Missouri Truck Accident Lawyer Blog

Large Truck’s Lane Change on I-70 Injures One Driver and One Minor

Thu, 17 May 2012 23:41:31 -0600

Two Missouri residents were injured in a lane change accident on westbound Interstate 70 when a large truck struck their vehicle. The accident occurred in Jackson County on April 28, 2012 at 6:30pm.

Shortly before the accident, a 2010 International Truck driven by Earl E. Wilson (from Shawnee, Kansas) was traveling westbound on I-70 west of Woods Chapel Road. Robert G. Driver (from Raytown, Missouri) was driving a 1993 Mercury and was also traveling westbound on I-70. Driver was traveling slightly in front of Wilson’s large truck in an adjacent lane. The collision occurred when Wilson attempted to change lanes. Unfortunately, the International Truck collided with Driver’s Mercury during the lane change. Driver’s vehicle subsequently spun out of control as a result of the collision. The vehicle stopped when it struck the concrete barrier. The International Truck suffered minor damage and the Mercury suffered from moderate damage.

Driver and his passenger, eight (8) year old Lawna B. Castro, suffered injuries as a result of the accident. Both parties did not require immediate medical attention and were released from the scene. Missouri State Highway Patrol notes that an investigation in the nature of this accident is ongoing and that criminal charges are pending.

The National Highway Traffic Safety Administration’s surveys recently found that a greater amount of accidents with fatalities usually occur from 6pm to midnight. There is a greater risk for a Missouri truck accident at 6pm (including outside factors like rush-hour traffic) than other times. Missouri drivers traveling on Interstates during this time must exercise caution while driving near large trucks as a large truck vehicle accident is certainly possible.

When driving with children on highways, drivers need to make sure that any passenger child is properly protected and restrained in compliance with Missouri’s driving safety laws. For instance, Missouri statute § 307.178 requires safety belts to be worn by both the driver and front seat passengers. Missouri authorities have the power to give infractions and fines to drivers and passengers who violate this basic safety rule.

Statute § 307.179 imposes special requirements for child passengers. Younger children may require specific infant restraint seats, to be seated in the back seat rather than the front passenger seat, or be restrained by a safety belt regardless. Missouri authorities seriously emphasize these safety requirements and can fine any driver who did not properly restrain a child in a vehicle. The National Highway Traffic Safety Administration recommends that drivers should have children under the age of 12 to ride in the back seat of a vehicle at all times. Following this basic safety rule can ensure that a child passenger will not be a fatality in a Missouri truck accident. If you followed these rules and you were injured in a Missouri truck accident, please consult a Missouri truck accident lawyer.

FMCSA Orders Georgia-Based Trucking Company to Cease Operations

Wed, 16 May 2012 23:39:06 -0600

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.

Missouri Truck Driver Fails to Stop at Intersection Stop Sign at US 63, Seriously Injures Two

Tue, 15 May 2012 23:34:45 -0600

A male and female both from Rolla, Missouri were seriously injured in a truck accident on U.S. Route 63 and Route K in Cairo, Missouri. The accident occurred on April 27, 2012 at 3:43pm in Randolph County.

A 2002 International Truck driven by Michael R. Basler attempted to cross into U.S. Route 63. Basler failed to stop at a stop sign and crossed into U.S. Route 63. At the same time, a 1999 Ford driven by Jared T. Taylor was traveling on U.S. Route 63 at the moment Basler crossed into Route 63. Taylor was also traveling with Candice L. Saultz at the time of the accident. Basler crossed into the path of Taylor’s vehicle and Taylor’s 1999 Ford struck Basler’s International Truck. After the collision, both vehicles slid into the median of Route 63. Both vehicles suffered extensive damage as a result of the collision.

Missouri State Highway Patrol and Randolph County First Responders promptly arrived to the accident site. Taylor, Saultz, and Basler were all seriously injured as a result of the collision. Randolph County Ambulance transported Taylor and Saultz to University Hospital in Columbia, Missouri. Basler was transported to Regional Hospital in Moberly, Missouri for medical treatment related to the Rolla Missouri truck accident.

According to the National Highway Safety Administration, intersection crashes commonly occur because activities like crossing over or turning left or right can result in driving “conflicts” between motorists. Making sure to stop at a stop sign and yield to oncoming traffic in an intersection is a fundamental, but very vital aspect of driving any type of motor vehicle. Failing to yield to oncoming traffic in an intersection can most times result in an accident that either causes serious bodily injury to all victims involved or can even result in automobile fatalities. The duty for truck drivers to follow this rule is even more important. Due to their length and bulk, massive trucks can obscure and block the entirety of an intersection, potentially heightening the risk for accidents for all lanes of an intersection. The National Highway Safety Administration notes that large trucks account for almost eight (8) percent of all fatal crashes in the U.S. and five (5) percent of all injury crashes in the U.S.

Missouri Statute § 304.351 requires all drivers to yield the right-of-way to other vehicles when approaching an intersection. Subsection 4.2(a) of this law also requires all drivers to stop either at a clearly marked stop line or at a stop sign. Large truck drivers violating this law can highly endanger the lives of all motorists due to the truck’s large size. Large truck drivers are not immune to the Missouri rules of the road and failure to follow even the most fundamental rules can potentially make a truck driver be liable to injured parties in a Missouri truck accident lawsuit.

Truck Driver Causes Lane Change Accident on I-55

Thu, 15 Mar 2012 12:19:10 -0600

A truck driver slammed into a passenger vehicle during a lane change, causing a St. Louis County truck accident. The truck accident occurred on northbound Interstate 55, south of Butler Hill Road.

Kenneth L. Lox of Arnold, Missouri attempted to change lanes in a 2006 Kenworth. During the lane change, the Kenworth crashed into a 2006 Chrysler Sebring. The driver of the Chrysler sustained the only injuries in the accident. Jeff A. Wicker, 49, was transferred to St. Anthony’s Medical Center.

Truck drivers have a duty to exercise due care when changing lanes. Tractor trailers and semi-trucks are substantially larger than passenger vehicles like SUVs and cars. If a large truck negligently attempts to change lanes and crashes into a smaller vehicle, the smaller vehicle may be totaled. The occupants of the passenger vehicles are likely to suffer foreseeable injuries as well.

Truck drivers should make sure that their blind spots are empty before attempting a lane change. Large trucks have extensive blind spots, so truck drivers must work harder to ensure that they are empty. Drivers of passenger vehicles may check their blind spots sufficiently by looking over their shoulder, but truck drivers must do more. When truck drivers cause accidents by failing to sufficiently check their blind spots before a lane change, a St. Louis truck accident attorney can hold that truck driver accountable in a court.

Truck’s Brake Failure Causes Three-Vehicle Missouri Truck Accident

Tue, 13 Mar 2012 21:30:23 -0600

A tractor trailer’s mechanical failure was the cause of a three-vehicle chain reaction truck accident in Saint Louis County. The accident occurred on Interstate Highway 270, less than a mile west of Interstate Highway 170.

The West County accident involved three vehicles – a 2004 Chevrolet Malibu, a 2000 Freightliner FLD120, and 2010 Nissan Altima. The three drivers attempted to slow down because of the morning commuter traffic on eastbound I-270. The Freightliner, however, had a mechanical failure, rendering the driver incapable of stopping it. The Freightliner crashed into the rear of the Nissan. The impact forced the Nissan to slam into the Chevrolet.

The impact of the second collision caused the Chevrolet to drive off the south side of the roadway. The Freightliner also travelled off the roadway, striking the guardrail and the Chevrolet. The driver of the Chevrolet, Tynia Mitchell of Saint Louis, was taken to DePaul Hospital after suffering moderate personal injuries.

Mechanical failures are a serious cause of major Missouri tractor trailer accidents. Mechanical failures are dangerous in smaller motor vehicles, but the sheer size of a tractor trailer makes a mechanical failure even more dangerous. When the mechanical failure impedes with a truck driver’s ability to control the tractor trailer, the public safety is at serious risk.

Several types of mechanical failure can lead to a Missouri tractor trailer accident. Brake failure is an unfortunately common cause of truck accidents. Brakes must be maintained well. Leaking brake lines, worn down brake pads, or malfunctioning ABS mechanisms may lead to an accident. Tire blowouts are also considered “mechanical failures.” Tires must be properly inflated and rotated to stay safe for public highways. If tires are not maintained, or replaced when necessary, tires can be responsible for tractor trailer accidents.

Trucking companies have a duty to maintain the quality of their fleet according to federal motor carrier regulations. Truck drivers also have legal duties in inspecting the tractor trailers that they operate. When a tractor trailer has a mechanical failure, a federal safety regulation may have been violated. Missouri tractor trailer accident lawyers understand how to wield safety violations in a lawsuit to hold negligent trucking companies and truck drivers accountable for their actions.

Loose Tire Causes Saint Charles County Missouri Truck Accident

Sun, 11 Mar 2012 19:05:12 -0600

Clinton W. Elder, 37, of Wentzville, Missouri was injured in a Missouri truck accident that occurred when a tractor trailer’s tire came off. The accident occurred on the eastbound side of I-70, near Missouri Highway K. The truck tire came off a 2006 International, driven by Paula S. Hendricks of Wood River, Illinois. The tire crossed the centerline of the roadway, crashing into the driver side of Elder’s vehicle. Elder was driving a 2008 Mazda 5. Elder was the only person who suffered personal injury in the accident. St. Charles County ambulance transported Elder to St. Joseph West hospital.

Proper tire installation and maintenance is critical for tractor trailer safety. Tire issues are responsible for a substantial amount of trucking accidents each year. Defective truck tires, improperly installed tires, and negligently maintained tires are a threat to public highway safety. In response to this threat, the Federal Motor Carrier Safety Administration (FMCSA) has created several tire-related rules and regulations.

Federal law requires that truck drivers inspect the truck’s tires on each day that the vehicle operates and write a driver vehicle inspection report. Specifically, the statute states that “every motor carrier shall require its drivers” to create the report. This language indicates that both the trucking company and its drivers may be responsible for tire-related truck crashes.

Drivers must inspect and report about more than just tires. The regulations require truck drivers to inspect and report the condition of the brakes, steering mechanisms, windshield wipers, wheels, emergency equipment, and lighting devices. When trucking companies and truck drivers fail to take these safety regulations seriously, they are negligently endangering others. If that negligence causes an injurious or fatal accident, the trucking companies and truck drivers should be held accountable.

If someone is injured or killed in a Missouri truck accident, the truck driver or trucking company may have violated federal safety regulations. Experienced Missouri truck accident attorneys understand how to investigate the safety records of both trucking companies and truck drivers.

Woman Suffers Personal Injury in Wayne County Missouri Truck Accident

Thu, 08 Mar 2012 19:19:02 -0600

Laura L. Tanner of Puxico, Missouri suffered personal injuries in a motor vehicle collision with a 1994 Freightliner on March 7, 2012. The accident occurred on southbound U.S. Highway 67 at Lodi.

The Freightliner was driven by Robert E. Anderson of Bonne Terre, Missouri. Tanner drove a 2004 Hyundai. The two motor vehicles crashed in a rear end collision. The Hyundai crashed into the rear of the vehicle. After the collision, the Hyundai crossed the centerline of the roadway. The Hyundai eventually drove off the left side of the roadway.

Tanner suffered moderate personal injuries in the accident, according to the Missouri State Highway Patrol. Tanner was taken to the Poplar Bluff Regional Hospital by ambulance.

Large commercial motor vehicles that are used in interstate commerce are regulated by the federal government. Federal motor carrier regulations require that commercial trucks are outfitted with certain features to prevent serious personal injury. Rear guards are a safety feature that the federal government requires in its effect to support highway safety.

Rear guards are designed to prevent underrides. Underrides occur when a smaller vehicle becomes lodged underneath a tractor trailer in a collision. Serious injuries are associated with underrides, including decapitation. Underrides dramatically increase the risk of serious injury in a Missouri tractor trailer accident.

Trucking companies have a responsibility to outfit their vehicles according to federal safety regulations. Trucking companies that fail to follow safety regulations may be held liable in a Missouri tractor trailer lawsuit. Experienced Missouri truck accident lawyers understand how to review a trucking company’s safety record to uncover previous safety violations.

St. Peters Woman Injured in Missouri Double Truck Accident in St. Charles

Tue, 06 Mar 2012 20:53:10 -0600

Tameya C. Bibbs of St. Peters, Missouri was injured in a St. Charles Missouri truck accident on March 5, 2012. The afternoon accident involved three vehicles, including two large commercial trucks.

The Missouri truck accident occurred on eastbound I-70 at Mid Rivers Mall Drive. Bibbs was driving a 2007 Ford Escape while wearing a seatbelt. Two commercial trucks collided in front of her vehicle. Bibbs crashed into the rear of the collision. The trucks collided when the 2005 Freightliner M2 in front slowed for traffic. The second 2005 Freightliner M2 slammed into the rear of the first Freightliner.

Bibbs suffered the only personal injury in the accident. The two truck drivers – Kansas driver Eric L. McClure and Illinois driver Robert M. Ganz – were unharmed, according to the crash report by the Missouri State Highway Patrol.

If you are injured in a Missouri truck accident, make sure you hire a knowledgeable Missouri truck accident lawyer. Missouri truck accident liability is not the same as car accident liability. In the typical car accident, the two drivers are driving their own personal vehicles, or the personal vehicle of a friend or family member. In semi-truck accidents, the truck driver is often driving the commercial motor vehicle while working. This issue can complicate the lawsuit, since the truck driver’s employer may become a party to a lawsuit.

In typical car accidents, the tort law of the state in which the accident occurs primarily determines liability. Trucking companies and truck drivers, however, are strictly regulated by the federal government. Experienced Missouri truck accident lawyers will understand how federal, state, and local laws affect a particular accident. A general personal injury attorney may not fully understand how complex truck accident liability truly is.

FMCSA Shuts Down Midwestern Commercial Truck Company

Sat, 25 Feb 2012 23:18:31 -0600

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

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

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

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

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

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

FMCSA Strengthens Trucker Drug Restrictions

Thu, 23 Feb 2012 22:30:38 -0600

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

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

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

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

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

Fatality in Fiery Missouri Semi-Trailer Accident

Tue, 21 Feb 2012 15:24:39 -0600

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

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

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

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

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

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

Two Injured when Truck Strikes Two Vehicles on I-44

Sun, 19 Feb 2012 23:28:18 -0600

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

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

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

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

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

St. Louis County Truck Accident Injures Two

Thu, 16 Feb 2012 22:56:03 -0600

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

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

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

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

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

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

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

Drowsy Truck Driver Causes Missouri I-70 Truck Accident

Tue, 24 Jan 2012 21:57:08 -0600

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.

Four Suffer Personal Injury in Audrain County Missouri Truck Crash

Thu, 05 Jan 2012 21:53:41 -0600

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.