Trucking Accident Attorney Blog

The severe winter weather we've experienced here in Missouri has caused some dangerous road conditions. As a Missouri trucking accident attorney, this story about deaths on the road in our neighboring state of Kansas reminds me of the need for truck drivers to be especially careful during winter storms. Over one late February weekend, a couple lost their lives in a road accident involving semi trucks and icy roads. Kenneth and Diane Brown died after their car skidded on an icy bridge and was struck by a tractor-trailer in Marion County, Kansas, outside Kansas City.

It’s not clear whether this accident could have been avoided if the trucker had been driving slowly and safely for the road conditions, and allowing a safe following distance. But even most trucking companies would agree that missing a deadline due to cautious driving or pulling over in dangerous conditions is better than loss of life on the roads, especially with the dangerous weather we've experienced in Missouri this winter. We don't know whether the Browns were going too fast for the road conditions when their car skidded, but drivers of 18-wheelers have a greater responsibility to watch out for others on the road. Tractor-trailers cause much more damage to cars and their passengers than the other way around because semis weigh up to 22 times as much as cars. Trucking companies have an obligation to hire safe and experienced drivers, but they sometimes choose to overlook drivers' prior traffic citations, or even license suspensions, in favor of moving cargo as cheaply as possible.

Continue reading "Tractor Trailer Kills Kansas Couple Whose Car Skids on Icy Bridge" »

A recent article from the Belleville News-Democrat caught my eye as a southern Illinois tractor-trailer accident attorney. The Feb. 16 article is about Kelli and Chad Wisneski, both 20, who were involved in a serious accident with a grain truck on the night of their Nov. 22 wedding. The crash left Kelli paralyzed from the chest down and in need of major medical care, including 18 kinds of medication. She and her husband spent their wedding night at St. Louis University Hospital, from which she was discharged Feb. 9. Now, they’re living with Kelli’s parents in Freeburg, and are planning a fundraiser to help the family build an addition to accommodate Kelli’s electronic wheelchair.

Neither the bride nor the groom remembers much about the night of the accident. They were traveling down Illinois 15 to Chad’s parents’ house when they hit a grain truck pulling out from a field. Both passed out and awoke calling for one another. Chad was originally ticketed for failure to slow down, but that ticket was dropped. Neither of them was drinking. The article didn’t say what role the truck’s driver played, or whether he or she was injured in the crash. Kelli had just quit a job as a bartender and Chad worked as a roofer, but has been laid off. Both had planned to go to school in Missouri before the accident, but now they’re working on Kelli’s health. The family is waiting for Medicaid payments to begin, but in the meantime, they have only enough medication for two weeks.

I see avoidable tragedies like this more often than most, through my work as a Missouri semi truck accident lawyer. Unfortunately, it’s not uncommon for trucking accident victims to leave the scene with permanent, lifelong injuries. And, like Kelli Wisneski, these victims often end up on shaky financial footing due to their very high medical bills, with no health insurance to cover them and no hope of going back to work and earning an income. The article isn’t clear about fault for the crash, but victims may sue at-fault truck drivers and their trucking companies for all of the injuries and financial costs they caused. Of course, this is far from an adequate compensation for having your health and your dreams snatched away in an instant. But it can help trucking accident victims get medical care and support themselves financially as they learn to live with a new disability.

Continue reading "Grain Truck Accident Paralyzes Young Woman on Her Wedding Night" »

As a St. Louis tractor-trailer accident attorney, I continue to follow the news about the fallout from the 2008 Interstate 40 crash. In that accident, trucker Jeffrey Knight plowed his semi truck into a line of stopped cars, leaving three dead and 15 injured, some permanently. Knight told investigators he was reaching for his cell phone at the time, which eventually led police to charge him with three counts of second-degree involuntary manslaughter. He has been held in St. Louis County jail since April of last year. Now, according to a Jan. 29 post the St. Louis Post-Dispatch’s Crime Beat blog, trial for the involuntary manslaughter charges has been scheduled for June.

Knight was driving a load of scrap metal when he approached a line of stopped cars near the junction with Interstate 270. He failed to slow or stop in time, running into or over ten vehicles before stopping. The accident killed Charles “Keith” Cason, of Caseyville, 55; Lydia Miller of Canton, 55; and Alvin Mast of Kahoka, 88. Miller and Mast were Amish and had hired a driver to bring them to a funeral in Tennessee. The Missouri Highway Patrol said Knight had a clean driving record and didn’t seem to be using drugs and alcohol. However, in its report, the patrol said Knight admitted that he had been reaching for his phone and opening it just before the accident, opening him to distracted driving charges. If convicted on all three counts, he faces up to 12 years in prison.

This was a terrible, avoidable accident. But as a Missouri big rig accident lawyer, I hope that we can at least use it as an example of why it’s so important for truck drivers to avoid driving distractions. Every driver should avoid distractions behind the wheel, of course, and public safety campaigners are starting to acknowledge that. But truck drivers are in charge of machines many times the size and weight of a passenger car, and that means they can do much more damage in a crash. For example, if Knight had been driving an ordinary sedan in this crash, it’s unlikely that he would have been able to hit ten vehicles or harm 18 people. Truck drivers are well aware of this greater danger, and I hope that means they also feel a greater responsibility to drive safely.

Continue reading "Summer Trial Set for Truck Driver in Massive Interstate 40 Semi Truck Crash" »

A serious truck accident happened in our St. Louis semi truck accident attorneys’ own backyard Feb. 1. According to an article from the St. Louis Post-Dispatch, a truck ran off the road and overturned around 9:15 a.m. that day. No other vehicles were involved in the one-truck accident, but a fuel tank ruptured, causing an explosion visible that the East St. Louis Fire Department safely put out. Emergency workers spent an hour getting the truck’s driver, 35-year-old Ladon A. Trigg of St. Louis, out of his truck’s cab. He was hospitalized at St. Louis University Hospital, with injuries described as serious when emergency workers helped him away from the scene.

According to the Illinois State Police, Trigg was driving a Freightliner Truck Tractor laden with trash when he crashed his truck just east of where I-64 meets Interstates 55 and 70. They said he took the curve too fast, causing him to run off the side of the road, hit a guardrail and overturn. Illinois law enforcement may charge him with a traffic infraction or a crime. Although the injuries were not extensive, the crash shut down the eastbound side of the highway until about 3:30 and the eastbound I-64 ramp until at least 6 p.m. The U.S. Environmental Protection Agency came to the scene to help Illinois officials dispose of the spilled diesel and hydraulic equipment. A witness told the newspaper that he saw a smoke ball to into the air and that the cab was caved in.

As a southern Illinois tractor-trailer accident lawyer, I’m glad that no more injuries were reported, and wish Trigg the best luck in his recovery. Given that the crash happened at 9:15 a.m., around the end of morning rush hour, it could easily have hurt random innocent southern Illinois commuters -- or even killed them. In fact, the fact that no other motorists were involved is also a bit of luck for Trigg and the trucking company that employs him. The article doesn’t give a final ruling on the cause of the crash, but it does say the Illinois state police believe Trigg crashed because he took the curve too fast. If this is the case, he, and possibly his employer, would have been legally responsible for any injuries or deaths that could have resulted.

Continue reading "Tractor Trailer Explosion Shuts Down Interstate 64 in Southern Illinois" »

As a Missouri tractor-trailer accident attorney, I was disappointed to see that Kansas City suffered a major multi-vehicle pileup on Interstate 35 last weekend. A three-year-old died and at least six other people were seriously injured in a crash involving 30 vehicles, the Kansas City Star reported Jan. 16. The crash took place at around 7:40 a.m. near Wellsville, Kansas, and stretched disabled vehicles for a mile down the highway. The vehicles involved included multiple semi trucks, including some that hit other semis as well as trucks that hit passenger cars. More than 17 people altogether went to at least four hospitals in the region.

At least some blamed the crash on thick fog that settled over the highway. Cathy Jankovich said visibility was almost nil past the headlights of the vehicle her son-in-law was driving, even though other drivers were passing him. The exact cause of the pileup wasn’t known, but authorities said the chain reaction began with an accident involving a tow truck. Of the thirty vehicles involved, nineteen were involved in the largest crash, including six tractor-trailers. Another crash involved six vehicles. Crash survivor Mike McRoberts told the newspaper that he and his brother raced to get out of their pickup truck after it hit two vehicles. That’s when they saw an out-of-control 18-wheeler approaching and ran for their lives. They dodged the truck, but it hit another semi “and just bent in half.”

As a St. Louis trucking accident lawyer, I wonder how much effect the weather had on this terrible accident. The newspaper’s description suggests that conditions may not have been safe for any driver -- but that may be particularly true for the truckers. Under federal law, commercial truck drivers have a special duty to use “extreme caution” in hazardous weather conditions, including heavy fog, snow or ice that limits visibility and traction. This is above and beyond the ordinary standard of care that applies to all drivers. Federal safety laws like these are made in part because large trucks can do severe damage to smaller vehicles in a crash, beyond what another car might do. Unfortunately, they’re also necessary because trucking companies and their drivers have a financial incentive to disregard safety and drive through bad weather.

Continue reading "Thirty-Vehicle Pileup Outside Kansas City Leads to Multiple Truck Crashes" »

An unusual article in the Alton Telegraph caught my eye as a southern Illinois trucking accident attorney. According to the Dec. 18 article, a witness to a fatal crash between a car and a tractor-trailer called the newspaper to dispute the official law enforcement account, which put the blame on the driver of the car. Joshua Headrick, 19, was killed Dec. 17 when he proceeded straight through an intersection and into a semi truck turning left into a quarry. The resulting crash caused an explosion that killed Headrick. The truck jackknifed, but its unidentified driver was not injured.

Walters is a member of the Madison County Board, executive director of the Southern Illinois Industrial Association and a former insurance claims adjuster. He said he was waiting to make a left turn when Headrick drove by in his side of the road, then hit the left-turning truck. Both men had green lights, said Walters, but he was waiting to make sure traffic was clear before turning. Walters said Headrick was driving five to ten mph above the speed limit, but that this was not unusual for the area. And two other trucks in line to turn didn’t move, Walters said, suggesting that they didn’t have a green arrow. Under those circumstances, he told the Telegraph, “It was completely the truck’s fault[.]” However, the Alton Police Department initially assigned the blame to Headrick based on other witness accounts. The police department declined to comment.

As a St. Louis big rig accident lawyer, I think this is powerful evidence that things are more complicated than they may initially have seemed to the police. I would be interested to know who the other witnesses are who implicated Headrick for the crash, and what their angles of vision might have been. The issue of who was at fault for the accident is important, because if police decide the truck driver was at fault after all, there will be important financial consequences for both parties. Not only could the truck driver face professional consequences, but Headrick’s family could have a strong claim in any lawsuit they choose to pursue. Depending on the circumstances, the truck driver, his or her trucking company and even the quarry could all be held legally and financially responsible for this terrible crash.

Continue reading "Witness to Fatal Semi Accident Disputes Official Account That Blames Car's Driver" »

A couple of weeks ago, I wrote here about a potentially quite serious accident in Kansas City, involving a tanker truck that overturned and spilled hydrochloric acid all over a bridge. As a Missouri tractor-trailer accident attorney, I was surprised to see that another truck has overturned in the same spot -- the Paseo Bridge over the Missouri River. According to a Dec. 14 article from the Kansas City Star, the truck was carrying soybean meal that spilled across the highway, causing the road to be closed between 7:30 p.m. on Dec. 14 and 1:30 a.m. the next morning. No injuries were reported, but the driver of the truck was cited for driving too fast. Initial reports that the semi was leaking gasoline were not substantiated.

Television station KCTV followed up Dec. 15 with a report looking for reasons for the two crashes. Missouri Department of Transportation officials blamed excessive speed for both crashes. They reiterated that warning in an interview with the station, saying the bridge is easy to navigate if drivers stick to posted speed limits. However, the bridge is also currently under construction, which means drivers also have to contend with workers, equipment, detours and lane closures. Drivers interviewed for the piece said the construction was sometimes confusing; one driver added that the downhill slope at the end of the bridge didn’t seem safe. Some said they prefer to avoid the bridge altogether, which means detouring to bridges to the north and south, some far out of the way and none attached to an interstate highway.

As a St. Louis big rig accident lawyer, I suspect that both MoDOT and the drivers are right. Speeding isn’t a factor in truck accidents as often as it is in accidents involving passenger cars. But when truckers do speed, they can do far more damage, simply because their vehicles weigh up to 100 times more than the average import economy car. That weight matters not only in a collision, but also in a curve, because it makes it easier for trucks to turn over like these two did. And because there is construction on the bridge right now, drivers must slow down even more than usual. They must also be extra careful about their route and lanes, which may have changed because of the construction, and keep an eye out for people and equipment. Drivers who use the bridge regularly, and professional truck drivers, may be lulled into a false sense of a security by their experience -- but failure to take extra care under these conditions can easily cause a crash.

Continue reading "Second Semi in Three Weeks Overturns on KC Bridge, Prompting Speed Concerns" »

Our Missouri tractor-trailer accident lawyers noted a particularly dangerous accident that happened in Kansas City just after the Thanksgiving long weekend. The Kansas City Star reported Nov. 30 that a tanker truck crashed on Interstate 35 at 7 a.m. that day, causing a rollover and a spill of its contents -- hydrochloric acid. The newspaper said the crash spilled up to 400 gallons of acid across the highway’s Paseo Bridge construction site, causing a toxic hazard that closed the road in both directions and put a nearby business on lockdown. At least 11 people reportedly went to the hospital, although no serious injuries were reported.

According to the Star, police said the driver of the truck was probably going too fast for the stretch of highway, which is part of a construction zone. The truck hit a concrete barrier and overturned, spilling acid from its tank. Hydrochloric acid has many uses in industrial processing, but corrodes human tissue and can produce toxic gas when mixed with common substances like bleach. To control this danger, the city threw down sand and dirt to stop the spreading puddle, following up with a special truck to siphon it away. It also had to call in a special road crew to repair holes the acid had eaten into the highway. The nearly Isle of Capri casino closed down its climate-control system and went on lockdown to minimize the risk of injury to staff and customers. Nonetheless, eleven people went to hospitals complaining of eye, nose and throat irritation, including the truck’s driver, two police officers and a construction worker.

As a St. Louis tanker truck accident attorney, I’m grateful that the damage was not worse. The federal government considers hydrochloric acid a toxic substance. Direct contact with human skin causes chemical burns that can lead to permanent damage if the exposure is strong enough. Contact with the fumes is even more dangerous, leading to death, circulation problems or permanent organ damage in high concentrations; or burning eyes, nose and throat in lesser concentrations. If the spill had gone differently, or the city had not been able to respond so quickly, everyone in the area would have been at risk for these serious injuries. And because law enforcement suspects that speed was the cause of the crash, the trucker -- and probably his trucking company -- would have been held responsible for those injuries.

Continue reading "Kansas City Police Blame Speed for Trucking Accident That Spilled Acid on Highway" »

As a Missouri trucking accident attorney, I was disappointed to read about an accident last week that took the lives of two members of Missouri’s Amish community. The St. Joseph News-Press reported Nov. 12 that three people died and four others were injured in a crash caused by a grain truck that lost a wheel outside of the northwestern Missouri town of Jamesport. The grain truck’s driver, David Leeper, 51, managed to steer the truck to the edge of the road, but a minivan following it hit the wheel lying in the road. The minivan skidded, rolled over and hit the grain truck.

The accident killed driver Maria Hostetler, 40; passenger Chester Gingerich, 48; and his son Perry Gingerich, 16. The elder Gingerich’s wife, Wilma Gingerirch, 46, was hospitalized in critical condition in Kansas City. Also hospitalized were their son, Steven Gingerich, 20, and son-in-law, Calvin Beechy, 25, as well as Leeper. Everyone involved but Leeper and Hostetler was part of the Amish community in Jamesport. The article does not mention a police report or investigation, but neighbor Bryan Carmenati speculated for the newspaper about whether the grain truck was roadworthy. Noting that the truck was 40 years old, he suggested that the crash could have been avoided if it had been retired or better maintained.

As a St. Louis tractor-trailer accident lawyer, I suspect that he’s right. Long-haul commercial trucks tend to be newer models because they get a lot of use. Grain trucks used for short hauls may spend more time parked, but four decades is old even for a passenger vehicle. To continue safely driving such a vehicle, owners must give it thorough routine maintenance and check for problems. Failure to do so can have catastrophic consequences like the ones described in the article. Just like long-haul trucks, farm trucks are much larger and heavier than ordinary passenger vehicles, which means they bring many times the force to any crash between the two vehicle types. And that means that even a slow-speed crash, grain trucks and other short-distance trucks have the power to kill or catastrophically injure people in the smaller vehicles.

Continue reading "Defect on Grain Truck Kills Three and Sends Four to Hospital Near St. Joseph" »

As a St. Louis semi truck accident attorney, I was disappointed to see that a young man died over this past weekend in a crash with a large truck. According to a Nov. 10 article from the St. Louis Post-Dispatch’s Suburban Journals, 20-year-old Kyle Lauders of O’Fallon died around 3:40 a.m. Saturday, after he crashed head-on into a tractor-trailer. Authorities suspect Lauders was drinking before he drove east in the westbound lanes of Highway 40. His vehicle hit the driver’s side of the truck before scraping down the side of the truck, puncturing the gas tank and causing an explosion. The truck’s driver, 48-year-old Danny Lanier of Kansas City, Kan., was not injured. However, the tractor unit and one of the trailers were demolished in the fire.

From the description provided in the article, it seems likely that this crash was not the fault of the truck’s driver, and I’m glad that he escaped injury. My sympathies go out to Lauders’ family and friends. But as a Missouri big rig accident lawyer, I am interested in whether equipment problems may have contributed to the ensuing fire. Large commercial trucks log thousands of miles on the road every year, and accidents are so common that trucking companies build them into their cost of doing business. That means trucks’ gas tanks should be well-reinforced in order to avoid an explosion like this one. If the truck’s manufacturer failed to sufficiently reinforce the tank, or its maintainers failed to ensure that those reinforcements were still working, they could be liable for any injuries or deaths that could have resulted.

Human error and bad decisions cause traffic accidents far more often than problems with defective or poorly maintained equipment. But truck defect accidents do happen. One federal study found that malfunctioning or failing brakes were blamed for 25 to 60 percent of all crashes, by crash investigators and safety inspectors. Other studies and real-life accidents have exposed problems with improperly inflated tires, missing or defective lights and other serious safety defects. Despite safety regulations requiring regular maintenance, some trucking companies still cut corners on maintenance in order to save money, gambling that nothing bad will happen. When they lose that bet, their own drivers and all of the drivers and passengers around them are exposed to an unreasonable, unnecessary risk of death and catastrophic injury.

Continue reading "Trucking Accident Causes Explosion on Highway 40 and Death of Young Man" »

As a Missouri semi truck accident attorney, I was happy to read that no one was seriously injured in an early-morning crash between a school bus and a commercial truck. According to a Sept. 21 article from TV station KMBC in Kansas City, it was just 6 a.m. when the crash took place on the junction from Interstate 670 west to Interstate 35 south. The truck apparently overbalanced on the ramp, the article said, causing it to fall and slide into the bus. No children were on the school bus, and the drivers of both vehicles escaped with only minor injuries. However, the crash snarled traffic through the city’s downtown loop.

The accident also spilled the truck’s load of crushed cars intended as scrap metal. The Kansas City Fire Department’s hazardous materials team was called, but no toxic material was reported. However, as a St. Louis tanker truck accident attorney, I’m glad this crash took place so early, and the load spill is part of the reason why. A load of crushed cars may not cause a toxic spill, but it’s still a heavy load with the potential to do serious damage to anything it may land on. Furthermore, the slowdown from the crash can easily cause secondary accidents, as drivers are forced to slow and stop unexpectedly and sometimes very rapidly. And of course, school buses tend to be full of children later in the morning.

The load spill also invites the question of how the truck was originally loaded. Most trucking accidents are caused by bad choices by one or more of the drivers involved, but improper loading absolutely can play a part in crashes. In fact, an improper load can even cause accidents by causing trailers to go out of control, tipping over a truck or spilling goods into the traffic around the truck. When loads spill, experienced southern Illinois 18-wheeler accident lawyers should always check whether overloading, improper placement or improper securing of the load by the trucking company played a part. In many cases, both the trucker and his or her trucking company are ultimately found responsible for this type of accident.

Continue reading "No Serious Injuries After Tractor-Trailer Overturns Onto School Bus on Kansas City Highway" »

As a Missouri semi truck accident attorney, I was not surprised to see that the Oklahoma authorities have charged Donald Creed with ten counts of misdemeanor negligent homicide in June’s Interstate 40 tragedy. As I have written here before, Creed was driving a truck for Associated Wholesale Grocers of Kansas City when he failed to stop for traffic ahead, plowing into six stopped cars near the Okalahoma-Missouri border. Now, the Oklahoman reported Sept. 22, prosecutors have charged Creed, 76, with ten counts of misdemeanor negligent homicide, one for each of the victims. Each charge carries a maximum of a year in jail. The newspaper said Creed planned to turn himself in Sept. 23.

A prosecutor for Ottawa County, Oklahoma, told the newspaper that his office would have considered felony charges for Creed if there had been evidence that Creed was driving under the influence of alcohol or drugs. However, investigators have not turned up any reason for the accident other than inattention, such as intoxication, distraction by a cell phone or equipment malfunctions. The Oklahoman reported that Creed was driving at 71 mph and had cruise control on at the time of the crash. Witnesses and physical evidence suggested that Creed never braked before he hit the stopped traffic. However, he told an officer at the scene that he had brought his big rig to a full stop, and that the cars he hit must have driven underneath the truck.

Barring any discovery by authorities that Creed was confused by a health problem, I can only assume he never braked because he was distracted by something. That’s why, as a Missouri tractor-trailer accident lawyer, I hope that this terrible tragedy can do some good by teaching other drivers about the dangers of driving while distracted. Using cell phones and other mobile devices has become one of the most recognized driver distractions -- but anything from eating a sandwich to rubbernecking can take a driver’s eyes off the road. And, as noted in a recent study, trucks on the highway can travel the length of a football field when drivers take their eyes off the road for just five seconds. Given that a truck can literally crush a smaller vehicle at high speeds, that’s far too long.

Continue reading "Missouri Truck Driver Faces 10 Counts of Negligent Homicide in Oklahoma Highway Crash" »

Authorities in Lawrence County, Missouri, are still searching for a truck whose driver allegedly pushed another car into traffic, news station KY3 in Springfield reported Sept. 3. The station said the incident may have been caused by “road rage” on the part of the truck’s driver. According to the article, the victim’s car was stopped at the intersection of Missouri 39 and Missouri 96, waiting for traffic to clear, with the truck behind it. Allegedly, the truck driver intentionally hit the car’s bumper several times, then pushed the car into oncoming traffic on the road and drove away. Fortunately, the car was not hit, and its driver and all four child passengers were not hurt.

KY3.com has more in a video report:

Witness Tracy Daugherty said she hopes authorities can find the driver and take away his or her commercial driver’s license, because “If he’s going to do this to one person, he’s going to continue to do this.” In fact, authorities are actively searching for the truck and its driver and are asking the public for help. The truck has a black or dark blue tractor unit with “C&L Trucking” on its door. It was pulling a white colored grain huller bed. Authorities were originally given license plate number 1255CL, but now believe that number is incorrect; the plate is likely to have a similar number. Anyone with information should call Detective Chris Berry at the Lawrence County Sheriff’s Department at (417) 466-2131 or send email to cberry@lawrencecosheriff.com.

As a Missouri tractor-trailer accident attorney, I agree with Daugherty that this truck driver displayed extremely poor judgment. If the article is correct that the trucker hit the car intentionally, everyone involved is lucky that the accident wasn’t more serious. Because of their size and weight, trucks can crush cars in a collision. And because their bumpers tend to be much higher than the bumpers on cars, trucks tend to exert that strong force at the head and torso levels of the people sitting inside the car. That means even a slow-speed accident between a car and a truck can cause deaths and serious injuries. Causing this type of accident on purpose is an incredibly bad idea, at best; running away afterward makes the incident a crime. As a St. Louis big rig accident attorney, I would not be sorry to see this driver’s commercial license taken away if all the facts reported here are true.

Continue reading "Lawrence County Missouri Police Searching for Semi Truck That Hit Car and Ran" »

A police report says the driver in a catastrophic big rig accident was not paying attention, the Oklahoman reported Aug. 4. The June 26 crash took place just over the border from Joplin, MO, in northeastern Oklahoma. The report by the Oklahoma Highway Patrol says truck driver Donald Creed, 76, did not appear to slow down or swerve before he ran into stopped traffic at around 70 mph, setting off a chain-reaction crash. The crash killed ten people traveling from Oklahoma City, Texas and Arizona and injured at least three others, including a 12-year-old girl. Witnesses said it took three to five hours to rescue survivors and bodies from the wreckage.

Investigators have ruled out intoxication, mechanical problems or visual obstructions as causes of the crash. In this report, officers said a GPS device inside the truck showed Creed was traveling at consistent speeds before the crash, suggesting that cruise control was on. Creed declined to be interviewed about the crash, but officers said he was able to walk and respond to questions and showed no signs of visual impairment. However, at the scene, he asked officers if he had hit someone. He also said vehicles had driven underneath his truck while it was parked. Oklahoma law enforcement is waiting for the results of a criminal investigation before deciding whether to charge Creed criminally. If they do, he could face ten counts of negligent homicide and other charges.

As a Missouri semi truck accident attorney, I rarely find a case in which authorities can find no discernable reason for a crash other than simple inattention. Distraction by itself may be a realistic explanation -- a study by the Virginia Tech Traffic Institute showed that 80% of crashes of passenger cars were preceded by some type of driver distraction. But given Creed’s evident confusion at the scene and his age, 76, I wonder whether investigators are also looking into the possibility that he was mentally confused. Driving is an important part of independence for older people here in Missouri and throughout the Midwest, and driving privileges shouldn’t be revoked lightly. But as a Missouri tractor-trailer crash lawyer, I would strongly support mandatory testing for older drivers of commercial vehicles, which have the power to kill and maim the innocent people around them if the operator makes even a brief mistake.

Continue reading "Report on Oklahoma Trucking Accident Finds Driver Inattention Responsible for Tragedy" »

As a St. Louis large truck accident attorney, my interest was piqued by a particularly tragic article about a 10-year-old boy who was killed by a semi-truck in Bloomington, Ill. According to the article, Travell Arrington was riding his bike to the store with his friends when he was hit by a semi truck turning into a driveway. The article said he and a friend were trying to beat the truck across the driveway. According to the coroner, this little boy died "as a result of severe head injuries due to being crushed by a tire."

Arrington's death deeply disturbed the community in Bloomington. A total of 250 people attended his memorial service, where his mother and others called for an investigation into the safety of traffic patterns in the high-density area. The truck driver was questioned by the police, of course, and his blood was tested for unsafe drug and alcohol levels, as is routine in traffic accident deaths. The results of that test are not yet available. In addition, an Illinois State Police trooper inspected the tractor-trailer's mechanical systems for defects, and a city traffic committee thoroughly examined the accident's site for ways in which its safety may have been compromised.

Unfortunately, results so far have been inconclusive, and the trucker has not been cited with any traffic violations or criminally charged. A follow-up article in the Pantagraph this week said that Bloomington's city traffic committee had no suggested changes for the area. The police, too, reaffirmed that there likely was nothing that could have been done differently on the part of the city to prevent the accident.

In the absence of this evidence, the city is doing the only thing it can: it plans to hold special programs, including a "bike rodeo," to educate children on bicycle safety as a result of the accident. I applaud this effort, but as a southern Illinois tractor-trailer crash lawyer, I hope they are also looking into the truck driver’s role. While the description of the accident suggests that Arrington may have taken a risk, truckers and all other drivers have a legal obligation to take special care around children -- precisely because their inexperience can lead to bad choices. Illinois pedestrian laws require drivers to exercise due care around pedestrians and bicyclists, even those engaged in unsafe or illegal behaviors -- and especially around children or “any obviously confused, incapacitated or intoxicated person.” If an investigation finds that the truck driver failed in this duty, he could be held legally liable for the accident.

Continue reading "Bloomington Mourns 10-Year-Old Boy Killed by Semi Truck, Plans Bicycle Safety Programs" »

Last week, I saw a truly bizarre accident on TV station KTVI (Fox 2). On July 8, on Highway D in St. Charles County, two women were almost crushed inside their car by a Caterpillar grader that was being transported by a flatbed semi truck in the next lane. Evidently, one of the truck's wheels slipped off the road, causing the grader to shift, then come crashing down on top of the women's car. The victims, who were ironically on their way to pick up a friend to take her to the hospital, were both seriously injured and had to be rushed (one airlifted) to the hospital themselves.

You can view the report here:
 

According to the report, the grader was originally tied down. However, it does not appear to have been tied down securely enough to ensure the safety of these two women, or anyone else unlucky enough to be sharing the road with this truck. Under federal and Missouri law, truck drivers and trucking companies must tie down their cargo securely. They must also check the reliability of the truck itself and its equipment, including brakes and tires whose failure could cause a serious accident. Any violation of those laws is a form of negligence -- the legal term for extreme carelessness -- and the trucker and trucking company can be held legally liable for any resulting accident with a St. Louis tractor-trailer accident lawsuit.

Any Missouri commercial truck crash lawyer can tell you that the deadly hazards involved with large trucks are too numerous to count. All that weight, plus the inertia involved in driving, turning and stopping, spells serious trouble for anything in a big rig's path -- or in this case, vicinity. It is imperative to make sure that any load the truck bears is absolutely secure. When truckers and their trucking companies fail in this duty, they can be held legally liable in a Missouri semi-truck accident lawsuit, allowing victims to claim all financial losses resulting from the accident, such as hospital bills and lost income. They can also be compensated for any injury, pain, disability or wrongful death that the incident has caused.

Continue reading "St. Louis Women Nearly Crushed by Semi-Truck's Load: A Tractor" »

Two women are uninjured and another suffered only minor injuries after a crossover collision, The Southern reported July 6. Illinois state police said Kyra Rivera of Potter Springs, Georgia was driving south when she was forced off the road by a semitrailer truck. She crossed into the opposing lane and struck an SUV driven by Sara Gordon of Olmstead, who suffered minor injuries. Rivera and her passenger, Leslie Heslip Jackson, were not injured, and the truck’s driver was not named in the story. However, both of the vehicles in the crash suffered severe damage.

This accident caught my eye as a Southern Illinois semi truck accident lawyer because no truck was involved in the actual collision. Nonetheless, if the Illinois state police’s account of the facts is correct, this was an accident that was probably caused by a large commercial truck. As many highway drivers know, big rigs take up a lot of room simply because of their large size and length. Once you factor in the added stopping distance these heavy trucks need -- which every driver should do -- the amount of space they need becomes even bigger. Under those circumstances, it’s easy to see how careless driving by a truck driver could force someone off the road.

If that’s the case, this truck driver may be guilty of leaving the scene of an accident, a crime in Illinois, Missouri and all other states. Many motorists don’t realize this, but forcing someone off the road and then leaving is considered a type of hit-and-run under the law, even if the vehicles never touched. And like all hit-and-run accidents, these types of crashes should be covered by uninsured and underinsured motorist auto insurance coverage. After all, if the hit-and-run driver is never found, there’s no insurance policy to collect on. Unfortunately, insurance companies can make it difficult to collect on legitimate UM/UIM claims, especially expensive ones, which is why drivers should always talk to a St. Louis tractor-trailer accident lawyer at the first hint of any trouble.

Continue reading "Southern Illinois Woman Suffers Minor Injuries After Truck Allegedly Ran Her Off Road" »

A driver for a Kansas City-based grocery company plowed into a line of stopped cars in northeastern Oklahoma June 26, the Associated Press reported June 28. Authorities said they did not believe driver Donald Creed, 76, of Willard, Mo., tried to stop before his truck hit three stopped cars, starting a chain-reaction crash that killed 10 people. Oklahoma Highway Patrol Lieutenant George Brown said the scene was like a war zone, with some victims pinned in their vehicles for hours before they could be freed. All in all, ten people were killed:

• Ethan Hayes, 7, Frisco, TX
  
• Randall Hayes, 38, Frisco, TX
  
• Shelby Hayes, 35, Frisco, TX
  
• Antonio Hooks, 42, Oklahoma City, OK
  
• Dione Hooks, 41, Oklahoma City, OK
  
• Earlene Hooks, 63, Oklahoma City, OK
  
• Oral Hooks, 69, Oklahoma City, OK
  
• Cynthia Olson, 55, Crossroads, TX
  
• Ernestina Reyes, Phoenix, AZ
  
• Ricardo Reyes, 39, Phoenix, AZ

At least three other people, including Creed, are hospitalized with injuries from the accident. Twelve-year-old Andrea Reyes of Phoenix is listed in serious condition at Children’s Mercy Hospital in Kansas City.

An investigation is pending, but the cause of the accident was not immediately clear. Brown told the AP that investigators do not believe alcohol was a factor in the crash, although authorities did a routine toxicology text. Later investigation found that the brakes on the truck, owned by Associated Wholesale Grocers of Kansas City, appear to work fine, and Creed’s commercial driver’s license was clean in both Missouri and Oklahoma. The initial highway patrol report said Creed was driving too fast for the conditions, and authorities have said Creed may be charged with ten counts of negligent homicide after a criminal investigation is complete.

My heart goes out to the people affected by this terrible crash. As a St. Louis semi truck accident lawyer, I would have been interested in this crash no matter what the circumstances. But I’m sorry to say that it also closely resembles the horrific July 2008 tractor-trailer crash that took place on I-40 here in St. Louis. In that case, the investigation eventually said the cause was simple inattention -- the truck driver was text-messaging right before he hit a line of stopped traffic, killing three and catastrophically injuring many more. As a result, the driver and his trucking company are now facing multiple Missouri tractor-trailer crash lawsuits alleging that their negligence (carelessness) caused the deaths and injuries.

Continue reading "Ten People Killed in Catastrophic Oklahoma Trucking Accident " »

A few days ago, I saw an article in the Marshfield Mail about a woman and her daughter who got into a wreck on I-44 because a tractor-trailer had failed to yield the right of way. Apparently in order to avoid colliding with the big rig as it unexpectedly moved forward, the woman swerved and ended up hitting a guardrail. She and her daughter sustained moderate injuries and were left there to wait for an ambulance. Meanwhile, the truck driver left the scene unscathed.

It is unfortunate that the two injured parties were apparently were in their right minds, on the right side of the law and did everything they could to avoid an accident, yet they still were injured and the truck driver who disobeyed the law was not. As a Missouri large truck accident lawyer, I see situations like this all too often, and unfortunately that's sometimes the way it goes. However, that doesn't mean that the woman and her daughter do not have the right to be compensated for their injuries.

The MSHP did catch up with the tractor-trailer and identified the driver. However, there has been no official report of citations for him. This may be because there was (thankfully) no contact between the two vehicles, but as a St. Louis tractor-trailer wreck attorney I must emphasize that just because there was no contact between vehicles doesn't mean that the truck did not cause an accident. Due to the danger of carrying large and heavy loads, commercial truck drivers should be held especially accountable for their actions when they break the law. If this woman or her daughter ended up with whiplash or other sustained injuries that negatively impact their quality of life, they would have a case and should talk to a Missouri 18-wheeler accident attorney as soon as they can.

Headquartered in St. Louis, Missouri, The Lowe Law Firm represents people in Missouri and southern Illinois who have been seriously injured in accidents that involve large trucks. If you or a loved one have been harmed or killed due to a commercial truck driver's carelessness, help is available. In a Missouri commercial truck lawsuit you can claim all financial losses incurred by the accident, including but not limited to hospital bills and lost income. You also can be compensated for any injury, pain, disability or wrongful death that came about as a result of the incident. To set up a free consultation and learn more about your rights and your claim, please do not hesitate to contact us online, or call our offices toll-free at 1-877-678-3400.

A tractor-trailer truck recently overturned in Shelby County, injuring a man nearby. Overturning is a particularly deadly hazard with commercial trucks -- a study by the Federal Motor Carrier Safety Administration called it the most common large truck driver fatality accident type. However, what I as a St. Louis tractor trailer accident attorney find remarkable about this story is that the injured party wasn't even close to the road -- in fact, according to reports, he was 200 feet away.

Let's take another look at the situation. The accident happened at nighttime, so the road was likely dark and traffic was probably light. Reportedly, all that the driver did was fail to stop at a stop sign before making a turn. All of this might sound harmless enough, but in a two-ton 18-wheeler, the stakes go way up, no matter how deserted the road appears. The smallest failure to follow traffic rules can result in the truck's load overturning, leading to serious injuries not only for the driver, but also for whomever and whatever might be nearby.

Fortunately, the victim reportedly only sustained only minor injuries as a result of this wreck. But as a Missouri commercial truck injury lawyer, I know that other victims aren’t always so lucky. Because large commercial trucks outweigh cars by as much as 200 times, they can cause very severe damage in an accident that pits the two vehicle types against one another. Victims can be killed or suffer catastrophic, life-changing injuries, including permanent brain damage or paralysis. Just like all drivers, truck drivers have a legal responsibility to take care on the road, and that includes obeying traffic laws. When they fail, victims have the right to hold them legally and financially responsible for their actions with a Missouri trucking accident lawsuit.

With law offices in St. Louis, Missouri and Belleville, Illinois, The Lowe Law Firm represents clients in Missouri and southern Illinois who were seriously hurt in a serious accident with a large truck. If you have been injured by a commercial truck, or lost a loved one in an accident that you believe was caused by a trucker’s carelessness, we can help. In a Missouri semi truck accident lawsuit, you can claim all of your losses related to the accident, including financial losses like hospital bills and lost income, as well as compensation for an injury, pain, disability or wrongful death. To set up a free consultation and learn more about your rights, please contact us online, or call our firm toll-free at 1-877-678-3400.

A few days ago I came across an article in the St. Clair Record about a particularly disturbing southern Illinois trucking accident. On May 22, Aisha Wright filed suit in St. Clair County Circuit Court against Reithoffer Shows truck driver Tina Hales. Wright cited severe head, neck and back injuries as a result of Hales’ attempt to turn left across the highway -- at a red light.

According to her statement, Wright was driving west on Illinois Route 15 in Alorton on July 21, 2008. As she approached the highway’s intersection with Race Horse Drive and Lakewood Place, the green light was in her favor, so she continued across. But at that same moment, Hales attempted a left turn onto Race Horse Drive, in violation of a red light. As a result, the Reithoffer Shows carnival truck that Hales was driving crashed violently into Wright’s vehicle.

Many wrecks involving commercial trucks can be traced to the driver not having had enough sleep, or having been under the influence of drugs or alcohol. But speaking as a southern Illinois trucking accident lawyer, I can tell you that the simple mistake of not stopping at designated intersections can have devastating consequences. Commercial truck drivers who do not heed basic road signs can wreak havoc on the innocent people sharing their roads, causing death, brain damage and other catastrophic injuries.

The suit charged Hales with several types of negligence: failing to stop the truck as she entered the intersection, failing to make a proper left turn, failing to yield the right-of-way, failing to pay attention, and failing to keep a proper lookout. It seeks a judgment in excess of $100,000 plus costs. But Wright’s injuries are just the beginning; her vehicle also was severely damaged and its value dramatically depreciated. In addition, she says she will suffer disability, pain and suffering, lost wages, incurred medical expenses and, ultimately, the loss of a normal life.

It is hard to put a price on how, in a single instant, one negligent truck driver can irreparably alter a person's life and the lives of their loved ones. However, as a southern Illinois trucking accident attorney, it is my job to make sure that whatever can be recovered, is. If you or a loved one has been in a serious trucking accident in Missouri or southern Illinois, you should call The Lowe Law Firm as soon as possible. Based in St. Louis and Belleville, Ill., we represent people throughout Missouri and southern Illinois who have been injured by the carelessness of a truck drivers or trucking company. We can help you win the money you need to pay medical bills, replace income lost while you cannot work, and compensate you for a permanent disability or the loss of a family member. Please contact the Lowe Law Firm online today for a free, confidential consultation, or call us toll-free at 1-877-678-3400.

A story in the Joplin Globe recently caught my eye because it involves legal issues very important to Missouri trucking accident lawyers like me. The story centers on a family of four from Joplin who were killed when their car, which was stopped for a red light, was struck by a tractor-trailer and burst into flames. The truck driver is now facing four counts of negligent homicide in the incident. Relatives would like to sue the trucking company over the deaths -- and in Missouri, this would be no problem. But the accident took place just over the state line in Pryor, Oklahoma, and Oklahoma law may block part of the relatives’ legal claim.

The plaintiffs in the case are older children of Robert and Melissa Hayes, siblings or half-siblings to Tyler and Colby Hayes. They filed their lawsuit in Missouri, where the Hayes family lived and where the trucking company is based. However, the trucking company has asked to move the case to Oklahoma, where the accident took place, possibly because of differences in the way the states treat siblings of wrongfully killed people. Under Missouri law, the plaintiffs may claim all the same damages for the deaths of their brothers as they would for the deaths of their parents. But Oklahoma law does not allow non-economic damages -- damages for the grief and pain of losing a loved one -- for anyone but the victims’ parents.

That difference is important, because the economic damages families may claim for the death of a minor are usually quite small. Economic damages are payments for financial losses related to the death, including the loss of an income as well as the cost of medical care and a funeral. Because minors don’t usually work, limiting wrongful death claims to economic damages means that families can collect next to nothing for the deaths of their children, even if their cases are strong. Sometimes, it means no attorney will even take the case, because wrongful death attorneys are paid from a percentage of the winnings -- and with only economic damages available, they cannot make enough money to stay in business. This essentially removes a wrongdoer’s legal liability for the death of a minor, no matter how clearly wrong that person’s behavior might have been.

It is unclear whether the effort to move the case to Oklahoma will succeed. Missouri courts have ruled that wrongful death cases should be heard in the state where the death took place -- but they have also ruled that Missouri courts should hear a case when moving it out of state would take away Missourians’ legal rights. As a St. Louis semi truck accident attorney, I hope concern for Missourians’ rights wins. By seeking to move the case to Oklahoma and dismiss the claims as to Tyler and Colby Hayes, the trucking company is trying to limit its financial liability -- not trying to spare the family from the pain of testifying, as its lawyer told the newspaper. The plaintiffs must still prove the trucking company was careless, and their other claims are viable in either state, but Missouri courts should not condone end-runs around the rights of our citizens.

The Lowe Law Firm specializes in protecting the rights of those who were seriously injured or lost a loved one in a serious accident with a commercial truck. Our Missouri tractor-trailer accident lawyers are based in St. Louis but serve clients throughout the state of Missouri, as well as those in southern Illinois. If you or someone you love has been seriously hurt by a careless truck driver, don’t sign anything the trucking company gives you -- contact us as soon as possible to learn more at a free, confidential consultation. You can reach us through our Web site or call us toll-free at 1-877-678-3400.

A chain-reaction crash in Southern Illinois left one trucker dead and another in the hospital with non-life-threatening injuries, The Southern reported April 21. The accident happened on Interstate 57 in Franklin County, between Benton and Sesser. According to police, trucker Lawrence Rich failed to slow down in time for stopped traffic in front of him. He crashed into another tractor-trailer driven by Donald Troyer, who was stopped at the time. The collision pushed Troyer’s truck into yet another semi driven by Dale Stumbo, whose truck hit a pickup driven by David Payne.

Fortunately, Payne -- the driver of the smallest vehicle in this southern Illinois trucking accident -- was not hurt in the crash. Stumbo and Troyer were also not seriously hurt, although Stumbo was taken to the hospital for treatment of injuries that were not life-threatening. However, Rich was killed at the scene when the load of metal pipes he was carrying crashed through his trailer and into the cab of his truck. Troyer’s load of computer equipment also caught fire, requiring two hours of efforts from firefighters to extinguish. To deal with the crash safely, law enforcement closed the interstate in both directions for nearly four hours.

As a St. Louis semi truck accident attorney, I would be interested in any information on how the loads involved in this accident were secured. If you have never been involved with the trucking industry, you may not realize this, but there are state and federal laws regulating how trucks’ loads should be secured. Trucking companies and truck drivers must balance the weight of their loads, never load more weight than permitted and secure the goods well enough to avoid a spill during routine maneuvers or a minor accident. When loads spill, they can injure or kill the truck drivers themselves or any of the drivers who happen to be nearby. Securing loads may also be able to prevent spills that cause fires or other hazards to the community, as happened here.

When the people responsible for properly securing loads -- generally a trucking company and the trucker who will haul the load -- fail in that duty and an accident results, victims have the right to hold them legally responsible. A Missouri tractor-trailer accident lawsuit can get victims compensation for their injuries, the loss of a loved one and their pain and suffering. It can also help victims make up for the astronomical costs of a serious truck crash, including medical bills, funeral costs, lost wages and more. If you or someone you love was hit by a large truck in Missouri or southern Illinois through no fault of your own, The Lowe Law Firm can help. To learn more at a free, confidential consultation, please contact our firm online or call toll-free at 1-877-678-3400.

Wet roads sent four people to the hospital and closed Interstate 70 for hours April 20, the Columbia Daily Tribune reported that day. Luckily, no one was killed in the three-vehicle accident, which began when one eastbound car hydroplaned and slammed into another. The impact sent the second car through the median cables and into oncoming traffic, where it hit a semi truck almost head-on. The truck rolled off the road and down an embankment, where it caught fire. The two people inside the truck escaped and were taken to the hospital, along with the two people in the second car. The driver of the first car was unharmed.

As the fire chief quoted in the article said, it is surprising and very fortunate that the people in the second car survived their accident with the truck. Statistically speaking, they are in the minority. According to research from the federal Department of Transportation, head-on collisions accounted for 22% of all accidents with large trucks in 2007, but 45% of all trucking accident deaths. Head-on collisions also accounted for 37% of accidents that caused injuries. The severity of injuries is not reported in these statistics, but in general, trucking accidents leave their victims with serious or even catastrophic injuries, including brain damage, spinal injuries, severe burns and multiple fractures. That’s why it’s so important for victims and their loved ones to speak with a Missouri semi truck crash attorney as soon as possible after the accident.

The fire in this case also interested me, as a Missouri trucking accident lawyer, because the truck’s trailer was carrying household cleaning supplies. Not all household cleaners are flammable, but if these were, improper insulation may have contributed to the length and strength of the fire. In general, trucking companies are legally responsible for any damage caused by trucking accidents, if they caused or contributed to the accident. That includes improperly loading or securing loads as well as failure to provide or maintain safe equipment. In fact, both the trucker and the trucking company often end up as defendants in Missouri tractor-trailer accident lawsuits.

If you or someone you love has been in a serious trucking accident in Missouri or southern Illinois, you should call The Lowe Law Firm as soon as possible. Based in St. Louis and Belleville, Ill., our firm represents people throughout Missouri and southern Illinois who have been seriously hurt by the carelessness of a truck driver or trucking company. We can help you win the money you need to pay medical bills or funeral costs; replace income lost while you cannot work; and compensate you for a permanent disability or the loss of a loved one. To learn more at a free, confidential consultation, please contact The Lowe Law Firm online today or call toll-free at 1-877-678-3400.

Prosecutors have criminally charged the driver of a tractor-trailer with the deaths of three people in last summer’s tragic St. Louis truck crash on Interstate 40. The St. Louis Post-Dispatch reported April 15 that Jeffrey Knight of Alabama is being held in Clayton County Jail on three counts of manslaughter for the deaths of Lydia Miller, Alvin Mast and Charles “Keith” Cason. All three died on July 15, 2008 when Knight’s truck drove into and over ten vehicles that were stopped for other traffic. Fifteen other people were injured, and as I have written here before, at least one suffered a brain injury so serious that he now needs full-time care.

Importantly, Knight was reportedly using his cell phone at the time of the accident. According to the newspaper, Knight told a bystander that just before the accident, he had reached over the dash and flipped open the phone, then looked back at traffic. Shortly after, his 19,000-pound semi plowed into the stopped traffic. The cell phone use may have driven the choice to charge him with involuntary manslaughter, which requires “criminal negligence” -- carelessness so extreme that it rises to criminal behavior. He faces up to 12 years in prison if convicted.

An earlier article in the Post-Dispatch said that Knight and his trucking company faced at least five lawsuits from victims of the crash. That number may go up now that he is also charged criminally in the accident. Victims of serious trucking accidents can and often do file lawsuits, regardless of whether there are also criminal charges in the case. Truck accidents are frequently catastrophic, causing deaths and permanent, severe disabilities such as brain damage and paralysis. These are personally devastating -- but as time goes on, victims and their families begin to realize that they’re also very expensive to treat, particularly if the family has lost an income because of the accident. Filing a Missouri trucking accident claim allows them to sue for the money they need to pay those bills and make ends meet.

Based in St. Louis and Belleville, Illinois, the Lowe Law Firm represents people who were seriously injured in a serious tractor-trailer accident in Missouri or southern Illinois. If you or someone you care about is in this situation, we would like to help. At a free, confidential consultation, our St. Louis semi truck accident attorneys can tell you more about your rights and your legal options. To set one up, please contact us through our Web site or call us toll-free today at 1-877-678-3400.

Prosecutors in southern Illinois are considering criminal charges against the driver of a truck that killed a construction worker last June. According to the Belleville News-Democrat, the victim, Cedric L. B. Gasper, was sitting on the tailgate of parked a pickup truck on Illinois 15 when the tractor-trailer pushed through several construction barricades and rammed the front end of the truck. The crash threw Gasper from the tailgate. Illinois State Police have finished their reconstruction of the accident and will decide by mid-May whether to bring charges against the truck’s driver, who was not identified.

This sad case is a good illustration of the sheer force a tractor-trailer can bring to an accident. Even if the truck was not speeding, it would have outweighed the pickup by several tons. That means it would have brought a substantially greater force to the collision, even if both had been moving. In fact, if the larger vehicle had been speeding, my guess as an experienced St. Louis trucking accident lawyer is that the damage would have been even greater. As it is, the article notes, the force of the crash not only catapulted Gasper out of his seat and killed him, but pushed the pickup into an IDOT truck, which I am glad to see was empty. Since the article doesn’t give details of the accident reconstruction, one can only imagine the circumstances under which a truck driver might plow through barriers into a work zone.

The News-Democrat also reported that Gasper was one of 31 people killed in roadside work zones in Illinois last year. In response, his mother, Ella Mae Hastings, spoke at a news conference last week announcing National Work Zone Safety Week. As a southern Illinois truck accident attorney, I am well aware of the special dangers to people who spend time standing on the side of a busy highway. That doesn’t just include construction workers -- law enforcement, emergency responders, tow truck drivers and even ordinary drivers who happened to break down have all been killed on Illinois and Missouri roadsides.

Based in St. Louis and Belleville, Illinois, the Lowe Law Firm represents people in Illinois and Missouri who have been seriously hurt in a crash with a careless truck driver. Trucking accidents are generally very serious accidents, causing a disproportionate amount of traffic deaths and very serious injuries such as brain damage and paralysis. If you or someone you love is a victim of a truck accident caused by someone else’s carelessness, our experienced Missouri semi accident lawyers can help. To set up a free, confidential consultation, please contact the firm online or call toll-free at 1-877-678-3400.

A tanker truck carrying a load of liquid nitrogen for fertilizer crashed in Belleville, Ill. March 6, the Belleville News-Democrat reported. The truck’s driver was delivering the fertilizer to his son’s farm, the newspaper said, when he made a left turn and slid into a ditch. The driver was seriously injured and had to be airlifted to a St. Louis hospital, the article said. The tanker also spilled a small amount of its liquid nitrogen load, which required a hazardous materials team to clean up and transfer to a new tank.

Fortunately, the article said the spill was small and posed no threat to the public. But liquid nitrogen, a common fertilizer ingredient, required a hazmat team because it can pose a serious threat when it’s not controlled. Liquid nitrogen can displace the oxygen in the air around it, which means nearby oxygen levels can drop so low that human beings could asphyxiate. Because it is very, very cold, people should also never touch it without safety equipment. And under some circumstances, it explodes easily -- an accident with pressured liquid nitrogen blew a tank through the roof of a building at Texas A&M University in 2006.

This southern Illinois truck accident is a good example of how even a one-vehicle accident can pose a threat to the people nearby. And according to research from the Federal Motor Carrier Safety Administration -- the federal agency that regulates interstate trucking -- trucks carrying loads designated as hazmat are more dangerous in an accident than other trucks. The agency found that 11% of all truck loads are hazardous materials -- and more than three-quarters of all trucks carrying hazmat loads are carrying flammable liquids or gases. Trucks carrying hazmat crashed at about the same rate as other trucks -- but they were three times as likely to have a rollover accident, 50% more likely to have a cargo spill and more than three times as likely to catch fire after an accident.

Based in Belleville and St. Louis, the Lowe Law Firm represents clients in southern Illinois and all of Missouri in trucking accident lawsuits. The St. Louis trucking accident lawyers can help people who sustained serious injuries or lost a loved one recover the money they need to pay accident-related costs, make ends meet after a loss of income and compensate them for a loss in the family or permanent disability. If you are in this situation, we can help with a free, confidential consultation on your case. To set one up, please contact us online or call us toll-free at 1-877-678-3400 today.

A tractor-trailer truck overturned on the Poplar Street bridge in St. Louis March 4, the same day another truck driver was acquitted in an unrelated fatal truck accident on the same bridge. The St. Louis Post-Dispatch reported that the tractor-trailer crashed into a ramp on the bridge and overturned before 9 a.m., getting stuck between two parts of the bridge. Emergency workers had to close the bridge for most of the day to free the truck, reopening it by 4:30 p.m. The truck driver was not hurt.

Elsewhere in St. Louis, the newspaper said, the driver of another tractor-trailer was acquitted of criminally negligent involuntary manslaughter for the death of his passenger in a 2006 St. Louis truck accident. The truck driven by Paramjit Singh Grewai in that accident skidded off the ramp and fell 60 feet, killing the passenger, Harbinder Singh, and seriously injuring Grewai. Law enforcement argued that he was driving erratically -- he had been on the road for 16 hours straight -- when he approached the bridge. Grewai himself testified that his brakes malfunctioned. The judge in the case didn’t believe him, but said his actions didn’t amount to criminal negligence.

As a St. Louis tractor-trailer accident lawyer, I can’t help but notice that these accidents took place in the same stretch of road. In fact, the last paragraph of the article on Grewai notes that MoDOT, in response to concerns about trucks speeding on the ramp, installed a retaining wall, flashing lights and signs setting a speed limit of 20 mph. The article on the more recent accident said police believed the truck driver had been driving too fast before the crash. Since both of these accidents took place after the new safety measures, it seems clear that speed is still a problem on the Poplar Street bridge.

I am not a traffic engineer, although of course I am interested in traffic issues because of my work as a Missouri semi truck accident attorney. However, if a truck accident is caused by roads where authorities know or should know there’s a clear hazard, victims may be able to hold those authorities liable for any accidents they fail to prevent. Accidents caused by defective roadways are relatively rare, but they do happen. When they do, it’s important to enlist help from an experienced truck accident lawyer to ensure that you don’t get lost in the maze of additional deadlines, bureaucracy and rules you must follow when suing a government agency.

The Lowe Law Firm is a St. Louis and Belleville, Ill. law firm specializing in helping victims of serious Missouri and Illinois truck crashes recover the money they need to get medical care, make ends meet and compensate for a disability or a death in the family. If you are in this situation, we can help. To set up a free, confidential consultation, please call toll-free at 1-877-678-3400 or contact us through our Web site.

U.S. Route 65 was closed for about three hours between Ozark and Springfield due to a Missouri trucking accident, the Springfield News-Leader reported March 5. The highway was closed after a tanker truck carrying a load of ammonium nitrate had a one-vehicle rollover accident, later determined to have been caused by a blown tire. The truck’s driver sustained serious injuries and was taken to the hospital. The truck itself wound up in the highway’s median, but authorities closed the entire road in both directions because of concerns about hazardous material spills. Fortunately, the only leak they found was antifreeze.

Ammonium nitrate is most commonly used as a fertilizer. But it was a serious concern for the Springfield accident responders, because it can be highly volatile when mixed with fuel or fire. In fact, the article said, the truck was carrying 500 gallons of diesel fuel along with its 24,000 pounds of ammonium nitrate. Together, these are the two main ingredients in “fertilizer bombs,” improvised explosives such as that used in the 1995 Oklahoma City bombing. Ammonium nitrate can also explode when it’s set on fire in a confined space, a distinct possibility in a serious Missouri trucking accident.

Accidents with large trucks carrying hazardous materials can pose a serious threat to the people around, even when the accident doesn’t involve any other vehicles. Hazmat trucks don’t crash any more often than other trucks, but when they do crash, they carry a greater risk of injuring bystanders and the community at large. According to the Federal Motor Carrier Safety Administration, the government agency that licenses and regulates truckers, hazmat trucks spilled their cargo 50% more than other trucks between 1991 and 2000. Tankers like this one were by far the most likely to spill of any body type. During that time, contact with the hazmat -- not the truck itself -- killed an average of 12 people a year.

Judging by the article, this Missouri truck accident may have been caused solely by a tire that was poorly maintained or defective to begin with. If that’s the case, the trucking company for maintaining safe equipment could have been held responsible for any deaths and injuries that resulted. Trucking companies, and independent truckers, are legally liable for injuries in any truck accident caused by their own carelessness, including carelessness with equipment as well as poor driving decisions. Victims who were seriously hurt or lost a loved one as a result have the right to sue them for compensation for their financial, physical and emotional losses.

If you or someone you love has been hurt in a trucking accident in Missouri, the Lowe Law Firm would like to help. Based in St. Louis and Belleville, Ill., the firm represents clients in Missouri and southern Illinois who have been seriously hurt by a trucking company’s or truck driver’s negligence. To set up a free consultation about your case, please contact us today.

A Canadian trucking company is suing the State of New Hampshire, alleging that the state’s Department of Transportation is responsible for a fatal trucking accident because it failed to sand or salt an icy road. According to the Claims Journal, an insurance industry publication, a tractor-trailer was traveling along Interstate 93 when it jackknifed, running into a family’s van and killing a six-year-old boy inside. The trucking company, Fidele Tremblay of Quebec, settled a trucking accident lawsuit brought by the boy’s family for $2.5 million.

However, the company alleges in its lawsuit against New Hampshire that the state didn’t respond to at least eight calls from state troopers, requesting salting or sanding for the highway. In a deposition, a trooper called to the scene said he couldn’t stand or walk on the road, but had to “almost skate” to keep from falling. Other state troopers testified that they regularly complain about the lack of salt or sand in the area where the accident occurred.

Weather and poor roadway maintenance are relatively rare causes of trucking accidents, but they can certainly be a cause. That’s particularly true in the winter, when storms can add layers of treacherous ice to our highways. Here in Missouri, and throughout the Midwest, we’ve already lived through several storms this winter that caused a rash of serious traffic accidents. The state, local and federal governments that maintain our roads have a responsibility to take reasonable care for the public’s safety, just as drivers must take reasonable care around one another.

When government agencies fail in that responsibility, they’re liable for the results of their actions, just like a careless driver would be. In my practice as a Missouri trucking accident lawyer, I thoroughly investigate fault in trucking accidents, including the possibility that a government agency may be at fault. Using technical evidence from inside the truck and physical evidence from outside, it’s possible to establish where and how a slide started, the role a heavy load played and many other factors that could be important in a Missouri truck crash lawsuit.

In order to hold a government agency responsible for a crash, victims may have to follow special procedures and meet very tight deadlines. Experts recommend that they get help from an experienced trucking accident attorney. At the Lowe Law Firm, we offer free consultations to people who were seriously injured by a semi truck accident in Missouri or Southern Illinois. If you believe your family has a claim, you can contact us today through the Internet or call us toll-free at 1-877-678-3400.

The Johnston City Fire Department will cover the costs of multiple minor accidents caused by a dropped fire hose, the Southern Illinoisan reported Feb. 4. The truck dropped 1,000 feet of hose on Interstate 64 near Centralia, the paper said, on its way to Freeburg for maintenance. The hose caused a 10-car pileup behind the truck, but all of the damage was minor, fortunately. Johnston City’s fire chief apologized and said the city’s insurance carrier would cover the damage, although he did not have a cost estimate at the time.

A dropped fire hose sounds like a joke, but we’re lucky it didn’t cause a more serious accident. One thousand feet of empty fire hose can weigh hundreds of pounds, which would have a real effect if it all hit a vehicle at once. Perhaps more importantly, dropping anything on a freeway at high speeds could cause an accident, simply because other drivers might have to take evasive action. When they see an object flying toward them, drivers might also be tempted to overcorrect.

Fire trucks aren’t the trucks most people think of when they think of accidents with large trucks -- but they’re involved in a surprising amount of accidents, considering that they are driven by professionals. According to research by the University of Michigan, traffic collisions are one of the biggest occupational risks for firefighters, causing an average of 21 deaths and 1,076 injuries every year. However, as with large commercial semi trucks, the majority of those deaths -- 15 out of 21 -- are the deaths of people in other vehicles. Like 18-wheelers, fire trucks far outweigh passenger cars and trucks, making them deadly in an accident.

The Lowe Law Firm handles all types of truck accidents, from serious tractor-trailer jackknife accidents to collisions with municipal and local trucks. Our experienced Missouri trucking accident lawyers understand the complicated physical, legal and medical problems posed by a serious truck accident and will represent you thoroughly and aggressively in any trucking accident lawsuit. Based in St. Louis and Belleville, Ill., we represent clients throughout Missouri and southern Illinois. To set up a free consultation on your case today, you can contact us online or call toll-free at 1-877-678-3400.

A truck driver was sentenced to 20 years in prison for causing an Illinois accident that killed two people, the Muncie Star-Press reported Jan. 31. Robert Whitney, most recently of Albany, Ill., was driving a tractor-trailer without a license and under the influence of drugs in mid-2006 when he fell asleep at the wheel. He crashed into a guardrail and came to a stop blocking lanes, causing a traffic pileup. Another trucker was unable to stop in time and crashed into the stopped traffic, killing himself and a 15-year-old girl from Michigan, who was in one of the stopped cars with her family.

This was the third fatal accident involving Whitney. In 1985, according to the paper, he was acquitted of criminal recklessness in a boating accident that killed a 12-year-old boy. Later, in 2001, the truck driver pleaded guilty to hitting a Chicago man with his truck while intoxicated, then leaving the scene of the accident. The judge in that case suspended Whitney's driving privileges for life. However, the Indiana Bureau of Motor Vehicles, which said it wasn't informed of the suspension, issued him a license when he was released from prison in 2005. Another report says that Whitney was on parole for that violation during the 2006 accident, during which he had been driving for 40 hours straight with only a pair of two-hour breaks.

Sleep deprivation is such a common problem among truck drivers that it's almost a cliché for Midwestern truck accident lawyers. Long-haul truckers and their trucking companies are sometimes forced to take a reduced payment if they don't make their deliveries on time. That's true regardless of weather, traffic or other delays that could pose special safety concerns for ten-ton trucks. Under financial pressure from clients and dispatchers, some of these truck drivers go without sleep -- or, worse, turn to drugs to help them stay awake. A much smaller group of truckers also uses drugs or alcohol chronically, simply because they are addicted. In either case, this is dangerous and unacceptable behavior that puts everyone on the roads around them at risk of death, severe burns, paralysis and other catastrophic injuries.

When truckers like this one cause serious accidents with their own carelessness, they and their trucking companies are legally responsible for all of the results -- physical, emotional and financial. In addition to, or instead of, bringing criminal charges, victims of serious trucking accidents have the right to bring a southern Illinois semi truck accident lawsuit for compensation for the loss of a loved one, a permanent disability and other injuries, as well as all of the financial costs of the accident.

The Lowe Law Firm represents victims of serious trucking accidents in Missouri and southern Illinois. If you believe you have a case and you'd like to know more about your options, please contact us online as soon as possible or call us at 1-877-678-3400.

Two people were killed Jan. 16 when their pickup truck overturned and was struck by a big rig truck, which also rolled over. According to the News-Leader of Springfield, the victims were on Interstate 44 east of Joplin around 4:35 a.m. when the driver lost control of the pickup, which overturned. When their truck came to rest in a driving lane, a tractor-trailer struck it from behind and also rolled over. The occupants of the pickup died; the truck's driver was not hurt.

As a Missouri large truck accident attorney, I know it can be difficult to stop a vehicle as heavy as a tractor-trailer quickly. But in general, many drivers don't realize that a rear-end accident with a truck is very dangerous. Many of us think of rear-end accidents as minor accidents, and that's often true when the vehicles are traveling slowly and have about the same weight. But with high speeds and mismatched vehicles, it's a different story. Federal accident statistics don't specifically track rear-end accidents involving trucks, but they do say that 15% of fatal truck crashes in 2007 started when another vehicle hit the back of the truck. For passenger cars and trucks, that rate is 2% to 2.6%.

A staggering 45% of trucking accident fatalities in the same year started with an impact to the front of the truck, which includes (but isn't limited to) accidents in which the truck rear-ended a passenger vehicle. All crashes can be dangerous if they happen at high speeds or among vehicles with substantial height and weight differences, as happened here. But rear-end accidents are particularly dangerous because the point of impact can whip victims' heads around, leading to serious neck injuries. A 2003 study by the General Insurance Association of Japan found that 77% of injuries in rear-end accidents -- the vast majority -- were neck injuries.

At their most serious, neck injuries can lead to death or permanent damage to the spinal cord, which means lifelong paraplegia, quadriplegia or other forms of paralysis. This is always a tragedy, but when it's caused by someone else's careless driving or law-breaking, it is also a form of negligence allowing victims to sue for the costs of the injury. In a Missouri trucking accident lawsuit, victims and their families can win the money they need to pay accident-related medical and other bills; make ends meet when victims cannot work; and compensate them for a lifelong disability or the permanent loss of a loved one.

The Lowe Law Firm represents semi accident victims throughout Missouri and southern Illinois -- and we offer free evaluations of potential clients' cases. If you'd like to speak with us about your own case and your options, please contact us today.

For the second time in just over a month, a passenger train has hit a vehicle across the tracks in Macoupin County, Ill. According to the St. Louis Post-Dispatch, the Chicago-bound train hit a garbage truck that was on the tracks just north of Carlinville, in southern Illinois, early on Jan. 15. Nobody on the train was seriously hurt, according to the paper, and the garbage truck's driver did not appear to have life-threatening injuries. However, the truck was destroyed, with the frame carried three-quarters of a mile down the tracks from the cab and driver. The accident came just over a month after a Dec. 8 trucking accident between a semi and an Amtrak passenger train near Brighton, Ill. No one was seriously hurt in that accident, but the train derailed and nine people were treated at local hospitals.

According to federal railway statistics, cars and trucks parked on the tracks are one of the most common causes of train accidents. Authorities ultimately attribute most of them to bad decisions by the vehicle's driver -- often a dangerous attempt to beat the train and avoid waiting for it to pass. Two accidents in the same area within such a short period of time might be an unpleasant coincidence, but they might also be a sign that there's something wrong with railroad crossing signals in southern Illinois, or of safety problems with the trains themselves.

These are important considerations, because passenger cars have very little chance in a serious Missouri car wreck with a train. Trains regularly operate at speeds of 70 mph, as the article notes this one did, and have a hard time stopping. They are also very heavy -- even heavier than semi trucks -- and in a collision, all of that weight becomes force that's brought to bear on the car. The resulting crash is likely to destroy the vehicle, just like this crash did to the garbage truck, and cause wrongful deaths or very serious brain trauma, spinal damage or other permanent disabilities for the people inside.

Those injuries are always a tragedy. But if it turns out that the train company or local transit authorities could have prevented them by taking a little more care, those organizations may also be legally liable in a southern Illinois car wreck lawsuit. In a lawsuit, victims and their families can win the money they need to pay steep medical bills caused by the accident; make ends meet while victims are out of work; and compensate them pain, suffering, disability or the loss of a loved one. The Lowe Law Firm represents people who were seriously injured in auto accidents throughout southern Illinois and Missouri. If you believe you have a case and you'd like to know more, you can contact our firm for a free consultation.

More than a dozen vehicles were involved in a chain-reaction accident on westbound Interstate 70 near Warrenton, about 50 miles west of St. Louis, Missouri on December 23, 2008. As reported by the St. Louis Post-Dispatch, the accident claimed the life of one motorist, Edwin W. Sargent, when he was struck by an out-of-control tractor trailer.

Edwin Sargent, 50, of Mill Spring, N.C., survived the initial crash. Sargent’s Toyota Camry had slid off the icy interstate and struck a Chevrolet that had already slid into the median and hit the cable barrier. Soon after Sargent and the driver of the Chevrolet exchanged information and took cell phone photos of the damage, two tractor-trailers came over a hill near the crash.

The drivers of the tractor-trailers lost control, and the two trucks smashed into each other. One truck flipped around and slid along the median, its rear tires on westbound I-70 and its front tires on eastbound I-70, striking and killing Sargent.

The driver of the Chevy, who was not identified, had gotten back into his car but was also seriously injured when the out-of-control tractor trailer struck his vehicle. Others were also injured.

From a legal perspective, Missouri law provides that “[e]very person operating a motor vehicle on the highways of this state shall drive the same in a careful and prudent manner, and shall exercise the highest degree of care, and at a rate of speed so as not to endanger the property of another or the life or limb of any person”. R.S. Mo. 304.010. Missouri courts have held that “whether speed is excessive ordinarily depends upon the condition of the highway and surrounding circumstances”. Wolfe v. Harms, 413 S.W.2d 204, 210 (Mo. 1967).

This accident demonstrates why tractor trailer drivers should exercise the highest degree of care while driving their rigs, which may weigh in excess of 80,000 pounds. While the collision between Sargent’s Toyota Camry and the other driver’s Chevrolet resulted in a mere fender-bender on the icy road, the out-of-control tractor resulted in a tragic fatality.

In cases where trucking accidents cause serious harm or death, victims have the right to sue the people or organizations at fault for the accident. In an Illinois or Missouri trucking accident lawsuit, victims can claim payment for the financial costs of the accident, such as medical bills, and compensation for serious injuries, disabilities and any wrongful death.

The Lowe Law Firm represents victims of commercial truck accidents throughout Missouri and southern Illinois. Located in St. Louis and in Belleville, Ill., our experienced trucking accident lawyers can help you pinpoint who was at fault for the accident, protect your rights from any wrongdoing by lawyers for the other side and prove your case in a court of law (if necessary). If you would like to know more, you can contact the Lowe Law Firm online or call us toll-free at 1-877-678-3400.

Investigators into a multi-car trucking accident on Highway 40 say the truck driver was using a cell phone at the time of the wreck, the St. Louis Post-Dispatch has reported. According to the paper, the driver admitted to investigators that he was reaching for and opening his phone before his truck hit a line of vehicles at the junction with Interstate 270. He may also have told a witness that he was using the phone and apologized, the paper reported.

The investigations are not yet complete, but a spokeswoman for he Missouri Highway Patrol said the investigation has already found "several violations." The truck driver may be criminally charged when the Missouri Highway Patrol turns the case over to the St. Louis County prosecutor's office. The crash killed three people and left 15 others injured, some quite seriously. At least five Missouri truck accident lawsuits have already been filed, along with another trucking accident claim in southern Illinois. The article starts with a story of one of the survivors of the crash, a man who suffered severe brain trauma when his Toyota Camry was crushed by the tractor-trailer. The man, 53, now lives in a nursing home and depends on a feeding tube to survive.

Unfortunately, this kind of horrific injury is not an unusual outcome for a serious commercial truck accident. As we have mentioned before on this blog, trucking accidents can be very serious because the much greater weight of the truck can literally crush a car, pickup or SUV. This can cause very serious injuries to the vehicle's occupants, including serious brain injuries like this one, paralysis, severe burns and even wrongful deaths. And that means everyone on the road runs serious risks when truck drivers (and trucking companies) make even one serious lapse in judgment. Government agencies set strict rules for the trucking industry because they understand those dangers. But all too often, trucking companies and truckers break those laws to save a little money, make their deliveries on time or just to make a phone call.

When carelessness or law-breaking by truckers leads to deaths and serious injuries, the victims can and should hold them responsible by filing a legal claim. In a St. Louis trucking accident lawsuit, victims can win payment of their medical bills and other financial outlays caused by the accident; make up for a lost income; and win compensation for a premature death or lifelong disability. At the Lowe Law Firm, we represent truck accident clients in both Missouri and southern Illinois. If you would like to speak with our experienced trucking accident lawyers about your case at a free consultation, please contact us online as soon as possible.

A truck driver who was involved in a deadly highway pileup in St. Louis last summer admitted to a Missouri Highway Patrol investigator that he was distracted by a cell phone before he ran into a line of 10 cars, the St. Louis Post-Dispatch reports.

On July 15, 2008, Jeffrey R. Knight was driving a tractor-trailer loaded with scrap aluminum. Knight was traveling on Highway 40, just before the Interstate 270 exchange, when he reached for his cell phone.

“I reached across the dash to get my cell phone. I flipped the phone open, looked back at traffic, and I was there right at the last car (in the line of cars stuck in traffic). I didn’t see any brake lights or emergency flashers. After I hit the first car, I just remember holding the steering wheel and seeing cars going to my left and right.”

The article also states that the truck driver apologized to a nurse who stopped at the accident scene and said the accident probably would not have happened if he had not been on his cell phone.

Three people were killed in the pileup and 15 were hurt, including Mark Tiburzi, a 53-year-old who suffered severe brain trauma and now lives in a nursing home.

The Highway Patrol hopes to turn the case over to the St. Louis County prosecuting attorney’s office by early February to determine if charges should be filed.

Although a report compiled by the Highway Patrol officer at the scene has not been completed, a 140-page report prepared by the accident reconstruction team is done.

The accident scene provides many clues to the events leading up to the crash. Along with the black-box and GPS data, accident reconstructionists review eyewitness statements, skid marks, and the positions of the vehicles after the crash to answer the question of fault. Because this evidence can be destroyed, it is important to contact a lawyer as soon as possible after an accident.

The lawyers of The Lowe Law Firm are experienced in helping the victims of truck 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 Missouri/Illinois trucking accident lawyers at The Lowe Law Firm today at 877-678-3400.

A grandmother and her grandchild in central Missouri ended up in the hospital after a crash with a large truck, the Daily Guide of Waynesville reported. This was actually the second truck accident to happen Dec. 3 along the eastbound side of Interstate 44. In the first accident, a semi truck jackknifed, blocking both lanes but causing no injuries.

To avoid that crash, Verne Massey of St. Robert pulled over to the side of the road, with her grandchild, Page Massey, in the car. As they waited, a second semi slipped on water in the road and slid into their Ford Escort, knocking it off the road and into a rock bluff. Fortunately, the Masseys were not seriously hurt, although they were taken to the hospital, and the truck driver was unharmed. However, their car was totaled, according to the article.

This accident is a good example of the unfair but very real physics affecting an accident between a large truck and a passenger car. A truck can weigh 80,000 pounds or more; a Ford Escort weighs about 2,500 pounds. Because the force each vehicle brings to an accident is determined by its weight, this severe mismatch means the truck can do serious damage to a car in a truck-car collision.

For the people inside, this can mean death or very serious injuries, including severe burns, spinal damage and head injuries. In fact, the vast majority of trucking accident fatalities are the deaths of people outside the truck -- occupants of passenger vehicles, pedestrians, cyclists and others. Statistics from the federal Department of Transportation show that just 6% of deaths in multi-vehicle truck crashes in 2007 were the deaths of the truckers themselves.

Unfortunately, the laws of physics don’t care who was actually at fault for the accident. Even if the victims are properly stopped in an emergency lane, like the victims in this accident, they’re still susceptible to very serious injuries in a crash with a tractor-trailer. That’s why federal law, and the laws of Missouri and Illinois, strictly regulate who may drive a large truck and how. When truck drivers break these laws and a death or serious injury results, victims the trucker and his or her trucking company are legally and financially responsible.

The Lowe Law Firm has helped many victims collect compensation for the financial costs of their accidents, such as repairs and hospital bills, as well as compensation for a permanent disability or a loved one taken too soon. Based in St. Louis and Belleville, Ill., we represent clients throughout Missouri and southern Illinois. If you or someone you love is a victim of a trucking accident and you’d like to learn more about your rights at a free consultation, please contact us online today.

A man was injured when a truck’s tire came loose and struck him during morning rush hour, Minnesota’s WCCO reported.

The station said a tire came off a dump truck on Interstate 35W during morning rush hour Dec. 5, hitting the man’s car. The highway was closed to allow a medical helicopter to take the victim to a hospital. Fortunately, the report said his injuries weren’t life-threatening. However, it noted that a similar accident in the spring, involving two tires that fell off a garbage truck, did kill a man. Generally, the article said, the results of a large truck losing a tire at highway speeds are much more serious.

A 2007 study by the federal agency responsible for regulating interstate trucking, the Federal Motor Carrier Safety Administration, looked at the causes of accidents involving large commercial trucks (also called semi trucks, tractor-trailers and 18-wheelers). According to that study, vehicle-related problems were the immediate reason for 10% of crashes; tire or wheel failure specifically was the immediate reason in 1%. Other equipment problems that were believed to be accident causes included cargo shifts (4%), degraded brakes (3%) and outright brake failure (1%).

While driver-related problems are still far more likely to be the cause of a trucking accident, equipment failure does happen. Because of this danger, strict regulations apply to maintenance and inspection of large trucks. Unfortunately, some trucking companies choose to ignore these laws, in order to save money by skimping on maintenance. This irresponsible behavior puts everyone at serious risk: The truck’s driver, its cargo and every innocent driver around them.

When trucking companies or truckers cause an accident like this one through carelessness or deliberate wrongdoing, and someone is hurt as a result, victims have the right to hold them legally responsible. The Lowe Law Firm represents clients who have been very seriously hurt or lost a loved one in southern Illinois or Missouri trucking accidents. If you’re in this position and you’d like to learn more about your legal options, you can contact our firm online or call us at 1-877-678-3400 for a free consultation.

A train derailment caused by a stopped truck on the tracks sent nine people to the hospital, the St. Louis Post-Dispatch reported.

The semi truck accident took place in Macoupin County, in southern Illinois, late in the morning of Dec. 8. The train was an Amtrak passenger train heading to St. Louis from Chicago. According to a spokesman, the train came upon a tractor-trailer truck obstructing the tracks north of Brighton, Ill. The ensuing crash derailed four cars and nine people, including the train’s engineer, were taken to local hospitals. Fortunately, the truck’s driver had already gotten out of the truck and was not hurt, and none of the train’s passengers or crew was seriously injured.

Accidents between trains and trucks are relatively rare. Most of my practice as a Missouri trucking accident lawyer focuses on accidents between cars and trucks, which are both more common and much more serious, because of the huge difference in weight between a passenger car and a multi-ton commercial truck. As this accident shows, the weight difference doesn’t work in the train passengers’ favor because the accident can cause a derailment, which throws passengers around violently in the same way that a rollover accident in a car would (only without seatbelts or airbags). In either case, victims run the risk of a head injury, spinal damage or other serious injuries that can mean death or permanent disability.

Fortunately, nobody involved in this accident suffered a serious injury or death. But in cases where a trucking accident does lead to serious harm, victims have the right to sue the people or organizations at fault for the accident. In an Illinois or Missouri trucking accident lawsuit, victims can claim payment for the financial costs of the accident, such as medical bills; and compensation for serious injuries, disabilities and any wrongful death.

At the Lowe Law Firm, we handle commercial truck accidents throughout Missouri and southern Illinois. Located in St. Louis and in Belleville, Ill., our experienced trucking accident lawyers can help you pinpoint who was at fault for the accident, protect your rights from any wrongdoing by lawyers for the other side and prove your case in a court of law (if necessary). If you’d like to know more, you can contact the Lowe Law Firm online or call us toll-free at 1-877-678-3400.

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.

The parents of a 19-year-old college student who was killed when the car she was riding in was struck by a truck hauling sound equipment for a reality dating show have filed a wrongful death lawsuit, the Associated Press reports.

On Sept. 26, truck driver Dennis Hernandez was hauling equipment for the “Rock of Love Bus” reality series when he allegedly fell asleep at the wheel, crossed the center line and crashed into a car driven by St. Louisan Yasmin Jackson, 19. The collision killed Jackson and her passenger, Kevetta Davis, a 19-year-old from Chicago.

Both were students at Southern Illinois Univeristy Carbondale. They were headed to St. Louis for a weekend visit to Jackson’s home. The accident occurred on Interstate 57 southern Illinois.

Kevin and Brenda Davis, the parents of Kevetta, filed suit in Cook County Circuit Court against Viacom, VH1, 51 Minds Entertainment and Dennis Hernandez, the truck driver. The suit claims Davis died as a result of carelessness by Hernandez.

Anyone who is injured or has had a close relative killed in a truck accident may sue if the accident was caused by the carelessness of another. Close relatives who may bring a wrongful death suit include the spouse, parents, and the children of the victim. If the children are still minors, the suit may be filed through a guardian or parent.

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.

A college student who was driving home to visit her family for the weekend was killed by a truck driver who fell asleep behind the wheel, the St. Louis Post-Dispatch reports.

Yasmin S. Jackson, a 19-year-old sophomore at Southern Illinois University Carbondale, was headed north on Interstate 57 in Southern Illinois at about 5 p.m. last Friday. She was on her way to her suburban St. Louis home. Riding in the car with her was friend and classmate, Kevetta C. Davis, 19.

Dennis D. Hernandez, 38, was hauling sound equipment for Bret Michaels, a VH1 eality star and former lead singer of the band Poison. The truck was on its way to Texas for filming of his show, “Rock of Love Bus with Bret Michaels.”

Hernandez fell asleep, crossed over the interstate and crashed into Jackson’s sport utility vehicle. The truck also slammed into a pickup, seriously injuring William B. Wiley, 63 a, and Colleen N. Wiley, 59.

According to the Post-Dispatch, Hernandez was driving on a suspended license at the time of the accident. He only suffered minor injuries in the crash.

The average car weighs approximately 3,500 pounds, whereas a large commercial truck can weigh as much as 80,000 pounds when loaded. According to the National Center for Statistics and Analysis, truck drivers account for only about two of every 10 injuries or deaths stemming from crashes in which a truck comes into contact with a car or motorcycle. Bystanders, bicyclists and individuals riding in other vehicles make up the remaining eight of every 10 crash victims. In 2006, accidents involving large trucks claimed 130 lives in Missouri and 157 in Illinois.

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.

The National Transportation Safety Board revealed this week that a trucker who failed to use his off-duty time to rest and then fell asleep behind the wheel was the cause of a crash that killed five people.

The deadly collision occurred on Oct. 16, 2005 just before 2 a.m. The tractor-trailer was traveling westbound on Interstate 94 in western Wisconsin when the driver fell asleep. The truck ran off the road, re-entered the highway and then overturned.

In the nighttime, low-light conditions, the driver of a 55-passenger bus carrying members of the Chippewa Falls High School marching band, teachers and chaperones failed to see the overturned truck and slammed into the semi.

The bus driver and four passengers were killed. Thirty-five passengers on the bus suffered minor to serious injuries. The truck driver suffered only minor injuries.

The NTSB stated that if the truck had been equipped with fatigue-detecting technology, the accident might have been avoided.

What is also clear is that if the truck driver had been responsible and used his down time to sleep, five people would be alive today.

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.

As an accident last week in Texas demonstrates, hauling unstable cargo can have disastrous consequences.

On Sept. 3, a Ford F-150 pickup truck was hauling a dump truck attached to a trailer. According to the McKinney Courier-Gazette, the dump truck was unstable and caused the pickup driver to lose control. He swerved and ended up across both lines of southbound U.S. 75 – and into the path of an oncoming semi.

The driver of the 18-wheeler braked suddenly to avoid a crash. However, the abrupt braking caused the semi to swerve, sideswipe two other cars and overturn. It ended up perpendicular across the highway, creating a barrier for oncoming traffic.

Approximately 70 to 80 gallons of diesel fuel were spilled out onto the highway and firefighters had to clamp a punctured fuel line on the tractor-trailer. In addition, the semi was hauling a large cargo of free-standing fireplaces which had to be removed before the highway could re-open.

Fortunately, there were no serious injuries.

The news report did not indicate whether the fireplaces were secured properly. However, federal regulations require commercial drivers to “firmly immobilize” cargo so that it cannot shift while in transit.

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.

The scene of a deadly tractor trailer crash on a major St. Louis highway was a motorist’s nightmare. A tractor-trailer that didn’t slow down for a line of cars stopped in highway traffic mowed down everything – and everyone - unlucky to be trapped in the semi’s path. When the truck finally came to a stop, sixteen people had been injured and two were dead.

That was the scene in St. Louis on July 15. The St. Louis Post-Dispatch reports that trucker Jeffrey R. Knight of Muscle Shoals, Ala. barreled into a line of cars caught in stop-and-go traffic on eastbound Highway 40 just west of Interstate 270. Left in the wake of the big rig were nine wrecked cars.

Traffic camera monitors broadcast the accident to employees at the Missouri Department of Transportation’s traffic command center, note reporters Greg Jonsson and Leah Thorsen in the article titled “He kept…hitting cars.” The cameras didn’t tape the accident, but that shouldn’t hinder the accident investigation.

“Nothum said authorities ‘have a very good idea of what took place before the crash and why it happened, but said it wouldn’t be prudent to disclose the likely cause until the investigation was finished. He said authorities would meet today with prosecutors to discuss possible charges.”

According to the Federal Motor Carrier Safety Administration’s Large Truck Causation Study, inattention, distraction and failure to keep a careful lookout were to blame for 29 percent of fatal accidents involving trucks. Poor decision-making, such as driving too fast for the conditions, following too closely, performing an illegal driving maneuver, or aggressive driving accounted for 38 percent of the accidents.

Last month, one person was killed and four others were injured when a dump truck crashed into a parked bus in Chinatown. Now, the president of the New Jersey business that owns the dump truck is facing criminal charges, the New York Times reports.

In “Charge Filed Against Chief of Truck Firm After Crash,” reporter Al Baker writes that 30-year-old Osleivy Gomez, the president of C.P.Q. Freight Systems, was arraigned on July 1 in Manhattan Criminal Court. Osleivy was charged with unlicensed collection of trade waste, a misdemeanor.

The truck’s driver, Alejandro Fallo, picked up a load in Brooklyn and was bound for a dump in New Jersey. However, the truck was not registered to pickup construction and demolition debris in New York City.

The dump truck also received eight citations from the New York Department of Transportation, five of which were serious enough to have the dump truck immediately removed from service.

The charge is a step in the right direction. Companies should know that if their drivers are involved in fatal accidents, there is a chance that both criminal sanctions and civil wrongful death lawsuits may follow.

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.

Tractor-trailers are loaded with hi-tech devices. Computers, on-board data recorders, electronic logging devices and GPS systems can track speed, hard-braking and maintenance.

As Lawyers Weekly USA reporter Sylvia Hsieh points out in, “Tech devices leave trail of evidence in trucking litigation,” the information is a boon for lawyers who represent truck crash victims.

But it also means that trucking litigation has become much more specialized. A lawyer who treats a case involving 18-wheeler as if it were one involving a really big car is flirting with malpractice.

An experienced trucking accident lawyer knows what devices are used on trucks, how to mine the data from the sophisticated devices and how to turn that information into evidence. Therefore, victims injured in an accident involving an 18-wheeler - or those who have lost a family member as a result of a trucking accident - should hire a lawyer who has successfully handled trucking litigation cases in the past.

The article also highlights the importance of hiring an experienced lawyer quickly. A delay in retaining a lawyer could mean that evidence is lost.

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.

A truck driver who fell asleep behind the wheel of his semi and killed seven children has been sentenced to seven years in prison -- one year for each child, The Florida Times-Union reports in an article written by Paul Pinkham.

In January 2006, Alvin Wilkerson was 25 miles into an 85-mile trip hauling bottled water for Crete Carrier Corp. when he slammed into the back of a van that was stopped behind a school bus. He had been awake for nearly 34 hours and fell asleep while driving.

In the van were the 15-year-old driver, Nikki Mann, her siblings, Elizabeth Mann, 15, Johnny Mann, 13, and Heaven Mann, 3; two cousins, Ashley Keen, 14, and Miranda Finn, 10; and the Manns’ foster brother, Anthony Lamb, 20 months.

Both the van and tractor-trailer rammed into the school bus. The van burst into flames and killed everyone inside. Ten children on the school bus were also hurt, some severely.

Wilkerson was charged with seven counts of vehicular homicide and 10 counts of misdemeanor culpable negligence.

State Attorney William Cervone of Gainsville said that the conviction may be the first case in Florida where someone went to prison for falling asleep behind the wheel.

Cervone also indicated that the prison sentence doesn’t end the pursuit of justice in the case. Wilkerson has already discussed his sleep deprivation with prosecutors.

Assistant State Attorney Geoffrey Fleck added:

“We’re hoping that this will send a message to the trucking companies that if they drive sleep-deprived drivers, they could be not only civilly but criminally liable.”

That message is vital. Companies that pressure truckers to break the hours-of-service rules put the lives of innocent men, women and children at risk. Those companies should have to face criminal charges.

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.

A trucker who crashed her semi and spilled aluminum onto an interstate in Nashville was arrested on suspicion of drunk driving.

The accident occurred June 10 on eastbound Interstate 40. According to WSMV (Ch. 4), Nashville, the truck driver didn’t notice a curve in the highway. She lost control, drove through the grass and onto the Interstate 440 on-ramp then hit the retainer wall and flipped the big rig on its side.

After smelling alcohol, police tested the truck driver and discovered she was above the limit established for both commercial drivers and regular motorists.

John Pepper of the Metro Police Department said:

“The state of Tennessee requires that a truck driver, number one, shouldn’t be drinking at all when their behind the wheel. But their limit for alcohol is much lower than the average driver that would be operating a standard motor vehicle. In this case, the tractor-trailer driver was significantly above even that level.”

Fortunately, no one was hurt.

According to the Federal Motor Carrier Safety Administration’s Large Truck Crash Causation Study, alcohol played a role in one percent of all truck crashes involved in fatal accidents. Illegal drug use played a role in two percent of all truck crashes involved in fatal accidents.

Drinking and driving is a poor choice for any driver. However, when a trucker drives under the influence, the stakes are even higher. The average car weighs only 3,500 pounds while a fully-loaded tractor-trailer can weigh as much as 80,000 pounds.

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.

A trucker from Illinois died last week in a three-truck pileup on Indiana 49. The accident occurred on the morning of May 27. Mark Flock was behind the wheel of an empty tractor-trailer when he slammed into the back of semi hauling three steel coils. The force of the crash sent the semi with the steel coils over a concrete median and into a box truck, shearing the cabin of the box truck away from the trailer. In the process, the three steel coils were knocked off the flatbed trailer and onto the highway.

Flock was pronounced dead at the scene. The other truck drivers were not seriously hurt.

According to the Chesterton Tribune, Flock’s truck left numerous skid marks which would indicate his brakes locked before the crash.

An autopsy did not reveal any signs of a sudden illness or trauma before the crash. The results of toxicology tests have not yet been released and investigators are still trying to determine the cause of the accident.

Miraculously, there were no motorists injured in the chain-reaction collision involving big rigs and heavy loads.

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.

A truck driver who drifted across the center line and collided head on with a car was found guilty of involuntary manslaughter by a jury, the Rolla Daily News reports.

On March 22, 2002 Patrick Wayne Zullig of Rolla, Mo. was driving his truck west on Missouri Route 72. He crossed the center line and crashed into an oncoming car driven by Shannon Mocabee, a pregnant mother. Mocabee and her unborn fetus were killed in the collision. Another child, who was strapped in a car seat, was hurt but survived.

Last Friday, a Phelps County jury convicted Zullig of involuntary manslaughter in the first degree, a Class B felony punishable by up to 15 years in prison and a $10,000 fine. Zullig will be sentenced in August.

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.

When a dump truck crashed into a school bus earlier this month, 16-year-old Daniel Wood died. Ten students and the bus driver were also injured in the collision that occurred near Falmouth, Ky.

Now it appears that XXL Trucking, the company that owned the dump truck, violated eight federal and state safety regulations. Of those eight violations uncovered by the Kentucky Vehicle Enforcement, three of them were critical, the Kentucky Enquirer reports.

The critical violations included the failure on the part of the company’s four drivers to keep time sheets or duty status records, failure to have the company’s four trucks periodically inspected, and missing driver vehicle inspection reports.

In addition, Francis Yulfo, the dump truck driver involved in the accident, was ticketed on Feb. 1 for violating the federal safety rule that bars truckers from driving more than 11 hours in a row or more than 14 hours in a shift. Yulfo was working for an Indiana trucking company at the time.

Although criminal charges have not yet been filed, the family of the teen killed in the accident has filed suit against the drive and XXL Trucking alleging negligence.

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.

A truck driver was killed around midnight last night when his semi overturned, rolled down an embankment and caught fire, the Kansas City Star reports.

The tractor trailer was headed southbound on Interstate 435 in Kansas City. After rolling down the embankment, the semi stopped near Raytown Road which remained closed to rush hour traffic this morning so that crews could inspect a nearby bridge for structural damage.

The driver has not yet been identified and police are currently investigating the cause of the accident.

While it is not yet known what led to last night’s deadly accident, according to the federal government's Large Truck Crash Causation Study, when a truck driver was at fault for causing a fatal crash, falling asleep at the wheel or suffering a heart attack caused 12 percent of the crashes. Inattention, distraction, and failure to keep a careful lookout were to blame for 29 percent of the crashes. Poor decision-making, such as driving too fast for the conditions, following too closely, performing an illegal driving maneuver or aggressive driving accounted for 38 percent of the accidents.

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.

State Police are searching for a hit-and-run trucker who sideswiped a trooper on May 13, the Roanoke Times reports.

Trooper Jeff Rasnick had pulled over a tractor-trailer for speeding. He was sitting in his unmarked car that was parked on the shoulder of Interstate 81 when another semi ran off the right side of the road, slammed into his door and kept on driving.

Rasnick suffered shoulder and back injuries and was taken to the hospital. According to Virginia law, drivers must slow down or change lanes for emergency vehicles stopped on the side of the road.

Police are looking for a dark-colored Freightliner Class tractor with an extended front. The right rear of the white or gray box trailer suffered significant damage.

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.

A recent ruling by a Missouri federal judge makes clear that reckless truck drivers and the companies that hire them will face punitive damages when their conduct hurts and kills innocent motorists.

Truck driver George Albright Jr. was an employee of a staffing company known as Trucker’s Plus. Trucker’s Plus placed Albright with the trucking company Pro Logistics. Logistics Insight is a sister company of Pro Logistics. In addition, Pro Logistics hired Central Transport to monitor a driver’s log books to ensure the driver does not exceed the federal hours-of-service limits.

On June 1, 2006, four people were killed and several others were injured when a semi driven by George Albright Jr. failed to slow down in a construction zone on Interstate 70 near Columbia and plowed into the cars in front of him.

The survivors and the families of the motorists who were killed sued Albright, Trucker’s Plus, Pro Logistics, and Logistics Insight in the U.S. District Court for the Western District of Missouri, Central Division. The case, Garrett, et al. v. Albright, et al., No. 06-CV-4137, was assigned to U.S. District Court Judge Nanette K. Laughrey.

In pretrial motions, the trucker and the companies asked the court to dismiss the families’ claim for punitive damages. In a March 21, 2008 ruling, Laughrey refused.

She noted that in Missouri, a jury may award punitive damages when clear and convincing evidence proves that the defendant acted with complete indifference or conscious disregard for the safety of others. The families met that standard, Laughrey concluded.

Albright suffered a heart attack in 1997 while driving a semi. That same year, he was diagnosed with non-insulin diabetes. At the time he was hired, Albright’s doctor would only qualify him as physically fit to driver for one year rather than the standard two years. Under industry standards, a one-year qualification is a red flag. However, the trucking companies did not inquire further.

At the time Albright was hired, he was taking a large number of prescription drugs, including Valium (diazepam). However, he did not list the drugs on his medical form. Even if Albright advised the employers about his prescriptions, federal rules would prohibit a trucker from driving under the influence of diazepam unless a doctor certifies that it would not adversely effect his driving. The certification was not obtained before the accident.

Further, Pro Logistics had in place a policy that prohibited the hiring of a driver with a reckless driving conviction. In 1990, Albright had been convicted of reckless driving in his personal automobile. In 2002, Albright was cited in Ohio for speeding in a tractor-trailer.

Pro Logistics also had in place a policy that allowed them to withhold pay if a driver did not turn in his logbooks. In May 2006, the month before the accident, Albright failed to report nine days worth of logs. On May 11, 2006, he exceeded the hours-of-service permitted by federal law.

Laughrey noted that on the day of the accident, Albright’s logbooks indicated he slept in Columbia, Mo. from 6 am to 4:45 pm. But his cell phone records reveal he made calls at 5:47 am, 6:50 am, 12:57 am, 1:06 pm, 4:17 pm and 4:20 pm. The location of those calls was inconsistent with his logbook location.

Finally, one eyewitness testified that just before the accident, Albright looked like he was falling asleep. Another eyewitness, a flagman on I-70, testified that Albright appeared inattentive before the accident.

Laughrey wrote, “In this case, Plaintiffs have set forth clear and convincing evidence that Pro Logistics and Logistics Insights not only failed to observe clear industry standards for the monitoring of safe driving, but failed to follow their own corporate policies, both of which had the clear purpose of preventing injury to the motoring public from unsafe drivers.”

She also wrote that a “reasonable juror could conclude from the evidence that Pro Logistics and Logistics Insight knew about Albright’s heart condition, prescribed medications and history of reckless driving and allowed him to drive regardless.”

As a result of her ruling, the families were allowed to proceed with their request for punitive damages. On April 25, the defendants agreed to settle the case for $18 million.

The truck driver has also been charged with four counts of second-degree involuntary manslaughter. The criminal case is set for trial this summer.

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 killed on Interstate 70 when he was thrown from his cab during a chain reaction crash that shut down the Interstate. The series of crashes started on eastbound I-70 near Watkins on Thursday afternoon. The highway was eventually shut down in both directions because of the four separate sets of accidents.

The first accident involved a truck crashing into a Colorado Department of Transportation truck and a Colorado State Patrol car. Eastbound I-70 was blocked because of that crash and that eventually led to a chain reaction crash on a nearby bridge.

The State Patrol says 64-year-old Earl Steffen of Fairbury, Illinois was in a tractor-trailer loaded with brick when he crashed. Even though he was wearing a seat belt, he was thrown from his truck and landed underneath another car. He was pronounced dead at the scene, according to CSP. Police investigators do not believe driving too fast for conditions played a role and that alcohol was a not factor in the crash.

A total of eight vehicles were involved in the crash on the bridge. State Patrol says Steffen was heading east on I-70 and crossing the bridge when he crashed into another car, which sent that car into another vehicle. That continued until a total of eight vehicles had been involved. Many of the cars were already stopped due to the previous crash involving the CSP car and the CDOT truck.

At least nine people in the other vehicles involved in the crash suffered moderate to minor injuries and were either treated at the scene or transported to a nearby hospital.

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.

A truck driver who killed two women and injured 21 people – including four children – received a negligent driving citation as a result of the crash, the Chicago Tribune reports.

The deadly crash occurred on April 25 shortly after 5 p.m. in Chicago. A tractor-trailer driven by Don Wells, 64, careened off the Dan Ryan Expressway and slammed into a Chicago Transit Authority train station.

Eloisa Guerroro, 47, and Delisia Brown, 18, were killed in the accident. Brown was on the escalator and Guerroro was waiting on the bus stop when the truck barreled into the station.

The driver tested negative for alcohol following the crash. The truck was operated by Michigan-based Whiteline Express Ltd.

The article, written by Chicago Tribune reporters Joel Hood and Gerry Smith, also indicated that the Federal Motor Carrier Safety Administration will perform an audit of the trucking company’s safety management practices. Whiteline trucks were involved in 41 state-reported accidents in the last 30 months, including 12 that involved injuries, and one fatality.

This tragedy cost two women their lives and injured many others. Even under the best circumstances, tractor-trailers can be dangerous. But when the driver is careless, a semi is downright deadly.

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

Visit our Truck-Accident Information Center.