Trucking Accident Attorney Blog

As a Missouri 18-wheeler collision attorney, I have seen many families devastated by horrific accidents caused by careless semi truck drivers. The vast majority of these accidents could have been prevented if truckers had not been too exhausted or distracted to drive safely, or had not made poor judgments about their speed or following distance. Having seen so many of these cases, I was glad to see an article aimed at truck drivers that points out the benefits of driving safely and obeying the law for them and their careers. I hope that this article will be widely read and heeded.

Jim C. Klepper, the author of the article, says truck drivers need to take responsibility for educating themselves about all trucking laws and regulations, which may differ from state to state. They also must be aware of all of their company's rules, policies, and procedures, and should keep copies of all of the laws, regulations, and company policies with them in their trucks so that they can keep on top of them. Obeying the law by avoiding speeding and tailgating helps truckers avoid accidents and hold onto their commercial driver’s licenses and their jobs. All trucking companies and their insurers want accident-free truck drivers, and under the new Comprehensive Safety Analysis 2010 program that I discussed recently, even the smallest infraction will show up on truck drivers' records. Maintaining a scrupulously clean, law-abiding record, Klepper advises, is the surest way to move ahead as a truck driver.

Klepper is the president of a law firm that defends truckers, so he has truckers' interests in mind. As a St. Louis semi trailer crash lawyer, my mind is always on the rights of victims of negligent truck drivers, so I'm pleased to see that Klepper and I agree that preventing accidents with safe driving and obeying the law benefits both groups. From the truckers' perspective, complying with laws, regulations, and company policies helps them to be team players with their employer and helps them avoid getting in trouble with the Department of Transportation, Federal Motor Carrier Safety Administration, or law enforcement. But it's also vital that truckers drive safely and lawfully for the sake of drivers who share the roads with truckers, and who are vulnerable in crashes with trucks due to the sheer size and weight of large trucks.

As the Federal Motor Carrier Safety Administration's Large Truck Crash Causation Study showed, many of the fatal crashes in which truck drivers were at fault resulted from exactly the kinds of illegal behaviors that Klepper cautions against. For example, 23% of truck drivers in the crashes under study were speeding, 9% were making illegal maneuvers, 7% were driving aggressively, 5% were following too closely, and 1% had used alcohol. Most of the other accidents in the study could be attributed to the drivers' failures to obey trucking laws and regulations on things like the number of hours they could drive before taking a required rest period, or maintenance of their rigs.

Klepper doesn't mention this in his advice to truck drivers, but as a southern Illinois semi truck accident attorney, I can tell them that there’s one more extremely important reason to know and obey trucking laws, regulations and policies: the law. If a truck driver is negligent and hurts someone, that driver may be required to pay large sums of money as compensation to that victim; will probably lose his or her job; and might even go to jail. Victims or their survivors can sue truckers and trucking companies for financial compensation, requiring those who caused the harm to pay for it. The compensation victims are entitled to may include medical costs, funeral costs, replacement of destroyed property such as the family car, lost past and future wages, and pain and suffering. This can, and often does, add up to six figures or more.

Continue reading "Sound Career Advice for Truck Drivers Could Help Prevent Accidents as Well" »

As a Missouri tractor-trailer accident lawyer, I was pleased to see a Jan. 13 blog post from FleetOwner.com addressing the dangers of texting while driving. The Trucks at Work blog made the case that truckers and the trucking industry generally should pay attention to this issue, in part because it’s a growing concern for safety advocates throughout the United States. The federal Department of Transportation and the private National Safety Council have made cell phone use behind the wheel a focus of their campaigns against distracted driving. In fact, the NSC this week launched a MADD-like organization advocating against texting while driving, named FocusDriven.

According to the blog, the NSC estimates that drivers using a cell phone in some way cause 28% of crashes. The majority are drivers talking on the phone, according to the NSC, but 200,000 of those crashes, or 3% of crashes overall, were caused by drivers involved in texting. Using other research, the blogger suggested that the true number of texting-involved crashes could be as high as 1 million. While the author didn’t seem to think truckers were likely to be guilty of texting-- despite some research to the contrary -- he suggested that truck drivers should care because people in smaller vehicles were likely to cause crashes. According to research from the Auto Club Foundation and the Federal Motor Carrier Safety Administration, truckers did nothing unsafe in 73% of all crashes.

As a southern Illinois trucking accident attorney, I won’t argue with those numbers. Research consistently shows that drivers of heavy trucks crash less often than non-commercial drivers. However, when trucks do crash into passenger vehicles, they can cause deaths and devastating injuries, even if the same accident wouldn’t have been serious if the truck had been another car. Or, to put it another way, trucks’ much greater size and weight gives them the potential to kill and permanently disable the motorists around them, regardless of fault. That makes it essential for truck drivers to drive carefully and avoid anything that could impair their driving or judgment. And that means truckers have at least as much responsibility as other drivers, if not more, to avoid texting on the road.

Continue reading "Trucking Industry Blog Highlights Dangers of Texting on the Road" »

The federal government has approved a plan to build truck-only lanes on Interstate 70 throughout the entire state of Missouri, the Kansas City Star reported Sept. 9. The Federal Highway Administration gave its approval to the plan by the Missouri Department of Transportation, which means the project is now eligible for federal funding. That’s an important consideration, the newspaper said, because the state highway agency currently has no money to start building. It hopes to secure $200 million from the federal stimulus package to begin building the truck-only lanes on a 30-mile section of highway in Saline and Cooper Counties. Once this section is in place, MoDOT hopes motorists’ initial experience with it leads to further funding from other sources.

The Missouri lanes are part of an ambitious and potentially groundbreaking project to build truck-only lanes on 800 miles of Interstate 70 across four states -- from Kansas City in the west to the Ohio-West Virginia border to the east. Other states have limited truck-only lanes, but according to the Star, nothing so large exists anywhere in the U.S. Perhaps as a result, the project is controversial. MoDOT and many in the trucking industry say truck-only lanes would reduce serious trucking accidents in Missouri, by separating large, heavy trucks from passenger cars. A grassy median would lie between the lanes, and dedicated exit lanes for trucks in areas where they are deemed safe. However, the Sierra Club of Missouri argued that the lanes could actually increase accidents because trucks would have to cross lanes of traffic to exit the highway, and cars would be in their blind spots during that time.

As a Missouri tractor-trailer accident attorney, I cannot help but notice that cars are already in trucks’ blind spots. Under the current setup, drivers run that risk during the entire time they are on the highway, rather than just during the moments when the truck exits. For that reason, and because the Sierra Club is an environmental organization, I suspect the Sierra Club’s concerns actually lie more with the environmental impact of the project. There is a place for environmental concerns, but as a St. Louis semi truck accident lawyer, I am more concerned about the hundreds of Missourians and nearly 5,000 Americans who die in fatal trucking accidents each year on average. According to the federal Department of Transportation, another 101,000 were injured in big rig accidents in 2007 -- including people who were left disabled for life by brain damage or paralysis. If our state has a chance to reduce these tragic accidents with truck-only lanes, I believe it’s worth at least exploring.

Continue reading "Federal Government Approves Truck-Only Lanes Plan for Interstate 70 Through Missouri" »

More than 1,000 trucking companies have avoided a federal regulator’s order to shut down and pay fines for safety violations by simply changing their names, the Associated Press reported July 30. The revelation comes from a study by the Government Accountability Office of “motor carriers” -- trucking and bus companies -- regulated by the Federal Motor Carrier Safety Administration. The agency orders hundreds to shut down every year for safety violations including failure to drug- and alcohol-test drivers, lack of licenses and using unsafe equipment. But according to the report, hundreds of companies stayed in business by simply changing their names and reapplying for a federal license using the same owners’ names, addresses, contact information, employees and equipment.

The report found at least 20 out of 220 bus companies and 1,073 out of an unknown number of trucking companies believed to be “reincarnated” under new names after discipline in 2007 and 2008. In fact, more than 500 were still operating as of late July. The GAO suggested that the number of reincarnations may be even higher because its study only looked at exact matches of addresses and other information, not at close matches or similar information. The situation poses a serious safety threat, a GAO official said, because these carriers were ordered out of business for potentially deadly safety violations. As an example, the article cited a 2008 bus crash in which 17 people died after a tire blew, forcing the bus off the road. The blown tire was a retreaded tire mounted on a steering axle, in violation of federal law. The bus company in that case was reincarnated under a new name after being taken off the road two months earlier by federal regulators.

As a Missouri tractor-trailer accident attorney, I am less shocked at this report than other readers may have been. Because I work every day with accident victims, I’m sorry to say that I know how far some trucking companies are willing to compromise safety in order to save a few dollars. Truck drivers are required to keep logs of when they drive and rest so they don’t drive when over-tired; trucking companies almost routinely encourage them to lie on those logs if necessary to make deliveries on time and avoid losing money. I have also seen cases of trucking companies sending their drivers out without inspections of brakes and other essential equipment; and knowingly hiring drivers without a valid commercial license. These safety violations break the law and raise the risk of a deadly big rig accident, endangering the innocent drivers and passengers who happen to be sharing the road with the trucks.

Continue reading "Federal Report Finds Hundreds of Trucking Companies Ordered to Shut Down Still Driving With New Names" »

A new study by the Virginia Tech Transportation Institute confirms what many Missouri truck accident attorneys have known for ages: Text messaging substantially raises a semi truck driver’s chance of a serious accident. According to an article published by the New York Times July 27, the VTTI found that text messaging by truckers raised the chances of a crash or a near-crash by 23 times. The director of the study told the Times that even compared to other driver distractions, texting “is in its own universe of risk.” Tom Dingus, who heads the institute, said he believed the study showed that texting while driving should be illegal.

To gather its data, the institute placed cameras in the cabs of tractor-trailers for 18-month periods, then watched to see what drivers were doing right before a crash or near-miss. They found that when drivers sent or received a text message, they took their eyes off the road for an average of five seconds. According to the Times, that’s enough time for a truck traveling at highway speeds to drive across an entire football field. The study did not look at texting among drivers of passenger vehicles, but the authors said the results can be generalized to all drivers because truckers’ driving behaviors aren’t substantially different. Preliminary results from another VTTI study on texting, this one focusing on teenaged drivers, show similar results, as do studies from other laboratories, notably the University of Utah.

As a St. Louis tractor-trailer accident lawyer, I am disturbed by these results. A big rig crash at highway speeds can do severe damage to any smaller vehicle that happens to be in the way. For the driver and passengers in that vehicle, that means wrongful death or catastrophic injuries, including severe burns and brain damage. With the risks so high, I believe it’s unacceptable for truck drivers to have their eyes off the road long enough to travel the length of a football field -- or any longer than necessary to do their jobs. Dingus may be right that nobody should text and drive, but given the havoc a trucking accident can wreak on innocent bystanders’ lives, it’s especially important for drivers of large trucks.

Continue reading "Study Finds Truckers Have 23 Times Greater Risk of Crashing When Text Messaging" »

Last week, an annual campaign dubbed Road Check 2009 was held at more than 1,000 locations across North America. Sponsored by the Commercial Vehicle Safety Alliance (CVSA), the inspections took place from Tuesday, June 2 through Thursday, June 4. Over these three days, state law enforcement agencies conducted intensive inspections of safety equipment and practices aboard 18-wheel vehicles. The inspections included seatbelt use, vehicle condition, truck drivers' logbooks (to verify that drivers were getting enough sleep), licenses and insurance documents. Signs of possible drug and/or alcohol use also were investigated. "Our ultimate goal is the safety of everybody on the roadways," said Texas DPS Trooper Gabriel Medrano in a statement. "With these trucks being as large as they are and with I-40 being as packed as it is with trucks, [we want] to ensure that everybody on the roadway [is] safe and taken care of."

In my time as a St. Louis commercial truck accident lawyer, I have seen more than my share of these unnecessary and tragic accidents, so I applaud this campaign wholeheartedly. The amount of potential damage caused by these large vehicles is much higher than that of cars, pickup trucks, SUVs and other conventional vehicles. Let's face it: in a head-on collision with a big rig, a compact car doesn't have a fighting chance. For this reason, commercial truck drivers are held to driving laws significantly more stringent than those of the average motorist.

But as accident statistics show, truck drivers don't always comply with these rules. Commercial drivers are typically paid by the mile and penalized financially for failing to meet deadlines, so they have an incentive to drive longer, even after fatigue has set in. To combat this, some drivers use stimulants to keep themselves alert on the road, but the effects of these drugs can be hard to predict, and often make the driver and other motorists less safe, not more.

As not only a Missouri commercial truck crash attorney but a concerned citizen, I sincerely hope that there will be more checks like these in the coming year. Still, one might argue that these test should be taken a step further. For example, Road Check is announced a year in advance, giving truckers plenty of advance warning so they could be sure to be on their best behavior. To quote a January 1 post on a popular trucking industry blog, "Make your vacation plans in advance this year...No I am joking, it really is not that bad, just make sure you are legal these days."

The comment was made in fun, but it does point to the fact that many drivers who habitually break the law could refrain from doing so on those days, only to return to old habits when the checks were over. I can see why the CVSA might want to conduct the inspections only once a year as a concerted effort, but I would speculate that random vehicle checks would give drivers more incentive to stay clean and sober, and to work realistic shifts that end well before they are too tired to maintain control of their faculties. In addition to making the roads safer, it could help to ensure that law enforcement resources, and your tax dollars, are being used efficiently.

In spite of the advance warning, the CVSA said last year's road checks cited more than 1,400 violations from nearly 200 drivers. That's over just a few days. This goes to show that big rig accidents are still far more common than they should be -- especially when you consider that the law not only holds drivers accountable for commercial truck traffic violations, but often the companies they work for as well.

If you or someone you love has been seriously injured or killed in a Missouri or southern Illinois trucking accident, don't wait to contact The Lowe Law Firm. With offices in St. Louis and Belleville, Ill., our St. Louis big rig accident lawyers represents people throughout Missouri and southern Illinois who have been seriously hurt in accidents involving large trucks. To learn more about how we can help you in a free, confidential consultation, please contact us online, or call us toll-free at 1-877-678-3400.

After a series of fatal head-on semi truck accidents, the Kansas Department of Transportation plans to install highway median guard cables in certain areas of the state, the Kansas City Star reported May 11. The barriers are thick, strong metal cables that divide lanes of traffic moving in opposite directions. Missouri began installing them in 2000 and has reported some success in reducing crossover accidents, in which one motorist crosses the median into opposing traffic and causes a head-on accident.

The cables are planned for two major locations -- on U.S. route 75 near Topeka and on Kansas state highway 96 near Wichita. Ironically, the sites of the accidents that inspired the project -- two highways in Johnson County, in suburban Kansas City -- would not be affected. A spokesman for KDOT told the newspaper that cables aren’t practical or effective in areas with low traffic and wide medians. But Jeff Risner, who lost his teenaged son to a drunk driver who crossed a wide median in Johnson County, said he thought the decision was less about safety than money. The Associated Press reported that installing the median cables cost an average of $125,000 per mile in other states.

I can certainly understand KDOT’s reluctance to spend money in a bad economy. But as a Missouri trucking accident attorney, I hope this experiment in Topeka and Wichita works well enough to free up more funding for median guard cables. Crossover accidents are relatively rare -- but when they happen, they are likely to be fatal. In fact, crossover accidents are a common cause of head-on semi truck accidents, which are almost always fatal for the people inside the smaller vehicle. It doesn’t matter whether the truck or the car crossed the median; thanks to the size and weight of the truck, the car is likely to be crushed. Better guard cables could prevent many of these accidents, or at least convert them into smaller, less catastrophic crashes.

When trucking accident victims live, they can have extremely serious injuries, including severe burns, paralysis and brain damage. If the accident was caused by the carelessness of a truck driver or trucking company, the victims have the right to file a trucking accident claim. In a Missouri semi truck crash lawsuit, they can win compensation for a death or permanent disability, as well as money to cover the costs of the accident, including any lifelong medical care victims may require.

If you or someone you love is in this situation, The Lowe Law Firm can help. With offices in St. Louis and Belleville, Ill., our St. Louis big rig accident attorneys represent people throughout Missouri and southern Illinois who have been seriously hurt in accidents with large trucks. To learn more about how we can help at a free, confidential consultation, please contact us online or call toll-free at 1-877-678-3400.

The Missouri Department of Transportation is pressing ahead with its plan to build truck-only lanes on part of Interstate 70, the St. Louis Post-Dispatch and the Examiner of Independence, Mo. reported. After a yearlong study of the effects and cost of the project, the department is proceeding with public discussions of the plan, such as the one held March 5 in Blue Springs. The project currently has no funding, but the department is still planning in the hope that it can be ready -- even “shovel-ready” -- when it can secure the money.

The plan applies to nearly 200 miles of I-70, one of the busiest corridors for trucks in the country. MoDOT’s plan calls for widening and rebuilding the highway between Lake Saint Louis and Independence, setting aside two lanes exclusively for trucks and two for passenger cars, pickups and SUVs. It would also add interchanges used exclusively by trucks, some used exclusively by cars and some new bridges. The goal is to separate truck traffic from everyday car traffic, to improve the safety of both sets of traveler. According to the department, trucks are involved in 28% of all accidents and 40% of fatal accidents on I-70 through Missouri.

Both truck drivers and car commuters like the idea, according to the articles. As a Missouri trucking accident attorney, I don’t find that at all surprising. Drivers of smaller vehicles get nervous around trucks because trucks’ bigger size and weight poses a real danger in an accident. And truckers, who must control those large vehicles, can’t always stop their trucks in time when car drivers cut them off or cross the center divide. The result is generally death for the people in the smaller car or very serious injuries, including brain damage and paralysis.

This is a tragedy no matter what the circumstances, and I hope that MoDOT’s plan is able to save lives and prevent catastrophic disabilities. But when a Missouri large truck accident is caused by a trucker’s or trucking company’s carelessness, victims have the right to sue those at-fault parties to get compensation for their injuries. The Lowe Law Firm represents clients in southern Illinois, St. Louis and throughout the state who have been severely injured or lost a loved one in a serious accident with a commercial truck. If this has happened to you or someone you love and you’d like to learn more, please contact us online or call 1-877-678-3400 for a free, confidential consultation.

A semi truck rolled over and spilled hazardous chemicals on an Interstate 70 entrance ramp Feb. 6, the Kansas City Star reported. According to the paper, the trucker got out of the truck himself and was taken to the hospital for non-life-threatening injuries. No other vehicles were involved. A hazardous materials unit from the Kansas City, Kan. Fire Department was called to deal with leaks of antifreeze, oil and diesel fuel caused by the accident.

Load spills are a common problem in trucking accidents, because almost all large commercial trucks exist to ferry goods around our big country. Even a spill of materials that aren’t hazardous can be a problem because of the sheer quantity of goods spilled into the highway; goods like logs can pose a special risk because of their size and weight. But when hazardous materials like gasoline are spilled, the danger increases dramatically. In addition to the problems posed by any spill, a gasoline spill is highly flammable, slippery and polluting. Other hazmat spills could pose a danger to humans because of their volatility or toxic fumes.

A rollover accident involving a large truck is also a serious concern. The size of a large truck poses a threat even when it’s upright and under control; a rollover raises the possibility that it could literally fall over onto another vehicle. And despite the fact that large trucks were just 3.9% of all of the vehicles involved in traffic accidents in 2007, they had a disproportionate share of rollover accidents -- 3.5% of truck accidents were rollovers, whereas 1.8% of passenger car accidents were rollovers. And a large truck is also much taller than most passenger vehicles, making it top-heavy and thus more likely to roll over than a low-riding economy sedan.

Luckily, nobody was seriously hurt in this Missouri truck accident. But when large trucks crash and roll over, they can cause brain damage, paralysis, serious burns or even deaths for the people who are unlucky enough to be in nearby vehicles. If the crash is the truck driver’s fault, victims and their families have a legal right to hold that driver -- and his or her trucking company -- legally responsible for the physical, financial and emotional results.

The Lowe Law Firm can help. Based in St. Louis, we represent victims of serious trucking accidents throughout Missouri and southern Illinois. To set up a free consultation with our experienced truck accident attorneys, please contact us online or call 1-877-678-3400 today.

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.

Fewer truck accidents occurred in Missouri comparing 2005 with 2007. In fact there were 23% fewer fatal accidents which means Missouri highways are safer.

The Missouri Highway Patrol reports that the number of commercial motor vehicle fatality crashes fell 23 percent between 2005 and 2007.

There is a misconception that there are a lot of dangerous truck drivers on the roads. For the most part truck drivers drive safely and follow the DOT rules as well as the rules of the road. The few rouge truck drivers who drive too fast, tailgate, and falsify their log books give the other drivers a bad name. Also anyone who drives the highways knows there are a lot of crazy drivers of cars and SUV's. They are usually more dangerous to themselves than other drivers.

Trucks pulling large trailers, however, weigh about 40 tons and can't stop on a dime. When they are involved in an accident with a much smaller vehicle, the results can be tragic. If that happens you will need an experienced truck accident lawyer.

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 by calling 877-678-3400 or filling out our online contact form.

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.

Despite the warnings against driving while drowsy, fatigue continues to be a problem for truck drivers.

Recently, a 55-year-old truck driver who was traveling eastbound on I-70 fell asleep at the wheel. The truck went off the highway and back on then overturned on its side. The truck ended up blocking both lanes of the highway.

The accident occurred just before 5 a.m. The driver only suffered minor injuries and no one else was involved in the accident, The Marshall News Reports.

According to the Federal Motor Carrier Safety Administration’s Large Truck Crash Causation Study, fatigue was listed as an associated factor in 9 percent of the fatal accidents involving trucks.

An 18-wheeler can weigh up to 80,000 pounds. If a truck driver falls asleep behind the wheel, the outcome can be disastrous. When a semi crashes into an automobile, it is most often a person in the car who is injured or killed. In a fatal truck-car collision, 98 percent of the time it is a person riding in the car who is killed.

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 by calling 877-678-3400 or filling out our online contact form.

When a driver behind the wheel of an 80,000-pound truck blacks out, goes into a diabetic altered state of consciousness, suffers a seizure or experiences a heart attack, the consequences are deadly. Unfortunately, far too many sick bus and truck drivers are on the road every day, placing innocent motorists in harm’s way.

According to a study released last week by the Government Accountability Office titled, “Commercial Drivers: Certification Process for Drivers with Serious Medical Conditions,” more than half-a-million people with commercial drivers licenses also qualified for federal disability benefits. At least 1,000 drivers were diagnosed with vision, hearing or seizure disorders that should have disqualified them from a commercial license.

As the Associated Press points out in “Deadly Tolls: Sick truckers causing fatal wrecks,” the problem was identified by U.S. safety regulators as far back as 2001. However, a proposal that would have set minimum standards for determining whether truck drivers are medically safe has not been implemented.

The cost in terms of lives lost is sobering, as the families of four women who were killed on Interstate 70 near Columbia, Mo., know all too well.

In June 2006, trucker George Albright Jr. crashed his tractor-trailer into a Ford sedan and killed the four women inside. He was charged with four counts of second-degree involuntary manslaughter. Last month, jurors acquitted the driver of all of the criminal charges after Albright’s lawyers argued that a diabetic episode “put him in an altered state of consciousness.”

If you have been hurt or a loved one has been hurt or died as a result of a truck driver's carelessness, contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.

On July 9, 2007, Julieanne Kriens was on her way to an internship interview at Rockford College. The 20-year-old from Antioch, Ill. was driving on Route 173, a two-lane highway. Trucks in front of her were stopped in order to make a left-hand turn. Kriens also stopped. Unfortunately, the semi behind her didn’t halt.

Kriens was killed when her car was crushed between two trucks. The truck driver who slammed into Kriens’ vehicle later said he couldn’t stop because he’d been wiping sweat from his brow.

After the accident, Kriens’ mother, Jo Anne, began writing letters to the Illinois Department of Transportation. Noting that the stretch of road where her daughter was killed had many truck entrances, she urged state officials to reduce the speed limit, put up better signs, construct right and left turn lanes and to use traffic signals to slow down traffic.

But IDOT rejected all of the requests except for a traffic signal, the News Sun reports. And the traffic signal was placed on a list of unfunded intersections.

Now, a year after the fatal accident, the Citizens for Safety on the 173 Corridor are holding a “Right to Live” demonstration at the site. The organizers hope that if more people get involved, the state will make safety a higher priority on this deadly stretch of road.

If you have been hurt or a loved one has been injured or killed as a result of a truck driver's carelessness, contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.

Thirty-nine dangerous trucks were taken off the road last week after the Nebraska State Patrol conducted surprise inspections in Grand Island.

Troopers pulled over commercial trucks at six sites on June 11. The aim was to inspect in-town trucks that rarely, if ever, go through weigh stations. Trucks were inspected to ensure they complied with weight and size restrictions, that equipment was in good working order and that valid permits had been secured.

Of the 87 trucks inspected, the highway patrol uncovered 291 violations. Thirty-nine trucks were taken out of service and will not be allowed to return until the problems are fixed. Troopers also issued over $10,000 in fines.

These inspections play an extremely important role in the effort to make sure the roads are safe for motorists, motorcyclists and pedestrians. Mechanical problems and shifting loads are to blame for causing ten percent of all deadly crashes involving trucks.

If you have been hurt or a loved one has been hurt or died as a result of a truck driver's carelessness, contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.

Visit our Truck-Accident Information Center.

On Tuesday, a Greyhound bus carrying 42 people flipped onto its side and injured more than two dozen people, the Daily Herald reports.

Darren P. Duke, 46, was driving the bus as the time of the accident. Police suspect the driver fell asleep.

According to the news article, the bus drifted onto the gravel, fishtailed, then overcorrected. It then hit the center wall. The bus eventually ended up on its right side with its wheels against the concrete barriers in the highway’s median. The passengers' injuries did not appear to be life-threatening.

According to the Federal Motor Carrier Safety Administration, more than 11,000 buses were involved in crashes during 2006. Of that number, 299 of the collisions were fatal and more than 6,000 resulted in injuries.

Because trains and buses are common carriers, the companies and their drivers and conductors 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, train, driver or conductor was responsible for causing the accident.

The lawyers of The Lowe Law Firm are experienced in helping victims of bus and train 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 victims of bus and train accidents. If you cannot make it to our office, we will come to you at the hospital or your home.

Contact the lawyers at The Lowe Law Firm today by calling 877-678-3400.

An East St. Louis, Ill. highway worker was killed Monday morning when a semi plowed through a construction site, Fox 2-St. Louis reports.

The 39-year-old worker, Cedric Gasper, was sitting on the rear bumper of a white pickup truck when a semi barreled through several orange, construction zone barrels set up on Highway 15 and Green Mountain Road in Belleville. The semi hit the truck Gasper was riding in, sending him flying through the air. He was airlifted to St. Louis University Hospital where he later died.

The Illinois State Police and the Belleville Police are investigating the cause of the accident.

According to the Illinois Department of Transportation, there are over 7,000 work zone motor vehicle crashes a year in Illinois resulting in 2,600 injuries and 33 deaths. On average, two highway workers are killed.

If you have been hurt or a loved one has been hurt or died as a result of a truck driver's carelessness, contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.

Visit our Truck-Accident Information Center.

Big rigs barreling down St. Louis area highways pose dangers to motorists who share the road with them.

According to a recent investigative report on KMOV-4 St. Louis, inattention, bad brakes, poor maintenance and long driving hours are just a few of the many violations law enforcement officers uncovered in the metropolitan St. Louis area.

Last year, the top violations in Missouri included bad lighting, defective brakes, bad tires and truckers who drove too many hours.

Out of 1,300 recent inspections in Southern Illinois, 24 percent of the trucks stopped were parked because they were too unsafe to continue on their journey.

One day a week on Interstate 44, at least half of the trucks are too risky for the road, the St. Louis Police Department reports. That’s because produce haulers hurrying to get from the West Coast to the East Coast by Monday morning are dangerously cutting corners. One officer told KMOV reporter Russell Kinsaul about a trucker attempting to get his load across the country who was pulled over in the metro area after driving for 36 hours.

Kinsaul indicated that truckers who don’t speak any English are also emerging as a safety issue. “If they can’t speak English, they probably can’t read English, either,” Kinsaul said.

That can be a problem, especially this summer in St. Louis, because portable roadside signs are often used to alert motorists about upcoming road construction, slow downs and highway or lane closings.

Motorists who see a trucker driving dangerously are urged to report the problem by calling the Missouri Highway Patrol at *55 or by dialing 9-1-1 to reach the St. Louis Police Department or Illinois State Police.

The news segment also urged motorists not to linger in traffic lanes next to a semi and not to crowd the big rigs.

If you have been hurt or a loved one has been hurt or died as a result of a truck driver's carelessness, contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.

Visit our Truck-Accident Information Center.

In early May, a Missouri man who struck and killed a Branson County public works employee after he lost control of his car was sentenced to four years in prison, the Branson Daily News reports.

According to the article written by reporter Mindy Honey, on Aug. 3, 2004, Richard S. Toeneboehn, 21, was speeding and weaving in and out of traffic on Gretna Road in Branson, Mo. Several witnesses reported that Toeneboehn appeared to be racing another car.

Toeneboehn lost control of his car, hit the curb, spun out and hit James Turner, who was weed eating on the side of the road.

Toeneboehn was charged with the class D felony of involuntary manslaughter. He pleaded guilty and Taney County Circuit Judge Mark Orr imposed the sentence as part of a 120-day shock incarceration program.

Unfortunately, the death of the public works employee is not an isolated one. According to the National Highway Traffic Safety Administration, almost 5,000 pedestrians are killed every year by motorists and more than 70,000 are injured. That means that every eight minutes a pedestrian is hurt in the United States and every 111 minutes a pedestrian is killed.

If you or a loved one has been hurt or killed in a pedestrian accident as a result of the negligence of another, please contact our attorneys for legal assistance as soon as possible at 877-678-3400.

The lawyers of The Lowe Law Firm are experienced in helping people who have been hurt as a result of the negligence of another. 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.

A St. Louis County judge sentenced a truck driver who drove off after he hit and killed a tow truck operator to four years in prison, the St. Louis Post-Dispatch reports.

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.

Visit our Truck-Accident Information Center.

The Southern Illinoisan recently ran a three-day series on motor vehicle accidents in Southern Illinois. The series concluded that Illinois 37 is the deadliest roadway and Illinois 149 comes in third.

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.

Truck drivers were found to be in violation of multiple laws. Last week, the Nebraska State Patrol conducted surprise inspections on trucks traveling on Omaha roads.

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.

Contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.

Visit our Truck-Accident Information Center.

Large trucks and tractor trailers use Interstate 70 which runs through Missouri and Illinois and is a central corridor for trucks traveling east or west. To ease traffic congestion on Interstate 70, the Missouri Department of Transportation submitted a proposal to add four truck-only lanes on the heavily traveled highway. The project’s aim is to improve safety on an interstate traveled by nearly 10,000 trucks each day.

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.

Visit our Truck-Accident Information Center.

Two women were killed in Illinois and a third was critically injured when their car crossed over interstate 55-70 into the path of a tractor trailer, according to the Illinois State Police.

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.

Contact The Lowe Law Firm Missouri/Illinois trucking-accident lawyers online or by calling 877-678-3400.

Visit our Truck-Accident Information Center.

A surprise safety inspection of commercial trucks last week by the Dallas police found more than a third of the 23 big rigs pulled over for failed the test, CBS 11 News reports.

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.”

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.

An Illinois truck driver was fatally impaled last week by a fence post when his semi veered off the highway, the Associated Press reports.

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.

Visit our Truck-Accident Information Center.

Tractor trailers carrying hazardous material must stop at railroad crossings. This has resulted in accidents at a rail crossing in Columbia Missouri. The most recent accident was last Friday. A northbound tractor-trailer stopped at the crossing and then was moving slowly over the tracks when it was struck from behind by Subaru station wagon. The station wagon was rear-ended by a minivan.

According to the Columbia Tribune, it was unclear whether the Subaru first hit the truck and then was rear-ended by the minivan or whether the minivan first hit the Subaru and forced it into the semi. The semi’s driver was not hurt. The drivers of the other two cars were taken to the hospital and listed in stable condition.

Last fall, a motorist died after his car collided into the back of a stopped gasoline tanker at the intersection. In 1997, another driver was killed when it hit the back of a school bus.

City officials have admitted that the intersection is dangerous and have proposed building a $5.5 million overpass for the trains. In the meantime, they are trying to get the crossing exempted from the state law requiring certain vehicles to stop at the crossing. From a safety standpoint, an at-grade railroad crossing that cuts across a highway with a posted speed limit of 70 mph doesn’t seem like it would be a good design. As Highway 63 near Columbia, Mo. proves, it is a dangerous design.

State law requires all buses as well as trucks carrying hazardous material to stop at the railroad crossing even if a train isn’t coming down the tracks. A slowed or stopped truck on the highway often comes as an unwelcome surprise to motorists. In the past five years, there have been 18 crashes at the railroad crossing, the Columbia Tribune reports.

Tired truck drivers are a real safety hazard investigation reveals. This week, WISH-TV 8 in Indianapolis aired its investigation of tired truck drivers. What they found further confirms that tired truckers are a safety hazard.

Reporter Rick Dawson noted that truck drivers are under pressure to drive as long as possible and make faster deliveries. Government regulations are lax and when they’re broken, trucking companies look the other way.

J.R. Rose, an Alabama truck driver, was interviewed for the story. He bluntly stated: “There ain’t no safety, it’s all about money.”

In the segment, truckers also discussed the practice of keeping two log books that track hours. One book is shown to the police and the other is given to the trucking company.

A trucker who drove longer than allowed caused one of the deadliest crashes in Indiana history. In April of 2006, five people were killed on I-69 in Grant County. The truck driver, Robert Spencer, crossed the median and slammed into a van carrying Taylor University students and a staff member.

Spencer is now in prison.

The news segment advises motorists to quickly pass trucks and stay out of blind spots. If a motorist sees a truck driver who appears tired, the state police should be alerted.

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.

Tired truck drivers aren’t the only ones who cause accidents. Fatigue also plays a role in bus crashes.

On July 13, 2005, a tour bus carrying members of Eminem’s Anger Management 3 Tour rear-ended a tractor trailer on westbound I-70 near Odessa, Missouri. Four of the bus passengers as well as the truck driver and his wife were injured in the collision.

The tour bus was driven by Charles Dilligard of Entertainment Coaches of America. The bus was traveling from Chicago to Denver for the next show in the tour. The tractor trailer was in the left lane when the tour bus rapidly approached it from behind. The bus driver swerved right to avoid rear-ending the truck. In order to avoid crashing into a guard rail, the bus driver swerved back to the left, hitting the truck. The truck drove off the road, went into the grass median, drove through the cable divider, and crossed both eastbound highway lanes before ending up on the shoulder of eastbound I-70.

The truck driver suffered bruised ribs and lost the use of his truck for six weeks after the accident. His wife suffered a cervical fracture, spinal trauma, nerve damage and other injuries as a result of the accident. I represented the truck driver and his wife in a subsequent lawsuit.

My clients and the four injured bus passengers alleged that at the time of the accident, the bus driver was fatigued. We alleged he exceeded the number of driving hours allowed under federal law for commercial bus driver. We also claimed that the bus driver was speeding. A number of witnesses estimated that the bus was traveling over 85 miles an hour. At the time of the accident, the black box on the tractor trailer revealed that the truck was going 68 miles an hour.

Without admitting liability, the bus driver and the bus company agreed to settle the personal injury claims last year for $945,000.

If you have been injured or a loved one has been injured or killed in an accident involving a bus, please contact our attorneys for legal assistance as soon as possible. We will investigate to determine whether the bus or the 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 calling 877-678-3400.

Truckers who drive under the influence or while intoxicated are a danger to the motorists who share the road with them. Just as deadly are truckers who drive while drowsy.

According to an article in the Red Bluff Daily News, the Bureau of Labor Statistics estimates that driver fatigue is to blame for 30 to 40 percent of accidents involving commercial trucks in North America.

In addition, the National Highway Traffic Safety Administration estimates that drowsy drivers kills more than 1,550 people each year and is responsible for at least 100,000 crashes.

Finally, the Large Truck Crash Causation Study estimates that fatigue was an associated factor in 13 percent of all trucking accidents.

The Red Bluff Daily News reported that a new device has been developed that warns drivers when they have reached dangerous fatigue levels. When one longtime truck driver was asked by the reporter if the device would benefit him, he replied, “The long hours don’t bother me.”

I’m not surprised by this response. Despite the severity of the problem, many truck drivers refuse to believe they drive while drowsy.

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.

The safety records of both the owner and the operator of a bus that overturned earlier this month in Texas, killing one and injuring 45 passengers, have come under close scrutiny.

A story in the Houston Chronicle reports that Capricorn Bus Lines, the owner of a bus that rolled over on Jan. 2 in Victoria, Texas while heading back to Houston from Monterrey, had settled a lawsuit for $3.3 million with the victims of a 2002 crash. The victims in the earlier crash claimed the inattentiveness of the driver caused the bus to roll over.

The newspaper also reports that the operator of the bus, International Charter Services, has been cited 19 times in three years by the Texas Department of Public Safety.

A complex business arrangement allows Capricorn, which does not have legal permission to drive to Mexico, to sell tickets for the Houston to Monterrey route. Capricorn then leases its buses to ICS, which does have legal authority to operate the route.

On Jan. 2, Roberto Garcia Cruz, who was hired by Capricorn, was driving the bus that overturned. According to the Houston Chronicle, authorities investigating the accident believe Cruz may have fallen asleep while driving. The accident killed a 55-year-old man, resulted in the arm amputation of a female passenger, and sent dozens of others to the hospital.

Texas state troopers and investigators from the National Transportation Safety Board are reviewing the crash.

The woman who lost her arm in the accident has already filed suit. It is likely that her lawyers will be sifting through the bus companies’ safety records and reviewing the history of the driver. Bus companies are common carriers and therefore must act in a highly responsible way to ensure the safety of their passengers.

A tractor trailer demolished a patrol car stopped on highway on New Year’s Eve, the only damage to the semi was a flat tire and a bent rim, the Quad-City Times reports. The squad car was empty at the time of the collision and, fortunately, there were no injuries.

According to the news report, the Rock Island County Sheriff’s deputy had pulled over to the side of Interstate 80 to help a motorist stuck in the median during a snow storm. The deputy left his emergency lights flashing and was standing about ten feet away from the vehicle when he saw the truck coming. The semi’s front left tire and fender clipped the squad car, blowing out several windows and pushing it several feet down the highway.

The Illinois State Police cited the truck driver for driving too fast for the conditions and with failure to yield to an emergency vehicle. The driver could face fines of up to $10,000 and a lengthy license suspension.

This accident highlights the mismatch between cars and tractor trailers. In a collision, the occupants inside the car suffer the most. If you need an experienced trucking accident lawyer, contact Jeff Lowe at the Lowe Law Firm, 877-678-3400.

A semitrailer truck that failed to slow down for an Illinois construction zone triggered a chain-reaction crash that killed at least three people in rural Illinois, the Rockford Register Star reports.

The accident occurred two days after Christmas on southbound Interstate Hwy. 39 in Lasalle County, Illinois. According to the Illinois State Police, an 18-wheeler approached a construction zone where cars were merging from two lanes into one. The semi didn’t slow down. According the news report, the driver had fallen asleep at the wheel.

The big rig rammed into the back of one car, sending it into the median before rolling over. Unable to stop, the semitrailer then plowed into the back of a car driven by a retired Minnesota couple, Donald W. Rautio, 67, and his wife, Faye C. Rautio, 65. Their car slammed into a fourth car, driven by Caryn J. Casey, 21, which burst into flames. The 18-wheeler then caught fire. Three more vehicles, including a second truck, were swept up into the chain-reaction crash. The Rautios and Casey were killed.

Driver fatigue is a deadly problem. In the weeks to come, investigators will examine whether this tragedy could have been avoided. The Department of Transportation imposes strict regulations on the trucking industries. Truck drivers may not work more than 14 hours in a 24-hour period and then must have ten hours of rest before returning to the road. Both driving and sleep time must be recorded in the driver’s log box. If the log is falsified, a truck’s “black box” or GPS tracking systems may reveal the truth. These are all key pieces of evidence that will be reviewed to determine whether the driver violated DOT regulations when he got behind the wheel on December 27.

Big trucks will be banned from using the far left lane of Interstate 70 through St. Charles County, starting January 1, 2008.

The prohibition covers a six-mile stretch that begins at Mid Rivers Mall Drive in St. Peters and ends at Zumbehl Road in St. Charles. It prevents 18-wheeler trucks weighing more than 24,000 pounds from using the far left lane except in emergency conditions or if other lanes are closed for construction.

In an interview with the St. Louis Post-Dispatch, Rep. John Griesheimer, R-Washington, said, “Most people feel trucks are a menace and a danger to them on the highways. Anything we can do to curb the trucks and provide more rules and regulations for them, the better off we are.”

I agree. As someone who has represented the victims of reckless truck drivers, I have witnessed the lifetime of devastation, pain and suffering an 18-wheeler can inflict in just fractions of a second. This is Missouri’s first big truck ban. I hope the General Assembly will broaden the ban during the upcoming 2008 legislative session.

A tractor-trailer driver from Missouri caused a crash when he fell asleep at the wheel due to apparent fatigue. The truck hit the concrete guardrail of a bridge over some railroad tracks which caused the trailer to fishtail and the trailer and cab to go over the side of the bridge as well.

The driver of the truck falling asleep at the wheel was the cause of the accident. Fire crews used ladders to reach the wreck where it rested on railroad tracks about 100 feet below the bridge. It took firefighters an hour to remove the truck driver from the wreck. He refused medical treatment following his removal from the vehicle.

This demonstrates the need for strong regulations regarding the number of hours a commercial driver should be allowed to drive. This issue is the subject of much litigation and discussion. I read today in the New York Times that with the Democrats likely to take over the Presidency in 2008 that Big Business is trying to get legislation passed and regulations issued that favor them. Included in this lobbying effort is the trucking industry trying to get the hours of service regulations that were voided by the U.S. Court of Appeals reenacted or revised. This type of accident which could have had tragic consequences is why we need to make sure that there are regulations in place to safeguard the cars on the road from tired truck drivers.

Truck Accidents have been linked to driver fatigue. There have been studies that demonstrate that the number of accidents involving trucks increase dramatically between the !0th and 11th hour of the truck driver's shift. The Federal Court of Appeals used these studies to invalidate the The Federal Motor Carrier Safety Administration ("FMCSA") regulations allowing truck drivers to drive those extra hours.

The FMCSA has now submitted an interim final rule on hours of service to the Office of Management and Budget on Tuesday, Nov. 27. This will replace the one invalidated by the Court of Appeals. The OMB notice, however, did not include a date when the review will be complete.

On July 24, the U.S. District Court of Appeals for the District of Columbia Circuit tossed the provision that increased driving time to 11 hours from 10 hours and the 34-hour restart provision. In that same decision, the court denied a petition by the Owner-Operator Independent Drivers Association asking the court to consider the impact of changes to the sleeper-berth provision.

Once OMB approves the interim final rule, it will be published in the Federal Register. Hopefully the FMCSA will err on the side of safety and not bend to the pressures of the trucking industry to allow drivers to drive longer with less rest so they can make more money. With the make of the FMCSA and its past actions I think that is doubtful. The current administration sides with big business as well as the agencies it controls through appointments and the FMCSA is no exception. Hopefully I will be proven wrong when the interim rule is make public but I doubt it.

A Chicago Illinois truck driver on October 1, 2003 crashed into a small tour bus killing eight woman all from the Chicago area. Accident reconstructionists estimated that the truck driver was traveling more than 60 mph in a 45 mph constructions zone. In addition, to the speed limit violation, he was charged with failing to inspect his vehicle as required by Federal Regulations, failing to secure his load and failure to properly keep his log book.

The driver of the tour bus involved in the crash at a tollway that killed eight passengers testified Monday that he had little time to react before a truck slammed into the rear of his vehicle."For a split second, I glanced in the rear-view mirror and saw the truck moving extremely fast," "All of a sudden we were hit from behind. I was thrown against the steering wheel."

The truck driver blamed for the crash was charged last year with eight counts of reckless homicide and other offenses. He was returning from Rockford Illinois at the time after picking up a load of cardboard. As traffic slowed for a toll plaza his tractor-trailer truck hit the rear of the tour bus that was carrying members of International Women Associates, a Chicago-based organization.

A National Transportation Safety Board report concluded that the crash might have been prevented if the old-style toll plaza had been replaced by safer open-road tolling. The older plazas increased the incidence of rear-end collisions, the board concluded.

The tour bus driver testified that he began slowing in a construction zone from the posted 45 m.p.h. speed limit about a mile before the crash to about 15 m.p.h. "It was a clear day," he said. "I could easily see traffic was moving to the right to get into the manual [toll] lanes."The collision triggered a chain-reaction crash that also involved a pickup truck and tanker truck. There were 15 injuries.

A westbound motorist, testified that he stopped and rushed to the median where the 25-passenger bus had come to rest. "It was the worst thing I'd ever seen," he said. "Just, people needing help. People were hurt, injured, hysterically out of control. Bleeding all over."

This accident shows the dangers of trucks driving too fast and failing to follow federal regulations. Trucks weigh so much and can't stop nearly as fast as cars and need to follow all speed limits and safety regulations. When they don't, the consequences for innocent motorists and passengers can be deadly like this crash. I have seen this happen too many times in my job in representing people who are injured in truck crashes. Most truck drivers are responsible, but the few dangerous ones gives truck drivers a bad name.

In all accidents involving trucks, the truck driver is required to submit to an alcohol and drug test. In my experience, truck drivers have been driving under the influence of stimulants like methamphetamine, Benzedrine, adderall, cocaine, and some are driving under the influence of alcohol.

The Federal Motor Safety Carrier Administration sometimes has random drug test. Truckers, however, can easily cheat on drug tests, according to a U.S. subcommittee investigation. The
Federal Motor Carrier Safety Administration data indicate that 1.3 to 2.8 percent of commercial drivers randomly tested between 1994 and 2005 tested positive for illegal drugs. However, recently Oregon roadside inspectors collected 500 urine samples from commercial drivers — mostly heavy-truck drivers – and found that approximately 9 to 10% tested positive for illegal drugs.

In February, the Subcommittee on Highways and Transit asked the Government Accountability Office, to conduct an undercover investigation. The investigators invented two trucking companies, produced bogus driver’s licenses and then posed as truckers to test 24 collection sites nationwide. The GAO also interviewed all parties involved in testing, from carrier representatives to federal officials, and analyzed regulations and data.

Investigators used bogus driver’s licenses to gain access to all 24 sites investigated, showing that a drug user could send someone else to take a drug test using fake identification. Twenty-two of the 24 selected sites did not adequately follow the remaining protocols. For example, 75 percent of sites tested didn’t restrict access to items that could be used to change the specimen, such as running water, soap or air freshener.

The GAO found a significant compliance lack among carriers, particularly small carriers and self-employed truckers. More than half of carriers with operating authority are single-truck owner-operators. While they still have to implement a drug and alcohol testing program, they usually use a third-party administrator. That administrator doesn’t have the authority to enforce regulations if drug use is indicated.

According to the National Transportation Safety Board, owner-operators “are in the precarious position of overseeing their own substance abuse program.” Drug testing protocol violations are noted in more than 40 percent of FMCSA’s safety audits conducted since 2003 of carriers that have recently started operations and more than 70 percent of the compliance reviews conducted on carriers in the industry since 2001.

FMCSA’s oversight activities are limited in quantity and scope. Safety audits targeted at new entrants began in 2003 and do not affect carriers in business before then. Such companies can be covered in compliance reviews, but these reviews occur at only about 2 percent of carriers a year, according to FMCSA. In addition, the agency’s oversight does not address compliance by service agents unless there are allegations or complaints.

Even when FMCSA is able to ensure that carriers and others are in compliance with drug testing requirements, the urine test can be subverted. Drug masking products such as adulterants work well and destroy the evidence of their presence. Investigators demonstrated that such products could easily be brought to the sites undetected.

In 2005, the GAO testified that 400 products were marketed to mislead drug tests. Furthermore, the required test covers only five drug categories and it may provide a clean result if a person has not used any of these drugs recently. The GAO will continue examining these recommendations, some of which were proposed by carriers and industry representatives.

This shows the need for the government to be more proactive in enforcing its rights to test truckers for illegal drugs before they cause a serious or fatal accident. It is not hard to design a protocol to prevent a trucker from cheating on a drug test. It just requires simple procedures that are followed with precautions designed to catch truckers intent of avoiding the test. Lax enforcement is the problem and truckers who drive under the influence who admittedly are in the vast minority of truckers must know there is a significant chance they will get caught and lose their livelihood for the regulations to the force and effect that they should.

http://www.jefflowepc.com/lawyer-attorney-1182209.html Truck drivers, are required to undergo drug testing, however, the Government Accountability Office discovered rampant problems in drug testing for commercial truck drivers. The investigators found that the testing was avoided so easily that officials were surprised that anyone would ever fail a test.

The GAO found that drug users could easily beat urine tests with widely available drug-masking products. In addition, the GAO found that 21 of 24 sites that collect drug samples failed to follow Department of Transportation guidelines. The GAO reported that only 1.7 percent of tested drivers failed the federally mandated tests and were surprised that the numbers was that high..

Lawmakers, though, said with so many loopholes there is no way to determine just how many impaired truck drivers are on the roads today. Illegal drug use has been cited as a factor in 2 percent of all truck crashes government requires drug and alcohol testing for nearly all mass transportation workers, including commercial truck drivers.

The investigation of the private collection sites that offer drug testing found that 75 percent failed to secure their facilities from substances that could alter or dilute urine samples. Almost half failed to ask employees to empty their pockets, which could hide substances used to defeat the drug tests.

Such products with names like "Urineluck" and "The Whizzinator" are available over the Internet. Drug-free human urine can also be purchased in many locations and smuggled into testing sites. Also, those who are not drug users may use fake driver's licenses and take the tests for others, investigators found.

At all 24 sites surveyed, government investigators used bogus drivers licenses. Committee members said it was easy to see that drug users are consistently using products from the Internet to skirt the law.

"It's one thing to go to a pop concert and use these drugs," said Rep. James Oberstar, D-Minn. "It's another thing to get behind the wheel of an 80,000-pound vehicle."

With no centralized federal database of drivers who have failed drug tests, lawmakers and trucking industry officials said drug users can easily apply for a new job if a driver fails another company's drug test. The "job hopping" can be fixed with congressional action, said Rep. John Boozman, R-Rogers, a member of the subcommittee. "We really do need a system where employers can very readily look and see where somebody's been fired four times for drugs," Boozman said. "I think that's where Congress comes in. I think that would be very doable."

An Arkansas law that takes effect Jan. 1 creates a statewide database that indicates positive drug and alcohol tests for holders of commercial driver's licenses. Six other states have similar laws.

The American Trucking Association supports a national clearinghouse for test results, said Greer Woodruff, a member of the association's safety policy committee and a senior vice president at Lowell-based J.B. Hunt Transport, Inc. Woodruff said he was convinced J.B. Hunt and other carriers are following federal regulations. He blamed "holes in the system" for drug users that go undetected."The ATA recommended Congress consider a ban on the sale of substances that dilute or adulterate urine. With more than 12 million people subject to mandatory drug testing, each one using the products poses a serious safety concern, Woodruff said. The industry also called for more government oversight of collection sites and for rules that allow alternative drug testing methods, such as by hair or saliva.

As you drive down I-70 through Missouri and Illinois through St. Louis, Kansas City, and other cities along the way, if you think I-70 is too congested with Trucks and Tractor Trailers you're not alone. That stretch of I-70, averages daily traffic for cars and trucks ranges from 45,000 to 250,000 vehicles. Average daily truck traffic ranges from 11,000 to more than 26,000. By 2035, the average daily traffic will increase to more than 100,000, including an average of 25,000 trucks.

Increasing safety for cars basically boils down to trying to separate as much as possible trucks from cars. Congestion, is a major issue for cars and trucks because cars can stop more quickly than trucks. The money it will take, however, to make something like that happen is enormous.

Here is a list of what some other states are doing to ease truck congestion on interstate highways:

• Florida: Banning big trucks from the far left lane of I-4 on a 60-mile stretch between Tampa and Orlando. Stretches of I-75 and I-95 elsewhere in the state have similar restrictions.

• Georgia: Considering truck-only toll lanes on parts of I-75 northwest of Atlanta and on a 20-mile stretch of the I-285 beltway that surrounds the city.

• Arizona, California, Texas and the Gulf Coast states: Using a grant to study segregating truck and automobile traffic on stretches of I-10.

The Federal Government is weighing private industry proposals to move some truck cargo to ships along the Atlantic Coast, potentially freeing up lanes on interstates. The study is one of six funded by the U.S. Department of Transportation to find ways to reduce congestion and improve freight delivery across the nation. A feasibility study typically is the beginning of a long process that can take years for a highway project to become a reality.

I doubt any of these projects will become reality soon because of the cost. We are more interested in reducing the budgets for highways and other traffic related projects then making major expansions, even if it is in the name of safety. I hope i am pleasantly surprised, but i doubt a truck only lane on Interstate 70 will become a reality any time soon.

Truck drivers spend an enormous amount of time behind the wheel of their eighteen wheelers each week, and truck driver fatigue is a major factor in the cause of truck accidents. The length of time that a truck driver can spend behind the wheel trying to make it to his or her destination on time has long been a topic of debate in the trucking industry.

Some truckers claim the federal regulations that went into effect in the past four years with the goal of reducing trucking accidents have actually made matters worse. How long truckers can drive, how long they can rest, and how they should log their time have fueled debate among safety advocates and trucking companies.

For years, drivers have claimed logs are routinely falsified, so there is push now for electronic monitoring devices in trucks that would automatically record drive/stop times. Truckers are not happy about this; one veteran trucker actually had to pull over just 40 miles from his destination because he had driven the maximum of 11 hours already that day. The new law required that he "hang out" for ten hours before driving the last 40 miles of his trip.

One mother, whose son was killed, along with three friends, when a tired trucker fell asleep and rolled his rig over the teenager's car on a Maine highway in 1993, created Parents Against Tired Truckers (PATT). Daphne Izer actually sympathizes with the drivers who work long hours, are stuck on docks for hours waiting to be weighed or unloaded and are not getting paid for that lost time.

Although the logs and electronic monitoring devices are efforts to keep truckers rested and safe, the number of truck-related deaths in the United States is not decreasing. Stories continue to appear in the news such as the 46-year-old truck driver with no violations on his driving record who fell asleep as he sped toward vehicles that were slowing for construction on a crowded South Carolina interstate killing a young mother and her 13-year-old daughter.

Clearly something must be done to make the highways as safe as possible for those traveling the highways with trucks. The trucking industry and various highway safety groups are currently waiting for decisions from the appellate courts regarding the invalidation of the current FSMSCA' regulations allowing trucking to drive longer with less rest. These new regulations even though they were invalidated have been allowed to remain in effect because of a stay entered regarding the district courts declaring the new hours of service regulations invalid.

Something must be done to protect truck drivers and the cars on the roads with them. Since it certainly does not seem that the current FSMCSA headed by the former CEO of a trucking company appointed by the current administration and appointed by none other then George Walker Bush, will do the job that they are supposed to do, hopefully the courts will continue to do their jobs and make sure that truck safety regulations are actually that, regulations that protect the drivers of our nations highways including those who do the difficult job of driving our nations highways for a living.

Tractor trailer accidents can be catastrophic when a truck collides with a car. States are considering various ideas to make the highways safer for cars dealing with trucks.

The following is a list of states that are considering making interstate highways:safer for cars by making truck only lanes:

• Florida:is banning big trucks from the far left lane of I-4 on a 60-mile stretch between Tampa and Orlando.stretches of I-75 and I-95 elsewhere in the state have similar restrictions.

• Georgia: is considering truck-only toll lanes on parts of I-75 northwest of Atlanta and on a 20-mile stretch of the I-285 beltway that surrounds the city..

• Arizona, California, Texas and the Gulf Coast states:are using a grant to study segregating truck and automobile traffic on stretches of I-10.

Missouri, Illinois and Indiana are studying the possibility of adding truck-only lanes on I-70 from Kansas City, Missouri to the Ohio-West Virginia border study is one of six funded by the U.S. Department of Transportation to find ways to reduce congestion and improve freight delivery across the nation.

The $3 million grant will pay for Missouri, Illinois, Indiana and Ohio to examine the feasibility and cost of adding two truck lanes in each direction on the 750-mile stretch.. The study likely will begin within a year, said Andrew Dietrick, spokesman for the Indiana Department of Transportation. Among other things, it will explore how to fund such an endeavor. One option could be tolls for trucks using the dedicated lanes.. The lanes would be built specifically for big trucks, which means they could be designed to carry heavier loads than now allowed, which could provide the trucking industry with greater efficiency in moving goods, Dietrick said feasibility study typically is the beginning of a long process that can take years for a highway project to become a reality.

The federal agency is looking for ways to improve safety along the stretch of I-70, where average daily traffic ranges from more than 45,000 to 250,000 vehicles. Average daily truck traffic ranges from 11,000 to a maximum of more than 26,000..By 2035, the average daily traffic will increase to more than 100,000, including an average of 25,000 trucks.

Truckers and the trucking industry generally support exploring options that could ease their travel and improve safety."If they are looking outside of the box to try and help reduce traffic and decrease accidents and fatalities, fantastic," said KeVin Roberts, director of safety and membership for the Indiana Motor Truck Association: "Basically it boils down to trying to separate as much as possible trucks from cars," he said. "The money it will take to make something like that happen is tremendous."

Congestion, though, is an issue for truck drivers, both from a safety (cars can stop more quickly than trucks) and a monetary standpoint, Roberts said traffic backups that leave truck drivers idling in traffic are a financial issue for them, too. "That's how big trucks make money, by moving freight."

A truck driver who was involved in a fatal truck crash when his semitrailer veered across the Interstate Highway and killed a young mother and her infant was sentenced to 6 months in jail Friday.

The truck driver expressed remorse for what happened, but never settled the question of whether he fell asleep at the wheel. The semi he was driving, loaded with manhole covers, crossed the median and slammed into an SUV, killing Amanda Hieronymus, 25, and William "Will" Hieronymus III, 10 months, and critically injuring Amy Keller,and her son, Kolton Keller, 18 months.

"There is a certain degree of mystery in this case," said District Judge Dan Boyer before handing down the sentence. "Only you know what caused you to lose control of your vehicle."
The truck driver avoided trial by pleading guilty to two counts of vehicular homicide. In testimony that was frequently interrupted by tears, the victims' family begged Boyer to sentence the truck driver to two years in jail, the maximum.

The prosecutor told the judge how the truck driver was unable to get a clear commercial driver's license in 2004 because he had "severe and uncontrolled" sleep apnea. Sleep apnea is a condition that interrupts normal sleep at night, causing fatigue.

She told the court that an index is used to express the severity of sleep apnea; driver's license regulations require that medical treatment be obtained for a score of 10 or more. Hanley said the truck driver involved in the fatal accidents score was 62. Instead of returning to the doctor who issued him a provisional medical certificate, the truck driver went to a different doctor and didn't say a word about his sleep apnea," He was in effect doctor-shopping, to get around the rules."

After more than an hour of testimony the judge sentenced the truck driver to two, consecutive, one-year jail sentences but suspended that in lieu of six months in the county jail and three years' probation.

When truck are involved in accidents the frequency of deaths, and the severity of injuries increase substantially. Causes of trucking accidents include driver intoxication, brake failure, reckless driving, overloaded trucks, over sized trucks, driver fatigue, and driver inexperience. When a big rig driver engages in the same illegal behavior as some car drivers, the consequences can be far worse. Picture the scene when a big rig driver collides with a car because of speeding , failure to yield right of way, driving under the influence of alcohol or drugs, or driver fatigue.

Concerns regarding the truck accident and the increasing number of 18-wheelers led to the formation of the Federal Highway Administration (FHWA) to improve big-rig driver responsibility. Drivers were required to meet minimum national standards before they could obtain a Commercial Drivers License (CDL). Interstate trucking is regulated by the Federal Motor Carrier Safety Regulations (FMCSR). In addition, each state his its own set of regulations and laws. The FMCSR regulates such issues as: safe loading, use of alcohol and drugs, diver qualifications, and emergency equipment.

Truck drivers are also required to keep trucking logs, recording their driving times and hours of rest, among other things. Before each trip, the driver must inspect his truck systematically and this is governed by FMCSR 392.7. The driver must: (1) Review any previous inspection reports, (2) Double-check that anything marked for repair was in fact repaired, (3) Check the overall condition of his truck, looking for flat tires, suspension problems etc., (4) Check underneath the truck for any evidence of oil, coolant or fuel leaks, and (4) Examine the area around the truck for anything that might present danger to its movement, such as objects on the ground or low hanging wires.

Driver fatigue is also regulated by the FMCSR, in an attempt to cut down on accidents caused by sleepy or slow-reacting drivers. For instance, truck drivers may drive for 11 hours if they've just had 10 consecutive hours off but may not drive after being on the road for 60 hours in a 7-day period. They must take at least 34 consecutive hours off before they can begin another driving cycle. Because of pressure over the profit margin, drivers are sometimes drive more hours than these regulations permit with the companies tacit permission or purposely turning a blind eye to the truckers violations.

If you or a loved one is hurt in a semi-truck accident you should consult an an attorney experienced in handing truck accidents In addition time is of the essence because relevant evidence may disappear as time passes, such as the truck drivers log, which may legally be destroyed after 6 months a truck accident. These log books can supply evidence of: Maintenance and repairs. Also, memories fade, people move away, become ill, even die. All of this makes gathering evidence company will want to resolve things as quickly as possible, even right at the scene of the accident.

Also never sign any document presented to you by an insurance representative without first consulting an attorney. You could be signing away your right to proper compensation. Keep in mind that insurance companies make their money by investing. That means that the less they can pay out in compensation to their customers, and the longer they can delay any such payments, the more income they can be drawing on their invested money. The interests of an insurance company are directly opposite to yours as an accident victim. Don't delay in consulting an experienced truck accident attorney.

Truck drivers hours of service regulations are the laws that truck drivers have to follow regarding the number of hours they can drive per day and how long they must rest. The federal court struck down new Federal Motor Carrier Safety Administration ("FMCSA") regulations that would allow an 11-hour driving day followed by 10 hours of rest with a 34-hour reset. The court did not think that was safe and struck down the new law which would result in going back to 10 hours of drive time followed by an 8-hour rest.

The American Truckers Association ("ATA") President Bill Graves stated that: "The ATA believes the existing rules have proven to be a significant improvement over the old rules in terms of reducing driver fatigue and related incidents. Motor carrier experience and FMCSA data dramatically illustrate this. The ATA plans to provide additional real-world documentation of the effectiveness of the current rules."

FMCSA administrator Annette Sandberg: "We have a very aggressive goal at the Department of Transportation to reduce fatalities on our nation's highways, so safety is the top issue in our rule-making process. We developed the new hours-of-service rule with the priority in mind of reducing fatigue-related truck crashes, most notably in the long-haul sector where truck driver fatigue is 18 times greater than that of the short-haul sector. It is important to note that the research supporting the new rule estimates that only 5.5% of all large truck crashes are fatigue-related."

Advocates for Highway and Auto Safety president Judith Stone stated "In today's ruling, the court has once again sided with public safety and rejected FMCSA's illogical proposition that driving longer hours and working longer days will somehow solve truck driver fatigue."

Judge David Sentell who struck down the FMCSA new rule held that: "The agency [FMCSA] admits that studies show that crash risk increases, in the agency's words, 'geometrically' after the eighth hour on duty." He also chastised the agency for "ignoring its own evidence that fatigue causes many truck accidents" in a December 2006 ruling on the proposed HOS rules.

Advocates for Highway and Auto Safety VP Jackie Gillan: "In the last 10 years, 56,935 people have died and a million more were injured in truck crashes in communities across the country. American families are paying a steep personal and financial price for this public health disaster. ... It's time to stop coddling the trucking industry and make the safety of all motorists, including truck drivers, a priority."

Public Citizen president Joan Claybrook: "Large trucks are rolling time bombs on our highways, with tired truckers allowed to work 14 and 16 hours a day under the new DOT rules, making truck driving the most dangerous occupation in America."

PATT (Parents Against Tired Truckers) founder Daphne Izer: "The trucking profession has become 'sweatshops on wheels' because of the excessive and unsafe hours of work and driving time required of truck drivers."

It is odd that the agency that is charged with protecting public safety is so intent on allowing truckers to drive longer and ignores the studies that show that after 8 hours the number of accidents involving trucks increases dramatically. Could it be that the FMCSA is promoting profits over safety because of contributions to politicians? The current administration is intent on helping big business whenever it can and if it is at the expense of safety of drivers on our Interstate Highways so be it. Luckily this time the courts are looking out for our safety and protecting us from the FMCSA and the interests of big business.

A trucker whose tractor trailer was involved in a crash that sent another motorist to the hospital has been charged with first-degree assault for operating his truck with no front brakes. An investigation by the state police Commercial Vehicle Enforcement Unit determined that the truck had no brakes because of leaks. Federal Motor Carrier laws require truckers to conduct pre-trip inspections to ensure the vehicle meets the federal safety guidelines.

Investigators discovered that the front brake shoes were not making contact with the drums, meaning that truck needed twice the distance to stop than under normal conditions. The truck drivers log book had also not been kept up-to-date for several days according to State Police.

The truck driver was charged with felony first-degree assault, felony first-degree reckless endangering, failure to obey a traffic device, improper passing and two federal Motor Carrier Safety violations in connection with the late-night crash

State police spokesman Cpl. John Barnett Jr. said the Truck Driver was operating a 1997 Freightliner tractor trailer about 11:20 p.m. when he passed a 1997 Ford Mustang on the right, hitting the driver’s door. The driver of the car, was wearing a seat belt and had to be extricated from the car and suffered severe internal injuries.

According to the United States Department of Transportation report, there are 20,228 hazardous material-related incidents occurring nationally in 2006. Missouri ranked 15th among states with 400 incidents.

In Missouri, a county has hired a local consulting firm to track the movement of hazardous material through that county. A study is conducted by Global Insights U.S. Hazmat Tracking Service. Utilizing a database constructed from public and private sources, it tracks where the materials come from and where they are going and what transportation routes are being used. The study will record the flow of hazardous material for Interstates, primary streets, U.S. highways, and local connecting roads. In the event of an overturned tractor trailer on the Interstate, the county will be able to send hazardous response teams that are specifically trained to move or handle the hazardous material.

County officials believe that this study will be useful because they have been concerned about knowing all the facts of hazardous materials in the county.

Approximately 5,000 people are killed annually in trucking accidents. In order to reduce the number of traffic fatalities involving large trucks and buses, Congress, in the late 1990's, created the Federal Motor Safety Administration to oversee and regulate the industry. For almost six decades, truckers were guided by rules that prohibited them driving more than 10 hours without 8 hours of rest, and prohibited them from driving more than 60 hours in a consecutive 7 day period. In order to ensure compliance, drivers were required to keep logs of when they drove and when they rested.

In 2003, new regulations were put in effect, where instead of the 10 hour driving limit, truckers can now stay behind the wheel for 11 hours consecutively, but they must rest for 10 hours before driving again. Truckers can also now drive 77 hours in a consecutive 7 day period. Also truckers can now work 15 hours in one day instead of 14, but it allowed the 14 hours to be continuous. Previously a driver could work 15 hours in a day, but had to spend 2 or 3 hours off duty during that 15 hour period.

In 2003 within weeks after the agency introduced its new rules safety advocacy groups sued to prevent their enforcement. In 2004, a three judge panel prohibited the implementation of the law because the agency failed to consider the impact of the rules on the health of drivers.

In 2005, the FMCSA proposed revised rules that called for virtually no change from the previous rule which the courts prohibited enforcement. Safety advocacy groups again sued. Many truckers complained that the new laws prompted drivers to falsify their logs to get around the rules. Congress has held hearings on electronic monitoring devices in May 2007 to investigate whether paper log books are outdated, easy to falsify, and fail to ensure safety. No legislation has yet been introduced regarding this.

Safety advocacy groups blame accidents like one that happened recently in New Jersey where a South Carolina truck driver fell asleep at the wheel and crashed his truck on Interstate 78, killing a New Jersey woman and her 13 year old daughter. Apparently the truck driver fell asleep at the wheel causing the accident.

Until regulations are in place that adequately ensure adequate rest time for the driver and safety for the public, these types of accidents are going to continue to happen with huge liability for the trucking industry and their insurance companies. In addition, until electronic monitoring is mandatory, certain drivers are going to continue to skirt the rules.

A tractor trailer crashed into the back of a car which had stopped for a school bus, when it was struck from behind by a tractor trailer that pushed the car 272 feet and the school bus 328 feet, causing the car to burst into flames. The seven children in the car were killed.

Investigators investigating the cause of the crash found no mechanical failure, no obstruction that would have prevented the driver from seeing the stopped vehicles, and no evidence of drug or alcohol use by the truck driver. A re-enactment showed that the stopped bus and car could be seen for 1,400 feet away, but found only light skid marks of the tractor trailer a short distance before the impact.

The driver, Alvin Wilkerson, made an initial statement, but refused to be interviewed by the National Transportation Safety Board.

A police record check showed Wilkerson had four traffic citations and two arrests since 1997. Further investigation found that except for a nap, the truck driver had been awake for 34 hours preceding the accident. At the time of the crash, the driver was driving a load of bottled water on a trip that was approximately 85 miles. Evidence from witnesses and the driver's log book showed he was making deliveries and loading and unloading trucks during a 34 hour period.

Investigators were also looking at factors other than fatigue, including the fact that the driver had a dog in the cab with him. Investigators found that he was not talking on a cell phone. The owner of the tractor trailer, Crete Carrier Corp. out of Lincoln, Nebraska, operates over 5,000 trucks and employs over 5,000 drivers. Accident investigators hope to learn more from the accident from data recorders, but neither the tractor trailer nor the bus had a black box or other type recorder. An electronic engine control module on the truck that is capable of recording braking and vehicle speeds did not record that information prior to the crash sequence.

According to information from drivers who have worked for Crete in the past, they use Qualcomm to monitor their drivers. The basic modules of the Qualcomm system include miles and routing software. Anyone at the company that has access to the Qualcomm system can pull up what the driver has done. Qualcomm also works off a GPS system. The company can easily determine if the driver is violating the Federal Motor Carrier Safety hours of service laws. Some drivers claim that a driver can thwart the Qualcomm system by not accurately reporting the miles of service. It seems like it is time for federal regulations making systems that track through GPS the miles and hours of service that the vehicle actually drives in which it is not as easy for drivers the cheat the system. Trucking companies, of course, do not want this because it places the clear responsibility to monitor the drivers on them and it prevents high mileage drivers who thwart the system from being able to do so.

The National Transportation Safety Board's chairman, Mark V. Rosenker, noted that the NTSB has made more than 60 safety recommendations to the Federal Motor Carrier Safety Administration over the past 8 years, but only 26 have been adopted by the FMCMSA. According to Rosenker, "there is outrage when a couple of hundred people are killed in aviation fatal accidents, yet you don't seem to see, share, or demonstrate the same outrage when 4,300 people die on our nation's highways annually."

One can only wonder why the Federal Motor Carrier Safety Administration would ignore recommendations of the National Transportation Safety Board. Why isn't the FMCSA interested in decreasing injury and death caused by bus and large truck accidents. Maybe it's the fact that the Busch administration appoints former lobbyists, executives, or lawyers of the trucking industry to head and staff the agency charged with enforcing the safety of the same industries. These former trucking industry lobbyists, executives and lawyers are not interested in reducing crashes, injuries and fatalities involving large trucks, even though this is what they are charged with, they are more interested in bowing to the interests of the trucking industry for higher profits at the expense of safety.

The Federal Highway Administration 5,200 deaths from truck accidents loosened its length limitation on what truck drivers call "4-ways", which is a slang term for trucks towing three other trucks in March 2007. Under the old regulation, the limit of 4-ways was 75 feet, but under the new regulations it is now 97 feet.

The Truck Safety Coalition has been pressuring the federal government to reduce the number of truck related deaths. Despite these deaths on the nation's highways as a result of truck accidents, the 97 foot long truck combination was slipped through in the Congressional Highway Funding bill.

Prior to the Federal Highway Administration's enactment of it, truck safety groups raised the obvious questions of the safety. Truck drivers testified to the agency stating that the new rule was absurd, and that even with 75 feet, a tractor trailer with three separate trailers were unstable and that the last trailer tends to sway back and forth.

Despite the opposition by truck safety groups, the Federal Highway and Transportation Administration published the rule allowing it and citing the studies from groups that say that safety concerns from the truck drivers are unfounded.

The next time you are driving down the highway and see a tractor trailer towing three separate trailers, 97 feet long, going 70-75 miles an hour, you can thank the trucking industry and its friends in congress who are more interested in profits than safety.

On July 13, 2005, a truck and a tour bus carrying members of Eminem's Anger Management 3 Tour collided on Westbound I-70 near Odessa, Missouri in Lafayette County. Four passengers on the bus were injured along with the truck driver and his wife who was a passenger in the tractor trailer.

The tour bus was driven by Charles Dilligard of Entertainment Coaches of America and was traveling from Chicago, Illinois to Denver, Colorado for the next show in the Anger Management 3 Tour. The truck was in the left lane when the tour bus approached the truck quickly from behind. The bus driver, swerved right to avoid rear-ending the tractor trailer and then over-corrected to the left to avoid a guardrail, and collided with the truck. The truck went through the grassy median and cable divider and crossed both lanes of eastbound I-70 before ending up on the shoulder of the east bound I-70.

Plaintiffs alleged that the bus driver Charles Dilligard was fatigued and exceeded the number of hours for allowed by federal law for commercial bus drivers. It was also claimed that the bus was speeding which as verified by various witnesses who estimated that the bus was traveling in excess of 85 miles an hour. This was also substantiated by the investigating police officers.

The bus driver denied that he was speeding and claimed that the collision was caused because the truck driver was going too slowly in the left lane and that the truck driver had pulled out from a rest area and changed into the fast lane while he was going too slow. This allegation by Dilligard was contradicted by evidence from the truck's black box recorder indicating that the truck was going 68 miles an hour when the tour bus approached from behind.

Tina Wyngarden suffered a cervical fracture, spinal trauma, a C5-C6 cervical discectomy with fusion, nerve damage, headaches and other injuries. Her medical expenses were in excess of $105,000. Alan Mamon, Eminem's disc jockey for the tour, suffered a lacerated liver, collapsed lung, as well as multiple rib fractured, and his medical expenses were in excess of $38,000 and he had lost wages of $42,000. Neil Mamon, who worked as Alan's business manager, suffered a C7 fracture, cervical fusion, vertebral displacement at C5-C6. puncture wound on his leg, nerve damage as well as other injuries. Joseph Fendrick suffered internal injuries, a right humerus fracture, right clavicle fracture, left ankle fracture, closed head injury, double hernia, a deep vein thrombosis, all of which resulted with a permanent limp and unsteady gait, with medical expenses exceeding $197,000. Finally Robert Haddoni suffered a herniated disc C5-6, closed head injury, positional vertigo, and damage to both inner ears, his medical expenses were in excess of $38,000.

In January 2007, all of the claims were settled for the remaining policy limits on the policy maintained by ECA for approximately $4,500,000.00.

I was surprised to learn that a recent analysis of of fatal trucking accidents revealed that 25% of truckers involved in fatal truck accidents had been convicted of a criminal offense, that 14 percent had prior drug or alcohol offenses before the accident and that 10% were convicted felons. This is apparently occurs because trucking companies faced with a shortage of experienced drivers find that ex-convicts are an attractive pool of low cost labor. Some states such as Texas are training inmates to be truck drivers upon release.

Upon looking into this further I found that it is legal to hire drivers with a criminal records. While I am in favor of people rehabilitating themselves and becoming productive members of society, this alarming statistic demonstrate that if companies are going to hire drivers with criminal records that their performance must be watched closely by the trucking companies. Maybe they should work for at least a year with an experienced driver with a good safety record and be assigned trucks with more sophisticated tracking systems so that there speed and hours of service can be tracked to make sure they are not driving recklessly in violation of hours of service regulations or speeding.

According to the Missouri Highway Patrol, 24.8% of all drivers in Missouri did not fasten their seatbelts. Under the current Missouri seatbelt law, police are only allowed to write a $10 ticket for not wearing a seatbelt, but only if the police officer notices the violation after making a traffic stop for a different reason. The proposed Missouri seatbelt law would allow the Missouri Highway Patrol and other police officers to make a traffic stop on persons not wearing seatbelts. In other states, with what are known as primary safety belt laws, they have noticed an increase in seatbelt use from 10% to 15%.

In certain areas of Missouri, it has been reported that 7 out of 15 people killed in trucking and auto accidents were not wearing seatbelts, according to Missouri State Highway Patrol records. Missouri, which currently only has a secondary seatbelt law, is ranked in the top 10 of states with the highest rates of drivers who do not use seatbelts.

One argument in support of primary safety belt laws, are that people injured in car crashes are a burden to the state, with 25% of the medical and other costs being picked up by the public. In addition, the savings in insurance premiums, government services, hospital fees, rehabilitation services, and police and fire department costs are estimated at $231 million and Missouri would be eligible to get an additional $16 million in federal funds for transportation needs.

According to Lt. Pat Hawkins, a veteran of the Jefferson County Sheriff's Department, he reported he had seen people die in apparently minor accidents who were not wearing their seatbelts and others, including his own daughter, lived through horrific crashes wearing their seatbelts. According to Lt. Hawkins, the difference between life and death often comes down to the click of a seatbelt.

With the safer design of automobiles nowadays, including driver and passenger side air bags, side impact air bags, stronger pillars to support the roof, vehicles are designed to protect the occupant, if they are wearing their seatbelt. Without a seatbelt, a person becomes a projectile which can lead to paralysis and death once they leave the safety of the vehicle. It only makes sense to have a safety belt law that allows police officers to stop people not wearing a seatbelt. Based on surveys of other states, with only a secondary safety belt law, the highest rate of use is approximately 80%. States with primary safety belt laws see seatbelt use rise to 90% and above. While everyone is concerned about their freedom from regulation, everyone needs to follow common sense laws to protect them.

A tractor trailer or commercial truck can travel up to one hundred thousand miles or more on the nation's highways per year. A common emergency situation for a truck driver is a tire blow-out. The most dangerous type of tire blow-out is when a "steer tire" blows out. When that happens, a truck driver has about 2 seconds to follow the proper steps to keep the 40 ton truck under control and to slowly get off the highway.

There have been many calls by consumer groups for increased truck driver training to reduce fatal accidents. Those calls have largely fallen on deaf ears at the Federal Motor Safety Carrier Administration. According to experienced truck drivers, a truck driver has about 2 seconds to react when a steer tire blows out. A tire blow-out may come at any second while the truck driver is reaching for a drink, talking on the CB or cell phone, or looking at a passing vehicle. In those 2 seconds, the driver has to (1) keep his head and not react wildly; (2) grip the steering wheel firmly; (3) stay off the brakes and in fact, do the opposite because when driving the primary force of the truck is forward force and when there is a blow-out there is going to be a substantial amount of sideways force and braking just increases that sideways force; and (4) the driver needs to increase the forward speed which means to accelerate because that compensates for the increased sideways force and will minimize the weight on the blown tire and decrease the dragging effect. After all this is done in the approximately 2 seconds, the driver then can slowly back off the accelerator and start easing toward the side of the road.
Finally, when getting off the road, he needs to keep steering the truck smoothly and gently.

Many people suggest that once the truck is on the shoulder, it is best to coast to a stop without brakes. This is the method taught in most driver training programs and in most states' commercial drivers license manuals. Some people think that if you brake at all, you should keep the pressure very light and constant.

This type of reaction in a panic situation, which most experienced drivers are know about, must be done as second nature. That is where increased training can play a significant role in reducing the potential for a catastrophic collision by a truck carrying a 40 ton load. Despite calls by many consumer groups for increased training, the Federal Motor Safety Carrier Administration has failed to act.

Truck crashes according to a report from the Citizens for Reliable and Safe Highways, are the deadliest in Wyoming and Arkansas. Missouri and Illinois are in the middle of the pack in terms of death rates compared ot other states. Wyoming has about 6.09 deaths in big truck crashes per 100,000 residents with Arkansas at about 4.17 deaths per 100,000 residents. There are approximately 100 deaths per week nation-wide as a result of truck accidents, and various consumer organizations are calling for tougher federal regulations to reduce fatalities.

Certain consumer advocates believe that the Federal Motor Carrier Safety Administration which was created in 1999 is not doing as much as it can to improve the safety of trucks. They believe that the FMCSA is putting cargo or business interest over the safety of people. The agency was created in 1999 and that year 5,380 people were killed in crashes with big trucks. As of 2005, that figure was only reduced marginally with 5,212 people killed in truck crashes in 2005.

The primary push on the FMCSA is to reduce the hours that truckers are allowed to drive without rest, increase safety inspections of big trucks, and require on-board electronic monitors to ensure compliance with hours of service rules and train drivers better.

The United States Government's priorities are skewed regarding the death toll from truck crashes. For example, while 61 people die from e-coli infections each year, the government spends millions of dollars on food safety. The death toll of 61 people from e-coli infections is the equivalent to the 4 day death toll from truck crashes. While the government uses every resource available to stop an e-coli outbreak, unsafe tractor trailers and large trucks kill and maim tens of thousands of people each year. In spite of this carnage on the highways, the FMCSA increased the number of hours a driver can operate by 28% since 2003 up to as much as 88 hours over an 8 day driving period.

As I have written before, the hours of service that truckers are allowed to drive without rest should be decreased and on-board electronic monitoring should be the rule and the not the exception. As anyone who has ever driven on a highway with a large truck behind them, no one want a driver following them that is fatigued from driving excess hours or allowed to falsify his logs because there is no effective law to monitor or audit their hours of service log entries. The current administration, clearly favors profits of big trucking companies over safety and until a more consumer oriented administration is in place, I am afraid this will continue.

According to a 2006 Federal Motor Carry Safety Administration report, there are approximately 141,000 truck crashes every year and 77,000 of those, or over 50%, are the direct fault of the truck driver. The FMCA also reported that this amounts to 1 in 20 truck drivers will be involved in a truck accident. For years, many people have focused on driver fatigue as playing a major role in truck accidents, however, while fatigue is in the top 10, it is down at number 7 as being the cause of approximately 13% of the truck accidents.

According to the FMCA 2006 report, the top 10 causes of truck accidents are:

1. Prescription drug use - 26%
2. Traveling too fast - 23%
3. Unfamiliar with the roadway - 22%
4. Over the counter drug use - 18%
5. Inadequate surveillance - 14%
6. Fatigue - 13%
7. Illegal maneuver - 9%
8. Exterior distraction - 9%
9. Inadequate evasive action - 7%
10. Aggressive driving - 7%
Many people knowledgeable in the trucking industry believe there should be additional and more detailed training as well as continued education regarding how truck drivers can avoid truck accidents. While many truck drivers or people in the industry would have guessed that traveling too fast is a major contributor to truck accidents, I doubt that most people surveyed would have thought that 26% of truck accidents are caused by prescription drug use with another 18% caused by over the counter drug use, meaning that 44% of all truck accidents are caused in some part by over the counter or prescription drugs.

I believe that this statistic demonstrates that there must be increased training as well as continued education regarding medications that can contribute to truck accidents. It is reported in truck driving schools and many trucking companies use a three minute video during classes showing the dangers of drugs and driving. Many drivers do not fully understand the consequences that simple over the counter drugs can have when driving an 80,000 pound truck down the highway.

As our Interstates and highways become more congested, the number of motor vehicle accidents is going to rise. New statistics show an alarming increase in the rate of truck crashes, many of them preventable. I believe that simple education along with increased surveillance through automated log books coupled with GPS systems can dramatically decrease the number of truck accidents because while 44% of truck accidents can be attributed to prescription drug use or over the counter drug use, an additional 23% are attributed to traveling too fast, 14% to inadequate surveillance, and 13% to fatigue. All of those factors are preventable and by using modern technology, coupled with education regarding drug use, these preventable truck accidents can be drastically reduced.

While the current administration at the FMCA has made steps concerning monitoring companies with poor track records, those monitoring systems should be extended to all truck companies just like the airline industry is required to maintain black box and voice data recorders. Given the number of truck accidents and deaths compared to airplane crashes and deaths, it certainly would be cost effective to implement across the board these new technologies that can save lives.

The Bush administration, ignoring statistics demonstrating that a high percentage of truck accidents are caused by tired truck drivers, put new regulations in effect that increase the allowable maximum driving hours from 60 to 77 over 7 consecutive days and 70 to 88 over 8 consecutive days, decreasing the time off required from 10 hours to 8. This increase is the first increase in the number of hours drivers are permitted to work in 60 years. Regulators and the Bush administration also declined to require new drivers to undergo additional training as has been suggested by safety groups.

It is not surprising that these changes in regulations to allow drivers to drive more hours will make more money for trucking companies. The Bush administration has put people in charge of the Department of Transportation who had previous experience in the trucking industry, an industry which has donated $14 million in campaigns to Republicans between 2000 and 2006. The administration justifies these new regulations because they save money for businesses and consumers by making it cheaper to transport goods across the country.

This relaxing of safety regulations in the tortured logic of the Bush administration actually improved safety because by lengthening the number of hours experienced drivers are permitted to work even though they are tired, fewer new and inexperienced drivers are needed. This claim, however, of course is made without any empirical evidence to support it and flies in the face of the fact that tired drivers, whether they are truck or automobile drivers, are more likely to be involved in accidents than drivers who are not tired.

Luckily, safety conscious groups sued to overturn the regulations and succeeded when a three judge panel from the District of Columbia Court of Appeals criticized the FMSCA for ignoring its own evidence that fatigue causes many truck accidents. The opinion stated that "the agency admits that studies show that crash risk increases in the agency words, geometrically after the 8th hour on duty." The court said the new rules are arbitrary and capricious and threw them out.

Not to be thwarted by the courts, one year after the rules were overturned, the FMSCA re-issued them in what is described as almost identical forum. A suit to overthrow these has been brought by public citizen, citizens for reliable and safe highways, teamsters, and other groups. The court heard arguments in early December 2006 and we have yet to hear the results of that lawsuit.

Let's hope that with Democrats taking over the House and Senate, that more consumer oriented safety conscious regulators will enact new regulations, putting the old regulations back in place if the court does not throw out the new regulations.

Truck accidents and auto accidents as well as other deaths dropped substantially in Missouri, Illinois and 14 other states last year. Many states with the reduction in truck accident and auto accident deaths credit stepped up enforcement and education campaigns. Illinois truck accident and automobile accident deaths fell below 1,300, the lowest total since 1924. Road deaths in Illinois have been dropping every year since 2003, when Illinois enacted a law that allowed police to stop motorists solely for not wearing seat belts. According to Illinois Governor Rod Blagojevich, the drop in trucking accident and automobile accident deaths represented clear and convincing evidence that the law is working and seat belts really do save lives.

In Missouri, truck accident and automobile accident fatalities in 2005/2006 dropped 14.6 percent. Law enforcement officials credit the decline with education efforts and new research initiatives that enable state troopers to focus on areas where crashes most likely occur. Some states that had drops in traffic fatalities cited stiffer drunk driving laws, police checkpoints aimed at aggressive driving, improved highway design, and safety efforts targeting young drivers.

When I see drivers driving without their seat belts, I am amazed at their ignorance of what can happen to them in an automobile accident whether or not it involves a truck. If a car crashes into another vehicle, the deacceleration forces can force a non-belted passenger out through the windshield or the side windows of the vehicle. In addition, if the vehicle rolls over, frequently the passengers are ejected, resulting in severe permanent injuries or death. Also, safety restraints such as shoulder belts, airbags, side curtain airbags, roof pillars to prevent roof crush, all become useless if the passenger is not belted because they are not in the proper position to take advantage of the safety devices built into modern day automobiles. I applaud Illinois in allowing troopers to stop people and give them tickets if they are not wearing their seat belts. The simple clicking of a seat belts with a shoulder harness can prevent severe permanent injuries, death, as well as the social costs of extensive medical bills and the heartbreak of people losing a loved one or having to watch them suffer through extreme pain. My advice is make it automatic when you get in your automobile to put your seat belt on, and set a good example for your children by always making sure they wear their seatbelts and you wear yours.

Highway 40, also known as Interstate 64, which is one of the busiest thoroughfares in the st. Louis metro east region which provides access to St. Louis for many people who live in Illinois and work in St. Louis each day, as well as provides major access to west St. Louis County, is going to have a 10.5 mile stretch re-built from east of Kingshighway in St. Louis to west of Spoede Road in Frontenac, Missouri. On that stretch, all bridges and 12 interchanges along the route are going to be re-built, and there is going to be a lane added in each direction between Interstate I-64 and Spoede Road.

I know from experience that whenever there is a highway construction project, especially one of this magnitude which is reported to be the largest highway construction project in state history, because changes in what drivers are used to on the highway, unexpected traffic slow downs, there are going to be more accidents on this stretch of highway. In fact a highway engineer can probably predict fairly accurately the number of additional accidents and deaths that this project will cause. In addition, because of the magnitude of the project, I know there will be much more traffic through areas on the roads that run parallel to the highway, which will also result not only in more congestion, but more accidents.

Once the construction project starts, I am inviting drivers to post comments on where they see dangers, alternative routes they have found that work (if they wish to share them), or anything else which are important to drivers during the trying three years of this construction project. Anyone who drives Highway 40 knows how bad it can be. Right now, even at certain times of the year due to sunshine slowdowns, there will be traffic backups as well as accidents.

The rebuilding project starts in the spring of 2008 with the re-building of the 1-170 interchange with Highway 40/64 in Richmond Heights. During this time, there will be no significant lane closings. The construction on the I-170 interchange will start in spring 2007 and there will be some late night and weekend lane closings as crews re-build the interchange. In 2008 and 2009 there are going to be lane closures in both directions.

Anyone who drives this from Chesterfield to downtown will know that this will make this crucial east/west corridor almost impossible to travel. In 2009, the western half of the Highway 40/64 corridor will re-open and the eastern half will close.

In order to help drivers cope with this nightmare, message boards on the I-270 loop will provide travel times and the Missouri Department of Transportation will have a 511 number that will give callers traffic updates and travel times. In addition, before sections of Highway 40 (I-64) close, there will be additional lanes created on Interstate 44 between Interstate 270 and downtown and on Interstate 70 between I-270 and I-170.

Before 2008, the County Highway Department will be improving traffic signals and major connectors such as Clayton Road and Forrest Park Parkway to handle the added traffic. In addition, they will be upgrading traffic signals along Page Avenue, Olive Blvd., Manchester Road, and Lindbergh to help traffic flow according to the Missouri Department of Transportation. Also, all hospitals that use the Highway 40/64 corridor will meet with MoDot officials to find out what primary roads their emergency vehicles should use during the closure.

In Illinois 10 people were killed in truck and car accidents over the Christmas holidays. Four of the 10 people killed were under 21 and 7 were under 27. Police were searching for a truck that struck a vehicle killing two people in the Cook county area. The driver of the truck fled on foot with another person and the police are talking to "persons of interest."

The holiday season can be a dangerous one. Being the father of 2 teenage daughters who both drive, the number of deaths involving people under 21 is of great concern. In trying to find a common factor for the four deaths, 3 involved boys, and 2 in the early morning hours. The death involving the girl occurred when her Jeep flipped and she was partially ejected and may not have been wearing her seat belt.

No parent can completely protect their children once they start driving. As a lawyer handling truck and care crash cases as well as a parent I believe I can give some advice regarding driving safety. First, have your child drive the safest and newest car you can afford. The newer cars tend to have the most up to date safety features such as side impact or side curtain air bags, anti-lock brakes, staged or smart front air bags, electronic stability equipment and SUV's with lower center of gravity and wider wheel base to reduce the vehicle's propensity to roll over.

Also limit driving after curfew to the extent possible. Nothing good happens when teenagers are driving after 1:00 a.m. Most of all always wear your seat belt and make sure they wear theirs. The most common reason for a death involving a car accident is from being ejected from the vehicle. Cars are designed to protect a belted passenger. If you are not belted you become a projectile and frequently are ejected from the vehicle and cannot take advantage of the designed protection such as air bags, pillars to prevent roof crush, as well as other safety features. And most of all, many teenagers will drink, make sure they have a designated driver.

Eight people died in truck and car crashes in Missouri during the 78 hour period from December 29, 2006 through January 11, 2007. this included three fatalities that occurred on December 31, 2006 when a family from Menasha, WI died when their vehicle was struck by a tractor trailer. This is also the same number of fatalities that occurred in Missouri the previous year.

I realize that nothing can be done regarding those deaths, but hopefully by making people aware of the extent of the problem, Missouri drivers will pay special attention to driving safely next holiday season. You should know that the holiday season cam be especially dangerous.

According to the Missouri Highway Patrol during the New Years counting period which began December 29, 2006 at 11:59 p.m. and ended January 1, 2007, they investigated 247 vehicle crashes which included 109 injuries and 8 fatalities. The Missouri Highway Patrol also arrested 132 people for driving while intoxicated. The previous year, the Missouri Highway patrol investigated 220 traffic crashes involving 81 injuries and 8 deaths. Last year 151 people were arrested for driving while intoxicated.

The 8 fatalities during this holiday season, occurred in various parts of Missouri. Two occurred in the St. Louis area and were investigated by Troop C of the Missouri Highway Patrol, two occurred in the Rolla Missouri area and were investigated by Troop I, two occurred in the St. Joseph MO area and were investigated by Troop H, and 1 occurred in Lee's summit and Springfield Mo areas and were investigated by troop A and D respectively.

The holidays should be a time to relax and be with family and friends. As you can see, it can also be a dangerous and tragic time on the roadways. My advice is to travel with caution while driving all of the time but be especially cautious during every holiday season, and of course don't drink and drive.

There are approximately 5,000 deaths annually in truck related accidents and approximately 114,000 injuries sustained in truck accidents. After reading these statistics and driving home from my office in St. Louis MO, west on Interstate 44 with a 65 foot tractor trailer in my rear view mirror, I was not thinking---I hope that driver has been driving for eleven hours today so that he can maximize the profits for his company. That is the effect of the Bush administration's rejection of proposals to restrict the number of hours truckers could drive on the road. This loosening of regulations for truckers was preceded by guess what, lobbying efforts by the trucking industry.

The Federal Motor Carrier Safety Administration loosening standards has been done under the guise of fulfilling President Bush's pledge to free the trucking industry from "cumbersome rules. I guess that these rules on how long a truck driver can drive are not really promulgated for safety of the truck driver and the cars he or she meets on the road, but are restrictions on free enterprise, at least from the view point of the current administration.

This relaxing of regulations is in spite of the fact that a person dies in the United States every 15 minutes in a trucking related accident. Over the last 6 years, the Federal Motor Carrier safety administration has with the support of the White House rejected proposals reduce the number of hours a truck driver can drive, rejected proposals to impose electronic monitoring to prevent widespread cheating on drivers logs and rejected calls for for more rigorous truck driver training.

As long as the government and trucking companies have this attitude, there will be work for people like me, a trial lawyer. There is nothing that convinces a jury to award large damages then evidence that the defendant put profits over safety.

According to the Missouri Department of Transportation, most work zone accidents are caused by inattention, excessive speed and following too closely. In 2004, 28 motorists died and 1,167 people were injured in work zone crashes in Missouri. In 2005 28 MoDOT employees were injured in work zones. Between 2000 and 2005 there have been 119 people killed and 6,267 injured in Missouri work zone crashes. It is plain to see what these statistics show, everyone needs to slow down and pay close attention in work zones.

As the MoDOT slogan goes, "Drive smart and arrive alive" for your sake and the other people on the road.