caused by an accident.

An experienced Missouri truck accident lawyer will be able to examine an accident and determine if drugs or alcohol played a role. He will also be able to dig into company testing records to determine if the driver had a history of problems that should have kept the driver off the road in the first place.

The single largest contributing factor to fatal Missouri tractor trailer accidents is driver error. While certain crashes may have be unforeseeable and unavoidable, other drivers have a history of poor driving habits that should have been an indicator of their chances of causing an accident in the future. In order to keep these unsafe drivers from behind the wheel of a tractor trailer, the FMCSA has established regulations for the hiring and retention of drivers.

There are a number of requirements that a driver must meet before he can be hired on by a commercial trucking company. He or she must pass a written test on federal tractor trailer regulations. A road test must also be completed to prove that the driver can handle a big rig. A drug test must also be passed.

The employer must also complete an extensive background check on the potential driver. The driver's record over the past three years must be examined no matter what state the driver was in over those years. Past employers dating back three years must also be contacted and questioned about the driver's competence and safety record. All of the background check information must be documented and kept in the driver's file.

Once hired, there are additional rules for the retention of any tractor trailer driver. Evey year a performance review must occur and any driving violations must be examined. A series of random drug test may be administered as well. An employee file containing all relevant records must be kept while the driver is employed and for three years after.

If any of these regulations are violated, the company may be held liable for negligent hiring practices. It is not uncommon for important documents to be forged and tests to be passed without merit. This can mean an unqualified and unsafe driver is allowed on the road to cause a serious accident. A skilled tractor trailer accident lawyer will be able to determine if any negligent hiring practices may have lead to an unsafe driver being retained by a trucking company.

As we've discussed previously on the blog, tractor trailers and other large trucks are subject to different regulations than the average passenger car. This is because of the extra dangers posed by commercial motor vehicles in the event of a tractor trailer crash. There are guidelines to define what exactly qualifies as a commercial motor vehicle.

There are several ways a vehicle can be classified as a commercial motor vehicle. It must be used to transport people or shipments for commercial reasons and must be of a certain size. If the vehicle is 10,001 pounds or more or if it can transport 15 or more people, it falls under this distinction. A vehicle can also be classified as a commercial motor vehicle if it is transporting hazardous materials.

Companies that use vehicles of this classification must register the vehicle and follow all federal motor carrier guidelines. Some states have altered the guidelines for the unique situations in their part of the country. When dealing with a truck accident here in the Show Me State, it is important to contact an experienced Missouri tractor trailer lawyer who has extensive knowledge about our specific laws.

While most vehicles that meet the above criteria are subject to the commercial motor vehicle regulations, some exceptions are made. School buses and ambulances do not fall under the same classification and neither do vehicles that are being used for non-commercial uses. This does not mean these vehicles are exempted from any regulation, however, they just don't have the same guidelines as tractor trailers being used in commercial shipping. Again, a truck accident attorney with enough experience will easily be able determine which regulations apply to your case.

The Occupational Safety and Health Administration's main objective is to make workplaces safe for employees and other citizens. On their website they have suggestions specifically for trucking companies and any organization that operates large trucks as part of their day-to-day business. These suggestions are designed to reduce the number of serious truck accident injuries and fatalities. They also recognize companies that are utilizing these suggestions effectively.

OSHA says that companies need a driver safety program and offers learning materials to companies to help them start one. Aside from simply listing safe driving strategies, they recommend creating a culture of safety where safe practices are rewarded. The attitudes of employees must be in the right place first before any safety tips will help. Once you have employees committed, then you can start to implement the tips on www.osha.gov. If you are an employer who uses large trucks in your business, I strongly recommend taking a look at their suggestions.

Among the companies they spotlight is Nationwide Insurance. They have a private motor fleet as part of their business and in 1998 they started a driver safety program with their employees. As a result, they saw their rate of preventable crashes drop by more than 50 percent. What makes that stat even more impressive is the national rate of accidents actually rose during that same period.

Other companies that had similar results were Charter Communications and GM.

Unfortunately, some companies don't implement these driver safety programs, putting profits ahead of safety while putting innocent people at risk in the process. These are the companies that made the national rate of tractor trailer and large truck accidents rise over the last decade.

These companies need to be held accountable for negligent practices. If you have been involved in a wreck with a large truck or commercial shipping vehicle, contact a Missouri truck accident lawyer as soon as possible. Truck accident cases are incredibly time sensitive and if you delay, you may lose your chance to recover damages to help your recovery.

Two large trucks and a car were involved in a Missouri injury accident Wednesday evening on Highway 70 in St. Louis.

All three of the vehicles were heading eastbound near the Cypress exit when the accident happened. According to the Missouri State Highway Patrol, the driver of the car, 17 year old Stefanie McCauley, lost control of the vehicle and began to spin out. A Volvo 8000, driven by Avramov Znivko, 47, hit McCauley's car as it spun. Moments later, a 1994 Peterbilt truck, driven by Raymond Stambaugh, 55, hit the Volvo truck.

Marilyn Moore, 49, was a passenger in the Peterbilt truck and was seriously injured. Stambaugh also sustained injuries and both were taken to DePaul hospital for treatment.

The investigating officer did not say what might have caused McCauley to spin out.

These chain reaction crashes with multiple impacts can be complicated with regards to sorting out liability. If any driver is found to have been negligent in relation to this Missouri truck crash, then a trucking accident lawyer may be called in to recover damages for the injured parties.

The Missouri Department of Transportation has officially banned employees from sending text messages while driving MoDOT vehicles or while on the clock in their own vehicles.

The new policy is designed to reduce the number of large truck accidents in Missouri. It comes on the heels of a recent statewide law that bans all drivers under 21 from texting and driving.

As we’ve discussed previously here on the blog, distractions for drivers are a major cause of serious truck and tractor trailer accidents. Texting drivers are 23 times more likely to cause an accident than a focused driver. This rule change by MoDOT is a step in the right direction.

The policy won’t be enough on its own, though, to significantly cut down on accidents here in Missouri. Private trucking companies and their drivers also need to be held accountable when they cause a serious accident because a text message or cell phone caused a distraction. If you have been involved in an accident of this type, contact a Missouri trucking accident lawyer to discuss your case.