Missouri Truck Accident Lawyer Blog

A Georgia couple was injured in an accident involving a Springfield, Missouri tractor trailer. The Missouri 18 wheeler accident occurred on May 30, 2011 near Pittsburgh, Pennsylvania.

Frank Edward Shepherd, 58, and Pamela Shepherd, 48, passed away in fiery 18 wheeler accident on eastbound I-70. The Shepherds rode in an O&S Trucking tractor trailer behind another large commercial vehicle while exiting the interstate in Donegal Township, Pennsylvania. The Shepherds hit the rear of the other commercial vehicle. The Shepherd’s tractor trailer then lost control and slammed into the side of a parked tractor trailer. The crashed ended when the Shepherd’s crashed into the rear of another parked commercial vehicle, causing the Shepherds’ trailer to catch fire. The Shepherds were pronounced dead at the scene of the fiery Missouri 18-wheeler accident. According to a national news agency, one of the victims may have been ejected from the tractor trailer during the multi-vehicle truck accident.

The Federal Motor Carrier Safety Administration (FMCSA) is an agency of the federal government that focuses on preventing the property damage, serious injury, and death caused by commercial motor vehicle accidents. The FMCSA publishes safety data about motor carrier firms on its Safety and Fitness Electronic Records (SAFER) System to hold trucking companies more accountable for properly maintain their fleet according to federal regulations.

The SAFER system shows dozens of safety violations for O&S Trucking, the Missouri motor carrier firm that owned the 18-wheeler involved in the Shepherds’ death. In the past two years, 44 inspections of O&S vehicle resulted in an “Out of Service” status. That status means that one or more violations were found in a single inspection. 12.5% of O&S’s inspections have garnered an “Out of Service” status in the past 24 months. In 2005, the firm had an FMCSA safety rating of “Satisfactory.” When the firm was reviewed in 2009, the FMCSA changed the rating to “Non-Ratable.”

Few people would search for a trucking company’s FMCSA safety rating after being injured in a Missouri 18 wheeler accident. Insurance claims, medical concerns, and the grieving process may dominate the thoughts of accident victims and their families. Investigating the facts of the company may not occur to the injured parties. An experienced attorney with knowledge of the trucking industry would know that gathering facts about the motor carrier’s safety record may help the victims obtain compensation after a Missouri 18 wheeler accident.

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Two Arkansas men were injured in a Taney County Missouri truck accident on May 23, 2011 at 11:50am. The Missouri side collision truck accident occurred on MO-86, just 4 miles west of Ridgedale, Missouri.

Truck driver Terry A. Ozley of Willard, Missouri lost control of a 2001 Freightliner on MO-86 near Ridgedale, Missouri. The Freightliner crossed the centerline of the roadway into oncoming traffic. The Freightliner slammed into the side of a Ford F450 driven by Johnny L. Carter of Harrison, Arkansas. The Freightliner and the F450 both sustained damage in the Missouri side collision truck accident.

The two men injured in the Missouri truck accident were from Harrison, Arkansas. Carter, the driver of the F 450, suffered moderate injuries. Occupant Jeffrey A. Meier sustained minor injuries. Both men were taken to Skaggs Hospital in Branson, Missouri. Both accident victims wore a safety device. There were no reported injuries for the truck driver.

Out-of-state accident victims are advised to obtain a Missouri trucking accident lawyer for legal representation after an accident occurs in Missouri. A Missouri lawyer is well-positioned to understand how Missouri tort law applies to the facts of the accident. Accident victims often sue in the state in which they were injured to avoid jurisdictional issues. An individual court does not have authority over anyone. Rather, a court’s authority is limited by the rules of personal jurisdiction. Personal jurisdiction is the court’s ability to exercise power over a defendant.

State citizenship is one way to establish personal jurisdiction. State courts have personal jurisdiction over the citizens of the state in which they sit. However, the citizenship of the defendant is the determining factor. Even if all the accident victims are from Arkansas, only Missouri state courts can exercise personal jurisdiction based on citizenship over a Missouri truck driver. An Arkansas court does not have personal jurisdiction over the Missouri truck driver through citizenship.

Personal jurisdiction is additionally determined by state laws called “long arm statutes.” The long arm law in Missouri is determined by Missouri statute §506.500. Statute §506.500 gives Missouri courts jurisdiction over defendants in Missouri truck accident cases because injuring an accident victim in Missouri is committing a “tortious act” within the state. Out-of-state accident victims injured in Missouri should seriously consider filing suit in Missouri instead of their home states.

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Grace E. Stanton of Springfield, Missouri was killed in St. Clair County Missouri trucking accident on May 21, 2011 at 11:56am. The Missouri truck accident occurred at the intersection of MO-13 and 3rd Street in Lowry City, Missouri.

Stanton drove a 2004 Oldsmobile Alero on MO-13. Truck driver Chad D. Long of Ash Grove, Missouri drove a 2007 International Tractor directly into her path. Stanton’s vehicle crashed into the International’s trailer. Stanton’s Oldsmobile was totaled in the accident, while the tractor trailer sustained only minor damage.

Stanton and occupant Joshua A. Thompson of Brookline, Missouri were injured in the Missouri truck accident. Both were taken to Golden Valley Hospital at Clinton, Missouri by ambulance. Thompson sustained moderate injuries. The accident was fatal for Stanton. She was pronounced in the hospital by Dr. William Comporon at 1:20pm. Her next of kin has been notified by the authorities. Truck driver Chad D. Long was tested for alcohol as required by law.

The Federal Motor Carrier Safety Administration (FMCSA) is the agency of the federal government that promulgates safety regulations to decrease the occurrence of Missouri fatal truck accidents. According to the FMCSA’s motor carrier regulations, commercial drivers involved in fatal accidents must be tested for drugs and alcohol. Alcohol tests must be performed within eight hours of the accident. Drug tests must be performed within 32 hours. The FMCSA requires that the drug tests monitor five categories of controlled substances – marijuana, cocaine, opiates, amphetamines and methamphetamines, and phencyclidine (PCP). Those controlled substances have been found to negatively affect driving ability.

If a truck driver tests positive for drugs or alcohol, the trucker cannot legally operate a commercial motor vehicle on public roadways. The driver has to complete a “return-to-duty” process before being able to operate any commercial motor vehicle. The “return-to-duty” process may result in lengthy periods of unemployment. Truck drivers with a history of drug and alcohol use while driving often have difficulty finding another job. Even after the “return-to-duty” process is completed, follow-up drug testing adds additional financial stress to the truck driver. The FMCSA regulations deter truckers from driving roadways while under the influence of drugs and alcohol.

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Two St. Louis residents were injured in a Boone County Missouri truck accident that began when debris fell from a tractor trailer. The Missouri trucking accident occurred on May 19, 2011 on westbound I-70 at 2:35pm.

Photo from the Columbia Missourian

Truck driver Andrew W. Moss from Fayetteville, Arkansas drove a 2007 Freightliner tractor trailer on westbound I-70 near Missouri Route O. Leonard J. Flowers of St. Louis, Missouri drove a 1995 Buick nearby. The Freightliner’s exhaust pipe detached and fell onto the interstate. Flowers swerved to avoid running over the tractor trailer exhaust pipe, but the pipe was unavoidable. Flowers hit the exhaust pipe and lost control of the Buick. The Buick overturned after it drove off the side of the roadway.

Flowers, 64, suffered minor injuries in the accident. Elizabeth M. Flowers, 63, suffered moderate injuries. She was an occupant in the Buick. There were no reported injuries for the truck driver. The injured parties were taken to the University Hospital by ambulance. All parties wore a safety device during the Missouri truck accident.

Tractor trailer debris is a serious danger to drivers, passengers, and pedestrians. Commercial tractor trailers are massive vehicles and their parts are similarly large. Motor carrier regulations in Missouri are designed to prevent accidents caused by falling tractor trailer debris.

The Federal Motor Carrier Safety Administration (FMCSA) has created regulations to prevent truck accidents caused by falling tractor trailer debris. For example, truck drivers are legally required to inspect their tractor trailers before operating the road. The FMCSA regulations also require truck drivers to keep extensive records about the inspections they complete. Truck drivers perform these inspections before operating the massive commercial vehicles to decrease the risk of an accident.

If a truck driver failed to properly inspect a tractor trailer before driving, that truck driver has broken the law. If a truck driver fails to inspect the tractor trailer and the inspection would have revealed the defect that caused a Missouri truck accident, the truck driver may be legally liable to the accident victim. Injured accident victims should obtain an experienced Missouri accident plaintiff attorney who understands how to find evidence of failed safety inspections.

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A Missouri trucking accident injured a Missouri truck driver when he slammed into nine head of cattle on the I-70 on May 17, 2011, just after midnight. The Missouri 18 wheeler accident occurred in Russell County, Kansas on I-70 near the Dorrance exit.

Truck driver John Kenneth Arthurs II, 50, from Independence, Missouri was injured in the single vehicle accident. Arthurs drove a 2004 International 18 wheeler with two Strick trailers, one from 2005 and another from 2006. Arthurs drove the International 18 wheeler on westbound I-70 and crashed into nine head of cattle. Arthurs was injured in the accident. He was taken to the Russell Regional Hospital in Kansas. The semi-trailer was towed from the scene of the accident. The status of the cattle was not reported. The truck driver had appropriate insurance.

The Federal Motor Carrier Safety Administration (FMCSA) requires motor to carry public liability insurance. A regulation public liability insurance policy must cover the bodily injury, the property damage, and the environmental restoration that could result from a collision. The Missouri motor carrier regulation requiring public liability insurance is broadly applied. Motor carriers that operate in interstate commerce, intrastate commerce, or foreign commerce are within the confines of the regulation. The FMCSA regulations mandate strict compliance with insurance requirements for truckers of all kinds.

FMCSA motor carrier regulations are promulgated to prevent the serious injury and extensive property damage that may be caused by Missouri truck accidents. Other vehicles sustain most of the property damage caused by trucking accidents. However, truck accidents may cause extensive damage to other nearby property. 18 wheeler trucks are humongous vehicles that can weigh nearly 80,000 pounds. If an 18 wheeler crashes into valuable property like livestock, the property owner may suffer a dramatic loss.

Since the FMCSA requires motor carriers to obtain public liability insurance covering property damage, an insurance company is likely to compensate a property owner whose possessions have been damaged by a Missouri truck accident. However, insurance companies may search for reasons to avoid covering a claim. Property owners who have suffered loss because of Missouri 18 wheeler accidents should have knowledgeable legal representation to protect their legal right to compensation.

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Two men were sent to the hospital for medical treatment after a Henry County trucking accident on May 10, 2011. The Missouri truck accident occurred on MO-13 at 11:15am.

Randy E. Johnston of Springfield, Missouri swerved in a 2007 Kenworth tractor trailer on MO-13, just north of MO-52. Johnston crashed into the left rear of the 1998 Chevrolet driven by Bill L. Kammerich of Chilhowee, Missouri. Johnston’s tractor trailer continued to slam into the whole left side of Kammerich’s Chevrolet after the initial impact. Johnston swerved away from the Chevrolet and began to slide. The trailer of the Kenworth then crashed into a Ford 555 Model Tractor driven William F. Stewart of Clinton, Missouri. The vehicles blocked northbound MO-13 when they came to rest.

The Missouri State Highway Patrol reported that two people were injured in the Missouri tractor trailer accident. William F. Stewart, 73, of Clinton suffered serious injuries. He did not wear safety device during the accident, but tractors are exempt from seat belt requirements. Billy L. Kammerich, 57, of Chilhowee suffered moderate injuries. He wore a safe device during the accident. Both men were taken to Golden Valley Memorial Hospital by Golden Valley E.M.S. There were no reported injuries for Johnston.

The National Transportation Safety Board (NTSB) is an independent agency of the federal government that makes safety recommendations and monitors the progress of safety regulations. According to the NTSB, the Federal Motor Carrier Safety Administration (FMCSA) is failing to acceptably respond to highway safety recommendations. For example, the FMCSA has not enacted a proposal that would prevent trucking companies from operating if they use tractor trailers with mechanical problems on the roads. When trucking companies put unsafe vehicles on the road, they negligently endanger the public.

Trucking company negligence is a common Missouri truck accident cause. Trucking companies often sacrifice public safety for their profitability. Trucking companies may put poorly maintained vehicles on the road or hire poorly trained truck drivers. Sometimes, trucking companies will even use defective vehicles. The negligent behavior of trucking companies increases the likelihood of truck accident injuries.

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Two semi trucks narrowly avoided injuring other drivers when they collided on I-70 in a Missouri trucking accident. The Missouri truck accident occurred on May 9, 2011 at 4:41pm in the Cooper County trucking accident.

Truck driver Edward S. Renwick lost control over his 2001 Sterling semi truck while driving eastbound on I-70. He sideswiped a 2005 Freightliner Box Truck driven by truck driver Gary A. Rogers. After impact, Renwick drove off the left side of the roadway into westbound traffic. Renwick then drove the semi truck into a guardrail and rested off the north side of I-70. Renwick suffered moderate injuries in the Missouri semi truck accident. An ambulance took Renwick to the Cooper County Memorial Hospital. The tractor trailers narrowly avoided injuring drivers.

Truck drivers may lose control of their commercial vehicles because of an expansive list of common Missouri truck accident causes. Truck drivers may engage in negligent behaviors that cause destructive accidents. Truck drivers may drive excessive hours above the legal limit or drive faster than the speeding limit. Some truck drivers negligently drive under the influence of alcohol or drugs.

Trucking company negligence may cause a truck driver to lose control over a vehicle and cause a Missouri semi truck accident. Trucking companies may negligently maintain their fleet of commercial vehicles or use defective vehicles. Some trucking companies create unreasonable driving schedules, encouraging their drivers to forgo sleep. Discovering the root cause of a trucking is a difficult task. A plaintiff lawyer who specializes in truck accidents will investigate the facts of a truck accident and obtain compensation for injuries.

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An Atchison County Missouri truck accident injured four people when they were ejected from a sedan after collision with a tractor trailer. The Missouri trucking accident occurred on northbound I-29, 7 miles north of Rock Port, Missouri, at 10:39pm on May 9, 2011.

Joseph J. Darman of Cold Springs, Missouri was driving a 1995 Dodge on I-29 with three passengers. A 2004 Freightliner driven by David F. Hollenberg of Cameron, Missouri overtook Darman and struck the rear of Darman’s vehicle. The force of the impact overturned Darman’s vehicle, causing it to land on its side in the path of the Freightliner. The Freightliner pushed Darman’s vehicle off the roadway. All of the occupants in Darman’s vehicle were ejected during the course of the accident. The Freightliner came to rest on its wheels. Darman’s vehicle came to rest on its side, off of the roadway.

The four ejected occupants sustained all of the reported injuries in the Missouri truck accident. Driver Joseph Darman, passenger Rebecca L. Darman, and passenger Amanda N. Playford suffered serious injuries in the accident. Atchison-Holt Ambulance transported them to Grape Community Hospital in Hamburg, Iowa. They were transported by Life Flight to Omaha. Christopher J. Darman suffered moderate injuries. He was transported to the Grape Community Hospital in Hamburg, Iowa. The injured parties were all from Cold Springs, New York. None of the injured parties wore a seat belt.

According to the Missouri Department of Transportation (MoDOT), the leading cause of death for Americans from 2 to 33 year old is traffic accidents. More than 30,000 Americans die in car accidents each year. However, national reports indicate that last year, 2010, had the lowest number of traffic fatalities since 1949. Traffic deaths have decreased over the years though the number of drivers and cars on the road have increased. The decrease in traffic fatalities is partially attributed to the enforcement of seat belt laws.

Missouri statute §307.178 requires seat belts for passenger cars. Drivers, front-seat adult passengers, and children less than sixteen years of age are required to use an appropriate safety device while in a passenger car. Missouri law does not currently require back-seat adult passengers to wear seat belts. Regardless of age or vehicle position, everyone should wear seat belts while in an operating vehicle.

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A pedestrian from Bowling Green, Missouri died in a Missouri truck pedestrian accident on May 8, 2011 at 1:53am. The Pike County Missouri pedestrian trucking accident occurred on the MO-54 near Pike County Road 465.

41-year-old James C. Butler of Bowling Green, Missouri was lying on the westbound side of MO-54 when the accident occurred. The Missouri State Highway Patrol did not report the reason why Butler was in the roadway. Butler was hit by a 2006 Freightliner Rollback. David J. Young of Paris, Missouri drove the Freightliner. Butler was pronounced by Jim Turner, the Pike County Coroner. Butler’s next of kin has been notified.

According to local reports, synthetic drugs may be related to the accident. Butler’s mother notified the police before the accident that she suspected Butler of using “bath salts.” “Bath salts” are synthetic drugs labeled as bath salts to be sold in locations like gas stations. These “bath salts” are not compounds designed to be dissolved in the bathtub. Instead, these drugs are labeled as bath salts to avoid being banned.

While technically legal in the state of Missouri, bath salt drugs are toxic. Poison control centers nationwide report an increasing amount of calls related to the synthetic drugs. As a result of the toxicity of the drugs, some Missouri cities have banned their sale. According to local reports, Bowling Green, Missouri has a ban on “bath salts.” If an accident victim was on a dangerous roadway as a result of voluntary intoxication, his estate’s ability to recover damages may be diminished.

When an accident victim may be partially at fault for a Missouri trucking accident, the doctrine of comparative negligence applies. Comparative negligence doctrine is within the authority of the state governments instead of the federal government. As a result, comparative negligence doctrine differs from state to state. Missouri is a pure comparative negligence state, meaning that an accident victim may obtain compensation for injuries, but the compensation will be decreased by the accident victim’s proportion of fault.

For example, the court may find that an intoxicated accident victim was 40% at fault for the accident. If the court awards damages for $100,000, the accident victim may only recover $60,000. An accident victim’s damages may be reduced by as much as 99%.

Comparative negligence doctrine highlights the importance of having skilled legal representation after a Missouri pedestrian truck accident. Even if you were partially at fault for an accident, you are still entitled to compensation for injuries. Survival and wrongful death statutes allow estates or family members to obtain damages when an accident is fatal. Insurance companies may imply otherwise. A Missouri truck accident lawyer will protect your interests throughout the process.

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Four Kansas citizens were injured in a Jasper County Missouri trucking accident near Joplin, Missouri. The Missouri truck accident occurred on May 3, 2011 at 12:25pm.

A 1998 Kenworth tractor trailer slammed into the driver’s side of a 1998 Chevrolet Monte Carlo on MO-43, five miles north of Joplin. After the collision, the Kenworth truck drove off the roadway and overturned. The Kenworth was driven by Jeffrey L. Oglesby of Lamar, Missouri. The Chevrolet, which was totaled in the accident, was driven by Larry D. Hawkins of Parsons, Kansas.

Four citizens of Parsons, Kansas sustained injuries in the accident. Hawkins, the driver, suffered moderate injuries in the accident. James C. Glass and 14-year-old Adreanna M. Kendrick also sustained moderate injuries. Carla D. Kendrick suffered serious injuries. All four injured people went to St. John’s Hospital of Joplin via ambulance. Oglesby the truck driver did not have any reported injuries. The truck sustained extensive damage.

Filing a lawsuit to obtain compensation for injuries sustained in a Missouri trucking accident can be a complex process for an accident victim. The process may be even more daunting when the trucking accident occurred in another state. Each state has the sovereign authority to create its own traffic laws. As a result, a particular turn may be legal in one state and illegal in a neighboring state. This system allows state legislatures to create the traffic laws that are suited for their state’s terrain, population density, and traffic problems. However, it complicates filing a negligence claim for plaintiffs who reside in another state.

An out-of-state accident victim injured in Missouri should contact a Missouri truck accident lawyer. A Missouri truck accident lawyer will understand how Missouri’s traffic laws apply to the facts of the accident victim’s case. A Missouri lawyer will be aware of recent changes in Missouri tort law, the body of law that governs compensatory claims for accident injuries. Like traffic laws, tort laws differ from state to state. A lawyer from the accident victim’s home state may not understand Missouri tort law as well as a Missouri trucking accident attorney.

Out-of-state accident victims should also consider filing in a Missouri state court or federal district court in Missouri. Personal jurisdiction is the power of a court over a defendant in a lawsuit. Every court does not have personal jurisdiction over every defendant. For example, an Alaskan court would not have personal jurisdiction over a non-Alaskan truck driver who injured a Kansas citizen in a Missouri truck accident. However, a Missouri court would have personal jurisdiction over the truck driver because the accident occurred in Missouri. Therefore, the accident victim could sue the truck driver in Missouri but not Alaska.

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A 96-year-old man from Boonville, Missouri was killed in a Howard County dump truck accident. The Missouri side collision dump truck accident occurred on US-40 near Howard County Road 345 at 2:24pm on May 3, 2011.

Warsh A. Elbert of Boonville, Missouri pulled out of a gas station in a light blue 1998 Mercury on Tuesday afternoon. As he pulled out, a 1999 International dump truck slammed into his front side door. The Howard County Road and Bridge Commission dump truck was driven by Jared K. Wies of Fayette, Missouri.

Elbert was pronounced dead at the scene of the accident by Howard County Paramedic Mary Brundage. He was not wearing a safety device during the accident. There were no reported injuries for dump truck driver Wies.

Elbert’s vehicle was totaled in the Missouri truck accident. The authorities tore open the top of the vehicle, drilled through the doors, and broke the windshield in order to reach Elbert. The Missouri State Highway Patrol, Boonville Police Department, Boonville Fire Department, and the Howard County Ambulance had officials at the scene.

Photo from Boonville Daily News

Missouri side collision truck accidents occur when a big rig slams into the side of the car. These truck accidents often result in death or serious injury. Vehicles may be equipped with headrests and airbags, but those features primarily protect against injuries from front or rear impact collisions. The design of most car doors cannot absorb the impact of a crash with a tractor trailer. Side airbags are a feature that protects against side impact collision, but older vehicles often lack side airbags. The weak protection that vehicle design provides emphasizes the importance of wearing a safety device while operating a motor vehicle.

Negligence claims for Missouri side collision truck accidents are difficult to navigate because a wide variety of factors may contribute to an accident. Excessive speed, brake failure, adverse weather, and driving under the influence may each contribute to an accident. Securing skilled legal representation is the first step in proving a successful negligence claim.

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A Johnson County Missouri tractor trailer crash injured two Oak Grove, Missouri residents on April 27, 2011. The Missouri big rig accident occurred on US-50, just west of MO-13, at 4:56pm.

Truck driver Douglas E. Thibodeaux from Lebanon, Missouri drove a 2000 International westbound on US-50 late Wednesday afternoon. Thibodeaux caused a Missouri truck accident when he attempted to change lanes. Thibodeaux crashed the massive tractor trailer that he operated into the rear of a 2004 Dodge driven by Asia M. Couchman from Oak Grove, Missouri.

Couchman and her passenger, Jackie L. Couchman, both suffered personal injuries in the Missouri trucking accident. They were transported to the Western Missouri Medical Center by Johnson County EMS. The injured parties all wore their safety devices during the accident. Both vehicles sustained minor damage.

According to the Missouri State Highway Patrol, charges were pending an investigation by Warrensburg Police. Authorities conduct a number of inquiries into a Missouri trucking accident. The primary emphasis of accident investigation is discovering whether a law was violated. If a law could have been violated, the investigation seeks proof of violation for each element of the offense. For example, Missouri law enforcement officials will test surviving drivers for intoxication if there is suspicion of driving under the influence of drugs or alcohol.

Authorities investigate the scene of the trucking accident to determine what caused the Missouri truck accident. Skid marks may indicate the velocity, direction, and position of the vehicles before and during the crash. Damaged or broken vehicle parts can illuminate which sections of the vehicles sustained impact forces during the accident. If the drivers in the accident do not own the vehicles in question, the authorities must investigate their relationship to the owners. Investigators must gather information to make official crash reports, including statements from drivers, occupants, and witnesses.

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