Missouri Truck Accident Lawyer Blog

The Federal Motor Carrier Safety Administration (FMCSA) is federal agency focused on increasing highway safety and preventing Missouri trucking accidents. The FMCSA Administrator, Anne S. Ferro, recently made an oral statement to a transportation committee of the United States Senate about reauthorizing its Motor Carrier Safety Program.

The FMCSA decreases Missouri truck accidents in part by taking unsafe motor carriers off the nation’s roadways. If a commercial trucking company has an egregious safety violation, the FMCSA may cease the company’s operation by issuing an imminent hazard order. According to Ferro, 10% of motor carriers are “high risk carriers.” Unlike the overwhelming majority of motor carriers, high risk carriers endanger the public by having multiple safety violations.

High risk carriers are a minority of motor carriers, but they cause a great deal of accidents and injuries around the nation. High risk carriers are involved in 40% of serious and fatal Missouri truck accidents. The FMCSA seeks greater enforcement authority from Congress to deter high risk carriers from causing more accidents.

Missouri’s tort laws also deter Missouri truck accidents. Missouri tort laws empower Missouri truck accident victims to obtain compensation for any injuries sustained in a Missouri truck accident. Truck accident victims can recover compensation for medical expenses, lost wages, physical pain, and other losses related to the accident. Tort laws act as a deterrent for negligent trucking companies because preventing accidents prevents a financial loss for the company. High risk carriers may not be concerned about safety, but they are typically concerned about their bottom line. In addition, tort laws keep trucking companies accountable for the injuries caused by safety violations and negligence.

Continue reading " FMCSA Administrator Asks Senate to Help Deter Missouri Truck Accidents " »

A woman from Devils Elbow, Missouri was moderately injured in a Missouri rear end truck accident when a truck driver failed to notice her car. Truck driver Regina L. Castro from Williamsburg, Pennsylvania drove a 2010 Kenworth tractor trailer in the passing lane of I-44 in St. Robert. Castro pulled into the driving lane of the highway, not noticing that another vehicle was already in that lane.

Gina R. Vosylius of Devils Elbow, Missouri was driving on I-44 when she was struck by the Kenworth. Vosylius was driving a 1999 Chevrolet Cavalier. The 42-year-old Missourian was moderately injured in the Missouri rear end truck accident. She was transported to Phelps County Regional Medical Center in Rolla, Missouri by Pulaski County Ambulance.

Large commercial trucks wreak havoc in Missouri truck accidents. Their massive size put passenger car drivers at a great disadvantage when a collision occurs. Truck accident victims often suffer serious injury and death in Missouri truck accidents. To deter accidents and to make accident victims financially whole, Missouri tort law allows victims to recover compensation for the injuries sustained in a negligent accident.

A favorable judgment or settlement includes compensation for the numerous losses that a truck accident victim sustains during and after an accident. The truck accident victim may recover any wages lost because of the time spent in the hospital. Truck accident victims may receive reimbursement for the medical expenses incurred for related injuries. Truck accident victims may even recover compensation for diminished earning capacity.

Every truck accident victim needs an experienced Missouri truck accident attorney to discuss their legal rights after a Missouri truck accident. The physical, emotional, and financial consequences of a truck accident are difficult for anyone to handle. Let our attorneys handle your fight for compensation while you heal.

Three men from Winston, Missouri were injured in a Dekalb County Missouri trucking accident. The men were riding in a 2000 Chevrolet Express Van on US-36 in Stewartsville city limits. Ahead of the van, a 2005 Kenworth Conventional driven by Iowa truck driver John R. Keith was attempting a right turn onto a smaller street. A Missouri truck accident occurred as the towed unit of the Kenworth truck collided with the van occupied by the Winston men. The van came to rest on US-36 while the truck completed a controlled stop on the side street.

The injured men were taken to local hospitals for medical treatment. Van occupant Quentin J. Hunt, 42, suffered moderate injuries. He was transported to Cameron Regional Medical Center by Dekalb-Clinton EMS. Van occupant Jerrod A. Hunt, 20, was transported to the same hospital by Tri-County EMS. Van driver Jerry L. Talbot, 52, was transported to Heartland Regional Medical Center by Heartland EMS.

Determining fault in a Missouri semi-truck accident is different for every case. On occasion, a Missouri trucking accident is caused by obvious negligence on the part of the truck driver. In most instances determining fault is more complex. A fatigued truck driver may have caused an accident after operating the commercial truck more than the legally allowed limit. The truck could have been loaded and secured improperly by a non-driving employee of the trucking company. One or more of the mechanical parts of the truck could have been defectively manufactured.

Truck accident victims need experienced Missouri truck accident attorneys to investigate the facts of their truck accident. Our Missouri truck accident lawyers have years of experience helping truck accident victims obtain compensation for the injuries sustained in Missouri truck accidents.

A Laclede County Missouri tractor trailer accident occurred when the driveshaft of a 2006 International Tractor Trailer fell onto the roadway on July 24, 2011. The driveshaft struck four other vehicles after falling from the tractor trailer driven by truck driver Anson D. Manfro from Collinsville, Illinois in the Missouri truck accident.

The 2002 Pontiac Gran Prix by Edwardsville teen Danielle M. Suess was struck by the tractor trailer part. Suess was taken by St. Johns Paramedics to St. Johns Medical Center in Lebanon, Missouri. Suess sustained the only reported injuries in the accident.

The other drivers involved in the Missouri trucking accident were from all over the nation. Jola M. Oneal from Wichita Falls, Texas now has to deal with the damage to her 2011 Hyundai Sonata. A 2006 VW Jetta driven by David B. Haufmann of Overgaard, Arizona sustained damage when it was struck by the tractor trailer driveshaft. Dwayne P. Pratt from Wyandotte, Michigan drove another International Tractor Trailer that was struck by the driveshaft.

This Missouri trucking accident highlights the important role that federal trucking and motor carrier regulations play in Missouri. The federal government requires that truck drivers and trucking companies regularly inspect tractor trailers. Commercial motor vehicles like tractor trailers must be inspected daily. Federal regulations additionally require that the trucking company maintain extensive inspection and maintenance records.

Federally mandated inspections are necessary because Missouri truck accidents with defective equipment are a serious danger to the public. According the United States Department of Transportation, 10% of trucking accidents are caused by vehicle factors. Missouri truck accidents result in serious injury and death for hundreds of people each year.

The federal government may use its authority over instate commerce to force unsafe trucking companies out of service using imminent hazard orders. In fact, the federal government has ramped up use of imminent hazard orders in the past two years. The government may take particular vehicles out of service for safety violations as well.

Federal motor carrier regulations help accident victims recover compensation for the injuries sustained in Missouri truck accidents. Accident victims can use the federal safety violations as evidence of negligence. If the accident victim successfully shows that the truck driver or trucking company was negligent, the accident victim may obtain compensation for the injuries caused by that negligence.

Continue reading " Edwardsville Teen Injured by Fallen Tractor Trailer Part on I-44 " »

According to the United States Department of Transportation, the Obama Administration has dramatically increased orders to shut down unsafe trucking companies. These federal orders are a part of a larger effort to decrease Missouri trucking accidents and the injuries that result from them.

The Administration has the authority to issue imminent hazard orders through the Federal Motor Carrier Safety Administration (FMCSA). Imminent hazard orders place unsafe trucking companies out of service. Unsafe trucking companies are more likely to cause Missouri tractor trailer accidents. This Administration is ramping up the enforcement of safety trucking regulations. Trucking companies are subject to surprise safety inspections, full reviews of compliance, and increased enforcement actions like imminent hazard orders. If a trucking company is sued for injuries sustained in a Missouri trucking accident, a company history of federal safety violations may help the accident victim prove negligence.

In the past two years, the Administration has issued more imminent hazard orders than in the previous decade combine. Between 2000 and 2009, the federal government issued only 14 imminent hazard orders that took unsafe motor carriers out of service. In the past two years, the FMCSA issued 14 imminent hazard orders – equal to the amount from the previous decade.

The imminent hazard orders are not exclusively for trucking companies. Other carriers may be placed out of service because of risky activities. For example, one company was found transporting people in baggage compartments in violation of safety regulations.

The increase in imminent hazard orders is the direct result of an increased interest in highway safety. United States Transportation Secretary Ray LaHood said, “ I have pledged to put public safety above all else…We have seen the tragic consequences of unsafe practices – whether it’s ignoring fatigue regulations, providing inadequate driver training, or failing to conduct the proper maintenance…We [will] continue using all of the tools at our disposal to get unsafe carriers off the road.”

The FMCSA has submitted a new safety proposal for Congress’s approval. The FMCSA wants to establish a federal standard to stop “reincarnated” carriers. “Reincarnated” carriers are merely a new version of an unsafe carrier that was previously issued an imminent hazard order. The FMCSA additionally requests greater authority to inspect commercial passenger buses. The FMCSA aims to decrease Missouri trucking accidents with Congress’s authorization.

Continue reading " Federal Government Cracks Down on Unsafe Trucking Companies " »

A Cass County Missouri truck accident left a man from Shell Knob, Missouri seriously injured on July 18, 2011 at 2:50pm. The Cass County Missouri trucking accident occurred as a 2005 Kenworth and a 2005 Hyundai travelled on northbound U.S. Highway 71. Michael E. Finney of Shell Knob, Missouri slowed down the Hyundai because of the congested traffic ahead.

Truck driver Greg J. Tucker of West Branch, Iowa overtook Finney’s Hyundai and slammed into its left rear bumper. The force of the collision forced Finney off the right side of the highway. Finney’s vehicle overturned, coming to rest facing south. Finney was ejected from the Hyundai during the course of the accident. The Kenworth truck came to rest in the highway median. Whether either driver wore a seat belt is unknown.

There was a noticeable imbalance in the consequences of the accident. Finney was taken to Research Hospital with serious injuries. There were no reported injuries for the Iowan truck driver. The Hyundai was totaled. The Kenworth truck only sustained minor damage and could be driven from the scene of the accident.

Typical drivers of passenger cars, vans, and SUVs are at a great disadvantage in a Missouri tractor trailer accident. Commercial motor vehicles are much larger than typical passenger vehicles. Passenger vehicles and the occupants inside them are far more likely to sustain serious damage in a Missouri truck accident.

The potential of serious injury is high for truck accident victims. In response to the high volume of truck accidents, the federal government enacted a number of safety regulations for truck drivers and trucking companies. Truck accidents are often a result of one or more violations of safety regulations. For example, the truck driver may have been texting in violation of the prohibition on texting while driving for truck drivers. The truck driver may have been fatigued for operating the tractor trailer longer than what is allowed.

Truck accidents are not mere car accidents with greater damage. Successfully suing a truck driver or trucking company after a Missouri trucking accident understanding which trucking regulations were violated during the accident. A truck accident victim needs a Missouri trucking accident attorney with experience combing through federal regulations and applicable state law to successfully obtain compensation for truck accident victims.

Continue reading " Cass County Missouri Man Seriously Injured by Kenworth Truck " »

Three residents of Ft. Leonard Wood, Missouri were injured in a Pulaski County Missouri tractor trailer accident on I-44. The Pulaski County Missouri truck accident occurred on the evening of July 9, 2011.

The accident began as truck driver Carlos A. Lopes, 61, changed lanes in a 1998 Freightliner. The rear axle in the towed section of the truck smashed into the side of a 2005 Mazda. The Madza, driven by 21-year-old Amber L. Castleberry of Ft. Leonard Wood, drove off the side of the roadway because of the impact. The Mazda and its occupants slammed into a tree.

Castleberry and her occupant Cameron M. Castleberry, 21, sustained moderate injuries in the accident. An infant less than a year old named Cadence L. Castleberry was injured in the Missouri truck accident. All three injured people were taken to Ft. Wood Hospital by Pulaski County ambulance.

The Federal Motor Carrier Safety Administration (FMCSA) has launched a serious effort to reduce the number of Missouri trucking accidents. A major part of that effort is determining the preventability of accidents. The FMCSA’s preventability analysis is designed to help truck drivers and motor carriers prevent future accidents. Preventability analysis focuses on the facts in the motor carrier’s accident register. The accident register is reviewed in light of all the facts related to the cause of the individual accident.

While each accident is analyzed individually, there are certain types of accidents that are typically classified as preventable. Most accidents that occur while the truck driver is passing are classified as preventable. Accidents while passing are definitely preventable if the truck driver failed to warn the accident victim of the intent to pass. If the truck driver passed while the view was obstructed by foliage, a hill, or adverse weather conditions, the accident is considered preventable.

The FMCSA provides preventability analysis so that motor carriers and truck drivers can devise methods to prevent future accidents. Preventability analysis may serve another purpose for truck accident victims. If an accident was preventable according to the FMCSA, a truck accident victim may have an easier time proving that the accident was caused by negligence.

Continue reading " Pulaski County Tractor Trailer Accident Injures Ft. Leonard Wood Infant " »

A 49 year old Missouri man from Shelbina, Missouri died in a Missouri truck accident on July 12, 2011 at 3:15am. He was struck by a Freightliner tractor trailer while walking in the roadway.

The Missouri trucking pedestrian accident occurred as Kevin W. Shipley of Shelbina, Missouri was walking in the northbound right lane of US-61 before sunrise this morning. Shipley was struck by a 2007 Freightliner that was driven by Edward L. Pinkham, 34. Pinkham was an out of state truck driver from Defiance, Ohio. Shipley died at the scene of the accident. His death was pronounced by the Pike County Coroner Jim Turner at 8:35am. Shipley’s next of kin has been notified of his death. There were no reported injuries for the truck driver.

Pedestrians must stay alert when walking near public roadways. Tractor trailers, buses, and other large commercial vehicles have a limited visibility. Commercial motor vehicle drivers have difficulty seeing individual walkers, a fact that spells danger for pedestrians. Pedestrians should exercise care when walking near highway to prevent the deadly combination of Missouri truck accidents and pedestrians. Pedestrians are advised to avoid walking directly in the roadway outside of a designated crossing area. Walking in the roadway increases a pedestrian’s risk of being involved in a Missouri trucking accident.

Pedestrians who are struck by large trucks while walking in the roadway may still be entitled to compensation. Missouri statute §304.012.1 states: “Every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.” This statute requires truck drivers to drive carefully and exercise care. Even if the pedestrian accident victim was walking in the roadway when the accident occurred, the truck driver in violation of statute §304.012.1 may still be found negligent and liable for damages.

Continue reading " Missouri Truck Accident Kills Pike County Pedestrian on Highway 61 " »

The Federal Motor Carrier Safety Administration (FMCSA) recently proposed eliminating a braking safety requirement after a petition for rulemaking was presented by a lobbying organization for trucking companies. The FMCSA proposes to eliminate the operational brake requirement for the final saddle-mounted tractor or truck in a triple saddle-mount combo. The federal trucking and motor carrier regulations currently require operational brakes on any wheel of a saddle-mounted vehicle on a commercial motor vehicle.

The FMCSA’s proposed rule change follows a petition for rulemaking submitted by the Automobile Carriers Conference (ACC). The ACC is a part of the American Trucking Associations, which represents commercial motor carriers. The ACC represents motor carriers that specifically transport motor vehicles like passenger cars.

The ACC submitted the petition because it believes that the requirement degrades braking performance. The degradation occurs when the axle of the last vehicle locks up under heavy braking. The operational brake may actually increase stopping distance if it causes an axle to lock. When stopping distance increases, truck drivers have a more difficult time avoiding Missouri truck accidents. The ACC based its petition on data from performance tests performed by a firm named Link-Radlinski, Inc. (then known as Radlinski & Associates). The firm conducted the tests for another company.

The FMCSA is proposing the rule change because it agrees with the tests upon which the ACC based its petition. Since eliminating the operational brake requirement may improve braking performance, the officials at the FMCSA believe the elimination is consistent with the goal of strengthening highway safety. If the ACC and the FMCSA are correct, the rule change may decrease the number of Missouri trucking accidents.

Continue reading " FMCSA Proposes Eliminating Brake Safety Requirement after Lobbyist Petition " »

Four people from French Village, Missouri were injured in a Sainte Genevieve County Missouri trucking accident on July 1, 2011 at 3:21 pm. The French Village residents were driving on southbound I-55 when a faulty tractor trailer tire crossed the highway median and slammed into the 2000 Pontiac Grand Prix in which they rode. The wheel and tire came off a 2003 Kenworth T-300 driven by Coby A. Vogt from Trenton, Illinois. The Grand Prix drove off the road into the median after being hit by the tire and wheel.

The truck driver was not injured in the Missouri truck accident. Hailey N. Pogue, 4, Breana L. Finley, 11, and Stacey D. Parmer, 29, were seriously injured. Pogue and Finley were taken by Ste. Genevieve County ambulance to Jefferson Regional Medical Center. Parmer was flown to Barnes Hospital. Christopher L. Parmer, 35, sustained minor injuries. He was taken to Jefferson Regional Medical Center by private conveyance.

Improperly maintained tractor trailers pose a serious threat to public safety and increase the risk of Missouri truck accidents. The Federal Motor Carrier Safety Administration (FMCSA) requires that truck drivers regularly inspect their tractor trailers. Truck driver inspections are legal requirement designed to prevent serious injuries like those that occurred in the Sainte Genevieve County Missouri truck accident.

Truck drivers nationwide are required to prepare a daily post-trip inspection report. At the end of each day, truck drivers must inspect the tires, the wheels, the brakes, the lighting devices, the mirrors, the windshield wipers, and many other components. The truck driver is required to not the condition of each component, and whether the condition would affect the safety of driving. Drivers are required to keep a copy of the inspection report for at least three months.

Failing to properly inspect a commercial motor vehicle like a tractor trailer is a violation of federal law. If a truck driver does not properly inspect his tractor trailer and a malfunction causes an accident, the truck driver could be held liable for resulting accident injuries. The truck driver’s employer may also be held liable.

Continue reading " Faulty Truck Wheel Causes Sainte Genevieve County Missouri Accident " »