Missouri Truck Accident Lawyer Blog

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) recently ordered a Georgia-based trucking company, Judson Mobley Logging, Inc., to cease all its operations for its continuing violations of several federal safety regulations. Judson Mobley engaged in interstate commerce and operated across state lines. FMCSA’s decision in shutting down Judson Mobley makes Missouri roads much safer and prevents Missouri semi-truck accidents.

In January 2012, FMCSA conducted a thorough and extensive review of Judson Mobley’s operations in terms of drug and alcohol testing for its drivers, maintenance of their transportation vehicles, and driver qualifications in general. According to the FMCSA’s Safety Measurement System, Judson Mobley continually disregarded the federal requirements for vehicle repair and maintenance and driver fitness. Judson Mobley did not have any kind of vehicle maintenance program and it could have been possible that the drivers were operating broken down, unsafe large trucks. Judson Mobley also never implemented any kind of alcohol or controlled substance testing for their drivers to make sure that the drivers could operate large trucks safely. Finally, Judson Mobley’s drivers did not possess the basic employment, medical, or driver credentials needed to operate large trucks. FMCSA ordered Judson Mobley to cease all operations on January 30, 2012 and gave Judson Mobley an “Unsatisfactory” safety fitness rating.
However, Judson Mobley continued its operations despite the FMCSA’s order. On April 30, 2012, one of Judson Mobley’s tractor trailers crashed into another tractor trailer on US Route 301 in South Carolina. The other tractor trailer was transporting a U.S. military airplane. South Carolina police discovered over twenty vehicle maintenance violations including the vehicle possessing defective brakes. This accident prompted FMCSA to issue a second order for Judson Mobley to cease operations. FMCSA stated that Judson Mobley’s “continued and blatant disregard” for federal safety requirements established an “imminently hazardous and potentially deadly risk for . . . drivers and the motor public.”

Since Judson Mobley operated across state lines, it was an “imminent hazard” for the public. This includes Missouri drivers. Judson Mobley’s multiple safety hazards included employing under-qualified large truck drivers, failing to test drivers for drug and alcohol use, and allowing poorly maintained vehicles to be driven on roadways. Just as the April 30 accident shows, operating a poorly maintained vehicle can endanger the lives of all motorists.
Congress authorized FMCSA to shut down any transportation company that is an “imminent hazard” to public safety. The FMCSA administrator notes that “unsafe truck companies that jeopardize public safety have no place on our roads.” Companies that continue to disregard federal safety requirements are not safe from either the FMCSA or any victims of an accident. Injured victims can use the safety requirements in court against the company. Victims of a Missouri truck accident should consult a Missouri truck accident lawyer to see whether or not the company in question has been violating federal safety requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A federal jury in Arkansas returned a $7 million verdict in a Missouri truck accident lawsuit on November 10, 2011. The Missouri trucking wrongful death lawsuit concerned a double semi-trailer accident that occurred Arkansas.

The Missouri semi-trailer accident occurred as accident victim and plaintiff Roger Reagan of Farmington, Missouri drove a semi-trailer on eastbound U.S. 62 in Arkansas. Morgan Quisenberry, the negligent truck driver and defendant, drove across the centerline of the highway in a large semi-trailer. Quisenberry caused multiple Missouri tractor trailer accidents, striking two other vehicles before crashing into Reagan’s tractor trailer.

Reagan was able to get out of the vehicle, but he was still trapped under the truck. Reagan was surrounded by fire, injured. Rescuers pulled him the wreck but he died on route to an area hospital. Reagan is survived by his widow and two children.

The jury returned a verdict of $7 million after a five-day federal trial. The jury found that Dunaway Timber Company, Inc., the trucking company that employed Quisenberry, was responsible for 75% of the fault of the accident. Quisenberry was responsible for 25% of the fault.

This accident highlights the devastation that occurs when trucking companies fail to take public safety seriously. Dunaway Timber hired Quisenberry despite two previous license revocations. The trucking company did not train Quisenberry after hiring him. The fatal Missouri truck accident occurred within the first few weeks of Quisenberry’s employment.

Quisenberry failed to obey the Federal Motor Carrier Safety Administration’s (FMCSA’s) hours of service regulations. The FMCSA enacts and enforces strict regulations that govern how many consecutive hours a truck driver can operate a tractor trailer. Hours of service regulations are designed to prevent truck accidents and Missouri truck accident fatalities. Interstate trucking companies must obey the FMCSA’s hours of service regulations. According to an attorney involved in the case, Quisenberry had been driving hours beyond the federal daily maximum when the accident occurred.

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

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

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