Missouri Truck Accident Lawyer Blog

Two teenagers barely escaped serious personal injuries from a tractor trailer in Ballwin, Missouri. Apparently the trailer from a semi-truck fell on top of the teen's small car. While the details are still unknown, this tractor trailer accident in Ballwin, Missouri happened on February 8, around 8:15 a.m. on eastbound Big Bend Road, just past Highway 141.

It appears the tractor loosened from the trailer and overturned, completely crushing the passenger side of the teen’s car. The names of the teenagers have not been released. It is unknown whether the teens suffered any injuries from this trucking accident.

Federal law requires truck drivers to perform a specific set of safety and equipment checks each and every time they take to the road, even following a brief rest. If the cause of this truck tipping over was due to an improper safety check the trucking company may be liable for damages. Trucking companies who ignore safety rules may bear punitive damages.

In this case, the consequences of a loaded trailer turning over on a busy roadway could have been fatal, or at the very least extremely serious. Ensuring the trailer is securely attached to the truck requires the most basic of safety and equipment checks. It is possible those safety checks were either not performed. However, this could have been the result of mechanical failure. In cases like this, commercial truck accident lawyers will request the truck and trailer be preserved so an expert can determine the cause of this failure.

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Flying ice from a tractor trailer has injured a Missouri woman. Stacey Spies, 37, was headed eastbound on Interstate 70 in her Chevrolet Cavalier, when a large chunk of ice flew off a semi-truck trailer, crashing through her windshield, striking Ms. Spies in the head. According to Missouri State Highway Patrol, this truck accident occurred around 4:40 p.m., approximately a quarter mile west of Highway 370. Large trucks from across the country travel I-70, and, in some cases, may be coming from areas with even more snow and ice. Ms. Spies was taken by Charles County ambulance to Barnes-St. Peters Hospital where she was treated for minor injuries.

With the heavy amounts of snow and ice that recently hit the St. Louis area, it is important to keep your distance to avoid serious personal injuries from large trucks. While it is much more common for damage to occur to vehicles from falling or flying ice, personal injuries from flying objects coming from large trucks can occur. A spokesman for AAA Missouri, Mike Right, advises motorists that if they are going to pass a big-rig, not to “dilly-dally,” but to get around them quickly and safely. He also noted people who don’t clean the ice and snow from their vehicles could easily lose chunks of ice when driving at highway speeds. Anytime things are falling from a vehicle traveling at high speeds, injuries to motorists and damage to property are likely.

Because two similar accidents have occurred in the past week in Pennsylvania, a Lehigh Valley lawmaker is making her third attempt to strengthen Pennsylvania’s laws regarding removing snow and ice from vehicles. New Jersey already has a law in place which punishes drivers who fail to make “all reasonable efforts” to remove snow and ice. Current law in Pennsylvania prescribes fines for drivers only if the ice causes death or serious bodily injury. Boscola has been pushing this law since the 2005 death of Christine Lambert, who was killed when snow and ice dislodged from a tractor-trailer she was traveling behind, flying through her windshield. New Jersey requires commercial trucks to clear ice and snow from the cab, the top of a trailer or semi-trailer and the top of an intermodal freight container.

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The number of Missouri commercial truck accidents has the FMCSA looking at new ways to make the roads safer. The Federal Motor Carrier Safety Administration is the federal body that regulates the trucking industry. The goal of the FMCSA is to reduce the number of truck accidents across the United States. In furtherance of this goal, the FMCSA is studying sleep apnea and how it causes serious truck accidents.

Many over the road truck drivers have developed some degree of sleep apnea which can be directly responsible for causing critical automobile accidents. Due to the highly irregular sleeping habits of truck drivers, a lifestyle which forces them to spend long blocks of time away from home, and a generally unhealthy lifestyle, many truck drivers have succumbed to obesity. Coincidentally, the fast food industry dominates most truck stops, giving truckers few options to eat healthy. Sleep apnea is directly caused by obesity and irregular sleeping habits. According to one study, over 66% of truck drivers are considered obese, with a staggering 28-42% deemed to have obstructive sleep apnea. New legislation is expected which will mandate screening and treatment of those truck drivers suffering from sleep apnea. Treatment includes losing weight, increasing physical exercise and proper use of a CPAP breathing device.

Often, Missouri commercial truck drivers are inadequately trained before being sent out to share the road with other trucks and much smaller, more vulnerable vehicles. One of the most often-cited reasons for commercial trucking accidents in Missouri is fatigue. Although there are federal rules which regulate driving hours, many drivers and their employers circumvent those rules in an attempt to squeeze in more loads.

If you or someone close to you have been injured in an automobile accident involving a truck, an experienced Missouri commercial truck accident attorney is well aware of the laws governing truck drivers as well as the many ways those laws are routinely circumvented. Being diagnosed with sleep apnea requires the truck driver and his or her employer to monitor the condition carefully to ensure the safety of the smaller vehicles on the road, and your personal injury attorney will make sure that monitoring has taken place.

The FMCSA has proposed new rules regarding hours of service for over the road truck drivers. The proposed changes were published on December 29, 2010, and this publication starts the formal 60-day comment period ending on February 28, 2011. In short, the proposed changes include:

Presently, big-rig truckers are subject to a maximum of 14 hours consecutive on-duty time, with a 16 hour once per week exception for regional drivers, and 16 hours twice per week for non-CDL within 150 miles. The proposed change will set the maximum on-duty hours in any 24 hour period at a flat 13.

The current rule allows 11 hours of driving time within the 14 (or proposed 13) hours of on-duty time. The proposed change is considering lowering the driving time to 10 hours within the 14 (or proposed 13) hours of on-duty time. The off-duty period is presently set at ten consecutive hours, and there is no proposed change for this rule.

Although the proposed changes by the FMCSA don’t seem all that dramatic, even knocking off one hour of consecutive driving time in a given 24-hour period could result in fewer truck-related accidents. Semi-trucks are the largest vehicles on the road and fatigued drivers of these 80,000 pound monsters seem to be disproportionately involved in fatal crashes as well as those involving serious injuries. Because big rigs are much longer and heavier, they can also be much harder to steer or bring to a complete stop. While a car driving 65 mph can stop in about 160 feet, a tractor-trailer going the same speed requires 420 feet to come to a complete stop. The National Transportation Safety Board believes truck driver fatigue could be a contributing factor in as many as 40% of all big truck accidents. Although big commercial trucks account for only four percent of the vehicles on our roadways, they are involved in 11 percent of crash fatalities.

Driver fatigue can result from too many hours of consecutive driving, too many driving hours with less than adequate off-duty time, and pressure to deliver loads. This type of fatigue brings on decreased alertness as well as impaired ability to think clearly and process information efficiently. The proposed decrease in consecutive driving hours is meant to combat the pressures placed on truck drivers by employers trying to increase revenues. Both drivers and their employers who violate the regulations as set out by the FMCSA risk causing injuries and fatalities in what should be preventable collisions, and also risk fines and civil penalties.

If you or a family member has suffered injury as a result from a crash with a large truck, contacting a Missouri commercial truck accident attorney can help you determine who is responsible for your specific accident. Missouri truck accidents may require your personal injury attorney to help you find and receive evidence which must be collected following such an accident, including the driver’s log book, which can tell you if he was driving while fatigued.

A Missouri man who was rear-ended two years ago by a FedEx delivery truck is suing for more than $50,000 in compensation. Anthony Taylor filed his suit on January 24th, 2011, in Madison County Circuit Court where he claims negligence on the part of Stephen L. Herring, the driver for FedEx.

Taylor was driving west on Interstate 70 near Marine Township, when he was forced to slow his speed due to heavy traffic. Taylor claims Herring, driving a FedEx delivery truck, sped up behind him, crashing into the rear of his vehicle. Taylor stated both his neck and back were injured in the crash. He is asking for $50,000 for medical expenses, lost wages and court costs, and is currently represented by Creighton Cohn of Clayton, Missouri. Taylor and his attorney have requested a jury trial in this matter.

Many times FedEx, UPS and other delivery drivers can be the cause of serious automobile accidents because of pressure to make on-time deliveries as quickly as possible. This business expectation can lead to negligent driving and can often result in tragedy. In many cases, we have seen drivers who have received little to no training in these large trucks.

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