Missouri Truck Accident Lawyer Blog

Katlin J. Elam, a 16 year old from Bucklin, Missouri, was injured in a Linn County Missouri semi-truck accident on December 29, 2011. After the Missouri side impact truck accident, the Bucklin teen was transported to Pershing Hospital by Linn County Ambulance.

Elam was attempting to turn onto Highway 5, 1 mile north of Marceline, from a private driveway when the Linn County Missouri truck accident occurred. A Freightliner driven by truck driver Gerald F. Spencer of Purdin, Missouri crashed into the driver’s side of Elam’s vehicle. Elam drove a 1997 Pontiac. The Pontiac was totaled in the accident, while the Freightliner sustained moderate damage. The truck driver did not sustain any reported injuries according to the Missouri State Highway Patrol.

In a Missouri side impact truck accident lawsuit, the court may have to determine whether any party in the accident violated Missouri’s right-of-way traffic regulations. When a truck slams into the side of another vehicle, a right-of-way violation may have occurred. For example, the truck may have failed to yield to another car, or sped up when a passenger car entered the roadway. Failing to yield or increasing speed while another vehicle enters the roadway both violate right-of-way rules and increase the likelihood of a Missouri side impact truck accident.

Accident victims should obtain the legal services of an experienced Missouri truck accident lawyer to protect themselves from the right-of-way arguments made by the defendant truck driver. Experienced plaintiff’s attorneys understand how to combat the types of accusations that defense attorneys and their clients levy against accident victims. When the truck driver crashes into a passenger vehicle that was exiting a driveway, the truck driver may argue that the passenger vehicle failed to yield properly to traffic in violation of Missouri’s right-of-way traffic regulation, Missouri statute §304.351.

Missouri statute §304.351 governs right-of-way rules for the state of Missouri. Section 5 of the statutes specifies the right-of-way rule when a motor vehicle enters a public roadway from a private driveway: “The driver of a vehicle about to enter or cross a highway from an alley, building or any private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered.” In other words, a driver entering the roadway from a private drive must yield to all traffic that is on the roadway.

Two Missouri semi-truck accidents interfered with morning traffic on Interstate Highway 70. The Missouri State Highway Patrol (MSHP) is investigating both crashes. A MSHP officer state that the morning’s snow may have factored into the crashes, but the snow’s precise role in the accident has not yet been determined.

According to the Missouri State Highway Patrol, the first accident occurred at 7:30am near T.R. Hughes Boulevard. During that accident, a refrigerator box truck carrying produce jumped over the median. No one was injured in that accident, but traffic was blocked.

A second Missouri dump truck accident occurred on near the Salt Lick Road overpass in O’Fallon, Missouri. A dump truck crashed into the rear of a passenger car, and then collided with three other vehicles. The dump truck eventually stopped in the far right lane of the I-70. Two passenger car occupants were injured by the dump truck.

Truck drivers have a duty to drive prudently in inclement weather conditions. Missouri statute §304.012 requires all motorists to “exercise the highest degree of care” while operating any motor vehicle on Missouri’s roadways. Exercising the highest degree of care includes a duty to drive carefully and prudently. Drivers must also operate “at a rate of speed so as not to endanger the property of another or the life or limb of any person.” Missouri law requires all motorists, truck drivers included, to avoid causing harm to others while driving.

To satisfy their duties under §304.012, truck drivers must adjust to any weather conditions that affect their ability to avoid an accident. Precipitation, including rain and snow, may adversely affect driving conditions and increase the risk of a vehicle collision. When truck drivers fail to adjust their driving choices to inclement weather conditions, they breach their duties imposed by Missouri law.

Traffic statutes play an important role in Missouri truck accident lawsuits. When used correctly, evidence of a statute violation help an accident victim prove in court that the defendant truck driver was negligent. Statute violations show negligence when: (1) the violation result in injury to a member of the class of person intended to be protected by the statute; and (2) the harm is of the kind which the statute aimed to prevent.

Missouri’s traffic laws aim to protect drivers, vehicle occupants, and pedestrians from physical injury and property damage. When accident victims can show that the defendant truck driver violated a traffic statute, the accident victim has generally shown negligence.

Carolyn S. Levon, 69, of Cape Girardeau, Missouri was taken to Jefferson Regional Medical Center after a Jefferson County Missouri rear end trucking accident. Levon was injured when a 2012 Freightliner driven by out of state truck driver Linda M. Mendez rear ended her vehicle on I-55.

Levon was driving a 2001 Mercury Grand Marquis on northbound I-55 at U.S. Highway 67. Levon slowed for traffic ahead of her. The truck driver failed to slow and crashed into the rear of Levon’s vehicle. Levon was the only injured party in the Missouri rear end truck accident, according to the Missouri State Highway Patrol’s crash report. Her vehicle was totaled as well.

A Missouri truck accident is often a harrowing experience for an accident victim. The time period after the accident may be stressful and confusing for the accident victim as well. The accident victim may need to communicate effectively with several parties to deal with the accident, including the other people involved in the accident and their attorneys, law enforcement officers, medical personnel, insurance company representatives, and employers.

Accident victims should devise a plan to deal with the insurance issues that arise after a Missouri truck accident. Interacting with insurance companies can cause a great deal of stress for an accident victim. An increased level stress may be detrimental for anyone, but is especially harmful for an injured accident victim who needs to recover. Accident victims should acquire the services of an experienced Missouri truck accident lawyer. An experienced personal injury attorney knows what to do after a Missouri truck accident and may negotiate with the insurance company on behalf of the accident victim.

Insurance companies have a financial incentive to pay out as little as possible on an accident-related claims. The insurance company has already received payment for the insurance policies involved. When a claim is filed, the insurance company will attempt to pay as little as possible to keep the revenue gained from payments. The insurance company will likely offer a settlement amount that is much lower than the accident victim could win in court, hoping that the accident victim will ignorantly accept it.

Experienced Missouri personal injury attorneys have the knowledge to protect accident victims from low-ball settlement offers. Unlike accident victims, personal injury attorneys understand how to value the monetary worth of a claim. If the insurance company provides an offer that is far less than what the case is worth, an experienced attorney will know to keep negotiating.

Tammy J. Moody, 40, of Joplin, Missouri suffered moderate injuries in a Missouri trucking accident on December 19, 2011 at 6:30am. The early morning Jasper County Missouri truck accident was caused by a truck driver who failed to properly change lanes.

Truck driver John S. McBride of Carthage, Missouri drove a 2009 International TTL on northbound U.S. Highway 71, just 5 miles north of Carthage, Missouri. McBride attempted to merge into the right lane and crashed into Moody’s 1996 Chevrolet Corsica. The Chevrolet slid off the left side of the road and over-turned and struck a guardrail. Moody was taken by ambulance to Freeman West hospital in Joplin, Missouri. The Chevrolet was totaled in the Missouri truck accident.

Lane changes are a major cause of Missouri truck accident. Large tractor trailers may be as long as 80ft, so trucks need a large amount of space to change lanes. The consequences of a negligent truck lane change can be dire. If a tractor trailer incorrectly merges into a lane that is not clear, it can crash into a smaller vehicle. The tractor trailer may even push the smaller vehicle off the highway entirely, as in the above accident.

Truck drivers have a responsibility to avoid accidents by driving prudently. Truck drivers must check carefully before merging lanes, crossing an intersection, or entering and exiting a highway. Safe truck drivers tend to signal their intention to turn, and then allow enough time for vehicles in their blind spots to move out the way. By alerting other drivers of their intention to merge or change lanes, safe truck drivers strive to prevent Missouri lane change truck accidents. Truck drivers who fail to signal long before they attempt a lane change are risking a serious accident.

Continue reading " Trucker Causes Jasper County Missouri Truck Accident Merging Lanes " »

A man from Desoto, Missouri was injured in a Jefferson County Missouri trucking accident on December 17, 2011 at 2:51pm. The Jefferson County Missouri truck accident occurred when a 2005 International truck attempted a left turn from Montauk Drive onto southbound Highway 67.

The International truck turned into the path of a 1999 Pontiac Firebird driven by accident victim Jeffery C. Christopher of Desoto. Christopher swerved to avoid the large commercial motor vehicle and began skidding. The right side of Christopher’s vehicle crashed into the left side of a 2004 Dodge Neon, which was driven by Caleb M. Douglas of Festus, Missouri. Christopher’s Pontiac then drove off the right side of the road.

Christopher was the only injured person in the Jefferson County Missouri truck accident. Joachim Plattin Ambulance transported him to Jefferson Regional Medical Center for medical treatment. The Pontiac and the Dodge both sustained damage in the Jefferson County Missouri semi-truck accident, while the International did not sustain any damage.

Truck drivers have a duty to prudently make left turns, since left turns are a maneuver that may create a serious risk for a Missouri tractor trailer accident. Unlike right turns, left turns generally involve crossing lanes that direct opposing traffic. Crossing the lanes of opposing traffic greatly increases the risk for a collision. For comparison, 319 people died in a car accident that involved a right hand turn. 2,398 people died in a car accident that involved a left hand turn, more than seven times the number of right hand turns deaths.

Federal, state, and local government agencies create strict regulations governing the conduct of truck drivers. When truck drivers negligently cause truck accidents, their conduct often violates multiple safety statutes. Statute violations may help an accident victim show that the truck driver was negligent, which in turn may help the accident victim recover compensation for injuries sustained.

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Julianne A. Horsford, a 19 year old from St. Charles, Missouri, was injured in a Missouri semi-truck accident on December 14, 2011. The Missouri truck accident occurred in I-44 in Pulaski County, Missouri.

The towed unit of a 2006 Freightliner collided with the 2000 Mercury Sable driven by Horsford. Horsford’s vehicle traveled off the left side of the interstate, crashing into the cable median of the highway. Horsford’s vehicle came to rest while partially still in the roadways.

Horsford was taken to Phelps County Regional Medical Center by Pulaski County Ambulance. Horsford’s vehicle was totaled in the accident. The truck driver, Tonna L. Bateman from Willard, Missouri, was not injured in the Missouri semi-truck accident.

The most common type of injury in a Missouri tractor trailer accident is broken and fractured bones. Bones are an excellent structural system to support the human body. However, bones cannot withstand an infinite amount of pressure. When too much pressure is applied to a bone, it will fracture.

Missouri tractor trailer accidents subject the human body and its structure to a tremendous amount of pressure. Tractor trailers can weigh up to 80,000lbs – without oversize permits. Tractor trailers may be 70 to 80 feet long as well. Typical passenger vehicles like cars and SUVS cannot absorb the full impact of a collision with such a large vehicle. As a result, the truck accident victim suffers.

Truck accident victims with broken bones may have to endure high medical costs after the accident. Truck accident victims may need to meet with expensive medical specialists like orthopedic surgeons. Truck accident victims may need to meet regularly with physical or occupational therapists for an extended period time after surgery as well.

Truck accident victims should not have to bear the costs of a truck driver’s negligence. If a truck driver negligently causes the injuries of a truck accident victim, the truck driver and her employer should bear the cost of those injuries.

Wilfred Solano, a 56 year old man from St. Joseph, Missouri was injured in a Buchanan County Missouri tractor trailer accident on December 13, 2011. The early morning Missouri truck accident occurred as Solano was driving a 2004 Honda Civic on southbound I-29, 1 mile south off St. Joseph, Missouri. The towed unit of a 2003 Freightliner tractor trailer collided with Solano’s Honda.

The Honda spun around on the interstate highway after the initial impact, and then struck the towed unit of the Freightliner for a second time. The Honda stopped on its wheels in the middle of the interstate at the conclusion of the Buchanan County Missouri tractor trailer accident. The Freightliner was brought to a controlled stop on the shoulder of the highway by out of state truck driver Kenneth I. Harris.

Solano was transported to Heartland Regional Medical Center for medical treatment for his injuries. Solano’s Honda was totaled in the Missouri truck accident. The Honda was towed away from the scene of the accident. The truck driver was not injured and the tractor trailer was driven for the scene.

Missourians injured in Buchanan County Missouri semi-truck accidents often worry about their legal expenses. Trucking companies are sometimes represented by “insurance defense” attorneys who exclusively work to keep compensation out of the hands of truck accident victims. Truck accident victims often wonder how they can afford to pay the high hourly rates of a lawyer.

Our Buchanan County Missouri personal injury attorneys will not send truck accident victims bills while a lawsuit is ongoing. In fact, we do not charge our clients any fees until the case is settled or a verdict is issued. Our attorneys work on contingency so that truck accident victims can focus on the emotional and physical consequences of a truck accident.

The Federal Motor Carrier Safety Administration (FMCSA) is the agency of the federal government that aims decrease the number of Missouri truck accidents. The FMCSA creates rules and regulations that improve the safety of motor carriers like tractor trailers. Congress has also given the FMCSA the power to shut down unsafe trucking companies when they routinely fail to operate safely.

RC Investments, Inc., a motor carrier based in Oregon, has been subjected to a temporary restraining order from the United States District Court for the District of Oregon. The motor carrier had initially been ordered to shut down in August. The FMCSA discovered that the motor carrier used unlicensed drivers. The motor carrier failed to inspect its vehicles regularly and failed to institute a substance abuse testing program.

In November, the motor carrier was operating in defiance of the FMCSA’s orders, as the FMCSA during a two-week period in which the authorities conducted more than 8,000 surprise safety inspections. The FMCSA declared the motor carrier an imminent hazard to the public.

The FMCSA is ramping up its enforcement of motor carrier regulations. Thousands of motor carriers are subject to surprise inspections and roadside inspections. Enforcement cases are on the rise. The FMCSA hopes that its efforts will reduce the injuries and fatalities caused by Missouri tractor trailer accidents.

The FMCSA conducts inspections to catch unsafe motor carriers before their negligence causes a Missouri truck accident. However, the FMCSA’s enforcement actions cannot catch all of the negligent trucking companies in the country. Deadly Missouri truck accidents still occur. If you are injured in a truck accident, obtain the services of experienced Missouri truck accident attorneys to learn about your legal options.

The National Safety Transportation Board (NTSB), an independent agency of the federal government, has launched an investigation into the cause of the fatal Missouri school bus accident in 2010. The 2010 Missouri school bus accident involved two school buses, a tractor trailer, and a pickup truck in Gray Summit, Missouri.

The two school buses were transporting students from John F. Hodge High School to Six Flags St. Louis. A Volvo tractor trailer slowed or stopped ahead because of the amount of traffic in a construction zone on the highway. A pickup truck slammed into the back of the tractor trailer. The first school bus, carrying the female high school students, change lanes into the wreck. Then the second school bus rear ended the first school bus, pushing the first school bus on top of the second.

Two people died in the fatal accident. A female high school who was sitting in the back of the first bus died. The pickup truck driver died as well. Dozens of injured students were taken to area hospitals after the fatal Missouri bus truck accident. Two students – a 16 year old female student and a 14 year old male student – suffered serious injuries in the accident.

The Missouri State Highway Patrol and the NTSB have been investigating the causes of the tragic Missouri truck accident since the accident occurred. An initial report showed that the inattentive driving may have been a major cause of the accident. Specifically, the drivers failed to react to the traffic pattern in the construction zone of I-44.

Members of the NTSB will meet next week to make a final determination about the probable cause of the accident. The NTSB meeting will occur on December 13, 2011. The meeting will focus on safety recommendations to prevent future Missouri truck bus accidents. The agency may comment on whether seat belts should have been used in the school buses, for example.

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Kenneth J. Coleman of Mineral Point, Missouri suffered serious injuries in a St. Francois County Missouri trucking accident on December 5, 2011. Coleman was taken to Jefferson Regional Hospital by St. Francois County Ambulance for medical treatment.

The Saint Francois Missouri truck accident occurred on Highway 67 at Big River Bridge.
Coleman was traveling on highway 67 near a 1986 Peterbilt truck driven by Gerald T. Brewen, 61, of Fredericktown, Missouri. The Peterbilt braked in response to the traffic on the roadway and began to slide. Coleman attempted to steer around the sliding truck, but could not avoid the collision. The vehicles crashed into one another and into a bridge.

Defective brakes are a major cause of Missouri truck accidents. Research from the Department of Transportation indicates that brake issues are related to nearly 30% of truck accidents. However, determining liability in a brake-related accident may difficult, even if the brakes are clearly the cause of the accident. Many parties may be legally responsible for the condition of the brakes, including the truck driver, the trucking company, and the brake manufacturer.

Trucker drivers are required to regularly inspect their commercial motor vehicles for the purpose of avoiding injurious Missouri truck accidents. Truck drivers must conduct pre-trip tire inspections before operating their vehicles. Since brakes are such a common cause of truck accidents, checking the brakes are an essential part of the pre-trip inspections. Responsible truck drivers check for tire pressure and for worn areas that may lead to a blowout. If the failure to properly inspect the brakes lead to a truck accident, the truck driver may be held liable for the accident victim’s injuries.

The trucking company that employs the truck driver may be liable as well. The trucking company is in charge of policies for its drivers and vehicles. Unsafe trucking companies will violate federal regulations in order to cut costs. Negligent trucking companies may even depower the front brakes so that the brakes can be replaced less often. Depowering the front brakes is a dangerous cost-saving measure that may lead to a Missouri truck accident.

Continue reading " St. Francois Missouri Truck Accident Serious Injureds Mineral Point Man " »

Two Edgerton residents were killed in a Clinton County Missouri truck accident that occurred on December 1, 2011. Two other Edgerton residents were seriously injured. The fatal Missouri truck accident occurred at the intersection of Missouri highway 116 and U.S. highway 69, roughly four miles east of Lathrop, Missouri.

The accident victims traveled in a 1995 Honda Accord driven by Larry R. Cockriel, 66, on eastbound MO-116. A 2006 International Conventional driven by an out of state truck driver failed to stop at a stop sign as it drove northbound on US-69. The Honda crashed into the trailer in the intersection. The Honda came to rest lodged underneath the trailer of the International.

Cockriel and occupant Carol J. Cockriel, 66, were pronounced dead at the scene of the fatal Missouri truck accident. Two other occupants in the Honda were seriously injured in the accident. 15 year old Draven M. Cockriel of Edgerton was taken to Liberty Hospital by Tri-County Ambulance. Draven Cockriel was later transferred to Children’s Mercy Hospital. 59 year old Wendy S. Wall of Liberty, Missouri was taken to St. Luke’s Hospital by Lifenet Helicopter. Wall was the only occupant in the Honda who wore a seatbelt during the Missouri stop sign truck accident.

Fatal truck accidents leave tragedy in their wake. The families left behind have to deal with the flood of negative emotions associated with the loss of a loved one. Deadly traffic accidents happen occur suddenly, meaning families have to make unexpected decisions while grieving. Families may have to worry about funeral arrangements. If the family depended on the accident victim for an income, the family may grow anxious about their ability to pay for their living expenses. No family should ever be put in this position because of a negligent truck accident.

The laws of Missouri aim to help families put in this position through its wrongful death statute. Missouri statute 537.080 allows the families of accident victims to obtain compensation for a wrongful death. A wrongful death is a death that is caused by the negligent or wrongful conduct of another. When an accident victim is killed in an accident caused by a truck driver’s failure to simply stop at a stop sign, the family left is able to file a wrongful death claim.

Continue reading " Trucker Causes Double Fatality in Missouri Stop Sign Truck Accident " »

Sheryl J. Kyger of Everton, Missouri was injured in a Greene County Missouri truck accident near Springfield, Missouri on I-44. The Tuesday morning Missouri side impact truck accident began as Kyger drove a 2011 Ford Fiesta on eastbound I-44.

A large 2012 Peterbilt Conventional tractor trailer sideswiped Kyger’s Ford. The Ford swerved to the left after the impact and Kyger lost control of the vehicle. Kyrger overcorrected and skid into the left front section of the tractor trailer. Then Kyrger’s Ford drove off the roadway and overturned. Kyger was the only person injured in the Greene County Missouri truck accident. She suffered moderate injuries and was transported to Cox South Hospital in Springfield, Missouri. Kyger’s vehicle sustained substantial damage in the accident.

Missouri side collision truck accidents are incredibly dangerous for the occupants of a passenger vehicle. The disparity in size between a tractor trailer and a passenger vehicle (such as a car, SUV, or minivan) often results in a disparity in physical injury and in vehicle damage. The truck accident victims often suffer serious injuries while the truck drivers walk away from the accident unharmed. The vehicle of the truck accident victim may be totaled. Tractor trailers may only suffer minor damage during the side collision truck accident.

The disparity continues after the accident. Truck drivers may have an advantage in court after a truck accident. Truck drivers are usually the employees of insured trucking corporations. The trucking corporations and their insurers have a great deal of experience defending truck accident lawsuits. In fact, trucking corporations may use law firms that specialize in insurance defense. The attorneys at insurance defense law firms spend extensive time creating arguments to defeat personal injury lawsuits against negligent truck drivers and trucking companies. Truck drivers have corporations, insurance companies, and insurance defense law firms on their side in a Missouri truck accident lawsuit.

Truck accident victims without experience attorneys are at a distinct advantage. The truck accident victims may not know how to navigate the legal system to obtain compensation for their injuries. Truck accident victims often lack the experience to know whether a settlement offer is enough to cover their current expenses related to the accident as well as future loss. Truck accident victims may be unable to craft legal arguments using federal trucking laws or Missouri tort law to overcome the defendant’s arguments. Truck accident victims should obtain experienced legal counsel to protect their legal rights after a truck accident.

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