Missouri Truck Accident Lawyer Blog

The Federal Motor Carrier Safety Administration (FMSCA) changed how information will be published on the website of its safety accountability program for motor carriers. This change in Missouri motor carrier regulations is a part of a settlement ending recent litigation with trucking associations.

The Compliance Safety Accountability program (CSA) was an enforcement mechanism created by the FMCSA in 2010 in order to reduce the amount of Missouri truck accidents and save lives. The CSA analyzes safety-based violations from trucking inspections and Missouri truck accidents to measure the safety performance of motor carriers. The FMSCA maintains a website that gives the public access to information regarding the safety measurements of commercial motor carriers.

Three trucking associations sued the FMCSA in November 2010, challenging the CSA program. The trucking associations – the National Association of Small Trucking Companies, the Air & Expedite Motor Carriers Association, and the Expedite Alliance of North America – reportedly aimed to prevent the release of safety performance data analyzed by the CSA.

The parties reached a settlement agreement this month. The FMCSA agreed to modify its website by changing a symbol and adding a disclaimer. The former “ALERT” symbol, used to indicate scores above a particular threshold, will be replaced by an exclamation point in a yellow triangle. The FMCSA must also add the disclaimer that safety performance data on the website should not be the sole basis for drawing conclusions about the overall safety of a motor carrier. Whether these changes will affect future claims related to Missouri truck accidents is currently unknown.

Changes in Missouri trucking regulations come from multiple sources – legislation, administrative rulemaking in the executive branch from the federal government, or litigation and settlements (as in this case). Missouri motor carrier regulations determine the legal duties of a commercial truck driver and what constitutes a breach of those duties. These determinations may be essential to negligence cases in which an accident victim sues for compensation after a Missouri truck accident. Monitoring the changes in trucking law and applying them to your case is a complex task that is best handled by a professional.

Continue reading " FMCSA Changes Safety Program After Reaching Settlement Agreement with Trucking Associations " »

An early morning Missouri tractor trailer accident in Chillicothe, Missouri near the intersection of highway US-36 and Mitchell Avenue seriously injured one man and moderately injured another on March 28, 2011 at 6:47am.

Max W. Archer, 22, of Hamilton, Missouri crossed US-36 while driving on Mitchell Avenue in a 1994 Chevrolet Corsica. Truck driver Luke J. Swords, 30, of LaSalle, Illinois was driving a 2004 International on US-36 as Archer crossed the roadway. Swords skidded off the roadway in a failed attempt to avoid a collision. The tractor trailer slammed into Archer’s vehicle, causing a Missouri semi-truck accident. After colliding with Archer’s vehicle, the semi-truck drove off the roadway, crashed into a sign, and overturned into a ditch. Both vehicles were totaled and towed away from the scene of the accident.

Archer was seriously injured. He was reportedly not wearing his safety device. The Life-Flight Eagle Helicopter transported him to St. Luke’s hospital in Kansas City, Missouri. Swords was moderately injured. Chillicothe E.M.S. transported him to Hedrick Medical Center. The men were additionally assisted by the Livingston County Sherriff’s Department, Chillicothe Police Department, and Chillicothe E.M.S. and Fire Department.

The accident was similar to another Missouri tractor trailer accident that occurred at the same intersection earlier this year. According to local reports, Walker Trent, 84, of Ludlow, Missouri was killed in a Missouri truck accident with a 2005 Trail King flatbed trailer in a September 2010.

Missouri trucking accident injuries are usually more severe than injuries sustained in car accidents. The increased severity of the injuries causes dramatic financial consequences for the victim of the crash, often an automobile or motorcycle driver. Obtaining compensation for the injuries sustained in the trucking accident is essential for the victim to be made whole after the accident. With the goal of making the victim financially whole after the accident, Missouri law allows recovery for medical bills, lost wages, diminished quality of life, pain and suffering, and other negative consequences caused by a Missouri truck accident.

Continue reading " Two Men Injured in Livingston Missouri County Truck Accident in Chillicothe " »

Two people were injured in a Missouri truck accident when a tractor trailer overturned on highway US 36, 6 miles east of Hamilton, Missouri. The accident occurred on March 20, 2011 at 5:15am in Caldwell County, Missouri.

According the Missouri State Highway Patrol, truck driver Pablo Herrera-Torres of Las Vegas, Nevada fell asleep while operating a 2002 Freightliner Tractor-Trailer. As a result, the massive tractor trailer went off the road. As Herrera-Torres attempted to steer back onto the roadway, the tractor trailer overturned on the passenger side. The tractor trailer blocked the westbound lane of the highway when it finally came to a stop.

The truck driver was injured in the Missouri semi truck accident. Miguel F. Perez-Martiuez, an occupant in the tractor trailer, was additionally injured. Both men were transferred to the Cameron Regional Medical Center by Caldwell County Ambulance. Herrera-Torres was wearing his safety device. Perez-Martinuez was reportedly not wearing a safety device.

Drowsy driving is a significant Missouri truck accident cause. However, the specific number of Missouri 18 wheeler accidents caused by drowsy driving is difficult for researchers to discern. According to a report from the National Sleep Foundation, Missouri is the only state that does not include a fatigue or drowsiness code in its crash reports. Missouri removed its code years ago for an unspecified reason.

Missouri motor carrier regulations aim to decrease the number of Missouri truck accidents, fatalities, and injuries caused by drowsy truck drivers. The Federal Motor Carrier Safety Administration (FMCSA) restricts the number of hours that a truck driver can operate a commercial vehicle before taking a break. Under current federal law, trucking companies are required to retain truck driver’s logs for half a year. Despite these laws, some truck drivers do not get enough rest to drive because of unrealistic schedules and the drive to earn more. Missouri truck accident attorneys can use driver’s logs as evidence in personal injury claims against motor carriers and their drivers.

Continue reading " Trucker Overturns after Falling Asleep at the Wheel in Caldwell County Missouri " »

The federal government has proposed a new Missouri motor carrier regulation to alter Hours of Service regulations. The proposed rule requires the use of electronic on-board recorders for particular commercial motor vehicles operating in interstate commerce.

The Federal Motor Carrier Safety Administration (FMCSA), an agency of the federal government, recently proposed a change to Hours of Service (HOS) regulations. HOS rules primarily limit the number of consecutive hours that a commercial motor vehicle driver can operate. The goal of HOS rules is to keep fatigued, sleep-deprived truck drivers from endangering themselves and others by operating vehicles on short rest. Fewer fatigued truck drivers means fewer Missouri truck accidents.

The proposed rule amends current Missouri trucking regulations to require particular motor carriers to utilize electronic on-board recorders to document the hours of service for their drivers. Electronic on-board recorders systematically monitor compliance with HOS rules. While the proposed rule does not relieve motor carriers from all HOS recordkeeping, motor carriers who use electronic on-board recorders will no longer have to keep supporting documents that verify driving time. The electronic on-board recorder would supplant the documentation previously required. The proposed rule additionally requires all motor carriers to systematically monitor the HOS of their drivers. If the proposed rule becomes final, motor carriers would have 3 years to comply with the new requirements.

The proposal also seeks to reduce the burden of paperwork imposed on motor carriers, which in turn will increase compliance with HOS regulations. Increased HOS compliance means safer highways, because driver fatigue and unrealistic schedules cause Missouri trucking accidents.

Continue reading " Proposed Federal Regulation Will Require Electronic On-Board Recorders for Commercial Motor Vehicles " »

A Waynesville, Missouri man was hospitalized after a Missouri rear end truck accident at the intersection of MO-19 and MO-54 on March 20, 2011 at 11:15am.

Alex W. Hause, 31, of Waynesville, Missouri was moderately injured in a Missouri truck accident. Hause drove a 2005 Kia on MO-19 in Audrain County, Missouri. He passed a 2010 Peterbilt tractor trailer driven by Michael E. Trinke, 56, of Rushville, Illinois before the intersection of Missouri highways 19 and 54. As Hause attempted to turn onto highway 54, the tractor trailer slammed into the rear of his Kia. The Missouri rear end truck accident forced Hause’s car of the roadway.

Hause suffered moderate injuries. He was transported to Audrain Medical Center for treatment. His vehicle was totaled. The Kia had to be towed away from the scene of the crash. Trinke, the truck driver, had no reported injuries from the crash. The Peterbilt tractor trailer only sustained minor damage and was driven from the scene.

Determining fault in Missouri semi truck accidents is a complicated process. Establishing fault after a big rig crash can involve a complex investigation into driving speeds, vehicle maintenance, and weather conditions. Blatant truck driver negligence can be the catalyst for a Missouri truck accident, but so can improperly weighted loads. Trucking insurance companies will invariably argue that the victim is actually at fault for the crash.

Missouri law allows defendants to raise the comparative negligence defense, which reduces the compensation that a victim can recover after a crash. If a truck driver raises a comparative negligence defense, the court will decide how negligent the victim was during the collision. If the court decides that the victim is even partially at fault for the Missouri truck accident, the court will reduce the compensation the victim may receive for injuries sustained.

Continue reading " Audrain County Rear End Truck Accident Sends Waynesville Missouri Man to Hospital " »

The automobile of a Washington County teenager sustained extensive damage in a Washington County Missouri truck accident on March 16, 2011 at 10:35am. The Missouri side collision truck accident occurred on Highway 32, 1.5 miles west of Holiday Shores.

Truck driver William A. Barnhart, 37, drove a 1994 Peterbilt semi-trailer behind teenager Katelyn J. Beck of Caledonia, Missouri on Wednesday morning. Beck slowed her 2001 Pontiac Montana and attempted to make a left turn. Barnhart tried to pass Beck on the left side while she made that turn, causing the semi to slam into the side of Beck’s car in this Missouri side collision truck accident.

The semi caused extensive damage to Beck’s car. Beck and her passenger Rechelle L. Beck, 41, suffered minor injuries. Washington County ambulances transferred them to the Washington County Hospital. They suffered minor injuries. The Highway Patrol did not report any injuries for Barnhart. While Beck’s car required towing, the Peterbilt semi was simply driven from the scene.

Missouri side impact collisions pose a particular threat to automobiles. Cars cannot withstand broadside collisions as well as front- or rear-impact crashes. There are no crumple zones on the sides of a car to absorb the force of the crash. Many cars additionally lack the protection of side curtain airbags. Broadside collisions exploit these systematic weaknesses, causing extensive damage to vehicles and serious injury to people. Broadside collisions between two cars often cause fatalities, serious injuries, and extensive vehicle damage. A broadside collision involving a semi-trailer is even more dangerous.

The Federal Motor Carrier Safety Administration (FMCSA) strictly regulates semi-trailers like the Peterbilt with the goal of reducing the rate of dangerous and deadly collisions on the nation’s highways. Many of the regulations target the type of driver behaviors that lead to Missouri side collision truck accidents. Regulations bar driving over the speed limit and texting while driving for commercial motor vehicle. When a truck driver violates a regulation from the FMCSA, an experienced Missouri accident attorney can use that violation as evidence of negligence in driving.

Continue reading " Semi Causes Extensive Damage to Washington County Teenager’s Car in a Side Impact Collision " »

The Federal Motor Carrier Safety Administration (FMCSA) has issued a final rule banning commercial drivers from text messaging on the road to decrease Missouri truck accidents.

The FMCSA recently prohibited on-the-job text messaging by commercial truck drivers. Under the new regulation, motor carriers cannot require or allow their drivers to text while driving. The rule additionally disqualifies drivers with texting-while-driving violations from obtaining a commercial driver’s license. This rule aims to decrease the driver distraction accidents that cause devastating fatalities and Missouri trucking accident injuries each year.

The agency created the new rule in response to a study that highlighted the dangers of texting while operating a tractor trailer or semi. The study found that the odds of safety-critical events like Missouri rear end truck accidents and unintentional lane deviations are 23.2 times greater for commercial truck drivers who texted than those who did not. Commercial truck drivers are targets for regulation because Missouri trucking accident injuries are often more serious than injuries from car accidents. Distracted drivers are dangerous drivers, especially behind the wheel of a tractor trailer or big rig.

Truck drivers distracted from texting put other drivers, passengers, and pedestrians at a high risk of harm. According to the National Highway Traffic Safety Administration, half a million people were injured in a distracted driver accident in 2009. Distracted driver accidents caused 5,500 deaths that same year. The FMCSA has issued this new regulation to decrease the devastation that distracted driving causes.

Continue reading " Federal Motor Carrier Safety Administration Bans Truck Driver Text Messaging " »

An out-of-control tractor trailer seriously injured Vander L. Coltrane of Columbia, Missouri in a Missouri head-on truck accident when it crossed a highway median on March 7, 2011 at 7:50pm.

According to the highway patrol, truck driver Abhi J. Farah of Ohio lost control of a 2006 Kenworth Tractor Trailer Unit while driving on I-70 near the Midway exit. The tractor trailer tore through the highway cable median barrier into oncoming traffic. Then the tractor trailer slammed into a minivan in a near head-on collision before overturning. Vander L. Coltrane of Columbia, Missouri was driving the 1997 Plymouth Voyager minivan that was totaled by the tractor trailer. Coltrane sustained serious injuries in this Boone County Missouri truck accident. EMS transported Coltrane to University Hospital in Columbia, Missouri. Farah, the tractor trailer operator, was transported to the same hospital with serious injuries. Farah’s condition was reportedly updated to fair on March 8. Coltrane’s condition was still serious.

Commercial trucks like the Kenworth Tractor Trailer are more likely to cause serious injuries than a typical vehicle because of their immense size. The injuries an automobile driver can sustain in a Missouri front-impact collision with a tractor trailer are even more pronounced. Head-on truck accidents are the most deadly type of truck accident. Missouri head-on truck accidents also increase the likelihood of spinal cord or traumatic brain injuries.

Onsite medical treatment is critical after an accident with a tractor trailer, regardless of whether the victim appears injured. Serious injuries affecting the brain and spinal cord may not show outward symptoms for days, but may be treated immediately after the accident. Moreover, insurance companies will actively use delayed treatment as evidence that the injury was not caused by the accident. The insurance companies will argue that if the collision caused the serious injury, the victim would have sought treatment immediately after the accident. Waiting for the onset of symptoms before seeking medical treatment after a Missouri truck accident can dramatically alter a claim’s success.

Continue reading " Tractor Trailer Crashes Across Highway Median and Seriously Injures Columbia, Missouri Resident " »

Slick, icy roads Wednesday morning in Missouri caused a serious truck accident and led to 31-car pileup on Highway 64/40 in Midtown St Louis. According to local reports, a FedEx tractor trailer was the catalyst for this crash when it lost control on eastbound highway 64. Vehicle after vehicle crashed into the FedEx tractor trailer after losing control on the ice.

Doug Lemmons, a driver from Dardenne Prairie who was involved in the 64/40 pileup, said he could hear the screams of a victim lodged between an SUV and his car while he waited for help. Lemmons himself was trapped in his car until he was extricated by rescuers.

The massive pileup caused roughly 30 people to be sent to local area hospitals. Most of the victims have been treated and released. Fifteen of the injured were sent to Saint Louis University Hospital, one of whom was admitted to surgery. Other victims went to the emergency room at Barnes Jewish Hospital, also in St Louis. There were no serious injuries, though some victims suffered broken bones.

The Missouri Department of Transportation (MoDOT) stated it could not clear the roads of ice fast enough because of the inadequate weather forecast. The weather forecast changed to ice and freezing rain before dawn. MoDOT called in all of its workers and sent out trucks to salt the road however those actions were not enough to prevent this Missouri truck accident.

Since large commercial motor vehicles can cause significantly more damage than smaller vehicles, the regulation of tractor trailers like the FedEx truck involved in the pileup is essential for safe roads and highways. The Commercial Motor Vehicle Safety Act of 1986 created stringent requirements for commercial motor vehicles, drivers and carriers, and each must follow the regulations to prevent serious injury and death on our roadways.

Continue reading " Tractor Trailer Causes 31 Car Pileup in St Louis Missouri " »