Trucking Accident Attorney Blog

Semi Truck Driver Falls Asleep at the Wheel Near Columbia, Causing Rollover and Spill

Thu, 17 May 2012 08:32:56 -0800

As a St. Louis tractor-trailer accident lawyer, I was dismayed but not surprised to see a report about an accident that the Missouri Highway Patrol has attributed to a driver falling asleep at the wheel. According to the Columbia Daily Tribune, an 18-wheeler turned over on Interstate 70 May 9, after the driver fell asleep and drifted off the road. The accident took place at around 2:45 p.m. near mile marker 119, closing eastbound lanes until around 4 p.m. and briefly closing one westbound lane as well. Fortunately, driver Dejaun Green of Maryland suffered only moderate injuries and no one else was hurt. The truck was totaled, according to reports, but no other vehicles were involved.

The Missouri Highway Patrol report said Green, 32, fell asleep at the wheel. Another trucker who happened to be traveling behind Green at the time said he saw Green’s truck easing over to the right more and more as it traveled. Green woke up when his truck hit an embankment, but he overcorrected, causing him to lose control and overturn on the road itself. The truck flipped onto its side, tearing up parts of the embankment and spilling its load of frozen chickens. Passers-by kicked out the front window and cut Green’s seatbelt in an attempt to pull him from the truck, but were not successful until the Highway Patrol arrived at the scene. Emergency crews later cleared the cargo from the road and contained a dangerous fuel spill from the wrecked truck. Though no one else was involved in the crash, a woman stuck in the backed-up traffic suffered a stroke and was taken to the hospital.

Falling asleep at the wheel is one of the most serious concerns about truck drivers for Missouri big rig accident attorneys like me. In fact, it’s a national concern, which is why the federal government has made rules especially intended to fight driver fatigue. Truckers are often pressured to make delivery schedules that are just not realistic, or that don’t allow for the kinds of delays that most drivers find inevitable, for things like traffic or bad weather. If they don’t make those schedules, they lose money and may even suffer penalties at work. As a result, some drivers are pressured to drive for long hours every day or skip breaks. This robs them of rest they truly need – rest that can prevent them from becoming so fatigued they can’t operate their huge machines safely. That’s why the federal government requires all truck drivers to conform to specific hours of service.

Unfortunately, it’s not uncommon for truckers, or their trucking companies, to falsify their records to make it look at if they complied with their hours of service even when they did not. When truck drivers and their employers break the law, or pressure others to break it, they are legally liable for any injuries or damages that results from the illegal and negligent behavior. That includes all injuries and property damage from the accident itself, all future medical costs, wrongful death damages and other costs. In this case, that could include any injuries created by delays in treatment for the woman who suffered the stroke. If your family suffered this kind of injury because of someone else’s bad decisions – on or off the road – you should call our southern Illinois semi truck accident lawyers right away for a free consultation.

Semi-Truck Accident Spills Diesel Fuel in Local Stream

Wed, 16 May 2012 04:30:00 -0800

A trucking accident on the northbound lanes of I-495 in Massachusetts near the Mansfield exit, held up traffic in a big way on Thursday, May 3. The Mansfield Fire Department was called out to respond to a semi-truck that had crashed and was leaking diesel fuel near the Mansfield exit. The call came in around 10:36 am. Fire responders found that the truck, a 50-foot-long vehicle, had lodged itself in nearby trees, and the fuel case was cracked and leaking diesel into a nearby stream, according to Fire Chief Boldrighini.

The driver of the semi was trapped in the cab when rescue workers arrived. Emergency crews had to use chain saws to cut the cab open and extricate the driver. He was taken to nearby medical facilities, but his injuries were apparently non life-threatening, according to Boldrighini.

Approximately 200 gallons of fuel had been spilled by the time booms and pads were put in place to contain the flow into the stream.

“Due to their efforts the leak was considered by DEP (Department of Environmental Protection) to essentially be held to a 200-300 foot area only,” said the fire chief.

Response crews, including the Massachusetts Highway Department, had to work diligently to clear away brush and tress that were entangling the truck, allowing wrecker crews to pull the vehicle away. The extrication operation disrupted traffic for several hours, but wasn't the worst of the problem. Cleanup of the diesel spill with DEP help and expertise was expected to last for several days from the time of the accident. Chemical spills are not easy to clean up and can pose a hazard to the lives of wildlife and people alike, as well as leaving lasting damage to the environment. Truck accidents do far more than hold up traffic or leave behind obvious physical damage -- chemical spills are an all to real and all too easy occurrence in such an incident.

Missouri Texting Ban Fails Again Despite Semi Truck Accident Used as National Example

Wed, 09 May 2012 08:15:29 -0800

I’ve written here before, as a Missouri tractor-trailer accident lawyer, about the federal government’s use of Missouri as an example in its crusade for a nationwide ban on texting while driving. The crash took place in Franklin County in 2010, and was attributed to the actions of a 19-year-old driver who was texting while driving a pickup truck and failed to notice traffic slowing ahead. That triggered a chain-reaction crash in which he slammed into a big rig, then was hit from behind by two school buses taking high schoolers on a band trip. Ultimately, the accident killed the pickup driver and one student, and injured 38 others. The National Transportation Safety Board cited the tragedy when it called for states to ban all texting behind the wheel. But according to a May 5 article from the Associated Press, Missouri itself has repeatedly failed to pass bills that would extend its texting ban to drivers older than 21.

Missouri’s current law, passed in 2009, applies to drivers 21 and younger. Five Missouri cities have bans for drivers of all ages, siding with 37 states across the U.S. A state representative, Don Wells, R-Cabool, proposed anti-texting legislation in the state House this year, but the measure was not successful. Opponents of that bill argued that drivers can already be charged with violating their obligation for “careful and prudent” driving, so no second law is needed. A spokesman for Missouri’s state troopers said these aren’t the same, noting that officers must be able to see the driver doing something unsafe in addition to texting, and that it’s hard to tell at a glance whether a driver is 21 or 22. For those reasons, the state Highway Patrol supports a full ban. The state Senate also debated but is not expected to pass a law banning all distracted driving, but opponents there argued that police officers might abuse it to issue unnecessary tickets.

As a St. Louis semi truck accident attorney, I disagree strongly that tickets issued to distracted drivers are unnecessary. We rely on law enforcement officers to use their judgment every day, about issues like probable cause for a search or whether a driver shows enough signs of intoxication to require a breath test. Surely, if we trust them with these judgment calls, we can also trust them to determine whether a driver is truly distracted or just happens to have a phone lying in the vehicle’s center console. Texting while driving is dangerous for everyone, but it’s particularly concerning with drivers of large commercial trucks, because those trucks are so large and heavy. One study found that in the time it took to send a text message, a large truck could travel the length of a football field at highway speeds — without the driver’s eyes on the road! This behavior endangers every unsuspecting motorist who just happens to be around the texting trucker.

At Carey, Danis & Lowe, we focus our practice on accidents with large trucks because we understand just how dangerous they can be. When vehicles are the same size, both drivers can often walk away from a relatively low-speed crash. When one is many times the size of the other, however, the same crash can cause death or devastating permanent injuries. Our southern Illinois 18-wheeler accident lawyers help clients who were injured in this kind of crash, and their families, recover fair financial compensation from truck drivers and trucking companies whose negligence caused the crash. In a trucking accident lawsuit, injured people and their families can recover all the past and future financial costs of the crash, including the steep cost of long-term care or acute care and a lifetime of lost wages. They can also recover compensation for their personal and emotional losses, such as permanent disability or loss of a loved one.

Freight Train Takes Logging Truck for an Unintentional Ride

Wed, 09 May 2012 03:54:19 -0800

A collision between a mile-long train and a log-carrying tractor trailer forced a significant detour on South Carolina's Highway 267. Around 3:30 pm on Monday, the locomotive hit the log truck and dragged it a significant way down the track, causing extraordinary damage.

The train's engine burst and spilled 2,500 gallons of fuel -- the locomotive normally carries 4,500. As of Tuesday morning, the leak was reported as contained and no longer a danger according to emergency response crews and officials.

However, Charleston rescue crews and local firefighters at the scene requested two homes nearest the damaged engine be evacuated as a precaution -- the residents obliged. As of Monday, a crane was on route to help extract the truck and the train from the tracks to reopen the crossing.

Concerns about the crash were high, because the train was reportedly carrying dangerous chemicals including cyanide and liquid phosgene. Officials urged people to remain calm, and insisted that the tanks carrying these chemicals were neither damaged nor leaking. The South Carolina Department of Health and Environmental Control arrived at the scene shortly after the accident to make sure that no such disaster had occurred.

As mentioned above, a long detour had to be set up to accommodate traffic while the train and truck were being cleared from the site.

This trucking accident serves both as an example of what has happened and what can happen in a serious accident. Shockingly, no one was killed or seriously injured in the collision. Usually tractor-trailer drivers do not survive an impact with a cargo train. However, nearly 3,000 gallons of fuel were spilled, forcing the evacuation of two nearby homes -- this spill will require extensive cleanup efforts to make sure residents and wildlife in the area are not harmed in the future. Further, the truck's collision with the train could very easily have damaged or cracked the tanks containing chemicals even more dangerous than the train's fuel supply. The story might have read very differently if phosgene or cyanide had been the chemicals spilling toward those two houses.

Alabama Supreme Court Orders Load Loss Lawsuit Transferred to Different County – Webster v. Southeast Alabama Timber Harvesting

Fri, 04 May 2012 08:59:37 -0800

As a Missouri semi truck accident attorney, I was interested to read a case involving a loss of a dangerous load from the back of a truck. Any load loss can cause havoc on the road, but when large, heavy objects spill out of the back of a truck, they can cause immediate fatal accidents. Of course, the trucker and trucking company responsible for securing the load properly are the ones legally at fault for this kind of accident, and negligent driving can also play a part. In Webster v. Southeast Alabama Timber Harvesting et al., Patricia Gail Webster sued both the timber company and its truck driver over injuries she sustained when timber came loss from their truck. The lawsuit was filed in Chambers County, where the timber company is based, but in this appeal, the Alabama Supreme Court ordered a change of venue to Lee County, where the accident took place.

Webster was driving on Marvyn Parkway in Lee County in February of 2011 when her car collided with timber that came loose from a truck driven by Michael J. Smith. Smith was employed by Southeast Alabama Timber Harvesting, which owned the tractor-trailer. Webster suffered unspecified serious injuries and was treated at a Lee County hospital. Two months later, Webster sued, alleging negligence in the loading of the truck; negligent hiring, training and supervision of Smith; wanton and reckless conduct, and violations of traffic laws. Though the accident had taken place in Lee County, where Webster lived at the time, she filed in Chambers County, where Southeast has its principal office, as Alabama law authorizes. The defendants, however, argued that the case should be moved to Lee County under forum non conveniens, meaning it would be more convenient for parties and witnesses. After a hearing, the trial court denied the motion, triggering the instant appeal.

On appeal, the defendants sought a writ of mandamus ordering the case to Lee County, and the Alabama Supreme Court ultimately granted it, finding the interests of justice required moving the case. The “interests of justice” test requires the defendants to show that Lee County has a stronger connection to the action than Chambers County. The high court found they met that burden because the only connection the case has to Chambers County is the headquarters of Southeast. The accident took place in Lee County; emergency responders from Lee County helped out after the crash; and the only nonparty eyewitness to the accident also lives in Lee County. The high court dismissed Webster’s arguments that forum non conveniens favored the defendant’s home county, saying the cases she cited in support are easily distinguishable, while cases she failed to acknowledge are on point. Thus, it granted the writ of mandamus. Justice Murdock dissented, arguing that the high court has misinterpreted the interest of justice test in a way that negates state law.

As a southern Illinois tractor-trailer accident lawyer, I suspect both parties have good reasons for their preferences. For better or for worse, some areas have a reputation for being friendly or unfriendly to defendants in civil lawsuits like this one. Madison County, near our Belleville, Ill. office, is nationally famous as a place where plaintiffs do well, although it’s not clear how true that is. If Webster and Southeast both felt that Lee County was friendlier to defendants, it’s not surprising that they’d put so much money and effort into supporting or opposing a move there even though the two counties are adjacent. Unfortunately, this decision doesn’t resolve the far more important issue of why the truck lost its load in the first place. No matter where the case is tried, as a St. Louis big rig accident attorney, I do not believe a jury will excuse clear negligence by a trucking company that inadequately secured such a dangerous load, or by a driver who was careless with other motorists’ lives.

Tractor-Trailer Spills Scrap Metal and Fuel

Wed, 02 May 2012 04:30:00 -0800

Once again, a tractor trailer accident has demonstrated that the danger of a semi truck going out of control doesn't stop when the vehicle does. Instead, it expands depending on how much of the vehicle's cargo was spilled as a result of the accident.

Early in the first week of May, a tractor trailer overturned in Moon Township, near Beaver Pennsylvania. The accident took place on Moon Township's University Boulevard in the morning around 9:15.

Moon's Police Chief, Leo McCarthy, said that the truck was carrying a load of scrap metal. The truck was attempting to make a left turn onto University Boulevard from Stoops Ferry Road. In making the turn, the truck overturned and crashed. The fall sent the truck's metal cargo spilling out all over the highway. Compounding the matter were the multiple gallons of diesel fuel that were also spilled, presumably when the massive vehicle's large fuel tanks were ruptured in the crash.

According to McCarthy, the driver of the truck became trapped in the cab of his truck for a number of minutes. Firefighters and other local rescue crews had to be called in, first to help free the driver of the crashed truck, then to try and contain the leaking diesel fuel as quickly as possible.

According to rescue workers, the driver was alert and conscious at the scene, but he was taken to the local medical facilities for evaluation. McCarthy did not know what extent of injuries the man had suffered, nor did he comment on whether drugs, alcohol, or exhaustion had contributed to the accident -- three common factors in unexplained crashes.

Fortunately, no one else was injured in the accident, and crews worked quickly to get the wreck clear of the road, along with the spilled cargo and hazardous fuel spill.

More than Expected - The Complexity of Semi Accidents

Wed, 25 Apr 2012 04:30:00 -0800

A recent accident in Chambersburg, PA, may seem very much like any other on the surface. However, it illustrates part of the difficulty caused by semi truck accidents, and why such collisions are not only larger but also more complex than more typical roadway accidents.

The accident, which took place on April 11th, happened at Exit 14 in the southbound lanes of I-81. The tractor-trailer flipped over at the exit ramp at 11:04 a.m., blocking multiple lanes of traffic until several hours later. The reason the accident took so long to clear is the reason that people use semi trucks in the first place -- it was transporting a large cargo that had to be cleared away first.

In this case, the truck was carrying several tons of newsprint, large rolls of newspaper stock.

Recovery crews had to raise the truck several feet off the ground on hoists so the cargo could be inspected. Then, the massive rolls of newsprint had to be carted away from the accident on tow trucks. Only after the cargo was removed could crews begin to move the truck itself from the highway and allow traffic to resume. As a result, traffic to that exit was blocked until just after 3:00 p.m.

According to a local man, it took over an hour to travel between two exits following the accident.

Semi trucks are almost always carrying very large cargoes, of course. In some cases, these payloads are hazardous materials such as fuel or chemicals of one sort or another. Many tractor trailer accidents can result in the cargo spilling out onto the highway. But even those that do not spill their cargo, often require it to be secured and transported before the wreck of the vehicle can be dealt with and removed, particularly when the cargo is dangerous or flammable. This is part of what makes semi truck accidents so disruptive, and indeed so very dangerous.

South Carolina Supreme Court Rules Court Should Have Permitted Jury to Consider Punitives – Fairchild v. SCDOT

Thu, 19 Apr 2012 08:56:49 -0800

Punitive damages are an issue that occasionally arises in my work as a St. Louis semi truck accident lawyer. Punitive damages are monetary payments ordered when a defendant has acted with deliberate malice, reckless disregard for safety or intentional fraud; these are in addition to financial damages ordered for the plaintiff’s personal and financial losses. Not surprisingly, punitive damages are not awarded in every case; they are reserved to penalize the most serious wrongdoing, with the goal of deterring future misconduct. But because punitive damages cost more money to an at-fault defendant, and have become a political issue, defendants frequently move to bar the jury from even considering whether to award them. This was the case in Fairchild v. SCDOT, in which the South Carolina Supreme Court upheld an appeals court’s finding of reversible error when the trial court didn’t allow the jury to consider punitives.

The accident underlying the case was allegedly triggered by a dump truck owned by the South Carolina Department of Transportation. On March 1, 2001, the truck was attempting to make a U-turn from the southbound lanes of I-95 to the northbound lanes. Unfortunately, the truck was hauling a trailer transporting a backhoe, and its increased length caused the vehicle to protrude from the turnaround into the left lane of southbound 95. Several drivers immediately behind the dump truck changed to the right lane, but Marilee Fairchild slowed down instead, flashing her brakes as she approached the protruding trailer. She avoided the trailer and truck, but was hit from behind by William Leslie Palmer, driving a commercial truck with a motorcycle trailer (totaling eight and a half tons), with enough force to roll her minivan over into the median.

In 2003, Fairchild sued SCDOT, Palmer, and Palmer’s construction company over the resulting physical injuries and property damage, seeking punitive as well as ordinary damages. After SCDOT was dismissed as a defendant, the case went to trial against Palmer defendants and the jury eventually returned a verdict of $720,000. On cross-appeals, the South Carolina Court of Appeals found reversible error in the trial court’s refusal to submit punitive damages and a physician negligence issue to the jury, but upheld the denial of Palmer’s request for an independent medical exam. Palmer again appealed.

On the punitive damages issue, the appeals court had found that there was indeed evidence of Palmer’s recklessness, despite the trial court’s conclusion otherwise, because the jury had been given evidence that he might have been speeding and following too closely. The violation of either traffic law is negligence per se in South Carolina, the high court noted, and negligence is evidence of recklessness or willfulness that requires submission of punitive damages to the jury. Thus, it agreed that the trial court erred in declining to submit the issue, and upheld the appeals court’s order for a new trial. On the physician negligence issue, Fairchild requested jury instructions on determining “the negligence of a treating physician,” which were denied. The Court of Appeals reversed this, finding Palmer had submitted evidence arguing her doctor was over-medicating her. The high court again upheld, finding reversible error. Finally, it upheld denial of Palmer’s motion for an IME performed by the same physician serving as his expert witness.

As a Missouri tractor-trailer accident attorney, I’m pleased to see such a pro-plaintiff result. Judging from the facts in this case, there were serious questions about whether Palmer was negligent in driving his large commercial truck. For example, the opinion notes testimony from Palmer that he maintained a speed of 65 to 70 mph to limit his following distance so other drivers wouldn’t cut in. Not maintaining enough following distance is a basic mistake of truck driving, and indeed, truck drivers frequently complain that other drivers aren’t aware that they need extra following distance. Under that and similar circumstances, I applaud the court for remanding the case for a new trial including punitive damages. The jury may not award them — indeed, it may not find for Fairchild at all — but as a southern Illinois big rig accident lawyer, I believe everyone should get a fair trial.

Trucking Accident in Scotland Destroys Row of Cars

Wed, 18 Apr 2012 04:30:00 -0800

A major truck accident in South Scotland has demonstrated once again that, no matter where in the world they operate, vehicles with trailers can pose an incredible risk to life and property.

Occurring this past Saturday in the Scottish village of Torthorwald near Dumfries, the accident involved a tractor with trailer losing control and driving into a garage forecourt, according to the BBC. Seven cars were written off as completely totaled, and six others were damaged in the accident. That is correct; in less than a minute the truck had totaled or damaged eleven other cars after losing control.

According to the accident report and witnesses, the tractor and trailer came up over the pavement, drove through a brick wall along the road, and then ran over a series of cars. The vehicle ultimately stopped atop the roof of several of the vehicles.

The accident took place at Torr Garage, where business partner Robert Murray estimated that the accident had caused damages exceeding £30,000.

"I was standing only yards from where the tractor crashed and I shouted to the other lads to help the tractor driver and I called the emergency services," said Murray to reporters.

Murray said that villagers had been petitioning authorities for a bypass, so that dangerous tractor trailer traffic would not be as persistent a problem in the village. This accident seems likely to underscore the discussion on that point.

Graham Murray, Robert's father and also a partner in the business, said, "It's a miracle no-one was walking past or coming in to look at the cars. Normally there are a few people about but we had just opened."

According to spokespersons for the local authorities, the accident is still being investigated as to its cause - there is no word on whether drugs or alcohol were involved. Wrecking vehicles had to be called in, and the roads were closed for some time to accommodate the cleanup.

Lake St. Louis Family Suing Over Fatal Truck Accident Triggered by Logging Equipment Spill

Wed, 11 Apr 2012 18:55:17 -0800

As a Missouri tractor-trailer accident attorney, I was interested to see an item announcing a lawsuit over a fatal trucking crash. According to the St. Louis Post-Dispatch, the wife and teenaged sons of Kyle Brown, of Lake St. Louis, are suing a truck driver for negligent driving and negligent securing of his load that allegedly led to Brown’s death. Brown, 40, was killed last December when logging equipment fell off the truck he was following on the Champ Clark Bridge in Louisiana, Mo. The load loss was triggered when the truck hit a guardrail on the westbound side of the two-lane bridge, knocking the equipment into the eastbound lane. The Brown family says trucker Kenneth Davis of Pleasant Hill, Ill., failed to adequately secure the equipment; was driving too fast; drifted from his lane; and failed to keep a proper lookout.

The Champ Clark Bridge spans the Mississippi River, allowing Highway 54 drivers to travel between Illinois and Missouri. According to articles from the time of the incident, Davis was carrying a piece of equipment called a skid loader, which is considered a wide load, across the two-lane bridge. He reportedly tried to move over for an eastbound car and went too far to the side, hitting the guardrail with the skid loader. This snapped the chains holding the equipment onto the semi truck, dumping it into the oncoming traffic lane. Brown, who was heading to work at a plant nursery in Louisiana, Mo., struck the skid loader and died at the scene. Davis was ticketed for improper lane use because he left his lane; the Post-Dispatch story at the time reported that he could also be charged for using too wide a vehicle on the narrow bridge.

News reports say the Brown family is suing only Davis, alleging he was responsible for securing his load properly. As a St. Louis semi truck accident lawyer, I wonder whether his employer — who was not named in the stories — could also share responsibility. Of course, drivers are responsible for their own decisions on the road, but those decisions are rarely made without input from their employers. For example, a driver who is pressured by the trucking company to make an impossible shipping deadline might take a too-narrow bridge because it’s faster, or choose to drive under other unsafe conditions like a bad snowstorm. Trucking companies can also make cost-cutting decisions that result in inadequate or missing safety equipment, which can trigger an accident or make accidents worse. That’s why it’s vital to do a full investigation into the circumstances of the crash, so that each party that bears some blame can be held responsible.

At Carey, Danis & Lowe, we focus our practice on semi truck accidents because we understand just how devastating they can be. Accidents with large trucks aren’t like crashes with passenger cars and trucks; because the commercial trucks are so much heavier, they can do significant damage even in a relatively minor accident. As a result, a crash that victims might otherwise have walked away from can be catastrophic when the other vehicle is a big rig. To make matters worse, trucking companies are frequently aggressive in the way they treat accident victims, hoping to minimize their financial costs by misleading shocked or grieving people into signing away their legal rights. Our southern Illinois 18-wheeler accident attorneys are just as aggressive in defending our clients’ rights, when necessary, from this kind of overreaching. We help get clients full compensation for their losses, including money to cover all past and future medical bills, funeral costs, loss of a loved one and more.

Semi-Truck Accident in Indiana

Wed, 11 Apr 2012 04:30:00 -0800

A woman from Etna Green, Indiana, is in serious condition following a Monday evening semi-truck accident in Indiana's Kosciusko County. According to witnesses and local authorities, the accident took place around 6:20pm on Monday.

Witnesses informed police that a semi-truck was turning northbound at the intersection of US highway 30 and County Road 350 West. A car being driven by 24-year-old driver Jenna Wireman came up behind the vehicle and couldn't stop in time after the truck began to turn, hitting the trailer of the semi-truck. Wireman testified to police that the truck had pulled suddenly into her path to make its turn, and she didn't have time to stop before hitting the semi-truck.

Local rescue workers airlifted Wireman to an area hospital. Wireman was still listed as being in serious condition as of Tuesday morning. 46-year-old Dan Hass of Plymouth, Indiana, was not injured in the accident. Police have not said whether drugs or alcohol were a factor in causing the accident.

This accident in particular illustrates the dangers that come with sharing highway space with semi-trucks and other tractor-trailer rigs. In particular, visibility is the most prevalent concern - semi-truck drivers cannot see other vehicles around them very easily, because semi-trucks have enormous blind spots to the sides and rear of the vehicle. Thus, semi-truck drivers are supposed to be extra cautious before changing lanes, since it is all too easy for a smaller car to be caught behind or beside a semi as it is changing lanes. There is no way a smaller car can come out safely from an accident with a vehicle as large as a multi-ton semi, and it is the trucks that have the reduced visibility, so the burden is on these drivers to be extra cautious around other drivers on the roads.

Seventh Circuit Denies Attorney Fees to Individual Truckers With Attorneys Paid by OOIDA – OOIDA v. FMCSA

Wed, 04 Apr 2012 18:58:30 -0800

I’ve written here several times before, as a Missouri tractor-trailer accident attorney, about the controversy in the trucking industry over electronic onboard recorders. Truck drivers and trucking companies dislike the monitors, which are intended to provide more reliable logs than the paper logs currently required but being phased out in the United States. For those exact reasons, however, trucking safety advocates vastly prefer electronic onboard recorders, which make it much harder to falsify information to make it look like the driver was complying with safety regulations. The Federal Motor Carrier Safety Administration made a final rule requiring the devices, and the Owner-Operator Independent Drivers Association and a few individual truckers sued. Last summer, the Seventh U.S. Circuit Court of Appeals sided with OOIDA and the drivers, delaying but not ending the device rule. In its April 2 ruling in OOIDA v. FMCSA, the court declined to award attorney fees to the drivers.

Three of the drivers, William Culligan, Adam Burnett and Douglas Oldham, sought attorney fees under the federal Equal Access to Justice Act. That law requires courts to award attorney fees and costs to prevailing parties in cases against the federal government, unless the government was “substantially justified” or there are other special circumstances that would make the award unjust. Eligible parties must be individuals with net worths of $2 million or less, or organizations with net worths of $7 million or less. OOIDA did not join in the fee petition, the Seventh Circuit noted, which led the court to infer that it would not qualify. There was no doubt that the drivers were prevailing parties, and the court was willing to take their financial status on faith. Nonetheless, the court ultimately agreed with the FMCSA that the truckers did not qualify for a fee award under the EAJA.

In this case, the individuals and OOIDA were all represented by the same law firm, with separate fee agreements. But for all three individuals, the firm agreed not to charge them a fee; it would instead charge OOIDA. Thus, the FMCSA argued that the real party in interest for the fee awards is OOIDA, not the individuals, preventing the individuals from arguing that they’re solely responsible for their own fees. The Seventh agreed. It further noted that the counsel of record is OOIDA’s longtime general counsel, and that he submitted records showing conferences with OOIDA but not the individuals. It went on to caution that EAJA eligibility is not the same as attorney fee eligibility, but the EAJA is intended to allow suits that otherwise may be out of the plaintiffs’ financial reach. With OOIDA covering the bills, that purpose would not be served, the court said.

As a southern Illinois semi truck accident lawyer, I am surprised the court did not phrase its disapproval more strongly. By making this fee arrangement, in which a large, fairly wealthy organization covers legal fees for individuals pursuing the same interests, the plaintiffs were pretty clearly never on the hook for the attorney fees. That makes it unjust to request fees they aren’t actually paying. The larger issue of electronic onboard recorders is more important to my practice as a St. Louis 18-wheeler accident attorney, however. The ruling on the merits required the FMCSA to consider the issue of driver harassment, which it’s currently doing through a series of listening sessions held with audiences of truckers around the country. I hope this leads to an EOBR rule that ultimately makes everyone, truck drivers included, safer.

Not All Trucks are Created Equal - Crash Kills Pickup Driver

Wed, 04 Apr 2012 04:30:00 -0800

The driver of a pickup truck that collided with a semi tractor trailer near Fort Lupton, Colorado this past Sunday was killed as a result of the accident. The accident was reported just before 3 pm on Highway 52 and Weld County Road 21 by the Colorado State Patrol. CSP Trooper Nate Reid served as spokesman, and described the accident as a fiery collision, with both vehicles being engulfed in flames moments after the impact.

A couple who witnessed the accident told local reporter Dayle Cedars that the pickup driver had veered abruptly into the semi truck's lane. The Nissan pickup hit the tractor trailer head on. One of the couple, who did not wish to be identified except as Marilyn, said, "People in their right minds don't pull in front of semis going 60 miles per hour." Her husband, Ron, added "there were booms and fires everywhere." Other witnesses said the vehicles were covered in flames. Joshua Smith was driving directly behind the semi when the accident happened, and had to drive his own truck into a ditch to avoid hitting the other vehicles. His family then ran from the flames while Smith tried to help the semi driver. The heat from the flames was already too intense however, and he had to back away. Fortunately, the driver of the semi was able to escape, although he suffered burns to his face while freeing himself from the truck.

Marilyn and Ron allowed the driver of the semi to sit in their car while Marilyn called emergency services. Ron and Marilyn said the driver was lucky to have gotten out. Apparently he had also hurt his knees in the escape, and had difficulty walking. The driver was apparently suffering from shock following the accident, and according to Marilyn he stated he couldn't believe he had killed somebody. Marilyn and Ron said they kept telling him that the accident was definitely not the his fault.

The accident closed down Highway 52 for several hours.

Florida Supreme Court Rules Corporate Shield Cannot Block Liability in Semi Truck Crash – Kitroser v. Hurt

Fri, 30 Mar 2012 08:26:31 -0800

As a Missouri semi truck accident attorney, I routinely handle cases involving an out-of-state truck driver and trucking company being held liable for causing a crash within Missouri or Illinois. So I was interested to see a decision from the Florida Supreme Court that raised the unusual issue of whether a trucking company may use Florida’s corporate shield doctrine to escape liability in a fatal trucking accident. In Kitroser et al. v. Hurt et al., Rhina M. Castro Lara was killed in a crash caused by trucker Dale Dickey, an employee of Airgas Carbonic Inc. who was driving an Airgas truck. On appeal, the Florida appeals court ruled that there was no personal jurisdiction over the non-Florida defendants, then asked the Florida Supreme Court to decide whether the corporate shield doctrine applies.

The details of the accident were not given. After Castro Lara’s death, her personal representative, Michael Kitroser, and family members sued Airgas, Dickey and various Airgas employees, alleging that Airgas and Dickey’s negligence caused Castro Lara’s death, and that other Airgas employees negligently trained or supervised Dickey and knew or should have known he was an unsafe driver. The Airgas defendants each moved to dismiss, arguing that they do not live in Florida and their allegedly negligent actions, admittedly in Florida, were on behalf of their employer and thus protected by the corporate shield doctrine. The trial court found jurisdiction over the Airgas employees under the state’s long-arm statute.

However, the Airgas defendants appealed and the appeals court reversed and remanded, with orders to vacate its decision not to quash for lack of jurisdiction. It also certified a question to the Florida Supreme Court: “When an individual, non-resident defendant commits negligent acts in Florida on behalf of his corporate employer, does the corporate shield doctrine operate as a bar to personal jurisdiction?”

The Florida Supreme Court answered no and reversed again, restoring the trial court’s decision. The Airgas employees argue that they cannot be held responsible because they were not acting personally, but in pursuit of their employer’s corporate interests. However, the high court said, the corporate shield doctrine protects defendants who acts exclusively in a corporate capacity in another state from being hauled into Florida court. The court noted that the rationale behind this is that it would be unfair to apply Florida jurisdiction to someone with no relevant contacts with Florida aside from corporate acts. By contrast, however, the Airgas employees were undisputedly in Florida when the allegedly negligent acts took place. Thus, the Supreme Court said, the corporate shield doctrine cannot apply. “To hold otherwise would be tantamount to providing corporate employees with a form of diplomatic immunity,” it noted. It quashed the appeals court’s decision and sent the case back for more proceedings.

It’s a bit surprising to me as a St. Louis tanker truck accident lawyer that the appeals court accepted the corporate shield argument. According to the Florida Supreme Court’s analysis, the corporate shield doctrine pretty clearly does not apply to people who are acting within Florida, which again was not contested. No doubt, Airgas and other trucking companies who may be held liable for accidents they cause would prefer to have “a form of diplomatic immunity” for their employees, but as the high court noted, this would contradict the public policy goal of having a long-arm statute, which permits local jurisdiction over injuries created locally due to local decisions by residents of other states. As a southern Illinois tractor-trailer accident attorney, I routinely allege facts like these without a serious challenge in my own cases.

How to Remove a Guard Rail Without Really Trying

Wed, 28 Mar 2012 04:30:00 -0800

A serious tractor trailer accident late last week drew emergency responders and Alabama State Troopers to the scene on Alabama's I-65. Occurring around 4pm at the 318 mile marker, the accident took place right at the Cullman and Morgan County lines.

Police reported that a semi truck driver lost control, running off the road in the process. He apparently tried to over correct for the mistake, running off the right side of the road. This took him through 180 feet of guard rail before the truck flipped over, trapping the driver inside the vehicle.

Fire crews from the nearby town of Vinemont had to use the jaws of life to extract Vince Able, a 49-year-old Birmingham resident, from the cab of his truck. Able was taken to Cullman Medical Center as a precaution, but his injuries were described as not being life threatening.

The damage to the guard rail and truck was so extensive that the two were partially entwined -- roadway workers had to cut away a chunk of the rail to pull the truck out. One of the wrecking vehicles broke down during the procedure, further complicating the process and delaying matters.

Traffic was backed up well past the Falkville exit some miles back in Morgan County, leaving only the southbound lane of the highway open to drivers.

While no other vehicles were involved in the crash, what this accident again illustrates is the sheer power and weight involved in a tractor trailer accident. The truck went through 180 feet of guard rail like it was nothing, and still had the momentum to flip entirely over and trap the driver inside. Had that impact been directed at other vehicles instead of the safety railing, lives would surely have been lost.

It is not yet known what exactly caused the accident. Investigations often look for fatigue, intoxication, or mechanical discrepancies, but there is no word on whether any of these are currently under consideration.