Missouri Truck Accident Lawyer Blog

The snowy weather brought yet another automobile accident involving two tractor-trailers and a car. The car, a 1998 Honda Civic, was disabled from a previous accident, blocking the roadway near the 79-mile marker. The driver of the Honda, Phyllis Winters, 55, is a resident of Lone Jack, Missouri. The two passengers in the car, Jesse Lathron, 24, and Ben McAllen, 32, were inside the car, waiting for a tow truck.

At approximately 10:25 p.m., a 2011 Freightliner, driven by Steven Jackson of St. Louis slid into the Honda. Immediately following this crash, a 2008 International truck, driven by George Braswell of Kansas, struck Jackson’s truck. While no injuries were sustained by either of the truck drivers or Ms. Winters, Jesse Lathron and Ben McAllen were transported to Fitzgibbon Hospital where they were treated for moderate injuries.

Both truck drivers and Ms. Winters were wearing safety devices, though neither Lathron nor McAllen wore safety belts. The accident is currently under investigation to determine why the Honda was originally disabled and why the trucks were unable to see the car before hitting it. It is possible low visibility played a part in one or both of the accidents, as the recent snowy weather has contributed to many recent accidents in the area. However, federal trucking regulations require trucks pull off the roadway in conditions such as this. If the truck drivers failed to follow protocol, they could be subjected to legal liability for causing these victim's injuries.

We’ve all heard or read about fatalities which occur when a disabled car is struck by a multi-ton tractor-trailer. If you have been in an accident with an 18-wheeler, it’s imperative you contact a seasoned Missouri truck accident attorney in order to have your rights protected right from the beginning. The trucking industry and their insurance companies are notorious for concealing evidence. Many times, things just happen to "disappear."

If you should find yourself stranded by a disabled vehicle this winter, if possible, move the car a safe distance from all lanes of traffic and turn your flashers to alert oncoming traffic. If you are unable to move the vehicle, do not stay inside the vehicle. Exit as quickly as possible and get to a safe area. Next, call the Missouri Highway Patrol immediately for assistance, and use any reflective materials you have in your car to make it more visible.

This time of year always brings a rash of auto accidents due to the snow and ice. If at all possible it’s smart to avoid driving altogether during inclement weather. If you simply must get out on the snowy roads, drive slowly and defensively. Car accidents take a toll on those involved, both physically and mentally. Many times injuries may not present themselves until days or weeks following the accident. If you have been involved in an auto accident, a Saint Louis personal injury attorney can look at the facts surrounding the accident.

A fatal accident that occurred over one year ago has resulted in homicide charges being filed against a Missouri semi-truck driver. Curtis Hawkins, of Dexter, Missouri allegedly falsified entries in his log book regarding the amount of time spent behind the wheel, which is actually a common practice in the trucking industry.

Mr. Hawkins killed two people on Interstate 43 within Wisconsin when he took his eyes away from the road and failed to stop for traffic ahead. Reports state Mr. Hawkins came upon a construction-related detour which had caused a traffic bottleneck and, despite three warning signs of the detour ahead, Hawkins’ tractor-trailer, traveling at 70 mph, plowed into two vehicles ahead of him.

Hawkins’ 18-wheeler first struck a Cadillac driven by Jimmie Juhasz of Cedar Grove, killing the passenger, 80-year old Mary Parker of Wisconsin. The semi-truck then rear-ended a Ford Escape SUV driven by Donald Sherman, 78, pushing it over 150 feet. The Escape and Hawkins’ tractor-trailer both went off the side of the interstate following the collision. Donald Sherman was pronounced dead at the scene, while Mary Parker died of serious injuries five days later. Mr. Sherman’s wife, Roberta, and Mr. Juhasz were both seriously injured in the accident, while Hawkins suffered only minor injuries. In addition to the two counts of homicide by negligent operation of a vehicle, Hawkins also faces two felony counts of reckless driving resulting in great bodily injury, and faces up to 13 years in prison in this truck accident case.

Unfortunately, falsifying truck driving logs is all too common in the trucking industry as truck drivers constantly race against time in order to deliver loads on tight deadlines. Although this type of behavior is certainly against federal motor carrier regulations, unbelievably, some irresponsible trucking companies encourage their employees to continue driving when they should be off the road, all for the sake of increased profits.

Exhausted and fatigued truck drivers pose a threat to everyone on the road. For the victims of such serious injury accidents, as well as the families they leave behind, a criminal conviction may help these people know this crime did not go unpunished. It is unknown if Mr. Hawkins' victims have held him civilly liable for the damages he caused.

Our St. Louis personal injury lawyers help victims claim compensation for past and future medical bills as well as lost income, permanent disability or wrongful death. A truck accident personal injury lawyer can help victims analyze the accident and offer advice on the proper legal steps which need to be followed.

A tractor-trailer accident in Clay County, Missouri early Monday morning left the truck’s cargo—720 pigs—injured and running loose. Nearly fifty of the pigs escaped following the crash, and had to be chased and captured. The pigs were shaken up, but there were few serious injuries. The driver of the semi-truck was also uninjured in the rollover accident, which closed the ramp from Northbound Interstate 435 to Interstate 35. It is not yet clear what caused the semi to flip over on the highway ramp, however the Missouri Highway Patrol is investigating the accident.

An investigation of this particular accident is underway, and it may be days before we know what caused the driver to wreck. One cause of truck accidents can be attributed to overloading. While smaller vehicles are already at a disadvantage when large trucks drive unsafely, many truck drivers and trucking companies cause trucks to be even more dangerous by overloading them. When a large truck is overloaded, controlling it can be more difficult and can lead to the tractor trailer overturning or jackknifing. An overloaded truck combined with a fatigued driver on a tight schedule, driving in less than perfect weather conditions, can truly be a recipe for disaster. A tractor-trailer in Missouri is allowed to weigh 80,000 pounds and anything over this weight is prohibited by federal law. Even though 80,000 pounds is the legal limit, it is well-documented that a truck of this weight is nearly twice as likely to be involved in a fatal crash than one weighing 50,000 pounds or less.

We are relieved there were no human casualties in this tractor-trailer accident in Missouri. If you or a loved one should ever be injured in an accident involving an 18-wheeler, it is extremely important that you contact a St. Louis truck accident attorney immediately. Contacting an experienced personal injury attorney who fully understands the particular intricacies involved in truck accident litigation can make the difference in your future.

Our St. Francois County Missouri personal injury lawyers recently became aware of a fatal accident reported yesterday, January 20th, by the Missouri State Highway Patrol. The accident occurred in the southbound lane of U.S. 67, just north of St. Francois State Park. The heartbreaking accident claimed the lives of Rachel Sharp, 18, Aaron Weber, 20, and Frank Weber, 56, who were all pronounced dead at the scene of the accident by St. Francois County Coroner, Jim Coplin. According to the crash report, the 1996 Ford Crown Victoria was slowing in the southbound lane of U.S. 67 when it was struck in the rear by a 2008 Freightliner, driven by Robert Carmona. Upon collision, both the car and the semi-truck skidded off the right side of the roadway. It is not yet known whether the driver of the tractor-trailer suffered injuries from the accident. The crash is under investigation to determine the exact cause of this tragedy.

Many times a rear-end truck accident happens when the vehicle in front decelerates, and the big truck behind is not able to brake in time to avoid a collision. In some cases, the truck driver may be fatigued, or simply not be paying careful attention to the road. In a truck accident that results in fatalities, the families of the victims are strongly urged to contact a St. Louis wrongful death attorney. An experienced truck accident attorney can first determine whether the driver has exceeded the hours allowed by Federal Motor Carrier Safety Regulations. Truck drivers have a responsibility to be diligent drivers and follow the rules of the road. Should a truck driver choose negligence over safety, causing a fatality, a Missouri wrongful death lawyer will work hard to recover damages for the grieving family.

In some instances, if a Missouri wrongful death claim is relatively clear-cut and the insurance company is willing to tender the policy limits without a fight, our personal injury lawyers will provide free legal advice on how to settle the wrongful death for free. In these instances, if the insurance company has offered the policy limits prior to the consultation, our wrongful death lawyers will explain to the family the process of getting the settlement approved by the court and distribution of the proceeds. Typically, insurance companies are not willing to immediately hand over the policy limits. Unfortunately, for this reason, the number of times our attorneys have engaged in these services is few and far between. If you think the insurance company is not playing fair in failing to tender the policy limits immediately after presentation of a wrongful death claim, our injury lawyers in St. Louis can provide you with free information about your legal rights.

A 15-year old boy from Turley, Oklahoma suffered serious injuries Tuesday night in a hit-and-run truck accident near Springfield, Missouri. This truck accident in Missouri occurred at about 10:50 p.m., January 18, 20100 as the boy walked along the shoulder of Interstate 44, west of Springfield. Apparently, the tractor-trailer hit the boy, then hit a red wrecker truck before leaving the scene of the accident, traveling westbound. According to Missouri highway patrol, the hit-and-run truck driver was driving a white tractor and hauling a box trailer. It is believed the semi-truck may have red paint markings on it. The boy remains in the hospital, although there is no update on the extent of his injuries.

Under Missouri law, the driver of this truck had a legal obligation to stop and render aid to the victim while waiting for officials to arrive. In Missouri, statute 577.060 makes it illegal for one to to leave the scene of an accident where there is injury to a person or damage to property. In fact. Here, this truck driver could be facing a class D felony.

In this particular instance it is not yet clear why the driver left the scene of the accident, however a search is underway for this truck driver. We certainly hope the driver will be apprehended, especially for the sake of this young victim. An array of unique legal issues can come with a truck accident, most especially one where the driver left the scene. Several parties may be liable in this particular trucking accident, such as the trucking company, the truck manufacturer, the shipping company and, of course, the driver.

If you or a loved one has been involved in an accident involving a commercial truck, you could benefit from speaking with a Missouri personal injury lawyer. Whether the accident involved serious injuries or fatalities, an experienced personal injury attorney can help you pursue compensation and protect your legal rights. The truck driver who struck this boy outside Springfield should be held legally, financially, and morally culpable for his actions.

A Moscow Mills, Missouri man was injured during the first week in the new year in a Missouri tractor-trailer accident which occurred in Lincoln County, MO. The driver of the car, whose name has not yet been released, was driving on southbound US Highway 61. According to the Missouri Highway Patrol, the man was attempting to pass a tractor-trailer when his car struck the left rear of the Peterbilt 18-wheeler, also driven by a man from Moscow Mills. Once the car came into contact with the side of the tractor-trailer it spun out of control, crashing and overturning. While the truck driver was uninjured, the driver of the car was taken to St. Joseph Hospital West in Lake St. Louis via a Lincoln County Ambulance where he was treated for injuries resulting from the car/truck accident.

This particular truck accident is still under investigation, and it is not yet known what caused the driver of the car to collide with the truck. Tractor-trailer accidents are responsible for over 5,000 fatal accidents per year. Thankfully, there were no fatalities in this particular Missouri truck accident, however investigators will determine whether or not any liability on the part of the truck driver exists. Truck drivers are subject to the Federal Motor Carrier Safety Administration’s rules and regulations, and tractor-trailer operators must follow these specific guidelines, especially when sharing the road with smaller vehicles.

If you have been injured in a Missouri tractor-trailer accident, and believe there was negligence on the part of the truck driver from fatigue or other safety violations, consider calling a truck accident personal injury attorney. An experienced Missouri personal injury truck lawyer can have experts reconstruct the truck accident to determine whether the truck driver was at fault. Side collision truck accidents commonly occur when a tractor-trailer fails to yield the right of way, resulting in an accident which may have violated Federal Motor Carrier Regulations. Whatever the cause of your truck accident in Missouri, be aware that oftentimes commercial trucking companies will do everything in their power to avoid paying out on a personal injury or wrongful death claim; if you want to ensure your rights are protected, contact a Missouri personal injury lawyer today.

A tragic weekend truck crash in Missouri left a Springfield man dead after his vehicle hit a Freightliner head-on. In what is noted to be the first fatality of 2011, Joseph W. Russell, 31, was driving in the westbound lane of I-44, about half a mile west of Springfield when the accident occurred. Mr. Russell was driving a Ford Edge in this Missouri tractor-trailer crash which claimed his life. The collision caused both vehicles to spin into the median, catching fire. The driver of the Freightliner, Douglas Carmack, 31, was uninjured, however Mr. Russell was pronounced dead at the scene. Reports from the Missouri Highway Patrol state that both drivers were wearing their seatbelts. At this time no tickets have been issued, and the accident is still under investigation.

Our Missouri personal injury truck lawyers extend our sympathies to Mr. Russell’s family. Although the exact cause of this tractor-trailer accident is not yet known, further investigation may reveal contributing factors. If you or a loved one have been involved in a serious truck accident, and you believe the accident may have been caused by driver negligence, our tractor-trailer personal injury attorneys are always available for free consultations. Our Green County, Missouri personal injury lawyers are experienced and dedicated; we are always up-to-date regarding legislation, laws, rules and regulations affecting the trucking industry. Although overly fatigued truck drivers are reported to be responsible for at least 20 percent of accidents involving big rigs, it does not appear to have been a factor in this particular accident. Keep in mind, however, that over 50% of long-haul truck drivers admit to having fallen asleep at the wheel, so our injury lawyers remind you to remain alert when driving, and keep an especially close eye on the big rigs which share the road.

Circuit Judge Ann Callis will hear a post-trial motion at 10:00 a.m. on Friday, January 14, 2011, regarding a multi-million dollar verdict reached last November by a jury who found in favor of plaintiffs after a tanker truck caused a Missouri tractor-trailer accident. The tanker was driven by Gary Collier, employed by Millstadt Rendering Company. Thomas and Betty Edwards claim Mr. Collier fell asleep while driving his tanker truck on I-55 in St. Genevieve County, MO. Allegedly, Collier then drove off the road, causing his tanker to become disengaged from his rig; the tanker crossed the median into the left lane on the other side of the highway crashing into the rig being driven by Mr. Edwards. This truck accident in Missouri occurred in 2008 and soon afterwards Mr. and Mrs. Edward sued, claiming negligence and loss of consortium for Betty Edwards.

In an attempt to recover damages to their tractor trailer, Slay Transportation Inc., Thomas Edward’s employer, filed a motion to intervene in the suit during the trial. Both Millstadt and Gary Collier countered, arguing that Thomas Edwards suffered from uncontrolled diabetes which directly contributed to an accident which could have been avoided. Millstadt and Collier also claim that Slay Transportation was aware of Mr. Edward’s medical condition and should not have allowed him to drive the tractor trailer. The jury deliberated long into the evening of November 17th before finding Millstadt and Gary Collins 93 percent liable for the accident, and awarding Thomas Edwards $2.5 million in damages, Betty Edwards $800,000, and Slay Transportation $110,863.08.

By all accounts, the trial in this truck accident case was extremely contentious, with the defendant’s attorney, Martin Morrissey accusing plaintiff’s attorney Eric Carlson of “mudslinging.” There were specific issues during the trial regarding Collier’s tractor-trailer rig and its tires; Millstadt sent the wrecked rig to the scrap yard, preserving only two tires for the trial and displaying those tires prominently throughout the trial. Because Judge Callis awarded the plaintiff’s a sanction regarding the missing rig and tires, the defense stresses the role of the tire rulings in what they are now claiming was an unfair verdict. Millstadt and Collier’s attorney assert in the post-trial motion there was absolutely no chance the jury would consider the Defendant’s arguments once they determined the Court essentially believed they had hidden or destroyed evidence.

The Defendant’s additionally believe the jury awarded a clearly excessive amount to Thomas Edwards based on sympathy rather than facts and that Mrs. Edward’s award of $800,000 was “grossly excessive,” since Betty Edwards testified during trial that the accident brought her closer to her husband. The post-trial motion in this serious truck accident asks Callis to order a new trial, enter a judgment notwithstanding the verdict or remit the damages awarded to the Edwards.

Our Missouri personal injury truck lawyers will be watching this case closely as we believe the only way to make our roadways as safe as possible is to hold negligent trucking companies and/or their reckless drivers responsible.

Saturday, January 8th saw a somewhat bizarre serious injury accident with extremely grave consequences occur on Williams Creek Road. Around 1:30 p.m., Roy Smith, 57, was driving his 2004 Chevy Silverado eastbound. A tow truck was off-loading a 1999 Volkswagen Passat into a private drive at the same time. It appears that Mr. Smith failed to see the tow truck, and collided with it, causing the tow truck to slide several feet, striking Todd Pflanz. Mr. Pflanz received serious injuries, and was taken by ambulance to St. Anthony’s Hospital. The driver of the Volkswagen, twenty-four year old Joseph Butler was taken to St. Clare Hospital with relatively minor injuries. Both Mr. Smith’s Chevy Silverado and the tow truck had extensive damage, while the Passat was not damaged. Mr. Smith amazingly suffered only minor injuries following the multiple-vehicle accident. This serious injury accident in Missouri is still under investigation, and it is not yet known if the accident was caused by simple inattention or is due to another reason.

When car accidents—especially multi-car accidents—involve accidents to pedestrians in Missouri, the results can be quite serious, and even fatal. Multi-vehicle accidents mean multiple insurance companies are involved. In these types of cases, the injured person must obtain top notch legal advice from a Missouri personal injury lawyer who can ensure the rights of the injured are fully protected. While Missouri law dictates that the at-fault driver will pay medical bills and expenses of the injured party, many cases involving multiple vehicles are much more complicated. In such cases insurance companies often look for loopholes to limit their pay out. This insurance company ploy makes it all the more important that should you be involved in a Missouri car accident you must discuss your case with a Missouri personal injury attorney before making a statement or accepting an offer. Vigilance when driving can reduce your risk of being involved in a car accident, and defensive driving should be practiced at all times.

The last week of 2010 saw a fatal accident on Interstate 70, near Agate, Colorado. A St. Louis, Missouri tractor-trailer driver is charged with causing the accident which took the life of a 71-year old man, and seriously injured two others. It is believed the driver of the 18-wheeler was traveling on the wrong side of the Interstate when the collision occurred. Eyewitness accounts state the driver of the semi-truck, Jason Ross, drove down I-70 the wrong way for at least nine miles with his lights off before the fatal collision. A Limon police officer responded to a call concerning the impaired truck driver. The officer caught up to Mr. Ross’s truck by driving west in the correct lane, then pulled his cruiser into the median.

Although the officer had both lights and sirens going, there was no response from Ross. As the officer continued to try to get the truck to pull over, Martin Hernandez, along with his wife and granddaughter, approached in the eastbound lane driving a Buick Park Avenue. Mr. Hernandez, 71, died at the hospital following the crash, while Angie Hernandez, 77 was later listed in fair condition. Audianna Hernandez, the nine-year old granddaughter of the couple was miraculously unhurt. Because alcohol was suspected as a cause of this tragic accident, Jason Ross was incarcerated and may be charged with vehicular homicide, vehicular assault, DUI, reckless driving, driving on the wrong side of a divided highway, and driving with no headlights.

Most any traffic accident involving a semi-truck will likely be serious due to the sheer size and weight of the big rigs. When a semi hits another vehicle head-on, however, the results are most often shattering. While excessive speed or simple inattention are the cause of a large portion of truck-involved accidents, alcohol and drugs can also be a factor even though the majority of trucking companies have implemented random drug testing. Because it appears the driver of the semi was intoxicated, it is likely the family of Mr. Hernandez may have a wrongful death claim and may be able to pursue punitive damages as well. If you have suffered a serious injury accident involving a tractor-trailer, a Missouri personal injury attorney who is knowledgeable about trucking accidents can help. While nothing can bring back a loved one who dies due to the negligence of a truck driver, the family left behind is certainly entitled to reparation for their devastating loss.

A tractor trailer flipped over near Buck Creek, Missouri on January 2, 2011. Highway 67 was blocked by the disabled truck and trailer for seven hours, disrupting highway traffic and motorists. The trailer was filled with cows and many were killed from the impact. At this point, the investigating officers have not indicated what caused the truck and trailer to flip over. According to weather reports from that day, there was no fog, rain, snow or sleet which may have contributed to this Missouri truck crash. Our truck accident personal injury lawyers often see accidents like this caused by distracted truckers because they are texting, reading, or talking on mobile devices. It is unknown if distraction contributed in causing this crash. Thankfully, no other vehicles were involved and the driver of the truck escaped without serious injury.

If you see tractor trailers swerving or driving erratically on the highway, we strongly recommend you contact the authorities by dialing 911, before someone is seriously injured. As responsible citizens, we must look out and protect one another from fatigued truckers.

The government is seeking to further restrict the amount of time interstate truck drivers can be behind the wheel in an effort to increase safety to the general public. As a Missouri personal injury lawyer, it is alarming the number of truck crash injury claims I handle where the driver was over his or her hours, which lead to fatigue and ultimately a horrendous crash. Under the proposal, the time limit would be reduced by one hour. Those of us who live in the St. Louis, Mo area know first hand the devastation a fatigued truck driver can cause after the horrible crash on I-64.

The Federal Motor Carrier Safety Administration may reduce the number of hours from eleven to ten that a truck driver may operate his or her rig within a fourteen hour window. In addition, the trucker would be required to log one hour of "off-duty" during those fourteen hours.

The problem that plagues the trucking industry is that truckers do not keep logs or falsify logs altogether. In fact, many truckers keep two sets of logs- one in case they are stopped and one for their employers, who are more than happy to have their driver on the road making money beyond the time allowed for under the rules. Nearly seventeen percent of all violations last year were for log violations.

If you believe the proposed modification is a good idea to reduce the number of personal injuries and deaths on our nation's roadways, we encourage you to contact your congressman or senator to and urge them to support this endeavor.

Continue reading " Trucking Regulations May Be Modified to Shorten Diving Time; Feds Expect Move to Reduce Serious Injuries and Death Caused by Tractor Trailers " »

In Missouri, an lady who was injured by a impaired truck driver under the influence of methamphetamine, amphetamine and methamphetamine metabolites, has been paid $2,000,000.00 to settle her personal injury claim. On October 4, 2007, the victim has traveling in Franklin County when the truck driver rear-ended her, forcing her vehicle off the roadway. Under the federal motor carrier regulations, which control the interstate operation of tractor trailers, whenever any accident results in personal injuries, the driver must submit to a drug test. In this case, the driver underwent a urine test, which revealed the presence of these drugs. This goes to show how important these regulations are in protecting innocent individuals and families from bad truck drivers. In all likelihood, this driver will never be allowed to operate a tractor trailer again

Continue reading " Impaired Trucker Pays Victim $2.0 Million for Injuries " »