July 6, 2010

Changes to expect from CSA 2010

The way we track the safety records of trucking companies will be undergoing some changes in the near future and Missouri is at the forefront of the transition. Our state is helping to test the new Comprehensive Safety Analysis, or CSA, which will replace the current programs in use by the Federal Motor Carrier Safety Administration to evaluate companies and prevent Missouri tractor trailer crashes.

The evaluation process for trucking companies will be very different once the new rules take effect. Currently, a compliance review of a company examines four areas: Driver, Vehicle, Safety Management and Accidents. CSA 2010 expands the number of areas rated to seven and makes them more specifically defined. Companies will now be rated for Unsafe Driving, Fatigued Driving, Driver Fitness, Vehicle Maintenance, Improper Load Securement, Crash History and Alcohol/Drug Abuse Record. This new method should do a better job of pinpointing the exact problem areas that need to be addressed.

Another change is that drivers themselves will be directly measured and given scores independent of their company. For every violation, a weighted score will be given to both the driver and the company based on their level of responsibility and severity of the violation. These scores will stay with drivers as they move from company to company and will hopefully keep the most dangerous drivers off the road before someone is killed or injured in a truck accident they cause.

If a company or driver is given a marginal or unfit rating, they face interventions or suspensions from the FMCSA. The types of interventions will be tailored to the severity of the violation.

Hopefully these new rules will lead to more accountability in the industry. As a St. Louis personal injury lawyer, I have seen countless cases where a company or driver's negligence has lead to a tragic accident. The small percentage of companies who cause the vast majority of crashes need to be held responsible for their actions.

May 20, 2010

Alcohol, drugs and tractor trailers

Driving while intoxicated is a major problem on our country's roadways. On almost any given day you can open the newspaper or look at daily crash reports and see at least one alcohol related accident that occurred in the area. In fact, Missouri had 364 alcohol related car accident deaths in 2008 which means the state very nearly averaged a death per day. Nationwide, there were almost 14,000 alcohol related traffic deaths that year. In a tragic bit of irony, many times these accidents will spare the drunken driver, but take the life of an innocent victim in another car.

So alcohol is a major problem in general, but what about the commercial trucking industry? Is it more or less of a problem there? Do regulations help reduce the problem of driving under the influence?

Looking at recent studies, alcohol is actually much less of an issue with commercial truck drivers. Alcohol plays a role in only 6 percent of fatal tractor trailer accidents while it is present in 32 percent of the fatal crashes among the average passenger car driver.

Less than one percent of truck drivers overall ever fail an alcohol screening regardless of whether it came after an accident or was a random test.

What seems to be a bigger problem among truck drivers is drug use, especially stimulants. 5 percent of tractor trailer drivers have failed a test for illegal drugs and 12 percent of drivers were found to have used over the counter stimulants.

The reason the numbers for alcohol use may be lower among truck drivers is that regulations require trucking companies to do an array of drug and alcohol screenings on their employees. These tests may be given pre-employment, after accidents and at random.

Still, we do occasionally see drivers breaking regulation and companies continuing to hire drivers with a history of substance abuse. Those practicing these negligent policies need to be held accountable. If you or someone you love has been involved in an accident with a tractor trailer driver that was under the influence of drugs or alcohol, contact a Missouri truck accident lawyer to make sure your rights as an accident victim are protected.

Bookmark and Share

May 4, 2010

St. Peters man killed by runaway truck tire

Brandon Haskin, 24, was killed Monday morning when a loose tractor trailer tire crashed through his windshield.

According to local media reports, Haskin was driving a 2003 Dodge Durango eastbound on I-70 near McKelvey Road at the time of this fatal St. Louis area tractor trailer accident. At the same time in the westbound lanes of the highway, two wheels separated from a 2008 Volvo tractor-trailer, driven by Wayne Knickmeyer, 48. One of the two wheels was sent flying over the median wall and hit Haskin's SUV. Haskin's vehicle then collided with another vehicle driven by Jamie Duboise, 26.

Haskin was pronounced dead at the scene. Duboise was treated for moderate injuries and Knickmeyer was not injured.

Our thoughts are with the family of the victim and the others involved in this tragic incident.

It is important in cases like these to find the cause of the accident and hold those responsible accountable. This is the only way to try and prevent truck tire accidents like this from happening again.

According to investigators quoted in the St. Louis Post Dispatch, the truck had recently been serviced, but the lugnuts on the rear axle likely weren't tightened which allowed the wheels to break free. The question now is to find out who serviced the truck and determine how such a simple, yet important, maintenance issue could have been overlooked. Also, did Knickmeyer follow all federal safety regulations pertaining to vehicle maintenance before he took the truck back on the road?

Tractor trailer crashes can be very complicated and require the attention of an experienced professional. If you or a family member have been involved in an accident and you want to make sure your rights as an accident victim are protected, it would be wise to contact a personal injury attorney with tractor trailer crash experience. Most will offer a free consultation where you can discuss your case with no obligation to hire.

Bookmark and Share

April 24, 2010

Preventing underride incidents in truck crashes

If you drive a smaller compact car, I'm sure you've had the experience of riding on the highway as a tractor trailer rumbles by and realizing you're actually able to see under the trailer. You can see dangling chains and spare tires, as well as all the axles and moving parts. You might even find yourself wondering if your car could fit totally underneath the trailer.

In the movie "National Lampoon's Christmas Vacation", the main character, played by Chevy Chase, finds himself accidentally swerving underneath a trailer in the opening scenes. This incident is played for laughs on the big screen, but the reality is much scarier. Every year, these so-called underride incidents occur in numerous tractor trailer accident cases, and often they have very serious consequences.

The reason for the danger is because the bed of a trailer is often higher than the hood of a standard passenger car. The front end of a car is designed to absorb impacts, but the windshield and frame that makes up the passenger compartment is not quite as sturdy. If a car were to drive underneath a tractor trailer, the bed of the trailer has a good chance of entering the passenger compartment and causing serious head and neck injuries. As you can imagine, these injuries are often fatal.

Because of the risk of underride accidents, federal regulations were put in place requiring all trailers to have a guard bar to prevent cars from wedging under the trailer in the event of a serious truck crash. This rear impact guard is designed to hit a passenger car's front end, rather than the passenger compartment.

Occasionally, though, we see cases where these regulations are not properly followed. A tractor trailer may be missing this guard rail completely or the guard rail may be set to an improper height. The rear impact guard may also not be structurally sound due to excessive rust or damage from a previous accident. If the bar snaps off with minimal pressure, it's just as bad as having no bar at all. In fact, it might be worse as now you have another piece of heavy debris that could potentially crash through the windshield and cause injury.

Investigating these details after a crash is important. It holds negligent trucking companies accountable and helps prevent these incidents in the future. If you have been involved in a wreck with a large commercial truck, consult a Missouri tractor trailer accident attorney as soon as possible to make sure your crash receives a thorough investigation.

Bookmark and Share

April 18, 2010

Tractor trailer insurance minimums

We've often discussed federal regulations of tractor trailers on the blog, but one area that doesn't get talked about often is insurance limits. Like load weights and driving hours, the liability insurance minimums are strictly regulated by the federal government to ensure injured parties are taken care of should a tractor trailer injury accident occur.

Every commercial trucking company that runs shipments across state lines must maintain a minimum level of liability insurance. This level varies depending the weight and nature of the load being hauled, but $750,000 liability minimums are the standard on most 18-wheelers that you see on the road. This minimum goes up if the shipment is hazardous or explosive materials, since they pose more of a threat to other drivers.

Any driver or company who operates a truck without this minimum level of coverage is subject to severe financial penalties. They could be charged with up to $11,000 in fines per day.

Unfortunately, some drivers violate this regulation and don't carry the required amount of liability insurance. In other cases, catastrophic injuries with lifetime effects may end up costing the injured party more than $750,000 in medical costs and lost wages. In these cases, it is a good idea to consult a personal injury lawyer with tractor trailer crash experience. He or she will be able to examine your case and make sure your rights as an accident victim are upheld.

Bookmark and Share

April 8, 2010

Most common motor carrier violations

overturned%20truck.jpg

Driving a tractor trailer is a challenging job. Keeping an 18-wheel vehicle that weighs up to 80,000 pounds under control in the presence of smaller, more vulnerable cars is a job that only the most qualified drivers should attempt. Many of the truck drivers on the road do a fantastic job and keep their vehicle in good condition, as well as keeping their head clear and focused. Unfortunately, this is not always the case as a number of drivers or trucking companies will operate vehicles that aren't safe or drive in an unsafe manner. To help limit these behaviors and the serious tractor trailer crashes they cause, federal motor carrier regulations have been put in place.

Here are some of the most common violations:

-Driving fatigued due to working extended hours. The Hours of Service rules are designed to limit the number of consecutive hours that a truck driver can be behind the wheel. Many drivers are paid by the mile so they have an incentive to keep driving long into the night without stopping for rest. Studies have shown that people who are awake and active for 17 straight hours are as impaired as someone with a blood alcohol level of .05.

-Distracted driving. Many tractor trailer accidents are caused by drivers who simply aren't paying attention to the road. Recently, the Secretary of Transportation banned truck drivers from texting behind the wheel. Unfortunately, there is still an abundance of things to distract a driver and cause a serious accident.

-Inaccurate log books. In order to make sure the hours of service rules aren't broken, every driver must keep a detailed log of all his driving. Drivers who try to cut corners and break regulation will often make fraudulent entries in their log books to disguise any questionable practices. Fortunately, other evidence can be found and compared to the logs to check their accuracy. Weigh station and fuel receipts can be obtained and used by an experienced truck accident lawyer to make a timeline of actual events to compare to the logs.

-Negligent practices by a trucking company. Sometimes a problem is much larger than a single driver who makes a lapse in judgment. Mismanagement by a trucking company can lead to any number of dangerous situations. Accident investigations in the past have uncovered companies that don't train their drivers properly and hire drivers with a history of accidents and alcohol use. Companies may also try to save money by skipping on vehicle inspections and letting unsafe vehicles out on the road.

This is by no means an exhaustive list of potential violations. It is merely a few of the more common problems that can lead to a serious injury accident. If you have been involved in an accident with a commercial truck, contact a Missouri trucking accident attorney as soon as possible to make sure your rights are protected and companies are held accountable for any negligent practices.

Bookmark and Share

March 28, 2010

Truck driver fatigue

One point of emphasis when the motor carrier regulations were crafted was limiting the number of fatigued drivers on the road. Mental or physical exhaustion can greatly affect your ability to operate a vehicle safely and is a big contributor to tractor trailer injury accidents.

Just how impaired are you while driving tired? It's a hard question to quantify, but over the years tests were done comparing driver fatigue to drunken driving to give us a scale that we can better relate to. The results are pretty startling.

If you are awake and active for 17 straight hours, your reaction time and coordination is reduced to level of someone with a blood alcohol content of .05. Weight and water consumption can affect BAC levels, but that's roughly comparable to having a few beers over the course of an hour. If you extend the time to 24 straight hours without sufficient rest, you will be as impaired as someone with a .10 BAC. The standard for driving while intoxicated is .08, so effectively, not getting enough rest is as dangerous as driving drunk.

This is why the hours of service regulations were created to limit the amount of time a truck driver can be behind the wheel and on-duty without rest. Study after study has repeatedly shown that fatigued drivers are more likely to cause major truck crashes.

Unfortunately, pressures from trucking companies and the motivation of a per mile pay scale can sometimes lead drivers to violate these regulations. What's more is that drivers will try to fabricate their driving logs to disguise the fact they are driving while dangerously fatigued. This is why every truck accident should be scrutinized by investigators and tractor trailer accident attorneys to hold drivers accountable for negligent practices.

If you have been involved in a tractor trailer crash, consult a personal injury attorney who's knowledgeable in trucking regulations as soon as possible.

Bookmark and Share

February 12, 2010

Man seriously injured in Missouri semi-truck crash

Vernon Stokes, 69, was seriously injured Friday morning after his pickup was hit by a tractor trailer on Highway 60.

According to the initial crash report on file with Missouri State Highway Patrol, the tractor trailer was a 2001 Freightliner being driven by John Hammond, 49. Stokes and Hammond simultaneously approached an intersection on Highway 60. Stokes failed to yield to oncoming traffic when making his turn and pulled in the path of the big rig. Hammond's tractor trailer slammed into the driver's side of Stokes' pickup.

Stokes was seriously injured and rushed to Cox South Hospital. Hammond was uninjured, riding in the larger truck.

This Missouri tractor trailer accident should serve as another warning to be vigilant on the roadways for large trucks. In an accident, they can cause devastating injuries. Hopefully Stokes can make a full recovery.

Driver error, like in most accidents, seems to be the main contributing factor here. Driver's should give tractor trailers extra clearance on the highways due to their large size and limited mobility. Sometimes, the driver making the error is the tractor trailer driver. Since the vehicles they drive can cause so much damage, truck drivers have to receive special training and are subject to stricter regulation than the average driver. Whenever these regulations are violated, the chances for accidents increases. If you've been involved in an accident with a tractor trailer, it is advisable to have your case examined by a tractor trailer accident attorney who is knowledgeable about Federal Motor Carrier Regulations.

Bookmark and Share

January 10, 2010

Ice falling from tractor trailers can cause injury

One danger that may not be readily apparent to you as you drive on the highway this winter is the risk of large sheets of ice falling off of tractor trailers. Every year, there are numerous incidents where a driver suffers a serious personal injury or is involved in a car accident after losing control of the vehicle when a chunk of ice smashes through the windshield.

If you've driven on the highway long, you've probably had to deal with minor debris hitting your car from large trucks. The large tires of tractor trailers are good at kicking up small rocks and dump trucks have a tendency to lose small bits of what they're hauling as they hit bumps in the road. Usually this only causes minor scratches or cracks in passenger cars (not to mention the headache of patching these minor damages).

In the winter time, though, the tops of tractor trailers can accumulate large blocks of ice that are liable to break free at any moment. The large flat surface of a trailer roof catches lots of snow and water which can shift easily as the truck moves.

The Chicago Daily Herald has recently reported on a handful of accidents in which thousands of dollars in damage and moderate personal injuries have been caused by falling sheets of ice. New York is considering changing its laws about clearing ice from trucks after a woman there was killed when a piece of ice smashed through a windshield after falling off a tractor trailer.

Unfortunately, it is hard to track the number of these types of incidents each year. Sometimes they go unreported and even in severe cases, the truck that loses the ice is often never found. Perhaps if we had a better understanding of just how big a problem this is, we might see more aggressive regulation to reign in these types of accidents.

If you have been involved in an accident where ice or some type of falling debris has damaged your car and caused injury, contact a personal injury lawyer to discuss your case as soon as possible. Be sure to document any information you have about the incident and vehicles involved.

January 2, 2010

Physics of tractor trailer driving

truck%20wheels.jpg

The enormous size and weight of tractor trailers makes them very imposing vehicles to drive alongside on the highway. These same factors also make the truck driver's job more complicated as he has to account for the size of his truck in every maneuver he makes in order to avoid a tractor trailer wreck.

A tractor trailer's average length is between 70 and 80 feet long. As you can imagine, this makes every turn a challenge. Tractor trailers don't have nearly the same turning radius as a passenger car and drivers must calculate whether the road they are on is wide enough to make a safe turn. It takes an experienced driver to make these turns safely, but accidents do still happen. That is why you see labels on the back of trailers warning about wide turns. Many tractor trailer accidents have occurred as a result of a passenger car moving too close to a tractor trailer as it was trying to make a turn.

The weight of a tractor trailer also contributes to injury accidents as heavier trucks are harder to stop and cause more damage when an accident occurs. The legal limit for a truck's weight is 80,000 lbs. The average car only weighs about 5,000 lbs. To help control this extra weight, tractor trailers have been fitted with numerous powerful braking systems, but it still takes 40% longer to stop a tractor trailer as it does a passenger car traveling at the same speed.

If the driver doesn't know how to turn properly or is forced to brake hard, he may also force his tractor trailer into a jackknife. If the cab turns at a 45 degree angle in relation to the trailer then a jackknife is almost unavoidable as the weight of the trailer will push forward and lock the two halves in a folded position similar to an open pocket knife, hence the term jackknife.

With all these complicating factors, it takes an experienced driver and a trucking company devoted to safety to avoid potentially fatal 18 wheeler crashes. Unfortunately, not all companies follow federal guidelines and some operate their vehicles with dangerous negligence. These companies must be held accountable to make the roads safer for everyone. If you or a loved one has been involved in a tractor trailer accident, call a Missouri truck accident lawyer to learn your rights and have him look over your case.

Bookmark and Share

December 21, 2009

Construction zones and tractor trailers make a dangerous mix

cone.jpg

Perhaps the two obstacles on the roadway most likely to elicit a groan from drivers are construction zones and tractor trailers. While both are necessary to maintain our roads and commerce, they can both lead to delays in an already hectic rush hour commute. Aside from just causing traffic backups, though, they are both involved in a large number of serious Missouri injury accidents, especially when you mix the large trucks with the confusion of a construction zone.

Residents of Kansas City have been given a couple recent examples of the dangers when tractor trailers and construction zones meet. A few weeks ago, a truck hauling dangerous hydrochloric acid crashed spilling the liquid all over the highway. The incident was followed a couple weeks later by another tractor trailer, this one hauling soybean meal, that crashed on the exact same stretch of highway.

Over on the east side of the state, we’ve seen our fair share of St. Louis tractor trailer accidents in or near construction zones. Last year, for a tragic example, multiple cars waiting in the backup from the Highway 40 construction detour were crushed by a tractor trailer whose driver had briefly taken his eyes off the road to grab his cell phone.

The confusion and stress that comes from navigating construction zones and detours makes for a dangerous situation that must be navigated carefully by all drivers. If everyone observes the posted speed limits and maintains awareness of workers and equipment, accidents can easily be reduced.

Unfortunately, inattentive drivers of both cars and tractor trailers often don’t see an upcoming construction zone or traffic backup and that’s when accidents occur. If you or a family member have been involved in one of these accidents, consult a Missouri personal injury lawyer to discuss your next steps and learn your rights as an accident victim.

Bookmark and Share

December 3, 2009

Perryville, Missouri man seriously injured in crash with tractor trailer

Ricky Hotop, 48, was hospitalized with serious injuries after crashing his pickup into a tractor trailer in Perry County, Missouri.

According to the Missouri State Highway Patrol, this Missouri tractor trailer crash occurred on County Road 606 near Route K. The tractor trailer was stopped in the westbound lane of the roadway at around 5:20 p.m. Hotop, who was also traveling westbound, apparently didn’t see the tractor trailer and crashed into the back of it, totaling his pickup.

Hotop was taken to Perry County Memorial Hospital for emergency treatment. The tractor trailer driver was uninjured.

In many cases of a rear end collision, a driver is usually distracted and not focused on the road ahead of him. Occasionally, there are circumstances where the driver in the rear is not totally at fault. If a car or tractor trailer is stopped over the crest of a hill, for instance, this creates a very dangerous situation where other drivers may not have the opportunity to stop their vehicles in time. Large tractor trailers should also put out road markers and keep lights on after dusk in order to warn other drivers and prevent serious tractor trailer accidents.

The initial crash report and local media have not released information as to what might have caused this particular crash in Perry County. Further investigation is needed to determine whether Hotop was simply being inattentive, whether the tractor trailer was placed in a dangerous position, or both.

Bookmark and Share

November 27, 2009

Rural roads produce the most fatalities

In a report published by NPR using NHTSA data, rural roads are shown to have the highest number of fatal car and truck crashes despite the fact that less people live in rural areas.

In 2008, 56 percent of fatal crashes happened on rural roads despite only 23 percent of the country's population living in rural areas. The report goes on to say that the numbers vary by state and in some areas over 90 percent of highway fatalities are on rural roads.

Urban areas have more people and their residents also drive more, but despite all these factors that should contribute to urban accidents, urban drivers are half as likely to die in a car or truck crash here in Missouri or around the country.

Some reasons for this discrepancy are obvious, while others may not immediately come to mind. Drivers are usually traveling faster on rural roads. Rural roads are also narrower and may lack some modern safety improvements that have been installed on major interstates that run through cities. Tractor trailer crashes are more more deadly as large trucks are forced to share these smaller roads with passenger cars. Rural drivers are also more likely to drive without wearing a seat belt and are more likely to be involved in a drunk driving crash.

Still, despite all these factors, driver error is the cause of most accidents. There's just less room for error on these more dangerous roads. Car and truck drivers that drive negligently must be held responsible if they cause an accident no matter where the crash occurs.

If you or someone in your family is involved in a crash caused by another driver, contact a Missouri car and truck accident lawyer to discuss your rights as an accident victim. You should also consult an attorney if you feel the accident was the result of a dangerous road condition that should have been addressed by transportation officials.

Bookmark and Share

November 24, 2009

MoDOT loses $1.3 million dollar judgment stemming from tractor trailer crash

A $1.3 million dollar ruling against the Missouri Department of Transportation was just handed down by a arbitration panel that decided the department could have done more to prevent a Missouri tractor trailer accident in 2005.

The accident in question was a December 6, 2005 crash that killed Jemma Dant, 28. Her car was stopped on I-44 when a semitrailer crashed into the back of her car and sent it into another truck. Her car was in a line of traffic which was backed up unusually far from the Vandeventer exit.

The arbitration panel said that MoDOT could have warned drivers about the backup, which extended past the Vandeventer exit lane and into the right lane of westbound I-44.

A St. Louis Post Dispatch report on the case said since the accident, the exit ramp was restriped and electronic warning signs were added that can update drivers about traffic conditions. Neither of these precautions were in place at the time of the accident.

Dant's family had already been paid damages by the trucking company involved in the crash.

This accident was tragic, but the changes that have taken place since the accident may help prevent a similar Missouri truck accident in the future. By hiring a St. Louis area personal injury attorney after an accident, you can possibly recover damages to help you financially through a difficult time and also draw attention to dangerous conditions that can be remedied to prevent future tragedy.

November 16, 2009

I-70 listed as Missouri’s deadliest highway

Data compiled by a Missouri attorney lobbying for more tractor trailer regulations shows that interstate 70 is by far Missouri’s deadliest highway, followed by I-44, U.S.-63 and I-55, according to a KSDK report.

Last year there were 41 fatalities on I-70 alone, according to the report. I-44, which has a longer stretch through the state, came in second with 25 fatal car and truck accidents.

The data is being used to call attention to the dangers on our roadways and the attorney who published it is hoping also to see some law changes as well. He, along with others, are trying to ban tractor trailer drivers from using portable electronic devices like cell phones and laptops while they are behind the wheel.

Missouri recently passed a law restricting drivers under 21 from texting and driving. Besides that, there are no laws restricting big rig and commercial truck drivers from talking on a cell phone or using a laptop despite the fact that studies show drivers using these devices are up to 23 percent more likely to cause an accident. Many truckers routinely use these devices to report back to their company and keep in touch with family while on the road.

While I respect the fact that drivers need to keep in contact with their employers and their family, it is not worth putting others at risk. The numbers clearly show that distracted drivers cause more accidents. If a negligent driver or company causes an accident they need to be held accountable. The best way to do this is to contact a Missouri truck accident attorney to help investigate your case if you or someone you love is involved in a crash.

November 14, 2009

Alcohol and drug testing important step in preventing Missouri tractor trailer crashes

drink.jpg

The dangers of combining alcohol or drugs and driving are obvious and well documented. Still, we see thousands of fatal car and truck accidents each year as a result of drunk or drugged driving. Every state has laws to curb drunk driving and this applies to commercial truck and tractor trailer drivers as well. In fact, commercial truck drivers are subject to much stricter regulation than the average driver.

Every driver is required to submit to numerous drug and alcohol tests in order to remain employed. There are pre-employment drug screens as well as random tests administered throughout the driver's tenure. If a driver is involved in an accident, he will also have to submit to drug and alcohol screens to determine if these substances contributed to the accident. Failure to comply with these mandatory tests will result in serious consequences for the driver.

Because of these regulations, drunk and drugged driving has been reduced in the trucking industry. While not as rampant as it once was, the problem has not been completely eliminated. Various studies have found that 15% of drivers had illegal drugs in their systems after a crash. Some others were found to have been abusing prescription stimulants to fight fatigue. Even with all the tests for alcohol, 1% of fatal tractor trailer accidents were the result of drunk driving. That still adds up to hundreds of lives lost every year due to terribly negligent behavior on the part of a driver.

Trucking companies can fall short in their duties to police their drivers as well. Tractor trailer accident lawyers can sometimes find cases where tests are not properly administered by trucking companies and unsafe drivers are allowed back on the road. In these cases, the company as well as the driver should be held responsible for the damage caused by an accident.

An experienced Missouri truck accident lawyer will be able to examine an accident and determine if drugs or alcohol played a role. He will also be able to dig into company testing records to determine if the driver had a history of problems that should have kept the driver off the road in the first place.

Bookmark and Share

November 8, 2009

Tractor trailer crash regulations

As we've discussed previously on the blog, tractor trailers and other large trucks are subject to different regulations than the average passenger car. This is because of the extra dangers posed by commercial motor vehicles in the event of a tractor trailer crash. There are guidelines to define what exactly qualifies as a commercial motor vehicle.

There are several ways a vehicle can be classified as a commercial motor vehicle. It must be used to transport people or shipments for commercial reasons and must be of a certain size. If the vehicle is 10,001 pounds or more or if it can transport 15 or more people, it falls under this distinction. A vehicle can also be classified as a commercial motor vehicle if it is transporting hazardous materials.

Companies that use vehicles of this classification must register the vehicle and follow all federal motor carrier guidelines. Some states have altered the guidelines for the unique situations in their part of the country. When dealing with a truck accident here in the Show Me State, it is important to contact an experienced Missouri tractor trailer lawyer who has extensive knowledge about our specific laws.

While most vehicles that meet the above criteria are subject to the commercial motor vehicle regulations, some exceptions are made. School buses and ambulances do not fall under the same classification and neither do vehicles that are being used for non-commercial uses. This does not mean these vehicles are exempted from any regulation, however, they just don't have the same guidelines as tractor trailers being used in commercial shipping. Again, a truck accident attorney with enough experience will easily be able determine which regulations apply to your case.

Bookmark and Share

October 30, 2009

Dealing with insurance companies after an accident

After a serious accident, all you will probably want to do is make sure you and anyone you were with are healthy and get back to your normal life. You'll want to put the accident behind you as quickly as possible. Life, as we all learn, is not so easy and serious car and truck accidents could lead to lots of investigation and dealing with insurance company representatives. Fortunately, you can take some steps to make this period less stressful.

The first thing you should do is learn as much about your own insurance policy as possible. Even if you weren't just in an accident and happened upon this blog by chance, you should look over your policy to make sure you know when you will be covered and for how much. You will have different coverage for medical payments, property damage, bodily injury to the other party and collision. Be sure to read the fine print and call your agent if you have any questions. It's better to have the information before you have a car accident rather than after the fact.

If you were injured in a car or truck accident, take meticulous notes and keep multiple copies of any documentation. Make sure you get the contact and license info from the other driver and the truck number and trucking company info if it was a tractor trailer crash. If you were injured by someone else's poor driving, their insurance company will be looking to limit their payout to you and having all the pertinent evidence on hand is the first step to protecting yourself.

Representatives from the other insurance company may also try and contact you for a recorded statement. It is in your best interest to avoid talking to them until you have consulted a personal injury attorney. Even if you are absolutely sure that the accident wasn't your fault, anything you say can be used to limit the payment you receive which could leave you in a dire financial situation. A skilled personal injury attorney will be able to advise you on your rights and help you make your statement to the insurance company if you even have to make one at all.

October 26, 2009

Deadly distractions for tractor trailer drivers

phone.jpg

By now, you've probably heard about the two pilots for Delta Air Lines who have been dismissed after they overshot their destination by 150 miles due, supposedly, to them being distracted by their laptops. Fortunately, no serious incident occurred and the plane landed safely in Minneapolis-St. Paul. FAA regulations prohibit the use of laptops in the cockpit for this very reason and more deadly incidents are prevented because of these stricter rules.

This is not so on our roadways. Every year, thousands of people die in car accidents and tractor trailer crashes caused by distracted drivers who were talking on a cell phone or playing with some other electronic device. While some individual states and cities have taken the lead on reducing the distractions by banning cell phones while driving, in most areas there are no such laws and seeing someone multi-tasking when they should simply be driving is a regular occurrence.

The dangers are multiplied for tractor trailer drivers who have to maintain control of vehicles stretching dozens of feet long and weighing thousands of pounds. Yet still, even commercial truck drivers are regularly guilty of losing focus on the road because they are talking or texting and sometimes this has fatal consequences. One of the larger tractor trailer crashes in the St. Louis area occurred on Highway 40 last year when a truck driver, apparently distracted by his cell phone, plowed through ten other cars that were stopped for traffic. Three people were killed and more were seriously injured.

Despite tragic incidents like the Highway 40 crash, the FMCSA has not completely banned the use of cell phones or other electronic distractions by tractor trailer drivers while driving. In fact, many big rig drivers regularly use on-board computers to update their company of their progress and track their routes.

Studies have repeatedly shown that these types of distractions are dangerous. Drivers using those on-board computers are approximately ten times more likely to be involved in a crash. Texting drivers are 23 times as likely to crash. Even drivers who use hands-free phones have been proven to be as impaired as drunken drivers.

Drivers and their companies that continue these negligent policies of allowing distractions in the cabin must be held accountable when those same distractions result in serious accidents. If you or a family member has been involved in such a crash, contact an experienced Missouri tractor trailer accident attorney as soon as possible so that they can begin to investigate your case.

October 22, 2009

Tractor trailers cause more than their fair share of traffic deaths in Missouri

Wading through statistics at sites we’ve mentioned in previous posts and articles on other injury sites, we’ve discovered some more sobering statistics about tractor trailer crashes in Missouri.

Depending on what statistics you look at and your definition of a large truck, they make up around 3% to 7% of traffic on the nation’s highways. Not surprisingly, they also account for a disproportionate amount of traffic fatalities. Semi trucks and tractor trailers are involved in 15% of all traffic deaths in Missouri.

There are several reasons for this overly high rate of deaths in Missouri tractor trailer accidents. The most obvious is simple physics. Tractor trailers are large, imposing vehicles that do more damage to other, smaller passenger cars when an accident occurs. If you examine many of these accident cases, you will also see that truck drivers and trucking companies are often guilty of violating Federal regulations meant to prevent accidents.

While many truck drivers do the right thing and follow these regulations, those that don’t need to be held accountable. Victims of tractor trailer crashes should have their case reviewed by an experienced Missouri tractor trailer accident attorney. A skilled lawyer will be able to examine your case and find any violations of federal law that contributed to your accident. Many attorneys even offer free legal consultations to explain your rights with no obligation to hire.

Bookmark and Share

October 16, 2009

St. Louis policeman dies from injuries sustained in crash with tractor trailer

Julius Moore, 23, an officer with the St. Louis Police Department, died Thursday evening from injuries sustained when his patrol car crashed into a tractor trailer last week.

According to a St. Louis Post Dispatch report, Moore had never regained consciousness after the crash and his family made the difficult decision to take him off life support.

The crash occurred last Tuesday when Moore’s patrol car hit a tractor trailer at the South Broadway and Arsenal intersection. Moore was responding to a call and had lights and sirens on while racing to the scene of a burglary. Moore was traveling southbound along with the tractor trailer when the truck driver attempted to make a right turn. The tractor trailer hit Moore’s car and forced it off the road and into a traffic light.

The truck driver was not injured in this St. Louis tractor trailer crash, according to the Post Dispatch. He has been cooperative with authorities and sources cited in the report don’t expect him to face any charges, though the investigation into this incident isn’t complete. An accident reconstruction team is still working on a report and will examine the vehicles’ speeds, debris patterns and computer simulations to determine the specifics of the crash. A full report probably won’t be done for up to 12 weeks.

Police officials have said that it is too early to assign fault to either Moore or the truck driver. Once the reconstruction team's report is finished we will know more, but at the moment, we don’t know how fast the vehicles were going or when Moore turned on his sirens. Many other details need to be fleshed out before liability can be determined.

By all accounts, Moore was a dedicated officer and he died from injuries sustained while performing his heroic duties. This is no doubt a hard time for the Moore family and the St. Louis Police Department.

This case, like most Missouri tractor trailer injury accidents, is very complicated. If you have been the victim of a tractor trailer crash, you should contact a St. Louis personal injury lawyer as soon as possible to learn your rights as the injured party. Keep in mind that any information you divulge prior to talking to a lawyer may be used to limit the payment you receive to cover medical expenses.

Bookmark and Share

October 14, 2009

Resources for tractor trailer accident victims

One of the most powerful tools to have as a victim of a tractor trailer accident is information. Doing just a little research for yourself will lessen your chances of being taken advantage of by those in supposed positions of power. Having knowledge can level the playing field between the little guy and the big corporation with lots of professional backup.

Fortunately, many resources can be found online to help educate you about the commercial trucking industry, their laws, and who can help you if you or someone you love is injured in a Missouri tractor trailer crash.

The Federal Motor Carrier Safety Administration’s website is a great place to go for basic information on the commercial trucking industry in the United States. The FMCSA oversees the industry and has regulations that all trucking companies should follow to avoid accidents. Unfortunately, all too often these rules aren’t followed and the results are tragic.

Within FMCSA’s site, be sure to check out the Analysis and Information section for all the statistics on tractor trailer accidents.

Another section of the site that you should pay close attention to is the Rules and Regulations page. Here you’ll find a comprehensive listing of the rules that a truck driver must follow.

If you want to look up a particular company’s profile to see how many safety violations they have, you can check the SAFER database. Be aware that the basic information is free, but comprehensive company details do cost a fee.

Finally, if you believe that you were the victim of an accident that was caused by a truck driver’s negligence or an oversight on the part of his company, contact a Missouri truck accident lawyer as soon as possible to discuss your rights. Many offer free consultations to discuss your tractor trailer accident case and will be able to advise you on your next step.

Bookmark and Share

October 12, 2009

Mechanical failures a major cause for tractor trailer crashes

Mechanical failures are the number two cause of tractor trailer injury accidents in the United States, according to data compiled by the National Highway Safety Administration. Driver error is still the most common contributing factor to crashes, but some studies show the rate of mechanical failures is on the rise here in Missouri.

Of the different types of mechanical failures that could cause a Missouri tractor trailer crash, the most common, by far, was brake failure. Brakes on a vehicle that could be hauling thousands of pounds of cargo should be the most scrutinized mechanical device on the road, but every year we see drivers and trucking companies skipping inspections to save on costs or time. As a result, we also see lots of accidents, injuries and fatalities that could have been prevented.

There are already regulations provided by the federal government designed to prompt drivers to have their trucks inspected. These regulations save lives and in areas where truckers are strictly held accountable to these rules, we see a sharp decline in accidents. During the 1990’s, Georgia stepped up its enforcement of tractor trailer inspection laws, specifically on logging trucks. As a result, the rate of accidents by mechanical failure was cut in half. The lesson is that industries held accountable for their actions will respond.

Aside from federal regulation, another way to hold negligent trucking companies accountable is through the civil justice system. In the wake of a tragic accident, your first thought might not be about hiring a Missouri truck accident attorney. While you and your family’s medical care come first, it is important to begin any legal investigation into your case as soon as possible. These matters are time sensitive and it is imperative that the truck inspection records, the driver’s log book, and other important info is gathered before it is lost forever.

Bookmark and Share

October 6, 2009

Tractor trailer crashes into bus in Missouri

Many parents are counting their blessings this morning after what could have been a serious and tragic accident.

A tractor trailer crashed into a school bus in Branson on Tuesday morning, according to a Branson Daily News report. Fortunately, no injuries were reported in this Missouri tractor trailer crash.

The accident occurred on Missouri 248 as the school bus was traveling westbound on its route to pick up students for the start of the school day. It had stopped to allow some children to board when a tractor trailer that was following behind was unable to stop. When the truck driver, who was not identified, realized he wouldn’t be able to slow down in time, he swerved to try and avoid a collision. Despite the evasive maneuver, the front of his big rig still hit the left rear of the bus.

According to Missouri Highway Patrol officials cited in the Branson Daily News report, the tractor trailer driver had suspected there might have been some mechanical problems prior to the crash. Specifically, there seemed to be some issues with the brake lines that prompted the driver to inspect them in a parking lot earlier in the day.

Local authorities are still investigating the accident and a full detailed report is not yet available.

While we should all be thankful that no serious injuries came of this Missouri school bus accident, these situations occur all too often to ignore. Working as a tractor trailer accident attorney I hear stories all the time of a truck driver, under pressure from his company to deliver a shipment on time, who ignores mechanical red flags that later turn into devastating crashes.

We will have to wait for the full report to determine whether the driver should have performed maintenance on his brakes before driving, but even if that is not the case in this accident, the fact is nearly 30% of tractor trailer crashes are caused by improperly maintained brakes.

If you have been involved in an accident with a tractor trailer that may have been improperly maintained or driving in violation of Federal Motor Carrier Regulations, you should find a personal injury lawyer as soon as possible to learn your rights and see what steps you can take to hold the trucking company responsible for their negligence. Many attorneys offer free personal injury consultations that can help you become better educated on the law before making such an important decision.

Bookmark and Share

September 29, 2009

Steps to take after a Missouri tractor-trailer crash

red%20truck.jpg

Being involved in a serious car accident can be one of the most traumatic experiences of anyone’s life. In the moments after an accident people are often disoriented and dealing with stress, fear or shock. Most people, though, don’t plan how to handle a situation like that until it actually happens. While it is unpleasant to think about, taking a few minutes to mentally walk through the steps you should take after a serious tractor-trailer injury accident will allow you to better handle the situation should it ever arise.

Immediately after the accident you should take a second to assess the situation. Your safety and the safety of everyone involved is the most important consideration so gather your composure, check yourself for injuries, and if you are still in harm’s way, move to safer ground if you are able.

Call 911 to request emergency help and wait for it to arrive. Even if you are not seriously injured do not leave the scene of the accident. It is against the law to leave the scene of a Missouri car accident you were involved with.

Once paramedics arrive, give them as much information as possible. If you can, tell them how many people are injured and the extent of their injuries. If you are injured, make sure to tell the paramedic that you need medical attention and explain every detail so they know how best to treat you. Listen to their instructions and follow them carefully so that you get the proper treatment.

The police may ask you for a statement at the scene. It is important to be truthful in your statement, but do not admit fault. Even if you think you were at fault, there may have been other factors in play that caused the accident that you didn’t even know about. Give just the information you are sure about and if you don’t know something, or feel too stressed to give an accurate answer, tell the officer that you would like to give your statement after you’ve had time to calm down. Make it clear that you are not refusing to offer a statement, but that you can’t offer a valid statement due to your mental state.

As soon as you can, contact your insurance agency and then start gathering information. Get information about the other vehicles and drivers, but do not share your insurance policy limits. In tractor-trailer crashes it is important to get information about the truck, what carrier company it is operated under, and who was driving. All truck drivers are supposed to keep log books to make sure that they do not violate any Federal Motor Carrier Regulations, but that is something the authorities will inspect.

Keep records of all your medical treatments and visits to the doctor as a result of the crash. If you thought you felt fine immediately after the crash, but are feeling pain days later that may be related, go see a doctor as soon as possible. It is not unusual to have lingering internal damage that is not readily apparent at the time of the crash.

You may then want to hire a personal injury attorney to investigate your case to ensure you receive the recovery you are entitled to. It is important to at least consult an attorney on car or tractor-trailer crashes to learn your rights because insurance companies will be looking for ways to reduce their claims and larger commercial shipping companies will have lawyers on staff working to protect their own interests. If you act quickly and give the attorney all the information of your case, you will have a much better chance of receiving the payments you deserve to cover the medical bills and recover quickly from your crash.

Bookmark and Share

September 12, 2009

Three tractor trailers involved in Mid-Missouri crash

Two truck drivers were seriously injured Saturday after a Missouri tractor trailer crash involving three trucks on Highway 54 in Camden County, Missouri.

According to the Missouri State Highway Patrol, the accident occurred at the intersection of Highway 54 and Carnahan Road where traffic had backed up due to construction. Brian Keith, 42, who was traveling westbound in a 1987 Freightliner Truck, was stopped in the traffic when another truck approached from behind. The second tractor trailer, a 1988 Freightliner driven by Brian Ray, 37, was unable to stop behind Keith’s truck and had to swerve to avoid an accident. Unfortunately, as Ray swerved to avoid the collision, he entered oncoming traffic where he collided head-on with a 2007 International Truck, driven by Larry Burk, 63.

Ray and Burk were seriously injured and taken to St. John’s Hospital in Springfield. Though Keith’s truck was also damaged, he managed to avoid any injury.

The initial crash report does not indicate why Ray was unable to stop for the construction. There may have been some mechanical problems with the truck itself, the load may have been too heavy or Ray could have simply been inattentive at the wheel. These possibilities are still under investigation.

If an investigation into the accident reveals negligence on the part of any driver, the injured parties may be able to contact a Missouri truck accident lawyer to help recover damages needed to pay for medical expenses, lost wages or any other financial hardships arising from the accident.

Bookmark and Share

September 9, 2009

Pennsylvania man is dead after truck crash

Roger Walters, 48, was killed Wednesday when the pickup truck he was riding in was slammed into by a larger box truck on Route 837 in Union Township, Pennsylvania.

According to a WPXI report, a box truck driven by an unidentified driver crashed into two pickup trucks, including Walters’, in the northbound lane of Route 837. Walters was thrown from his pickup and pronounced dead at the scene.

No word has been released on the status of the box truck driver or the other pickup driver.

Local authorities are sill investigating the crash to determine exactly what happened and why the driver of the box truck may have lost control.

Box trucks are the type of moving trucks rented out by companies like Uhaul among others. They are smaller than a tractor trailer, but since they are larger that most other passenger vehicles, they can cause serious damage or injury in a crash.

Authorities will likely look into any potential mechanical problems with the truck as well as the state of the driver. If they find that negligence on the part of the driver or the box truck company was to blame for the accident, Walters’ family may be able to pursue a wrongful death claim and recover damages that can be used to cover funeral costs and other expenses. Further investigation by a truck accident attorney will be needed to sort out the legal issues involved with any potential claims.

Bookmark and Share

September 3, 2009

New study shows high rate of trucking law violations

truck.jpg

A new study released by the American Association for Justice has revealed that over 28,000 commercial motor carrier companies operating in the United States have violated at least one federal safety regulation. Potentially 200,000 trucks have been or currently are operating in violation of these safety laws.

The safety regulations put in place by the Federal Motor Carrier Safety Administration are designed to reduce the number of deaths and serious personal injuries caused by tractor trailer crashes. These regulations include checks on driver competency, hours of service regulations, and regular mechanical inspections.

Some of the violations in the study include defective brakes and tires, excessive or dangerous shipping loads and drivers operating under the influence of drugs or alcohol.

As we’ve stated on this blog in the past, keeping a close watch on the motor carrier industry is important because of the risks involved. Large commercial shipping vehicles are simply more dangerous than smaller passenger cars. One statistic pointed out by the AAJ says that trucks account for only four percent of the traffic in the U.S., but are involved in 12 percent of traffic fatalities.

Another concern raised by the study is the level of insurance carried by these shipping companies. In the event of a catastrophic accident with a tractor trailer, the injured party might be in for years of expensive recovery and rehab. The minimum liability insurance required of trucking companies, which was set 29 years ago, may not be enough to compensate people for these medical expenses.

This last fact is why it’s so important to consult a truck accident lawyer as soon as possible if you or a loved one are involved in an accident with a tractor trailer. An experienced personal injury attorney will be able to examine your case, find any federal violations that may have contributed to the accident, and fight for you to receive a damage award that will offset your medical expenses.

Bookmark and Share

August 29, 2009

One Illinois woman is dead and three other residents injured in separate tractor trailer crashes

Two accidents involving tractor trailers over the past few days have affected the lives of residents in Illinois.

The first and most tragic incident was the death of an Illinois woman who was riding on a motorcycle Saturday near Binghamton, N.Y. While the name of the 57-year-old woman has not been released, local media has reported that she was riding on the back of a motorcycle with a man named David Minter, 52, also a resident of Illinois. According to a WCAX.com report, Minter had to swerve to avoid a collision with a trash can that had been left in the road. As he did so, the bike slid out of control and into the path of a tractor trailer.

The woman was pronounced dead, though Minter managed to survive the tractor trailer crash without sustaining life-threatening injuries.

Debris left in the roadway can be a very dangerous hazard that causes many personal injuries and accidents each year. If the person responsible for losing the debris is ever found, they could be held liable for negligently leaving an obstacle in the roadway. Unfortunately, most of the debris found on the nation's highways does not have any distinguishing characteristics that allow investigators to trace the owner. If the trash can in this situation does have some identifying marks, a personal injury attorney may be able to further pursue damages from the person who left it in the road. Much more investigation into the specifics of this crash has to be done before that is a possibility.

The second accident involving a tractor trailer took place Thursday in St. Charles, Ill. at the intersection of East Main Street and Kautz Road. A St. Charles Republican report said that a tractor trailer, driven by Brent Collins Cooper, 51, failed to stop at the traffic light and crashed into a Ford pickup truck that was in the intersection. The driver of the pickup thankfully just suffered relatively minor injuries. The tractor trailer driver was also fortunate to not have any life threatening injuries, though he was treated for broken ribs at a local hospital.

Traffic was stopped for two hours while officials towed the vehicles and cleared the streets.

Cooper was issued a citation for failing to obey traffic laws and not wearing a seat belt.

Bookmark and Share

August 23, 2009

Motorcyclist killed in accident with semi-tractor

A Texas man was killed Sunday when his motorcycle hit a semi-tractor near Arlington, Texas.

The man, whose name was not yet released, crashed into the semi on Interstate 20 in Texas. He was thrown from his bike and crossed the median where he was found and pronounced dead at the scene.

The driver of the truck, which was not hauling a trailer at the time of the fatal motorcycle accident, was treated for non-life threatening injuries.

Often a personal injury or wrongful death lawsuit involving a motorcycle crash will occur because the other vehicles on the road will not see the smaller motorcycle and cut it off or run it off the roadway. Still other times the motorcyclist may have been making a dangerous maneuver and caused the accident himself. Personal injury attorneys and trained professionals should be contacted to investigate these accidents to see if a negligent action caused the injury.

In the case of the Texas crash, investigators had shut down the highway to gather evidence and try to determine the cause of the crash. It is not known at this time who was at fault in this particular case.

Bookmark and Share

August 20, 2009

Avoiding tractor trailer accidents

ambulancenight.jpg

Working as a St. Louis personal injury lawyer, you hear a lot of tragic stories from people that have been victims of an injury accident or lost a loved one to someone else’s negligence. Tractor trailer crashes in particular cause the most devastating injuries to the passengers of non-commercial vehicles. While legal representation from a tractor trailer accident attorney may be able to recover damages after a crash, it’s always best to avoid these accidents all together.

When driving near a large commercial truck you have to respect its size and lack of maneuverability. They are just not as quick as smaller passenger cars. When hauling tens of thousands of pounds, they can’t exactly stop on a dime either. Give them plenty of space on the highway and if at all possible, don’t ride directly in front, behind, or to the sides of the truck.

Always think a step ahead if you have to drive past a truck. What lanes are open if the truck driver doesn’t see you and tries to merge into your lane? If the truck starts to jackknife, should you slam on your brakes or is there space to maneuver around the side? Always be game planning different situations in your head. Most of the time you won’t need to use these evasive maneuvers, but there’s always a chance you might have to.

It’s also a good idea to show the truck driver respect. It is a challenge to keep these large vehicles under control and they have to have constant concentration to avoid a fatal tractor trailer accident. Don’t get angry if you are stuck behind a truck for a couple of minutes and try to blow past him the second an opening appears. This may put you in a dangerous situation.

Most truck drivers do an admirable job, but the ones that aren’t as focused can cause serious problems. The average passenger car driver is not at fault in 4 out of 5 tractor trailer accidents involving other cars, though they are often the one to sustain injury. Use these tips and others you might find from highway safety guides to try and protect yourself from personal injury.

Bookmark and Share

August 13, 2009

Tractor trailer crash in western Pennsylvania kills two

Gary and Tracey Smith of New Bethlehem, Pennsylvania were killed Saturday when a tractor-trailer crossed the median and crashed into their car.

This fatal tractor trailer crash occurred on State Route 22 in Blair County, Pennsylvania at around 3:30 p.m. The tractor trailer was heading eastbound and, for an unknown reason, crossed the median into the westbound lanes.

Gary and Tracey Smith were pronounced dead at the scene. Their 8-year-old child, Sam, was seriously injured and taken to Children’s Hospital in Pittsburgh. The truck driver, Gregory D. Nagy, did not suffer serious injury.

Pennsylvania state police are still investigating the cause of the crash and will perform a reconstruction to try and determine why the tractor trailer suddenly veered into oncoming traffic.

If it is determined that there was negligence on the part of the truck driver or the trucking company, the family of the deceased may be able to recover damages to pay for funeral expenses and other costs related to this tragedy.

A personal injury attorney should be contacted immediately so that all the evidence from the current investigation is preserved. A useful tool in determining whether any motor carrier violations were neglected is the driver’s log book. It will be able to show whether the driver was operating his tractor trailer on short rest or if he had it serviced by a certified mechanic before the crash. These logs are only required to be kept for a limited amount of time so a trucking accident lawyer needs to obtain them as soon as possible.

The Bradley Law Firm, based in St. Louis, handles tractor trailer accidents nationwide and has over 30 years of experience working on personal injury cases related to the trucking industry.

Bookmark and Share

July 1, 2009

The basics of truck accident lawsuits

422866_accident.jpg

Truck and tractor trailer accidents can be devastating physically, emotionally and financially for those involved. The large size and weight of many of these commercial transport vehicles means that crashes are more likely to cause a serious injury or death.

As a result of these facts, truck accident lawsuits are handled differently than car accident personal injury lawsuits and different laws apply.

The big difference between an accident with another person in a personal car and a tractor trailer is that the tractor trailer company running the truck probably has a group of highly paid lawyers and investigators on stand-by to quickly resolve any accidents. Within hours, these experts will begin investigating the accident and looking for any way to reduce the amount of damages paid by the trucking company.

If you or a family member is involved in an accident with a tractor trailer, you may begin receiving calls from adjusters and the trucking company’s private investigators in the days immediately after the incident. Do not give any statements or information to these investigators until you have consulted a personal injury attorney. Those investigators are paid to represent the trucking company so in all likelihood the information you give them will be used to limit the amount of damages you receive.

The one advantage you have against the truck company is that they must operate under stricter federal guidelines than the average driver. Many times their negligence to follow these guidelines is what led to the accident in the first place. A skilled truck accident lawyer will be able investigate a crash and uncover any violations of federal law.

There are many avenues to pursue a lawsuit as well. You may be able to recover damages from the driver himself, the truck company and the owner of the trailer depending on the circumstances surrounding the accident.

Bookmark and Share

June 28, 2009

The exceptions in Missouri trucking laws

truck_delivery.jpg

The Federal Motor Carrier Safety Administration oversees tractor trailers and other large shipping vehicles all over the county. You can find a listing of every federal motor carrier law on their website.

Each individual state, however, can legislate their own specific rules that can tweak the laws set by the FMCSA. Here in Missouri, there are a few notable exceptions to the federal laws.

The first has to do with the Hours of Service laws that govern how long a driver can be behind the wheel. These laws are designed to make sure drivers are not driving on short rest when they are more prone to causing a truck accident that could result in serious personal injury or death.

Missouri has adopted many of the Hours of Service laws, but they make an exception for farmers and agricultural supply transporters during the harvesting seasons. If you are traveling within a 100 mile radius within the state lines during this period there is no maximum number of on-duty hours.

Missouri also says that a driver must be at least 18 years of age to get a trucking license (CDL or Class E) but this requirement is raised to 21 years of age if the driver is moving hazardous chemicals or other dangerous material. This varies from the federal law and several other states’ laws.

With all the subtle changes in laws from state to state, it’s important to find someone who is well versed in Missouri’s specific laws. If you are injured in an accident with a tractor trailer, be sure to find an experienced Missouri truck accident attorney who can navigate the states unique laws

Bookmark and Share

June 20, 2009

Truck driver logs

big%20rig.jpg

With thousands of big rig tractor trailers crossing America’s highways everyday, the number of injury accidents involving these large vehicles has increased. That’s not to say all truck drivers are negligent. Just the opposite, in fact, as most drivers are very safe. Still, the size and power of tractor trailers means accidents usually result in serious injury or death.

To help regulate the trucking industry and prevent these catastrophic accidents, the government has mandated that all truck drivers keep meticulous logs of their driving. By documenting all of their driving, authorities can be sure the driver is not breaking any Federal Motor Carrier Regulations.

A truck driver’s log must contain the following information:
- Total miles driven daily
- Tractor trailer ID number and carrier
- Driver certification
- Information on co-driver (if applicable)
- Total hours driven daily
- Shipping/cargo information

In the event of an accident, these logs can be examined by a personal injury lawyer to see if the driver was driving longer than his mandated limit.

Anybody involved in an accident with a big rig should contact a trucking accident attorney as soon as possible so that these log books can be obtained before they are manipulated or destroyed. Again, most drivers and their carriers are honest people, but some will try to cover up violations. Also, carrier companies are only required to keep the logs on file for 6 months, after which they can be destroyed.

Bookmark and Share