Trucking Accident Attorney Blog

For the second time in just over a month, a passenger train has hit a vehicle across the tracks in Macoupin County, Ill. According to the St. Louis Post-Dispatch, the Chicago-bound train hit a garbage truck that was on the tracks just north of Carlinville, in southern Illinois, early on Jan. 15. Nobody on the train was seriously hurt, according to the paper, and the garbage truck's driver did not appear to have life-threatening injuries. However, the truck was destroyed, with the frame carried three-quarters of a mile down the tracks from the cab and driver. The accident came just over a month after a Dec. 8 trucking accident between a semi and an Amtrak passenger train near Brighton, Ill. No one was seriously hurt in that accident, but the train derailed and nine people were treated at local hospitals.

According to federal railway statistics, cars and trucks parked on the tracks are one of the most common causes of train accidents. Authorities ultimately attribute most of them to bad decisions by the vehicle's driver -- often a dangerous attempt to beat the train and avoid waiting for it to pass. Two accidents in the same area within such a short period of time might be an unpleasant coincidence, but they might also be a sign that there's something wrong with railroad crossing signals in southern Illinois, or of safety problems with the trains themselves.

These are important considerations, because passenger cars have very little chance in a serious Missouri car wreck with a train. Trains regularly operate at speeds of 70 mph, as the article notes this one did, and have a hard time stopping. They are also very heavy -- even heavier than semi trucks -- and in a collision, all of that weight becomes force that's brought to bear on the car. The resulting crash is likely to destroy the vehicle, just like this crash did to the garbage truck, and cause wrongful deaths or very serious brain trauma, spinal damage or other permanent disabilities for the people inside.

Those injuries are always a tragedy. But if it turns out that the train company or local transit authorities could have prevented them by taking a little more care, those organizations may also be legally liable in a southern Illinois car wreck lawsuit. In a lawsuit, victims and their families can win the money they need to pay steep medical bills caused by the accident; make ends meet while victims are out of work; and compensate them pain, suffering, disability or the loss of a loved one. The Lowe Law Firm represents people who were seriously injured in auto accidents throughout southern Illinois and Missouri. If you believe you have a case and you'd like to know more, you can contact our firm for a free consultation.

More than a dozen vehicles were involved in a chain-reaction accident on westbound Interstate 70 near Warrenton, about 50 miles west of St. Louis, Missouri on December 23, 2008. As reported by the St. Louis Post-Dispatch, the accident claimed the life of one motorist, Edwin W. Sargent, when he was struck by an out-of-control tractor trailer.

Edwin Sargent, 50, of Mill Spring, N.C., survived the initial crash. Sargent’s Toyota Camry had slid off the icy interstate and struck a Chevrolet that had already slid into the median and hit the cable barrier. Soon after Sargent and the driver of the Chevrolet exchanged information and took cell phone photos of the damage, two tractor-trailers came over a hill near the crash.

The drivers of the tractor-trailers lost control, and the two trucks smashed into each other. One truck flipped around and slid along the median, its rear tires on westbound I-70 and its front tires on eastbound I-70, striking and killing Sargent.

The driver of the Chevy, who was not identified, had gotten back into his car but was also seriously injured when the out-of-control tractor trailer struck his vehicle. Others were also injured.

From a legal perspective, Missouri law provides that “[e]very person operating a motor vehicle on the highways of this state shall drive the same in a careful and prudent manner, and shall exercise the highest degree of care, and at a rate of speed so as not to endanger the property of another or the life or limb of any person”. R.S. Mo. 304.010. Missouri courts have held that “whether speed is excessive ordinarily depends upon the condition of the highway and surrounding circumstances”. Wolfe v. Harms, 413 S.W.2d 204, 210 (Mo. 1967).

This accident demonstrates why tractor trailer drivers should exercise the highest degree of care while driving their rigs, which may weigh in excess of 80,000 pounds. While the collision between Sargent’s Toyota Camry and the other driver’s Chevrolet resulted in a mere fender-bender on the icy road, the out-of-control tractor resulted in a tragic fatality.

In cases where trucking accidents cause serious harm or death, victims have the right to sue the people or organizations at fault for the accident. In an Illinois or Missouri trucking accident lawsuit, victims can claim payment for the financial costs of the accident, such as medical bills, and compensation for serious injuries, disabilities and any wrongful death.

The Lowe Law Firm represents victims of commercial truck accidents throughout Missouri and southern Illinois. Located in St. Louis and in Belleville, Ill., our experienced trucking accident lawyers can help you pinpoint who was at fault for the accident, protect your rights from any wrongdoing by lawyers for the other side and prove your case in a court of law (if necessary). If you would like to know more, you can contact the Lowe Law Firm online or call us toll-free at 1-877-678-3400.

Investigators into a multi-car trucking accident on Highway 40 say the truck driver was using a cell phone at the time of the wreck, the St. Louis Post-Dispatch has reported. According to the paper, the driver admitted to investigators that he was reaching for and opening his phone before his truck hit a line of vehicles at the junction with Interstate 270. He may also have told a witness that he was using the phone and apologized, the paper reported.

The investigations are not yet complete, but a spokeswoman for he Missouri Highway Patrol said the investigation has already found "several violations." The truck driver may be criminally charged when the Missouri Highway Patrol turns the case over to the St. Louis County prosecutor's office. The crash killed three people and left 15 others injured, some quite seriously. At least five Missouri truck accident lawsuits have already been filed, along with another trucking accident claim in southern Illinois. The article starts with a story of one of the survivors of the crash, a man who suffered severe brain trauma when his Toyota Camry was crushed by the tractor-trailer. The man, 53, now lives in a nursing home and depends on a feeding tube to survive.

Unfortunately, this kind of horrific injury is not an unusual outcome for a serious commercial truck accident. As we have mentioned before on this blog, trucking accidents can be very serious because the much greater weight of the truck can literally crush a car, pickup or SUV. This can cause very serious injuries to the vehicle's occupants, including serious brain injuries like this one, paralysis, severe burns and even wrongful deaths. And that means everyone on the road runs serious risks when truck drivers (and trucking companies) make even one serious lapse in judgment. Government agencies set strict rules for the trucking industry because they understand those dangers. But all too often, trucking companies and truckers break those laws to save a little money, make their deliveries on time or just to make a phone call.

When carelessness or law-breaking by truckers leads to deaths and serious injuries, the victims can and should hold them responsible by filing a legal claim. In a St. Louis trucking accident lawsuit, victims can win payment of their medical bills and other financial outlays caused by the accident; make up for a lost income; and win compensation for a premature death or lifelong disability. At the Lowe Law Firm, we represent truck accident clients in both Missouri and southern Illinois. If you would like to speak with our experienced trucking accident lawyers about your case at a free consultation, please contact us online as soon as possible.

A truck driver who was involved in a deadly highway pileup in St. Louis last summer admitted to a Missouri Highway Patrol investigator that he was distracted by a cell phone before he ran into a line of 10 cars, the St. Louis Post-Dispatch reports.

On July 15, 2008, Jeffrey R. Knight was driving a tractor-trailer loaded with scrap aluminum. Knight was traveling on Highway 40, just before the Interstate 270 exchange, when he reached for his cell phone.

“I reached across the dash to get my cell phone. I flipped the phone open, looked back at traffic, and I was there right at the last car (in the line of cars stuck in traffic). I didn’t see any brake lights or emergency flashers. After I hit the first car, I just remember holding the steering wheel and seeing cars going to my left and right.”

The article also states that the truck driver apologized to a nurse who stopped at the accident scene and said the accident probably would not have happened if he had not been on his cell phone.

Three people were killed in the pileup and 15 were hurt, including Mark Tiburzi, a 53-year-old who suffered severe brain trauma and now lives in a nursing home.

The Highway Patrol hopes to turn the case over to the St. Louis County prosecuting attorney’s office by early February to determine if charges should be filed.

Although a report compiled by the Highway Patrol officer at the scene has not been completed, a 140-page report prepared by the accident reconstruction team is done.

The accident scene provides many clues to the events leading up to the crash. Along with the black-box and GPS data, accident reconstructionists review eyewitness statements, skid marks, and the positions of the vehicles after the crash to answer the question of fault. Because this evidence can be destroyed, it is important to contact a lawyer as soon as possible after an accident.

The lawyers of The Lowe Law Firm are experienced in helping the victims of truck accidents. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

Contact the Missouri/Illinois trucking accident lawyers at The Lowe Law Firm today at 877-678-3400.

A collision between two city buses in Lynchburg, Virginia sent three people to the hospital with minor injuries, The News & Advance reports.

The crash occurred on Jan. 12. Two buses were approaching a stop light when a bus driven by James Fitzhugh slammed into the back of the other bus. Fitzhugh was charged with reckless driving.

According to the Federal Motor Carrier Safety Administration, more than 13,000 buses were involved in crashes during 2007. Of that number, 322 people were killed and nearly 16,000 people were hurt.

Because buses are common carriers, the companies and their drivers owe a high degree of responsibility for transporting each passenger in a safe manner. A transit company that fails to fulfill this responsibility may be required to compensate victims for their injuries.

If you have been injured or a loved one has been injured or killed in an accident involving a common carrier, please contact our attorneys for legal assistance as soon as possible. We will investigate to determine whether the bus driver was responsible for causing the accident.

The lawyers of The Lowe Law Firm are experienced in helping victims of bus accidents. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases. Contact the lawyers at The Lowe Law Firm today by filling out our online form or calling 877-678-3400.