Missouri Truck Accident Lawyer Blog

The United States Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) shut down an Indiana trucking company for multiple federal safety violations. The FMCSA’s decision to shut down ultimately prevents Missouri semi-truck car accidents, since the Midwestern truck company operated across state lines.

The FMCSA ordered Indiana company U & D Service to cease operations after an extensive safety review in which multiple violations were uncovered. The company had a continuous pattern of using unlicensed drivers, drivers without commercial driver’s licenses. The company also used drivers without the legally required level of proficiency in English.

Drivers must have a valid commercial driver’s license to legally operate large commercial motor vehicles, including tractor trailers, in interstate commerce. To safely drive a commercial motor vehicle, a commercial driver must have special skills and knowledge. Commercial driver’s licensing exams insure that only skilled drivers operate large vehicles on the nation’s public roadways.

National commercial driver’s licensing also prevents truck driver fraud concerning conviction rates. Before the national Commercial Driver’s License Program created by the FMCSA, the states licensed commercial drivers. This state-based system allowed truck drivers to obtain licenses from more than one state. When a negligent truck driver was convicted for a safety violation in one state, the truck driver could hide the conviction by using a license from another state. Negligent truck drivers could also spread violations across different state driving records so the extent of their negligence remains hidden from a central authority.

When the FMCSA discovers a trucking company’s continuous pattern of using unlicensed drivers, the FMCSA may declare that trucking company an “imminent hazard” to the public safety. The FMCSA has been authorized by Congress to shut down companies that are an imminent hazard to the public safety.

The FMCSA’s authority to monitor the safety of trucking companies in two ways. First, when the FMCSA shuts down unsafe trucking companies, it prevents those companies from causing fatal or injurious truck accidents. Second, when the FMCSA convicts operating trucking companies of safety violations, people who are ultimately injured by that company may be able to use the safety convictions against the company in court. Truck accident victims should contact a Missouri truck accident lawyer for more information about the role that safety violations can play in a personal injury lawsuit.

The Federal Motor Carrier Safety Administration (FMCSA), an agency of the United States Department of Transportation, promulgated a new final rule to emphasize that illegal drug use can bar a truck driver from operating a commercial motor vehicle.

FMCSA regulations are an important safeguard of highway safety in the United States. The FMCSA regulates the baseline qualifications for interstate truck drivers to keep negligent drivers from behind the wheel of large tractor trailers. Now the FMCSA has released a new rule emphasizing the disqualifying effect that illicit drug use can have on a driver’s qualifications.

The new rule states that drivers who use Schedule I drugs (as defined in Controlled Substances Act) cannot drive a commercial motor vehicle, including large trucks and buses. According to the Controlled Substances act, a drug is classified as Schedule I controlled substances because: (a) the drug has a “high potential for abuse;” (b) the drug has “no currently accepted medical treatment use;” (c) the drug lacks an acceptable safety standard for use. Schedule I includes well-known street drugs, including heroin, cocaine, peyote, mescaline, and marijuana.

Schedule I drugs often have a very damaging effect on their users. Schedule drug users may experience hallucinations and an altered sense of reality. The ability of drug users to respond effectively to their environments is also negatively affected. Moreover, Schedule I drugs may have high addiction rates, so users will be compelled to keep altering their sense of reality.

In response to increased knowledge about the detrimental effect of Schedule I drugs, the FMCSA has determined that users of Schedule I drugs cannot operate commercial motor vehicles. The FMCSA rule works in conjunction with existing pre-employment and return-to-duty laws under the FMCSA and the Department of Transportation. For more information about FMCSA regualtions and their effect on Missouri truck accidents, contact a Missouri truck accident attorney for a free legal consultation.

Two semi-trucks crashed into a head-on Missouri semi-truck accident in Cameron, Missouri, killing one and injuring two. The accident occurred when a northbound tractor trailer crossed the centerline and slammed into a semitrailer traveling in the other direction. Both trucks burst into flame at impact.

The northbound truck driver died at the scene of the accident. The northbound driver’s passenger and the driver of the other tractor trailer were rescued from the fiery wreck by passing motorists. The rescued accident victims were rushed to nearby hospital to treat their serious injuries.

The fire caused serious damage. The two tractor trailers burned to their frames. Hundreds of gallons of fuel poured into the roadway. Officials from the hazardous materials crew had to work to contain the accident. Officials from the Missouri Department of Natural Resources worked on the accident as well. The highway was closed for nine hours while the officials worked to clean up the debris.

The rescued truck accident victims may owe a great deal of thanks to the good Samaritans that pulled them from the fiery wreck. However, good Samaritans are occasionally injured while trying to rescue those injured in car accidents. Missouri rescuer liability is a difficult concept for the courts to master.

Accident victims obtain compensation for the injuries caused by negligence. To show negligence, the accident victim must first owe that the defendant owed the accident victim a duty. This first element creates a difficulty for injured rescuers. Does a driver owe a duty to a potential rescuer if there is an accident? The causation requirement of negligence claims creates another problem for injured rescuers. In negligence claims, the accident victim must show that the defendant’s conduct was the cause of the accident victim’s injuries. However, to a certain degree, rescuers choose to involve themselves in the rescue. Was the defendant’s conduct the cause of the rescuer’s injuries since the rescuer chose to help the accident victims?

Injured rescuers should contact Missouri car accident attorneys for a legal consultation to learn about their options.

Two Missourians were injured in a Laclede County Missouri truck accident on Interstate 44 on February 18, 2012. The accident occurred near midnight, at 11:58pm.

A 2007 Freightliner crashed into the rear of a 1997 Chevrolet Camaro on the eastbound side of I-44 near the 121.8 mile marker in Laclede County, Missouri. The impact shoved the Camaro into the left line of the interstate highway, where a 2006 Infiniti G35 crashed into the Camaro. The Camaro ended up in the median of the interstate. The Infiniti drove off the right side of the highway and crashed into the guardrail. The Freightliner travelled of the right side of the highway and rolled over. Two of the vehicles came to rest partially in the roadway.

Two of the drivers were injured in the accident. Tiffany L. Spanier of Lebanon, Missouri, the driver of the Camaro, suffered personal injury but refused treatment at the scene of the accident. Lance J. Bingaman of Belton, Missouri, the driver of the Infiniti, suffered personal injury but sought his own medical treatment after the accident.

Missouri truck accident attorneys recommend that accident victims accept onsite medical treatment after a rear impact truck accident. Most importantly, some accident injuries need immediate attention and treatment. Some serious accident injuries have delayed symptoms, giving the accident victim a false sense of wellness after an accident. While the accident victim may not feel injured, trained emergency medical personnel may be able to recognize signs of serious latent injury. Refusing medical treatment may give serious injuries with delayed symptoms, like brain injuries, time to worsen.

Refusing onsite medical treatment may also affect the ability of the accident victims to recover compensation for their injuries. Defense lawyers may try to argue that the accident victim refused medical treatment because the accident victim was not actually injured by the accident. The defense lawyer may even argue that the accident victim was injured at a later time and is trying to get the defendant to foot the bill. Whether or not onsite medical treatment was denied, accident victims need experienced legal representation to combat the false arguments of defense lawyers.

Two people from Saint Louis, Missouri were injured in a St. Louis County truck accident. The accident occurred on westbound I-270, east of Lilac, at 7:25pm on February 9, 2012.

LaTonya D. Tillman was driving a 2004 Honda Accord on westbound I-270 when her vehicle was struck by a 2007 Freightliner. The Freightliner made contact with the left side of the Honda. The force of impact pushed both vehicles off the right side of the roadway. The Honda crashed into the guardrail of the interstate highway.

Two people suffered personal injury in the accident: Tillman and her occupant, Raven M. Rogers. Christian Ambulance transported the two accident victims to the DePaul Hospital. The truck driver, Roderick K. Alexander, did not suffer any reported personal injuries.

Missouri truck accident lawyers are familiar with the complex legal processes that truck accident victims face. Some truck accident victims may win compensation for their injuries in court, but truck accident victims may secure compensation for their injuries through alternative dispute resolution (ADR).

ADR is a term that refers to processes that people use to resolve their conflicts outside of litigation. Some truck accident victims choose to obtain their compensation through ADR because ADR is generally less expensive that a courtroom trial. Mediation is a type of ADR that is becoming popular.

Mediation is a confidential negotiation that is facilitated by a neutral third party. The third party is the mediator. The mediator helps the parties communicate and create a resolution. Unlike a judge, the mediator does not decide any issues. Instead, the mediator helps the parties understand each other and generate creative ideas. Mediation may be beneficial because the parties can determine their own resolution.

Many courts refer the trials on their docket to mediation before allowing a lawsuit to continue. The Alternative Dispute Resolution Act of 1998 authorized the use of ADR in all civil federal cases at the district court level. If cases can settle in mediation, the court system becomes more efficient and cost effective.