Trucking Accident Attorney Blog

As a Missouri semi truck crash attorney, I’ve written here in the past about the Federal Motor Carrier Safety Administration’s attempts to tighten safety rules on the trucking industry. The centerpiece of recent attempts is CSA (Comprehensive Safety Analysis) 2010, an initiative by the FMCSA to update and improve its safety ratings for commercial trucking companies and their drivers. CSA 2010 evaluates companies and truckers using more specific measurements than before, makes that information available to the public and uses it to correct problems or take unsafe people and companies off the road. The program has the support of the American Trucking Associations, but as Heavy Duty Trucking magazine reported Nov. 30, several smaller industry groups have sued to stop CSA 2010 just before its planned Dec. 5 rollout.

Led by the National Association of Small Trucking Companies, the groups have asked a federal appeals court in Washington, D.C. for an emergency stay. They want to block the part of CSA 2010 that would release safety data, reportedly because they are concerned that customers and plaintiffs’ attorneys would use that information. The plaintiffs claimed they would suffer irreparable harm from the release of ratings they believe would be unfairly harsh. A filing from the plaintiffs said many carriers now rated satisfactory would have a “deficient/alert” rating that would hurt their business. Furthermore, they said, attorneys for people hurt in trucking accidents could use the ratings to argue that the defendant should never have hired the “deficient” carrier. They want the FMCSA to use its full rulemaking procedure, which would require public comment and notice, and to disclose the methods it uses to come up with the new safety ratings.

It’s not hard for St. Louis tractor-trailer accident lawyers like me to read between the lines and conclude that the plaintiffs in this case are ultimately worried about their profits more than their safety. In fact, the arguments excerpted into that article don’t even mention whether the plaintiffs think the ratings are unfair. They discuss the harm the ratings could do to their business, and thus of course their profits. In my opinion, this is the wrong approach to safety ratings. If ratings are shown to be unfair in the future, the FMCSA should certainly address that, but we currently have no evidence for that idea. Instead, we have carriers who are demanding a delay for long-awaited safety ratings improvements because the ratings could possibly be unfair. This sounds a lot like an excuse to delay the ratings -- and the increased safety that other drivers deserve.

Continue reading "Trucking Industry Groups Sue Federal Government to Delay New Truck Safety Rules" »

As a St. Louis 18-wheeler accident attorney, I was surprised and disappointed to read about a rare accident involving a large truck and a pedestrian. According to the Alton Telegraph, 80-year-old Robert Schaefer died Nov. 18 after he was hit by a semi truck while crossing the highway. Schaefer was crossing Illinois Route 3 at West Chain of Rocks Road, the road where he lived, in Granite City, around 3 p.m. The article says the truck was stopped for a red light when Schaefer began crossing, but the light changed and the truck driver pulled out. The driver said he did not see Schaefer, and a Granite City police officer said there is no crosswalk at the intersection. Schaefer was airlifted to Saint Louis University Hospital but pronounced dead the same evening. The article said the incident is still under investigation, but no criminal charges are expected.

I am very interested, as a southern Illinois tractor-trailer crash lawyer, by the statement that there will probably be no charges. This is not normally true in accidents involving pedestrians who were legally crossing at an intersection. In fact, the officer’s statement about the crosswalk is technically not true -- there is no marked crosswalk at the intersection in question, but Illinois law creates unmarked crosswalks between curbs or the edges of the road at any intersection. Illinois law requires vehicles to yield to pedestrians in crosswalks in most situations. Of course, it’s possible that there were special circumstances here -- for example, the truck driver would not be legally responsible if Schaefer stepped out in front of the truck suddenly.

But regardless of whether prosecutors believe there was a crime or traffic infraction, Illinois law also gives all drivers a responsibility to “exercise due care” to avoid hitting pedestrians. That’s true for all drivers, not just truckers. However, it’s especially important for truck drivers to watch for pedestrians and generally take care, because their vehicles are many, many times the size and weight of a human being. In a collision, that means they can do very serious damage -- almost certainly killing pedestrians or leaving them with catastrophic and permanent injuries. Truck drivers already have special obligations to make sure their driving is safe, including strict limitations on intoxicated driving and how many hours they may drive without rest. Failure to take this basic care can lead to terrible accidents even with other vehicles -- and with someone on foot, it’s no contest at all.

Continue reading "Southern Illinois Pedestrian Killed by Semi Truck While Crossing Highway Intersection" »

It's often said that driving is actually more dangerous than flying, statistically. However, since most people drive every day without being involved in an accident of any sort, let alone a serious one, it can be difficult to give this thought any credit. That said, however, occasionally some reminders come along that illustrate the dangers and potential chaos that can be caused by driving — particularly when semi tractor-trailers are involved.

Early on Wednesday morning, a tractor-trailer accident managed to shut down a major interstate in Ohio. A driver heading westbound near the town of Mercer lost control of his rig, and eventually tumbled into a ditch. This accident was reported as throwing debris all over the roadway. Another big rig shredded three tires on the debris before bringing his trailer under control. He was not hurt, but the first driver was taken to the hospital for injuries sustained in the crash.

Ultimately, all that happened were some relatively minor injuries, and the roadway being reduced to a single lane while workers tried to get the area clear of debris and the wrecked vehicle. However, the scenario shows how quickly things can go out of control. The accident easily could have taken place during a busier time of day. Even late at night, the accident involved multiple tractor-trailers. The second driver's vehicle could just as easily have flipped as well following three tires blowing open.

Tractor-trailers are massive vehicles that create a danger zone for all other vehicles around them. They have large blind spots making it harder to see smaller vehicle traffic, and they build up incredible momentum which makes them difficult to control. Further, many of the drivers push themselves long hours and will periodically fall asleep behind the wheel, with dangerous consequences. These are not safe vehicles to be around, and people are advised to be cautious when they must.

Tractor-trailers are massive vehicles, and accidents involving them usually end very badly for someone. Fortunately, the only damage done in a recent accident in Chenango, N.Y., was to the local power lines.

The incident occurred around 5 a.m. on Nov.9, when a tractor-trailer was driving through the city proper. Apparently, either there was a malfunction or one of the occupants of the vehicle accidentally hit a control panel, because the vehicle's extendable crane arms rose several feet above the already large truck. As the truck continued to drive in the city, the vehicle ripped down a number of power lines and large branches, disrupting services such as phone, power and Internet for a number of city residents. The driver continued for half a block before realizing something was amiss and stopping.

Fortunately, the only damage done was property damage. No people were hurt in the accident, and city services had responded to the accident by 5:40 a.m., according to sources.

However, this does illustrate a particular problem with large vehicles. They are so massive and create so much noise as they drive that the operators often are unaware of the exact situation around them. In addition, the fields of view on such trucks are not particularly good toward the sides and rear — and nonexistent for watching for any problems above.

And while no one was injured, downed power lines are dangerous things. Pulling them free could easily start a fire, or have electrocuted a pedestrian. Instead of knocking over tree branches and pulling down the power lines, what if the arms had knocked over an actual power pole, potentially into a building?

Such large vehicles are very serious entities on the road, and care must be taken with their use. Thankfully, this time instead of a grim reminder, it's more of a humorous anecdote. Hopefully this continues to be the case, and the truckers become a little more situationally aware.

A recent item in the Kansas City Star caught my eye as a Missouri semi truck accident attorney. That newspaper reported Oct. 21 on the end of a lawsuit by the family of a woman killed when her vehicle was rear-ended by a tractor-trailer. Anita Gibbs was the principal of Askew Elementary School in Kansas City before her death in 2006. She was on her way to a family celebration when a truck driver failed to slow for traffic ahead and plowed into the vehicle in which she was riding, killing all four of the women inside. The trucker was found not guilty of four manslaughter charges in 2008, but the families of the other three women sued, reaching an $18 million settlement with the truck driver and trucking company. The Gibbs family’s suit was the last of the four to go to trial and the only one to reach a jury verdict, which includes $5.25 million in compensation and $30 million in punitive damages.

According to the article, the Gibbs family argued that truck driver George Albright Jr. of Tennessee was too tired to be on the road the day of the crash. The family’s attorney told the newspaper that Albright had falsified his logs, the written record truck drivers keep showing how many hours they had driven. The federal government requires truckers to keep these logs to ensure that they follow restrictions on hours of service, which are designed to keep drivers from getting too tired. Nonetheless, the attorney told the newspaper, cell phone records put Albright in Illinois when his log said he was in Columbia, Mo. The family’s attorneys argued that Albright’s employer, CenTra Trucking Co., negligently ignored violations like this, as well as Albright’s allegedly poor driving record, contributing to the crash.

As a St. Louis 18-wheeler crash lawyer, I was interested in this story because it neatly lays out some of the important issues in any serious accident involving a large truck. The federal government restricts how many hours truckers may be in service, specifically because of concerns about the safety of drivers who have been on the road too long. Unfortunately, truckers and trucking companies have a financial incentive to break the law, because they lose money when they don’t meet delivery deadlines. As a result, industry insiders say the logs -- which are still kept on paper -- are routinely falsified. Trucking companies are complicit in this because they want to save money -- in fact, they sometimes pressure drivers into violating hours of service rules to meet deadlines. As a result, dangerously over-tired truckers are still on the roads, threatening the safety of everyone they pass.

Continue reading "Kansas City Jury Awards $35 Million to Family of Woman Killed in Trucking Accident" »

As a southern Illinois tractor trailer accident lawyer, I was disappointed to read that two men were killed in a apparently head-on trucking accident near Windsor, Ill. According to Illinois State Police, James W. Adair, 65, of Troy caused the crash when he attempted to pass by moving into oncoming traffic. Instead of passing, his armored truck collided with a tanker truck coming the other direction, tipping over both trucks. The crash killed Harold E. Keck, 70, Adair’s passenger, as well as 49-year-old James Painter of Teutopolis. Adair was hospitalized for undisclosed injuries and ticketed for improper passing.

Adair was driving west on Illinois 16 on the afternoon of Nov. 1. Near the intersection with Shelby County Road 1290 East, he tried to pass a stopped vehicle on the left, but smashed into Painter’s tanker truck. Both trucks overturned into a ditch on the east side of the road, and Painter’s truck burst into flames, killing him at the scene. The tanker truck was designed to carry chemicals such as ammonia. Fortunately, it was empty at the time of the crash, preventing a more serious explosion or a hazardous materials spill that could have threatened the community. Keck, the passenger in Adair's armored truck, was ejected from the truck even though he wore a seat belt and also died at the scene. The Illinois State Police, Shelby County Sheriff's Department, and Shelby County Coroner are investigating the accident and the deaths.

At the surface, this seems to be yet another very preventable trucking accident that nonetheless ended in deaths. Unfortunately, that’s something I see a lot in my work as a St. Louis semi trailer crash lawyer. It’s the law, and obviously also the safer choice, that drivers should check for oncoming traffic before passing in an oncoming traffic lane -- if passing is allowed at all. Drivers of large, heavy trucks have a special responsibility to make sure that they drive safely because they can do so much more damage than a typical passenger car. Where a collision between two passenger cars could end with survivors, a collision involving a car and a tractor-trailer rarely does. When a truck driver is careless about his or her responsibility to keep other drivers safe, this constitutes negligence -- something for which that driver can be held responsible by law. If negligence by the trucking company also contributed, that company can and should also be held accountable.

Continue reading "Police Attribute Fiery Head-On Semi Truck Collision to Driver’s Careless Passing" »

A trucking crash that claimed the lives of five people in North Carolina in October has been viewed with additional concern and criticism after it was discovered that the trucking company has had numerous safety citations already this year. Globe Carrier Co. of Illinois has been cited 12 times this year alone for safety violations, including two speeding tickets. Other citations that were handed out include improper lighting and lack of due maintenance on proper systems. In particular, the citations noted improper maintenance done on the company rig’s brakes.

Traveling on North Carolina's I-26, Globe Carrier driver Roumen Todorov Velkov failed to stop and crashed into a line of vehicles ahead of him. Four people were killed outright, and police charged Velkov with four counts of involuntary manslaughter as a result. Since then, another injured party has died. A sixth injured party remains in a hospital, but fortunately has improved from critical condition to serious yet stable. There is no word, however, on the degree to which his injuries might persist following recovery and discharge from the hospital.

The highway state patrol trooper on the scene said that from the damage, Velkov likely was traveling around 60 miles per hour when he struck the vehicles on the highway. Conditions were clear, the road was not curving and, perhaps most tellingly, troopers found no evidence of skid marks to show that Velkov tried to brake. Either the driver failed to brake for whatever reason or the rig’s improperly-maintained brakes failed to engage.

Velkov's bond is set at $230,000 while he is being held, with a hearing scheduled for November 12. Officers at the scene say that it's unclear why Velkov didn't stop, but they hope to get answers as soon as possible.

The company is listed as having one vehicle and two drivers, so the possibility that Velkov didn't know about the improper maintenance and citations for his vehicle are essentially nonexistent.

As a southern Illinois tractor trailer crash attorney, a recent story about a semi truck crash caught my attention. According to KFVS, Two semi trucks and a John Deere tractor collided near Anna, Ill. on the morning of Friday, Oct. 29. The tractor’s driver was essentially caught in the middle as the two Mack trucks collided and suffered head injuries. The truckers were not seriously harmed. One of them was ticketed for failing to slow down for the other, suggesting that driver was at fault.

The accident occurred as the tractor and both 18-wheelers were traveling east on Lick Creek Road. Lloyd D. Newman, 61, of Anna, was driving a green 1977 John Deere tractor. Joshua R. James, 33, of Mount Vernon, tried to pass Newman’s tractor in his red 2003 Peterbilt tractor-trailer. While James was in the passing lane, Dann Kraatz, 43, of Anna, rear-ended the tractor in his blue 1995 Mack semi truck. Kraatz's truck knocked the John Deere into the path of James's semi truck in the passing lane. Newman had to be airlifted to St. Francis Medical Center in Cape Girardeau for treatment of head injuries resulting from this collision. The article did not go into detail about his injuries or his condition. The truck drivers were both treated at the scene for their injuries, and Lick Creek Road was closed for three hours following the crash.

In my experience as a St. Louis semi truck accident lawyer, failure to reduce speed to avoid an accident is usually the result of a driver who isn't paying attention to traffic or road conditions. This can result in horrific crashes like the one that took place in Oklahoma last summer, killing ten people. Unfortunately, failure to pay attention to the road is implicated in a large percentage of accidents caused by large trucks, according to
the federal government’s Large Truck Crash Causation Study. That study found that twenty-nine percent of crashes were caused by drivers who were distracted or daydreaming. State and federal regulations of truck drivers and trucking companies are meant to minimize dangers like this by requiring drivers to get enough rest, get training, follow the rules of the road, and take care of their vehicles. Failure to do any of these things constitutes negligence, or carelessness that could hurt someone.

Continue reading "Illinois Tractor Driver Suffers Head Injuries in Collision With Two Semi Trucks" »

An extensive debate on the safety of allowing tractor-trailer vehicles to carry liquefied natural gas (LNG) on highways and through cities currently is raging. LNG is a very unstable substance. It can ignite on contact with oxygen alone on some occasions, and even if this is not the case there are often plenty of sparks, smoke and small fires to help ignite the substance in a major semi-truck accident.

This has lead to a number of regulations proposing “safe” routes for the transport of such goods. But some debate participants say these routes are nowhere near safe enough. European standards, for example, require much greater distance between LNG transport routes and hospitals or schools than current American standards.

The danger comes from multiple sources. The first is the LNG itself. Cooled to an incredibly low temperature, LNG is so cold that direct exposure from a spill usually kills on contact. Further, if the LNG ignites, the consequences could be extreme. It will burn as a pool fire, which is to say that while the liquid itself will not burn, the vapor that results will. Then as the vapor burns, it evaporates and consumes more of the fuel, creating a flame that has to burn itself out; in fact, standard firefighting practice advises waiting it out rather than trying to suppress it.

The extreme heat from an LNG fire often will burn people right through their cars, and from a considerable distance away. Second-degree burns occur within 30 seconds at any reasonable distance.

Advocates of LNG transport point to the extremely good safety record of LNG transport for the past 50 years, indicating there has only been one accident thus far in which the gas vaporized, and in that case no one was injured. They make an appeal that people should consider the probability, rather than focus on the consequences alone.