February 25, 2010

Insurers and Federal Regulators Raise Concerns About Sleep Apnea in Truckers

The Federal Motor Carrier Safety Administration, the federal agency that regulates the trucking industry, has highlighted sleep apnea as a growing concern in commercial truck safety. So I was interested, as a Missouri semi truck accident attorney, to see a Feb. 22 piece on the same topic from Business Insurance. A 2002 study by the FMCSA found that 26% of the nation’s 3.4 million commercial drivers suffer from sleep apnea. That’s substantially higher than the estimated 6.62% of all Americans who have the disorder. This is a concern for safety groups, trucking companies and insurance companies because sleep apnea robs its victims of sleep, leaving them woozy in the daytime. The FMCSA and others are concerned that this could lead to increased numbers of serious accidents caused by sleep-deprived commercial drivers.

Sleep apnea is a breathing disorder in which the neck muscles relax too much during sleep, causing interruptions in breathing that wake the patient up. It isn’t clear why truckers have such a high rate of sleep apnea, but groups at risk for the disorder include people with a body mass index of 30 or greater (considered obese), people with wide necks and men, especially older men. Because symptoms appear while the patient is unconscious, doctors believe many thousands of people suffer from it without realizing it, often for years. This presents a problem for regulators and trucking companies trying to identify drivers at risk for a sleep apnea-related accident. Another problem is that truck drivers don’t necessarily want to be screened or admit they have the problem, for fear of losing their jobs. Truckers oppose a proposed FMCSA rule requiring screening, but one trucking company in the article said its own diagnosis and screening program substantially reduced crashes.

As a southern Illinois tractor-trailer accident lawyer, I strongly support the proposed federal rule that would make sleep apnea screening mandatory. The National Highway Traffic Safety Administration has said that sleepy driving causes thousands of crashes a year. It also said shift workers who drive at night or work long hours -- both of which apply to truck drivers -- are at special risk. Sleep deprivation can actually reduce drivers’ reaction times and focus, just like alcohol. This is risky even in an economy sedan -- but in a large truck, it can be catastrophic. When the massive size and weight of a commercial truck hits a smaller car of truck, it brings much more force to the crash than another car would. All too often, the result is death or catastrophic injury to the people in the smaller vehicle, regardless of who was at fault.

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February 18, 2010

Grain Truck Accident Paralyzes Young Woman on Her Wedding Night

A recent article from the Belleville News-Democrat caught my eye as a southern Illinois tractor-trailer accident attorney. The Feb. 16 article is about Kelli and Chad Wisneski, both 20, who were involved in a serious accident with a grain truck on the night of their Nov. 22 wedding. The crash left Kelli paralyzed from the chest down and in need of major medical care, including 18 kinds of medication. She and her husband spent their wedding night at St. Louis University Hospital, from which she was discharged Feb. 9. Now, they’re living with Kelli’s parents in Freeburg, and are planning a fundraiser to help the family build an addition to accommodate Kelli’s electronic wheelchair.

Neither the bride nor the groom remembers much about the night of the accident. They were traveling down Illinois 15 to Chad’s parents’ house when they hit a grain truck pulling out from a field. Both passed out and awoke calling for one another. Chad was originally ticketed for failure to slow down, but that ticket was dropped. Neither of them was drinking. The article didn’t say what role the truck’s driver played, or whether he or she was injured in the crash. Kelli had just quit a job as a bartender and Chad worked as a roofer, but has been laid off. Both had planned to go to school in Missouri before the accident, but now they’re working on Kelli’s health. The family is waiting for Medicaid payments to begin, but in the meantime, they have only enough medication for two weeks.

I see avoidable tragedies like this more often than most, through my work as a Missouri semi truck accident lawyer. Unfortunately, it’s not uncommon for trucking accident victims to leave the scene with permanent, lifelong injuries. And, like Kelli Wisneski, these victims often end up on shaky financial footing due to their very high medical bills, with no health insurance to cover them and no hope of going back to work and earning an income. The article isn’t clear about fault for the crash, but victims may sue at-fault truck drivers and their trucking companies for all of the injuries and financial costs they caused. Of course, this is far from an adequate compensation for having your health and your dreams snatched away in an instant. But it can help trucking accident victims get medical care and support themselves financially as they learn to live with a new disability.

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February 12, 2010

Summer Trial Set for Truck Driver in Massive Interstate 40 Semi Truck Crash

As a St. Louis tractor-trailer accident attorney, I continue to follow the news about the fallout from the 2008 Interstate 40 crash. In that accident, trucker Jeffrey Knight plowed his semi truck into a line of stopped cars, leaving three dead and 15 injured, some permanently. Knight told investigators he was reaching for his cell phone at the time, which eventually led police to charge him with three counts of second-degree involuntary manslaughter. He has been held in St. Louis County jail since April of last year. Now, according to a Jan. 29 post the St. Louis Post-Dispatch’s Crime Beat blog, trial for the involuntary manslaughter charges has been scheduled for June.

Knight was driving a load of scrap metal when he approached a line of stopped cars near the junction with Interstate 270. He failed to slow or stop in time, running into or over ten vehicles before stopping. The accident killed Charles “Keith” Cason, of Caseyville, 55; Lydia Miller of Canton, 55; and Alvin Mast of Kahoka, 88. Miller and Mast were Amish and had hired a driver to bring them to a funeral in Tennessee. The Missouri Highway Patrol said Knight had a clean driving record and didn’t seem to be using drugs and alcohol. However, in its report, the patrol said Knight admitted that he had been reaching for his phone and opening it just before the accident, opening him to distracted driving charges. If convicted on all three counts, he faces up to 12 years in prison.

This was a terrible, avoidable accident. But as a Missouri big rig accident lawyer, I hope that we can at least use it as an example of why it’s so important for truck drivers to avoid driving distractions. Every driver should avoid distractions behind the wheel, of course, and public safety campaigners are starting to acknowledge that. But truck drivers are in charge of machines many times the size and weight of a passenger car, and that means they can do much more damage in a crash. For example, if Knight had been driving an ordinary sedan in this crash, it’s unlikely that he would have been able to hit ten vehicles or harm 18 people. Truck drivers are well aware of this greater danger, and I hope that means they also feel a greater responsibility to drive safely.

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February 1, 2010

Tractor Trailer Explosion Shuts Down Interstate 64 in Southern Illinois

A serious truck accident happened in our St. Louis semi truck accident attorneys’ own backyard Feb. 1. According to an article from the St. Louis Post-Dispatch, a truck ran off the road and overturned around 9:15 a.m. that day. No other vehicles were involved in the one-truck accident, but a fuel tank ruptured, causing an explosion visible that the East St. Louis Fire Department safely put out. Emergency workers spent an hour getting the truck’s driver, 35-year-old Ladon A. Trigg of St. Louis, out of his truck’s cab. He was hospitalized at St. Louis University Hospital, with injuries described as serious when emergency workers helped him away from the scene.

According to the Illinois State Police, Trigg was driving a Freightliner Truck Tractor laden with trash when he crashed his truck just east of where I-64 meets Interstates 55 and 70. They said he took the curve too fast, causing him to run off the side of the road, hit a guardrail and overturn. Illinois law enforcement may charge him with a traffic infraction or a crime. Although the injuries were not extensive, the crash shut down the eastbound side of the highway until about 3:30 and the eastbound I-64 ramp until at least 6 p.m. The U.S. Environmental Protection Agency came to the scene to help Illinois officials dispose of the spilled diesel and hydraulic equipment. A witness told the newspaper that he saw a smoke ball to into the air and that the cab was caved in.

As a southern Illinois tractor-trailer accident lawyer, I’m glad that no more injuries were reported, and wish Trigg the best luck in his recovery. Given that the crash happened at 9:15 a.m., around the end of morning rush hour, it could easily have hurt random innocent southern Illinois commuters -- or even killed them. In fact, the fact that no other motorists were involved is also a bit of luck for Trigg and the trucking company that employs him. The article doesn’t give a final ruling on the cause of the crash, but it does say the Illinois state police believe Trigg crashed because he took the curve too fast. If this is the case, he, and possibly his employer, would have been legally responsible for any injuries or deaths that could have resulted.

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