Truck driver George Albright Jr. was an employee of a staffing company known as Trucker’s Plus. Trucker’s Plus placed Albright with the trucking company Pro Logistics. Logistics Insight is a sister company of Pro Logistics. In addition, Pro Logistics hired Central Transport to monitor a driver’s log books to ensure the driver does not exceed the federal hours-of-service limits.
On June 1, 2006, four people were killed and several others were injured when a semi driven by George Albright Jr. failed to slow down in a construction zone on Interstate 70 near Columbia and plowed into the cars in front of him.
The survivors and the families of the motorists who were killed sued Albright, Trucker’s Plus, Pro Logistics, and Logistics Insight in the U.S. District Court for the Western District of Missouri, Central Division. The case, Garrett, et al. v. Albright, et al., No. 06-CV-4137, was assigned to U.S. District Court Judge Nanette K. Laughrey.
In pretrial motions, the trucker and the companies asked the court to dismiss the families’ claim for punitive damages. In a March 21, 2008 ruling, Laughrey refused.
She noted that in Missouri, a jury may award punitive damages when clear and convincing evidence proves that the defendant acted with complete indifference or conscious disregard for the safety of others. The families met that standard, Laughrey concluded.
Albright suffered a heart attack in 1997 while driving a semi. That same year, he was diagnosed with non-insulin diabetes. At the time he was hired, Albright’s doctor would only qualify him as physically fit to driver for one year rather than the standard two years. Under industry standards, a one-year qualification is a red flag. However, the trucking companies did not inquire further.
At the time Albright was hired, he was taking a large number of prescription drugs, including Valium (diazepam). However, he did not list the drugs on his medical form. Even if Albright advised the employers about his prescriptions, federal rules would prohibit a trucker from driving under the influence of diazepam unless a doctor certifies that it would not adversely effect his driving. The certification was not obtained before the accident.
Further, Pro Logistics had in place a policy that prohibited the hiring of a driver with a reckless driving conviction. In 1990, Albright had been convicted of reckless driving in his personal automobile. In 2002, Albright was cited in Ohio for speeding in a tractor-trailer.
Pro Logistics also had in place a policy that allowed them to withhold pay if a driver did not turn in his logbooks. In May 2006, the month before the accident, Albright failed to report nine days worth of logs. On May 11, 2006, he exceeded the hours-of-service permitted by federal law.
Laughrey noted that on the day of the accident, Albright’s logbooks indicated he slept in Columbia, Mo. from 6 am to 4:45 pm. But his cell phone records reveal he made calls at 5:47 am, 6:50 am, 12:57 am, 1:06 pm, 4:17 pm and 4:20 pm. The location of those calls was inconsistent with his logbook location.
Finally, one eyewitness testified that just before the accident, Albright looked like he was falling asleep. Another eyewitness, a flagman on I-70, testified that Albright appeared inattentive before the accident.
Laughrey wrote, “In this case, Plaintiffs have set forth clear and convincing evidence that Pro Logistics and Logistics Insights not only failed to observe clear industry standards for the monitoring of safe driving, but failed to follow their own corporate policies, both of which had the clear purpose of preventing injury to the motoring public from unsafe drivers.”
She also wrote that a “reasonable juror could conclude from the evidence that Pro Logistics and Logistics Insight knew about Albright’s heart condition, prescribed medications and history of reckless driving and allowed him to drive regardless.”
As a result of her ruling, the families were allowed to proceed with their request for punitive damages. On April 25, the defendants agreed to settle the case for $18 million.
The truck driver has also been charged with four counts of second-degree involuntary manslaughter. The criminal case is set for trial this summer.
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]]>The bill, SB761, would allow semis weighing as much as 85,500 pounds to use U.S. 65 and U.S. 36 highways. Currently, trucks can weigh no more than 80,000 pounds in order to use the roadways.
Sponsored by Sen. Bill Stouffer, R-Napton, SB761 would permit certified local law enforcement officers to conduct random roadside inspections to ensure tractor-trailers comply with weight and size limit laws.
In addition, the bill would ban indemnification clauses in motor carrier transportation contracts that state carriers must be indemnified for any damages arising out of a negligent or intentional act.
On April 28, the Senate approved the bill and moved it to the House Transportation Committee. On May 6, that committee voted to pass the legislation. This appears to me to be putting special interests over the interests of public safety on the highways. With the price of gas getting higher and higher cars are going to get smaller. We don't need bigger and heavier trucks on our highways.
]]>The deadly crash occurred on April 25 shortly after 5 p.m. in Chicago. A tractor-trailer driven by Don Wells, 64, careened off the Dan Ryan Expressway and slammed into a Chicago Transit Authority train station.
Eloisa Guerroro, 47, and Delisia Brown, 18, were killed in the accident. Brown was on the escalator and Guerroro was waiting on the bus stop when the truck barreled into the station.
The driver tested negative for alcohol following the crash. The truck was operated by Michigan-based Whiteline Express Ltd.
The article, written by Chicago Tribune reporters Joel Hood and Gerry Smith, also indicated that the Federal Motor Carrier Safety Administration will perform an audit of the trucking company’s safety management practices. Whiteline trucks were involved in 41 state-reported accidents in the last 30 months, including 12 that involved injuries, and one fatality.
This tragedy cost two women their lives and injured many others. Even under the best circumstances, tractor-trailers can be dangerous. But when the driver is careless, a semi is downright deadly.
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]]>On April 30, 2007, Christopher Cottrell of Fenton was driving a heavy equipment rig on Interstate 70 in Des Peres. He hit and instantly killed tow truck driver Aaron Helfrich, 32, who was working on the shoulder. Cottrell did not stop but police caught up with him later the same day. When law enforcement officers searched his rig, they found marijuana in the cab.
Prosecutors alleged that the trucker was criminally negligent because he failed to maintain his rig in a single land. He was charged with involuntary manslaughter, leaving the scene of an accident, driving with a suspended license and possession of marijuana.
Cottrell, 40, pleaded guilty today. The sentence imposed by St. Louis County Circuit Court Judge Colleen Dolan was part of a plea agreement.
As this case shows, a trucker’s negligence can quickly turn deadly. When a fatal accident occurs, the truck driver not only risks getting sued civilly for damages, the driver may also face years behind bars.
Moreover, the trucker was driving with a suspended license. According to the National Center for Statistics and Analysis, seven percent of truck drivers have had a previous license suspension. And while the toxicology reports did not detect any drug or alcohol in Cottrell’s system, he did have marijuana in the cab of his truck. According to the Large Truck Crash Causation study conducted by the Federal Motor Carrier Safety Administration, illegal drug use by truckers played a part in two percent of all accidents.
An initial free consultation with The Lowe Law Firm attorneys for victims of trucking or truck-related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.
Contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.
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According to the article titled “Countless lives changed forever,” more than 200 people have been killed in the past decade on Southern Illinois’ deadliest highways. More than half of the fatal accidents involved another vehicle.
Law enforcement officials told reporters Adam Testa and Scott Fitzgerald that excessive speed, sleepiness and inattentiveness on the part of the driver often played a role in the accidents.
As the series points out, mistakes like these can lead to tragedy. The lawyers of The Lowe Law Firm are experienced in helping families injured by motor vehicle 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.
We offer a free initial consultation for accident victims. If you cannot make it to our office, we will come to you in the hospital or visit you in your home. We have offices in Belleville Illinois and St. Louis Missouri and appointments can be made at either office.
Contact the lawyers at The Lowe Law Firm today by calling 877-678-3400.
]]>According to NBC-affiliate WOWT-6, law enforcement officials checked trucks weighing from one to 50 tons. State Patrol Trooper Katie Johnson explained:
“We make sure they have current registration, make sure the insurance is current. As far as vehicle defects, we look at almost everything.”
After thoroughly inspecting the cargo, the trucks and even the credentials of the truck drivers, law enforcement officers found 383 violations. Forty-eight trucks were immediately taken out of service because they posed a safety risk due to bad brakes or tires. Six truckers were not allowed to continue driving because their license was suspended or they did not have a valid commercial driver’s license. Officers also issued a total of $7,050 in fines.
An initial free consultation with The Lowe Law Firm attorneys for victims of trucking or truck-related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.
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On Oct. 1, 2003, Vincente Zepeda’s 76,000-pound semi slammed into the back of a 25-passenger tour bus near a toll plaza. Eight of the Chicago-area women on the bus were killed. Another 15 people were injured in the chain-reaction crash that involved five vehicles.
Zepeda, 54, was charged with eight counts of reckless homicide. Prosecutors alleged his inattention and excessive speed caused the accident. Last year, he was found guilty of the charges. On April 3, McHenry County Circuit Judge Sharon Prather sentenced Zapeda to 4 years on eight counts of reckless homicide as well as 2 years, to be served concurrently, for failing to maintain his vehicle.
According to the Daily Herald, Prather said, “A prison sentence is necessary to deter others from committing the same conduct.”
I hope that this sentence sends a message to the trucking industry. Speeding in a poorly maintained semi cost eight women their lives. A prison term that amounts to six months for each life lost is hardly a fair trade-off for the victims’ families.
An initial free consultation with The Lowe Law Firm attorneys for victims of trucking or truck-related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.
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The transportation department discussed the design – which would separate cars and trucks by adding four center lanes for semis – at a public hearing in Columbia, Mo. last night.
According to the Columbia Missourian, Kenny Voss, the MoDOT project manager for the design, noted at the hearing, that 27 percent of accidents involve big rigs and 38 percent of those crashes lead to fatalities.
The design designates two eastbound center lanes and two westbound center lanes for tractor trailers separated by a 30 foot-wide grass barrier. Trucks would exit ramps leading into the car lanes and would have about 1,500 feet to get to the highway exit. On exits with high traffic in areas near St. Louis and Kansas City, trucks would have their own exit ramp.
It is estimated that the project would cost between $3.5 billion and $4 billion. The federal government has set aside $5 million for a study. The design has not yet been used anywhere in the country.
It is encouraging to see government officials looking for ways to reduce the number truck-car crashes on Missouri highways. It will be interesting to see how the design fares in the study. One thing is certain: Too many people are injured or killed every year in collisions with trucks.
If you or a loved one has been injured or a family member has been killed in a collision with a large truck, we urge you to contact The Lowe Law Firm. Our trucking-accident attorneys will find out whether the truck driver, trucking company, or trailer owner is responsible for the accident. If so, we will then seek compensation for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.
An initial free consultation with The Lowe Law Firm attorneys for victims of trucking or truck related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.
Contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.
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]]>The accident occurred on eastbound Interstate 55-70, just before Interstate 64 splits heading east. State Police said the driver entered I-55-70 in Illinois from the St. Clair Avenue ramp and was drove across several interstate lanes, and was believed to be heading east on I-64, when the collision occurred. Traffic from that St. Clair ramp in Illinois should only go east on I-55-70, according to the police.
The dead were identified as Katrenia Travis, 29, and Sharae' Williams, 30, both from the St. Louis area. A passenger, Gloria Hampton, 24, also from St. Louis, was listed in critical condition at Barnes-Jewish Hospital.
The driver, Okiechia Travis, 22, was reported in stable condition at a St. Louis hospital. She was among three occupants of the Chevrolet Lumina who were thrown from the vehicle. Katrenia Travis, who remained trapped in the car, was pronounced dead at the scene; Williams was pronounced dead three hours later.
The truck smashed into the Lumina's passenger side. "It was a T-bone side impact situation," said State Police Sgt. Chris Trame.
The truck driver was not injured and was not held, police said. An investigation continues into the actions of the driver of the car, a spokesman said.
An initial free consultation with The Lowe Law Firm attorneys for victims of trucking or truck related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.
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The inspections were conducted on Interstate 20 after a series of deadly accidents involving tractor trailers occurred in Dallas. In an effort to reduce the dangers posed to motorists, law enforcement decided it was time to aggressively police the truckers.
What they found during the March 27 inspections was alarming. Some of the semis were operating with less than half of their brakes working. Another trucker had a loose load that could have easily caused the truck to overturn. One driver presented an incomplete log.
The trucks that failed the inspection were ordered off the road until repairs could be made. The driver with the incomplete log book was ordered to sit for ten hours to ensure he complied with the federal rules that regulate hours of service.
At least one driver blamed the high cost of fuel as the reason for cutting corners on maintenance. Truck driver Randy Gillan told reporter J.D. Miles:
“Right now, with fuel costs, everything being so expensive, they might shy away from safety to save a dollar or two.”For some drivers and trucking companies, saving a buck is a higher priority than saving a life. I think the Dallas Police should be applauded for its effort to make the highways safe for all motorists.
If you or a loved one has been injured or a family member has been killed in a collision with a large truck, we urge you to contact The Lowe Law Firm. Our trucking-accident attorneys will find out whether the truck driver, trucking company, or trailer owner is responsible for the accident. If so, we will then seek compensation for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.
An initial free consultation with The Lowe Law Firm attorneys for victims of trucking or truck related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.
Contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.
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]]>Mustafa Redzic, the owner of Bosna Driving School, allegedly promised his students -- many of whom were Bosnian immigrants -- that they’d be able to obtain a commercial drivers license in a few days rather than several weeks, that their ability to read English would not be a problem and even that a lack of driving skill wouldn’t stand in the way.
Prosecutors claim that in return for the $3,000 tuition, Redzic drove his students to his school and that he bribed a private licensing facility, Sikeston-based Commercial Drivers Training Academy, to ensure the students passed the written and driving portions of the test. Nearly $2 million and hundreds of students were allegedly involved.
According to the St. Louis Post-Dispatch:
“Redzic himself grew worried about some students, he later told investigators – students he knew were hazards behind the wheel of what he called an ‘80,000 pound bullet.’”
The charges stem from a 2004 investigation by the Federal Bureau of Investigation’s Joint Terrorism Task Force. The task force was looking for terrorists who might turn trucks hauling hazardous materials into bombs. What they uncovered – allegedly unqualified drivers allowed to barrel down the highway in an 18-wheeler – is also deadly problem. But it isn’t an isolated one.
As the St. Louis Post-Dispatch notes, a 2002 report by the U.S. Transportation Department warned that state and federal regulations were not enough to protect against the “alarming threat” posed by people who obtained fake truck driver licenses.
Because of the bribery scandals, Missouri ordered 2,500 commercial license holders to retake the test. The state legislature has also moved to end the practice of allowing private facilities to administer the commercial driving test.
If you or a loved one has been injured or a family member has been killed in a collision with a large truck, we urge you to contact The Lowe Law Firm. Our trucking-accident attorneys will find out whether the truck driver, trucking company, or trailer owner is responsible for the accident. If so, we will then seek compensation for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.
An initial free consultation with The Lowe Law Firm attorneys for victims of trucking or truck related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.
Contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.
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]]>The accident occurred on U.S. 63 in Phelps County, Mo. The girls, 11-year-old Christel Miess, five-year-old Gracey Miess and their infant sister Gaberielle Miess were riding in the back seat of a Ford Tempo. Mark Barton, 38, was driving the car and the girls’ mother, Christina Miess, was also in the car.
According to the Highway Patrol, the crash occurred at 3 pm. The three girls were pronounced dead at the scene of the accident. The Associated Press reported that all three were wearing safety devices at the time of the accident.
Barton and the girls’ mother were taken to area hospitals. The driver of the tractor trailer, 38-year-old Alvin Lewis, was not seriously injured in the collision.
If you or a loved one has been injured or a family member has been killed in a collision with a large truck, we urge you to contact The Lowe Law Firm. Our trucking-accident attorneys will find out whether the truck driver, trucking company, or trailer owner is responsible for the accident. If so, we will then seek compensation for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.
An initial free consultation with The Lowe Law Firm attorneys for victims of trucking or truck related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.
Contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.
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]]>The accident occurred at about 5:15 am on March 18, five miles north of Springfield, Mo. A Missouri Department of Transportation dump truck driven by Springfield resident Joshua Slatten, 21, was headed northbound on U.S. 65. The dump truck crashed nearly head-on into a southbound tractor-trailer driven by 32-year-old Robert Christian of De Soto, Mo.
Slatten was pronounced dead at the scene of the accident. Christian was taken to St. John’s Hospital in Springfield with moderate injuries, the Springfield News-Leader reports.
The investigation into the cause of the accident is ongoing.
If you or a loved one has been injured or a family member has been killed in a collision with a large truck, we urge you to contact The Lowe Law Firm. Our trucking-accident attorneys will find out whether the truck driver, trucking company, or trailer owner is responsible for the accident. If so, we will then seek compensation for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.
An initial free consultation with The Lowe Law Firm attorneys for victims of trucking or truck related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.
Contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.
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The accident happened on March 4 south of Indianapolis on Interstate 65. Elvin Stanley, a 47-year-old truck driver from Chicago, left the road around 1 am. The truck went down an embankment, hit some trees then drove through a fence. One of the fence posts crashed through the truck’s windshield and impaled Stanley.
State police believe driver fatigue may have been a factor.
If you or a loved one has been injured or a family member has been killed in a collision with a large truck, we urge you to contact The Lowe Law Firm. Our trucking-accident attorneys will find out whether the truck driver, trucking company, or trailer owner is responsible for the accident. If so, we will then seek compensation for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.
An initial free consultation with The Lowe Law Firm attorneys for victims of trucking or truck related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.
Contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.
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]]>The accident occurred on Dec. 27. William Hinds was driving a tractor trailer on Interstate 3 when he fell asleep at the wheel. His truck failed to slow for a construction zone and slammed into the back of a Ford Explorer. The truck then plowed into a vehicle driven by a couple from Florida, Donald W. Rautio, 67 and his 65-year-old wife, Faye. The Rautio’s car then hit a Ford Taurus driven by Caryn J. Casey, 21. The Taurus and the semitrailer burst into flames.
The Rautios and Casey were killed in the accident that involved seven vehicles.
If you or a loved one has been injured or a family member has been killed in a collision with a large truck, we urge you to contact The Lowe Law Firm. Our trucking-accident attorneys will find out whether the truck driver, trucking company, or trailer owner is responsible for the accident. If so, we will then seek compensation for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.
An initial free consultation with The Lowe Law Firm attorneys for victims of trucking or truck related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.
Contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.
Visit our Truck-Accident Information Center.
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