Missouri Truck Accident Lawyer Blog

An oversized tractor trailer caused a Benton County Missouri truck accident on June 30, 2011 at 2:00pm. Truck driver Cory Deckert crashed an oversized 1994 Kenworth into a 1975 Ford driven by Lonnie J. Price. The oversized tractor trailer broke the driver’s side mirror of the Ford and injured Price. Deckert is from Drexel, Missouri. Price is from Calhoun, Missouri. Although Price sustained minor injuries in the accident, he refused medical treatment.

Truck accident victims who sustain only minor injuries often refuse medical treatment after a Missouri truck accident. However, accepting onsite medical treatment is a critical part of what to do after a Missouri truck accident. Some truck accident injuries have delayed symptoms. For example, accident victims with spinal cord injuries may not feel pain for hours or days after the accident. Well-trained medical personnel may be able to spot serious injuries before the accident victim is able to feel symptoms.

Refusing onsite medical treatment may compromise an accident victim’s claim for damages. Trucking companies and their insurers will argue that the accident victim’s injuries were not caused by the Missouri truck accident since the accident victims refused medical treatment. Every Missouri truck accident victim should accept medical treatment after an accident. Good legal representation is vital to argue against this faulty logic.

Truck accident victims need to secure evidence after the truck accident. Photograph the accident site before the authorities begin to clear away the vehicles. Photograph any personal injuries, vehicle damages, or other property damage that resulted from the accident. The photographs should include close-ups to show detail along with wider shots showing the relative position of the vehicles. Truck accident victims should keep a journal detailing every event related to the accident: contact from insurance companies, statements made by the truck driver, trips to the doctor, etc. Any paperwork, contracts, settlement offers, or bills should be retained.

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Christopher M. Young of Mt. Vernon, Missouri was injured in a Taney County Missouri dump truck accident on June 23, 2011 at 5:35pm. The Missouri truck accident happened on Highway 76 near Bradleyville, Missouri.

The Missouri dump truck accident occurred when Young crossed the centerline of the roadway while driving a 1994 Freightliner Dump Truck. The dump truck nearly crashed head-on into a 1988 GMC Jimmy driven by Tammy L. Baird of Bradleyville, Missouri. Baird’s GMC was wrecked in the accident. The dump truck sustained moderate damage. Young was transported to Cox South Hospital in Springfield, Missouri for medical treatment.

Missouri truck driver fatigue is a serious problem afflicting the nation’s highways. According to the Federal Motor Carrier Safety Administration (FMCSA), the truck accident injuries of 20,000 accident victims are caused by truck driver fatigue. Fatigued drivers increase the risk of Missouri truck accidents. Fatigued truck drivers are more likely to make dangerous mistakes like crossing the centerline into oncoming traffic. The devastating consequences of Missouri truck driver fatigue have encouraged the FMCSA to promulgate hours-of-service regulations.

Hours-of-service regulations limit how long truck drivers may operate commercial motor vehicles. Hours-of-service rules promote safety by preventing trucking companies from pressuring truck drivers to operate without enough sleep. The FMCSA created the regulations with an eye on scientific studies about sleep deprivation and its effects. The FMCSA worked with organizations such as the Transportation Research Board of the National Academies to best design hours-of-service regulations.

Hours-of-service regulations apply to large vehicles used as a part of a business in interstate commerce. The regulations allow truck drivers to operate property-carrying commercial motor vehicles for a maximum of 11 hours after 10 consecutive hours off duty. Truck drivers are not allowed to drive after 60/70 hours on duty in 7/8 days. The 7/8 day period may be restarted if the truck driver takes 34 hours or more off duty. If the truck drivers utilize the sleeper berth provision, the truck drivers must spend at least 8 hours in the sleeper berth. Hours-of-service rules are federal motor carrier regulations that keep the public safe from fatigued truck drivers.

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A 19 year old from Hannibal, Missouri was injured when a truck driver’s error resulted in a Missouri side collision truck accident on June 22, 2011. The Marion County Missouri truck accident occurred in Hannibal, Missouri.

Paul W. Shear of Taylor, Missouri was the truck driver who drove a 2004 Freightliner on Veteran’s Road at Route MM in Hannibal, Missouri. As Shear drove the Freightliner to the intersection, he failed to yield to traffic. Shear crashed the Freightliner into the driver’s side of a 2001 Pontiac Grand Prix driven by Kayla M. Rodgers of Hannibal, Missouri. Both vehicles ended off the roadway.

The 19 year old Rodgers suffered moderate injuries in the Missouri side collision truck accident. She was transported to Hannibal Regional Hospital by Marion County Ambulance. She wore her seat belt during the accident. Rodgers’s Pontiac was totaled in the accident. The Freightliner only sustained minor damage. There were no reported injuries for the truck driver.

Missouri side collision truck accidents often result in catastrophic injuries. Tractor trailers are significantly larger than passenger vehicles. Passenger vehicle design cannot absorb the forces of a collision with such a large vehicle. Side airbags help prevent injuries when two passenger vehicles collide. However, side airbags are far less effective in tractor trailer accidents.

Missouri drivers should be aware of conditions that increase the risk of side impact collisions with tractor trailers. Intersections are dangerous because truck drivers may cross without being able to properly see other vehicles in the intersection. Truck drivers may also have a difficult time seeing other vehicles while changing lanes or making turns. Drivers of passenger vehicles should give tractor trailers ample space in those conditions. Other conditions that may lead to a Missouri side collision truck accident are adverse weather, and poor road conditions.

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A Cass County Missouri truck accident happened on June 23, 2011 at 3:25pm. The Missouri rear end truck accident occurred when a tractor trailer crashed into another vehicle on US-71.

Truck driver Hector H. Marrero of Houston, Texas drove a 2005 International tractor trailer on US-71 at 307th Street. Marrero slammed the tractor trailer in the left rear bumper of a 1999 Chevrolet driven by George W. Hess of Clinton, Missouri. After impact, the tractor trailer drove into a ditch off the side of the roadway and overturned. Both vehicles were totaled in the accident. The injured went to the Research Hospital in Kansas City, transported by West Peculiar E.M.S.

Missouri truck accidents may be caused by truck drivers from out of state. Missouri accident victims may wonder whether they may successfully sue out-of-state defendants in Missouri state court. State courts have limited jurisdiction. The Missouri state court does not have the authority to issue judgments on people who lack meaningful contact with the state.

Missouri Rule of Procedure 54.06 determines whether out-of-state defendants may be sued in Missouri state court. According to Rule 54.06, serving process on a person, firm, or corporation who “commits a tortious act” in Missouri is enough to authorize a judgment in Missouri state court. Motor vehicle accidents that result in injury are always considered a tortious act. Therefore, Rule 54.06 grants Missouri state court the authority to issue judgments against out-of-state truck drivers who cause injury in Missouri truck accidents.

Accident victims may additionally sue out-of-state trucking companies under Rule 54.06. When truck drivers injure an accident victim within the course of their employment, their employer trucking companies may be liable for that tortious act. Firms and corporations that commit tortious acts within Missouri are under the authority of Missouri state court. Under Rule 54.06, trucking companies may be held accountable in Missouri state court for causing Missouri truck accidents.

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The Federal Motor Carrier Safety Administration (FMCSA) launched a “Teens and Trucks” campaign in an effort to decrease teen fatalities resulting from summer Missouri truck accidents. Data from the United States Department of Transportation showed that more teens ages 15-19 die in Missouri truck accidents in the summer than other times of year. May, June, July, and August are deadly months for teens. An average of 15.9 teens die per day in big rig accidents during the summer, compared to 8.8 per day during the year as a whole.

The FMCSA advises teens to follow a few simple rules to avoid truck accident fatalities:
• Buckle up
• Don’t drink and drive
• Don’t speed
• Don’t text or use the phone
• Steer clear of truck blind spots

Steering clear of truck blind spots is vital to avoiding Missouri tractor trailer accidents. Nicknamed “No Zones” by the FMCSA, trucking blind spots are sizeable. Teen motorists should avoid being in a blind spot while driving near a big rig, tractor trailer, or other commercial vehicle. Truck drivers cannot see motorists in a blind spot, so they are less likely to accommodate them.

The FMCSA used a 53-foot tractor trailer during a “Teens and Trucks” event designed to illustrate safe driving techniques for driving near commercial trucks. FMCSA officials spoke to Maryland and District of Columbia teens in front of Bethesda’s Walt Whitman High School. The National Organizations for Youth Safety (NOYS) and the Commercial Vehicle Safety Alliance (CVSA) were also present. Sandy Spavone, the President of NOYS, stressed the importance of safely celebrating teen milestones like prom and graduation. Steve Keppler, Executive Director of CVSA, encouraged teens to create a “culture of safety” and to remain accountable for their actions.

Accident victims and their families spoke at the FMCSA demonstration about how accidents have directly impacted their lives. Jacy Good, a woman from the state of New York, told the students that she lost her parents in an accident caused by a texting teenager. Laurie Kelly of Maryland told the students that her young adult son was killed in an accident while he was texting. The organizations presented a “No Texting Promise” to attendees during the “Teens and Trucks” event.

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A Missouri tractor trailer accident sent a man from St. Joseph and a woman from Independence when a tractor trailer ran a stop sign. The Missouri truck accident occurred on June 7, 2011 at 2:06pm.

The accident occurred at the Carmack Junction of US-169 at US-136, 4 miles west of Albany, Missouri. Truck driver John C. Parmenter of Albany, Missouri began the accident when he failed to stop a 2001 International Truck Model 2545 at a stop sign. Parmenter drove the massive tractor trailer through the intersection into traffic. A 2004 Harley Davidson motorcycle driven by Mickey L. McCaray of St. Joseph, Missouri struck the passenger side of the tractor trailer. The motorcycle was totaled. The tractor trailer sustained minor damage.

Both motorcyclists were injured in the accident. McCaray sustained moderate injuries. He was taken to Northwest Medical Center by Grand River ambulance. Motorcycle passenger Mandalena G. Juarbe was seriously injured in the accident. Lifenet transported her to Heartland Regional Medical Center in St. Joseph, Missouri.

An accident victim’s injuries after a Missouri tractor trailer motorcycle accident are often severe. When a massively tractor trailer crashes into a motorcycle, there is a high risk of Missouri serious injury and death. In one Benton County accident, a Missouri motorcyclist suffered permanent brain damage as a result of the accident. The accident victim in that case reached a multi-million dollar settlement with the truck driver’s insurance company.

Truck accident victims can sue trucking companies even if the truck driver’s individual negligence or recklessness caused the Missouri truck accident. The doctrine of respondeat superior makes employers legally responsible for the negligence of their employees if the employee was acting within the scope of employment. That doctrine makes trucking companies legally responsible for injuries resulting from truck driver negligence. Respondeat superior is a form of vicarious liability, in which one party is legally responsible for the actions of another.

For example, if a truck driver causes an accident by negligently running a stop sign, the truck accident victims could obtain compensation for their injuries from the trucking company. Respondeat superior helps victims become fully compensated for their injuries, since trucking companies often have a better ability to pay than their drivers.

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An 18-year-old from Cape Girardeau was injured in a Missouri rear end truck accident on June 6, 2011 at 1:47pm. The Missouri truck accident occurred on Route AB at County Road 303 in Scott County, Missouri.

Teenager Spencer J. Burrows of Cape Girardeau slowed a 1997 Jeep to make a left turn. Truck driver Brandan T. Hall of Cairo, Illinois failed to stop a 1996 Freightliner before slamming into the rear of Burrows’ Jeep. The Jeep was totaled while the tractor trailer sustained only moderate damage. Burrows was taken to Southeast Hospital by ambulance for the treatment of the moderate injuries he sustained during the Missouri rear end truck accident.

Missouri tort law allows accident victims to recover for injuries sustained in an accident. Accident victims may obtain compensation for harm resulting from the accident, including but not limited to: medical expenses, diminished earning capacity, loss of wages, loss of enjoyment of life, and pain and suffering.

Award damages in truck accident cases may amount to millions of dollars. Missouri rear end truck accident lawsuits often have large award damages because truck accidents place a tremendous financial burden on accident victims. As a result, trucking companies and insurers will attempt to place as much blame as possible on the accident victim. For example, if an accident victim denies onsite medical treatment but discovers injuries later, the trucking insurance company will argue that the injuries were not caused by the accident. Insurance companies make that argument even when the accident victim suffers from an injury with delayed symptoms, like traumatic brain injury.

Trucking companies and their insurers are skilled in limiting their liability for the injuries of accident victims. Conversely, truck accident victims are often unfamiliar with the litigation process. Truck accident victims should contact an experienced accident lawyer with a proven record in winning compensation for truck accident victims. Make sure to obtain skilled legal representation before signing any documents provided by the insurer or the trucking company.

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An inattentive truck driver caused a four vehicle Columbia Missouri truck accident when she failed to notice slowed traffic. The Boone County Missouri tractor trailer accident, which injured five people from Columbia, occurred on June 1, 2011 at 4:05pm.

Photo from the Columbia Missourian

Truck driver Pearl T. Anderson of Pine Bluff, Arkansas failed to notice that traffic on US-63 was slowing because of another accident on the roadway. When Anderson noticed the traffic, she swerved a 2009 Frieightliner and struck three passenger vehicles. First, the tractor trailer struck a 2000 Chevrolet driven by Gilberto M. Rodriguez. The tractor trailer then crashed into a 2000 Buick driven by Janice M. Palmer. The tractor trailer slammed into the rear of a 1997 Mercury driven by Amber K. Splitter. After striking the three passenger vehicles, the tractor trailer drove off the left side of the roadway and lost its load of rebar.

The tractor trailer totaled all three passenger vehicles and injured six people. The forces of the collisions pushed all three passenger vehicles off the left side of the roadway. A passenger in the Chevrolet and the driver of the Buick became entrapped in their vehicles.

Five Columbia residents were injured in the Boone County Missouri truck accident, including 1-year-old Latavia L. Franklin. Janice Palmer, 62, suffered the most severe injuries in the accidents. The other injured Columbians were Lylvester Franklin, 25, Amber Splitter, 30, and Marybell Garcia, 32. The truck driver, the only non-Missourian involved in the accident, sustained minor injuries.

Missouri distracted driving is the number one contributing factor to accidents. Cell phone use and texting while driving are popular examples of distracted driving, but any activity that takes attention away from the road contributes to distracted driving. Eating, applying makeup, using a GPS device, and looking at a nearby car accident decrease the amount of brain power used to safely operate a vehicle. Directing attention to another activity while driving for even a moment is dangerous because road conditions change quickly. For example, fast-moving highway traffic may suddenly slow because of an obstruction. If a driver is looking away from the road, she may not be able to slow down enough to prevent a Missouri truck accident.

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A Madison County Missouri trucking accident proved fatal for an 8 year old girl from Poplar Bluff, Missouri. The Missouri big rig accident injured three other Poplar Bluff residents.

James H. Murphy, a 54 year old truck driver from Arkansas, attempted to cross US-67 at Route C while traffic was in the intersection. Murphy slammed into the 2003 Ford containing the four accident victims. The Ford ran off the side of the roadway and overturned. The Ford was totaled in the accident.

8 year old Abby N. Burke died in the Missouri big rig accident. She was pronounced dead at the scene of the accident by the Madison County Coroner Chris Follis. Three other people were injured. Ronald E. Daughhetee, 40, and Abby N. Burke, 17, were seriously injured. Melissa L. Daughhetee, 41, suffered moderate injuries. Ronald and Melissa Daughhetee were taken to Parkland Health Center in Farmington, Missouri by ambulance. Abby Burke was transported by Arch Helicopter to St. Louis University Hospital.

The death of a child is an unexpected, tragic event. Parents may be saddled with funeral expenses and medical bills during a time of enormous grief. Missouri law allows family members left behind to obtain compensation for losses related to the wrongful death. However, the circumstances that lead to a Missouri wrongful death lawsuit are emotionally trying.

The emotional difficulty of coping with the death of a loved one highlights the importance of obtaining an experienced Missouri big rig accident lawyer when filing a wrongful death lawsuit. Missouri law limits the recovery of compensation for a wrongful death to the closest family members of the accident victim. As a result, the plaintiffs in a wrongful death lawsuit are often the most emotionally devastated by the accident. An experienced plaintiff’s lawyer is a vital component of a successful wrongful death claim.

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