Trucking Accident Attorney Blog

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.”

For some drivers and trucking companies, saving a buck is a higher priority than saving a life. I think the Dallas Police should be applauded for its effort to make the highways safe for all motorists.

If you or a loved one has been injured or a family member has been killed in a collision with a large truck, we urge you to contact The Lowe Law Firm. Our trucking-accident attorneys will find out whether the truck driver, trucking company, or trailer owner is responsible for the accident. If so, we will then seek compensation for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.

An initial free consultation with The Lowe Law Firm attorneys for victims of trucking or truck related accidents is available. Appointments can take place at our office, at the hospital, or in the privacy of your home.

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

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 long