Missouri Truck Accident Lawyer Blog

A Clay County Missouri trucking accident resulted in moderate injuries for a Kansas City, Missouri woman on August 29, 2011 at 11:20am. The Clay County Missouri truck accident occurred on westbound Highway 210.

Truck driver Robert D. Futcliffe, 42, of Freeman, Missouri failed to stop at a stop sign. Futcliffe drove a 2007 Kenworth into the path of a 1992 Ford F150 Pickup driven by Samantha J. Rojas, 28, of Kanas City, Missouri. The tractor trailer and the pickup truck collided. Both vehicle sustained moderate damage in the Clay County Missouri trucking accident.

Rojas suffered moderate injuries in the accident. She was transported to North Kansas City Hospital by EMS. The truck driver did not suffer any physical injuries in the accident. According to the Missouri State Highway Patrol, charges are pending.

Distracted driving is a growing cause of serious Missouri truck accidents. The dramatic increase in handheld mobile device use has led to an increase in accidents caused by distracted drivers. Drivers become distracted when they talk on a cellphone, change the input on a GPS device, eat a meal, or switch songs on an mp3 player.

Whenever drivers direct their attention to these distractions, they become more likely to cause a serious Missouri distracted driving accident. Scientific research shows that distracted driving slows response time more dramatically than drunk driving. Response time is the length of time needed to respond to a stimulus in the surrounding environment. Response time is important while driving because the environment changes rapidly – other vehicles may change lanes, cyclists may suddenly ride across the road, etc. Quick response times are vital for avoiding distracted driving accidents – yet distracted drivers routinely sacrifice this critical aspect of safe driving.

Missouri distracted drivers cause accidents because they fail to notice their surroundings. Distracted drivers may fail to notice traffic control devices while looking at the screen of their mobile device. These drivers will run stop signs and red lights without even noticing. Distracted drivers may fail to check their blind spot before initiating a lane change. These drivers will ignorantly cause side impact accidents.

Missouri distracted truck driving is even more dangerous that typical distracted driving. Tractor trailers, semi-trucks, and 18-wheelers cause significantly more damage in a collision. Federal motor carrier laws now prohibit truck drivers from texting while driving, but some distracted truck drivers ignore this regulation.

Continue reading " Kansas City Woman Injured when Tractor Trailer Runs Stop Sign " »

Enforcing motor carrier safety regulations decrease the risk of Missouri trucking accidents. When motor carriers such as trucking and passenger bus companies know that safety regulations will be enforced, they comply with safety regulations. Since safety regulations are designed to decrease the risk of a Missouri 18 wheeler accident, compliance strengthens highway safety.

The Federal Motor Carrier Safety Administration (FMCSA) – a federal agency that seeks to improve motor carrier safety on American roadways - announced recent changes to its Compliance, Safety, and Accountability (CSA) program. The CSA program aims to improve motor carrier safety by monitoring the safety performance of motor carriers to enforce existing safety regulations.

The FMCSA analyses the safety performance of motor carriers by monitoring seven categories: unsafe driving, fatigued driving, driver fitness, controlled substances/alcohol, vehicle maintenance, cargo-related, and crash indicator. The FMCSA sets an acceptable threshold for each category. If a motor carrier’s safety performance negatively passes the threshold, the FMCSA launches an intervention. The FMCSA intervention threshold is a useful tool for preventing Missouri 18 wheeler accidents.

Motor carriers that transport hazardous materials are subject to a stricter FMCSA intervention threshold than motor carriers that do not transport hazardous materials. Traffic accidents that involve large volumes of hazardous materials (e.g. toxic gases, flammable liquids, etc.) have an increased risk of serious injury and death. A stricter threshold for motor carriers that transport hazardous materials is a sensible federal motor carrier regulation.

The strict hazardous material threshold originally only applied to motor carriers that transported hazardous materials when they registered. If the motor carrier indicated that it transported any amount hazardous materials in its registration information, the stricter intervention threshold applied. However, some motor carriers that indicated hazardous material transport in their registration information were not actually transporting hazardous materials. These motor carriers were subject to a stricter intervention threshold, though they should not have been. Other motor carriers were transporting hazardous materials, but were not when they registered. Under the old system, these motor carriers should have been subject to a stricter intervention threshold but were not.

The FMCSA improved its hazardous material intervention threshold by changing how the threshold is applied. Motor carriers may now become subject to the stricter intervention threshold if it meets one of three criteria. First, if an inspection that occurred in the previous 24 months shows that the motor carrier transported hazardous materials, the motor carrier becomes subject to the stricter threshold. Second, if a review or safety audit from the previous 24 months shows that the motor carrier transported hazardous materials, the motor carrier becomes subject to the stricter threshold. Third, if the motor carrier has or obtains a hazardous material permit, the motor carrier becomes subject to a stricter threshold. With these improvements, the FMCSA hopes to continue decreasing the serious injury and death that result from Missouri trucking accidents.

Continue reading " FMCSA Improves Motor Carrier Regulations Concerning Hazardous Materials " »

Melva N. Turner and Eugene H. Turner of Joplin, Missouri were killed in a fatal Jasper County Missouri trucking accident on August 23, 2011 at 3:52pm. The Jasper County Missouri truck accident resulted in moderate injuries for a third man from Diamond, Missouri.

The accident occurred as Eugene Turner attempted to cross Highway 59 in a 2004 Buick LeSabre. As Turner crossed the highway, a 1999 Kenworth Straight Truck slammed into the side of Turner’s vehicle. The Kenworth truck then travelled off the roadway and overturned. Jasper County Coroner Rob Chappel pronounced Eugene and Melva Turner dead after responding to the scene. Truck driver James W. Body transported to McCune Brooks Hospital in Carthage, Missouri with moderate injuries.

Missouri side collision truck accidents may result in serious injuries or fatalities. When a massive tractor trailer crashes into the side of the passenger vehicle, the passenger vehicle occupants often suffer immensely. Semi-trucks are much larger than standard cars, pickup trucks, and SUVs. While all vehicles involved in a side collision truck accident absorb the shock of the impact, the forces of proportionally much stronger for small vehicles.

Fatalities and serious injuries may result from what occurs after the major impact of a Missouri side collision truck. The passenger vehicle and the tractor trailer may rollover after they collide. Either vehicle may be pushed into oncoming traffic. The forces of the impact may push a vehicle onto a sidewalk. The risk of serious injury or death during and after impact in a side collision truck accident is high.

Determining liability in a Missouri side collision truck accident may be difficult because numerous factors cause that type of Missouri truck accident. Factors that lead to side collision truck accidents are: driving at a speed higher than the posted speed limit, driving while distracted, driving while intoxicated, mechanical failure, and brake failure. A skilled Missouri truck accident lawyer will investigate the facts of an accident victim’s case to find evidence of negligence.

Continue reading " Two Joplin, Missouri Residents Killed in Jasper County Missouri Truck Accident " »

Three people were transported to a local hospital after a Callway County Missouri school bus accident on August 23, 2011. The early morning Missouri school bus accident occurred on U.S. Highway 63, at County Road 394.

The accident began as the school bus attempted to cross US-63 while driving along the county road. The 2006 International School Bus was driven by 63-year-old driver Dennis W. Lutz from Jefferson City, Missouri. The bus crossed the intersection into the path of a 1997 Jeep driven by Bryan J. Phillips of Russellville, Missouri.

Phillips and two of his occupants were injured by the Missouri school bus crash. Occupant John B. Bernskoetter of Jefferson City, Missouri suffered moderate injuries. Samuel J Luebbering, also from Jefferson City, sustained minor injuries. All three men were transported to St. Mary’s Hospital by ambulance. None of the men wore a safety device during the Missouri school bus accident.

The prospect of a Missouri or Illinois bus accident may terrify parents, but school buses are a safe transportation method for children. Each year, there are roughly 6,000 school bus injuries and 20 school bus fatalities. Those figures are far less than the 78,000 injuries and 400 fatalities sustained by teens while commuting to and from school. In general, school buses are the safest transportation method for children to use to get to school.

Despite their safety, Missouri bus accidents may occur. Many Missourians remember a devastating bus accident that resulted in nearly 50 injured people just last year. A truck driver and a Missouri high school student were injured in a multivehicle accident that involved a tractor trailer, a pickup truck, and two school buses. The school buses were heading to an amusement park and carried many students.

Bus accident settlement negotiations and lawsuits may be complex. Often, multiple parties are injured. The accident victims may be minors. If the bus driver is at fault for the accident, issues of who is financially responsible for the injuries may be hotly contested. For example, if the bus driver is directly employed by the public school district, there may be complicated municipal liability issues. If the bus driver works for a private company that contracted with the school, there may be complicated service contract issues. After a Missouri school bus accident, it is vital for accident victims and their loved ones to contact a Missouri school bus accident lawyer.

Continue reading " Three Injured in Missouri School Bus Accident in Callaway County Missouri " »

Two 16-year-olds from Columbia, Missouri were injured a Boone County Missouri dump truck accident on August 18, 2011 at 7:15. The Thursday morning accident resulted in injuries for an adult Missourian as well.

The accident began when 16-year-old Alexander R. Jones drove a 2003 Honda Pilot on Route K at Old Plank Road. A 2005 Freightliner dump truck crashed into the passenger side door of Jones’s vehicle as Jones attempted to make a left turn. The dump truck was driven by Delmer T. Nichols of Ashland, Missouri. Both vehicles travelled off Route K. According to local reports, the dump truck overturned and spilled its contents.

Columbia teen Catherine M. Rodriguez was moderately injured in the Boone County Missouri dump truck accident. Jones and Nichols sustained minor injuries. All of the injured parties went to University Hospital in Columbia, Missouri.

According to data from the National Highway Traffic Safety Administration, more than 3,000 people die in large truck accidents in a single year. Thousands of accident victims sustain serious physical injury and emotional distress as a result of a Missouri trucking accidents. Accident victims have the right to obtain compensation for their injuries, but negligent drivers and their insurance companies may attempt to interfere with that right.

Negligent drivers and their insurance companies will likely attempt to argue against an accident victim’s claim. If the negligent driver caused the accident by ignoring a stop sign, the insurance company may argue that the stop sign was not visible enough. If the accident victim claims that injuries were sustained in the accident, the insurance company may argue that the accident victim is not truly injured. If the accident victim does not immediately seek treatment because the injuries sustained have delayed symptoms, the insurance company will argue that the injuries were not caused by the accident.

Accident victims may seek compensation for injuries sustained in a Missouri truck accident through a lawsuit or through settlement negotiations. In either venue, accident victims should have an experienced Missouri truck accident lawyer to fight on their behalf. If you are injured in a Missouri truck accident, get skilled legal representation before discussing the accident with insurance companies or filing a lawsuit.

Continue reading " Columbia Teens Injured in Boone County Missouri Dump Truck Accident " »

A Wright County Missouri truck accident occurred when a tractor trailer rear ended a Buick on August 16, 2011 at 2:55am. The early morning Missouri rear end trucking accident on U.S. Highway 60 resulted in two injured people.

The accident occurred as both vehicles were traveling westbound on US-60. Truck driver Brett L. King of Parkville, Missouri crashed a 2012 Freightliner Tractor Trailer Unit into the back of a passenger vehicle. The passenger vehicle was a 1992 Buick Park Avenue driven by Adam D. Bolan of Nixa, Missouri.

Occupants in the passenger vehicle were injured in the accident. Samantha L. Rogers of Nixa, Missouri sustained injuries in the accident. Christopher L. Bolen of Ripley, Tennessee was also injured. St. John’s Ambulance took the injured parties to Cox South Hospital in Springfield, Missouri.

A Missouri trucking accident may injure multiple accident victims. As the plaintiffs in a Missouri truck accident lawsuit, the accident victims have flexibility in deciding how to pursue their compensation. Accident victims may sue the defendant trucking company individually, one case per accident victim. Some accident victims enjoy having individual attention paid to their experiences.

The Missouri Rules of Civil Procedure (MRCP) allow multiple accident victims to join together in suing from compensation. The act of joining together to sue a defendant is governed by MRCP Rule 52.05 – “permissive joinder.” This type of joinder is permissive because the courts do not require the accident victims to sue together. Rather, the accident victims have the power to choose how they file suit.

Rule 52.05 states that accident victims are permitted to join in a single lawsuit if their right to obtain compensation is “arising out of the same transaction, occurrence or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action.” When multiple accident victims are injured in the same accident, their injuries arise out of the same transaction or occurrence. If accident victims are injured in entirely different accident, they cannot join together under rule 52.05. Common questions of law or fact under Rule 52.05 include questions such as: whether the truck driver negligent; whether the truck manufacturer negligently designed a part; or whether the trucking company improperly encourage truck drivers to violate federal trucking regulations. If accident victims choose to join under Rule 52.05, the courts may decide these questions quickly and efficiently in one case.

Continue reading " Tractor Trailer Rear Ends Car in Wright County Missouri, Injures Two " »

A 5-year-old from Warrensburg, Missouri was injured in a Benton County Missouri trucking accident on Monday evening. The Benton County Missouri truck accident resulted in injuries for two adults as well.

The Missouri multivehicle truck accident occurred on August 15, 2011 at 7:20pm as two tractor trailers drove on US-65 near Cedar Gate Drive. One Peterbilt tractor trailer attempted to overtake another that was slowing on the roadway. The two tractor trailers collided in a Missouri rear end truck accident. The forces of the impact pushed a tractor trailer across the centerline of US-65 and that tractor trailer crashed into a passenger vehicle

The tractor trailer crashed into a 2004 Chevrolet by Dale T. Crabtree from Lincoln, Missouri. The Chevy went off the right side of the road and crashed into a culvert. The Chevy hit a road sign and then overturned.

There were no reported injuries for the tractor trailer drivers. Dale Crabtree, the driver of the Chevrolet, was seriously injured in the accident. He went to the Staff for Life University Hospital for treatment. Terri J. Crabtree sustained serious injuries. 5-year-old Maycie D. Streb suffered injuries as well. Terri Crabtree and Steb went to the Bothwell Hospital.

In 2010, more than 500,000 large commercial vehicles were involved in traffic accidents. These accidents resulted in serious injuries for more than 100,000 people. Thousands of Americans lost their lives because of trucking accidents. In an effort to decrease the devastation caused by Missouri truck accidents, the federal government enacted a number of safety regulations for the commercial trucking industry.

The federal government enacts and enforces federal motor carrier regulations, the safety laws that apply to the trucking industry. The different categories of motor carrier regulations are designed to combat the causes of trucking accidents. For example, Hours of Service (HOS) regulations govern how long a truck driver may operate a commercial motor vehicle to combat the trend of drowsy driving accidents. The prohibition on texting while driving a commercial truck is designed to combat distracted driving accidents.

An experienced plaintiff’s attorney understands that federal motor carrier regulations play an important role in a Missouri truck accident lawsuit. If the truck driver was violating a motor carrier regulation when a Missouri truck accident occurred, the violation may be evidence of truck driver negligence.

Continue reading " 5-year-old Injured in Double Benton County Missouri Trucking Accident " »

A Nebraska truck driver caused a St. Charles Missouri truck accident when he slammed into a car while changing lanes. Truck driver Rand S. Peterson of Niobrara, Nebraska drove a 1997 International Tractor Trailer southbound on highway 61 early Friday morning. The St. Charles Missouri trucking accident occurred when Peterson attempted to change lanes and crashed into the rear of a 1999 Ford Contour driven by David C. Spaulding of Moscow Mills, Missouri. After impact, Spaulding’s car spun out and off the roadway. The car came to rest in a ditch. Spaulding was transported to St. Joseph West Hospital in Lake St. Louis by St. Charles County Ambulance. His car was totaled, while the tractor trailer only sustained minor damage.

Tractor trailers become particularly dangerous to other drivers while changing lanes. Truck drivers must pay attention while changing lanes because the size and height of their tractor trailers reduce visibility. Negligent truck drivers may attempt to change lanes without exercising due care to make sure no other vehicle is in their blind spot. When a tractor trailer changes lanes, the potential for a St. Charles Missouri truck accident is high.

When truck drivers fail to monitor their surroundings before changing lanes, they may easily miss the presence of another vehicle. Tractor trailers provide lesser visibility for their drivers because they have large blind spots. The Federal Motor Carrier Safety Administration (FMCSA) refers to tractor trailer blind spots as “No-Zones” to discourage motorists from driving within them.

According to the FMCSA, cars driving in a No-Zone virtually disappear from the perspective of a truck driver. Most motorists are aware that tractor trailers and other vehicles have blind spots on the side. Driving in the side blind spot of any vehicle increases the likelihood of a Missouri side impact car accident. However, the FMCSA designates the area in front of and behind a tractor trailer as a No-Zone as well. If a tractor trailer appears to be changing lanes behind or in front of your vehicle, putting ample distance between the tractor trailer and your vehicle is advised to avoid a Missouri rear end truck accident.

Continue reading " Tractor Trailer’s Unsafe Lane Change Causes St. Charles Truck Accident " »

A three-vehicle Lafayette County Missouri truck accident left the truck driver unscathed, but resulted in injuries for two local Missourians. Aron B. Crouse of Lamar, Missouri suffered serious injuries in the accident. Crouse was transported by Life Flight to Research Hospital. Julia A. Mintner of Higginsville, Missouri was transported to Lafayette Regional for medical treatment.

The Lafayette County Missouri trucking accident occurred as the vehicles crested a hill on MO-13 around 11:30am on August 11, 2011. Crouse’s 1998 Honda Civic collided with a 2003 Kenworth driven by Missouri truck driver Joshua J. Heimer. Specifically, the passenger of Crouse’s Honda crashed into the rear of the Kenworth. The Missouri side collision truck accident continued as Crouse’s Honda rotated clockwise after impact. The Honda slammed into the driver’s side of a 2006 Saturn View driven by Mintner. Mintner was ejected from her vehicle, though she wore a seatbelt during the accident.

Missouri side collision truck accidents may be particularly dangerous because of what can occur after impact. Strong forces from a side impact truck accident may force a smaller vehicle off the roadway. Passenger vehicles may rollover after being hit on the side by a tractor trailer. Sometimes, passengers are even ejected from their vehicle. The intensity of a side collision truck accident may intense.

Factors that may increase the intensity of a Missouri side collision truck accident include: the velocity of the vehicles involve, the difference in mass between the two vehicles, and the safety features of either vehicle. Velocity affects the strength of the collision. If the tractor trailer was travelling at a high speed before impact, the force on the passenger vehicle will be greater. Disparity in size matters. If the passenger vehicle is much smaller than the tractor trailer, the vehicle may sustain greater damage. Safety features are a relevant factor. The occupants of a passenger vehicle equipped with side airbags and seatbelts may suffer lesser injuries than occupants of vehicles without those safety features.

Intense Missouri side collision truck accidents may lead to serious injury or even death. Missouri tort law gives accident victims the legal ability to sue the parties that may have caused the accident. Negligent truck drivers may be a defendant. Trucking companies, trucking maintenance facilities, and vehicle part manufacturers may be responsible for the accident. Trucking accidents are complex physically and legally. Truck accident victims should have legal representation with experience litigating personal injury lawsuits involving the trucking industry.

Continue reading " Investigation Pending for Lafayette County Missouri Truck Accident " »

Two firefighters were injured in a Saint Francois Missouri truck accident near Doe Run, Missouri. The Saint Francois Missouri trucking accident occurred when a fire tanker raced to a house that was on fire. Firefighter and driver William Nokes rushed down Highway B near Crocker Court, but was driving too fast for a curve in the road. The tanker drove off the roadway and overturned. The damage to the tanker was severe; the tanker was totaled.

Nokes received medical treatment for his minor injuries from the Missouri trucking accident. Occupant and fellow firefighter Haylie Hagermann suffered greater injuries. She was airlifted to Barnes-Jewish Hospital with moderate injuries.

According to local reports, there are more than 170 fire truck crashes in Missouri in a single year. In 2009, five people died in Missouri fire truck accidents and 42 more were injured. Like other commercial motor vehicles, fire trucks are massive. The disparity in size between a fire truck and a typical passenger car puts the passenger car at a great disadvantage. A collision may result in more damage to the smaller vehicle and greater injuries for the smaller vehicle’s occupants.

Fire truck accidents are further complicated by the legal concept of “sovereign immunity.” Sovereign immunity means that the government and its agencies are immune from lawsuits, unless the government explicitly allowed itself to be sued in a statute. Sovereign immunity is “in full force and effect” according to Missouri statute §537.600.

Missouri has created an exception to sovereign immunity for personal injury lawsuits after a Missouri trucking accident is caused by a public employee. Specifically, Missouri statute §537.600 states that sovereign immunity is waived for “[i]njuries directly resulting from the negligent acts or omissions by public employees arising out of the operation of motor vehicles or motorized vehicles within the course of their employment.” Accordingly, if a public employee injures someone in a Missouri trucking accident, the government can be sued for compensation. The Missouri state legislature enacted this statute to protect ordinary citizens from negligent public employees. The waiver of sovereign immunity deters Missouri fire truck accidents and prevents injuries.

Continue reading " Injuries directly resulting from the negligent acts or omissions by public employees arising out of the operation of motor vehicles or motorized vehicles within the course of their employment; " »

Maria R. Damron and Herbert C. Damron of Linn Creek, Missouri were injured in a Missouri rear end truck accident on August 4, 2011 at 10:40am. The Missouri truck accident occurred on US-54 at Route V.

Driver Herbert Damron slowed his 2010 Lexus to make a left turn off the roadway. As the car slowed, it was struck in the rear by a 2004 Freightliner. The Freightliner was driven by Travis E. Pitcock of Richland, Missouri.

The truck driver was not injured in the Missouri truck accident. The Damrons suffered moderate injuries and their vehicle sustained extensive damage. The accident victims were transported to Lake Regional Hospital in Osage Beach, Missouri by EMS.

Missouri rear end truck accidents may result in serious injuries if the vehicles were travelling at a high rate of speed. The causes of these truck accidents may vary. The truck driver may have rear ended the vehicle because of fatigue caused by driving more than the legally allowed number of hours. Missouri rear end truck accidents may occur when the truck driver does not follow another vehicle at a large enough distance to avoid an accident.

The defendant trucking company may attempt to convince the truck accident victim to accept a low settlement and to relinquish the legal right to sue. Truck accident victims need an experienced Missouri truck accident attorney who knows how to fight for the victim’s full compensation. Truck accident lawyers help truck accident victims obtain settlements if the accident wants to avoid the time and expense of a court case.

Continue reading " Camden County Missouri Residents Injured in Missouri Rear End Truck Accident " »

A Warrenton, Missouri truck driver died in a Missouri truck accident. The accident was caused by an unreported medical emergency. The truck driver’s medical emergency happened while he was operating his commercial motor vehicle.

The Missouri truck accident occurred out of state on I-94. The truck driver – Keith Earl Richardson of Warrenton, Missouri – veered off the interstate highway in Michigan. The accident occurred in a construction zone. The Michigan State Police went to the scene of the accident. The police found the 56-year-old truck driver unconscious. Richardson was taken to Chelsea Hospital, then St. Joseph Mercy Health System. He passed away at St. Joseph. Other vehicles managed to avoid colliding with the truck as it careened on the roadway.

Truck drivers are ultimately everyday people. Like others, truck drivers may suffer from medical conditions that interfere with their ability to work well. However, disruptive medical conditions have a greater ability to endanger the public when they affect truck drivers than when they affect others. A sudden medical emergency may cause the truck driver to swerve dangerously on the roadway. When a truck driver suffers from an acute medical condition, it can harm the health of others by causing a Missouri truck accident.

A particularly dangerous medical condition for truck drivers is sleep apnea. Sleep apnea is a medical condition characterized by the narrowing of the upper airway during sleep. Sleep apnea causes the sufferer to wake up repeatedly during the night. Oftentimes, the sufferer does not fully realize that his or her sleep is being disrupted. Sleep apnea is particularly dangerous for truck drivers, since excessive daytime drowsiness is a key symptom. When truck drivers suffer from excessive drowsiness while operating a commercial motor vehicle, everyone on the roadway is endangered. The dangers of sleep apnea highlight the role that truck driver health plays in Missouri trucking accidents.

Continue reading " Missouri Truck Driver’s Medical Emergency Causes Missouri Truck Accident " »