Missouri Truck Accident Lawyer Blog

January 24, 2012

Drowsy Truck Driver Causes Missouri I-70 Truck Accident

A Missouri truck driver fatigue crash occurred on Interstate Highway 70 on January 24, 2012. The Missouri truck crash occurred when Ohio truck driver James E. Buford fell asleep at the wheel of a large truck. The 1993 Freightliner drifted off the right side of the interstate highway as Buford slept. Travelling off the interstate highway, the Freightliner overturned. Buford was the only person who suffered personal injury the accident. Buford was transported by EMS to the University Hospital in Columbia, Missouri for the medical treatment of his moderate personal injury. The Freightliner sustained extensive damage.

Drowsy driving is a major safety hazard in the United States. According to the National Highway Traffic Safety Administration, drowsy driving causes roughly 1,550 deaths each year. More than 71,000 people are injured because of drowsy driving. Drowsy driving committed by commercial motor drivers carries a greater potential for wrongful death and personal injury than standard drowsy driving. Commercial motor vehicles are larger and heavier than typical passenger vehicles. When a drowsy commercial motor vehicle driver steers a truck or bus into a smaller vehicle, the smaller vehicle’s occupants are put in grave danger.

The Federal Motor Carrier Safety Administration (FMCSA) enacted stricter hours-of-service regulations to counteract the negative impact of drowsy driving. Hours-of-service regulations restrict when and how long truck drivers can operate commercial motor vehicles. The FMCSA issued a new hours-of-service rule on December 22, 2011. The new rule will take effect in February. The new rule was promulgated after extensive research and includes tighter restrictions and higher penalties for negligent truck drivers.

The new hours-of-service rule will help truck accident victims show that Missouri truck drivers are liable for the drowsy driving accidents that they cause. When a negligent driver causes an accident while violating a traffic safety statute, the accident victim can used that statute violation against the truck driver in court. Truck accident victims should contact Missouri truck attorneys for advice about drowsy driving accidents and hours-of-service regulations. Our experienced Missouri personal injury lawyers provide free legal consultations to accident victims.

January 5, 2012

Four Suffer Personal Injury in Audrain County Missouri Truck Crash

A semi-truck crashed into two separate vehicles in a Missouri semi truck accident. A 2012 Kenworth semi-truck crashed into a 2003 GMC Envoy that entered into the intersection of Highway 54 and Highway 19. The GMC was attempting to turn left when the semi-truck hit it from the side. The Kenworth continued on to crash into a 1995 Chevrolet.

Four Missourians suffered personal injury in the accident. Larry L. Apperson, an occupant in the GMC, suffered the worst injuries. Apperson was airlifted by Staff for Life to University Hospital. Two other passengers in the GMC sustained moderate injuries: Zachary T. Jewell of and Randy W. Pruitt. Jewell and Pruitt were transported by ambulance to Audrain Medical Center. Wayne E. Pruitt, the GMC driver, was taken to Audrain Medical Center too. The accident victims were from Eldon, Missouri and California, Missouri. Their ages ranged from 20 to 73 years old.

Trucking accidents injure more than 100,000 people in the United States each year. Truck accident victims are more likely to suffer serious injuries than passenger vehicle accident victims. Truck accident victims may suffer from life-altering injuries backs or spinal cord. One of the worst injuries that a truck accident victim can suffer is traumatic brain injury (TBI).

TBI has the potential to negatively impact every aspect of an accident victim’s life, unlike other injuries. The brain is the control center of the human body and mind. Brain damage therefore can affect seemingly any part of the body or mind. TBI may harm an accident victim’s ability to move, speak, sleep, read, and work. TBI may even affect an accident victim’s ability to control emotions. Even a physically small brain lesion can dramatically alter an accident victim’s ability to interact with the broader environment.

TBI may be difficult to identify. The accident victim may not notice any symptoms at the scene of the accident. In fact, TBI symptoms may develop over the course of several months. Symptoms of TBI include headaches and migraines, sudden personality changes, difficulty sleeping, or loss of motor skills. The previous sentence is not an exhaustive list of the types of problems that TBI can cause.

Accident victims should always accept medical treatment for their accident injuries. TBI treatment may require hospitalization and surgery. Patients and their families should be able to invest their emotional injury into the treatment process, instead of worrying about payment and lawsuits. TBI sufferers who have been in a relatively recent truck accident should contact our St. Louis semi truck accident attorneys for a free legal consultation.

January 3, 2012

Personal Injury in Truck Accident near Moberly, Missouri

An elderly man from Paris, Missouri was injured in a Missouri semi-truck accident on December 17, 2011. The accident occurred when the Lincoln Towncar driven by 78 year old Donald G. Ragsdale of Paris, Missouri collided with a 2005 Mack Semi-Tractor Trailer. The tractor trailer was making a right turn into a private drive from westbound U.S. Highway 24. Robert R. Cooney of Plainfield, Illinois was the truck driver.

The accident resulted in serious injuries for Ragsdale. Ragsdale’s injuries were so severe that he was unresponsive at the scene of the accident. Randolph County Ambulance transported Ragsdale to the Moberly Regional Medical Center for medical treatment. Ragsdale was transferred to the University of Missouri Hospital by the Staff of Life helicopter.

Elderly tractor trailer accident victims deserve compensation for their injuries, just like any other accident victim. The age of the accident victim should not have any effect on the accident victim’s recovery. Whether a truck accident victim receives compensation should be entirely dependent whether the conduct of a negligent truck driver or trucking company caused their injuries. However, some jury members may wonder: should senior citizens be allowed to drive?

Elderly truck accident victims should obtain the services of an experienced Missouri truck accident attorney to fight against ageist arguments. When a senior citizen is injured in a truck accident, some people automatically assume that the elderly driver caused the accident. A substantial portion of the population believes that senior citizens should stop driving. However, many senior citizens are safe drivers who happen to be involved truck crashes caused by negligent truck drivers.

Truck accident attorneys can show that an elderly truck accident victim is a safe driver. The attorney may use evidence from accident reconstruction experts to show that the elderly driver did not cause the truck accident. The attorney may use the truck accident victim’s record to show that the accident victim is generally responsible. Missouri has a shortened driver’s license renewal period for older drivers. Drivers 70 years old and older have to get their license renewed every three years. When an elderly truck accident victim has an up-to-date license, the elderly truck accident victim appears to take driving seriously.

January 1, 2012

Illinois to Increase Traffic Law Enforcement in 2012

The Illinois State Police recently announced that they will ramp up traffic enforcement in 2012. Specifically, they will focus on the most common traffic law violations that affect the safety of Illinois’s public roadways: failing to wear a seatbelt, driving while intoxicated speeding, and distracted driving. If these enforcement actions fail to prevent a truck accident, accident victims should contact a Missouri truck accident attorney.

Failure to wear a safety belt is a dangerous behavior that the State of Illinois plans to curb. A new Illinois law requires both drivers and passengers of motor vehicles to wear a seat belt. The new law takes effect on January 1, 2012. 26 other states and the District of Columbia also require all vehicle occupants to wear a seat belt. The Illinois version of the law exempts taxicab passengers, emergency vehicle occupants, and people with medical exemptions.

Driving while intoxicated greatly increases the risk of a Missouri truck accident. According to statistics from the National Highway Traffic Safety Administration (NHTSA), alcohol-related traffic crashes will involve one in three Americans. A 2002 study found that there are so many DUI accidents, one person is injured by an alcohol-related accident every minute.

Distracted driving is a major cause of car accidents. Drivers are increasingly using mobile devices while driving. Texting, using GPS devices, talking on the phone, and other activities take a driver’s limited amount of attention off the road. A quick browse of the statistics at distraction.gov, the official U.S. Government website about distracted driving, reveals the negative impact distracted driving has on public safety. One in five traffic crashes resulting in personal injury involve reports of distracted driving.

Speeding occurs when a driver operates a motor vehicle above the posted speed limit or too fast for the conditions. Speeding is a major cause of single vehicle accidents. Drivers are more likely to lose control of their vehicle while speeding. The loss of control is a particularly danger on curvy roadways and roadways slick with precipitation.

December 29, 2011

Bucklin Missouri Teen Driver Hit by Missouri Truck Driver

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.

December 25, 2011

Two Missouri Semi-Truck Accidents Occur on I-70

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.

December 22, 2011

Cape Girardeau Woman Injured in Jefferson County Rear End Truck Accident

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.

December 20, 2011

Trucker Causes Jasper County Missouri Truck Accident Merging Lanes

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.

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December 18, 2011

Trucker Left Turn Causes Jefferson County Missouri Truck Accident

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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December 15, 2011

St. Charles Missouri Teen Injured in I-44 Missouri Truck Accident

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.

December 13, 2011

St. Joseph Man Injured in Buchanan County Missouri Tractor Trailer Crash

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.

December 11, 2011

FMCSA Shuts Down another Unsafe Trucking Company

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.

 

Missouri Truck Accident Lawyer

At The Bradley Law Firm, our team of Missouri truck accident attorneys are experienced in cases involving catastrophic injuries and wrongful death claims as a result of negligent truck drivers and the hiring companies. Figuring out who to hire after a devastating injury can be very confusing. A tractor trailer crash poses complex issues involving both federal and state law. Our injury lawyers keep up to date on the most recent proposed legislation, laws, rules and regulations affecting the trucking industry. It is imperative the personal injury attorney you choose has significant experience in this very specialized area of law. Lawyers who handle truck cases like big car accidents are not only doing a disservice to their clients, they are likely committing legal malpractice.

Unfortunately, our lawyers have seen first-hand how negligent truck drivers and companies who routinely violate federal safety regulations permanently disable, disfigure and kill innocent men, women and children. This blog is dedicated to prevention of these needless injuries and deaths by educating the public about truck crashes, how they happen, how to avoid them, and exposing the underlying causes of truck accidents and the truck companies who routinely violate the rules.

Truck accident litigation is what we do. We have a demonstrated track record of success. Our Missouri injury attorneys have successfully collected multi-millions of dollars in awards for victims. We hope this blog will be a valuable resource for prospective clients and referring attorneys when deciding who will best represent their interests.

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