Trucking Accident Attorney Blog

As a Missouri trucking accident lawyer, I’m a big fan of federal enforcement of safety regulations. Often, when a fatal trucking accident is ruled the fault of the truck driver, there’s a violation of a federal safety regulation behind the crash. Stepped-up enforcement, therefore, is a powerful tool regulators have to prevent avoidable deaths and catastrophic injuries of people who share the roads with truckers. Commercial Carrier Journal, a trucking industry publication, published an article this month that is part of an ongoing look at the Federal Motor Carrier Safety Administration’s Compliance, Safety, Accountability enforcement program. The article notes that during the first two years of the CSA program (2010-2012), the FMCSA has sharply increased the number of drivers and carriers it took out of service, and has started to investigate carriers more thoroughly.

FMCSA statistics show that 48 carriers were ordered out of service as an imminent hazard in fiscal year 2012, which was up sharply from 10 carriers in fiscal 2011. The official statistics showed no substantial change between the two years in carriers ordered out of service as unfit, but CCJ interviewed a consultant who felt there was a spike in out-of-service orders for carriers that had been asked to correct a safety problem and not taken action. Carrier officials and safety compliance consultants told the publication that drivers are increasingly held accountable by federal regulators for violations of the rules. One case cited by a consultant involved a $4,000 fine for a driver found to have a pattern of hours-of-service reporting violations. The carrier itself received a rating of Satisfactory, after it scrambled to quickly review six months’ worth of logs that had gone untouched.

The article also cites “mission creep” by FMCSA regulators from a focused investigation of some particular safety issue, toward full compliance reviews. For example, a consultant said, an investigator from the federal government, or a state-government partner to the FMCSA, might come to the carrier’s offices to review hours of service compliance. But once an experienced investigator understands the system the carrier is using, the consultant said, he or she can quickly understand the state of the carrier’s overall compliance efforts. Regulators are focusing on vehicle maintenance issues and hours of service violations, the article said; not surprisingly, these were the top two reasons for violations found in the first two years of the CSA program.

This “mission creep” by regulators strikes me, as a St. Louis semi truck accident attorney, as a good thing. In fact, I find the news in this article encouraging, because it largely shows that the CSA program means stepped-up safety enforcement. Regulations exist to make sure that only safe trucks are on the roads and only safe drivers are driving them. If regulators are taking the time to investigate trucking companies’ safety compliance practices thoroughly, they may be able to keep more motorists safe. The FMCSA is practicing what it preaches, in fact; this week, it ordered three commercial drivers off the road as imminent hazards, all three after intoxicated-driving crashes. As a southern Illinois tractor-trailer accident lawyer, I welcome news like this.

Continue reading "Study Finds Federal Trucking Industry Regulators Have Stepped Up Shutdown Orders" »

As a Missouri semi truck accident attorney, I was interested to see a trucking accident case that involved multiple defendants, including some with allegedly defective auto products. Lake v. The Memphis Landsmen et al. grew out of a collision between a concrete truck and an airport shuttle bus on which Clifton Lake was riding after arriving at the Memphis airport. Lake, a Chicago attorney, suffered brain damage after being thrown from the bus. He and his wife, Charleen Lake, settled with the owner of the concrete truck but proceeded to trial against the bus owner, bus manufacturer, window manufacturer and rental car company, alleging the seating and glass in the bus were defectively unsafe. The Tennessee Court of Appeals threw out the defect claims as preempted by federal law, but the state high court reversed and remanded.

The crash took place in 1998, when a concrete truck collided with the shuttle bus, knocking it into a pole and ultimately ejecting Lake through a window. The Memphis Landsmen was the owner of the bus and the Budget rental car franchise to which Lake was going. The next year, the Lakes filed a lawsuit against Landsmen, Budget, the concrete truck company, the manufacturer of the windows and the bus manufacturer. After settling relatively early with the concrete truck company, they alleged that it was negligent to offer for sale, and to use, a bus without seatbelts, which were available and inexpensive. They also alleged that the window glass should have been laminated, not tempered, and that the perimeter seating arrangement in the bus was unsafe.

The case proceeded to trial, and the jury attributed 100 percent of the fault to the concrete truck, leaving the Lakes with no recovery other than their earlier settlement. On appeal, the Court of Appeals held that the trial court should have dismissed the defect claims as preempted by federal motor vehicle safety standards. But in 2011, a U.S. Supreme Court case laid down rules for when federal standards preempt auto product defect cases, and the Tennessee Supreme Court remanded the case to the Court of Appeals for reconsideration. That court found no reason to disturb its earlier decision, and the Lakes again appealed.

The Tennessee Supreme Court ultimately found that the regulatory history of the federal standards doesn’t support a finding of implied preemption on the seatbelt claim, particularly given the cautions laid down in the 2011 U.S. Supreme Court case. A brief from the Department of Transportation in that case further bolstered the court’s findings, by calling previous decisions in the instant case “erroneous.” On the glass issue, the high court said, other courts are evenly split, but it ultimately found no indication of a regulatory intent that would create preemption. Finally, the high court reversed a directed verdict for the defense on the Lakes’ claim that perimeter seating in buses is unsafe. The Court of Appeals found no evidence that Lake was seated, making the issue moot, but the Supreme Court found the expert’s testimony sufficient to avoid a directed verdict.

As a St. Louis tractor-trailer accident lawyer, I’m sorry that the Lakes had to spend well over a decade litigating this issue in order to win compensation. Brain injuries are very serious, life-changing events. Though the case doesn’t detail Lake’s injury, it notes testimony from former colleagues of his, suggesting that his injury was so serious that he needed to stop working. This has profound implications for his happiness and basic abilities, as well as for his family’s income. Accidents with large commercial trucks often create this type of catastrophic injury, because the force a semi truck brings to a crash is so much greater than the opposing force of the smaller vehicle. (It’s especially dangerous when the passenger is not adequately restrained, as Lake was not.) That’s why it’s vital that victims of trucking accidents caused by someone else’s negligence be able to claim fair compensation. Our southern Illinois tanker truck accident attorneys are proud of our success helping injured people and their families make their claims.

Continue reading "Tennessee Supreme Court Rules Product Defect Claims in Truck Accident Not Preempted – Lake v. The Memphis Landsmen" »

When most people hear the words “trucking accident,” images of fiery collisions involving an 18 wheeler and a crumpled passenger vehicle immediately spring to mind. However, there are other ways people can be harmed as a result of a trucking accident.

For example, on April 2, 2008 in Montana, a tanker truck carrying gasoline overturned on Highway 35, spilling 6,380 gallons of gasoline. Reportedly, the driver stated that he saw the passenger side rear wheels of his second tanker drift off the highway. The tractor and first tanker did not fall, but the rear tanker overturned. The top of the tanker was torn off in the accident resulting in the massive fuel spill. For over a year, five families were forced to leave their homes as a result of the accident. The effort to clean up is still ongoing and, reportedly, the spill’s associated cleanup costs have already reached $5 million.

Because of the fumes, five homes had to be evacuated and air abatement systems had to be installed. In addition, contaminated soil needed to be removed, contaminated groundwater had to be collected via the construction of a trench, and the groundwater still requires treatment with a permanent water treatment system. Recent test wells indicate high levels of contamination remain in the pathway of the main spill.

After five years, Keller Transport, the trucking company responsible for the truck, has agreed to settle Clean Water Act claims. According to the settlement, Keller Transport will pay a total of $83,500 in penalties. According to the Environmental Protection Agency’s Denver enforcement director, Mike Gaydosh, “Truck accidents can have a significant impact on the environment and in this case caused a threat to public health. This penalty serves as a strong reminder that every effort must be taken to avoid accidents and spills when hauling hazardous materials.”

According to the EPA, excessive cornering speed on the narrow highway was determined to be the cause of the accident. This accident, along with several others, motivated some residents to attempt to increase highway safety by requesting a ban on commercial truck traffic which would then be re-routed to the wider Highway 93. Truckers, however, opposed the ban because they can save time and money by using the flatter Highway 35.

Last fall, I wrote here several times about a serious trucking accident near Litchfield, Ill. that killed an Illinois state trooper. In that case, the truck driver’s license was quickly taken away after federal authorities determined that he shouldn’t have been driving in the first place. So as a southern Illinois tractor-trailer accident attorney, I was not surprised to see formal criminal charges for the driver, Johnny Felton, Jr. of Georgia. Felton was charged with reckless homicide and driving in violations of restrictions on his license, which said he could only drive in Georgia. Felton told investigators that he lost consciousness before his truck drifted into the breakdown lane and hit Deatherage, 32, who was on foot because he had just pulled another motorist over. Deatherage left behind a wife, a four-year-old daughter and a ten-month-old son.

According to the St. Louis Post-Dispatch, Deatherage had recently switched to motorcycle duty because it took place during the day, allowing him to spend more time with his family. He was speaking to a motorist by the side of Interstate 55 when Felton’s truck hit him. According to the charging documents produced by a Montgomery County grand jury, Felton was speeding and did not slow down or change lanes—as required by the Illinois “move over law”—as he approached Deatherage and the stopped driver. The federal Department of Transportation took Felton off the road shortly after the crash, finding that he was an unsafe driver and shouldn’t have been allowed on the road because of a medical condition that causes lapses in consciousness.

Deatherage’s wife, Sarah Deatherage of St. Jacob, has sued Felton, his trucking company, Dot Transportation and its parent company, Dot Foods. Her lawsuit alleges that the company knew or should have known Felton was not a safe driver. Dot Foods issued a statement saying officials simply didn’t notice the change in Felton’s license type when he handed in his renewal papers in July of 2012. The Federal Motor Carrier Safety Administration faulted Dot Transportation for knowingly permitting a driver who was not qualified to operate a commercial vehicle. The Administration said Dot Transportation had had 20 crashes resulting in injuries over the past two years. Until his arrest, Felton continued working with the company, but in a warehouse position involving no driving.

As a St. Louis semi truck accident lawyer, I wish the Deatherage family good luck in their efforts get financial compensation and recover from their loss. In a case like this, where the family’s breadwinner was the one killed, financial compensation is more than just a symbolic penalty for the trucking company. If Sarah Deatherage was staying home with her two young children, this loss may have pushed her back into the workforce out of necessity. Even if she did find reliable childcare and a job, earnings are typically lower for women with gaps in their resumes. Her lawsuit against the trucking company and the truck driver could help her make up for that lost income. And as a Missouri big rig accident attorney, I also believe a lawsuit helps shine a light on negligent behavior by trucking companies that can lead to the deaths of the innocent people around them.

Continue reading "Trucker Criminally Charged in November Roadside Death of Illinois State Trooper" »

As Missouri drivers are elated with the onset of spring, their desire to get out more means that traffic substantially increases and so does the risk of trucking accidents. Though truck traffic is not substantially affected by this change in seasons, already busy highways become more congested with smaller vehicles and motorcycles.

Because of a semi’s greater size and weight, trucking accidents tend to be more catastrophic to motorists in smaller vehicles. The risk of personal injury and death is even higher for motorcycle riders who have less protection in an accident than drivers in enclosed vehicles.

Motorist responsibility for highway safety is shared between all drivers. Some steps motorcycle drivers can take to avoid a devastating trucking accident are:

• The use of turn signals and headlights at all times, even during daylight hours, to make yourself more visible to semi drivers and to communicate your intentions.
• When passing a semi, lengthen the distance between you and the semi before changing lanes to allow enough distance for the semi to stop if necessary.
• Do not linger in a semi’s blind spots. Motorcycles are more difficult to see than larger vehicles so it is important to be as visible as possible. Be aware that because a motorcycle is much smaller, the semi driver will not be able to see you in places they would normally be able to see a car. Avoid these areas.
• Always wear a DOT certified helmet and bright, reflective clothing to increase visibility and protect you in an accident.

No matter how cautious or experienced motorcyclists are, accidents can still occur, many of which are the fault of the semi driver or trucking company. Unfortunately, because of the extreme difference in mass between a motorcycle and a semi, many highway accidents involving these two vehicles result in devastating injuries and death. If you or a loved one has been seriously injured in a trucking accident, contact an attorney immediately to determine if you have a valid claim for compensation or damages.

As a Missouri semi truck accident attorney, I was not surprised to read that the driver in a trucking crash that killed two is headed for trial. Lei Sun, the truck driver accused of plowing into two stopped cars at an intersection in Republic, Miss., is charged with first-degree involuntary manslaughter in the March 27 deaths of Lawrence “Mike” Coan and Corey Gresham. Sun is accused of going over his hours of service for the week, speeding and failing to brake in the moments before he hit the two men’s separate cars, pushing them into a stopped 18-wheeler in front of them. Gresham’s wife has already filed a lawsuit against Sun, of California, and his trucking company, alleging their negligence caused her husband’s death. Sun’s attorney argued at a recent hearing that the crash was a tragic accident, not a crime.

Investigators with the Missouri State Highway Patrol believe Sun was violating several trucking and traffic regulations on the day of the crash. The written logbook all truck drivers must keep says Sun was within the limit of number of hours drivers can drive in a week, but the Highway Patrol said toll and fuel receipts show that Sun was lying in his logbook and had exceeded his 70 hours of work that week. Investigators also believe he was driving 10 to 20 mph above the posted speed limit. Perhaps most damningly, the truck’s on-board computer shows that Sun didn’t hit the brakes before running into the three stopped vehicles at the intersection. Indeed, the Springfield News-Leader reported, Sun told an investigator at the scene that he didn’t stop because he thought the semi in front of him was about to go through the intersection—suggesting that Sun failed to notice the victims’ vehicles.

At the hearing, a defense attorney for Sun argued that the charges should be dropped or at least downgraded to second-degree involuntary manslaughter. That charge requires prosecutors to meet a lower legal standard to prove the crime: “criminal negligence,” rather than “reckless disregard.” The charge also carries substantially less maximum time in prison: eight years, rather than 14. The judge ultimately agreed with prosecutors that first-degree involuntary manslaughter better fit the circumstances. Because there are two charges, Sun could serve up to 28 years if convicted of both. The criminal case is also likely to damage Sun’s immigration case, which he is appealing through the separate immigration courts.

As a St. Louis tractor-trailer accident lawyer, I’d like to add that the role of the trucking company in this crash should not be overlooked. According to the lawsuit filed by Mary “Meg” Gresham, truck owner Daniel Orchard Transportation has a history of regulatory problems. Its 13 drivers have been cited in the past two years for having defective trucking equipment, speeding, driving over their daily limit of hours and keeping a false logbook, as Sun did. The trucking company itself was cited for failing to maintain records of driver qualification. In addition, the truck Sun was driving was found at the scene to have inadequate brakes and tires. All of this means that the trucking company may be directly liable for negligence, in addition to its liability for negligently hiring Sun. Our southern Illinois big rig accident attorneys help families make this kind of claim, which can provide them with the money they need to replace a lost income, pay medical bills and more.

Continue reading "Truck Driver Will Face Trial for Involuntary Manslaughter in Springfield-Area Crash" »

The British Medical Journal recently published a study that investigated whether or not caffeine was effective in preventing trucking accidents. According to the data, the chances of being involved in a trucking accident fell by 60% when the driver had consumed caffeine, compared to those who hadn’t. Based on these statistics, however, drivers should not assume that the solution to drowsy driving is caffeine.

The researchers who conducted the study examined the data of more than 1,000 semi drivers. Around half of those drivers had been involved in accidents during the time period from December 2008 to May 2011. When asked if they consumed caffeine in order to stay awake while driving, 43 percent of respondents said they did.

The National Highway Traffic Safety Administration (NHTSA) estimates that 5,000 to 6,000 annual accidents involving fatalities are caused by drowsy drivers. Furthermore, the NHTSA estimates that 2 percent of accidents involving injuries and 2.5 percent of accidents involving fatalities are the result of drowsy or fatigued drivers.

This problem is especially severe in areas where truck traffic is increasing due to a demand for resources. South Dakota police officers, for example, are increasing the amount of troopers in an attempt to preserve highway safety. Captain Kevin Karley, the South Dakota Highway Patrol District Three Commander said, “Obviously because of the oil field activity in North Dakota, we’ve seen a huge increase in traffic in northwest South Dakota, U.S. Highway 85 in particular, and we want to try and stay ahead of the traffic.” Mike Carlson, a DOT Engineer, observed that since 2008, truck traffic has doubled, or even tripled in some places. He also stated, “We’ve had some accidents up there. We’ve had some fatalities up there due to people trying to get up to North Dakota as quickly as possible, driving long hours, drowsiness. It’s long open spaces.”

Drowsy driving is a serious threat to highway safety and should not be taken lightly. Trucking accident attorneys maintain that the best preventative for trucking accidents related to drowsy driving is a full night’s sleep, not caffeine.

As a St. Louis semi truck accident lawyer, I was disappointed to read about a pedestrian accident and other crashes attributed to a disabled car abandoned on Interstate 70. According to the St. Louis Post-Dispatch, a stalled car in the eastbound lanes of the interstate at Route K in St. Charles County caused a semi, attempting to avoid it, to push it into a pedestrian. The victim was Darius Walls, 23, of O’Fallon, who fortunately suffered minor injuries. Shortly afterward, two more crashes took place as other drivers tried to avoid the stalled car. Also moderately injured was driver Mark Tringl, 49, of St. Louis. It’s not clear whether the Missouri Highway Patrol is attributing blame to any of the people involved, including the driver who abandoned the car on the highway.

A 2000 Pontiac Firebird was disabled and abandoned on the night of April 23. Around 9:25 p.m., a tractor-trailer approaching the Pontiac tried unsuccessfully to avoid it, and instead hit it, pushing it into Walls. Walls was treated at a hospital for minor injuries, and the truck driver was not hurt. Shortly afterward, a Chevy Silverado pickup succeeded in avoiding the stalled car, but instead hit the semi truck. Neither of the drivers was hurt. And finally, around 9:40 p.m., Tringl swerved to avoid the crashed cars still in eastbound Interstate 70 and hit the concrete barrier in the middle of the highway. He sustained moderate injuries and was taken to the hospital. Reports didn’t say whether the Highway Patrol issued tickets to any of the drivers involved or is investigating the stalled car.

As a Missouri tractor-trailer accident attorney, I’m pleased first and foremost that the two victims were not seriously hurt. In particular, Walls could have suffered much more serious injuries because he was on foot, and pedestrians simply don’t have much protection in a crash—no seatbelts, airbags or helmets, like motorists have. Who was at fault for the crash could depend on whether the Pontiac was abandoned in the middle of a lane or in a “breakdown lane,” where drivers could reasonably expect to see stopped cars. If it was on the side of the road and the trucker still needed to swerve, it would be fair to ask whether the trucker was driving safely to begin with. But if the car was stopped in a lane of traffic, the driver who abandoned it may be considered at fault—especially because it was night and visibility could have been reduced.

At Carey, Danis & Lowe, we represent clients who have suffered a serious injury or a death in the family because of a crash with a large commercial truck. Semi truck accidents are not like accidents between two cars. The greater weight of the truck means it can do far more damage in a crash than an equally matched passenger car—and that typically means catastrophic injuries and complex legal and financial issues. It’s vital for victims and their families to make sure they adequately document all of their injuries as they go to the courts for compensation, because these catastrophic injuries are very expensive to treat and accommodate. And once you have reached a verdict or settlement, you can almost never have a second chance. Our southern Illinois 18-wheeler accident lawyers help clients recover compensation for all of their personal and financial damages.

Continue reading "Disabled Car in Suburban St. Louis Triggers Semi Truck Accident With Pedestrian" »

A tragic trucking accident that occurred on January 31 on I-75 in Detroit resulted in the deaths of a 7 and 9 year old brother and sister. Attorneys for the family of the deceased children are now saying they believe the truck’s condition and driver error were contributing factors in the accident. They also assert that had these not been factors, the accident could have been avoided.

Reportedly, four of the semi trailer’s eight axles had inoperable brakes and the brakes on two other axles were out of adjustment. One attorney stated, “This vehicle had considerably less than half of the braking capability that was necessary to be able to stop that vehicle.”

Lt. Michael Shaw of the Michigan State Police stated that the cause had yet to be determined and the police investigation is ongoing. Reportedly, the police are waiting for evidence from the crime lab, though what that evidence is, exactly, has not been disclosed.

According to police, 12 separate crashes involving 43 vehicles occurred along I-75 following snow squalls that resulted in near zero visibility. Shaw went on to state: “I think a lot of people assume that weather can be the cause of a crash and that’s not true. Because there were a lot of other vehicles that made it through that area — even though the weather was bad. You can say that weather was a contributing circumstance to a crash, but you can’t say that’s the reason why a crash occurred.”

While the semi driver has not been named, attorneys stated that his driving history for the last few years shows two safety violations for driving too close to be able to stop under the circumstances and three safety violations for speeding.

Once the police have concluded their investigation, they have stated that they intend to turn it over to prosecutors who will then determine if charges should be brought. Victims of trucking accidents should never assume that weather was the cause of an accident. In many cases, while weather was a contributing factor, driver error or improper vehicle maintenance was a more direct cause and victims may be entitled to financial compensation.

As a Missouri semi truck accident attorney, I was saddened and disappointed to see a report about a truck accident that took two lives—in part, investigators suspect, because the driver was breaking hours-of-service laws. According to OzarksFirst.com, trucker Lei Sun of California is charged with two counts of first-degree involuntary manslaughter for running his truck into two stopped vehicles. Sun is accused of failing to stop at an intersection in Republic, in Greene County, and in fact driving at nearly 20 mph over the speed limit. His tractor-trailer ran into the backs of a pickup truck belonging to Lawrence Coan Jr., 65, of Kimberling City, and Corey Gresham, 41, of Macon. An onboard computer in Sun’s tractor-trailer showed that in addition to speeding, he had been driving over the allowed hours.

The crash shut down the westbound lanes of Highway 60, where the accident took place at its intersection with Oakwood. The Greene County Prosecutor’s office said Sun’s onboard computer said he’d been traveling at 59.5 mph in a 40-mph zone just before the accident. His failure to stop caused his truck to collide with Coan’s pickup, which was pushed into a Nissan sedan driven by Gresham. Both smaller vehicles were smashed into a semi stopped in front of them, most likely killing both victims at the scene. Sun was taken into custody at the scene. In a followup report, the newspaper spoke to a student at a local truck driving school, who said following the law could have prevented this crash. The student said the law limits drivers to eleven hours behind the road per day and requires them to keep accurate logs. An instructor added that the onboard computer in Sun’s truck is for maintenance, but also makes it easy to catch lies in logbooks.

As a St. Louis tractor-trailer accident lawyer, I am pleased that this truck carried an electronic on-board recorder that made it easy for authorities to identify violations of the law. Safety rules are in place for the very good reason that fatigued truck drivers are unsafe truck drivers. In fact, studies have shown that a sufficiently tired driver—in a truck or a car—is no better at driving than a driver with a 0.08% blood-alcohol concentration. Currently, the U.S. government only requires electronic on-board recorders in trucks belonging to companies with a bad record of compliance with hours-of-service rules. But the Federal Motor Carrier Safety Administration has proposed to require them in all trucks, and despite opposition by the trucking industry, mandatory EOBRs are still likely to become the rule. As this case shows, it’s a good and useful rule.

At Carey, Danis & Lowe, we focus our practice on accidents with large commercial trucks because we know how devastating they can be. An 18-wheeler is so much bigger than a passenger car that a collision between the two of them is likely to seriously hurt the people in the car. Not every crash takes place at the dangerously high speeds that this one did, but the victims can still be killed or left with lifelong disabilities. In addition to being personally devastating for victims and their families, this can quickly become very expensive. When the victims can no longer work, or are out of work for months due to serious injuries, the income they and their families rely on is lost immediately. Our southern Illinois big rig accident attorneys help families seek the money they need to replace that income, pay their medical bills and be fairly compensated for their injuries.

Continue reading "Southwestern Missouri Accident Underscores Importance of Following Logbook Rules" »

A fatal trucking accident in southwestern Missouri tragically left two dead. It is now suspected that a contributing factor in the accident was driver fatigue. Reportedly, the driver of the semi has now been charged with two counts of involuntary manslaughter related to the accident.

The accident occurred when two vehicles were stopped at a traffic light behind a semi and then the semi driven by the accused crashed into them. Investigators say the two smaller vehicles were sandwiched between the semis and both of the drivers of the sandwiched vehicles were killed.

KY3 News reported that the driver of the second semi may have been driving more hours than permitted by federal trucking regulations. If true, the extra hours may have resulted in dangerous driver fatigue, contributing to the accident. KY3 News also reported that Federal Motor Carrier Safety Administration (FMCSA) records indicate that over a two-year period and four separate inspections, about half of this particular trucking company’s drivers were “deemed out of service.”

A little more than a year ago, the FMCSA amended their Hours of Service Rules in an effort to reduce driver fatigue and increase highway safety. However, many of the rule’s changes will not be in effect until July 1^st of this year. For example, the maximum average driving time limit will be reduced from 82 hours in seven days to 70 hours in seven days. Furthermore, drivers will be required to take a minimum of a 30 minute break after eight hours of work.

Unfortunately, the amendments to the trucking regulations will not reduce driver fatigue if they are not followed by semi drivers. Drivers who continue to exceed limitations will still pose a threat to motorists. If you are in a trucking accident, contact an attorney immediately so that an investigation can be conducted to determine if the driver or trucking company can be held liable for medical bills, lost wages, and/or other damages.

A tragic trucking accident on southbound Interstate 294 in Illinois resulted in the death of Illinois State Trooper, James Sauter. Sauter, 28, has been an Illinois State Trooper since 2008. According to Hiram Grau, Illinois State Police Director, Sauter’s cruiser was struck from behind by a semi while he was stopped on the shoulder of the Interstate.

According to witnesses, the semi was on fire at one point after the accident, but the driver reportedly suffered only minor injuries, including a possibly burned hand. Grau stated that the accident reconstruction team was still working to get more details about what actually happened and the reason for the trooper's being stopped on the shoulder. The United Van Lines driver was questioned by police and given a blood test but troopers are still waiting for the results.

The Illinois Tollway and Governor Pat Quinn both released statements regarding the crash expressing condolences. Governor Pat Quinn stated, “Today the entire state of Illinois mourns the loss of Trooper James Sauter, who worked tirelessly to protect the people of our state. Illinois is a safer and better place thanks to his bravery and commitment to public safety. Trooper Sauter’s untimely passing is a tragic reminder of the dangers our sworn officers face every day in the line of duty.” A visitation was held for Sauter on April 1^st and the funeral was held on April 2^nd.

James Sauter is the second Illinois State Trooper to be killed in this type of trucking accident in only five months. At the end of November, Trooper Kyle Deatherage, was struck by a semi and killed on northbound Interstate 55 during a traffic stop.

Rear-ended trucking accidents are extremely dangerous and pose a threat to all motorists. Contributing factors include driver distraction, fatigue, aggressive driving, and lack of maintenance. For more information, see the previous blog post, “Establishing Fault in a Rear-Ended Trucking Accident.”