Missouri Truck Accident Lawyer Blog

Six Missourians were injured when a large truck ran them off the roadway on October 31, 2011 at 2:00pm. The Carroll County Missouri truck accident occurred on U.S. Highway 65 at Route M.

The Carroll County Missouri truck accident began as Iowa truck driver James W. Tucker drove a 2005 Freightliner on northbound US-65. Tucker overtook a 1998 Dodge driven by Jason M. Hartwig of Hale, Missouri. The Freightliner crashed into the driver’s side of the Dodge. The Dodge was totaled in the Missouri truck accident.

Two adults and four children were injured in the accident: Jason M. Hartwig, 34, Dottie E. Boatman, 29, Gavin R. Boatman, 5, Ruger Perkins, 4, Colby M. Hartwig, 1, and an infant named Kinley Brown suffered moderate to minor injuries. All of the injured occupants were taken to Carroll County Memorial Hospital by Carroll County EMS.

Unsafe truck driving endangers the public. There are more than 3,000 large trucks involved in fatal car accidents each year. Even more large trucks cause accidents that result in serious physical injury and property damage. Confronted with the damage caused by Missouri truck accidents, the federal government established an agency that focused on improving motor carrier safety.

The Federal Motor Carrier Safety Administration (FMCSA) is the segment of the United States Department of Transportation. The FMCSA promulgates the rules and regulations that govern the trucking industry to preserve the safety of America’s public roadways. A number of FMCSA specifically apply to truck drivers. The FMCSA requires that truck drivers regularly inspect their commercial motor vehicles to prevent truck accidents caused by defective parts. Truck drivers may only drive a certain number of consecutive hours to prevent drowsy driving accidents. The FMCSA’s regulations are carefully crafted to preserve the public safety.

If truck driver causes a Missouri truck accident by violating a FMCSA safety regulation, the truck accident victim may use the violation to show that the truck driver negligently cause the accident. FMCSA regulation violations may be used to show negligence if the regulation was designed to prevent the type of harm that the truck accident victim suffered. Truck accident victims should obtain the services of an experienced Missouri truck accident attorney. Experienced truck accident attorneys have to knowledge to advise truck accident victims about the effect of FMCSA regulations on their case.

Bruce D. Cummings was injured in a St. Louis Missouri truck accident on October 27, 2011 at 3:23pm. The St. Louis County Missouri truck accident occurred as Cummings drove a 2009 Mercury Mountainer on the southbound side of I-270. The Thursday afternoon highway traffic stopped ahead. Cummings adjusted to the traffic, but the large truck following him did not. A 2009 Freightliner MT45 slammed into the rear of the Mercury. Cummings suffered the only reported injuries in the St. Louis rear end truck accident. The 59 year old was taken to St. Anthony’s Medical Center by the Mehlville Fire Protection District.

A Missouri rear end truck accident occurs when a large truck collides into the rear of passenger vehicle, like a car or SUV. Passenger vehicles are substantially smaller than large trucks such as tractor trailers and 18 wheelers. As a result, most of the people injured in a Missouri rear end truck accident are occupants of the passenger vehicle. Often, the truck driver remains unscathed after the accident.

Passenger vehicles are disadvantaged after a Missouri rear end truck accident as well. The large truck that causes the accident is typically a commercial motor vehicle, owned and operated by a corporation. The trucking corporation will likely have an insurance company with a strong financial interest in paying truck accident victims the least amount of compensation possible. The trucking corporation, the trucking insurer, and their attorneys will encourage the truck accident victim to settle for less than deserved and will fight any lawsuit filed against them.

To correct the imbalance of power between truck accident victims, truck accident victims should have an experienced Missouri truck accident attorney who has a record of obtaining compensation for their clients. An experienced truck accident attorney will understand the strength of the accident victim’s case. The truck accident attorney will be able to advise the truck accident victim about whether to accept a settlement or whether to file a lawsuit.

The Federal Motor Carrier Safety Administration (FMCSA) has launched a pilot program to facilitate long-haul trucking across the border of the United States and Mexico. The program is designed to determine whether Mexican motor carriers may operate beyond the areas along the United States and Mexico border. The program will also investigate whether motor carriers from the United States may safely operate in Mexico. The pilot program will last for up to three years in both nations. The program’s potential impact on Missouri truck accidents is unknown.

The FMCSA is implementing the program under the guidelines of the North American Free Trade Agreement (NAFTA). Two motor carriers based in Mexico are participating in the program so far: Grupo Behr de Baja California and Transportes Olympic. Transportes Olympic has already been approved for one motor carrier vehicle and two drivers to participate. Grupo Behr de Baja California’s approval is still pending. One factor that may affect whether the company will be approved is its safety record and the likelihood that the company may be involved in a Missouri truck accident.

If an accident victim is injured by a motor carrier that is domiciled in another country, recovering compensation may be difficult. A local state court may lack personal jurisdiction over a foreign company. Personal jurisdiction is the ability of a court to make binding decisions over a defendant. If a state court has personal jurisdiction over a defendant, that state court can decide that defendant’s case. If the state court lacks personal jurisdiction, the case against the defendant must be dismissed. The easiest way for a state court to have personal jurisdiction over a defendant is residency. For example, a Missouri state court may decide a lawsuit against a Missouri resident. The Missouri resident has given the State of Missouri authority to decide by becoming a resident in the state.

Personal jurisdiction is limited by the Constitution of the United States and state laws. Constitutional limitations on personal jurisdiction were described in a Supreme Court case called International Shoe Co. v. Washington. The Supreme Court specifically ruled on the ability of a state court to have personal jurisdiction over non-resident defendant company. State courts have personal jurisdiction over non-resident defendants if that defendant makes sufficient minimum contacts with the state. If the defendant made systematic and continuous contact with the state or made contact with the state that led to the lawsuit, the state court may have constitutionally approved personal jurisdiction over the non-resident defendant.

Personal jurisdiction is limited by state statutes as well. The state laws that govern personal jurisdiction are called “long-arm statues.” Long-arm statutes may not grant states more authority than the constitutional doctrine of minimum contacts. However, states may create long-arm statutes that are more restrictive. Truck accident victims should consult a Missouri truck accident lawyer before filing a lawsuit to understand how personal jurisdiction doctrines will affect their claim.

A truck driver from Craig, Missouri was injured in a Missouri truck accident on September 23, 2011. The Holt County Missouri truck accident highlights the important role that commercial motor vehicle maintenance plays in preventing injurious accidents.

William H. Stone, 42, of Craig, Missouri was driving northbound on U.S. Highway 59 in a 2003 Peterbilt Concrete Mixer. The Missouri truck accident occurred when the left front tire of concrete truck blew out. Stone lost control of the concrete truck, crossed the centerline, and drove off the side of the roadway. The truck crashed into an embankment, then a fence. The truck caught fire as it traveled into a nearby corn field. The accident concluded as the truck came to rest on the passenger side.

Stone was moderately injured in the accident. He was transported to Heartland Regional Medical Center in St. Joseph by Atchison-Holt ambulance. Stone had to be assisted by the Missouri State Highway Patrol, Holt County Sheriff’s Department, Craig Fire Department, and Fairfax Fire Department.

Trucking companies must properly maintain their vehicles in order to prevent Missouri trucking accidents. Commercial motor vehicles must be regularly inspected and serviced to function properly. Negligently maintained commercial motor vehicles may malfunction in a way that causes a serious traffic accident.

Tires are vital for commercial motor vehicle safety. The tires of large commercial vehicles like tractor trailers and concrete mixers carry tremendous weight. Tires with that level of burden must be maintained and replaced appropriately. If trucking companies fail to take tire maintenance seriously, a tire blowout may cause a serious accident. Not only are tire blowout accidents potentially devastating, they are preventable. Trucking companies must maintain their fleet.

Continue reading " Tire Blowout Causes Fiery Holt County Missouri Truck Accident " »

Roy D. Payne from La Plata, Missouri was injured in a Missouri jackknife truck accident on October 19, 2011. The Missouri jackknife trucking accident occurred as Payne drove a 2002 Chevrolet on U.S. Highway 63 near La Plata. A truck driver from Eldon followed Payne’s vehicle too closely while operating a 2011 International Tractor Trailer. The two vehicles collided, causing the tractor trailer to jackknife.

The Missouri jackknife truck accident only resulted in injuries for Payne. Payne was transported by Adair County Ambulance to Northeast Regional Medical Center. Payne’s Chevrolet was totaled in the accident.

“Jackknife” truck accident occurs when tractor trailers fold in an angle like a pocket knife, or jackknife, in an accident. Jackknife truck accidents carry a significant risk of serious injury or death. The jackknifed trailers create multiple points for potential collisions. For example, the trailer of the truck may block the roadway and increase the risk of a front impact collision.

Missouri jackknife accidents may cause serious injury to truck accident victims. Jackknife truck accident victims may suffer severe spinal cord injuries in the collision. Impacts on the head may result in traumatic brain injury as well. As with every type of Missouri truck accident, a fatal injury may result.

Any serious injury carries a risk of fatality for a truck accident victim. Truck accident victims should always accept medical attention after a tractor trailer crash. Even if the injuries sustained seem minor – mere scrapes, cuts, and bruises – truck accident victims should accept medical treatment. Some serious injuries are not immediately apparent to an accident victim. Spinal cord injuries, for example, are notorious for lacking noticeable pain for a delayed amount of time. Trained medical personnel may understand how to search for signs of serious injuries with delayed symptoms. Catching and treating these injuries may help prevent fatalities in truck accident victims.

Continue reading " La Plata Missouri Man injured in Missouri Jackknife Truck Accident " »

Hulse H. Towry, an 84 year old resident of Fair Play, Missouri, died in a fatal Polk County Missouri trucking accident on October 17, 2011 at 11:50am. The Polk County truck accident began as Towry attempted to make a right turn onto Missouri Highway 32 near Fair Play, Missouri. As Towry entered the westbound lane of MO-32, a tractor trailer crashed into his vehicle. The tractor trailer was a 2004 Freightliner tractor trailer driven by Norman E. Counts of Sheldon, Missouri. The accident proved fatal for Towry. There were no reported injuries for any other parties.

Thousands of Americans lose their lives in tractor trailer accidents. According to statistics from the National Highway Traffic Safety Administration, more than 3,000 large trucks were involved in fatal traffic accidents in 2009. Missouri tractor trailer accidents are a serious threat to the safety of public roadways. The primary regulatory and enforcement arm of the federal government concerning the trucking industry is the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA is a segment of the United States Department of Transportation.

The FMCSA promulgates and enforces regulations on the trucking industry to preserve public safety. For example, the FMCSA enforces strict “hours of service” rules to prevent accidents caused by drowsy truck drivers. While most trucking companies are concerned with the safety of their drivers and the public at large, some negligent trucking companies pushed their truck drivers to drive excessive hours. Hours of service regulations limit the number of consecutive hours that truck drivers may operate large commercial vehicles like tractor trailers. Hours of service regulations prevent drowsy drivers from causing fatal Missouri truck accidents.

Christine Boone of Bucyrus, Missouri was pronounced dead after a Missouri truck accident that occurred on Fort Leonard Wood. According to reports, Boone was driving a 2005 Dodge Neon. The Neon was involved in a two-vehicle Missouri truck accident with a Heavy Expanded Mobility Tactical Truck in the afternoon.

Boone was pronounced dead at the scene of the accident by medical personnel from the General Leonard Wood Army Community Hospital. An occupant in Boone’s vehicle was sent to the University of Missouri Hospital in Columbia, Missouri. The occupant was transported to the University Hospital by St. John’s Life Line Medical Services. The Fort Leonard Wood Military Police indicated that the occupant was in critical condition. There were no reported injuries for the soldier who drove the Heavy Expanded Mobility Tactical Truck.

Missouri truck accidents are a potentially devastating event in someone’s life. Truck accident victims may suffer from a number of serious injuries – traumatic brain injury, spinal cord injury, and painful fractures. Truck accident victims may have to endure expensive hospital stays, multiple medical tests, and painful surgical operations. The physical and financial consequences of a Missouri truck accident may be immense for a truck accident victim.

The emotional consequences may be severe as well. Many truck accident victims report suffering from nightmares after the accident. Flashback memories may cause the truck accident victim to repeatedly relive painful memories from the accident. The emotional consequences may be compounded by “survivor’s guilt” – a mental condition by which someone who has survived a life-threatening event feels guilty because other victims did not survive.

Truck accident victims may feel devastated by the physical, financial, and emotional consequences of a Missouri truck accident. In this stressful stage, decisions about whether to file a lawsuit or accept a settlement offer from an insurance company may feel overwhelming. Truck accident victims and their families are advised to get an experienced Missouri truck accident lawyer involved in the process as early as possible. A knowledgeable Missouri truck accident attorney will understand how to obtain just compensation from negligent truck drivers or trucking companies.

Paul A. Barker, 94, was sent to Northeast Regional Medical Center after an Adair County Missouri truck accident. The Missouri truck accident occurred on October 12, 2011 at 10:50am. The Missouri truck accident began as Barker turned a 1999 Ford onto Missouri Highway 6, just two mile east of Kirksville, Missouri. As Barker turned, a 1993 Peterbilt tractor trailer crashed into the passenger side of Barker’s vehicle.

Barker suffered moderate injuries as a result of the Missouri side impact truck accident, even though he wore a seat belt during the accident. There were no reported injuries for 64 year old truck driver John M. Smith of Kirksville, Missouri.

Missouri broadside trucking accidents occur when a large commercial motor vehicle such as a tractor trailer or semi-truck crashes into a passenger vehicle. Missouri broadside truck accidents often have devastating consequences for the occupants of passenger vehicles. Side impact truck accidents account for more than 15% of fatalities resulting from multi-vehicle large truck accidents in the United States, according to the National Highway Traffic Safety Administration.

Passenger vehicles – such as cars, SUVs, minivans – are ill equipped to handle side impact collisions with tractor trailers. Side curtain airbags provide some protection for passenger vehicles occupants. However, the side curtain airbags may not be able to absorb the tremendous forces caused by an impact with a large tractor trailer. Moreover, side curtain airbags are not standard safety features for all passenger vehicles. Older passenger vehicles may not have side curtain airbags as an option.

Whether a Missouri side impact trucking accident kills or seriously injures an accident victim may be related to the initial point of impact and the seating arrangement of the occupants in the passenger vehicle. For example, if the initial point of impact is the passenger side of the vehicle and a passenger vehicle occupant is adjacent to the collision, the accident is likely to result in a fatality. If the initial point of impact is the passenger side and the passenger vehicle is only occupied by a driver, a fatality may be less likely. However, that driver may still suffer physical injuries from the impact, as evidenced by the above accident.

Continue reading " Adair County Truck Crash Sends Kirkville Man to Hospital " »

The Federal Motor Carrier Safety Administration (FMCSA) enacts and enforces federal trucking and motor carrier regulations. FMCSA regulations improve the safety of the nation’s public highways and decrease the risk of deadly Missouri truck accidents. FMCSA regulations prevent Missouri tractor trailer accidents by working to ensure that trucking companies operate safely.

Hazardous Materials (hazmat) regulations are vital for protecting the public from dangerous Missouri truck accidents. The FMCSA hazmat regulations govern how motor carriers transport materials that are dangerous to people, animals, and the broader environment. These materials may be toxic, biohazardous, or even explosive. If a trucking company violates FMCSA hazmat regulations and one of its trucks is involved in a Missouri tractor trailer accident, the consequences could be dire.

To protect the public for hazmat trucking accidents, the FMCSA has ramped up enforcement of hazmat regulations. Hazmat regulation enforcement includes punishing safety violations with steep fines to hold trucking companies accountable for their unsafe actions.

On October 7, 2011, the FMCSA announced that it fined one company almost $4 million for hazmat safety regulation violations. American Welding & Tank, LLC, a company based in Fremont, Ohio, was fined $3,876,000 for hazmat regulation violations. The FMCSA determined that the company was manufacturing and selling unsafe “nurse tanks.” Nurse tanks are designed to transport anhydrous ammonia, which qualifies as a hazardous material.

Anhydrous ammonia is a colorless gas that is comprised of nitrogen and hydrogen. The gas is flammable. In fact, the gas reacts violently when it comes in contact with a long list of substances. The gas is both toxic and dangerous for the environment.

If unsafe nurse tanks carrying anhydrous ammonia are punctured in a Missouri truck accident, a truck accident victim could suffer serious adverse reactions beyond typical accident injuries. Anhydrous ammonia may harm the eyes, the respiratory tract, and the digestive tract. The gas has explosive characteristics as well. The FMCSA has a legitimate interest in regulating the transport of anhydrous ammonia and other hazardous materials to protect potential truck accident victims.

Continue reading " Hazardous Materials Violation Results in Multimillion Dollar Fine " »

An 18 year old from Florissant, Missouri was killed in a Saint Charles County Missouri trucking accident. The fatal St. Charles County Missouri truck accident occurred on October 5, 2011 at 6:10pm.

The St. Charles County truck accident occurred as 18 year old Hamza J. Hamdan of Florissant travelled along U.S. Highway 67 behind a Freightliner tractor trailer. The tractor trailer, driven by Dale W. Mennemeier of West Alton, unexpectedly slowed. Hamdan’s 1996 Cadillac ETC crashed into the rear of the Freightliner.

Hamdan was transported to Alton Memorial Hospital after the accident in the Arch Helicopter. The teenager was later pronounced dead by Dr. Shiv Patil. The accident victim’s next of kin has been notified.

According to the National Highway Traffic Safety Administration (NHTSA), thousands of large trucks are involved in fatal traffic accidents each year. The substantial size of a tractor trailer acts as a multiplier for the force of the collision. Large commercial motor vehicles cause significantly stronger forces during a collision than a passenger vehicle or SUV. As a result, accident victims may be more likely to suffer a fatality in a Missouri truck accident than in a typical car accident.

Truck drivers and their insurance companies will attempt to defend any lawsuit that results from a Missouri truck accident, even when the truck accident kills the accident victim. Under Missouri statute §537.085, a wrongful death lawsuit defendant may bring the defenses that the defendant would have been entitled to “had death not ensued.” Missouri statute §537.085 essentially enables wrongful death defendants to use any defense available.

Missouri statute §537.085 does not limit the defenses available to wrongful death defendants. Truck accident wrongful death plaintiffs should consult practiced Missouri wrongful death attorneys to strategize how to overcome the opposing side’s defenses. Experienced plaintiff’s attorneys will be able to anticipate the common defenses that truck accident defendants make based on the facts. By reviewing the police report, the crash report from the Missouri State Highway Patrol, and the accident reconstruction report, an experienced Missouri truck accident attorney may understand how to combat the defenses raised by the defendant.

Continue reading " Florissant Teen Killed in St. Charles County Trucking Accident " »

Shana M. Peterson from Stoutland, Missouri was injured in a Laclede County Missouri truck accident this week. The Laclede County truck accident occurred on Route T at I-44.

Peterson drove a 2001 Pontiac Sunfire on Route T near I-44. A large 2005 Kenworth tractor trailer attempted a left turn onto Route T. The tractor trailer, driven by Donald E. Wilkinson of Mount Vernon, crashed into the Pontiac. Peterson suffered the only reported injuries in the accident. She was transported to St. John’s Hospital in Lebanon, Missouri for medical treatment.

Left hand turns are an accident prone maneuver. According to statistics from the National Highway Traffic Safety Administration, 6.1% of vehicles involved in fatal crashes were turning left. For comparison, only 0.8% of vehicles involved in fatal crashes were turning right.

Tractor trailers that attempt a left-hand turn are particularly dangerous to other vehicles. Tractor trailers make wider turns than passenger vehicles. The wide turning radius of tractor trailers causes them to cross into multiple lanes while turning. Truck drivers sit much higher than passenger vehicle drivers. As a result, a truck driver making a left turn may not be able to see all the nearby vehicles. Missouri left-hand turn truck accidents are a possibility whenever a tractor trailer attempts a left turn near other vehicles.

Truck drivers should attempt left turns prudently, in full awareness of the vehicles nearby. Truck drivers who rush into a left turn during a yellow light or turn left without monitoring nearby vehicles are putting the public at risk. If truck drivers cause a Missouri truck accident by negligently attempting a left turn, they should be held accountable.

Truck accident victims are empowered to obtain compensation from the truck drivers and truck companies that caused their injuries. Missouri truck accident lawsuits are often more complex than car accident lawsuits. Truck accident victims should contact experienced Missouri truck accident attorneys who understand how federal regulations and state tort laws affect their case.

54 year old Kansas City tow truck driver Floyd R. Helton caused a Kanas City Missouri tow truck accident while intoxicated. According to reports, Helton ran a stop sign at Ninth and Wyandotte streets late Saturday afternoon. Helton crashed into an SUV after running the stop sign. The Kansas City tow truck accident resulted in hip and pelvis pain for the SUV driver. Law enforcement authorities found beer and an empty beer bottle in the tow truck after the Kansas City Missouri tow truck accident.

Prosecutors are charging Helton with second-degree assault and driving with a revoked driver’s license. Reports do not indicate whether Helton will be charged with driving while intoxicated.

Missouri statute §304.154 regulates tow truck company operation in Missouri. Missouri law imposes six minimum standards for towing companies. Trucking companies must 1) have a business address; 2) have secured storage for motor vehicles; 3) be available 24/7; 4) maintain accident insurance; 5) provide worker’s compensation insurance; and 6) maintain registrations for towing trucks.

Missouri counties may create stricter standards for towing truck companies. For example, St. Louis County heightens the regulations for towing truck companies. St. Louis County requires that detailed tow truck licenses include information helpful to accident victims who may want to sue the tow truck company. Corporate tow truck owners must list their state of incorporation and the address of their principal place of business. Accident victims may need that information to sue the defendant towing company in the proper jurisdiction.

State representatives have attempted to raise the statewide minimum standards for towing companies. House Bill 629 (HB629) was introduced to the Missouri House of Representatives. If passed, HB629 would require higher minimum coverage for insurance and stricter licensing. However, the proposed legislation was opposed by tow truck lobbyists. In fact, the Missouri Tow Truck Association specifically opposed the higher standards and used membership dues to pay the lobbying fees. HB629 was not signed into law.

Continue reading " Kansas City Drunk Driving Tow Truck Accident Leads to Charges " »

Ruth A. Cunningham of Columbia, Missouri was injured in a Boone County Missouri tractor trailer accident on U.S. Highway 63 at Calvert Hill Road. The Boone County Missouri truck accident occurred on September 27, 2011 at 3:10pm.

Cunningham was an occupant in a 1998 Buck driven by Mark H. Ballenger of Columbia, Missouri. A 2009 Freightliner tractor trailer travelled near the Buick. The towed trailer of the massive crashed into the Buck as the Freightliner turned onto northbound US-63 from the median crossover.

Cunningham was the only reported injured party. She was transported by ambulance to Boone Hospital for medical treatment. There were no reported injuries for truck driver Dwain K. McKenzie of Mount Vernon, New York.

Truck accident victims deserve compensation for the injuries they suffered as a result of a Missouri trucking accident. Truck accident victims may incur great expenses for medical treatment related to their injuries. Medical treatment may also cause the truck accident victim to lose wages, since treatment may take a while. Even truck accident victims without serious injuries may incur a financial loss as a result of a Missouri tractor trailer accident. Medical personnel may want to keep a truck accident victim overnight for observation, resulting in steep medical fees. Truck accident victims should not have to bear the cost of a truck driver’s negligence.

Truck drivers and trucking companies negligently cause truck accidents in multiple ways. Some of the most common types of trucking negligence involve defective trucking equipment and load size. Tractor trailers are massive vehicles designed to transport large volumes of freight across public roadways. Overloaded or improperly loaded trailers may increase the risk of Missouri truck accidents. Overloaded tractor trailers are dangerous because the truck driver may not be able to operate a tractor trailer that weighs more than its mechanisms can control. Improperly loaded trailers are dangerous because they may cause a load shift. If the load shifts dramatically during operation, the truck driver may lose control.

Missouri truck accident lawsuits hold trucking companies and truck drivers accountable for their negligence. Some trucking companies may overload their fleet to save money. Other trucking companies may improperly load their fleet as a result of inattention to detail. These negligent trucking companies are willing to put their interests before public safety, even though their business model depends on using public roadways. Contact our Missouri personal injury attorneys today for a free legal consultation about how you can hold these negligent companies accountable for their actions.