Trucking Accident Attorney Blog

Dayton, Ohio's Interstate 70 was closed for several hours following an accident involving a tractor-trailer that killed two women on Sunday evening.

47-year-old Tina M. Boswell of Richmond and her passenger, 72-year-old Tomella Mason, also of Richmond, were both pronounced dead at the scene of the accident, according to local news sources. However, the Ohio Highway Patrol was unable to confirm the reports of the womens' deaths, saying only that the accident occurred around 6 p.m., and that it was nearly 10:45 p.m. before the rightmost lane of the eastbound highway was opened to allow traffic through.

According to the investigation, the women apparently lost control of their vehicle and crossed the median from the westbound lanes into the path of the semi. They were apparently killed in the collision, while the driver of the truck only suffered minor injuries in comparison. The impact left the semi across all four lanes of the eastbound highway, although it seems no one else was involved in the accident.

Witnesses to the accident reported seeing multiple vehicles moving along the scene, including three ambulances and multiple wrecking vehicles. The wreckers were on scene as early as 9:40 p.m., but were unable to immediately begin clearing the scene. Police reported seeing some drivers stuck in traffic cross the median to return westbound and find an alternate route, and the backup of the accident apparently went for quite a few miles.

This case is certainly a tragic one, and illustrates just how powerful and extensive a wreck with a semi truck can be. While it is fairly clear that the driver of the semi is not specifically at fault in this incident and should thus not be blamed, his vehicle still shut down traffic for nearly five hours after the accident. The effects of a collision with one of these vehicles can easily spread out beyond the cars immediately involved.

As a St. Louis semi truck accident lawyer, I know that crossover accidents are one of the most common causes of deadly head-on crashes between passenger cars and tractor-trailers. So I was extremely pleased to see a March 22 article from the Lee’s Summit Journal saying guard cables will go in on a nearby stretch of highway that had a series of fatal accidents. The Missouri Department of Transportation will add cables to the median of U.S. Highway 50 between Interstate 470 and Third Street in Lee’s Summit. Work is expected to start May 1 and end before June, an engineer for MODOT said. The engineer added that they are extremely effective at keeping vehicles from crossing into oncoming traffic, but cost substantially less than concrete barriers.

MODOT promised the guard cables last November after two fatalities on the affected stretch of highway. They include a semi truck crash that took the life of Mark Prigge, 23, of Blue Springs. Prigge was driving west near Third Street when he crossed the median and into the path of an eastbound tractor-trailer, which hit his Jeep. The accident pushed the trailer part of the truck into the westbound lanes, endangering drivers on both sides of the highway. Fewer than two weeks later, Cozzette Latimer of Kansas City, 49, was killed when a white van crossed the median and hit her vehicle. This was an unusually high number of fatalities for Lee’s Summit, which a police officer said last saw a traffic fatality in 2008.

Losing two people in such close succession may have driven the request for guard cables from the community around Lee’s Summit. But as a Missouri big rig accident attorney, I’m glad that MODOT is responding by putting in guard cables, even if the two accidents were a sad anomaly. Crossover accidents are typically head-on accidents, and statistics as well as common sense show that head-on accidents are deadly. As I recently wrote here about a similar demand in Kansas, guard cables stop cars from crossing into traffic and endangering their own occupants’ lives as well as the lives of people on the other side. That’s especially important in 18-wheeler crashes because the much larger size of a large commercial truck virtually guarantees that a crash will destroy the smaller car — regardless of who crossed the line.

Continue reading "MODOT Says Guard Cables Will Be Installed in May in Area With Truck Fatality" »

It is impossible to predict how a collision with a semi truck will turn out for those involved. All the usual factors that affect a wreck — the speed, the direction of the crash, the weather conditions and the relative safety features of the vehicle — are all involved, of course. So is the incredible size and mass of the tractor-trailer itself. One would think that the sheer size of the vehicle would make any outcome obvious, but two stories from the last few days show just how unpredictable such an accident can be.

The first story ends happily enough, thankfully. In Yuma, Arizona, a semi truck driver was attempting to turn at an intersection. The driver apparently miscalculated how much space the turn would require, and ended up driving over the front of a car stopped at the intersection, crushing part of the vehicle. Fortunately however, the five teens inside the car were unharmed, though perhaps understandably shaken by the experience.

The second story is less heartening, reminding us that for all the miracles, there are still disasters. The Ohio State Highway Patrol reported a collision between a PT Cruiser and a tractor-trailer on Ohio's I-76. The crash happened when the driver of the Cruiser changed lanes and the semi truck rear-ended his vehicle when the driver failed to slow down. Both vehicles veered to the right and came to a stop off the road, and the driver of the smaller car was pronounced dead at the scene of the accident.

Notably, alcohol was not reported as contributing to either of these cases. The investigations are still ongoing into the matters. Did the teens stop too far forward at the intersection? Did the driver of the cruiser look before moving into the lane? Or was the contributing factor the sleep deprivation that all too often affects drivers of semi trucks under pressure to meet their deadline? Whatever the answers, the point remains that drivers must always understand that driving near a semi truck is not an experience that can be taken lightly.

Last month, I wrote from my perspective as a Missouri semi truck accident attorney about the proposal to ban use of hand-held cell phones in the cabs of tractor-trailers. As it turns out, that’s just one of several regulations the Federal Motor Carrier Safety Administration is planning for this year. Fleet Owner reported March 16 on a speech by FMCSA administrator Anne Ferro, who spoke at the Trucking Carriers Association convention in San Diego. Ferro told her audience to expect action on rules already proposed, including finalization of the phone rule, as well as several more proposed rules in 2011. The goal, Ferro said, was to ensure that the FMCSA is being “proactive” rather than “reactive” in getting unsafe drivers off the road.

Among the proposed regulations is one that would separate carriers’ accident data from the data on their safety inspections. A proposed rule on this would be published for public comment later in 2011, with the goal of helping identify which carriers have consistent problems with safety performance. Final rules on the ban of hand-held cell phones, and a related ban on texting, would be out this year as well. Ferro also addressed the controversy over the FMCSA’s plan to purchase electronic on-board recorders for Mexican trucks allowed to travel in the United States under a pilot program. The FMCSA has been heavily criticized for this in the trucking industry because U.S. trucks are required to buy their own EOBRs. Ferro reminded the audience that the proposal would only cover a three-year pilot program and that the FMCSA cannot require Mexican trucking companies to buy their own.

As a St. Louis tractor-trailer accident lawyer, I am pleased that the FMCSA is moving forward with regulations. In my experience, the federal government has not been strict enough with the trucking industry. For example, truck drivers were allowed for years to keep sleep and work logs by hand — a system the EOBRs would replace — even though this creates obvious opportunities for them to lie. The reaction to the proposal to buy EOBRs for Mexican trucks is understandable, but as Ferro said to the convention, EOBRs are an important way to ensure foreign truckers are complying with safety regulations. Without such a safeguard, there’s nothing to stop Mexican truckers from flagrantly violating good safety practices, endangering American lives and unfairly competing with American truckers.

Continue reading "FMCSA Administrator Warns Trucking Industry to Expect Increased Regulation" »

In an appalling turn of events, a tractor-trailer hauling metal pipe struck and injured a pedestrian in Pittsburgh, and the driver of the truck fled the scene rather than remaining to render aid.

The trucking accident took place near the Somerset Township, on Interstate 70. The accident happened near exit 84 at approximately 5:45 am, about a mile east of the exit. The pedestrian is 36 years old, and is listed as being in serious condition at the Pittsburgh hospital he was taken to by EMTs. According to hospital records, his name is Ralph Robert Allen of Ellsworth, and he is at UPMC Presbyterian Hospital.

According to state police, witnesses report that the driver of the truck hit the pedestrian, and immediately stopped his vehicle. Then after hesitating, he fled the scene instead of calling for aid. Police are on the lookout for the truck, which has been described by witnesses as a tractor-trailer with a brown cab, hauling a flatbed full of metal pipe.

In addition to the impact and Allen's injuries, traffic on I-70 was shut down until about 7 am Thursday morning.

Hit-and-run laws in Pennsylvania are very clear about driver responsibilities in the event of an accident.

"General rule. The driver of any vehicle involved in an accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of section 3744 (relating to duty to give information and render aid). Every stop shall be made without obstructing traffic more than is necessary."

Violating this general rule is classified as a third-degree felony, with punishment including but not limited to a minimum of 90 days in prison and a $1,000 fine. If Allen dies, the driver will be looking at a minimum of a year in prison and more than double the fine.

As a Missouri tractor-trailer accident attorney, I was disappointed to see that a trucker and another driver were both hospitalized in serious condition after a bad truck accident near Columbia, Missouri. The Columbia Missourian, the newspaper attached to the Missouri School of Journalism, reported March 9 that both were upgraded to fair that day, after the March 7 accident. According to the report, truck driver Abdi Farah, 52, of Columbus, Ohio crashed through guard cables on Interstate 70 Monday night, hitting a minivan head-on. That minivan was driven by Vander Coltrane, 61, of Columbia. Charges are pending the results of an investigation.

The Missouri Highway Patrol says Farah lost control of his big rig in the eastbound lanes of I-70, overcorrecting for reasons it couldn’t immediately say. The truck crashed through the guard cables in the middle of the highway and ended up in the westbound lanes, where it hit Coltrane’s minivan before overturning. The Boone County Fire Protection District had to work to extract both victims from their vehicles. A spokesperson for the Missouri Highway Patrol said it also had to untangle the tractor-trailer, which had been entangled in the cables, before it could get the truck off the road. The Highway Patrol said it was clear that Farah failed to stay in his lane, but no charges would be filed until it finished its investigation.

Those results will be interesting to me as a St. Louis semi truck accident lawyer. Departing from your lane in traffic almost always puts you at fault for any accident that results. That is not to say that being legally at fault is the same as committing a crime. For example, if Farah had a heart attack, he may not have been capable of controlling his 18-wheeler. Thus, he might not be considered responsible for reckless driving or other crimes. However, that doesn’t mean he would escape liability in a Missouri trucking accident lawsuit. Even if his behavior wasn’t criminal, it may still have been unreasonably careless for him to go out on the road, or his trucking company to let him, if he knew he had a heart problem that could cause this kind of crash.

Continue reading "Semi Truck Breaks Through Guard Cables Near Columbia, Sending Two to Hospital" »

An accident involving a semi truck killed a 13-year-old girl on the west side of Indianapolis this Friday. The young lady was named Justice Holifield, and was a resident of Indianapolis. Her parents have been notified of the accident.

According to reports, Holifield and several classmates were riding with their band instructor, Kyle Bieda. Bieda is 26, while the other two students are 12 and 13. Bieda states the group was on their way to purchase some items for an event at their school.

Bieda was turning from a city road onto the interstate when the semi truck, coming from the opposite direction, collided with his Oldsmobile. Justice died shortly after the collision.

According to local news sources, the Indiana Public School (IPS) system released a statement about Justice a few hours after the accident.

"The entire IPS family is deeply saddened by the loss of Justice Holifield, a seventh-grade beginning band student at Harshman Magnet Middle School. In an effort to help students and staff deal with their grief, members of the district's crisis team will be at the school on Monday to provide support and counseling. IPS asks the community to keep Justice and her family in their thoughts during this difficult time."

The other two passengers from Bieda's car were treated for minor injuries, and are expected to be released from the hospital over the weekend. Bieda appears to have been largely unharmed himself.

There is as yet no word on who was at fault in the accident. Police say that alcohol does not seem to have factored into the collision. Further, there have been no citations issued in the accident, either to Bieda or to the semi driver. Whether the investigation is ongoing or closed is currently unclear.

What is clear is that semi trucks remain a very dangerous, real presence — and not simply on interstate highways.

As a Missouri tractor-trailer accident attorney, I was interested to see news reports about a crash that could have become a tragic pileup. As the News-Leader of Springfield reported Feb. 27, a big rig carrying mayonnaise overturned on Interstate 44, spilling its slick load across the road. Fortunately, no one was seriously hurt in the crash, although authorities were surprised that the trucker was able to walk away. But the accident closed the highway’s eastbound lanes near U.S. 65 for several hours as crews worked to clean up the road. One responder described walking on the mayonnaise slick as similar to walking on ice.

Reports say the truck was carrying mayonnaise in bags for Subway restaurants. However, the driver apparently lost control as he reached the junction of I-44 and U.S. 65, driving through a cable guardrail and into the median. There, the truck crashed through a guardrail and into a bridge support for the 65 overpass. The accident opened the trailer, spilling its 40,000 pounds (20 tons) of mayonnaise all over the highway. Fortunately, all of the drivers following the truck managed to stop before they could crash as well. MoDOT has inspected the bridge supports and decided they don’t need repair, and the driver was not harmed. However, the road was closed for several hours and traffic rerouted as MoDOT cleaned up.

This accident is giving people across the country some giggles at the thought of 20 tons of mayonnaise on the road. But as a southern Illinois semi truck accident lawyer, I know it could have been much worse if the drivers behind the semi hadn’t been able to stop in time. Mayonnaise is slick like ice, as the police spokesperson said; it could easily have caused cars following the big rig to slip, as we’ve seen in recent ice-related accidents. To make matters worse, those drivers would have had very little opportunity to prevent their crashes. That is, the crashes would likely have been the fault of the trucker who drove into the bridge in the first place, but the people in the following cars would have been just as injured. That’s why it’s so important for truck drivers to be careful on the road.

Continue reading "Semi Truck Accident in Springfield Spills 40,000 Pounds of Mayonnaise on Highway" »

A tractor-trailer owned by Southwest Freight Distribution of Dallas overturned on state highway 121 near Melissa, Texas, this weekend, causing a major snarl in traffic. Fortunately, no one was hurt in the truck accident, although it is very easy to see how they could have been. In addition, the crash caused large expenses in man hours and cleanup operations, as well as wasted time and gas for the motorists stuck in the jam after the incident.

According to police, the truck was going too fast along a very sharply curved southbound exit, and went through a guard rail as a result. This overturned the truck, spilling its cargo of scrap metal and also rupturing the fuel tank. Diesel fuel was spilled all over the road and around the exit. Again, the damage was thankfully minimized as Melissa's volunteer fire department was able to get on scene and secure the spill.

The issue doesn't lie so much in the specific damage done as in the underlying problem that truck drivers are operating their vehicles in an unsafe manner.

"If you've gone down that ramp at any point lately, (you'll see there are) added caution bumps, additional signs and flashing lights on top of those signs," said police Sgt Kyle Babcock. "There is literally not any more warning or signage devices that they can add currently and people will still carry too much speed into that curve and lose control and crash. It happens in inclement weather and perfect weather like now."

Everyone either has or knows someone who has seen the reduced speed limit signs on the curve of an exit and hasn't complied. In a smaller passenger car this is easy enough to control, although still illegal. Tractor-trailers, on the other hand, are carrying extraordinary weights of cargo, cargo that all adds mass to the outside of a turn. This time, no one was hurt, but it's all too easy to see just how disastrous this accident could have been, and in many other places would have been.